New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-06-08
The Case Of Jacob 8. Harden.

TaEsTos, Thursday, June 7, 1860.
To-day the counsel engaged in the Harden case APP
reared before his Honor the Chancellor, to make AN
application for writ Of to take the case before
tie Court OF Errors and Appeals. Messrs. ShiPuan
and Bradley appeared the part OF the prisoner ana
Mr.. Robson and the Hon. VIM. L. Dayton on the
part of the State Mr.. Sill yman proceeded TO state the
objections ss hey allowed by the Judge during
the trial. The inst objection made was to the indict-
ment. II charged the oiense to have been committed
on divers days from the LIST 10 the 9th OF March. Tho
charge was laid with continuendo, and not on any
particular day. The authorities were cited TO show
that there must be definite time fixed for the oense.
The counsel proceeded to show that this was very des
Iimenial TO The pIlsoners case lie had right TO
complain. He had been compelled to account for his
conduct, &C., during this whole time.
The fret objection in the bill Of exceptions was that
in the case of Juror where the challenge TO the
favor the Court had refused to appoint riers. This
Juror had expressed opinion in ference to the poi
son before he was sworn. The Court decided it was
principal challenge and tried the Juror. The defense
objected, al the Court overrued tho obje tion. This
ruling impaired the rights Of the prisoner. 1t was
clearly challenge to the favor, and the prisoner was
entitled 10 the benefit of triers.
IT second objection was that diagram of Ramseys
house was presented, and Mrs. Ramsey, who did not
make the diagram, was allowed a witness to prove
il correct. The person who made the diagram should
have hrst provedit to have been correct
The third objection to the declaration OF Mrs
Harden that she bad bee0 sick, made III the absence OF
the Irisoier given as evidence, anything else she
said while there in the absence of the prisoner
lie fouthy objected to the admission OF the letters
as testmOny FIRST because they were too remote IN
point of time and second, because they were not adj
nitted 10 the prisoner.
The counsel proceeded to show that these letters
were illegally admitted, and were very damaging to
the prisoner, iwphedly charging hun with seduction.
| They told severely against HIM.
He 9Th objected to Isaac Sligers testimony as to-
tally irrelevant. This witness detailed conversations
with sundry persons about the contract to marry Miss
Dorland. This was peudicia TO the prisoner, espe-
ciay when the prosecution was pressing Tor motives
Tie sixth and seventh objections are of the same
character.
lie eighth objected to Hegbcht the Easton druggists
Testimony fl should have been received unless
his identity Of Harden was clear. He did not say he
was the who purchased the arsenic, and therefore
Lis testimony 10 what ths person supposed u nave
been Harden said, was Illegal. This was greatly
preiudicia 10 the prisoner. Everything depended on
Tie druggists testimony. 1t was destructive to the
prisoner. >.
Mr. DAYTON proceeded TO answer these objections.
lie sad aae not here to argue the case, but simply
to make the several matters III The exceptions clear
! The granting of writ of error was writ OF
| craze and the Court would not giant it unless at
least NINA f0cie case shown that the party APP
ryrg must have been injured the merits OF his case.
The two points 20 be looked at were FIRST is there an
error And secondly that is fatal to the prisoner.
The objection alleged the indictment not such
a one az was preudial TO the prisoner on the merits
! vi his case. When you feed "a person with arsenic
from day TO day Tie idea that you would be compelled
| sound. Tie indictment, however, Il IN proper
form, having been drawn from the best authorities.
There was nothing in the objection made TO the ruling
OF the Court in regard TO triers. The prisoner was
certainly not pleudioed by the trying of the jurors by
The Court lie referred The Court, as complete ans
wer to this point 10 the opinion in the Fox case The
objection in reference 10 tno diagram, and me te6il-
mOuy of Mrs. Ramsey concerning II, was trllng III
was "A simple diagram of the house, and Mrs. Ramsey
was arb I'd Wheeler the fro t door was here and an
| other door there, as laid down III the diagram The
objection in reference TO Mrs. HaFdens declarations,
| il was a sufficient answer that the prisoner had
| made these declarations himself, and was present
when they were made. The objection made TO the
| letters wap not wCll founded. Harden had admitted
that he had received some Of them. They were inro-
du,ed to show That there was 10 feeling Of affection
between Mr. Harden and Mics Dorland ana tnat ne
wac trying TO get out OF the engagement ne hau aue'
The greotes beray had been allo wed the prisoner
me- Cont had allowed him every privilege giving
| him the advantage of every donbt The testimony III
rord 10 The release was introduced for the same pur
nose to show that Harden had no affection Tor her. All
| The declarations had bearing on tbs poinl.
In regard 10 lleochts testimony, and the objection
10 a. Introduction it important, because Harden
lad been e. iced 10 Easlon about noon on Monday;
! WAS about this time the arsenic was sold Inc dfug
eist had picked ont Harden among number OF young
men and i was important therefore to prove the con
yersation Mis. HiuGen bad partially recovered IRON
the doses received to the day he goes 70 haSlo u"
| ~ soon as he returns home she grows worse.
| NOW every word that was sad TO the Druggist 10y
the reron Tho purchased The arsenic was important Il
see whether il agreed with iiardens story =,
Mr. Bradley closod tie argument on the part OF ii'
defense and referred TO the same points made by Mr.
Slifman, and giving additional reasons why writ o
error should be permitted 10 80 10 lhe COurt ABOVE
After alluding to great many facts throwing favor
able ht on the prisoners case, he urged that the VIII
ought 10 lie granted where there is probable error
and lo coneDdd that there was clearly an error m al
OF the particulars named.
The CONT said the opinion would be given on Sat
urday Monday.
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