New-York daily tribune., 1859-12-29
TRIAL OF THE REV. JACOB HARDEN
FOR MURDER

BELyIDERr, N. j., Dec. 81, 1859.
AFTERNOON SESSION.
The Court opened at u o'clock all the Judges being
present. The courtroom wss crowded more densely
than in the morning The gallery was filed with
iadies
After silence was obtained the Prosecuting Attorney
aroee and said that after consulting with his associate
Judge Randolph, he would ask the Court to lay the
case until tomorrow morning, In order to prepare
the more fully for trial.
Mr.. Shipman stated that Mrs. Ramsay the wife of
Mr. Ramsay, at whose house the defendant boarded at
the time Of his wfes death, is not present in Court
although subpeDaed by defendant; and without her
testimony, which ofa very important character the
defense could not safely go on with the trial Mr'
Ramsay is sick, and cannot attend at this time: He
asked the Court to put off the trial until some future
Judge whelpey-what do you expect from this
wtueesf
MrShipman-The wtnesswas thlleceased for ten
DAYS or more before her death. We intend to prove
by her all the circumstances connected with the sck
ness and death of Mrs. Harden.
Mr'yleit--The witness alluded TO is absent and sick
and cannot attend at this time. She is u very impor-
tant witness for the State, and entertain grave
doubts whether the State should 20 trial without her
testimony, but in view Of all the circumstances Of the
occasion we now conclude to proceed without her.
Judge Randolpb-The case has been Of long stand
ing, and should not be postponed without the most
weighiy reasons.
Mr.. 'Willamson--It is with great reluctance we
make this application and only from sense OF duty
that we do So AS counsel we are prepared, and we
would prefer 10 try the indictment now But Mrs.
Ramsay is the witness in the case for the defendant
and she knows all about il. We cannot go to trial
without her testimony, without putting the life Of OUT
client in jeopardy.
should be presented TO the Court by affidavit that It's
msteriality may be seen and judged. The indictment
will not as matter of eourse be put of on the mere
statement of counsel The defense will, therefore,
flo hat
the Court can Judge of it's msteriaity.
Mr.. Sbipman-We will do so az once.
Counsel for defendant then retired 10 prepare the
affidavit. AT ~ o'clock the Court discharged the
Jurors until to morrow morning.
After being absent about an hour, defendants coun-
sci returned TO the Courtroom and handed an am
davit Of the defendant to the Court, to be read pr
vately which was done.
After reading it, Judge Wbelpley asked counsel for
defendant 70 verify the facts contained therein by their
own affidavit, and, after doing co. 70 hand both OF
them 10 the counsel for the State for their examina-
ton. The Court was then adjourned until "Wednesday
morning at o'clock.
All sorts of rumors are current here concerning the
absent witness Mrs. Ramsay. One is that she was
and by the defendant. Il IL very singular eoin-
cdence that she is regarded by the State and defend
ant as a very material witness for both.
SECOND DAY-NORSISG SESSION.
"WEDNESDAY, Dec. y, 1883.
Court opened at 9o'eloek. Courtroom pretty well
with the application made by defendant to postpone
the case.
Judge whelpley-Haye counsel anything to sayl
Mr. Vle.-We greatly desire the to proceed.
Mr.. Wiliamson-At the last Term the defense
ready for trial. but account of the sickness OF
witness on the part Of the Sete, the case was put on
We are now ready TO try this case, but witness u
sick, and cannot be got at this time. WIZ the Court
proceed under these circumstances
Judge Randollh-Under present circumstances
counsel for the State do not urge this case on but
would leave the whole matter with the Court.
Judge Whepley-Is il admitted that the witness IS
too sick 10 be here II not, the Court will require
proof Of the fact. Idoes not appear that she has been
subpenaed.
M Ramsay, sworn.-I am the husband Of absent
witness; she il under the Of ply scanj saw her
last Friday; she was able 10 be out then; expect 10
bring her home in three four weeks has no active
disease such fever; told her she had been SUB
penaed process was left at my house last week ior
Judge Whelpley-Ths Is a Gaze Of the first import.
ance The defendant is supposed TO be innocent until
found guilty. he entitled 10 fair trial Atthe last
term the case was put Of the part Of the State on
account of the absenee Of important witness The
The case then stood until this time. The STATE
now moves this trial. Defendant moves TO postpone
the TO future time on account Of the absence o
A material witness. The affidavit Of defendant Dis
closes the fact that the vtness was the mistress OF he
house where the deceased resided; that while SICK
| Mr. Harden wished to send for a ply slean, but
| she refused 70 let him do 20. The aitdayft
| slso dscloses many other circumstances important
to the defsnse We feel very reluctant 70 postpone
the trial but Of justice requires us 70 90 90 IN
view Of hll the circumstances OF the e&s. Inc test
mony Of this witness It 70 u.s. eannos be supplied
by other witnesses. We therefore think that th ap-
phcaton, made IN good faith, should DO granted The
order Of the Cour therefore "a that the case Do post
| pcped
Mr. yleit-I sm Satisfied that II viii be impossible
for he State be ready until the next regular tenn
therefore ssk the Cour 70 lay the case over unit
that tine