The New York herald., 1870-09-28
THE NATHAN MURDER.
Discharge Of the Self.Accused
Confederate.
Affidavit of Detective Farley-statement Of
Francis J. Kipling-Denial Of Having
any Knowledge Of the Murder.

The young man. Francis James Kipling who was
arrested at Pottstown. Pa, the 23d inst, ON his
own confession OF being implicated In the murder
OF Mr. Benjamin Nathan. was yesterday afternoon
brought up for examination before Judge D0wlipg,
at the Tombs Police Court. He was In the charge OF
detective Philip Farley. IT was impossible Tor any
observer to look at this youth without perceiving
that he did not possess the ordinary
INDICATIONS OF VICE
much less the ferOcity that must have aided or been
displayed In the perpetratl0n OF tins terrible crime
Before the proceedings were opened Judge Dow
ling ntimated that he should like to have some idea
OF the charge upon which the accused had been
arrested SO as to form some reliable basis for the
prosecution. AT this suggestion detective Philip
Farley make the following atndavit, which he signed
in the presence OF the Judge and the counsel IN
COURT
1L PHILIP FARLEY,
an oncer OF the police detective force In this city,
received y telegram In connection with this matter
ON the I'D day OF September last from George II.
Holman, Schuyikii Haven, in the State OF Pennsy-
Vanla, az fOll0wS:-'C0me on Immediately; have
the pen. and the man Is sure Ia consequence OF
this and acting under Instructions from Su-
Psas O Fa a nay m
arrival there i was mel BY Hoffman,, who
afterwards introduced me TO gentleman by the
name Of +. Epting, keeper VI hotel therein. TINS
gentleman informed me that he knew all about the
person, who said that nc present at the time or
the murder. The said Eptng refused to give the
necessary information until alter he had other
parties. On the next day saw Eptlng again. also
man named James Leyelle. The said Eptlng and
Levelle both informed me that Francis j. kipling ar
rived at Schuykill Haven on the 18th OF August last
anc asked al the hotel for board and lodging and
that kipling the accused had Informed Epting that
he was within iour feet OF Mr. Nathan at the place
and time when the ~
FATAL BLOW WAS STRUCK;
that he had seen the dog before In the hands OF
the parties who had committed the murder, and
that certain parties did NOT DO the right thing oy
him that he would 60 and blow on themi More
over that his Kiplings valise had been opened and
lound to contain certain wearing apparel-a coat
had marks OF blood upon them; that KIpling ex-
pressed fears OF being arrested by the police
S as sy With Vi New 9H that named a aas
proceeded to Limerick on the Reading Rail-
road, and from thence crossed over to the foot
Pottstown for the purpose Of meeting the man said
to be Kpling. Here arrested him. Kipling is now
Ree and to come TO New
the following Monday morning by the
first train and bring with them the
they found in the valse ana any other evidence they
could find in reference to the matter. Last even
to-day and appear before Justice bowling but up to
this time the said parties have not appeared In pur-
suance OF the telegram and instruction gwen"
There was numerous crowd present during the
proceedings, among whom were the father, two
UrOtucIS duQ blStcT VI Iue dCCuStu FOWlcr ap-
peared for the accused and the District Attorney for
the prosecution.
Count Joannes was present, and appeared, for
some inoccut reason to take the same watchful in.
terest I'm the present he did during the ex-
aminations before Coroner Rollins, and on his stating
yesterday that he should like to ask the accused
Iew question ne was Informed that as he had moth.
Ing whatever to do with the case his questions
would not be allowed or replied to.
Alter the above affidavit had been read over Judge
bowling addressed the accused, and stated that If
he chose he was at liberty TO make any statement or
answer any questions that were put 10 him.
BUT HE WARNED HIM
tlat any statement he made would be written down
by those present and he informed him for his own
SAKE that he was at liberty to refuse to make any
statement or answer any questions. That must re-
Mr.. FowLER-we are desirous of having the fullest
possible investigation into this matter. The friends
of the accused are all deeply panied ut the position
THIS FOOLISH BOY
has placed them in. and necessary have witnesses
here who can prove that on the night of the murder
and on the following morning he did not leave his
fathers house at Roselle New Jersey.
The accused, being sworn. now intlmated that he
wished to make q statement, and after giving his
age twenty-two years. and his business as that OF
lapdary he said:-A have to say Is that only told
nothing about the murder OF Mr.. Nathan except
what read. What they said about my clothes being
bloody | am sure IS not So never told Mr.. Eptmg
was within four feet Of Mr. Nathan when the fatal
blow was struck.
1 NEVER SAW MIR. NATHAN.
2Sth OF July. know tnat by what l have read and
what has been told me by my folks since my arrest.
was at Rosee on the night OF the 2Sth OF July dur
ing the month OF July and the early part Of August
last. was at my fathers house. ROselle on that
night; also my brothers, Arthur, Richard and Ernest
and two servants, who now in court, were In the
house. Ny father and mother were at MOque
Never saw the .'dogr spoken OF in connection with
this murder. Never told any one that l saw 1t.
Never said that "f certain parties would not 90 the
right thing by me / would blow on them.n Never
expressed any Tears about being arrested by the
police OF The city Of New York. Have TO knowledge
OF any kind or description as TO the murder OF Mir.
BENJAMIN Nathan.
Tie Judge ordered this testimony to be read over
to the accused, who afterwards signed it, after
which he was discharged. No one in court believed
Tor moment that this crackbrained young man
Knew anything whatever concerning the murder,
and the fact that having in view participation In
the rewards, neither the witnesses upon whose as
sertons the arrest was made the blood stained
garments, OF which so much was said, were pro-
duced, places the whole matter beyond doubt as to
his innocence and leads to the conclusion that Judge
bowling could do nothing else than discharge him.
1t Is scarcely possible to attach any blame to the
police, as they are doubtless very eager to bring the
perpetrator OF this foul murder to justice and as
anxious 10 receive the reward but 1t would be wise
to make more full and detailed inquiries before MAX
ing arrests and placing whole families in position
OF anxiety such as the present investigation has In
volved.