The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-01-27
THE NEW JERSEY RAPE CASE.
Cancellation OF the Testfmony-TheJ udge'
Charye-yersilct OF the Jury.
HUDSON COUNTY (N J.) CIRCUIT COURT.
nacas I.duo Oodan


CharKc-Verdlct Of the Jury.
HUDSON COUNTY IN. J.) CIRCUIT COURT.
Before Judge Ogden.
TUESDAYS PROCEEDINGS
Mrs Elizabeth Bennett sister Of the GIRL was again call
3D. about the ninth tenth day after Harriet told
her Of the occurrence and about Ave six days after Dr.
McCready called cannot remember the date exactly Har
told witness the took place the Saturday
before she came home Nothing further Of importance
was elected from this witness.
The testimony for the prosecution here closed and the
opened for the defence brief address to the
jury by one OF the counsel for the defence
The first witness called John Pate, plate printer
dorg business in Baltic street, Brooklyn He testified 10
being acquainted with defendant and doing business with
him Saturday the 9th Of july at his place Brooklyn,
late in the afternoon of that day.
William wellstood testified in confederation OF Mr..
Pates evidence.
s. Lee Perkins knows Hollyer was also present the
occasion alluded TO by Mr. Pate.
mont House, Fui,on-sreet, New York has known Holl
yer Line years. saw him at Pates place on the day in
question. about three O'Clock in the afternoon.
Vim. Pate (brother of former witness OF Same name)
produced memorandum book, containing IN entry de-
signed show that the defendant at witness' place
OF business In Burlng slip, on the day oil The alleged oc
currcnce.
Albert Ward (now living at Hudson City, testified to
Hoyef's beng at his (witness) employers, Mr. Gilbert
O'Clock Bulls ferry boa, on the 9Th OF July.
VIM, Cablc swore that he felt great interest in the
in behalf OF the defendant Had not offered TO bet
that be could show Holyer TO be not guilty.
lad named Jacob wynds, who resides with his uncle,
adjoining Mr Holyers testified TO having heard proane
language and observed very improper conduc. the
part OF Harriet The uncle of the boy German named
aoGmre also testified 70 improper conduct the part Of
hr Hollyer the defendant was placed upon the stand
and testified that he had any improper intercourse
with gr she was taken sick on Monday the lth of
n M a firm aatia p
curran she continued TO grow worse and Wednesday
he sent her in carriage TO the house Of Mrs Benne.
her sister in Houston street, New York.
The girl Harriet recalled and denied any improper
conduc, as sworn to by the German and the boy
The evidence was here Closed and the Court adjourned
till The next morning
WEDNESDAYS pRocEED1NGs.
The Court assembled at ten o'clock, when Mr.. Wake
man Immediately proceeded TO sum up the the
part OF the defendant in able He occupied
the Court about two hours aud half his remarks during
this time being listened to with the utmost attention
lie was followed by the counsel for the paintG-Mr
Jelfwho stated the case TO the Judge and jury in
able manner.
THE JUDGES CHARGE TO THE JURY.
Judge Ogden then proceeded 10 deliver his charge To
the jury amidst the profoundest silence He commenced
by saying ~
GEs,lExEs THE JgRy-Tbe which to be sub
m o for Ssr @ one Of a
most in its and IN the
rounding ccumsiances The plaintiff alleges has
his vile VINO lived :. Bull: Ferry he banks Of Had
M ss s @so e e.. se er o.r sa A sn lee
sr sh b. s and a., for By
end being chldsss BY his wife, who Of
scuonor servant but rather As an adopted
d or and T. s Mira Hoyss
eat az ihsir table TIA. TO such effect
teoourss the family circle was pe.ssns and ssis.
% Is s.. 'ssn' the
e. t lady sos
70 come pupil. whom she was ts.chrs for he Of
we're
berries could and then
ssss o ana ana fondas which
be personal injury her 4 she revealed bis
snS nsd
instincts Of she Oouceaed The base ACT from
becoming nsdss sseassn Which ise,: lei o
ce.r manifest se had seen CO
hahed with whereupon she related 70 her sister the revolt
. and ooa@sn.sd + bearing & 81. b du.a sss
him with under oath as wi:ness@he Is guilty Of he a:ssn
and battery with The aesravauons get forth The declaration
s,.. J:
rage But gentlemen. ooy one g eat uss
dsfeodani He is married man, just il the ssnmsr q
ss for ,.s T.
cistng with his wife required by conugai re.
who ss r =:
a Row gentlemen We: done
e
spot the could be seen By others
and false hold over male members Of family and when
charge 81 The Ss ~ one made
search most critically and for the truh-no only for
"a his @
Az, and ale M
w sssriase an exposed girl to his oess'y lu.ts 4 the
Courts e defendant would have seea len Without the he
pSSsr Of the S testimony Of The girl By b.
germ;;.d q be witness for hnsef But the law Is dit
the witness stand his defence. He has mos poarey
% e he Win Sst
sou You have before you too gs fourteen wears Of age
4 fs e q ana 5
also have the subec. the accusation swearing that he
Of and therefore one Of them must have been
sworn and h.ys ~ul and corrupt perjury before
stream OF justice. 1t is fearful thing when truth,
80 HIDDEN and cSscured through he insgan Of
the devil But gentlemen, which of the Is TO be stg
your verdict paint only sustained upon clear
hmrs and yoa verc Tor the dsisndsas cam Only BE-
by your that the girl has foresorn HERSELF
VIVA. aid you derive from cnrroporaug from
Ing circumstances either stes The defendant hss at
thow, by testimony OF Catherine Walters
young gr living a the neigsborhood that Monday the m
of july the plaintiff In her usual health and sprs doing
GRAND ct the butchers shop half mile distant Mr..
Hollyers house. which. true initiated against Harriets
condition Of having been seriously injured Saturday The
plaintiff examination. sdms hsi .he was perfectly well
the occasion spoken OF by that witness; abe recol
lects going for but she that occurred
| tho Monday before the 4h of july and tue
settle which Of the two Witnesses most likely to be IN,
ajury they nifty do because the abhors
perjury Now upoontrsdicted before you that
plaintiff sick during Monday night tho 18th July,
that Ms honyer sent for physician and that Tuesday
morning Mrs Holyer vert To York and informed Mira
Bennett Of ,be plaintiffs sickness You whs
ther the Of her suffering originated saturday she
probably would have been buoyau 10 Spirits and lively
motion in the interval Of time of Monday before she was
bed Catherine Walters
have the Monday abe refers Cahernewho Gays
that she remembers the tmeremarked that she was in
hurry go back because she had pick
crrrAns appear 70 have been picked the Mon
day aer the h OF July
expected have been PICKED by
day The defendant has also atsem pted mpeacd