The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-15
SHERIFF BRENNAN INSTRUCTED
The Governor Sends a Special
Messenger to New York.
WHAT THE SHERIFF SAYS ABOUT IT
IT Have Got To Do It"-Foster Guarded
Night and Day-The Last Hope
Extnguished.


whom he slew with car hook on April 81, 1871,
WILL in all human probability. be executed on Fri
day next March II, at the termination Of the
respite granted few days since by Governor Dix.
About three o'clock yesterday afternoon Major
Sidney De Kay, Military Secretary on Governor
DiX's personal star, called upon Sheriff Brennan
In his Offices and communicated to him some bust
ness information OF . general nature, and
also conveyed to him verbally and in a semi-o1cla
character the crisp intelligence that Governor Dix
had declined to interpose any further clemency in
behalf OF
THE CONDEMNED MAN.
| Half an hour later . HERALD reporter called on
the Sheriff and requested interview. The Sheriff
| was engaged at the time with his under sheriff,
| Mr.. Joel o. Stevens, but appeared In few mo-
ments, and the following brief conversation en-
sued:-
| "Sherin Brennan have called TO ask whether
you have any further information for the public in
reference to the case OF Foster"
"We," replied the Sheriff. as he leaned against
the windOwcasing of his ONCE al have some infor-
nation, and, although it is not directly Official am
convinced perfectly as to its real meaning There
is no hope for Foster"
"Then," interrupted the reporter, shave you re-
ceved any communication from the Governor on
the subject ?"
81 have not received his official or formal deci-
sion," said the Sheriff, ''but messenger from the
Governor called on me and has just left me, and
from the Information he gave me l am satisfied
that the law will take It's course"
"And that, OF course means that the prisoner
will be hanged a week from to-day ~
eyes. shall go ON tomorrow with the neces-
sary
PREPARATIONS FOR THE EXECUTION"
Here the Sheriff paused moment, looking some
uhotfl ictr coodi in min opAf pfir,ua
regretful tone and with a wave OF his hand.
al have got to do 1t. 1t distresses me to have
such painful duty to do, but see no other proba-
bility or course you will understand that the
Official decision has not yet reached me-nothng
more than q sort of confidential or semi-oficial
statement"
As the Sheriff was quite busy the reporter troub-
led him no further with questions, but IL appeared
from his manner that he was both surprised and
embarrassed at the nature OF the Information he
had received.
A few minutes before four O'Clock the reporter
visited Under Sheriff Stevens, and elected from
him expression of his firm belief also that the
information received in the onice was thoroughly
| accurate and finally disposed of the question OF
LIFE OR DEATH
| to the condemned man. In answer to an inquiry
| on the subject OF the Official documentary decision
| of the Governor Mr.. Stevens said -
ave shall have the Official decision with the Gov.
ernor's signature here tomorrow Chis) morning."
AIS this communication which has been received
to-day OF so sufficiently an onicial character that
you will communicate Its purport to Foster to-
night ?" asked the reporter.
ooh, nO,n responded the Under Sheriff; 1--WE can
only convey that Information to him in an official
way and upon the Governors official decision
What we have received is purely unofficial, but 1t
Ia perfectly conclusive to my mind. Foster will be
hanged"
The news of the decision in this informal way
ran from lip to lip like wildfre, and before 1t had
been an hour old probably
| THREE OR FOUR THOUSAND PERSONS
were aware OF its purport. The evening papers
rushed out "extras'' with the brief and fatal an
nouncement and 1t was the all-absorbing topic OF
the evening" This clearly shows the extent to
which the public mind is excited upon the subject,
for in hotels and club rooms, in restaurants and in
lunch ''dvesn the word "Foster" could be heard in
almost every circle of conversation and in brie
autations OF greeting friends ON the streets. The
general expression Of opinion was that Of sympa
thy Tor the culprit coupled with belief that his
death Is
A PUBLIC NECESSITY
in order to make street ruiiiansm as dangerous to
the ruilians 1t Is to decent citizens. Even pe0
pie who expressed the belief that, technically I'M
der statutes OF this State Fosters crime did not
attain the terrible magnitude oil murder In The Dfst
degree also concurred in the general decision
tnat his execution is demanded for the public
welfare. 1t was also extremely noticeable that
Governor DiXs action was looked upon as a guar
antee that he is not disposed 10 lie lenient with
criminals during his incumbency and that the
school OF rigid military discipline In which his boy
hood as well as his later years we're passed has
perfected him in deliberaton, perception and de-
csiveness OF action.
FOSTER IN THE rOMBS.
The doomed prisoner passed quiet though
rather melancholy day yesterday IN his cell, and
was visited by several members OF his family. Mrs.
Foster has proved herself most devoted wife TO
her unfortunate husband, and since his final con-
permissible privilege within the discretion OF War.
den Johnston. She has visited him daily, and
usually remains with him rom three O'Clock until
late IN the evening.
on Thursday evening last Sheriff Brennan made
out a full detail OF deputies TO
WATCH THE PRISONER
night and day until the time OF execution, and
, coDy OF this rOs er was furnished to Warden John
stoD. Two deputy shcrins are placed on guard
each morning and are relieved at night ny u further
detail OF two men. Deputies hanbury and SeebacheI
took the FIRST turn OF duty, beginning yesterday
| morning, and were relieved last night by Deputies
! Burns ard Koehler. who 20 or duty this morning
the watch being continued to-day by relief OF two
| other Ofcers
DR.. Neais, physician at the Tombs, states thai
Fosters general health is gosd the only complaints
made by the prisoner being Of slight rheumatic
affection OF his arms.
The Decision Not Promulgated In Al
bany.
ALBANY, March Ia, 1873.
The decision In the Foster case viii probably b,
delivered to-day, but it will be made known onl!
to the officials In New York-the Sheriff, perhaps
The Governor will not make it known here, FOL
the press or any one.
| Governor Dix Declines to Make His De
cision Known Until To-Bay-A Lengthy
ALBANY, March IA, 1873
called upon Governor Dix this evening to learn
IL possible, his decision respecting the fate o.
Foster, but he declined to make 1t known. lie
said the fact will be offcially made known in New
York tomorrow, but that his letter. giving his full
reasons, addressed to a gentleman whom he would
not name, will not be ready until the early part oil
next week. lie also stated that he would not make
his decision known tonight TO any newspaper