The New York herald., 1873-09-16

Mr Donohue mas formed no fixed opinion regard
ing that TIE evidence in the case thus far is in
sufficient to base sound opinion on.
JUDGE BARRETT
was called upon for an opinion OF the case but he
only heard few words about 1t and did not eX-
actly know what to ,'o think, the case to his mind
being very complicated one, which would require
a deal OF time to explain or comprehend
Mr. Beach and Mr. Hackett were called on in
any interest in the case they were prepared to
give their opinions-in TACT, they had none regard
DISTRICT ATTORNEY ALIENS OPINION.
District Attorney Allen was met by the Herald
sion. After the usual sau;ations and the indis-
pensa0le remarks about that everlasting tonic, the
weather. the reporter asked Mr.. Allen Tor MS
opinion regarding the Kelsey case. Mr.. Allen sald
he had given the case some little attention, and
Wa', IN iact Interested in 1t. In answer 70 the
query.
"po you think the remains found In Oyster Bay
are those of Kelsey?"
Certainly do. There is no doubt In my mind
but that those legs belong TO Kelsey and that ne
was murdered"
''On what ground do You base that belief, Mr..
''On the facts In the case, rather on the facts
as far as know them. 1 know nothing of It ex-
cept what read OF in the papers, and on this IN
10. nation base my belief That the man was mur-
dered. In the first place the man was, acccrding
after that night on which the outrage was COM
mltted he was never seen or heard Of OF , ny his
friends and secondly, we nave the remains lOuuu
in the bay on which the chap identified, was
found"
gether with the body"
ayes. th.t could have been done. but 1t Is highly
improbabe the whole chain OF evidence from the
finding of the SHIRT and boots Is very well con-
nected and never could have been done so sys-
tematicay as tney have developed. The elements
work certain results, and the accomplishment of
the work takes time. NOwthc dscolorng OF that
chain and the collection OF igreen slime upon
elements and time"
You know, Mr.. Allen, that the pants and draw
ers on the remains have not been identified. Both
William and Henry Kelsey were careful TO say that
the pants such as their brother usually wore,
but they could not swear to them The reason
they thought the pants belonged TO Kelsey was
because they fitted the legs tight Now, II the legs
the pants originally loose, the swelling OF the flesh
would have given that appearance of tightness."
'Now you are trying to make twelve IN men oat 20 OF
termine. 1t remains with the Coroners Jury to say
whether they are satisfied that those are the re-
mains Of Kelsey from the proof lurnlshcd. III they
are atisfed no one can question the decislon."
/ A long and unimportant conversation here en-.
sued regarding Mr.. Aliens indiydgal opinion as to
whether Kelsey was ueau VI not. Mr. Allen ID firm
in the belief that Kelsey tarred and feathered
and then cruelty murdered and made away with,
Notwithstanding the testimony of Mrs. Gould and
| Mrs. Burt to the contrary. In the conversation
the reporter mentioned the coincidence about the
papers, and Mr. Allen said
''1he fact that mention was made OF the finding
OF the body, or rather, the suppositon that the
body would be found, proves TO me that there was
pie knew OF this their privacy was the only thing
that could insure the success OF the enterprise If
|
'The feet OF the body, the only part that could be
recognized-in connection with the boots found
ree oh already esabhed Would be compe
tent before jury ~
why certainly, do; the chain Is strong "a ana
are cases cited in the books where men have been
convicted the recognition OF articles belonging to
their supposed victims; pants button and even o
tooth have in some cases proven competent with
the jury" At this juncture Mr.. Allen grabbed the
library ladder and went rummagng alter the au-
thorties. In o few minutes he was ensconced
behind barrcade Of books iic broke the silence
S SAVING p'f Dr. is aAs s' S1 SoSnS
parkman's TeIlaiis wee found But an old
false tooth, which the dentist swore to as belong
case of Rulon of which you have undoubtedly
heard. From the facts in the case 1t appears that
So at ng s IN his and
heard OF afterwards. That same night Ruloa was
seen dragging heavy box down IRON his house
| to the bank OF a lake, where another witness saw
him picking up heavy stones and putting them
into the box. He took the box in boat with him
to the centre OF the lake and returned without 1t.
The lake was dredged but the box was never
found, and Rulon was convicted of murder; but no
Court revoked tho sentence as illegal. However,
RnloF met his just deserts in Binghamton short
Here the District Attorney stopped, and, taking
| up "Grcenleaf on Evidence handed it to the re-
porter, saying, "Read that case that l have
The reporter took the book and read the follow
ing note on conlessons:-
| CONCERNING CONFESSIONS or GUILT
of this character was the remarkable case of the two
Boorn7 convicted in the supreme Court Of Vermont IN
Bennington county IN sepienber term oi9 OF the mur
Ger Ger o. Ses @ 10 EoiH May NJ S m ~ ~ nspsr % vas
person OF weak and not perfectly ound mind that h.
was considered burdcnsome to the family of the prison
ers who obliged 70 support him. That on the day
IN questions belns IN distant ,sia Wnere te prisoners
eIe W.T. a. mo ~ a t IN ,i ~ ~ an M. ,h h.,
lax Of tbe head win n clnb which felied him 20 The
| earth Some suspicious rose at the time that he was
murdered, which were increased By the finding of his
hat in the same field few months later These sus-
pci9s IN course o. ,e s0sgu gr ~ 40 ~ b one U r
Wiz VIII gTaat % min oT circu,nstance both
in regard to his death and the conceal
ment OF his remains the prisoners were vehe-
menty accused and generally believed TO
be guilty OF murder Hmder srlI serc', @ 10
inc account OF uS heSor n r pn % M an " , ,
cear u in NC same field and in hollow smp not many
rods from e. were discovered nails and number of
bones believed to be those of man. Upon this eyi-
dence together with their deliberate confession ol t9
tact OF murder end eonceamens Of the BODY ~ those