New-York tribune., 1873-01-22
SHADOWS OF THE sCAFFoLD.

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Commissioners report
SHADOWS OF THE SCAFFOLD.
POSTERS DOOM SEALED BY THE COURT OF AP-
pEAIs-HOW THE NEWS CREPT THROUGH
THE TOMBS.
The city was excited, late yesterday afternoon,
over rumor which subsequently, proved to DC true ae
the Court Of Appeals had affirmed the decision o 'ho
lower court which found William Foster guilty. OF
murder in the first degree. ExDstrctAttorney uar'n
received the telegram which read as follows'
| To SAMUEL b. GARvE: In Fosters case 1udgInen,
affirmed, and court below ordered 10 oa,IyI ynssals
into effect. T.. q. PERRIN CerA 'oui' VI "iP
The details of Fosters familiar TO all news
paper readers, both in the city and over the country
attracting as 1t did, particular attention on account o
the glaring brutality which marked It, On Aptii 1o
1871. Avery ID. Putnam was going downtown Win ."o
ladies in Broadway car. On the Hon' Pi'N
form, with the driver, stood burly, coarse-fea
tured, black-whlskered man, whose geherH hian
ner and carriage that OF seaiarins
man. His eyes were continually peering IN through the
open door with unpeasany significant glances drec'eu
exclusively to the younger Of the ladies' accompanying
Mr.. Putnam The latter arose and closed the HohO
door the opened it Mr.. Putnam recIosed IL WIN
a decisive slam the ruhan threw 1t back sun more
nosily, and soon came threat from MS
lips. AT last the moment came "heh
Mr.. Putnam and the two ladies alighted Foster had
grasped the meantime the iron carhook, hanging on
the front dashboard and rushed around TO the DacK
platform. As Mr. Putnam stood there with his DacK 10
Foster the assassin feed him to the ground by horri
BILE crushing blow the head. Three days later Mr..
Putnam died. On May ?, ls71 Foster was indicted on
May he was committed to the Tombs; on May % ne
found guilty OF murder In the first degree and SEN
fenced to be hanged on July IA.
Efforts were made by his counsel TO obtain stay OF
proceedings, and they finally succeeded. On the argu-
ment before the General Term the decision of the Oyer
and Terminer affirmed, and the car-hook murderer
re-sentenced, Feb. IL. 1872, to be hanged on
March 22 Another stay obtained, and the case has
been resting quietly in the hands OF the Court OF
Appeals until yesterday, when the decision was
announced which destroys all but the last yesge OF
hope for William FOser-the cemency of the Governor.
The chances of the criminal freely discussed yes
terday afternoon around the Courts. In conversation
with several lawyers, THE TRIBUSEs representative
informed emphatically lin nearly all cases. that
there hope for Foster; that the entire commu-
nifty would receive the news of this decision with salts
faction and that 1t was precursor OF sna peL it a
ministaton of criminal justice in this erinerlddeh CITY
When Foster will be Sentenced be hanged cannot,
OF course, DO definitely stated III Is almost Gert 10 po
the shortest time allowed by tho law which is sald 10 DO
SIX weeks and this throws II beyond ine uy sSo a9 pr
for Stokess execution Feb 49, H. lndeed, stoAes uoeS
not stay Of proceedings IN the meantime. IL,
The tenacity with which condemned muTderers cling
TO belief in their ultimate escape from the execut9n ION
OF the law proverbia and 1t was never more marked
illustrated than IN this very Case Us wiz os seeI - Ii
the surprise with which Foster received lhe e"s Vi LIS
The intelligence was first conveyed TO the Tombs by
reporter OF an afternoon newspaper In less lah an
hour every soul within the prison. from tue pett1 o
inal In the female department TO the condemned man
himself in "Murderer's Row., was III possesson vi tle
terrible The prsonkeepers discussed tue uecs1n
with feelings OF pity aud toia IL 70 pt, fro, fer
passed IL to his neighnor ana tnus IL tot
10 tier, from ward to ward, nnA u reacned lhe Sis "a
the murderers in the immediate vicinity OF FOSTERS cel
chilling their very blood, for they could only look upon
the decision OF the Judges as Ioreruhef oi the Ju9e
that would be meted out to theIl' a., .., -, -.
Fosters wife eonyersing quietly with hlm' OUT
pf.4o % hfa A lnnT
that husbands last nope OF escaping the gaow was
soon TO be extngused she soon eIt MS cell anu as
passed through the corridors ana into tine nam
Office the keepers shrank from her presence, ana ue9
not inform her Of the awful ntegenee riend zen eaeai
and Foster talked unconcernedy with MN Tor seNerai
moments. He, to0 went away, ana sun tue prlsohe u
not dream OF the fatal soon TO be Impaired 10 MN
Finally wprsoner summoned Foster; ana sara 10
gUaa gt%; Its too O'd' Dl'' Ou' '"'' I''0 ''.' ~
The murderer had opened his cell door boldly and in
differently but he heard the words pronounced ne
grasped the iron grating cOnyulsvey turned pale ana
as ii only half comprehendng the import OF the sen
tence, hOarsely asked: What do you mean Inc man
ypR new trial. Instead OF striking his heart
these confirming words had no visible eneot upon tn9
bearing The color returned to his cheek, and the COOL
could not continue long, and In a moment, without
another word. Foster closed the iron door A., A..
Friends called 10 him, reporters Deseged inc uoor
OF the cell for hours but the within would not see
them. The keepers about the prison seemed almost 10
regret the decision and conyersed continually ABOUT 'ne
news and the man whom II most concerned.
sToKEss CLAIM FOR NEW TRIAL.
The final bill of exceptions in the Stokes
case was filed yesterday, and early hearing will be-
had on the application for a trial. Four ahdavits
have been submitted substantating allegations EN-
bodied in the bill of exceptions. At the request o one
of the counsel for Stokes TIE TRIBUNE omits the publ
cation Of the afiidavits alluded to.
One of the affdavts establishes the authority OF
Juror that another juror leaving the courtroom III
charge Of Deputy Sheriff. visited the Remington Arms
Company's store Broadway and examined the various
makes OF pistols satisfy himself he expressed IT,
whether a casual observer could tell in an excited mo-
ment whether pistol had four or six barrels Another
Juror swears that juror named Yost visited the Grand
Central Hotel and examined the staircase where the
firing occurred to satisfy himself whether Stokes had
means OF escape. He also talked with the clerk and
Others The Defense IL is understood mean to insist
that these Jurors thus introduced evidence not submit
ted the trial, and invaidated their verdict . ,
ave Is to the effect that the juror Yos while witnessing
the Jury to try Stokes the murderer would be hanged
been established that Yost and Mitchell two OF the
Jurors, live in adjoining houses and IN business TO-
gether aud this fact Is relied upon by the defense as IN
some way advantageous to their client.
PHASES OF CRIME.
uIrpnER IN THE ROwFRY.