The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-07-03
TnE KETCiIUN FORGERY CASE.
APPLICATION FOR DISCHARGE WITHDRAWN
.~--.,->--------~
XetoGug.l Dlscounten3Dces the
Proceedings.
Vie Voluntarily 1S@turns-
TO Prison.

the Supreme Court Special Term, and al the close OF
tire proceedings then Judge Barnard having an
nounoed that at eleven O'Clock yesterday ne wohia
sSvc ha decision in the babeas corpus case OF Ed
ward b. Ketehum, the Supreme Court room was
crowded by deeply interested audience. Neither
young Ketchum nor his father was present.
AS soon As Judge Barnard took his seat and quiet
wac restored IN the room he called the case OF
Eetchum.
Mr. sartlett rising and addressing the Court,
sa,d;-May it please your Honor, this Is a case
that involves a most important principle of consti-
Autional law desire that 1t should not only be de-
clded rightly, but decided in the fun light OF all the
judicial practices and experiences that can be
brought 20 bear upon the question. The learned
District Attorney in his Closing arguments on the
previous day, raised some new points, which !
should like TO review, and should ike 10 nave an
opportunity afforded me during the course OF the
day to hama IN decisions Of the Court thereon II you
would allow your decision to stand over till to NOR
row. | had no opportunity when the matter was
previously before your Honor reply TO the District
Attorney on the points raised by hun. nave some
decisions 10 submit. have sent Tor tue books and
they VIII be here IN the course OF the day,
KETCHUM DIscoUNTEN ANCEs THE wHoLE PROCEEDING.
DistficJ Attorney Garvln rose TO reply, hut yielded
80 the request or
for edward B. Ketchum, the prisoner VINO proceeded
TO address the court. lie said:-lf the Court
please. II this matter of the return 10 the writ OF
habeas corpus, issued for the purpose OF producing
tue body OF Edward b, ketchum before the Court
decides upon the merits OF the return would IKE
TO make few e.nIrks And now az the outset 10
AVOID any peroeNuy to ny learned friend, whose
ingenious argument few days since before your
Honor, met not only with Tie APPRECIATION OF the
court, as ! understood II had, out also met with
the admiration OF the par, would mere state
that IN appearing now DO not appear for the
uncle wuO IL The petitioner Ia the case; nor 10
appear for the father, VINO Is the power behind the
throne in these proceedings, ana VINO moves
che whole machinery 1T these proceedings. But
appear for f. h. ketchuIi the prisoner, and the son
pI mn VINO is most Interested here. appear here
at the request OF the prisoner standing where he
would stand If he could stand here speaking Tor nm
as he would speak--only that he could speak with
some appealing force, earnestness and leelng-were
he free man 10 speak Tor himself. And what am
now here TO urge and entreat IN his name ana M
his benaI that the Court VIII ind upon that return
whether upon Its merits or Otherwise, thai IL should
be discharged ana mat he should consider these pro-
eeedngs final and look upon this application as
never made And perhaps this might and ought 10
be sufficient to meet the case; but, in moving TO
Quash these proceedings alter they have given So
much annoy ance and trouble to the Court, beg 80
gay a lew words In explanation of my course here.
Before making that eAp!ahaton however, have 20
quote in his behalf and according TO his instruc-
tons following IN the words OF tt letter addressed
by him 10 me, as nearly as CA recolect taem,
what M ketchutn hsell has written on the SUBJECT
He saws tha is satisfied with his sentence; that he
thinks his punishment just anu merited, aud that lie
does not want IL diminished III any way except 1t pe
. done Ia the way OF an executive pardon. lie says
that II the gates of his cell Can only be opened by
Iechnlcal o6ectous to the process by which he was
comInllted he prefers that they should remain
closed upon him to the eXpation OF the last moment
oil his sentence. And now. your Honor III Justice to
the petitioner and TO the father | would peg
70 call your Honors attention TO what Is cog
infant to all OF us-that the OLD gentleman,
Mr.. Ketchum, for more than four years has
given all The efforts OF his strong ana deter
mined mind TO this one obect-the release OF his
son; that he has brought all lathers zeal ana al
parents love TO the struggle, and exercised The
powerful influence he had at command TO obtain a
pardon for the son. Towards this purpose repub.
lean and democratic Governor nave been appealed
in turn TO. Each during the term OF his ONCE has
been served daily With petitions for pardon-petons
signed by ali the good the esteemed and the Just and
learned Of the land-by the Chief Justice of the Su
prene Court OF the United Sates-Oy all the Cabinet
Ministers OF either administration OF tue national
Observation and knowledge OF the various petit
tons that have been presented there Is scarcely
a name eminent Tor wealth station Ul
learning in the community that has not been signed
TO the petitions addressed to the Executive cemency
In the prisoners behalf And all IN Vain And now
four long, weary sorrOwfn years have gone by, and
the father thinks that his errng but repentan boy
has sufficiently punished and he yearns for ms
discharge ana ms return TO ms nome lie knows
that his health Is not str0ng he knows that espe.
caily IN the summer time lie IS subject 80 attacks Of
asthma and that his life last summer was III ieop-
ariy from an attack OF this disease Now, what led
10 THIS taxing out OF a writ OF hsbeas corpus? Two
years ago eminent legal counsel suggested 70 the
father that there were technical merits IN such
an application, and recommended that 1t be
made Old Mr.. Ketchum refused TO move
in she matter as advised, on the grouad
that tie people might not he satisfied should
two Yeas Of suffering and Of blasted hopes, were not
deemed sufficient by tue lather aud 1t Is only now,
when but small portion OF the punishment remains
20 be eXpated-nOw. when tue deadly summer
months winch bring The asthma, the secret cause
that occasions the asthma and when the life ms
son If again threatened-that without consua-
fiou with his friends, aud against the consent OI his
sou, the unfortunate prisoner, ne makes TINS spp
cation. Ana he only makes II nnder The dread feaf
That II the prison doors are not now opened for his
release those prison doors will Only be opened AT the
Irresistible nauuae OF death, when the body OF his
dead son shall Issue forth. Why refer to private
matter Ike this l. that the Court may not thlns
that this proceeding was introduced for the
nurnoso ot brtnOiu1 farce into court
Ia Show that this wac an earnest effort by the
iather without tue cooperation OF the son, but witt
an IUies ceuce on the part OF The son TO CRAFTY tht
laihCf 90 obtain the relief Of the Court under cir
cunstances he was led 10 believe he was entitled 4
relief 10 was effort OF parental love IN behalf o
au unfortunate chud. And now, your Honor, on be
hall OF my client, nave TO earnestly request tina
your Honor viii consider these proceedings a. j
They had never been Instituted, ana that you vii
make 5ucn return 10 the wrt As TO the Court MAJ
seem most just
Nr. Bartlett on benaif OF the petitioner the unc
OF the prisoner proceeded 10 address the Court II,
saudi am uuuer personal Obligations 10 the learned
gentleman VINO has just sat uOwn for bringing
before the Court ana before the community
cOnsldera IONS 50 ueepiy touching tie human
heart These conscientious were fully known &,
me before hut dd not ieeI at liberty 70 bring then
before inc attention 81 a court OF law because knew
they had no legal bearing On the case. came hert
Us iawyci 10 argue question Of law. But ever
then dt1 ieel While stood before your Hon0r, az
Honor the character Of the prisoner VINO would b'
benefited 80 ills instance lay tnis simple operation
Of an owe. controlling legal principle. ] did wish q,
cal the attention al your HOupr aud al the CON
n4unIty TO the circumstances under which hts erru
was committed. young man twenty Hour years 1
age hardly more than boy, who had accumulated
~ incredibly short space OF time two millions
dollars ~ bls own right al moment has brough
to his vision the prospective loss Of all his savings
Nl.h this prospect before hls ewes he labored
tor sixty days under tremendous excitement
IL was during this time lie committed IA,
error before which ne rad spent many sleepess night
as well as anXlOss DAYS, Aiter the fabric be b3C
reared had fallen and AS soon az he had time 10 re
nect the result OF hls early education, his mother
teaching, his ather's example came 10 Inn, ana II
saw tnat ne nad brought dlsgrdce upon tme-bo1
Ored name. The pangsof femOIse took possession
OF him, and he felt that from them he would glad
nv even 20 tie walls Of a state prison. lie would q
mat tlme have willingly pleaded guilty to an lndiC
uCnt Tor murder, so powerful ana allcOntrollln
were he accusations OF his conscience. He was 10
insane m MS intellect, but ne was IN state OF moi
bid oODscicnttous excitement lie was precisely !
a similar stale OF feeling ~ that winch possesse
the Ynihd Of that upright, able ana honest state'