The New York herald., 1873-09-12
The Latest Outgrowth of the Kelsey
KS Tar-and- Feather Case.
CLOSE OF THE EXAMINATION.
Prime Held to Await the Action Of
the Grand Jury.


tarring and feathering outrage and presumed
ragedy, was resumed this morning here in Justice
Monfort's little court room. There were about
nifty persons present and considerable interest was
manifested in the case. Messrs. Young and Platt
appeared for the prosecution, and MIR. J. L. Smith
for the defence. Prime Is member OF one OF
the Oldest and wealthest families IN Huntington.
Henry F. Kelsey, recalled, identified copy Of
the complaint in the proceedings before Justice
Monfort begun on the 18th Of December last; that
is my signature appended to this complaint. Com
plant and deposition were both offered In evidence
including the dispositions OF other parties thereto
annexed.i
MI. Smith objected. first to the introduction Of
the complaint, and, secondly, to the Introduction
of the annexed documents. He was sorry to be
compelled to object in this way when 1t was so
easy for the counsel to prove their case in the
regular way.
Mr.. Young argued that there could be no better
or more regular proof OF these papers than was
now offered. Would the counsel state in what way
the proof was irregular?
Mr.. smith, don't propose to instruct the
counsel.
Mr.. Young-Well, you seem9to do 30.
Mr.. Smith-You seem, as Mr. Platt remarked
yesterday, to be going butt end first
Mr.. Young-That's the right way. I ask Your
Honor to take judicial notice that william II. Mon
fort was at that time Justice of the Peace. Here
Is an afildavt of Henry +. Kelsey, with the jurat
also that OF william J. Wood
MIR. Smith-It does not appear to be complaint
against any specific individual.
Mr.. Platt-That has been raised before.
Mr.. Smith-On, yes; but now we Will raise it be-
hind. (Laughter)
Mr.. Patton the butt end plan.
Mr.. Smith then formally stated his objections,
which were overruled
Kelsey continued-Tne examination occupied
several days; it commenced on November 80; was
present
On cross-examination witness testifed-There
were three persons present, Justice Monfort, II. G.
Platt, Mr.. Young and number Of Witnesses the
examination was conducted with closed doors; 1t
was private; some ctizens endeavored to obtain
admission but were refused.
Redrect-I saw persons excluded; can give
names; recollect DR.. Banks being excluded, also
Isaac Adams; saw Caudius B. Prime outside the
door.
O. We're these persons disorderly in the court
roomY A. Well, they appeared to be excited they
Thought there was no reason why they should be
Mr.. smith-Yes, that's 1t; let US get that tes-
timoDy down.
Witness-Tne doors were opened forclbly; there
were officers endeavoring to keep them closed.
Q. Were not these parties subsequently brought
up before the Justice for their disorderly conduct
before him and for criminal contempt, and did they
not plead guilty2
objected to as irrelevant ana quite "shine"
resulted as to who introduced the subject OF dls
pute.
Mr.. Platt undertook to state what Mr.. Smiths
object was in drawing out this testimony; II was
to prove that the whole proceeding before His
Honor was irregular and Illegal
Mr. s gad 'ae ReoT by can repoS see
Mr.. Patt-Yes, Mr.. strembe (Mr. Smiths law
partner among the number.
Justice Monlort finally decided that the matter
was irrelevant and 1t was dropped.
Coroner Valentine Baylis tnen took the witness
stand and testified as to the proceedings before
him at oyster Bay on Tuesday last, and identified
tine tine resGtS aptaur '1s Prme WHICH
be contradicted wholly bis testimony as
given in December last, in the alleged secret pro-
ceedtngs.
The Coroner's record of testimony was then read
and admitted in evidence.
Question by Mr.. Smith-Did the defendant, Ar
state that he saw his father Claudius b. Prime, on
Mrs. Oakley's premises on the night OF November
A. A. don't recolleCt the whole OF his testimony.
Mr. Young-His testimony will show for itself.
Mr. SMITH merely asked to correct the testi.
mony OF one Of your witnesses yesterday.
Coroner Baylis-I can't undertake to correct the
whole OF that testimony OF hlS'n.
z. Did the witness answer any Of these ques-
tons under your direction? A. He did one ques-
t1on only, think.
THE LAW CALLED FOR.
Considerable chatter was INDUCED in at this
point, and in the interval the constable, Pete
Trainer, courteously handed the prisoner three pea
u
Prime enjoyed them, apparently, and saved the
shells In his cap. Several OF the auditors amused
themselves by buffeting black cur dog under the
seats and one young man, who appeared to fear
sunstroke, stood right up In Court all the while
with his hat on
At the close OF the Coroner's testimony the tes-
timony was declared all in.
Mr.. Smith counsel for Prime. stated that he had
no desire to address the Court, but would merely
Call attention to few OF the points which he con-
sidered would govern the case. He claimed that
the evidence gwen by the prisoner was not sub
nfn nr,n hot In fnotfN nnf ~
before Court OF proper organization or jurtsdic-
tion; that the testimony was net given before an
and take sworn testlmony; shat the testimony on
this trial is not such as the law requires to make
this prtn.d Jacae case OF perjury-to prove perjury
requires the testimony OF at least one witness TO
cerroDorate the circumstances; 1t requires or
dnarily two witnesses to corroborate the circum.
stances but one witness may be sufficient; that
the statements alleged to have been made by the
prisoner are merely corrob0ration the main evl-
out here pyt1nd Jdcte case sufficient to bring the
mlnd OF tne Court legally to conclude that the
prisoner Is guilty OF the offence charged.
tne court Drieny, claiming that 1t would not De
wortn VOL, whle ior the people to proceed against
every PARTY who Is technically or IN point OF
fact guilty Of perjury In every case or
npon every occasion where 1t may be committed.
pterest or GSmiiea IN case Of great pub
1t becomes at once matter OF deeE concern 10 the
whole community. Here Is case where a party
appears 10 nave come TO his death by violence, and
where IL Is Impossible apparently to obtain evil
dence from those WHO are supposed to be cogni-
Zant OF the lacts OF the manner OF his death.
Under
THE sAScTITY oP AN OATH
this defendant has attempted to tribe with the Off
Ger who is charged with the Investigation OF the
offence. Not only this, but he does II repeat
edly, and states that he mas considered the matter
before he comes to testify, and has been ad-
v1sed, as We assume, by the guilty parties, II he
was 80 advised at all, or at least by persons who
had an object In view In trying to shield them
selves from the consequences OF their connection
with the matter. He hes the audacity, at subse-
quent investigation over the remains OF this de-
ceased party, TO swear that his former testimony
from the law on the subject Of perjury the counsel
closed by reviewing, in brief terms the question
as to the legality OF the proceedings before Jusuce
Monfort in December last. The counsel closed by
asking that the prisoner be committed
Justice Monlort announced that be would rendei
his decision at two O'Clock, and the Court was sd
journed until that hour.
II was nearly three O'Clock, however, before
Court was re0pened.
Justice Moniort arose and said-I ind II TO be my
painful duty to hold the prisoner to await the &C
ADTfI