The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-05-10
Our Rochester Correspondence.

ROCHESTER, May lS49.
The Special Court of Oyer aud Ierniaer for the
Trial of DR.. Observation-Disclosures for his
Final Discharge-The Trial put oper for the
Nert Tsm-Ihe Prisoner in Court, &C., &c.
AS wrote you this morning, that the long con-
tested trial of DIR. John X. Hardenbrook was about
to come off this afternoon, long before the hour
arrived, the courthouse was quite crowded with
spectators, and large number of Jurors that had
been summoned to attend this especial term"
About halfpast 2 o'clock, Judge Wells and his
associates, together with the counsel upon both
sides, arrived The court was then organized, and
Col. Charles, the crer of the court, then proceeded
to call the names of the grand and petit jurors, and
out OF sixty that had been summoned to appear,
about forty Of them answered to their names;
when the District Attorney arose and addressed the
court, saying that, IN consequence OF the short no.
tice that he had received of this special term some
informally had occurred in his preparation for the
trial. and also, that an important witness was out
of the State, and he could not safely proceed to
trial at this term. After which, the Judge dis
charged the Jury from any further attendance at
this court The Judge then asked the District At
torney whether any more business was ready to
come before the court, when his Honor was told
there was; and some five or six prisoners were
arraigned, that had recently been indicted which
was soon disposed of by bail having been given for
their appearance at the next regular term of this
ton were now in attendance, and called upon by
M Bishop, to enter into their own recognizances,
TO the amount of $500 each, for their appearance at
the next court; which was soon done.
Mr.. Seldom one of the counsel for DR.. Harden
brook, here arose, and occupied the attention of
the court by reading long affidavit, sworn to by
the Doctor which asked for the final discharge of
the prisoner, that he should be admitted to put
Of the court The reading Of this affidavit was
followed by many able remarks of Mr.. Seldom, CIV
ing his grounds for the application for the Doctors
discharge. CAT this point OF the proceedings the
courthouse became very much crowded with
spectators, which created some considerable noise,
but order was soon restored) For one of his prin-
cpal grounds for the discharge, he quoted the fol-
lowing section from the second volume of the Re-
vlsed Statutes, section ~, page 1871
{" If any prisoner indicted for any offence not
trlable in a Court of General Sessions, but which
may be tried In a Court OF Oyer and Terminer, and
committed to prison, whose trial shall not have
been postponed at his instance shall not be brought
to trial before the end of the next Court Of Oyer
and Terminer, which shall be held in the county
found, he shall be entitled to be discharged, so far
as relates to the offence for which he COM
mtted''
After the above section was read Mr. s. then
strongly alluded to the health of Dr. Hardenbrook
becoming quite impaired by his being kept so long
in close confinement.
lie, was replied to by the District Attorney, who
the time in which the regular term would
come on was so short, and that the charge against
him was one, OF the highest offences, and a
charge upon which man should be held till such
time as he could be fairly tried.
Mr.. Seldom arose again, and brought forward
many other grounds upon which he asked the dis
charge OF the prisoner.
He was then followed by II. G.. Wheaton, the
acting Attorney General, who made quite
lengthy and able speech to the court, in which he
discussed many of the points which Mr.. Seldom
had alluded to, and gave an illustration of them
yhVyf Tho CHI hA nhar.r frD,,,
custody.
After the conclusion of Mr.. Wheaton speech,
Mr.. Ii. X. Smith, the late Postmaster of Buffalo,
lwho has recently been engaged on the part Of the
address 10 the court upon this question He was
listened to with profound silence by all that were
insthe courthouse; his speech was eloquent
one, and'ofsuch nature that tapparently appeared
to have an effect upon the Judge and his associates
After Mr.: Smith had concluded, the court gave
their decision, that they did not deem the case one
that they could either discharge admit the priso-
ner to ball. and that the time being only two weeks
they thought it best to have the prisoner remain IN
custody; and he was remanded to Jail to await the
sitting of the next Oyer and Terminer, which will
commence on the third Monday of this month. The
District Attorney then gave notice that he would
take it up on the first Wednesday of that week.
During the above proceedings, DR.. Hardenbrook
was brought from the Jail to the courthouse, in
custody Of an officer and took his seat beside his
great fortltude, and his appearance has not in the
east changed since saw him upon the examina-
ion before Justice Moore, only that he appears as
hough he had grieved considerably he has now
been in close confinement about ten weeks, and
has over two more long weeks to SO remain before
he can have his trial,
The public feeling and sympathy since his ex-
animation, appears to have divided good deal,
and many of the people of Western New York
have now made up their minds that he is an inno-
cent and injured man but short time will soon
tell the story.
l have understood that several witnesses on
the part of the people will be brought up at
the trial who were not upon the examination.
The trial will create excitement in your city, as
well as here, in consequence Of the Doctor being
an old resident of New York. G.