Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1852-07-01
For the Daily Indian. State senhnel.I


should correct editorial made in this morn
ings paper.
In the case of the United States Us. James s. Hester
on indictment for forgery the delen1ent, by his counsel
moved to quash the indictment on two grounds
lst "Thsi the case barred by the statute OF linn
itations."
ID "That the .4dministrator, and not the widow OF
heir, had The right draw the money-and that there
lore the payment by the dsbursng agent was volun
tary payment and would not be recognized by the
government-Gnd 50, an indictment would not lie for
attempting to defraud the government"
The court quashed the Indictment the first ground
remarkng that there nothing in the second point
As to the residue of the statament that the general
expression oil public sentiment and especially Of the
| enemies" such expression has been made, is
there any evidence that community is greatly satisfied.
J. l.. KETCH
We received the above communication on Monday
Mr. Ketcham, we understand was one of the prOsecu.
ting attorneys in the We find, upon inquiry that
the Indictment was quashed upon the first ground as
stated above. The second ground is inadvertently, we
suppose, misstated by Mr. Ketcham. That point, as
made by Mr.. Hester's counsel, was,
''That forgery could be predcated the instru-
ment set forth in the indictments the application the
government appeared by the indictment, to have been
made by the widow; and there no law granting TO
the widow arrearages OF pay"
On this point the court remarked-not that there
into the matter cone to any conclusion. II not
necessary they said decide the latter question: as
the other, in their minds, clear one and they
would be bound to tell the jury on the trial. that they
must acquit.
Our informant in relation to quashng the indictment
for want of a of action, was msled by hearing
Judge Huntington make remark the effect that there
was of action sustain the Indictment and by
tba IL
Wings and Democrats that the indictment was procured
from malignant personal motives alone.
Mr.. Hester was willing TO waive the first point made
by his couase, and psrmit the 60 trial on its
merits alone but the second point he coulI waive
As no indictment could be sustained on forgery of
the instrument alleged be forged there was therefore,
IN fact, no cause of action.
Mr.. Ketcham plumply denies statement, that
the general expression Of public sentiment and espe
cay of the Senate is that the indictment procured
by the efforts of enemies So far as the Senate is
oerned kROlO pOstUey that such the universal
sentiment and evidence of it, few days before the
adjournment every Senator with but a single exception,
recommended Mr. Hester for the office of commissioner
TO superntend the publication Of the revised satutesan
important and honorable station-whch he has since
received. So far public sentiment is concerned,
the only opinions adverse those have stated have
come from two or three persons who have permitted
personal rescntments blunt their OF Justice and
blind them to facts they exist.
Ourimpartial statement of Monday voluntary
one-made without Mr. Hesters knowledge, and with
out any consultation with him. 1t is Substantially
rect, the opinions OF a few the contrary notwith-
standing.
The foregoing was in type for yesterdays paper, but
crowded Since then, we have received the
following communication in relation the matter from
Mr.. Hester himself:
INDIANAPOLIS, June %, 1852.
Ma. EDIToR-I learned this evening that Mr.. J. l.,
Kecham, of this city, had left for publication, in the
Sentinel office, communication denying the truth OF
your editorial remarks touching the termination OF the
prosecution Of the U. s. myself
That editorial was written without my knowledge
consent. But its statements substantially true.
The case was disposed of on a molten TO quash Two
points were urged by my attorneythe statute oil ma-
tions and tho nsucency Of the upon which
the indictment was predicated, the law requiring
rearages OF pay to be paid the personal representative
and the indictment charging the application to have been
made by tho widow IN her personal capacity. Mr..
ketoham appeared an attorney against me, lie ofer
ed 10 let the go of if would to let the
record show that decided upon the statue of lmi
tatons. My attorney promptly refused. instructed
OF them in let the be decided upon
the single ground of the of limitations. l
ready for trial had asked for trial last winter. The
Government was not ready did not like to be forced to
attend the sttings Of the United States Court after
term with prospect OF speedy termination OF the
case. For this and this only motion to quash
was submitted. The Court remarked, when my attor-
ney refused let the be decided upon the
OF limitations that there In going to trial,
for it would be bound instruct the jury 10 acquit
whether the statute pleaded not matter what
the testimony was-that point could not be waiyed-it
always for the defendant, and could not be with
drawn.
Under these circumstances, the motion to quash
aimed generally the court refusing specify any
pal tcular grounds saying that good point sui
cent without reference any others-that the first
point raised good one and It was not necessary to
inquire further
I had thought that the attorney for the government
would consider their professional duties at end when
the prosecution terminated The District Attorney has
so acted While he prosecuted the case against
with an mpartiality commendable in officer acting
under the solemntes Of oath, he has not hit to
enter into newspaper controversy about IT, But Mr..
Ketcham chooses to follow up. What his motives
know not He is the brother-in-law Of the gentleman
who ran against me for the Senate last year. would
much prefer to live in peace with my ellow-men.
would rather avoid controversy But ii TO have
peace-if the public to be made the arsiter in this
matter have alternative left but defend myself
and in doing if shall be compelled allude to mat
ters personal to Mr. Keteham, he only blame him.
Possessing the raltes incident fallen human
nature | profess to be but erring mortal at best,
looking confidently the future for retreval Of mis-
JAMES s. HESTER.
G1- The Democrats of Coal Creek township, Mont
oonntv ;ntaod ra;eno b;ckorv pola in THAR