The New York herald., 1873-09-16
Startling Theories Regarding the
Existence Of Charles G. Kelsey.
Legal and Medical Opinions on
the Case.
What Charles Donohue, District Attorney
Allen, Judge Barrett, Drs Sayre,
Draper, Peters and Hamilton
Think of the Remains
and Their Identification.

given birth TO one Stlll more tantallZng-"lS
Kelsey deads" The people OF Long Island hoot the
idea that ne still exists; but in the metropolis,
where every one is on the alert to 'drop pu.-up
Jobs the opinion that the poet of tar and feather
fame still lives has gained favor. To the circle of
important facts that surrounds the case there are
appended numerous tangents In the shape OF
Incidents and events which are truly interesting.
Their bearings are pro and CON- and there is not the
slightest doubt that they will be used weapons
of fassauit and defence by the belligerent lawyers
when the case goes into court To begin at the
beginning:-On the morning OF the 2eth of August
a certain New York daily came out with an article
in reference to the Kelsey case and its connection
with Long Island politics. The issues that were to
be worked out on tar were dilated upon
to some extent, ana the article wound up with
surmise that something very important would be
developed in the case shortly About ten hours
alter this paper was printed in New York body or
a part OF body was found in Oyster Bay harbor,
Long Island, by John Franklin and William Luo-
lam, two innocent oystermen, VINO at the time
were at work dredging for oysters Their testi'
mony, in connection with the name and character
they bear, leaves no doubt OF the fact that their
finding the remains was purely accidental; but
then comes
QUESTION, As YET UNs0LvED,
Or even alluded 10 in the evidence, "How came
they tieres' There is proof that Kelsey was
tarred and leatered, but that he was put into the
bay is mere suspicion, unstrengthened by testl.
meny. To return again TO the memora-
BILE Friday, August 60 Every Friday morn
ing the people OF Huntington have their
dainty morsel of gossip and local news
served up by the Buyletirs small pale er devoted
to the interests of the little town. On the Friday
morning in question no paper was issued, and the
fact OF its non-appearance created much comment,
as all little things do in the quiet village III made
its appearance the next day, and had the story OF
the discovery OF the body OF Charles G. Kelsey In
Oyster Bay This looks rather serious; but when
the following explanation is made it loses some of
its stern aspect The type-setters, pressmen and
editor went TO Norwich to attend the Fat Mems
clan,bake the day before; and, consequently, the
paper was one day behind. Interested parties
tried to make grand point out OF this
little incident: but the explanation seems
to disarm suspicion. The defendants, in the
action for riot, and their immediate friends lay
great stress on these two newspaper articles, and
say that they establish beyond doubt that the
corpse found in the bay was deposited there by
designing persons who hoped to make political
capital out OF the revival of the question that con-
vulsed the town last January when the investga-
tiOn into the tarring and 1eatherng was being
prosecuted. That political capital Is being made
out of it cannot be gainsaid for the no-tar party
comprises nine-tenths of the whole population,
consequently only no-tar candidates VIII be elected.
As proof that this is the case and that the no-tar
ring-leaders arc trying to poison the public mind
against their opponents, the dastardly notice
about Tie 'lunera OF Legsn Is cited. The members
THE TAR PARTY
say that they know how they are regarded by the
public, and that as popular sentiment Is aroused
against them they are anxious TO have their side
OF the case carefully considered, and do not care
10 create additional trouble lor themselves by ap-
bearing in public scofers at the honest sorrow
of misguided relatives They are anxious to re-
heve themselves from the stain that has been at
tached to their names, and consequently they
would not blacken themselves by posting the dis
gusting notice. before spoken OF, on the streets OF
village where every man is against them. sew.
era OF the parties who identified in the tarring
and feathering, Or who saw it. told the HERALD
reporter that they had decided to say nothing about
the snotce" preierrng to leave it to the pubic to
decide whether in their situation, 1t ema-
pated from them or not. Some OF the
tar people go further, and say with
Knowing mods, "We know who wrote that notice,
and so will you VIII en the trial comes on at River.
head" 1t is rather range that only few OF the
Huntington people knew OF this 'notice" until it
was published in the HERALD
- THIS KELSEY?
Mr.. Hurd, who has acknowledged that he sew the
tarrng and Gathering swears 10 lacts about how
the tar was put on That have had deal OF weight
with the public. He has sworn-and he had no
object iii swearing falsely-that al the tar that he
saw applied on the night OF November the 4th was
put on Keiseys shouldeis arms ond cnest, ana
that none at all was applied TO the lower eNtremi.
ties. The legs found had u coat OF tar Agaln Mr..
Hurd says he does not believe it was tar that was
applied, for the reason that his hands came
IN cGn%S' SS tSe WtA s q % man. &6eO a6a they nsS
been panied lie rubbed his hands in the grass
and they BECAME clgap. The tar found on the BODY
recovered was hard, thick tar, that could not have
rubbed OF without great difficulty. on the first
examination into the riot, be ore Justice Moniort,
one of the Kelsey brothers deposed that Charles
came home and left his watch and a shirt in his
room. TEe Kelsey homestead is about three
quarters of mile irom The scene OF the tarring,
been lie could never have made the distance.
Before the Coroner, on the Investigation now
pending this evidence is slightly altered, Tor the
but that Some one came into the house and
went TO Charles room; iney say no one one was was
about their brother having gone out TO wash hlm-
self fabrication, for which they are not respon-
sibe. one OF the friends OF the family has sad -tls
not in evidence--that William Kelsey told him, q iew
days before the finding OF the body that some thing
important would soon be heard from Charlie
These little points might or MIGHT not have effect
with court Jury and are given here for what they
are Worth something more PGsWVe W w yeys ps ioand and
doctors regarding the remains. and the proba-
bility ofther identity being complete:
WHAT THE LAWYERS THINK.
In view OF the facts just given, o HERALD
reporter set about getting the opinions OF some OF
New YorE's ablest criminal lawyers on the case
Mr.. Charles Donohue was first met, and the writer
accepted an invitation from that gentleman TO go
to his Office, where the matter was talked over
At first Mr.. Donohue seemed anxious to say
nothing OF the case except In It's legal phase; bnt
nnally ne thawed from his legal crspness and
talked OF the case as 1t appeared to him, and what
its consequence might DC. In reference to the
genuineness OF the identity the reporter asked:-
CHARLES DoNoHUEs OPINION.
''D0 You think that the Identity OF the parts
found is complete or suf1cientY Yo
Mr.. DoNOHUE.-That Is a question for the Co ro-
ner's Jury TO decdo in TACT, that is what they
are there for. 1t remains with them to say whether
these are the remains OF Kelsey or not. Should
they decide ahirmatively that point Is settled and
the action for murder, II any parties be Indicted
Is commenced In the courts 1t being accepted that
Kelsey has been murdered. 1t then devoves on the
defence to prove that the man Is alive, that he
died and was buried since the time OF the out