The New York Herald Newspaper, December 31, 1865, Page 8

ru xeTon THE WALL ST2cST DITALCATIONS. PR MIE Sentence of Edward B. Ketcham to the State Prison for .Four Years and Six Mouihs. MOTION FOR ITS POSTPONEMENT DENIED, REMARKS OF THE RECORDER. Application to the Governor for Pardon. Retirement of Recorder Hoffman from the Bench. Bemarks of the Bistrict Attorney, James T. Brady and Judge Russel. Re. de. ‘hee Court of General Sessions. re Recorder Hoffman and Judge Russel. i woe not generally known that yesterday was the tast day of the December term of this court, nor was it uanderstood by the public at Jarge that the final act of the @rama in which Edward B. Ketchum, the youthful Wall street tinancier, took so prominent a part, would be en- acted in this temple of criminal justice, Hence tho court oom was not so crowded as it would have been had the newspapers proclaimed the intelligence that young Ketchuin would de sentenced. It will be remembered by our readers that Ketchum pleaded guilty to one of a series of twelve indietments for fergery in the third de- gree which were found by the Grand Jury, they having deen prepared dy Mr, Hall with greot care, and requiring weoks of ardoges mental labor in their preparation, The pr soper was remanded for sentvnee in order that his terti- mony in certain cases in which bir firm were involved could be taken, but the Recorder intimated at the time that the sentence would not be diminished by the delay granted. As yesterday was the last day of the term, and as the Recorder's duties as presiding judge terminated on that day, it became absolutely necessary to take @ Qnal disposition ef the Ketchum case before be left the bench, Accordingly Edward B. Ketchum was brought from the Tombs by Captain Jourdan at the opening of the court, and was coon joined by his aged futher, brothers, and Messre. Allen and Sedgwick, the counsel for the prisoner. The unfortunate young man appeared to realize hie position, for he was quite pale and took a dep interest in the scenes that were transpiring. His wountenance was Indicative of intense mental anxiety. A number of distinguished lawyers were in attendance, aud al] present exhibited great interest in the proceed- ings. SHE DISTRICT ATTORNEY MOVES FOR JUDGMENT. Seon after the court was opened] District Attorney Ball rove and sald:—I have received several notices of motions this morning, but before teking up the current Basiness of the court, and in view of your Honor’s re- tirement from the beneh to-day, I prhpose to move for jndgment in a ease which has deen pending for some tie People against Ketchum. I rt. n caid—1 have an applieation in behalf of the firm of Ketebum, Sona & Co. for stponement of the esntonee, | Twill read the aftidavit which Vir. Bonga, the connsel for the asaigneen, Lory re- for poat- INTEREST DV Court f Generat Sessions. The People, de. ot, Kae ward, i, Ketchum—City and County of New York. —Fran- is N. Gangs, being daly sworn, deposes amd gaye that ne isan sttormey and counselicr at law, duty admitted & practic: in the courte of this State; that on the 17th 165, the firm of Ketchum, Son & i Kdward B. Ketchum was @ meniber, maiio asenotal asugnment of their estate to Philo 0. faluoun aud Bdwurd Bement, in trust for the benefit of af the said fivm; thst thereupon deponent od by the seid assignees as ther coausel, and hes ever rinos coutinued to have, aud he now principal charge of mattere arising in the administra- d estate requiring legal advice and direo- he inventory which vra alver- bors that the said svsignors dred separate and distinct nd that Une agyrogate Indebtedness of the aaid aseignors amoun'*d to about four millions of dollars, greghta of the amounted to about ollars, in ited aud doabt- soend farther Ue preme Coort of the State of New a t Charles Grauam to hardred thousand dollars and abam Kotehum orsand Jrosshork aa aseignee of Charlee Graham & © the sa © of Ketchnm, Son & ¢ ainst the of the firm oi »., ANd against humerous other per ap of the estate of the sald Charlen the determination of elaltos made Ketchnm, Son & Co., against the am ¥, icViehar against Kotebum, yr awsinees and other persons to t to about «ixty thonsend 42 of the firm of Green- med by th i uleal, Norris & Co. the said uselgnees to the same fund doliars, which action No, & Was com. aid action No. 4 wae brought, broughs by the said assignees against Van ‘i otbers, recover tae “tm of aboat dollers Which is alieyed to Lave been in the hands of wud Van Sehaick & Co, to the credit of said iward KB. Ketchwm, or hut agent, ou the 14th day of Ange 7. An a Genie & F igdty-tates th tande of the n brought by the said assignees sguinst vc apd others, lo recover the sum of about isund doflare alleged to have been in she | Gentle & Phipps, to the credit of the » Ketohum on the ith day of August last, n brought vy the said assignees against & Herzfeldt and others to recover the sum of about eigty-eoven thourand dollar, alleged to bave beer in the ond+ of said Baligurion & Herzfelde on the 1éth day of Avcn-t inet do tho credit of the suid Edward OB Kewhum An action brouvht by tho anid oxsigneos against the iward B. hewhon and othere to e-tablied the fen Maud ateiguers, nuder and by virtue of an instru ecutod by the said Péward B, Ketebum on the f Au last por real estate in thie " ne cod &, Ketennm. ught b: y signees again We z Coupany and others aignoes Co Murty-one sed gompaay which Keibam, on pwOmt Nas wing) wertained 10 | murker value of from fifteen to adsiven thontony " 1. An ht by on Bh. Cook againat said Ke son & Co. to recover the com of dye 4 Gmneabwok, a2 osaignoe ne my & acoinet the @and Kdward &, « n, W recover the sum of one hundfed thouswnd dollars and intervat Deponent farther saya that al! of paid litigation (ex sept said aetion No 11) ¢rows out of acts or irmnmaotions ofthe said Kdward B. Keteham, snd thet deponent from his exatninetion of (he tacts and circurmstencen in- volved in said action: eannvt bo brough! to ee the cald action *Y to said aasignoos, oF in ouch miauner thar justice sttalued by them withou dof euch ar stiong; that the aaid Kdword BK iv ta been under examina- tion as a Rr action 4, auc in the course of wach ext he sald Sdward B, Ketchum testi- fed that tire wor no record of many of the business erations in which he wae interested. The deponent bas carefully sod Po unfally examined tho matters ju dispute fn the said ever octlons, and hae not been able to find any other person » well mformned ag to (he toatter in eon- troveray therein (extent paid action No. 11) asthe said fd- ward B. Ketchum, opt persone hostile in itterest to him, to the firm of Ke'shum, Soa & Co., wnd to the aaid aaaigne ss, Deponent further sxys,qhat so far ae said Ketchum, fon & Co., aad the eid note are concerned, the atount involved im raid actioy Ne Bot involved am any other of said agtionn, ia ,000, apd ald action No. 3, d and proposed ined, the question wf the \ability of Graham & Ge. and their ostate to Ketcham Oy & Go. and their e3- tate for the eaid pnin of $260,000, apdy u ubeok of Ketch um, Son & Company for that amvnn), now heid by the Caion National Bank of the city of New York, and upon which the seid bank hes lately recovered a verdict egninwt mid Ketan, don & Company for $260,292 47, nd which check, it is alleged by aaid hem, Bon & paw my | and their sasignees wae delivered to aaid Sharies Graham & Company by raid Rdward B. Ketchum connideration to said K nm, Ron & Com. , And solely for the cowrenionce wad acon, “thous am; yany thera be entitied to, and aid wotion, No. 12, day of August last, po De} Hib abrek be, according vo the tain, confined almost and rt rH a and 8,-issue hag not the efordania; that since abou! ber ont which himself and the could control tor the a) all im taking the the said Edward B. Rete! in sald action deponent bas ascortained from conversations with the sald Edward B. Ketchum what the said Edward B. Ketchum can testify to in each and every of the aaid actions, except sald.action No. 11, and that as deponent verily believes, from his sequaintance with said ‘ten and the matiers involved therein, the said Ed B. Ketchum is a material necesaary wit- ness for the said asmgnees and the said Ketchum, Son & Co, in each and every of actions: above enumerated, and that without the benefit of the testimony of the said Kdward B. Ketchum the sail as- signees and the said etiam, Son & Co, cannot safely woceed to the trie! of any or elther of the said actions; t that deponent considers the said Edward B. Ketchum more indispensably and peculiarly ‘neceseary as a wit- ness for the said aseignoes and for his late copartners in tively Nos. 1, 2, 3, 4, 5, benefit of the testimony of the said Edward B. Ketchum the aaid assignees and the said Ketchnm, Son & Co, incur serious and peculiar risk of losing the following Fsy-° asp oro :—One hundred thousand dollars, involved in said action No. 1; thirteen thousand dollars, involved in said action No. 2; two hundred and fifty thousand dollars, or such proportion theroof as the estate of Charles Graham & Co, may be sble to pay, involved in eaid action No. 3; sixty thousand dollare, involved in said actions Noe. 4 and 6—in all four hundred and twon- ty-three thousand dollars—besides the more moderate risk which the gaid estate of the sxid assignees will in- cur of losing the aggregate sum of two hundred and ten thousand dollars, involved in said actions Nos. 6, 7, 8, 9, 10 and 11, and the serious risk which they will incur of heaving the demand iuvolved in said uction No, 12 established ag a Men upon as much a3 one hundred thou- sand dollars’ worth of the property involved in said other actions. ~ Deponevt further says that he is informed by persons in no way connected with or employed by said firm of Ketchum, Son & Co., or any member thereof, of a claim i made ageing said frm by such persona, but not yet in litigation, ounting to abont four hundred and fifty thousand dolfars, which claim is founded upon matiers which, 30 os deponent can learn, siter careful in- quiry, are not within the knowledge of any raember of eaid firm excépt the said Edward B. Ketchum, and de- ponent knows that the said assignees have a claim, whieb deponent believes to be well founded, but which is not noquiescod. in by the parties against whom the same is macy, tor the further sum of forty-three thousand dol. lars, ‘in reference to which deponent believes the said Edward B. Ketchum to be au indispensable witnese for the said assignees. Depouent farther ssys thet on the examination which has Sone sang place as aforesaid in suid action No. 4, ward B. Ketchum has testified undor oath in substance, that the amount of ancets already lost to aid Ketchum, Son & Co. by means of operations of said Edward B. Ketehum prior to Aurust 1, 1866, was upward of two millions of dollars; that the amount of outetanding stock eomizects in which be, the eald Fd- ward B, Ketchum, way voncerned on August 14, 1885, was upwards of fourteen milltuns of dollars; de- ent does not, know where to obtain the necessary In- formation upon wich to afvise the said assignees con- many ad) rights and liabilities of the estate oe hy me constant rerort to the said Kd- Ke for information ss urisen from time t ; that deponent hae exerted himself diligenUy and in goed faith to get all pending litigation into such & position as to enable ds it either to take the evidence of the said Bawart b Rotchum at the earliest possible moment after the gervice of » com- plaint when it could be legally taken, or to dispense mer with the necessity of relying upon his evi- ence, . Deponent further says that in numing the litigations in which the said estate now involv p has onty refer- red to cases in which he regards the evidence of the snid Edward 8. Ketchom a# waterlal; that other suile are pending for aud agaist the sid eetate in which depo- nent dues not regsrd the evidenve of the raid Edward B. Ketchum as being motorial ta either party. ¥. XN. BANGR. Sworn before December 30, 1866-—Jomn Sranke, Notery Public, New York city. REMARKS OF MM. BANGS. Mr, Bangs said: —It the Court pleaze, I do not kavw that it is necessary te state ecgees te the way of argu- mont or eniargewent io aad to the of thie atatenont of facts, The application which { wake spon the fou ation of tht vit is for such @ suspension of judg. ment # nay be reasonable in view of the neceeditics of the estate which I'represent. In waking that applica- ton I do net rey tayself ae seeking jor anything cern: ward B. m8 which can be ia the Ught of o favor to the prison if we which | vaw of what happened ‘Upon a previous e100 in this court is to be relied upon it has been avowed sf the purpose of the Court not to dednet from the fnaFsentence which may be impoocd upon the privoner any tia which he may epend in- tervening betweon his plea of guilty and the time when judgment may be pronounced; and in view of that fact, if 1 were eeting for the prisuacr, und controlied solely hy wishing to promote his interests or his convenience, or to wot in reference to his future wolfare, I should con cieve it to be my duty to bring to ® termina tion as early ax ible the period of his pre liminary imprisonnfnt. It im with the greatest reluctance and only under the pressure of the senee of overwhelming Lempnge | and dnty that L interfere fa be- half of my clienta in the proceedings of thie court at ull. I suppoee it is the design and the desire of the court w do justice, and the question i# what does justice require ? It appears by the «taterent of facts which hae been read thai the prisoner bas already beon the author of very serious pecnn losses to those who were connected with him in bueinews, and the very wrong tor which the court will finally panieh Dima is vbie—in procuring (hose Jossee to his connections, For the court now to deprive him of an opportunity of making reparation, and for the court now 16 ©; his connections for want of his testimony vo attacks from all quarters made ty men whe know traneactiong while we do not. know thew, would be, it seems to mo, meraly to cousutumate and prolong the wrong and to bring tos fine! and very Uieastzous termination the very crime Whiok the court proposss to punish and which justice requires be punished. That is all I have to say. District Attorney Hall--If the Court please, I have often spoken in this court spon like applications, and it is not mecessury for me to i them ie exteme, Mr. (nierrupting)—This affidavit la handed to me by Mr. Phelps, velating to a mutier of which | have no knowledge. It vands as me AXOTWRR AFYIDAVIT. the P de. Again Bdward 8. Ketehum.—The petiti to. Walter Phelps shows to this honorable court: —That vour petitioner now in, aud, sinee the month of May last, has been of counsel for Ketebum, Son & Co, in @ evil action now panding in the Superior Court of the city of New York, wherein Jolin M. Taylor, of St. Louis, Mo., ie plaintif; that the action is broughé to re- cover $50,000, which the plaintiff alleges to be the ¢ has suffered by reason of the allezed derelic- of the ssid Ketchum, Sou & Co., w! he had employed as his agents or brokers for the purchase and ewe of gold and other pecurities; that in thie series of by the plaintifr purcbaers and sales all orders were given or his agente to the aid Edward B, um, and to 00 other member of the frm; that all the transactions of the seid Taylor with Ketchum, con & Co., running through one year and involving amount of nearly one million of do'lars, were thi and with the said Rdward B. Ketel, and tom alone; wherefore the said Mdward ise rwter «) sud indispensable witnese in the sult aforesaid, and, that justices may be tad between the eaid comsending partion, your petitioner prays that the trial of the eatd kdaward B, Ketehuin be postponed votil the cange aloreaaid be reached and the inne therein de. termined. And your petitioner will ever pray, &o. WM. WALTER PHELPS, Sworn before me this 19th day of 1965—W, K. Frunsr, notary public, county of New York. REMARKS OF THE DISTRICT ATTORNEY. The Dietrict Attorney (reenming)—1 bave bad oceacion often ty observe upow like ications bere, that ai) offences, whether low or bigh In their charscter, carry with them necessarily similar misfortanes to other, and we always regret their occurrence; but at the wime time it seems to me that since I last moved in this ing ae i ba been giveu—far more than I have ever known given in any other case, excopting one—to enable the partion ontsde of this case to obtain their Decensary enoe, 1, therefore, eo fur aa the prosecn. tion is concerned in addressing the discretion of the one tp revew my motion tha! wo longer any delay sho . REPLY OW wR. PATRLTE. Mr. Pheipe.tf the Court will hear me one moment. I i not my intentwn to make any for morey for Lie prisoner at the bar, although ft might not be, had it been at an sariier searon, ont af plane, in view of the Taet hat he how been a friend of mine from my yout! Dp, and » laymate who, for me and for all others of bin age, Was onvexainple of all that was lovely in domestic Wfe and of all that was honors and honorable in busi- nore relations, Tam here simpty to ek for justice for others. With the prisoner at the bar I have nothing to do, except ax his prometure conviction and sentence will injure the rights of others casoelated with me, and who are howest and tres from alt charge and acenration what. ever, There is this peeuliority in the care of which I have charce and on account of whieh I make thia path tion for delay lu the sentence, The mnt wes brought in May ‘net, before the antortwnate orwurrencer of the 15th { | Re ene | EF } i i deny whom I repregent shou Hy mony. He dors not deny that the cause of ‘justice re- quires that all the facts constituting the career of Ed- get it. “He informed the Court that, with the exception of a solitary case, no such length of time has been granted in any instance. I presume that the cage to which he refers i# that of Parmley. {am informed that the extension was one year; but in that case the pecu- niary matter involved, compared with the case I repre- sent, is oxtremoly trifling, That there has been time to get ‘sucb evidence as I require from Mr. Ketchum, I deny, and I call tho attention of the Court to the fact stated in that affidavit, that every moment of apare time which T could control has been given to the examination of Ed- ward B, Ketchum in the Superior Conrt, in which Tam de- fendant and in which Mr. Vicarisplaintif”. The closeness with which that case bas been pursued ia known to your Honor. It was only closed, as far #2 1 was concerned, yosterday at two o'clock, leaving the proceedings still Open, without any liberty at uny time on my part to re- sume the examination, but left open, as far as od ties were concerned, so that it may be conducted by those other parties in my absence, and without leave on my part, on Tuesday morning. ‘There is now antetand- ing in the Superior Court a writ of habeas corpus, return- able on Tuesday mortfing, for the purpose of enabling other parties, who perhaps do not thint it necessary, to say anything to the Court for the benetit of thoee partios, while I am foreclosed. I submit to the learned District Attorney as a lawyer whether in hie deliberate judg- weut—a judgment founded upon calm reflection and careful review of facts—whether in his judgment four months, beginning with the 1st of September and ending with the last of December, afford a sufficient Interval of time for any Jawyer to manage az he would desire—to get inte @ shape to beitigated a case involving one million of dollars? To have taken his testimony would have been doing a supevouman feat—a» miracle, in view of the fact that this young man is one whose doom, sometime or other, ia certain, We are told that his doom is not to be shortened or abbreviated by any saffering he may un- dergo, Can the Coort doubt for an inetant the good faith of those who ssgert that, during the last four moa’ they lave been endeavoring to get all the testimony th the forms of law could afford? REMARES OF THE RECORDER. Recorder Hoftman said:—The Court does not entertain the slightest doubt of the good falth of the lication made for # postponement of the sentence, snd the Court algo sees very plai thet the sentence of this prisoner will lead to a arest of convusion, and greatly damage the business affhirs of the howe with which he has been connected: but that is one of the inevitable conse- Quoncos of the comrajssion of crime by any one who is engaged im large business ») ions. The personal eniaraity to himselt is not all that follows the commission of # crime, bat every one with him in busi- ners oF relations is init. That is one of the penalties that follow it, While the interests of the creditors undoubted]y reqnire that moore time should be , ge for cod examination of this coma cannot but, whose laws ha’ ie tga teckreas ‘nepphoud fe have mn vi be vindicated with some degree of prom] ‘There are other interests besides those of the tors, There is the great public interest which must be consulted. The law bas been violated, and violated under circumstances which, by reason of the vory character of the violation, attracted unusual attention; 6o that the Stato has & greater interest than the individual. While I regrot very Much that one of the consequences of this sentence munt ‘be that honest persons must be the losers by it, 1 feel it my dnty, in view of the fect also, that wi thia was taken it was (although not expresaed) un that the case would be deposed of in the course of the pregont year. Whether that was understood by the counsel of not T do not know, but it was intimated to the District Attorney. I therefore. feel bound to pro- ceed to tho sentence of this prisoner. ‘The Clerk (Mr. Vandevoort) then esid—Staad up, Ketobum. Mr, Ketchum, whe & stat bevide bis vener- able father, who wax deeply move rose and stood at the ber. z bCHUM AV THE BAR ‘the Cierk—Have you learned » aus"Kind? Mr. Ketchum—No, wr. cal trade of ‘The Clerk—-What have you now to say why jadgment should not be pronounced npoa you avcording to law? Ketehum—-Nothing, sir. TAR SENTENCK. The Recorder addressed the prsoner as follows:—T have given your case, Edward B. Ketchum. most anxious and carefal ennrideration; not se | ever doubted what the totereate of sonety red or duty dewanded of me, Dut for the reseon that I well know that many gentlemen of high character and excellent Judgment entertained views eutirely at variance with my own, Ocenpying, a8 you did, an exalted position among the Dneiness men of this great commercial city; command. fing, as yoo did, unlimited confidence and credit; pos- seaged, a2 you were, of great wealth and influence, yon became involved in speculations a® vast as they were dangerous and ruinous; and then, to eave the foancial raia of yourrolf and house, which »eesned imminent, you «id what no one of inferior poeltion or credit could Lave done, raised immeuse sume of money upon paper which you forged, the genninenens of which no one dondted, siraply Decause you presented it, It wae the every day story, varying only from other stories tp the magnitede of the forgeries end the greatners Fed fall, and you gave & #hock to.credit and to confidence from which the buatness ipterests of the city did not Teatily recover. Your friénde and those who esk for you the merey of the Court say you were laboring under a mavian, Bnt every man whose personal sym ies do not to rome extent warp his judgment, kuows that it ‘wae no other mania than that which seizes on every meu who commits 8 crime in order to avert a personal cola lueb he cannot-endure to meet, If, sitting hefens a judge, 1 should mitigate your ment for any of the ressons assigned, or because hearts are aching and famting, or because of ty own per- sonal sympathies with those who mourn for should feet that every sentence Thad praed apon offender ad hee ‘and that 1 tras indeed @ “re. specter of ’ Tt te my duty 90 toadmiuinter the law that all men may feel iano coven) 0S yond either ite protection or ite power. It way , a6 claimed by your (riends, thet {f you were perm tied go froe, would soon be able aes repata- f this Court oficial ton fe-ertablih your posit, Hut qe to thelr apruca’on, it would be ap jon thet wen af infuenoe and station could Offender by way of exataple ae well as of punihinent. Tf you hed boen jut upon trial upon ail mente brought a.rinst you, the term of your imprison. mént would have extended the of ir tite, ‘The Dintrict Aare has vio cated A erralgoli ou pon one which you ve pleaded gy, with fail knowledge of the oT te on U wd ere the Women y punishment is = rr ~ prisonmas W, wer, directs mont shall uot expire diring the wisher meurion prison: ire Tn diechat ‘th my duty, I must pronounce the sentence ar the Court, when’ in thet you be im- prizoned in the Btato Priaon for the peried of four years aod six months. Young Ketchum thea resuf@d his seat, when « num- der of hie friends care up and chook hands with him before he war conveyed to City Prison. The Recorder then descended from the bench which he had adorned by his loarniog and moral purity. an hie Honor the City Judge with the business of the oonrt. Rus appointed Jobn Gakford cap- tain of the officers of the court, in place of rank O'Daanel), whe bas served faithfully in thet capacity for % number of yoars, and who is hereafier to Oil a pow- tion ip the ' office, Mr, John DP. Newman, the orier of the e nO resigns to occupy & position under the Mayor oleet, RETIREMENT OF THE RECORDER DUMARES OF MK, JAMES T. BRADY. ‘The bnatuess of the court having been diapored of, the City Jodge om if there was anything further re. quiring hie section, whereapon Mr. James T. Brady rose and addressed the Court as follows;—TI rizo for the pur- re of performing a very agreeable duty, and one which condder |: # great privilege to aewome. I fee! the more jaterest in it Becunse, as some gentlemen fn the court room are aware, from the time I first entered the iegal proferston I have been, more ov lese, engaged in the defence of erin nal caves in thigiribunal, My memory ox- tends beck toa period comparatively remote, as connected with the recollection of the Tonnes, gentlemon an@ hrothers of the var abont me, to the days of Richard Tiker, to the times made eloquent, historic and memora- bin by the gening aud abilities of Maxwell and Hoffman and their ‘iescoml nts and excellent ynceessors, And iv virtue et eomewhut the senior of mort of the gen- tlemen wal ek in this tribvnal, while assum. elthough feeling that it might be a Mberty, I nevorthel ratetul to call your Honor's attention and that of the genticmen Hptng’ to ‘the circumetance which tranaphyn th . Imean the retirement from the bench of which be was an ornament of the Hon. John T. Hoffman, who bar in this room juat Giccharged hin"last oficial duty as Recorder, He leaves ne very meh to our regret—that Re may awame the impression about one who, ba magistrate, ba ai eons 1 uit one Wl am all times, and will at all times © to be diseriminat- ing and incerruptible. Your Honor knows as well as any man on earth what’ natural qualities and what pinians: are essentis! to the discharge of the very hic! responsible duties resting upon you, as they did for many years upon my friend Hofman, He 1s very much jn error who supposes that the Judge presiding m Pitan uibunal to — the com atee = ions on Droperi aggressions on iiberty, Dealth or life, is qi ited for that high position by mere education in the Isw. He may be gever 0 learned—to his mind the subtest distinctions of criminal ee noon of @ summer day—and yet ho may not possess requis tes essential to the discharge of the various him. He must have a knowledge oe bemen nature; he must have trained himself to the ‘ion of its peculiarities; he must not be unac quainted with the temperament of men; he rust kaow pe bp y soe the temptations and trials of life him- self, and hemust know how to exercise severity and . Jand on ta neither except where itis justly ed. I think those who have been familiar wil the course of the Recorder will say thai he never the mildest Or most genial influences of nis excellent character to interfere with severity when that was due to public intere: or did he permit merited mercy to be put aside, under any circumstances, at the dictate of tectnieal harshness, He possessed, and will go long as his intellect remains unaffected by di Or age, very clear perceptions, tho eoundest sense, frat capncity to appreciate marvhalled and de- tulled facts, and a very observable power to make that entirely clear which ignorance might distort or eophisiry migitt discolor. He applied these great qualities to the tion of innocence, a6 well as to the punishment of the guilty. Ithink I am warranted in saying, and I believe my brethren in the profession will all agree withy me, that no man surpassed him in the exercise of all these qualities for the public good. I am happy to say these few words on this interesting occasion, in the presence of auditors who, like your Honor, are 80 capable of upprecixting and sympathizing with what I gay. And without preventing any formal resolution, I would take the liberty to suggest that somo proper entry ‘be made on the records of this Court, in memory of what we transact in these few minutes, devoted to, an honored Magistrate and an esteemed friend. 1 am happy 0 do this in presence of your Honor, who has so long dis- charged the duties of the same position, in the same tri- ‘bunal, to the entire satisfaction of the public. I know that you wil! cheerfully concur in the proposition that 1 mako, and that all of us will unite in expressing our ad- miration for the Recorder, or great regret that he is going from us, even to serve bis follow citizens in anather position of dignity, and to hope that hereafter, so long as be appears in public station, that he may add lustre tw his already brilifant repuiation. REMARKS OF DISTRICT ATTORNEY HALL. ‘Mr. Bail, the District Attorney, said :—May il please the Court, iny friend has spoken.for the var. If I should add to his expressions in respect to the head d heart of the retiring member of this court, I should be but gilding refined gold, and I do not rise to add any- thing in that it. And yet, speeking as I know I do for the officers of this court, for its clerks, its official stenographer, its reporters and all who are, like myself, more oy Jese officially connected with the court, and in the presence of the High Sheriff of the County, I may, in bohalf of my fellow officials of this court, in heartily seconding this rents of ury learned friend, #o far amend it as to ask that your Honor direct that the official econ ge TE furnish to the elerk of this court the re- marke which he hae made, that they may be put upon the minutes. And yet I cannot take my seat without snying that which my friend, perbape, could not say—that which, perbaps, only the clerks of this court, your Honor and aie conid say—that there could be but few men }!ke the Recorder who is leaving us who could in the cloeet—in that official intercourse which he must necessarily have, often of a private and confidential ‘Rature, in, to the bnainess of the court-—display 80 Many noble qualities of the heart; I say nothing of the jend has epoken of those. In his charity towards all men, in his malice towards nc in his tem- pering justice with mercy, in the extreme reluctance he ould ve to punish when he folt even that ponishment mum be had when there were extenuating circum- stances—in short, in to all the intercourse which familiar official ba: bringe with it, Your Honor can appreciate thoee as well, for you know ap wall, aa rayedlt. I therofore could not take my seat, ‘m seconding my friend’s proposition, without saying thus much. My feelings will not permit me to say moro, ZH REMARKS OF JUDGE RUSSEL, Judve Ruvael said:—I fully concur in all the learned gentlemen have said in to tho merite of the re- fos | Revorder, and fecl that they have not raid too much, but have only paid a just tribute to his merits, both faithfa) public officer and 4a an earnest citizen. this city, by an almost unanimous v. thie bench as Recorder of the of this metropolis. They have virtually re- meved him, and buve deprived this court of hia valuable servicer, his age counsel and his eminent ability. But they have done 60 only to elevate him toa bra! gol tant yet have made hiro the executive @ municipal affnire of this great city. We all fee} on the Ist of Jani next we shall have a learned and energetic offver to the chartered rights of this great mot: toget Igtions have been the most friendiy, ; That we have rarel: the numerous questions of law in the management of the affairs of the ww I shail lose a most and one whose place T thererore take my leave of trust that in the administration of the ‘about to ageume he may be as enocew ful we Deen in the diackarge of his judicial doties bere. clerk will enter on the minutes of the court ea sppropri- ate testimonial of the respect which we have “yr enter- tained and hall ever entertain for the nonorable John T. | Hotman, Recorder of the city and county of New Yorks TEE COURT OPEN ON NRW YEAR'S DAY~NOTIOR TO JURORS. ‘The January term of the Goneral Seesious will com. mence on New Year's Day, when his Hofor the City Judge will preside. The law provides that the court must be opened on the first Monday of the term, but the Jarors sammoned to appear at that time need pot attend Ul) Tuesday morning. Ugon the adjournment of the cout tHber of rament of the court « select nnitiber slamen, consisting of the Ju of the Supreme and cperior Courts, diatingviehed lawyers and prominent chy officials, and the attaches of the District Attorney's tepaired, by invitation of Mr. A. Oakey Hall, to Grand Jury room, where a splendid ner wae tn honor of the rotiring Recorder. After the a a, refreshed the taper man, Mr. | Heder han wea upon oye ayer |, Which was respon y the Mayor 8 and genial speech. Jndge Davies, ppeals, peid a high compliment to the vow | jecreral learning of the Recorder, and to U | evinced by the Distriet Attorney as public prosecutor. | My. James T. Brady responded for the bar. In the course of hie remarks he spoke of Mr. Gunning *. Bed- ford, Jr., one of the Assistant District Attorneys, as a he bad kaown from boy! man whom and who wae to see was rapidly ascending the ladder of fame, who bid fair to attain ae great an proferrion. Judge Leovard, Charles 8 Spencer and her gentlemen made 4) 8 and the compeny separated highly delighted Ok ine 'catrtstee ment Dec. 30.) rge Davia Duc Field ‘aue ge were in ie oy afew or, since ‘argo upon Governor Fen! pardon L were fortified by letters from Chie gue others inent in national politica. by Kevchum, and ji the creditors exception), unite, it is said, i . also, that Keichum 1s a9 4 witness much injustice will be ‘coun “pressure” brought to bear upon the Governor in the matter is very great. The Mre, Clement ©. Clay Still Here=The Conditions Upon which She Visits Her Husband, dc. OUR FORTRERS MONROR CORRESPONDENCE. Pores Mewnan, Dec. 29, 1865. Mra. Clay is stil] hare, and there are no indications 6f her visits to her husband being brought to a speedy close. Bhe remained *ith ber bhusbend till nine o'clock last evening, and thie morning, without stopping to take breakfast at the hotel, rejoined’ him again in hie prison apartment in Carroll Hall; snd it je am apartment with little of the rough and stern features of a prison about ito ponderons prison bars and damp walls and seanty and unwholesome food and rude, lynx-eyed jailer. His is @ enug, covéy room, and ibe same description is appli- cable to thatoceupled by Jef, Da with choerfal ap- pointments of furniture and cli iro ih an open grate, and books of varied sange—tistorieal, bioxraphic and all the departments of belle le tres, poetry, liction and the fine arts, for Mre, Clay bas taken her meals with her husband, And however epicnrean and fast\di hor tastee, I will ganrantee rhe hae no cecnsion to fault with the cuisine ag developed in the meals served her husband, This restriction is placed on her Visite—an officer \ present all the time, Thee far this rather disagreeable duty of forming tho third party hag doyolved on Captain Mitchoock, rv vook Marshal THE REBEL ATTEMPT TO BURN NEW YORK. Case of Robert Martin, Brought Up on a Writ of Habeas Corpus. IMPORTANT OPINION OF JUDGE LEONARD. The Prisoner Handed Over for Trial to the Civil Authorities, ae. &. &. _— Judge Leonard yesterday gave his decision in the case of Robert Martin, confined in Fort Lafayette on charges of bemg a rebel spy and attempting to burn the city of New York, The prisoner was brought before the Court on a writ of habeas corpus. The motion for his discharge was argued at great length Jast week, The case 1s an im- portant ono, as it is the first of its character coming be- foro the civil courts of this State since the restoration of the writ of habeas corpus, Mastin was brought into coi private soldiers and a licute art, accompanied by four nant. His. counsel, Mr. Larocque, and Mr, 8. G. Courtney, on behalf of the cov- ernment, were also present. Judge Leonard then pmceeded to give his decision, which is as follows: — ‘The applicant is held as p prisoner by Major General Rooker, who commands this mi jlitary department, under certain ordets issued from the War Omice at Washington by authorityof the President. The ordores for the deten- tion of the prisoner show no cause for the arrest; but tho return of General Hooker on oath states that he is chapged with the offence of arson in the night time, in the city of New York, in Nove boing at that time within the ber, 1864, and also with federal lines as a spy, he being at that time an officer m the Confederate army, but disguising his rank and character in the dress of a citizen. Phe question is, whether the prisoner is held by lawful authority. We look in the face of the process, where be fully disclosed. Indeed, ther whieh he is retained. vain for the authority on in civil cases it onght to re is no process at all by Jt is simply an order in the brief- est terms, directing Robert Martin to 6e transferred to General Hooker for trial. If the offences exist and are of a purely miitary character, I do not question the soMfciency of these orders, which the arrest which the _ prisoner Cf trial. for the arrest an was made, the miltary authorities propose to hold under the and under ‘The forms of proceeding trial of military offenders are not gov- erned by the sam¢ rules for the protection of the rights and liberty of the jeraon as are required in civil tribunals, ‘The former ia adoped from the stances exiating—jfien in camp—near!. ing summary action and the exerclae of © 10 express the intention of the The most direct lareu necessity of the circam- always requir- diseretion. officer, authorized by the usages of war among civilized nations to direct such momentous power, must be con- sidered sufficient, snd not sal jurists. The offences of arson ii statutory law of every State, as but the offonco of thing 2 spy or statutory law, and is one of a cognizable only i times of war, and havin, tinu its Ife, oxistence and and delined by purely military power. bject to criticism by civil 8 one well known in the well ag at common law, is not kitown to the etvil purely jnilitary character, Netuce’s teinyaal authority created, con- Ido not question that the erime of arson, even when committed in places remote ‘rom militai other places directly connecte camps, forts, ,arzenals or with military operations, as in the case of the prisoner, may be a military offence, and as such cognizable in time of war before a military court by the usags and law of of the governm nations, The protection and o° its individual members makes ‘war, armios and a gibmiesion to military rale in the com- munity necessity. When the necessity arises a military power is paramount, and the laws are silent. Bat war ‘3 our anomalous ¢ondition. necessity for milifary rale has terzninated, of the Jaw is restwed. During pression of the rébellion it was When peace is restored or the thesupremacy the late war for the as. deemed necessary by military power tosnspend the operations of the laws in the loyal States only. habeas corpus was\ concerned. #0 far as the privilege of the writ of is Teagure Was con- sidered necessary in tho exorcise of the war r public safety, and wis for the moat part for cheerfully eub- mitted to by the people engaged in the avocations of civil life, far removed from the active operations of armies in the ‘eld civil righ peril. called, by bis proclamat! habeas corpus. ecknowledgmen' Chief of the Unit Now peace has rejurned. 10a, the suspension of the writ of ‘The restoration of it the military as well as the civil States that poac is re-established, abiding with confidence the restoration of thelr its, reasopably abridged only during the national President has re- this writ was a public apd that the civil authorities in the loyal States are re- wired to resume the exercise ef the duties and functions ia to the conditions of peace, law Byes have now become, as before ordinate to tho civil. . The necessity Cor the resi, the instant visitation of vengeance & Wl ment of offences known and by the swift and hasty trial “military comm! the loyal States. of officers coming under the authorizing Congress ‘to make rul ‘and regulation of the land and ariving in the laud und naval bes ton, &c. These offences t j#ion that ‘‘no person shall be military ‘war, sub- “poula- mnish- a or low * nartial or »* hav ceased withint thé limite of 1 do not now refer to that ‘Verge class constitutional provision for the governmem naval forces,” and ‘cases forces,’’ such As mutiny, constitute an exception to hed to answer for a capital or otherwise infamous crime, unless on a tment or indictment of a grand jury. This al- reson Feston will suflice as an answer to the applitation of the authority of Martin ve. Mott, relied on by the counsel for trolling in the prerent motter, Time is wasting view fully the legal authorities that have ten 12 Wheaton, 19, so much the respondent as con- to re- ited by the learned counsel for either party, who have so ably aided me in arriving at my conclusion. A‘ an iliustra- tion of the exclusive jurisdiction of courts martial in eases arising within tbe land or naval ferces of the United States in time of peace, It is only névessary refer to the extraordinary case of tho United States va. McKenzie (New York, 1 New York J S71), where it was held that Jorisdiction m the case of on trial in the naval court martial on harbor of Otverver, the evil tribunals bad no Captain MeKenzie, then New Xork before a ac of «murder barge on the high seas, on board the United States sloop of war Somers, by hanging three of And asa further tiiustration that the dinate to the law before a civil naval officer for illegally assau! of his subordinates, though high seas under the color the service from courte of ely! them in that of courte mart! tary offences. of war and grest national that Congress derigne ji pergede th court Iting and imprisoning one the act was done on the uaval diccipline. The case is very instractive, but I cannot now attempt enything more than a reference. I have no doubt but that the act of Congress withdrew the cognizance of crimes im i] jurisdiction, and placed al. The act of Congress creating “iilitary commis-tons” seems to be a regula. i. It cannot be enp- that “military commis- the civil tribunals in a tine i ne Fi 4 a storatia anecsted by aud brough ‘His examin The CONCURRENT Mexie SEMULY OF INDIANA, (Parsed in the Houso of Representatives with one dis- venting voice, and in the Senate unauunousty, Decem- ber 21, Re. 156: Question. KESOLUTION OF THE GENERAL A> | 1865.) wived, by the House of Representatives concurring therein, That in the sense of this @ Assembly, in reference to the existing state of things im Mexico, the United States should ‘respectfully bat iirmly essert and maintain, against foreign governments, at all proper times and places, the separate and indepen- dent right of the people, without any foreign interfer- ence, jailuence or control whatever, to,continue or es- tabliah and maintain the government and policy of ite own choice, and expecially to assort and maintain that intr this question shail not be allowed to be alfected by the ction by foreign governments of foreign levies, mercenaries, arms or military provisions into that coun- try; and that every future attempt at such influence, control or interference will be juetly revarded as agyres- sive and injurious to our own policy and interests and to ourselves, Be iv further resolved, as the sense of this General Assembly, That, without any purpose of forsaking the just and bumange obligations of national friendship and comity, as required by public law, and especially when strengthened by ti veaties of amity, by which the United States has been sicadily governed, but as a means of compelling conformity to the same rule by other govern- ments, it ia the ate 8 gation of the rule such other of the United Stetes, until acknowledged by them, to apply to - overnments the sime construction of nea- 10 obli- tral and beHigerent rights, as to their internal and external enemies, they have applied to us, in derogation. of the public law. Be it further resolved, That the Governor be requested to communicate copies of these resolutions to the Presi- dent of the United States and to the Senators and Repre- sentatives in Congress, Am Important Legal Decision SUPREME COURT. Before Judge Barnard. Case of Charles Devlin Against the Mayor and City,-- This action was brought by the plaintiff to recover, for work done on the New Bowery, Fifty-seventh and Fifty- second streets, Fourth avenue, Seventy-ninth and De- luncey streets, the sum of $107,998, and for intercet on this claim from November 1, 1856, $68, ), making a total of $176,038. The cave was referred by Jndge Bar nard on February 20, 1864, to John B. Haskin as sole rforee to hear and determine, After taking over four hundred and fifty-pages of printed testimony, Mr. Haskin makes the following report:—That he was at- tended on this reference by the plaintiff, with hs coun- ngs was never confit ration of m sel, Messrs. Brady and Traphagen, and Mesars, Hackett, ‘Trull and Dukes, cowtsel for the defence, | first cause of action—namely, regulating and grading Fifty-seventh street, from ‘Third to Fifth he ae that the contract with Quin mehtione: a} and proofs vancil, and that no ap} was ever made by the Regaraing the by th mmon Council. refore the defendants are cutitled to judgment, dismissing the com- plaint as to the first cause of action. In the second canse rds of the Fifty-nocond street was not adopted by both ymmon Council in the same year, andthe contract with the plaintiff was never confirmed by the Common Council. No appropriation of money for car- rying out Deviin’s contract was ever mad+ by the Com- mon Council. ‘Therefore the defendants ace entitled to judgment, dismissing the complaint as to the second cause of ere one BO appropriation for ware to Franklin square, the defe plored ‘contract mentioned in this ‘The samo decision plainwf! Yorthat’ work, mor did joie clause ‘iven of this part of the comp!aiat, the Common Council made hatham Fourthly, the contract for ing Fourth avenue, from Seveaty-ninth to Ninety-seoons etreete, irmed, nor was any eee made e the Common Council. cision the same ag preceding. was never con- for that purpose defendants never executed Council never authorized the work nor made Any appro- priation for flagging sidewalks in front of Nos. oT B16 Delancey street. The head of the appropriate de- |e d never certified that the work was necessary. ,o same decision was given. All the causes of action contained in the complaint were thas decided by the referee. Steamship TO THE EDITOR OY THE HERALD. ‘On the last voyage of the steamship Australasian, which arrived at this porton the 29th of December, a young Swede, named Peter Anderson, one of the sea- men, fell from the yardarm during a very heavy gale of wind and was drowned, The passengers, moved by com- a for hie untimely fat held a meeting, of which TL. Macfarinnd, Esq., of Virginia, was chairman, and to Mr. low of the deceased, who had wly subscribed the sum of forty-seven pounds firteen iilings sterling, which bas been handed Cunard to send to the wid only been married ten weeks., BUY YOUR SILVER . LD. WORD. Table Cutlery, China, Glass, Earthane Pf a vurniehing Ritlclae trom “Ee D. BASS: Foie Building, Astar place, corner store, Dette 4 Mp any stove in QODA WATER APPARATUS | FOR sort arias the KD druggists, Patented 18M2 and i866. A gold he wan awarded 40 these a cn inguished Genoral who is magistrate before whom a writ of habeas corpus: by Taw be made returnable, to take such a ee ee Bere te wreseied and commit the all to be in the courts of this State, I can see hy the prisoner should not be tried for offence with which he is cbarged if the evidence is sufficient to make it the duty of ny lodict- fim. crime by which prisoner can by @ military court or commission without of the Provisions of the constitution of both the State and general government, eecuring a trial by jury. If the Of this Beate migh be poweree ‘an in. is it = fraction of the constitution; but the President has deemed it now proper to withdraw the upon the power of the courts to issue that writ, and to a the community in which we live the full bl of peace and the protection of the law. The other 4 alleged against the prisoner at this wrest, sere into insignificance whi trasted with ¢ ible mime of a8 Pith other confederates to destroy crimo of attempting, in here the 3 it exactly within the detini- in the the city of New York by fire in the night Mae, without regard to Ibe inevitable’ dewsraction offhyonn ite among the tens of thousande of non-comb«*nts, fon | youth and oe who were vel ce #0} prisoner wan not taken in had_ otherwise until after been disbanded fence of being 4 spy is tary “ribuneie tace the jaw person owing allegiance to cheaged in rebellion and- 10 we that he was not re arm ser to their that they should nor be iurther di mained and “‘mained in red an ovof the Supreme Court making ie goveremem to Gx the offence and ea pomeliy Op the United states, to the mere! jen hed homes with the isterbed if exclusively by mil. aif arms against authorities,” But Congress has not go extended the lia bility time the lh “eof war lar act the pris lurking or acting a8 a spy on : | seen Inacitizen's garb While to punishment against the for ite intlietion beyoud tbe poriod Vilized natone, + commitied indicating that be was cept Oh epy ns to increase the Win peri fact that he was holding an office in the as R. ar big 4 OINTMENT—-WAl Fe, without the slighte Raltrheum, all’ Bon kin’ Di Bowery, and by al! rrincipal druggist _ CONSULTATIONS ON nod other States, All other law fegn,the square. LRING, Counsellor at Law, 336 Broadway. AGNEW'S, 100 AND 262 or Murray. and there it 0 x0 THomas | Rohe tar ee else 1D ny for Pies, ol jum, wan a machi eed for’ wea to WILLIAM GRE, corner, and York. Entebl ois HB NEW IRISH WEEKLY NEWSPAPAR. An Irish Weekly Ni supporsthe cause of IP ntane Thy the United gonetal interests of the Irish will make ite first appoarance reba cy tbe drat week Janviary, under the name of the ISISit & Bt ie hinted that the journal will rt poramn ot nianiam, which do Sots boon on. ‘The best Irish “riers have the temperance societien##r@ pledged themselves to sup- t we ‘port the paper. a Hp BALL SEASON. Lo GUARY PALL mpd y MY SEO. AY EF a |AN., 28, 1800. mice To be had of the com- principal and music stores. Ri Gevexrerinet REGIMENT Wik Nn. oon ¥ R. PNY DRY GoupDs. A Payment taken by LARGE ASSORTM, FURNITURE. Bedroom sonriaar ey Bedding, Parlor ai id alin ng. Ba aCorees. aitane a arpa, corner | “a |