The Lambertville press. [volume] (Lambertville, N.J.) 1858-1???, 1860-01-04
The Harden Trial Again Post
poned.

says the Warren Journal, and court
was Immediately opened, aSso ciate
Judges Sharp and Dawson on the
bench The Grand Jury being sent
out, and the Common business and
Circuit list disposed Of the court asked
Mr. Vliet, prosecuting attorney, if be
was ready to move the case of the
State Us. Harden He replied that
hewaS not to-day, but thought, though
he had not had time to confer with
Judge Randolph, (who appears in the
place Of Judge Dayton, who had not
been able to get here to-day that
they would be able to move the case
tomorrow Mr.. Shipman said, for
the defence, that they had no applica-
ton to make to-day. Ex- Chancellor
Williamson, one Of the counsel for the
defence, would not be here until to-
morrow. No order was made. Court
adjourned until two o'clock, P. NJ.
2o'cLoCK, P. M-Mr. Vliet remarked
that after consulting with Judge Ran
dolph, he felt prepared to move the
case of the State Us. Harden to-mor-
row. (Court, why not this afternoon p
The cause was all ready for trial but
few of the witnesses were not yet pres
.ent and they would prefer not moving
until to- morrow.
Mr. Shipman said that his associate,
Mr.. Williamson, had arrived They
had consultation among each other
and with the prisoner A large num-
Der of witnesses are present. The
prisoner and friends are unaoiIllnq to
listen to the idea of putting off the
case on his account Counsel are
Uery MooOiLlinq that the case should be
farther adjourned. But Mrs. Ramsay,
a very important witness, is now I'M
der the care Of a physician at New
ark, and cannot possibly be present
without endangering her life. De-
PENDANT cannot safely go to trial with
out her evidence She is the only
witness to some Of the material facts
of the case Under these circumstan-
.ces, counsel for the defence feel con-
strained, much against their will to
ask that the cause be adjourned Mr..
Vliet said that the facts stated were
true. That the witness who is sick
mad been considered from the beginning
as an important witness for the State
also +; but upon the whole he thought
that other witnesses to the facts to
which Mrs. Ramsay was expected to
testify might be found. The court
was acquainted with the circumstances
and knew the difficulties with which
they had contended. Witnesses were
liable to be sick at all times, as there
is large number of them, and there
might be no more favorable time than
the present.
Mr.. Williamson-It is with very
great regret that we make application
to put off the cause So far as our
selves are concerned, We are all ready,
and it will be very great inconveni-
ence to them. But Mrs Ramsay is
the witness in the case. She is the
only eyewitness to many of the facts.
Mrs. Harden is said to have been poi
soned in her house. She only was
present all the time, and waiting upon
her and taking care Of her. If Mr..
Harden is guilty man it would GER
tainly be better for him that the trial
should go on in her absence if he is
an innocent man he cannot safely 90
to trial without her testimony. The
facts expected to be proved by this
witness are gerry material. He offer
ed to submit the notes of counsel to
the court. The court asked that an
affidavit Of sickness and materiality of
the witness be presented in the usual
form. After retiring from the court
room for some time, the counsel for the
defence presented an affidavit to the
court, which was perused by the JUS
tees in silence. Having deliberated
for few minutes, the court directed
supplementary affidavit to be made by
the counsel who prepared the cause
for trial, and appended to that of the
defence, and copy of each furnished
to the prosecution. The court would
hear what remarks they had to make
in the morning The affidavit of
counsel was directed only because the
court was unwilling to establish the
precedent of putting off case of this
kind on the affidavit of the defendant
alone. Adjourned until 9 o'clock to-
morrow.
WEDNESDAY, 9 o'clock, A. M.
The court asked if counsel had any
thing to say relative to the adjourn
ment Of the cause.
Mr.. Viet-Counsel for defence yes
terday intimated that they did not
like to have the contents of the affida-.
Wit discussed publicly. He could not
argue the matter clearly without doing
so, and was not disposed to discuss
it by way of intimation.
Mr.. Williamson-The court will re-
member the circumstances of this trial
having been deferred at the previous
term on account of the sickness of an
important witness of the State
Now the defendant comes at the hour
set down ready to try the cause, but
Divine Providence has interfered. A
witness is absent whose testimony is
indispensable to his defence. The
question is doubtless embarrassing on
all sides. Defendant has rights which
are dear to him. Suppose the court
should be compelled to charge the jury
in such a manner that verdict of
guilty should be found, when that YER
dict might have been different had
this witness been present, would the
humane Judge who sits upon this bench
execute the prisoner under such cir
cumstances
Judge Randolph-In view Of cir
cumstances, the prosecution do not
feel inclined to urge with vehemence