The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-09-11
THE KELSEY CASE.
YOUNG PRIME UNDER ARREST
Proceedings Of the Inves-
tigatiOn.

HUNTINGTON. l. l., Sept. 10. 1873.
Young Prime, who was arrested here on Tuesday
night, as have already written You, had the ad-
vantage Of the authorities fearfully huntington
ID not the seat OF the county, and the only jail tnat
could see was Squire Duryea's hotel, where your
correspondent also was confined. AS soon as
Prime left the Court Constable Trainor took MIN
to the hotel barroom, and In the course OF fifteen
minutes the prisoner was involved In the excite
| ments OF four handed game OF 'old sedge"
| Trainor was about all the WHILE OF course, and
| kept at least one eye on him. BY and by bedtime
| came and Prime was taken up stairs TO 'cen" in
the same corridor in which my room was located.
| and furnished similarly to the one i occupied.
| Here, however,
QUITE LITTLE BREEZE
| blew up as Tranor drew pair OF steel bracelets
from his coat pocket Prime swore few CON-
pound oaths and vowed he didn't mean to run
away. But 1t was of no avail. He undressed and
got into the he'd. and then the constable hand
cuiIed one wrist to the bedpost and locked the
door. This morning custodian and prisoner were
up early and the latter has been travelling around
loose all over the hotel yard, which, by the way,
has no fence to separate 1t from the street. and
comprises about two acres Of GROUND. But
Arthur Prime does not mean to run away.
II he wanted to do 1t there is no reason
why he could not succeed And unless am very
much mistaken in the young man he is not going
to "squeal," as 1t was generally believed on Tues
day evening he would do One OF the great objects
IN arresting him on the charge Of perjury was to
force him to tell all that he knows as to who were
the persons who outraged Kelsey,
THE GENERAL BELIEF
being that ne saw the whole drama Of nocturnal
diabOism and knows many, II not all, Of the persons
who participated in 1t. He with quiet almost
stolid reserve that looks like anything but the &C.
ton OF man who meant to peach.
His examination, which was set down for nine
O'Clock this morning, did not come at that hour,
but was postponed until two O'CLOCK in order to
secure the attendance OF certain persons whose
presence was deemed necessary. At that hour
there were present in the Court Justice Monfort,
Messrs Young and Patt, representing District
Attorney Tuthill John l.. Smith, counsel for the
prisoner, and the brothers of the deceased Kelsey,
with, perhaps, two dozen spectators.
The complaint was considered as read. and Mr..
| Smith asked to be shown the warrant alter read
ing which he stated that he was ready to proceed,
and demanded an examination.
HENRY F. KELSEY SWORN.
Mr.. Plat called Henry +. Kelsey, who, being
sworn, testified In answer to questions by Mr..
Platt-I am the complainant and am acquainted
with Arthur NJ. Prime, though not personally; /
was present at the inquest held at Oyster Bay ON
Tuesday.
Mr.. Smith said he supposed the best way ofprov-
ing that proceeding before the Coroner would be to
have the Coroner here himself l object to the
answer being taken. There n record Of that pro-
ceedng. In charge OF this kind for perjury 1t was
NJ Piatt said the allegation was not that the
perjury was committed at oyster Bay. 1t was that
the perjury was committed here last December in
an inquiry here. 1t was merely proved at Oyster
Bay.
Mr.. smith-wel, modify your question.
Mr.. Platt-l shan't modify the question
The Court sustained the question. Witness con-
tinued:-I was present when those proceedings
on the first not IN the
| saw the remains; Arthur NJ. Prime
was in the inquest court room yesterday,
when saw him, in the presence OF the Coroner and
jury; witnesses were being examined at the time ;
Arthur NJ. Prime was sworn as a witness; had not
that inquest as witness; heard Primes testi
mony there yesterdays he testified in regard to his
| Monfort, In Huntington, in December last; heard
| those questions and answers then and there read
O. What did he testify as to the truth or falsity
Of the answers given to those questions before
Mr.. Smith, object to the question.
Mr.. Platt continuing he said that he
had refused to answer those questions on the
ground that they might crminate himselff
Mr.. SMITH object, on the ground that what
ever the witness testified to would not hx the
corroboratiye testimony Of other testimony las
not yet been produced.
Mr.. Platt thought It was competent TO ask one
witness what he had heard another witness testify
Mr. Smith, have another objection; that Is,
that the record OF that testimony-I believe 1t
put in writing and signed by the delendant-is the
best evidence OF what he testified to. Mr.. Smith
which holds that two witnesses are necessary to
prove perjury also section S04, to the enect that
declarations OF witness are merely e9rroboratve:
| that he testified here last December 10 certain
| facts and then yesterday, before Coroner Bayls,
testified that what ne had sworn to last December
REFERENCE TO WHARTON.
Mr.. Smith again referred to Wharton, page 275,
and said that whatever this witness testified t.
before the Coroner was merely cOrroboratory OF
what this witness now onered was intended to
prove
be construed as regarded the suniciency OF TINS
evidence to convict on an Indictment, not that IL
| was nadmissibe on preliminary examination.
Both gentlemen again addressed the Court
that the only weight in the objection or foundation
for 1t to whether this was the best evidence.
| (Aiter pause) think we Will admit the answer
| and allow an exception.
Witness-He said it would not criminate him to
have answered those questions.
O. What did he say as to their truth or falsity
| objection overruied) A. He said he supposed
O. Did you hear the contents OF this paper read
over to Arthur NJ. Prime at the inquest yesterday
paper produced and identihed.) A. Yes, SIR
transcript OF the testimony OF A. NJ. Prime, given
In December.
Mr.. Smith objected to the paper, and asked Mr..
Kelsey how he Identified 1t as the same that was
read yesterday
Mr. Plat said he offered the paper Independent
of the witness testimony concerning II.
Mr.. Smith objected TO 1t on thus offer also, on the
ground that 1t did not appear that 1t was taken In
any proceeding.
Mr.. Platt-We can't prove everything at once.
Mr.. Smith-Tnen you are going wrong end first.
Justice Monfort said ne thought 1t would be best
TO defer the crOss-examination OF the witness
until the direct was cCncluded.
Mr. Smith-There is no attest to this paper.
1t does not appear that 1t has the name OF the
county affixed 10 IL.
Witness continued-I have looked at this testi-