Year: 1873

"
the carhook murderer, wm Foster, Was performed yes
terday by the Judges OF the General Term OF the Su
preme Court The Court Of Appeals having affirmed the
judgment OF death passed upon tne condemned man, II
only remained for the General fern TO tx for the third
and last time the day Of execution. At 1880 Judges
Ipgrham Brady and LeonaLd their seats upon the
bench and DistrctAtornes Phelps the part of the
people and Messrs. Allen and eT-Judge Porter repre-
senting the prisoner, were in their places.


Mr. Phelps addressing the Court called attention TO
the case Of the prisoner, recountng the trials he had
had and the final decision Of the Court OF Appeals. He
asked that the Court the notice OF the decision OF
the Court Of Appeals, would grant HIM permission TO
apply for writ of habeas corpus 10 have the prisoner
produced in court.


The Court directed the Clerk to enter the order and
make out tie writ as requested The instrument was
delivered TO the Sheriff. who had Foster in his private
office, and in few moments the custodian and prisoner
appeared together When Foster had reached the spot
selected for him. the District Attorney and formally
moved that sentence be passed and day fixed for the
execution OF the prisoner. When the Clerk requested
Foster to stand, the and faced the Court,
brushing back carelessly the hair that fell over his
forehead.


There appeared to be paor on his face and DO lack
OF selpossession. His step was firm as usual and his
whole form showed no traces of suffering In fact, his
day Of excitement so far bearing Of his doom was
concerned had gone by and the story had become an
old one The proceedings in :he Courtroom were OF
impressive as such scenes must always De- put
they lacked that thrilling interest which marked the
sentencing Of Stokes. The proceeding was business
like and II person could have stood inside and not
heard the words of the Judge, he would hardly have
imagined that this time the words meant certain death
70 the vigorous looking fellow who stood with his head
lowered his eyes fixed upon the floor, and his hands
clasped behind him. When Judge Ingraham asked
Foster why sentence OF death should not be pronounced
against him. he SIMPLY replied as he raised his head ana
dropped it again, 81 never intended TO Kill Mr.
Putnam" -


Judge IngrahaIn paused moment, waiting for more,
but Foster made no sign; and the Judge proceeded 10
pass the following sentence upon him:


1t becomes the duty of this court to ok the day npon
which sentence before pronounced upon you is TO be
executed Il is some time since you tried and at
that trial you found guilty ana convicted OF the
6aneS Yon appealed from the sentence OF the Court
OF over and Ternner the General Term OF this court
20 he hanged passed away on the hearing of the appeal
the Judgment was eonhrmed and day was G hxed foF
Appeals and the day for execution aga1 passed away
The Court of Appeals has confirmed the decision OF tne
lower courts and has sent the proceedings back to us
with directions that the judgment be carried out To
execution We have examined the papers and we sec
nothing in them-no reason why we should not proceed


in obedience orders OF the Court OF Appeals and
unless you have something to say why we should nor.


we shall discharge that duty Your counsel are IN court
and If they have anything TO say, we will hear it,


Foster here lifted up his his head for moment and
said: al did not intend 20 kill him, Sir"


Judge IngrahaIn--We can feel with you and your
friends the difficulty OF the position in which you are
placed to refer TO the circumstances of
the homicide. Our duty is discharged when we desig
nate the day of the Court TO be
red effect but before doing so cannot omit urging
upon you the importance of preparing for the solemn
event The time allowed for this purpose Is very
short II is only few weeks before the time will come
when your life be terminated, II that sentence IL
carried out There is other court TO which you can
anpeal There further appeal for you TO any earthly


tribunal except the Executive OF the State should think


M 70 exercise the power vested In him by sending
pardon change Of sentence With that We have moth
Ing TO do. - -, -, 49,, ,
thereby be induced postpone the preparation
sary the solemn event which must follow the SEN
tence. beg OF you to improve the time left you. IL
will soon pass away, although the time VIII go slowly.
Yet surely il Will bring TO the termination OF the
short period left you. See 10 IT, therefore, before IL be
toe late, that you make preparations


We nothing 10 do now but to designate the day,
vested In them under the statute, and In obedience to
the direction of the Court Of Appeals, designate Friday
the 7h OF March, lS3 as the day on which the sentence
heretofore pronounced OF DEATH shall DO carried
into execution.


The death warrant then read TO the Sheriff, com
manding him that the sentence OF the law be
red out When this had been concluded the Sheriff took
charge OF miserable man. and reconveyed him to the
Tombs. Like all prisoners under sentence Of death,
Foster was taken to different cell, which adjOns that
Of Stokes. The condemned man dved into it without
saying word and Immediately shut the door. Several
visitors tried to catch glimpse Of him but they
hustled out and Stokes and Foster left alone.