Daily national Republican., 1865-07-05
Trial of Miss Mary Harris
for the Murder of Al. 4
n Burroughs. n
District Supreme ourt-.Criminal Term.
ASSOCIATE JUSTICE wYLIE PRESIDING.
The Trial Postponed Until Friday.
TIE JURY COMPLETES.

This morning, long before the hour Of meeting,
the Court room was filled with an anxious crowd
all desrous Of obtaining seats for the purpose Of
hearing the trial. At half past ten O'Clock Judge
wylic entered, and the Court was opened.
On Monday ten Jurors were chosen from the
egular panel, aud the Marshal was ordered to
summon the eight talesmen drawn.
Mr.. Bradley, for the prisoner, said on Monday
1t was his expection that tho depositons taken In
Chicago would be here by to-day. The clerk
had just returned from the post Office, and they
had not yet arrived. II would be impossible for
him to go to trial until the depositions were ro
ceived. lie asked that the jury might stand as
they were and the bo postponed until to-
morrow morning. lie did not like to go to trial
without them, as Mr. voorhees, could not be here
until tomorrow night, on account of having
missed the connection. lie felt confident the de-
positions would be hero by to morrow morning,
aud the trial could 60 on.
Judge wylle said he felt very reluctant to
postpone the trial, and thereby delay the bus
ness Of the Court.
Mr.. Darlington said he regretted that an appl
cation had boon made for 4 further postponement
He was anxious that the defendant should have
a fair trial, but the case had already boon post
poued on the application Of her counsel. Mr.. c.
asked that before the case be postponed the
proper aHidavits be made as in every other case.
He announced to the counsel for the defence on
Monday that he would oppose any application
for continuance.
The rule Of practice WIS, that the court might
continue at the first term, on tho application of
the counsel but an application for u second con-
tinuance must be accompanied by an a1ldayit
stating the grounds for continuance and what
was expected to be proved by the absent witness,
that the court might determine II there was any
grounds for continuance. He felt 1t his duty, in
view of the large number Of prisoners In Jail and
the vast amount Of business before the court, to
oppose any application for poslponemcnt
Mr.. Bradley said he knew what his duty was
as to asking for a continuance, hut he did not
ask n continuance. lie only asked postpone
ment Of the case for twenty -four hours. He had
kept the District Attorney informed as to all the
steps taken In the case had put in his hands the
interrogatorieS which were sent away so that he
might know the tenor Of them. They had used
all diligence to have tho case tried, and were
very anxious that 1t should be disposed Of The
| depositions from Burlington had been received
on Monday. The Interrogatories were sent on
the 18th of June 1t was agreed on Monday that
| the case should be postponed II the dispositions
| were not received.
Mr.. B. said they desired nothing unreasonable.
They had not dollar to keep witnesses waiting,
only through few friends, and 1t was their
desire that the trial should go on. All that they
asked was that some other case be taken up and
this case postponed until Tomorrow morning
and he would confer with MesSrs Voorhees,,
Hughes and Mason, his associate counsel, and If
the depositions were not received Tomorrow
how al prI IN "a la
the proper aihdavits for continuance.
| Judge WyIie said in case Of this Importance
he was disposed to grant the continuance and he
would postpone the until day after to-Inor-
| row.
Mr.. Bradley said he would then go to trial any
how.
At this timo eleven o'clock Miss Harris en-
tered the court room leaning on the arm Of Mr..
Bradley, her counsel, and accompanied by Dop
uty Marshal Phillips, Mr.. Wendell aud lady,
| and the Misses Devllu Of Chicago.
Mr. Bradley stated that two Jurors were wanted
| to complete the panel and he suggested that tho
| names Of those drawn be called that the eleventh
| one might be sworn aud the twelfth one accepted
| but not sworn until Friday morning. The names
| were then called by Mr.. Middleton, tho Clerk, rs
| follows:
| W. @. Dorsey, having been sworn, stated he
had formed and expressed an opinion. James
Parsons, formed and expressed an opinion.
Robert d. Fowler, formed aud Expressed opinion.
George Perry was called, but not answering, au
attachment was issued for him. Samuel Crown
was accepted aud sworn. A. II. Young had ex'
pressed an opinion, but had come to no conclu'
sion; his mind was free to hoar the evidence In
the case. The court decided he was II competent
juror, and he was accepted, but not sworn. The
| jury was then charged to hold no conversation
with any one in regard to the case, and dismissed
until Friday morning The jury, now complete
is rs follows:
Moses T. Parker, Thomas II. Barron, Franc
Ballinger, Michael Il. Coombs, Alexander Lam
mond, Thomas A. Tolson, John Serivener, Butle
Baker, Donald McCathron, Zachariah d. Brooke
Samuel Crown, and A. II. Young.
The court then adjourned when Miss Harr
was taken from tho court room, leaning on th
arm of Mr.. Bradley, aud accompanied by Dcput!
Marshal Phillips
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