The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1863-08-04
The Ratxkey Case.
THE NOTION IN ARREST DENIED--THE PRIsOETR BEN
FENCED TO BIZ BANGED ON THE 23D OF sEPTEN-
BER-uIs ADDRESS TO THE COURT.

BER-uIs ADDRESS TO THE COURT
EHes COUNTY TYRhnm.
Before Judge Brown
The Of lgnaiz RatzKey who convicted Of the
Nay Of the Court Of oyer and Temner Of the
Of sigssmund Fellner, the diamond merchant,
brought up the Of Oyer and Termner yesterday
the motion Of his counsel, in arrest Of Judgment on
the following grounds
charge Of the frat degree defined the
act Of tine Legislature in relation ~ capital punishment
q That the Court does not PRESCRIBE aoy punishment
for the crime Of which the prisoner found guilty
consequently the Court has power to Impose any legal
Judge Brown denied the motion Of the prwonors ooun-
sci, whereupon Razky called FOR sentence In
twenty years old born in Breslau, Prussia
bookkeeper BY occupation and that BIO was innocent Of
sired permission - address the Court In his own behalf
his counsel failed 70 present the most solemn
procssdea n Arm Tone % address he Court Al consdo
rabie length be gave narrative OF his whereabouts
the last day ne 18th Of october) he was in company
According 70 tho story Of the prisoner that day
Felnor who fellow boarder with him, at the house
OF Mr. Funk, No. Carroll street, asked Ratzky to
company him 10 The house No. 10 East Broadway where
The woman, who seemed TO be the evil genius or poor
timely death at the hand Of murderer murdeers
They proceeded up Broadway 20 Bsrnums Museum,
furnishing store Felner desired buy some under
clothing Tor the prisoner 10 whom he seemed attached
ne purchased quantity ., shirts aSo o'ner thing and
refused 10 change turning 10 Ratzky he asked him no
had any money to lend him until ne procsred change.
Ratzky case him ten dollars and after raying
for the gocds they both departed, with the in,
tcntion Of visiting tho ladies--Mrs Marks aud
Miss Phaum. On arriving at the house IN East
Broadway, the servant norhed them tba, the ladies'
we're absent visiting some friends 10 Canal street but
seven O'Clock IN the evening Fener suggested tnai his
friend and himself would repair to saloon and get some
refresbment during the interval Of tne iadies absence
lfarp af npelb tna
In East Broadway. When they arrived the lndws
aea the party remained together 10 nine O'Clock
Fener ordered carriage and the prisoner aud him rode
tho Hamilton Jerry. arriving nj the Jerry
anu boai being 10 the slip. they went 10 drinking
on board Of tho after beng seated or
So Fellner rave Ratzy his and said he wished
20 step gu, On the decs s, monens ana s would re-
leaving the slip, Ratzky went IN search ~ him,
but could not fnd him. When the boat arrived
Brooklyn Ratssy srcaed both cab,us aud inquired OF
The terry bands Who stationed at the gate, "
he observed man answering 10 the description q ie
leaving the boat ON beng answered Ia the negative
no went outside Of tso ferry building and called
top u his voice tor his erd hat could mud no trace q
him He proceeded to his boarding house, thinking
that he might have eluded MIN leaving the boat asd
that he would ind him there before him Ratzky protests
his innocence crime charges Pnaum win
being The guilty party lie very ooquenty considering the
awful circumstances by which he surrounded detailed
all The circumstance connect ed with the case declaring
that be entirely ignorant OF tho manner which bis
unfortunate friend came 10 his death lie referred
suicide OF Mss Paaum, and cnstondod that fact,
.
orn,a O stronger circumstance TO the guilt OF one
both Of thoge than all the esneny produced
against him on the trial tie declared In solemn
and Impressive manner, with bis hand porting heaven
ward mat MISS pnaum not Guilty n the horrible
which he stood convicted then the guilty
was sti ~ large ln conclusion NO called upon IN al
Judge from whose decision there appeal and before
whose great tribunal the guilty Miss Paaun already
been summoned-to attest hB innocence OF any eomph
city the foul deed which took from him
kindest friend.
Az tho conclusion the address Judge yowr
addressed the prisoner as follows
You arc above the ordinary INTEL gepce OF your
try, aud not my purpose, therefore, say much 10
tho laws You that the court Is a mere minis
ter of the law, 10 pronounce tho judgment which the
circumstances Of the 70 warrant The cir
cumsances under which you convicted were some
what peculiar. There was no direct evidence. No per
sou the murder committed, and the proof wns en-.
tely circumst anal bat then II consisted series of
circumstancesnot ~ two, but variety ~ crcuu
stances all pointing TO your guilt, aud ~ thorn
leading to any other. The Jury have found you guilty. al
this offence, aud am compelled TO say that ana my col
not have been pss,hle but that you are the guilty.
party. II Is not my purpose remind vo.,
VI the relationship which the proof showed existed ha
tween you and Foner, because would not willingly add
am here minister ~ the Law pro- ounce mdsnent
II not my province % Offer you my advice in these trv
circumstances 10 which placed an IN bov
you should spend your tme IN tho brcf period OF vour
hs Thetc are ministers 81 tho Gospel whose duty a 4
70 attend TO your spiritual and can but bops tbaf
thas you be taken 20 JAIL tht you there remain until
the 23d dav of september and that ay the
hours Of twelve and two oc ock bc taken 10 the paccspS
execution and there hung ,ili dead
was pronounced Hs then removed 10 Kings county
"A