The New York herald., 1872-09-15
FOR r E s TE R.
The Alleged Nathan Murderer Before
Judge Leonard, Of the Supreme Court.
Proceedings Upon the Writ Of Habsss csrpus-
The Writ Dismissed Pending forrsstsr's Com
Ing Examination at the rombs-Anothsr
Writ Then 70 Be Applied For.

The Writ Dismissed Pending Yorrsstsr's Con-
ing Examination at the rombs-Anoshsr
Writ Then 70 Bs Applied For.
II having become noised about, a. such mattern
somehow nearly always do, that Forester, tho
alleged Nathan murderer, would be brought yester-
day morning before Judge Leonard, ho'ding
Supreme Court, Chambers, q large and curiousiy
eager crowd thronged the court room anxious 10
get glimpse at the present criminal lion OF the
city. as he certainly now is Stokes. Foster ana
other noted offenders at present nlline the city
Prison having for the nonce 70 stand In
the background. The crowd did not have 10 wait
long toehave its curiosity satisfied. Punctuaily &c
halfpast ten O'Clock the appointed hour, Forester,
under the custodianship OF Captain irving and
Detective Farley was brought into the cours rooms
His wrists were encased In pair OF iron bracelets,
but he did not seem to heed these, but with hght
and agile steps advanced to seat on one side OK
the room. He wore the same dress as ON
his appearance on Wednesday last at the Tomos
Police Court, and showed seeming indlnerence
to the proceedings His counsel Mr. William y.
Howe, chatted with him moment or two aner no
had taken his seat, but their conversation ap-
peared to be more as an interchange OF irienoy
courtesies than anything else. Mr.. District Attor-
ney Garvin was promptly on hand to enact his pare
in the programme Meantime he danged his eye
glasses while his eyes were directed To the celng.
as II seeking to gather some sort OF inspiration
from their blank whteness. Judge Leonard sat for
few moments busly engaged signing ORDERS pue
soon finished this part OF his work and announced
his readiness to proceed with the case OF Forrester.
OPENING REMARKS BY MR.. HOWE
Upon this announcement Mr.. Howe rose to his
feet and with that bland suavity characteristic OF
him. bowed to the Court and then proceeded 10
speak as follows:- is a writ of habeas corpus
directed to the superintendent OF Police requiring
him to produce before Your Honor the body OF one
william Forester. At the time this writ was sued
out the relator was in the custody Of the supern-
tendent OF Police upon charge the exact nature
of which we did not accurately know, although we
have pretty good ntimation as to what the nature
Is. On the very day the writ was sued out when
this reator was in custody without any process OF
law at all. he was brought before Justice Bowling,
at the request OF the District Attorney now pre-
sent, and there formal charge Of murder In the
first degree was entered against him, charging him
with the
MURDER OF MR.. BENJAMIN NATHAN,
in this city, in the month OF July, believe, 1870
The District and the age ses sse a
Your Honor must see that as to this murder-and
very dreadful one 1t was executed, no doubt, oy
skul burglars, who, being detected In their neia-
rious designs, In order to escape, committed TINS
horrid inatiOn-the police and District At.
torney and all the authorities must certainly at
this stage, after the lapse OF two years, be in pos
session Of all the evidence they ever can Obtain on
the subject The learned District Attorney informs
Wednesday next. OF course II that course be pur-
sued, and the examination is proceeded with, 1t 1s
ceeded with he desires to avail himself Of this writ
Of habeas corpus and ask that he be discharged
nc Has gem rarnATIo ATIo AND SOLEMN DENIAL
OF the accusation and is, as am informed by MIN,
abundanty able to prove his entire Innocence IN
Commission Of the murder It is perfectly fair and
conducive to the interests OF Justice to ask that
which time we hope the District Attorney will have
| concluded the examination. II, as am instructed
eVdenoe .9s ca be- against him. we
propose to come before your Honor ana ASK Iof nis
discharge We simply desire TO },eO eOld tn's su ~
WHAT THE DISTRICT ATTORNEY HAS TO SAY.
Mr. Garvin-An have to say in regard to this
somebody. The circumstances surrounding this
prisoner indicate to us pretty distinctly tnat ne
IN the city Of New ts a.
| place witnesses have scattered. Some nave gone
one way, some another. It Is very possible on
Wednesday next the day which the magistrate nas
| witnesses making out link or links In =.
| THE CHAIN OF EVIDENCE
may be wanting they may be all here. 1t Is i'm
ks' have been connected with this murder have been,
other offences. One man that is supposed to be
implicated In this transaction has gone across the
water, and our best information Is that ne is IN
! Philadelphia, and Your Honor will see that the
INTERESTS OF PUBLIC JUSTICE
require that there should be not only thorough
preparation in regard to this case but thorough
sitting Of all the facts and all the circumstances.
Bringing back to mind everything that transpired
| THAT BLOODY NIGHT
| on which this man lost his life which sent him
to eternity, and the suspicious that connect the
| y,rIcn nar,o no w m n n mi
nenty proper Your Honor should discharge this writ,
recomInit this prisoner and let justice take its
let him be executed after due trial and conviction.
and the ordinary course be pursued In references
cases Of this description Ws 90 not o, desire TO-
with this examination and have tpis man bfodsht
| out There are reasons which surround this case
| why this man should not be brought out any
necessary for to detail such reasons here. Your
Honor can imagine what they are A man 80 dan
precaution to keep possession Of We do not
want to take him through the public streets any
with great propriety that this writ should be dis
charged. II Justice IN this case Is retarded It is
right here to-day, and, if necessary, another writ
WHAT MR. HOWE Is WILLING TO DO
Mr.. Howe-The only objection Is this IL can see
the force of the District Attorneys remarks as to
the impropriety OF producing Forester from time
to time in Court, taking him out Of the custody
in which he now is. l consent here publicly that
the writ shall be heard in the absence of the pris-
oner-that is, l will waive the production OF his
body but his right to this writ cannot waive.
JUDGE LEONARD ON THE CASE.
Judge Leonardo do not understand the District
Attorney to ask you to do that He only asks that
there shall be no such process continuing When
this writ was granted all knew about 1t was whatI
saw in the papers. l was
COMPELLED TO GRANT THE WRIT
or incur the penalties. see by the papers that he
is under conviction for a crime In Illinois, and 1t is
evident that his associates are Of that class that
would not be likely to have permanent residences.
WHY THE WRIT WAS APPLIED FOR.
Mr.. Howe-Our object In suing out this writ, as,
Your Honor must have perceived, Is simply to force
the prosecuting authorities to speedy examina-
tion, such as the constitution law and justice afford
this prisoner. In order that there may not be any
misapprehensiOn, no mistake about It, II Your Honor
will endorse the writ that 1t be dismissed with
| 70