The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-28
Judge DOOlittle'S Decision Granting an
Adjournment.
TEE PRISONER III MOHAWK JAIL
~I Must Have Air. Oh. i Will
Die.,'
ALLEGED TANlPERING WITH WITNESSES.

murder OF Henry II. Hail mas not created such a
great Juror In the Court OF Oyer and Termlner as
was expected by our amiaDle Sheriff and the on.
GERS attached to this solemn.lookng and insult.
fciently ventilated seat Of criminal eruaition. A
crowd Of incident laborers ana overgrown boys
presented themselves for admission to the building
this morning, but the scare they occasioned the
few respectable ladies and gentlemen In attendance
yesterday mpelled the Hercules at the entrance to
forbid the admission OF any but those most decently
sttlred and who were known to be be-
yond the pale of the demonstrative 'boys."
Judge DoOlittle mad expressed his determination
that there should be no inconventent overcrowding
and the inference was that he would reserve all the
'cOnvenient" space for those who would be the
least liable to disturb the proceedings. The Judge
Is dlscipnaran, and may be SAID 10 represent the
dlgni1ed portion OF our legal talent. Counsel had,
by some mysterious influence, impressed the public
that the trial would be postponed, ana that the
prisoners attendance was doubtful Hence I
presume the absence Of the elite, who have hereto
fore evinced such an intense interest IN the case.
The interest was the greater, lnasmuch as 1t fol-
lowed closely The murder OF the "Hero OF Erie ~
Mrs. McCarty being dubbed second 'Josle,''
and all the incidents 10 her singular history being
discussed with great eagerness by our "pent-up"
gOssips. The appearance OF the leading journals
this morning, which seemed to corroborate the pre-
vaent opinion concerning adjournment, and the
statement that nothing of Importance was likely
to transpire In the trial before April, doubtless
checked the ardor OF the sensationloving citizens,
who preferred to remain at their quiet hresdes
rather than venture out on such a miserable day,
with SO little reward promised for their exertions
and self-abnegation.
THE SECOND Days PROCEEDINGS.
There was consequently but o slim attendance
when the Court was opened, at nine O'Clock this
morning. Several prominent members OF the city
bar took seats within the enclosure, and awaited
with apparent anXi ey the arrival OF the interested
parties There were three four ladies' only on the
benches reserved for witnesses, and these seemed
cold and cherries, and were evidently unlavoraby
aected by the aspect OF affairs within and without
tho building. The privileged loungers, however.
nearly filed the available space, and appeared to
bewail the absence OF the little leaven of rouehdom
which might have relieved The unpleasant monotony
Of the moment
ENTER JOSEPHINE
At about half past nine "Josie, as Mrs. McCarty
Ii called by the oiicers, entered the court room,
accompanied by Messrs Pomeroy and Babcock, her
counsel, and Deputy SherLis Cole and GeDhardt.
She was literally ''as pale as a ghost,r and her
tread appeared weak ana uncertain her frame vIsi-
bly, tremDled and as her eyes wandered about The
room, beholding the pauclty oil the gentler SEX
VINO, as women, would have tended TO reassure her
In measure, allnougn 1t Is 10 De feared that she
Will receive cut little sympathy from the Utica la
dies, she shrank back, as IL were and seemed
nbdSled ana disappointed. Sne was dressed In the
same suit sne l. alleged 70 have worn at the time or
the muroer. The Snerlis deputies handed her TO
Seat where she renamed for some time In CONVEX
1atlOn with her counsel.
WHEN THE PRISONER WOULD BE READY.
Judge Doolitte had arrived III the meanwhile,
ana after the court crer had "done the antiquated
duties OF his ofice' District Attorney Stoddard an
nounced that MIR. Sedgwck, his associate, had been
called away to syracuse but thar he was in momen-
tary expectation OF his arrival. Subsequently this
gentleman came into the Court and the Judge asked
the gentlemen Tor the defence what time would be
N N arnf
for trial. Mr.. Pomeroy stated several important
witnesses would have TO be sought after by COM
by commission. His Honor could readily under
stand that 1t would require fully six weeks to per-
form this task. Brother Mitchell gave his assurance
that the utmost diligence would be exercised, and
OILY asked for a reasonable time In which to pre-
pare IOI the trial.
Judge DooiitIle asked the District Attorney If he
wished TO present any affdaylts 10 tue Court, and
this gentleman stated that nothing on the part OF
the speedy trial OF the prisoner; and, though they
would not unreasonaby attempt TO lorce on the
their case ana relieve the calendar or case OF such
manifest importance and unprecedented interest 10
THE JUDGES HARANGuE.
His Honor then settled himself firmly In his chair
cnar aed mocn 20 The oceTs to MAINTAIN s.rics
silence IN the room. ne sad:-
This time was appointed for the trial OF the de-
PENDANT by arrangement between ler counsel and
the counsel for the people, with the approval OF the
Court. 1t was then understood that all the time was
prepare Tor her Ngial. Now motion is made on be-
nall OF the prisoner for further time; and for the
good ana substantial defence ON the merits to the
Indictment. The anldavits OF three o. her counsel
sSsy nsys since wnch eS state asa
all the time that they were able TO the pre-.
v nr 1 e TSey state that In their opinion o nE he
prisoner has good and substantial defence TO the
Indictment and that a lew weeks more time Is re-
CURED TO OBTAIN the evidence and prepare the case
Tor tral that some OF the witnesses they have sub
p9naed are not IN attendance and others have not
yet teen subp9naed They state that TINS appllca-
ton Is made in good fatn ana not Tor delay.
This application and the afiidavis upon which It
IL rounded are open much just criticism. and 1t Is
possible the prisoner would have no just cause Of
complaint II this motion was denied and the trial
ordered to proceed. The defence indicaedis lnsan.
1ty at the time the homicide was committed. And
INVOLVE THE CONDITION OF THE PRIsoNER's MIND
before and after tue homicide, as bearing upon lis
condition at the time the was committed. The
condition or her mind as indicated 10y her acts and
physical condition from period few days before
The homicide until now, can ard, doubtless must
be shown BY witnesses mere, where she has pass ed
tina. time Tne condition q ner aI n o 9 several
be sufficiently proved py persons residing In the
places in this state where she mas lived during that
able diligence and the opportunity the Court
gave her to have all the defendants wit
nesses In this state eubpGnaed without ex.
pense to her, The two months which have passed
were sufficient 70 enable the Defendant Witn me
aid OF me TWO Efficient junior counsel VINO nave I've
other since they have been retained, TO pre-.
pare for the trial Whether the deendant WIN ever
be better prepared TO try the case than now may De
doubtful But the prisoner has been charged oy Inc
Grand Jury with the commission of
TIE TERRIBLE CRIME WHICH INVOLVES HER LIFE.
She and her counsel, their oatns state that they
believe she has good and substantial defence;
that a few weeks more time is necessary TO enable
them TO fairly present that defence And there
are circumstances stated III the andaVits
sucn a case II the prisoner has defence
winch she desires TO interpose, IN good faitn-and
we think we may assume on THESE ainuaVrs, lor
The purposes OF this motion, that she has-we leel
inclined TO grant greater indulgence than we should
M some other cases. We desire TO give the prisoner
a fair opportunity to prove her defence; and In
case crcumstanced like this 10 give all the indul-
gcnce which Is consistent with an enc;ent admln.
islration OF iustce The people can have no desire
~ punish the innocent, and tney WIZ ieel o. much