The New York herald., 1845-03-21
Court OF Oyer ana Terminer.
Hypsor, Wednesday, March l9, IL
Judges Parker, Wilcoxson, Martin and Holdridge, O

HUDSON wednesday, March ~, 1915
Judges Parker Wicoxson, Martin and Holdridge ht
bench
The Court was occupied from O'Clock till IL, in dis
posing of civil suit commenced the previous day. The
jury having retired
District Attorney MILLER said Il will now move the
trial OF this indictment for robbery
SMITH A. BoucHror was then brought into court, in
the custody Of the sheriff, and placed at the bar.
Mr. JORDAN observed that he wanted to ascertain hat
required; to which the csuit replied, il better 10
leave that question till the proper time.
Mr. JORDAN replied on the part of his client, that he
disposed to undergo incarceration until another
term, in order to get impartial jury strong feeling
prevailed but ne would 10 the lace OF all these ocues
tain the mode Of selecting jurors II was in the power OF
the Court to direct the sheriff to summon jurors from any
locality, in order to obviate the objection.
The Attorney General did not see this was question
to be discussed at present. the question ever should
that the prisoner should have the benefit Of every doubt
and, would they insist that tine question of
monng taesmen should arise, the sheriff should select
MIR JORDAN acknowledged the fairness Of the remarks
of the Attorney General but felt himself bound to see 10
his own interests rather than rely upon the disnteresed
The CouRr said that it was enough to meet the ques
ons as they arse but did not see the necessity for act
Mr. JORDAN replied that in this uncertainty they would
not consent to go to trial although his client
ous to to trial. and that in the ace Of further ne
men, in his cell which obviously hurting his health
When he got sptted the point Of reck and his bark
foundered, it was te o 10 to change hi course
The DIST ATTORNEY wished it TO be distinctly under.
stood that there was no desire to leave the selection Of the
jury 10 the sheriff. en- Tie part OF the prosec ution
The CoURr Yves OF opinion that was better to proceed
to trial. in ordinary cases, without making any condi
lions
short time whilst counsel for the prisoner prepared ana
davit which he submitted 10 the court signed smthA
robbery and his consequent inability make due prepa
ratons for trial. that certain Witnesses importsn his
defence were absent and therefore alleged that he de
DISTINCT ArroRNxy MILLER declared the read.
ness Of the prosecution at considerable trouble and
fsc strong should be made by the defence be
fore postponement should be concurred in. Boughtons
affidavit had declared he unpIepared in the absence
Of certan witnesses for his sal but had not stated hat
the nature of their evidence should be. appears II
fort was made to summon these witnesses Hpt the middle
oil last week In addition TO this counsel had been served
with due notice that the prosecution was prepared take
up the the first day Of the term He repeated
IRON the fact Of the Court not being apprsed OF TIE mas
raty OF these witnesses their application was not valid
The Court knew that this transaction which took
place in the county of Columbia Why 20 to Rensselsr
delaying oseek their evidence until few days agorom
the fact of their going to the house Of these witnesses
Monday, that pains had sbeen token to secure the
there were great public considerations Why this
postponement should not take place. Much interest
was felt not only here but oil over the coNntry-
expense had been incurred and were they 10 POSTPONE
this great cause involving many interests, on trivial
pretex IL was important TO NIL concerned, and 10 the
ublc peace dispose Of these causes panel Of sixty
had been draw under the conviction that
the He and he hoped the Court would teke that view of
it. In addition the State had sent Of its highest Off
GERS tho Attorney General to participate in he,e trials
witnesses were subpGneed, and they were willing pre-.
pared and ready to proceed with them.
Mr. JORDAN was aware that the prosecutors had under
gone great labor and were they pressed to be- ready
to try the accused He might be ready also to test Their
innocence but he apprebended he not going 10 de-
fend them. All care had been taken 10 subpoena their
witnesses end dilgent search he'd been made them
His "a her inaw that he did this ell In good faith
he declared oath II it of absolue importance
that these trials should be proceeded with at this time he
would readily cencur in IL, and the So being
landholder hmsef he interested in the preservation
Of the peace. DR. Boushtcn these witnesses
Of importance but they did not think proper tell the
prosecution what they would testify On the second
Tuesday Of the last term they of,sed to 60 but
happened they were not ready would be the last thing
his client would do willingly incur further conns
in the jail Of Columbia under the keeping Of his part
cular friend the Sheriff. who might treat him very we'll
client.
The ArroRrrr GrrSRAL, John Van Buren, Esq said
that Ia his views Of the prosecution he felt inclined
proceed from sense public duty. Mr Jordsn had said
that the confinement Of the prisoner and the presence
the Sheriff were not agreeable to him. That
ally the eass he thought He believed with desire to