The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-10-10

for the ProsccutiOn-Tho Trial OF Henry
B. Jenkins Postponed-His Counsel Of
fer to Make n Certain Piea-Appiica-
ton for the Dtcharge or Brown, alias
Brewer, &c.
COURT OF GENERAL SESSIONS.
Before Recorder HOFFMAN
This court thronged yesterday morning in expect
alton that the trial Of Henry B. jenkins, the alleged
Phenix Bank defauIter would be commenced, the
having been put the calendar for that day The
OF Edward Ketchum was also placed on the calendar
The room crowded with large panel of jurors
moned Saturday, besides Witnesses members Of the
bar and prominent citizens, drawn shther by the
of the approaching trial of these important
and famous criminal cases. The prosecuting officer,
knowing in advance what the disposition OF these
would be- did not give instructions TO the officers whose
duty is TO conduct prisoners from the Tombs to the
court room, so that neither Jenkins Ketchum Was
brought mp. The latter was represented by ex-Judge
Allen but the legal advisers Of Jenkins did not happen
to be In The when the matter disposed Of.
When the court opened the Recorder proceeded
to call the calendar and reached the Of Edward
Ketchum.
District Attorney Hall and said In that this
morning received the following letter, although the
writer and counsel is in COURT
IRrrRn FROM KKrcHuM's COUNSEL.
No. 81 WALL STREET, New YORK, Oct. Z 1855.
DEAR sIR-It has been the intention OF Edward h.
Ketchum from the first to plead guilty to the charge Of
forgery preferred against him. and ne desired 10 do 40
when arraigned upon the indictments. He however,
under the advice OF counsel consented to ntcrpose
plea of not guilty for the that his testimony and
explanations were important in matters affecting his late
firm and their creditors.
He how proposes to plead guilty; but as the matters
referred still pending and unfinished, and his
plantations and testimony still required by those in
teresed it is desirable to defer the plea to hate day
In the present term as may be practicable.
We therefore propose, some day which VIII suit
your convenience and Of which you may advise me, to
withdraw tho plea OF not guilty and plead guilty sug
gested in our interview this morning, and will do so on
such day as you may please TO name Very renectfny
OF counsel for Edward r. Kctchum
A. oAKry H,,, Esq, District Attorney, New York city
Mr. Hall tcontinung)-That, sir, is not unusual
quest As your Honor knows it is granted here
day where the testimony Of parties for
those whom they have in any wise injured or dcfaudcd
and therefore accede to IT, and TO the gentleman that
he be prepared put in the plea the last dav Of
this term whatsoever day that is. II cannot be named
yet because the term sometimes breaks down proma
turely and sometimes goes through its full
But whatever that last day is, will send him word the
night before when the pleas will be withdrawn and the
proper record put in.
ExJudge Allen counsel for Ketchum)-Any day towards
the end OF the term will the convenience OF the
District Attorney and your Honor and then desire TO
make some remarks.
Mr. Hal-The witnesses in the case OF KetChum
therefore discharged from further attendance.
EVIDENCE AGAINST KETcHUM.
II will be remembered by the readers Of legal pro-
ceedings that when this matter up last month
classification Of the various indictments against him
given Now that the is virtually closed i may not be
embarrassing give bird sketch Of what the prose
cuton would have proven II Kechum had thrown himself
upon jury Of his country for trial. from which the reader
will get insight into the mnds 0psrGndi Of the way in
which great criminal trials conducted well as have
some slight conception Of the great labor devavng upon
prosecuting officer in the preparation OF cases OF this
magnitude especially when he has eminent legal talent
TO watch with eagle eyes for every technical defect in
the evidence So jealous is the criminal law Of the rights
accused party that every link be supplied
its proper place. else the chain designed TO envelope The
defendant will worthless when tested by the rules
Of law In anticipation OF the trial Of Kcchum the DIS
trict Attorney had summoned cloud of Witnesses
thirty in numbcrtO establish the charge set forth
in the indictment which he elected TO try Counsel for
the accused well KIN doubt the impregnabe nature
Of the fortress they had attack the admirable arrange
OF the batteries and the skill and vigilance Of their
opponents and 50 wisely surrendered Il the trial had
adduced against Ketchum would have been somewhat IN
this WISE
York. would have proved the purchase Of the CHECK
book by the prisoner. Messrs PAUL Bunder and The
odore Ward would have proved MS name as signed
would have proved the uttcrng Of the spurious gold
checks by Van Loan. Then Mr Day d Groesb,ck would
have produced the cancelled gold checks followed by Mr.
George w Van Loan. who would have established tho
fact that the tutoring OF tho checks ketchnms
account. trio Of cas,ers--Messrs Bllop Seaman. An
thony IaAe and Wm A. Gibson-would then have taken
the stand to furnish additional proof OF the uernnca OF
those bogus checks bv Van Loan, who Of course,
urapprsed of tho fact that they were orgeres. The
District Attorney would then have asked the jury 10
company him ~ tho boarding house of Mrs Harriet
Ivcs in West Twentieth street where Ketchum hired
suit OF rooms under the ASSUMED name of Lowry, to
prove flight and concea'mcnt which would have been a
pillar in the construction of his argument when tho
summing up took place. They would have been recon.
ductcd to the vicinity or Walt street, and an uttsrng
and redemption Of number Of these fraudulent gold
checks won have been cs.abl she'd by brici interview
with Ms.srs Louis r Van Hoffman. John Norris and
Herman M,rcorsa NJ. Hall would then have introduced
John H. Gilmore the detective who sfr,sted kctchnm.
who III the mouth OF this officer Of the law would
have told tho story OF his guilt IN the shape OF
important admissions made al that tine The Jnfy,
IN their search for proof against this unfortunatc
young man. would now be conducted By the
counsel for hc people into the sacred precincts OF the
prisoners own domic for Mr.. Hiram Ketchum would
have proven the finding ~ of tho check books NJ
the house OF The accused The doDgs and the savings
Of Kcchum nppcrainng to this charge would have been
unfoided by Mpssra Thomas X 5ciknnp Jr., aud Iyn
don w. swan anu Mr. Hall, in order TO provo beyond
peradycniurc the hirrc OF forgery 70 Id have brought
forth chorus OF vol 90 to convince the jury that the
&c Il i. Cutting wiss forged by ketchim ~ the
persons of the following gentlemen .--R. G. Cutting,
Louis Einslcn Isaac Ros,ncld Thcodosc Gcnt Georse
Phpps julius Haaar.cp .oscph Hcrzfcld Emile Drprc,
George Kretz, Herman Kilnlal, Emil Sauer, J. u
rockeimann. Charles Unlcr. II. q. AarqDand, A. w.
Dinock, Thomas y yernilye. Jr. II. Cl'ws. Thee :.
Fowler, Alanson Robinson. Kenyon Cox and James
Benedict
This would have closed the of the people Of the
siao or Nav York against The prisoner at the bar IT,
the worlds great bard ailrms,
t;niiiness would 81 though tongues out OF
II would be diGcglt 10 Imagine what this young
man could have said In rxtenuaton or his offence
10 drown tho Of such number OF trum-
pet tonguei procaimers ~ hts guilt But "
the trial had taken place undoubtedly the IN
genous and able counsel whom he selected 10 plead
his use would have exefed their utmost skill and taxed
the Tas resources OF their legal and oratorca acquire
ments TO acquit their client The District Attorney
world then have grouped the facts established by the
witnesses whom he called in way which only great ex
pcrien~e this branch Of the law could enable ono TO
do and by all tho appliances Of logic, illustration and
eridtion aud by calling into rcquston tho arts Of
poetry and oratoy he would have pressed upon the jury
the duty Of convicting the prisoner.
The Court in the discharge of its high functions then
world have cited the law applicable to the charge pre-
ferred in the indictment and in lucid and dspassonate
manner with scrupuous regard for the rights Of the
people we'll the accused would have given digest
OF the testimony The would then DO handed
the jury, whose province according 10 their oaths
would have been render verdict according TO the
evidence II, Is morally certain, the verdict were
guilty tho Judgment Of the Court would be pro.
nounced which would have consigned him who few
months AGO living In opulcnce and enjoying the
ddcnca eaptalists of the