The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-07-03

70 all the penalty OF the law; that know myself
Hut the learned gentleman who nas spoken lOr l.e
prisoner must understand tae aw wen en n, W.
Oh technical grounds Is entirely spernous as tnere
can really be no release on technical grounds I'M
BrsanmeBt under sentence on criminal charge rue
wish al the prsOuer IN tins case mas no appropriate
bearing on the decision OF tile Court MS irlelus
ask the decision OF The Court on an lhe quesblu.s ~
VolveauCf ouly for LIS SAKE but as 1t concerns the
interest of every man aud woman aud chlld now nv
ug aud an the unborn millions who are to
occupy the territories OF tue republic 10
have the question judlciay settled. That
ouestlOu as Il ~ here presented Is whether a
man can be immured Ia State prison for an offence
OF winch ne has not been even accused. II tue
writing OF the sentence against kelchum on the
record book OF the Court OF Sessions consgns MIN
20 sing sing, then the writing OF sentence Tor Inc
crime Of murder can conslgn ne-can conslgn your
Honor ana every man IN the communty-to execn-
ton can see that the point raised here mas beeh
coed here Il technical objection To the Indictment
This Is not 90 We have discussed no indictment
There Is no indictment In que 'tion, and no preee,
Gent Is brought here bearing upon one-nothihg Oh
the KIND. The question, pure and NAKED, h whetDef
sentence passed without Indictment ana
without process can consign man 10 the
pennentiary whether he really wants 70
20 there or not. do not care what the
feelings Of the prisoner are. | know his feelings,
and am satisfied that II only one human being
within the State OF New York desired hm to return
TO his cell and imiRure himself there TIL :he last
moment OF bis sentence should have expired, so
scrupulous Is his conscience taat he would 60 But
there are others Interested IN hiin-men Ol cooler
neaaS lie mas gu aDe l.ttHeT anu lUic
around him, and they desire to furnish hin with the
opportunity for which his own heart lonss-the OPP
portunity to redeem the long honored name anu
fame OF his family, which he, IN moment oil lnlufi-
ated excitement violated. They desire 20 restore
hun to the community While he Is IN the possession
OF all his faculties. But this Is foreign to The matter,
lie would close by saying that late last night ne mad
received a telegram rom Mr.. ketcnuin which did
not entirely agree with the purpose avowed Tor
him by Mr.. Phelps. lie did not al all suppose that
Mr. Phelps had misstated his authority, nut ne
did suppose that this despatch arose from the
vaclllation OF mind caused by his renewed
morbidy CONSCIENTIOUS excitement. He had only
seen Edward b. Ketchum once, on that very morn
ing, for lew moments, and he asked ulle 10 con-
suit with him.
Judge Barnard said that under ordinary circum-
stances he should have little hesitation ID granting
snch an adjournment, but The WIFI OF haoe45 corpus
a personal writ, one 10 be pursued py Inc
prisoner or by those aclmg on his behalf, and he,
being man or ful age and sound mind, had,
through his authorized agent repudiated the pro-
ceedngs and stated that he had no desire 10 DC re-
leased he should dismiss the writ and remand the
prisoner.
Mr. Bartlett urged that he asked this delay partly
to ascertain whether that was the decision Oh ms
sound mind, and 10 bring the father ana son race 10
face TO see what his real desire was.
District Attorney tarYin SAID he mad said nothing
Ia reply till now He had no personal feeling against
the prisoner He had never seen him, unless pos.
sbly in court on Wednesday; for the interest Of
justice he insisted that the prisoner should be re-
turned to prison.
Mr. Phelps joined in resisting any further ADJOURN
ment. The case OF Mr.. ketehum had been brought
by this proceeding opt Of its Ballorgotten state into
great notoriety through the press. Ii had been
already before the Court two days, eaCn Jay dong
him great harm, ana third day Wouiu Auu 10 tue
harm.
Judge Barnard thereupon after saying that he he;i
prepared an oplniun tue case but that under the
changed circumstances II was unnecessary 10 an
mauded the prisoner, bat, on Mr.. Bartietrs suggeS
tlon without prejudice to any future application.