The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-12-31


q August Il was brought think may ssr soossu Y
vth the simple intention Of extorting money I'm ~ es
arm Of Ketchum, Ton Go. ! make this accusat0E'S'
sis mouths with the House Of Koiohum, son Co on
the paH Of the pia nttG, ono John n Taylor, q -
LoaiA Al tho and Of six months the aoocsat With
which Tho plaintiff IL shown TO be debtor Of seven
thousand dollars The account was transmitted and
there was no reply eq. Mr. Taylor finding o what Sss hs
faction having been heard brought 2 suit laying MS
damages at fifty thousand dollars Now, II the Court
transactions took place entirely with the prisoner at the
bar Mr. Taylcr acted consulted gave his orders and
carried on his correspondence solely with Inward D.
action Mr. Taylor lays his damages at fifty thousand
doilar alleging that Edward d. Ketchun's disobedence
Inn 10 the extent Of Afty thousand dollars. He
will como into court next February, ard viii swear TO
those allegations which he has already sworn TO IN tpe
complaint There Is not one single witness whom We
can bring In 70 deny hun. He can swear 70 what ne
re and thoro Is NO chance tor us TO oer any denial
he transactions solely and exclusively with Ed
vAra Keichum. BY your sentence, prema,urely
p.<<ec. be- Win be rendered incompetent 70 deny me
oath ~ The piana and wrongful debt OF 100000 Will
he .nGc1d upon tho parties who are innocent. The
crime 20 trust his son. Therefore, il The Court
q. as has % as p
can b. 70 a conclusion, and u now on the calen-
da will be reached in the latter part Of january or
in the early part of February have made pod " pre-
sent this petition that the sentence may be delayed
REMARKS OF MR.. BANGS.
Mr. Bangs-Tbe only ground Of opposition 70 TINS ap-
pcation suggested by the learned District A,oey -
side, is matter OF fact The learned District Aor
ney does deny that justice requires that the parties
whom represent should have time 10 get all this test
mony He does not deny that the cause or Justice re-
qnires that all the facts constituting the career OF I'd
ward Kechum 30 far AZ they involve pecahaiy con.
10 Others should be brought ont under oath
In courts of JUSTICE but he as matter OF opinion
and Of Judgment that there has been time enough 70
get IT, He informed the Court that with the exception
Of a solitary case, no such length Of time has been
granted In any instance. presume that the case TO
which ne refers IL that Of Parmey lam informed that
the extension year. but in that case the pec-
mary mater involved compared with the case repre-
sent is extremely ng Tint there has been Time To get
such evidence as require rom MT !; & san, ssa Il
that affidavit that every moment OF spare time which
could control has been given TO the examination OF Ed
ward b. Ketchm in the Superior Court In which am de-
PENDANT and in which Mr. Vicar plaintiff The closeness
with which that has been pursued 10 known 70 yonr
Honor IL was only closed, as FAR - was concerned
Yesterday at o'clock leaving the proceedings still
Open without any liberty ut any time on my part 10 re-
sumo the examination but left Open as far az other par
ties concerned SO that 10 may be conducted Dy
those other parties in my absence, and without leave on
nv part, Tuesday morning. There Is now otHtand-
ing in the Superior Court writ Of habeas corpus return
able on Tuesday morning for the purpose OF enabling
other parties who perhaps do not think necessary to
say thing the Court Tor the benefit OF those parties
while sm forecloscd submit TO the learned District
Attorney as lawyer whether in his deliberate judg-
lnent--a Judgment founded upon calm reflection and
careful review Of acs-whether in his Judgment four
months be ginning with the LIST OF September and ending
with the last December afford Sufficient interval OF
time for any lawyer manage he would desireto yet
into shape 70 lltigstsd case involving one million
Of dolsrss To have taken his testimony would have
been dong supcfhuman feata mirncle In view Of the
fact that this young man is one whose DOOM sometime
be shortened or abbreviated BY any suffering he may I'M
dergu Can the Court doubt Tor instant the good faith
Of those who assert that during the last four months
they have been endeavorng 10 get all the testimony thai
the forms of law could aJfOrJY
REMARKS or THE RECoRpER.
Recorder Hoffman said:The Court does not entertain
THE slightest doubt OF the good faith Of the application
made for potponement OF tho sentence. and the Court
also very plainly st the sentence OF this prisoner
win lead great deal OF confusion and greatly damage
the business affairs Of The hose with which he has been
connected but that Is one os the inevitable c0nse
Quoncoe or the commission OF crime by any one who is
engaged in large business operations The personal
calamity himself lis not AL that follows the commission
OF crime, bat every one connected with hm IN bus.
social relaions involved IN IT, That il one OF
the penalties that follow ~ While the interests Of the
creditors undoubtedly require thst time should be
given for the examination OF This prisoner cannot but
e after looking at this carefully that the State,
WHOSE laws have been violated requires that thcyihoud
be vindcafod with degree OF prcmptness There
other interests besides those Of the creditors There
the great public interest which must be consulted The law
has been violated and violated under circumstances
which, by u the worry character Of the violation,
attracted unusual attention; 30 that the state nae
greater interest than the individual While regret very
much that u the consequences or this sentence must
he that honest persons must be the oSer1 by H. feel
my duty in view VI the fact ALSO that When this plea
was taken IL lalthough not Expressed, understood
tina. the case would be Disposed Of in the course Of the
present year. Whether that WAS understood BY the
counsel moi do not know but was in.ims.sd - the
coed TO tho sentence o. this prisoner.
The Clerk lNr vsndevoor9 then ssid---Staaa up,
Ketch-m.
Mr. Kstchum, who occupied seat beside his vener-
able father, who deeply moved, rose ard sood o.
the bar.
gs9CHUx ~ THE sAR
a ms N An nj
sny 'xnd2
Mr.. Keichum--No, Sr.
The Clerk-WhAt have you now 90 say why Judgment
should MOI bs npon YOU according to sws
Kstchrm--Ncthing SIR.
THE sESrrncE.
The Recorder Addressed the prisoDef follows II
have given your Edward h. Ketchum. most anxious
.nd careful consideration: not because ever doubted
what the interests Of society required duty demanded
Of me, but for the reecn that well know thai many
gentlemen of high character and excellent judgment
entertained views entirely AZ variance with my
Occupying you did, exalted position among the
business men OF This great commercial city, command
ing as you did unlimited confidence and credit poe
sessed you were, " great wealth and influence, yon
became involved In speculstions a. vast rs they were
dangerous and rninous and then 10 the financial
ruin Of yourself and house, which seemed imminent,
you Did wha, no one of inferior position credit
could have done, raised 'mmouse sums Of money upon
paper which you forged, the sepunenes Of which no
one doubted simply because you presented IT, II was
the every day story varying only from other stories in
the magnitude Of the orreos and the greatness of your
fail and you gave shock "a credit and 20 confidence
from which the busnoss iptcrcss OF the city did not
reStiis recover Your friends and those who AK for
you the mercy or tho Court you aborng under
= mania But every man whose personal sympsthes do
not 10 extent warp his Judgment, knows that IL
Was no other mania than that which eezes on every
WHO commits crime in order 60 syort personal
calamity Which lac cannot endure 20 meet. IT. sitting
hefe ss Judge, should mitigate your pnnishmcri
for any Of the reasons assigned, ~ because hearts
are aching AMI famiing, cs because " my own per-
snnal syinra'l..ss with those who mourn Tor you,
shouic feel that every sentence had pased upon nrst
offender lad been wrong and that rras indeed "re
spcctor OF perscrsr " ry duty 10 - administer the
Law that m may feel and knew shNi ncns are he
ynrd either its protection or ~ power II aay well ~,
claimed by yorr rsnds, that yon perr..sd "
r. roe You would be able " sdesfn yo.r reyat>
tior ana re-eisblish yoT position. bat u iLis coart
should yisld 70 tir sp..scs1on, would be an Ollie ~
declaration tbsi " inf uence and station could
ole nd against the laws without the fear q punishment
Pubic Interests and necessites demand that the penal
ties 81 violated 'nv snould he visited upon the
offender by wsy Of example we'll ~ Of Punishment.
II you had been ,nt upon trial upon all the ndicf
ments brought asnst yon, tho term u your inprson.
ment would have extended through the greater part Of
Lar