New-York tribune., 1872-09-24
LOCAL NEWS.
THE FORESTER CASE ENDED.
FAILURE OF THE PROSECUTION TO SUSTAIN TIL
CHARGES.

THE FORESTER CASE ENDED.
FAuuRR OF THE PROSECUTION TO SUSTAIN THE
CHARGES
William Forester, who was accused OF the
murder Of BENJAMIN Nathan June, 1870 was brought
up for examination at the Tombs yesterday, before
Justice Dowlng. Extraordinary precautions were
taken by the court officers and the police on duty 10
allow only haying legitimate business In court TO
gain admission. The audience was consequently very
small. Among those present In the courtroom was
George Kelsey resident of Glendale Long Island who
was prepared to testify that the morning after the
Nathan murder he met man In Washington Park who
greatly resembed Forester. The man was intensely
excited and his shirtront covered with blood as
was also the cuff Of his right shirtseeve which hung
down below his coatsleeve Mr.. Kelsey informed Capt
Hedden OF the Thirteenth Precinct on August TO- loIO
what he had seen, his description OF the man cor
responded the police thought with that afterward given
by Miss keenan, of the whom she had seen In front
of the Nathan mansion. Mr.. Kelsey was taken to the
Tombs Prison. on Saturday last to Forester The
prisoner has greatly during the past two years
Then he was a robust and fufaced man; now ne Is
comparatively thin. Mr. Kelsey declared that he coud
not positively identify the the who had hed
through Washington Park two years previous
The people were represented. yesterday by District
Attorney Garvn and Counselor Howe appeared Tor the
prisoner When the Judge took his seat on the bench
and declared that he ready to on with the case
Mr. Garyn low and scarcely audible voice. addressed
the Court the effect far could be gathered tna
there was no doubt that Mr. Nathan was murdered ana
that the prosecution had the evidence OF Mrs Keenan,
an intelligent and credible witness, who testneu tnh
she saw Forester outside Mr. Nathans house on the
evening preceding the murder. STILL while moraHy coh
WINGED that Forester was the city at the time OF the
murder he was sorry TO say that the evidence was 80
incomplete that in the the would be dismissed
and therefore he would counsel his Honor 10 DISMISS 'no
case The prisoner would be sent DacA 10 ILLINOIS, "
| he owes the State a term Of - years OF lmPrison
and IL in the future, as he hoped suncen -.
could be adduced TO show the prisoners conneoton VIZ
the Nathan murder, 1t would DC easy W n''' ~
| for trial on that charge ~ 81.
Mr. Howe said that though Forester during his
career had committed many crimes DO was 81,
| this one He could and would II necessary pio'0 ~
clients innocence and only wanted an bs Clients
would Ss S but as the case had abandoned ne was
compelled 70 s Tss ceat ought really entirely e1cu
pated, especially as Judge dAr'i" 'iu "0' "-'- "
ng Judge bowling said upon consultation with the ,Pt P
that though be was nSTa % fsI as nse o
cruelty san and although there was evidence Oh Tue pr
oners guilt, which, unfortunately would not Dear ear
cution should be abandoned. He would, however com
init Forester 10 prison. TO await requlslOn lroi tne
Governor OF Illinois which he understood was now In
the city, FORESTER would be to that State TO
serve the remainder Of his unexpred term OF 10 years
Justice Bowling had sooner dismissed the com
plant against Forester than the accused was made
nTsoner by Capt Irving acting under the authority OF
n reduiston issued two years ago by Gov Palmer OF
Illinois Forester taken back into the prison, ana
had remained there only few moments when Capt.
Irving ordered carriage with the intention OF at once
sending the prisoner by the first train out OF the ey 70
JoiIet IN under the care OF OF his officers. AS
Forester stepping into the carriage, Capt irving
was served with writ Of habeas corpus returnaDe be-
fore the Supreme Court Friday morning. The writ
had been granted by Judge Leonard on petition setting
forth that prisoner held without authority Ihe
prisoner was accordingly taken back TO the TomDs.
There is little doubt that ample authority Will be pro
duced before the Supreme Court on Friday morning. 10
hold the prisoner and compel his surrender to the
Sheriff Of Cook County Illinois, now in TINS city 1Or the
purpose taking HIM back to Joliet there tc serve out
Is years OF Imprisonment for burglary In Chicago