The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-06-06

second trial OF Mrs. Fanny Hyde, who is indicted
for the murder OF George w. Watson, took place
yesterday in the Court OF Oyer and Terminer Of
Kings county.
The ex-District Attorney argued the application
for postponement saying that owing to the abb
sence OF material witnesses, whose presence could
not be secured until the next term he desired the
case to go over for the term In support OF his APP
pilcation he presented the following aifidavits:-
AFFIDAVIT OF FANNY HYDE's FATHER
Gy B,ogsa epsnty q Kings 81 wpdley being
who, is advised by s. b. Morris is necessary and
material witness behalf Of Fanny Hyde, without ihe
trial ' ''e 'AA'o' 'A's'S p'''ee' "
the steamer Adriais; that deponent saw laid Henry
rii sas Fanny
Ss next t Of ,ae
Te audI. IN October Hss JOHN wISbIs7
WILLIAMS D Notary Pab i;s ON Gay OF june NJ
AFFIDAVIT OF $. D. MORRIS.
fay Of Brooiyn, County Of Kings, SIS. D. Morris, being
duly DOH ;spSss and BE- e,
Spon sd ind '' e s
term Of his Court and ne Jury failed
Ss s Inc SnF before had
called upon him wanted know il would be proper
Tor hsr 10 20 away Tor so, time, as she was not wen
that deponeni informed her that he saw no objection
e d s%f a w e ana
Deponen further says that Henry Potts IL necessary
naict@ent ,at EgaSs What be , can prove
@ sa r o4 an ha m 81 abe bf
oprosnre ms testimony By the nest term Of The Court
sas s tenn he na @s ,ss engage
ing this at the present that deponcn has two
m w T case Of ere set down of o i
matters which e, ., Re cannot postpone pom
good faith ana not merely or the purposes Of delay
sworn TO before me this 9Th day of june. s72NR NJ
WILLIAMS, Notary Public
Having read these aflidavts, Mr.. Morris said
Upon these facts ask q continuance of the case.
Ifit be refused 1t will be necessary TO issue COM
mission to take the testimony OF Mr. Potts ana
that viii be impossible before the present term OF
Court win he over.
Mr.. Britton-l don't understand wig counsel did
not eXDecb to try the case this term. II would
naturally be expected that the case would be called
on at the next term OF the Court atar the former
trial, and counsel should not have made engage
ments but should have been ready to proceed with
this trial. Engagements in civil cases are no reason
what ever why this case, a trial OF human being
who killed another and is indicted r murder in the
first degree should not be taken IN. The Court win
not entertain any such excuse. Ii does not appear
that any effort has been made to detain Mr.. Potts,
nor TO obtain Dis testimony prior to his departure.
Mr.. MOrrls-Tlat Is a matter omitted from my
AFFIDAVIT; did not know of Mr.. Potts going until
after he had gone
Mr.. Britton-Wc win consider that, then, as
stated. see no way TO obvate this difficulty, then,
except to stipulate that Mr.. Potts evidence, as
taken upon the former trial. both direct and cross
shall be read upon this. do not understand that
any new facts are to be elected from him. This
consider perfectly far Offer, and one that win not
be IN violation OF the rights OF either party. make
this opposition
ACTuATED ENTIRELY BY PRINCIPLE.
In cases of this kind trial should be had speedily
for the effect that IL produced on the public mind,
ana the party accused be acquitted II Innocent and
convicted If guilty There is IA principle involved
in this case, tOo which should be determined, and
that speedily. There is diversity of pubic opIn.
ion and 1t should be settled do not wish to be
understood as undny pressing the case, but must
present these considerations.
Nh. MorriS-The rule Il different In criminal cases
from that in civil cases. We cannot consent that
the testimony OF Mr. Potts be read and beside that,
great portion OF 1t is descriptive, and caunot go
before the Jury IL the testimony be read. l expect
to prove additional facts also by Mr.. Potts, and
cannot consent to take that course. ! think we
make out a fair case for postpOnement
Judge fratt-What about the health Of Mrs. Hyde ?
Mr.. MOrils-l am not aware THAI She could not be
brought here and endure the trial, but her health
has been very much shaken by her confinement and
her trial.
Judge Pratt said he would announce his decision
on saturday next.