The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-12-29


OF the Court at its regular terms
At Twelve O'Clock Judge whcpley inquired il the Dis
trct Attorney ready 10 move toe case OF Harden, 70
hch Mr. Vlet responded that he did not think he would
be able the this day, Ia consequence o the
wished little time q consult With judge Rsndopa ead
said he would probably be ready morrow 70 proceed
with the prosecution.
Mr.. Shipmsn said he would not like to express any
opinion respecting the matter uati lac could consult with
Mr.. Williamson, who would arrive ia the afternoon.
uoge WhelVey therefore adjourned the further ccnsi
deraton of The case until half past two O'Clock in tue
afterpoon and tue business Of calling the panel Of jurors
was then proceeded with.
AFTERNOON SESSION.
At the time appointed tae Court re assembed aad the
small room In which its sittings held literally
crammed and jammed The gallery nlled with ladies,
among whom the mother ana sister Of the supposed
murdered Mrs. Harden They were dressed ia mourning
The young lady is what might be called pretty and said
10 bear remarkable resemblance her deceased sister
Mr. John Harden, the father Of the prisoner In
court and occupied seat behind Mr. shipman one Of tho
counsel for bis He Is a medium sized old man. Of
rather plain and unpFetendiug demeAnor becoming his
position OF u farmer In moderate circumstances.
AS will be seen from the suboned report the Is
likely 70 to the next term In Consequence Of tho
absence Of material witness for the defence
On Judge Whelpey ntimstps that he was prepared 70
hear counsel move,
DISTRICT Attorney Wet and said that after due
", VIII his asSSss Judge Randolph he had
until the following morning. By which time he certainly
would be ready.
The Court inquired the reason for asking this POSTPONE
mont, and sad he saw objection to swearing jury
now and proceeding with the case
Mr. viiet urged tho necessity OF further consultation
with Judge Randolph. The prosecution fully pre-
pared so far as witnesses were concerned; but little
consultation necessary.
until the term Mrs. Ramsay, he said, at whose
house the offence Oh poisoning was alleged ~ have been
present term Her testimony was OF tho highest i'm
por to the rights OF the defendant The prisoner
had been in Jail over nine months and his counsel would
great uDwlngness ask for consent to any fur
Their But tho character Of the evidence
expected from Mrs. Ramsay was OF such Importance
to BIO Indispensable. Mrs. Ramsay very seriously
yell, much to render II dangerous FOR her
venture here to give her testimony.
Judge Whepley the character Of the evidence
expected from the w1tnesSs
Mr. Shipman replied that Mrs Harden staying at
Mrs Ransays house for the period Of ten days previous
to her death. During all that time she with Mrs.
Harden and In fact the only witness to her whole
Illness
Mr. vlet, in reply said that Mrs Ramsay was witness
subpGnaed by the State and he had at frs. thought her
evidence Indispensable; but after fuller deliberation
he believed that the case could go without her. Most
OF the witnesses were present it was PROBABLE they
would never have fuller attendance of witnesses It
true Mrs. Ramsay was witness to verythng that
occurred at her house during Mrs Hardens Sickness but
there another witness who could testify most OF
the points expected from Mrs Ramsay. Looking at it in
every yiew without prejudice TO the prisoner and
sderng the Inconvenience and expense incurred By tue
attendance Of the Witnesses he thought the both
OF the public and the prisoner would be beet served by
Immediately proceeding with the trial.
Judge Randolph followed in similar strain on the part
of the prosecution
Ex Chancellor Williamson said II With the utmost
reluctance application further postpoaement
but he acted from OF duty. Il would be more
convenient to himself (counseD to 60 with the CAGE
but Mrs Ramsay was the principal witness. II the OPP
natural they should desire Mrs Ramsays ABSENCE but If
the prisoner guilty then her attendance
al She was, in fact, tho only witness Of tho whole
Judge whelpley said postponement In a case of SO
much Importance as the present, was by no means
matter Of cause the mere allegations OF counsel
specng the materay of absent witness The grounds
for such application, and what expected TO be
proved, should BIO set forth in affidavit
The prisoners counsel ntina,ed they ready
procure affidavit, and retired for that purpose After
hours absence they returned aud tho requ
dered that should be given 70 the State counsel for Ia
spectcn, and SAID he would decide on tho motion next
morning.
The Court then adjourned until TO- morrow morning.
The testimony Of Mrs. Ramsey Is said to be Of much
Importance During the nqust which was held after Mrs
Hardens death alleged that vial containing arsenic
found the mane piece ia the OF the deceased
lady s further alleged that Mrs. Ramsey testified that
she had purchased the arsenic to Kill rats and that she
placed there to Keep out Of the way Or her children
From the fact of Miss Smith, the young lady with whom
Harden ead to have been on intimate TERMS being
Rssf e hF pro-
babe now that the trial will be again put of until the next
term although Dr. Chiffon ana number Of other Witnesses
from afar arc in attendance.
SECOND DAY.
BELyrDHRK, Dec. %, 1859.
Before Judges whelpley, Sharpe and Davidson.
Tho Court convened at nine O'Clock this morning and
ss on the previous day, the room was greatly crowded
delay in opening the proceedings occasoned by the
absence Of Judge Sharpe there only judges
present the BENCH the law requiring thrceone Of tho
Supreme Court and two Of the Common Peas-to const
tute the Court OF Oyer and Termner messenger hav
ing been despatched for the absen: nber arrived
about half an hour, when
Judge Whelpey inquired counsel had any remarks to
make.
tx Chancellor williamson recalled tho fact, tina. last
September postponement Of the was granted until
the present time owing to the sickness of an important
witness on the part of the State. Now Providence
seemed to have again nterered and the counsel for tho
prisoner obliged ask further POSTPONE meut
In consequence Of the sickness one OF their Witnesses
1t evident that under the the trial
went on and The Judge shoud charge on the evidence
as would undoubtedly be the he (counse hardly
thought the Court would venture to pass tho extreme pc
nalty OF the law upon the prisoner who would
denied testimony which might have changed the verdict
Judge Randolph remarked that under the circumstan-
ces, the prosecution had no wish to urge the
menty.
Judge wheplcy inquired there was any proof that
subpoena had been served on Mrs. Ramsay and whether
her husband Of her relatives in court to sub
stantate the allegations in the prisoners affidavit
being announced that Mr. Ramsay the absent wtness
husband was present. be was requested to forward
touching the alleged illness.
Mr. Ramsay deposed-I am husband OF Mrs. Ramsay; I
reside at Mansfield township, Warren county my wife
at present at Newark, and has been there six
weeks saw her lost Friday; she then able to up
and walk about expect she win get homo three four
weeks at present she is not able to ride OUT phy-
clan has informed che could not bear ride out she
has fever other active disease she knew she had
been subpGnaed last week tho process Of .subp1nang
was eerved my wife; she then said she would not b.
able TO be at court; her physician also said
il wonid not be saie for her 70 DO at court.
rnOn Inn npinv nrrra I'D
70 render decision the application for an adjourn
ment He said this Of the first magnitude the
penalty the proof Of tho charge against the prisoner
being DEATH Mr.. Harden had been confined in prison
since last April and bis case was theforc ono Of great
hardship Until found guilty he entitled the be-
neft Of every doubt and TO fair and impartial trial. At
the September term Of this court, hts he prsoners)
counsel ready to proceed with the trial. but tho At
torney General for the State moved for postponement
on account Of the absence Of material witness The
Court fully approaching tho great responsibility resting
on 1t, allowed the case TO stand for future day.
and set II down for the present term. Now the
appeared 70 be reversed Tho State ready but the
defence was not and said they could notsey go with