The sun. [volume] (New York [N.Y.]) 1833-1916, 1875-10-16
THE KELSEY CASE ENDED.
q. n. BANKS AND ROYfL S1MMIS
DECLARED NOT GUILTY.
The Judges Cha ree strongly In the PrIsoucrs'
Favor-Tbe Jury Evidently In Doubt A
Triumph for the Huntington Tar Party.

HUNTINGTON
RTvERHEAD, Oct. 15.-The Suffolk County
Court room was throneed this morning. when
at half past eight o'clock MIR. Charles w. Brooke
began TO sum up In the defence of Royal Sammis
and Dr. George Il. Banks. He argued that had
tho case been of only ordinary Importance the
District Attorney would have resigned all claim
to a convection on the evidence. lie then took
up the demolition OF Frederick Titus's testi-
mony, where Col. Fellows had laid II down.
The facts with regard to the colorcd witness
seem to be, that not being man OF sedentary
habits, the prosecution insured his attendance
at the trial by locking him up In Rverhead jail
For some months all his mental faculties have
been bent upon projects TO escape, to the excu-
sion Of all other subjects. His brain workings
eliminated few DAYS ago IN y bold but futile
EFFORT TO regain his liberty. For two years after
the tarring and feathering he remained in the
service Of the Sammis family. and between hts
desire not to injure his former master. his anx.
icty to get on the stand his slowncss Of spee h.
and his general bcwildermcnt, he fell an easy
prey to the defence, and broke down pitinbly
under the cross-ex examination. But MIR. irookc
was not charitably disposed. and he roundly
charged the colored witness with perjury, ask
ing the acquttal Of his clients on the ground
that there was no particle Of testimony bear ing
against them except that OF lttus. lie pointed
out the improbability Of Banks and Sdnmis
taking ladies' into Mrs DAkieV's back y,rd II
they knew that nearly naked man WAS there.
Not unnaturay, Gen. Barrow took "A totally
different view Ot the testimony lIV argued
that even n Kelsey had not been tarrcd and
feathered DIR. Banks's admission that he asked
he neighburs in:o the ward for the purpose of
"shaming" kelsey, the latter being detain ed
against bis will was Nv itself assault and bat =
| tery, and riot under the law. lie argued that
! Royal san mis- had, more than any man ia Hun
tington. motive In iniurng Kelsey; that he
mad the intention was Shown conclusively nrst,
| b, his remark, overheard by witness that - II
! he came there again It would no' be good for
| him and, second, by his own aumissi IN that
| he had watched for MIN ;he preceding uignt
| Counsel reviewed the testimony with great
minuteness. arguing that ooth Mr.. Banks und
| Royal Sammis stOnd convicted on their own adj
missions. with regard TO MIR lirooke,.s plea.
| that the accused men would not h we taken la
dies into the yard they bad been coguizant Of the
outrage IN progress. he said Il did not appear
that the ladies mad any great delicucy about the
| matter, for II had been shown that when thoy
| entered the yard Kelsey was moving away, and
| he was brought back and held while they har-
rangued him and DIR. hanks said when they
went oack into the house there was some laugh
| ing about the occutrenc
After short recess Gen. Barlow proceeded
to vndicate Frederick litus's reputation for
Several requests To instruct the jury on va
| rious points were handed In by bOtn sides, and
Judge barnard proceeded to deliver the cnsrge.
| lie held that II the accused men on learning
| that Kelsey was caught had merely gone into
the yard to see him and express their disapproval
| OF hts conduct toward Mrs. Oakleys family,
tney were not guilty. Gen. Barlow took n ex-
ceL tion. aud tue case was given To the iur'.
The Judge = charge hnd been so strongly In
| favor Of acquittal that some surprise was maui-
| tested when. after being out AN hour and haif
| tue Jury returned to ask whether they codld
| ind one Of the men guilty and acquit the other
| DIR. BdnEs's face bore curious expression OF re-
| lief and anxiety as the Judge instructed them
that they could. None OF the Sammis family
were In court, but the news soon reached Royal
| and he hurried in nervous and crest fallen.
| About an hour after their first appearance the
| jury were again conducted into court bv lIeI
| mann Woodruff. the oldest const bic ln Suffolk
| county. The bell OF the Court House was
| Iuur, the ltldge tOOk IIa lIatg the bench,
! Noyal Saiunlis returned. pale almost to ChA-tli-
ness, but ncrving himself hy strong tfDit. r,r r
| counsel for bOih sides being III Httcr ..,,ce IN,
clerk called 'hc names uf the jr..,ra and n,h ed
what thcr verdict wa-. t.. foreman rculi, d
nV- ,Wity' thu a irE W the spectators hrok'
into shgnt aud c,utky supprts. ed applause
Inc prisoner -rere Tor Ually discharged. ana 4,
ends tue .riehr ted kelsey case, for ihcre is n,
| II, e'uoOd Of the murder indictments D.tu!
tried.