The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-08-21

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any active enterprise prior to the proclamation of
peace.
where his father we'll known to the travelling COM
mupity as the gentemanly aud accommodating pro
pretor of the Henrie House The old gentleman some
years since removed to Natchez, where he kept the
Young Heprie of great energy OF charac-
ter and perfectly fearless Of dapger and the above Is
but mesgre sketch of what might be written. In all
ruthfulness, Of his numerous achievements aud hair
breadth escapes. He was one Of the most unsrring
marksmen OF the ale and for horsemanship with Lane
a. the Marion he the Jasper of the Mexican
paign As friend and companion, he remarkably
social and unalerable in his attachment-but a foe
no impscable and would all lengths to punish
an indian or Mexican aggressor.
CT him. until the electric current bore from West
East the news of his departure from all sublunary
things He expired in the Hospital Of the Sisters Of
Charity at St. Louis Friday last the 18th Of August
Interesting Cases In New Jersey.
The adjourned session of the Court Of Oyer and Ter
miner before the Chief Justice of the State Of New
Jersey, and Judges Van WDkle Garetson and Cooper,
was held yesterday The court met at three O'Clock.
Several persons having been presented by the Grand
Jury for allowing nuisances to accumulate on their
premises, and for selling liquor on Sunday contrary to
the form Of the statute In that made and provided
time.
The Hoboken Murder Posiponement of the TriaI-
true bill had been found for the murder Of his wife,
in Hoboken about the 18th Of July last brought
into court and accommodated with seat within the
bar. The wrctched looked pale and terribly de-
jected, although the expression of his counenance
rather calm than othsrwise certainly not of such
character as to warrant belief that he capable
of perpetratng foul deed the with which he
stands charged But, at the time when he is said to
have babsd his hands in the blood of his poor wife,
he q manisc-his having been dethroned by
the dreadful agency Of the liquid IRE which he had
been bibng for several days previous to the awful
fra Hsh oil head Town nudh his mi siv
signs, which quite audible told Of the tumutuous
and painful emotions which were passing within Now
and the he would raise his head cast vacant glance
at those around him. and then let it almost fall upon
bis breast.
Mr. WHITE moved that the prisoners trial be post
poned and in doing he said that there cogsnt
reasoks for asking the court to grant the motion which
be would have their due weight in the proper
quarter The leading counsel Of the prisoner alb
sent five Of his witnesses, whose testimony
Of the utmost consequence to him, and without which
he could not with saey proceed to trial Three of the
witnesses resided In Michigan and the other two In
the State of New York. II might be objected that the
prisoner could have anticipated trial.
but no accused person Was bound to make any such
preparation until after he had been informed that the
first tep towards bringing him to trial viz the finding
Of bill Of indictment had b. en- taken. The prisoner
had had opportunity OF cenferring with his
sell Of sending to Michigan for those material wit
nssses. The cholera had made Its appearance In the
State and at present several portions of the country
were suffering severely from its effects There
knowing whom 1t might attack-sll were liable. The
cout the counsel, important witness Of the
jury, might be- taken down; in that case he sppre-
heDded there would bo an end Of the trial until the
next term, when the whole ceremonial would have to
be gone thI opgh again. IL the charge baiable
one then the would be dIeren but II the pris-
oner WAS guilty. he could not escape the condemna-
tion that awaited him lie would be within tho walls
OF the prison to the call OF justice whenever 1t
was made. He 1.-THE learned geEtleman) assured the
court that he did not ask for the potponement Of the
trial for the purpose Of delay he had such in
tention and II the prisoner had given him such
intmstions, he (he learned gentlemsn would not act
upon them The Witnesses who resided in the state Of
New York would prove facts independent Of those
therefore the testimony Of the whole was Indispensable
IL public justice would not suffer from the postpone
msnt of the trial (and indeed 1t was impossible that it
could he submitted that he had laid before the court
fufhcient grounds why the motion should be granted
At the suggsston Of the Chief Justice, affidavit
setting forth the above mentioned facts made by
the prisoner, read TO the court, and then filed.
The PRosEcvTIrc ArroRssr said that he had not
discovered any sound resson why the trial should be
postponed The prisoner had had ample opportunity
Of preparing tor his trial since last July and as to the
allusion which had been made to the fatal disease
to the court the counsel the jury and the Witnesses
he would make no reply, being perfectly satisfied to
leave that question to the sound discretion OF the
Court The Court would regard the objection raised
upon the probability OF the cholera attacking the jury
and the witnesses In the course Of the trial. In no
other way than 20 far ss the psctcsbiity OF the trial
Was concerned but rs he had already said, he would
leave the matter In the hands Of the Court being quite
convinced that in doing so he was perfectly right.
The CBIrr JusTcg said that the general practice Of
the Court was to try persons charged with the COM
mission Of capital offences Immediately, or With ~
tledelay possible, and for these OBJ vious
IL due to the defendant himself II innocent that
his innocence should appear 1t due to the public
that the offender shoula be promptly punished and IL
duo to the Illustration of Justice lest the State
might lose the witnesses But the present application
came before the court with peculiar force, and
under peculiar ciroumstancss The defendant al
l.ged that he was poor and he had made an
affidavit as to the necessity Of having the ties
timony Of certain witnesses, whose presence could
not 1t present be procured Under such 'crcumstan-
ces 1t would not be satisfactory to the Court to the
public that the trial should proceed The only doubt
hx had To fla NJ oin.tn
cal section for the trial Of the but his brethren
Of opinion that that not expedent as would
not be tried until the latter end OF September. The
Court had been Influenced In It's decision by another
ressoDvz that the Prosecuting Attorney had stated
that there was no probability that the state would lose
any of the Witnesses IL was agreed that the trial
should take place on the second Mendsy ih september
The Kelly GnGds-.4 duplication 10 Postpone ne Iyiaf
Of The R'ors MIR Bently applied to the Court to have
fbess trials put Of The grounds upon which the APP
plicstion was made were tbese:-That undue excite
prevailed about the matter and apprehension
on that account on the part Of the defendants that
they could not obtain fair trial until after the excite
mept bad cooled down
The Chief Justice said that the defendants must
come into court tomorrow (this) morning and make
aidsvits Of the facts which their counsel had stated
The court adjourned at bafpast o'clock, until 10
O'Clock this morning.
tits with much pleasure we sokno~ledge the kind
ne,s and courtesy Of - Jaquins, Esq the Sheriff, In
providing us With accommodation aud in giving
position where enabled to hear both the court
aud counsel On behalf Of the Herald we beg to tender
him our best thanks
Tvs L.rr Traerpr ~ MroHre.s.-The following
particulars OF the tragedy In Yorkvle, Michigan We
CLEAN from the Syracuse Star Of the 18th instant.
Speaking Of the murder Of young Kellogg by his father
the writer ssyst appears that the elder has for
some time suspected the mental ALTERATION OF his
father. and thought he might commit suicide MIR.
Kellogg seems to have entertained the idea that there
would BE- famine, and that he would not live long He
said he did not think his capable Of supporting
Themselves without his assistance aud counsel. and he
wac determines to take both with him. In order 10 Mill
William he detained him at the store until all the rest
had left. lie then wrote two three letters and
copying. he went to the tavern procured an re-
turned and put II down behind his Who observed
him, but had idea fathers hand would be raised
against him But while engaged on the second letter
the insane man raised the struck him with the
blunt end the back Of his head breaking his skull
most horribly. William fell from the chair and vas
repeatedly struck. the blows terribly msngiipg bis
head Mr. Kellogg then shut the door and locked IT,
and With the went TO the house Of his elder sn