The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-07-01

The Prisoner Brought Into Court on a
Habeas Corpus.
Notion to Discharge on Defective
Indictment.
ARGUMENT OF COUNSEL.

ARGUMENT OF COUNSEL.
The Edgar B. Ketcnum forgery case, which created
10 great an excitement some three years ago, has
again sprung into notorieiy which bids fair to make
H. 20 far as the ruling OF the Court before whom 1t s
now brought one Of the casus cesores in legal con-
Eoversies The defendant, Ketchum, was sentenc ed
on an Indictment charging him with forgery In the
nrst degree In uttering and publishing forged gold
checks all the circumstances Of which are yet fresh
IN the minds Of the readers of the HERALD. Kechum,
when arraigned for trial. pleaded guilty to forgery
IN the third Degree which plea the District Attorney
accepted.
The case now, after the expiration Of three years
ana six months, Is brought up on writ OF habeas
corpus and certiorar the ground Of effectiveness
In the Indictment.
The court room was crowded soon after its OPEN
Ing, the rum0r having gone abroad that the Ketchum
ease was to be argued before Judge Barnard, and
that the prisoner himself would DO present Judge
Bedford occupied seat ON the bench beside
Judge Barnard. There was large number Of the
legal profession present, among whom, occupying
seats close to the District Attorney Garvin were
Assistant District Attorneys Hutchings and Tweed
D The prisoner was accompanied by his father, and
near him sat Mr. George opdyke and number Of
hie personal friends.
Return having been made to the writ and the
course Of proceeding ordered by the Court,
District Attorney Garvin, in opposition to the petit
sion, proceeded to address the Court
Judge Garvin said:-May 1t please your Honor,
the petitioner In TINS case, Edgar B. Ketchum, was
indleted with having the "a day Of August 1866,
by force OF arms, &C., In the county and State Of
New York, fei0niousy. falsely and knowingly uttered
and Published with intent to injure and defraud,
the president cashier and directors Of the National
Bank Of this city, certain false, fraudulent and
terfeit papers, part written and part printed com.
monty called gold checks, some sixty In number, &c.
Judge Garvin read In full from the indictments the
charges az there enumerated In legal phrase origi-
naly found against the accused, and proceeded
This, your Honor is aware, ID the common order
and form Of an indictment for forgery, and on
ana about the legal technical correctness of which
there can be no manner Of doubt whatever. And
besides as to its bearing this as here pre-
has no sort OF consequence or importance here /,
however, insist that the indictments Ia good indlct
Ment insist that no Judge sitting at Chambers or
Special Term, or elsewhere, has right, on haDeas
corpus OF certiorari to bring man from State
prison ana from the execution OF punishment
10 which he has been duly sentenced and when that
sentence has gone into execution and discharge him
from from custody ., And also undertake TO say that
or IN this city in case where judgment had gone
INTO execution, except in those cases specially pro
ever been attempted to be done was IN case where
man was brought out Of the Penitentiary after
iudgment had been pronounced ANA the party had
that judgment. Beyond this one case 1t never
was done or attempted to be done in this
and besides there Is no provision OF law which
authorizes any such proceeding before any judge.
And, say further, that no body acting as o court
can bring man from State prison after Judgment
and sentence has been entered upon do not REFER
special statute. One. in which man may be brought
from the state Prison on charge Of an offence COM
6s State "a at ' HubSrn o. re
murdered q fellow convict. In such case as that
man may be indicted and tried and brought from
purpose Of being tried under that special
statute. Another case, where man may be
man becomes insane. In that case the statute pro-
vsdea that such man can be brought from state
prison, and by order OF competent court conveyed
But one other case has been specially provided for
BY statute. That is where conviction has taken
place In Special Sessions, special act has en-
acted to enable the party within ten days after con-
ycton to apply for to be granted and to De liber-
Judge Barnard-In a case where man may have
been found guilty and sentenced for the crime OF
petty larceny can he be legally convicted Of man.
District Attorney Garvin-i am not, your Honor,
Th9 Court-it is the case, nevertheless.
District Attorney am now talking in q case
where man Ii sentenced for the crime Of forgery,
who has undergone execution of sentence, the whole
term Of which expires In one year from to-day.
That Is the case am talking about, A case In
the indictment was defective; no pretence made BY
the counsel, as able and eminent lawyer as ever
Tried case that there was hinge or loop in 1t TO
hang doubt on, but who on the contrary, recon-
mended that his client, the prisoner here should
plead guilty toit. He did plead guilty. received SEN
the fun term Of that sentence within year from
thhyery day Now, the only question here, your Hon.
own confession for one Of the bodest forgeres ever
committed in this country forgery involving mil.
lions Of dollars-and consigned TO the State Prison,
get up, should be liberated By single judge on o
habeas corpus and certiorartthat is the only ques-
cannot be done and say further that there is not
einge scintia OF authority, law or justice for it. 1t
statute. The Instrument sets out with Che charge Of
atterng and pnbiishing-so 1t averred-kaow-
i fa g and forged paper. Three things are
gree First, what is forgery It Is forgery for one
to utter and publish an instrument knowing ii TO be
counterfeit, and made for the purpose OF cheating
and defrauding another. What now, are the facts
his nna false a be n
the bank with it and deposited il on the
Of money upon #: And i is also aSerred i
gold certificates TO be false, fraudulent and
counterfeit. Is not that forgerys WIN any man
In the light Of the nineteenth century say that
That ID not forgery The statute makes 1t a
forgery-the averInent makes 1t forgery; the pris
oncr admits That In this case he committed forgery
and he has gone from the court Of trial. and from the
day OF his sentence for such forgery he has taken and
occupied his seat within the walls of prison AZ q
seltcopiessed f0rRer. Let my friend on the other
side explain IL he can why or now II is not forgery
lie cannot; and here assert that 1t was most base
wicked, Wllfui and damnabe forgery, and everybody
In this community knows It.
Your Honor, this writ cannot be prosecuted |
here undertake to say that this writ cannot he pro-
secuted, and that Is ought 10 be set aside by YOUR
honor at this moment. Should you decide ofher
WISE then every law made, every question decided
on ths pont every statute ever passed. ought to be-
IA In