Year: 1871




the Tombs-How the Assassin


Himself.


Foster is getting fat. The keepers
in the Tombs remark that since his re.
spite from the gallows, the weight off
his mind has conduced very much to
his bodily health. He is getting fat
not only over the prolongation of his
life, but on the very great probability
which at present exists that his stay ON
this earth will. continue until Mother
Nature alone chooses to take him off
it.


Daily since Judge Pratt gave the re-
markable decision in the Brooklyn
Court, which has saved


THE MURDERER OF AVERY d. PUTNAM
From the gallows, he has increased in
animal spirits until now there is prob
ably not a gayer man within the pre-
cincts of the Tombs prison. He has
been removed from the cell No. >, on
Murderer's row, of which he was the
tenant after the sentence Of the law was
passed upon him by Judge Cardozo, and
now occupies healthy and comfortable
quarters on the first tier, where the
graver cases of the prison are immured.
He eats ravenously, and always sends
back his plate empty, and takes quite
a good deal OF exercise.


HE Is VISITED


Daily 10y number OF sympathizlng
friends. These belong mainly to the
good class Of workingmen and seem to
generally be a respectable lot Of people.
His wife also visits him daily and spends
an hour or so with him. Her faithful
conduct to her unfortunate husband is
a matter of remark in the prison, and
she certainly shows all the affection OF
dutiful and loving wife, who clings to
her husband "for better, for worse.
She constantly brings him dainties and
little objects which serve to alleviate
the dreary monotony of prison life.


With the exception OF his wife, how
ever, Foster is


VISITED BY NONE OF HIS RELATIONS.
His father has never set his foot within
the prison walls, and it is said he never
will. After doing his best to save his
son from an ignominious death, he
leaves him to his fate The fathers
conduct probably influences the other
relatives, who, while they do not wish
to deny the criminal all the benefit
of the law, otherwise repudiate him
entirely.


AMONG HIS COMPANIONS


In prison Foster is quite a favorite.
His gentle, genial ways have captivated
the rougher hearts around him, and
they feel for man who has been
thrown amongst them by the accident
of a great but probably unprecedented
crime. Indeed, they seem to think it
quite privilege to be addressed by him,
and he seems to wish TO keep aloof from
them, influenced, as he is, by very
natural feeling OF reserve.


FOSTERS PRESENT APPEARANCE
Is not that of criminal. He looks
rather like an honest mechanic, and
without any guile There is now none
of that air of hardness which char
acterized him during his trial, and
which was, no doubt caused by his re-
cent life OF debauch, and by that feel
ing of desperation which takes pooses-
sion OF man who feels himself hunted
to his death by a sentiment OF univer
sal Indignation and seeking for ven
geance.


As Fosters case now stands he will |
probably not suffer the extreme penalty |
of the law for over a year to come, il, |
indeed, he ever comes to the gallows.
The stay Of proceedings granted by
Judge Pratt sends the case to the
Bench Of judges at


THE GENERAL TERN
On the first Monday in November.
This General Term can either order u
new trial or confirm the verdict Of the
Over and Terminer In the former
case the whole matter will be taken up
again and the former trial entirely
wiped away. In the latter, though
Foster would be sentenced anew, the
case can be taken up to the Court OF
Appeals, which is a very slow-moving
body, and which, though it most always
confirms the decisions of the General
Term, would give the murderer lease
OF life for at least another year. Where
there's life there's hope, and no doubt
Foster feels that, with over year be-
fore him, the shadow OF death on the
galows is still far enough away.-NeW