The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-09-24
A COLLAPSE OF THE PROSECUTION.
Forester Discharged as to the Nathan Murder
and Retained in Custody on q Re-
QUESTION from Illinois.
The Moral Certainties of Superintendent
Kelso and District Attorney Garvin.
HABEAs CORPUS PRACTICE AGAIN.

Eleven O'Clock yesterday morning was the hour
liked upon for resuming the examination OF the
alleged Nathan murderer, william Forester, but
greatly to the surprise Of many the prisoner in
cluded, the proceedings were abruptly terminated
by the prosecution abandoning the case COM
pletey. There was much larger attendance OF
spectators than on the previous occasions although
the commodiOus hall OF the Special Sessions
Court, In which the proceedings were conducted
was by no means crowded. Owing to the
hardness of Judge Bowling and the District
Attorney in putting in an appearance 1t was
correctly surmised by many, especially the repre-
sentatlves OF the press, that all was not quite
as serene with the prosecution as 1t might be.
Sometime before the hour designated, the pris-
oner's counsel, Messrs. Howe Hummel entered
and took seats within the railing. After waiting a
considerable time Judge Garvln came in and was
shortly afterward followed by Judge Bowling.
Everything being in readiness Forester was
brought up from his cell by Captain Irving and Mr..
Farley and, on entering the court room, imme-
dlately proceeded to q seat between his counsel.
He was attired In the same gray suit worn by him
during the examination last Wednesday and still
had the patch Of court plaster under his left eye
He displayed no emotion or disquietude whatever
and conversed In his usual free and pleasant style
with Mr. Howe. There still seemed to be o
TAGGING OR HANGING BACK
on the part OF the authorities, but finally the
magistrate broke the silence. which was becoming
positively painful, by announcing his readiness to
proceed.
Mr. Howe-we are quite ready to go on with the
examination.
Judge Garvin here arose, and In an almost in
audible tone said IF Your Honor please in regard
to this case, whether 1t ought to be further con-
tinued Is question which, of course, cannot
decide. We have in our hands proofs by which the
death Of Mr.. Nathan can be fully established. That
that death was Dy violence we have no doubt. All
the surroundings 60 to establish the enormity Of
the crime, committed as It was in this community
nected with the enormity OF the Of
fence will, think, be fully admitted
which has been given by the woman, Miss Keenan,,
In regard to Identifying Forester as having been
In New York at that time. l am satisfied that
effect.
The public mind has been greatly excited with
80 be es y f3
author Of this terrible crime; but am inclined to
the opinion, and have been since heard the testi
mony, that taking all the links, one by one, which
can be brought to bear upon this prisoner, he was
In the city and was connected with the offence ;
but the technical facts connected with 1t fall far
short OF making out case against him. Hence
do not deem 1t necessary to 60 any further with
the case, and can only see that the prisoner
SHOULD BE DISCHARGED
and returned to Illinois, there to serve out his I'M
expired term az imprisonment. lfother testimony
brought here and the examination resumed.
These remarks OF the District Attorney, uttered
roster the veest for ne smed p per
ceptibly and seemed otherwise quite overjoyed.
Before he could speak to Mr., Howe, however, that
gentleman arose and addressed the Court stating
that the murder was one OF the most horrible de-
scription, but there was not the slightest
o inc to bring the crime home
right again to declare his entire innocence
Of the murder. He had doubtless committed
to him by some Of the newspapers. He did not
deny that he had escaped nom Illinois, but he did
%ude WITH regard to thy thy e. e Of q tine tine
to public criticism to giveit all the weight it de:
placed no reliance upon it, nor would any other
citizen 40 SO; and It was gratifying to the prisoner
fact against him. He must be satisfied with
THE ABRUPT TERMINATION
or the case; but had 1t succeeded he was prepared
to prove that he was not In this State at the time
OF the murder.
Judge Bowling said that on consultation with
the District Attorney he had concluded to adOpt
his suggestion, although he was morally certain
that the prisoner was in the city at the time the
murder was committed am satisfied, however,
he continued, that the testimony we have will not
bear crOss-examinaton, and in the absence of legal
proof feel myself bound to dismiss the complaint.
The prisoner must be remanded to the City Prison.
to await the requistion Of the Governor OF Illinois
and be returned to Joliet, to serve out the unex
prcd term Of his sentence, thirteen years. / be-
Ieve, however, the requisition is already in the
hands OF the police.
Addressing Captain Irving have the requi-
sitiOn have you nOt?'
"Not with me, sir; left 1t at headquarters"
"Then go for 1t Immediately"
Taking up his hat the Captain hurriedly quilted
the room, and reaching the street jumped into O
cab and was driven rapidly toward the Central
oflce. AS Irving went out Mr.. Howe was noticed
In earnest and rapid conversation with his partner
Mr.. Abe Humme, and In moment the latter gen.
tleman was hurrying toward the Supreme Court,
where Judge Leonard was holding Chambers, and
before Captain Irving could return from his once
with Governor Palmer's requisition'
WRIT OF HABEAS CORPUS
was served on Warden Finley requiring him to pro-
duce the body Of william Forester before Judge
Leonard next Friday morning, at eleven O'Clock.
The object OF this writ, the procuring and serv-
ing Of which In 30 short time took Captain Irving
completely by SURPRISE Is to give Mr. Howe
an opportunity OF examining the requisition OF the
Governor OF Illinois with view to detecting any
Irregularities 1t may contain. Should 1t be found
TO be in the least irregular, as Is often the case
Judge Leonard will doubtless order Forrester's
discharge from custody on the ground claimed
by his counsel that he is held without complaint
or warrant OF authority.
What Judge Garvin Says.