The New York herald., 1873-11-02
THE KELSEY IMBROGLIO.
The Implicated Parties From the Tar
and Feather Region in Court-The
Jurisdictional Tangle-Which County
Wants to Prosecute All Hands
Released ON Light Bail.


Released ON Light Bail.
JAMAICA, l.. l., Nov. !, lS1a
The hearing before Judge Armstrong, OF Queens
county, on the motion to discharge from arrest the
persons implicated by the verdict in the Kelsey
case. and who have been held for four days upon
the commitments issued by Coroner Bayhs, OF
oyster Bay, was resumed here to-day pursuant TO
adjournment, and the whole OF the defendants, ten
in number, VINO had been released ON their
parole, appeared promptly on time. In ad-
dition TO these Mr.. Arthur T. Hurd came
on from Huntington and surrendered him.
self, and went through the formal process OF
arrest The eleven persons are Royal and Ru-
dolph Sammis, Or. S. H. Burgess, John and James
I. Mckay. Claudius b., Arthur NJ. and Henry X.
Prime; william J. Wood, Dr. George b. Banks and
Mr.. Hurd. Mr.. Charles w. Brooke, OF the firm OF
Garvin. Fellows Brooke. Of New York, appeared
as counsel for the defendants to continue the
jursdictional assault begun by Colonel Fellows on
Wednesday, and at ten O'Clock all the parties were
present at the court room in the Town Hall. There
quite a numerous attendance or spectators
anxious to see the persons involved In this very
extraordinary case, and almost all were quite as
tonished TO find that the prisoners were as respect
able appearing body OF men as any who were
present in the whole auditOry-men OF SOFT voices,
good features and gentle manners. and varying In
The case was opened by Coroner Baylis commit
ting the parties to Queens County jail, mere
formal act, by handing two commitments TO his
constable. the lean and hitherto loquacious 'Doc-
tori Tappen. The dignity OF the occasion seemed
to awe the old doctor" yesterday, however, and
he remained extremely reticent. In the CoroneIs
court at oyster Bay he always felt as though ne
was important, but not so here. He seemed anx-
ious TO get rid OF his charge, as though fearing
that in
THE JUMBLE OF ARRESTS
ana jurisdictonal questions he might next find
himself In custody.
Mr.. Brooke at once drew up two writS OF habeas
corpus directed against the constable, one em-
bracing the names Of six and the other OF i've OF
the defendants, as included in the separate writs
OF commitment These set forth In the usual form
that the REALTORS were held without authority, and
SO forth, and were made returnable forthwith.
Ex-Judge Snedeker, appearing on behalf OF Con-
stable Tappen, at once made returns to the eject
virtue OF q warrant issued by the Coroner and
subject to committal to prison.
Mr. Brooke at once traversed each OF the returns,
alleging that the verdict upon which warrants
were Issued did not show that the relat0rs had
committed any crime against the laws Of the
cognizable by or comforting Jurisdiction on the
authorities OF Queens county, and, lastly, that it
did not appear that they had committed any crime
known TO the law. Upon this he moved for their
discharge from custody.
Judge Armstrong said that while 1t was made
peremptorly his duty under statute to issue the
writ OF haneas corpus on presentation OF the petit
tion therefor, the
STATUTE WAS EQUALLY PEREXrroRY
in holding that in case where parties are held
by one county for offence committed In an
other COUNTY, no order shall be made Tor the dis
charge OF the persons charged until at least two
days notice shall have been given to the District
Attorney OF the county in which the offence was
committed. therefore order and direct that such
notice be given to the District Attorney OF Suffolk
county
to conform TO the statute in every particular
quirement, he wished the Court tQSnotice that the
that the county OF queens had no jurisdiction, and
in this state OF iacts he insisted that the REALTORS
were entitled TO discharge absolute or to an
order remandlng them to the authorities OF the
county having jurisdiction.
Judge Armstrong replied that he could make no
order until the rule, requiring notice to be gwen to
the authorities OF the county having Jurisdiction,
had been complied with and he would therefore
remand the REALTORS to the custody OF the onicer
having them in charge at present.
Mr.. Brooke said, Il ask your Honor that, pending
the interval during which such required notice
wa. to be given, the Court would admit the parties
TO bail. Will further state TO the Court that
have Just been informed that District Attorney
ON HIS WAY TO NEW YORK;
that he was aware that these proceedings were to
be had here at this time and that he distinctly
stated tnat he did not mean TO attend or be
PRESENT.
Judge Armstrong-And ] am also informed that
he stated that, though aware OF this proceeding,
he had not been officially notified, and, therefore,
declined to be present. have, therefore, ordered
now that he be regularly notified. To what time
do you wish this adjournment for notice to be
Mr.. Brooke said that would depend upon the
question Of bail and the manner in which the ap-
phcation therefor was entertained and decided by
ing the amount OF BAH TO take into consideration
the, as yet, very vague nature Of the charges
against these REALTORS as well as the fact that 1t
was questionable whether this Court or county had
ANY LEGAL JURISDICTION
OF them az all Ia addition TO this 1t was within
the cognZance OF the Court that these parties had
all appeared promptly twice before it on their re-
spectve personal paroles and that three OF them
had gone to much personal trouble TO appear vol
unfairly and place themselves In custody without
rendering arrest necessary.
After some further discussion Judge Armstrong
satd:-"l express no opinion now whatever upon
any OF the questions arising In this case, and SIM
ply desire tnat the officers whose right II is to be
notified OF TINS proceeding shall be notified, in
order that they may appear here and be heard upon
that question; and Will therefore set the matter
down for iurther hearing on the 9th OF November,
ants will be reqoired to give bail on each commit
ment In the SUN OF $1,000, with Two sureties on
THE BoNDsMRs,
present, and accepted by tue Court, were on the
iirst bond Messrs. George A. scudder ana Daniel K.
Youngs, anU on the second Frank Crossman and
Isaac Rogers, all Of Huntington. II must be un-
derstood tnat the BAH Is not $4,000 for each indi-
ydual, but upon each commitment, or $4,000 In
all, the sureties justiiyng double the amount
1t was subsequently agreed upon by Court and
cOiHsei tuat the ADJOURNMENT Sn0ulu De 10 Tues
day, November Ill, and under these circumstances
10 Is little doubtful whether the matter Will again
come up in Queens county, as by that time the
Suffolk county Grand Jury will either have found
indictments against the parties or will have dis
missed the complaints.
The Grand Jury at Riverhead reported to the
Court, Judge Barnard presiding, at half past eleven
O'Clock on Friday night, 10 the effect that they had
not yet finished their abors and desired leave to
SIT again. The request was granted and an ad-
journment was given until Wednesday next.
CRIME ON UNION HILL