Description: Various news including the indictment of Dr Hardenbrook for murder, etc...

Date: April 5 1849

Newspaper published in: Rochester, NY

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Apr 5, 1849
INDICTMENT OF DR. J. K. HARDENBROOK FOR MURDER

Monroe Oyer and Terminer
March 28
The Grand Jury rose yesterday at 10 o’clock. Twenty five Indictments in all, have been found by the Grand Jury, at the present term.
William MILLER; forgery, in second degree.
Garret T. BRADT; selling lottery tickets.
George W. EGLESTON, for arson; - S. BOWNE, counsel, asked the District Attorney and Court, to give until Saturday morning to make plea.
John K. HARDENBROOK, for murder, in administering a poison, called strychnia, to Thos. NOTT, of which he died.
The indictment was read by the district Attorney, when the prisoner through his counsel, H. R. SELDEN, gave notice that he was ready for trial, and that unless the District Attorney intended to prosecute the trial of the cause at the present term, he should move that the prisoner be discharged from custody.
The District Attorney said he should have to procure witnesses from New York, and would be ready to answer to-morrow morning, whether he would be able to go with the trial at the present term, or as suggested by the Court, a special term would be held for the trial of this cause.
The counsel for the defendant, H. R. SELDEN, asked the District Attorney whether , if the cause could not be tried at the present term, there would be any objection to discharging the defendant on sufficient bail, until the next Oyer and Terminer.
The District Attorney said he could not answer the question before to-morrow morning.
S. S. BOWNE, Esq., associate counsel with the District Attorney, said that under the old organization, the Court had not the power to admit the prisoner to bail on an indictment for murder, but that the motion must be made to the Supreme Court, in bank. There had been a case where the trial of a prisoner, indicted for murder, had been put over for two or three terms, in consequence of the people not being ready for trial, and the prisoner was discharged on bail. He thought however, this was not a case where the prisoner could be discharged at this stage of the proceedings.
**

APPLICATION FOR THE DISCHARGE OF DR. HARDENBROOK ON BAIL

A motion was made before the court of Oyer and Terminer yesterday, by the counsel of Dr. HARDENBROOK, to discharge his client from confinement, on bail, to appear for his trial before a special term, should one be had, or at the next regular session of the Oyer and Terminer. The counsel made his application on the ground that the District Attorney had been notified immediately after the indictment was found, that the defendant would be ready for trial at any time during the present term, and that there was no necessity, on account of the absence of any material testimony, on the part of the people, for the postponement of the trial to the next or other term. That the testimony had been fully taken on the examination before the Police Magistrate, when the defendant was discharged, there not being sufficient evidence to justify the holding him to trial, and that no new evidence of any importance had been discovered since.
The District Attorney replied, to the motion of the counsel for the defendant.
The Court has not as yet made any decision in the case.
The counsel for D. H., stated that it was understood that the Grand Jury stood 12 to 10 on the vote for indictment.
**
MARRIAGE — A gentleman, talking to a friend on the subject of marriage, made the following observation: "I first saw my wife in a storm; carried her to a ball in a storm; courted her in a storm; married in a storm; lived in a storm; but thank heaven, I buried her in pleasant weather.
**
A friend accosted an honest Quaker, the other day, and inquired if he had got the California fever. "Nay, friend," replied the Quaker, "and I fear that those who have now got the ‘fever’ will have the ‘chills’ ere they get back.
**
A rival of TOM THUMB — There is in Springfield a little boy, two years old, bright and smart, that weighs only thirteen pounds!
**
WATER CURE — A large glass of water, sipped ten drops at a time, in perfect silence, will cure a person in a passion. This is the last application of the water cure.

**

ABSENCE OF MIND — An elderly gentleman, walking along the street, took hold of a cow’s tail and gracefully placing it over her back, exclaiming "Madam, you have dropped your boa."

**

It appears from a correspondent in the Times, that in New Zealand; when the marriage ceremony takes place, it is a very old custom to knock the heads of the bride and bridegroom together, previous to their union.
In England, now, it is’nt so;
The bridegroom and the bride
To loggerheads but seldom go,
Until the knot is tied.
**
The Hatless Prophet, George MUNDAY, was on Saturday, at Philadelphia, on complaint of his wife, committed in default of $2,000 to keep the peace for two years. She desired that he might be kept away from her house.

**

AFFECTING DEFINITION — Precocious Child:

"Papa, what is humbug?" Parent (with a deep drawn sigh): "It is, my dear, when your mamma pretends to be very fond of me, and puts no buttons on my shirt!"

**

DEATH OF AN OLD CITIZEN OF ALBANY — The Albany Journal in noticing the death of Jonathan KIDNEY of that city; says:
Jonathan KIDNEY was born in this city, where he has resided for eighty-eight years. He was consequently one of the oldest connecting links between the past and the present. He has sustained through life a blameless reputation, and died, as he lived, greatly beloved by his descendants and universally respected by all who knew him.
Mr. KIDNEY served his time as a Blacksmith, and followed the business always. In 1777 he was ordered out as a Militiaman to escort the British Prisoners taken at Saratoga, first to Hartford and thence to Boston.

**

More Deaths from Cholera on the Mississippi River - Health in New Orleans, & c
Louisville, March 25, 1849
A number of steamers have arrived at this port from New Orleans, with the Cholera on board, which is said to be again quite prevalent in that city.

Some fourteen deaths had occurred on board the steamer Bride and many more were still sick.

The George Washington lost fifteen of her passengers previous to her arrival at Memphis. On board the Creole three deaths had occurred.

The weather at New Orleans is very hot and sultry, and much sickness prevailed among the emigrants arriving at that port.--{Telegraph to N. Y. papers.]

****

Powder Mill Explosion — The powder mill at Allen’s Creek, in the town of Brighton, about five miles from the city, was blown up at about half past nine o’clock yesterday morning. A man named ROSS, who was in the mill at the time of the explosion, was blown across the creek, and horribly mangled. We hear that he has since died. We have not learned the cause of the explosion. The mill was owned by Mansfield PARSONS.
The glass in windows of houses in the neighborhood were all broken out. We have not learned the amount of Mr. PARSON’S loss.

****

Brevet to Maj. H. W. MERRILL — The President of the United States, by and with the advice and consent of the Senate, has conferred upon our friend Capt. MERRILL, of Batavia, of the regular army, the rank of Major by Brevet, to rank from the eighth day of September, 1847, for gallant and meritorious conduct in the battle of Molino del Rey.
Capt. MERRILL is a gallant officer, and is well worthy of the compliment conferred upon him. — He served with distinction as an officer in the Florida and Mexican wars, and in his intercourse with the world, his deportment is that of a gentleman.

****

Peter COLLE, of Utica, went on a hunting excursion on Saturday last, and returning in the night, fell from the edge of the guard lock in West Utica, on the ice, severely injured. From appearances; he must have crawled some distance on his hands and knees on the ice. He was found dead in the morning. The night was very dark, as all will remember who had occasion to notice it. — The deceased was a man of temperate habits. He left a wife and one child.

****

The Ten Hour Bill, as it passed the House on Friday, prescribes ten hours as a day’s labor, except in agricultural and domestic employments. The provisions are stringent against the employment of persons under 12 years of age, more than eight hours a day. Those under 6, are not to be employed at all in factories, &c.

****

A Just Verdict — A verdict of $18,000 has been given at Montreal against the proprietors of the North Upper Canada stages, for injuries sustained by Mr. RUSSELL in consequence of the intoxication of a driver. Mr. R. was precipitated into the water, which resulted in the loss of his feet and hands.

****

MARRIED

On the morning of the 2?th, by the Rev. J. ? SHAW, Isaac S. WARRING to Miss Mary E., daughter of Emily MILLER, of Irondequoit.

On Tuesday Evening, the ?0th inst., Nathaniel S. GRAVES and Miss Frances M. EDDY, both of Lockport.

On the 15th inst., at Bridgewater, Oneida Co., by the Rev. Mr. BRACE(?), of Utica, Mr. Gould H. PARKHURST to Mrs. Hanna M. BROCKWAY, of the former place.

In Batavia, on the 2?th inst, Mr. Joseph CLARKE to Miss Sarah Adelaide, daughter of Levi BROCK?BANK, Esq., of Phelps.

In Lyons, on the 21st inst., Joseph H. GALUSHA of Lyons, to Miss Catharine S., daughter of the late Walter R. MORRIS, Esq., of Albany.

In Lyons, on the 21st inst., J. Gardiner VAN WICKLE, to Ann, daughter of Nelson GIFFORD, Esq., all of Lyons.

In New Orleans, on the 7th inst., Mr. David L. VAN OSBORN(?), of that city, to Miss Mary C. THAYER, formerly of Lockport.

In C?m?na, on the 21st inst., James W. ONDERDONK, of Greece, Monroe county, to Miss Fanny daughter of John GOU(L?) D. Jr. Esq., of the former place.

In Le Roy, on the 22d inst., Andrew J. SPRAGUE, of Churchville, to Miss Elsie HE?ES.

In this city, on Thursday evening the 29th, inst., by Rev. John ? RO???, Mr. William RICE to Miss Elizabeth MIX daughter of Mr. Wm. MIX, of this city.

On the 15th inst., W. ??TENBROKE to Miss ?heb A. daughter of the Rev. W. O?B??D both of (Arcadia?)

In Brockport, on the 21st inst. Myron H. BRONSON to Miss Hester A. MEAD, both of Brockport.

In Geneseo, on the 28th inst., by Rev. L. RICHMOND, Joseph T. BACON to Miss Mary SMITH, both of Geneseo.

DIED

In Mendon on the 29(?)th inst., after a lingering illness, Mr. Festus BUR?, aged 66 years. Mr. B. was one of the early ?lon?ers of Western New York - having resided in the town of Mendon, ver ?? years. He leaves a large circle of relatives and friends to mourn his decease. The deceased was a brother to widow E. HAMILTON, of this city, consort of Dr. S. HAMILTON, lately deceased.
*
In this city, on Tuesday afternoon the 27th inst., of consumption, Mrs. Maryette, wife of Chester KEYES, aged 31 years.
*
At Palmyra, Mary Alida TUCKER, daughter of the Editor of the Sentinel, aged 2 years and 8 months.
*
In Portage, Liv. Co., on the 15th inst., Mrs. Isabel LA??, wife of Robert HOPE, aged 61 years.
*
In Constan?ine, Mich., on the 8th of February last George B. STEELE, son of Rev. Julius STEELE, aged 23 years.
In the same place, on the 20th of February Rev. Julius STEELE, aged 61 years. Mr. STEELE was formerly Pastor of the Presbyterian Church of Warsaw.
*
In Pavilion(?), on the 2?th inst., Mr. Henry REED aged 55 years.
*
In Warsaw, on the 23d inst., Nathan SCOVIL, aged 78 years.
*
In Warsaw, as the 25th inst., Mrs. Sophrona WHITNEY, aged 44 years.
*
In Canandaigua on the 26th inst., Widow Mary SPENCER, aged 67 years.
*
In this city, on Friday morning the 30th inst., of influenza, Me?itabl? Ruth, wife of William R. GIFFORD, in the 26th year of her age.
*
At the Insane Asylum, Utica, on the 18th inst., Mrs. Anna SUT?IFF, wife of Norma SUTI??, formerly of Almond, Allegany Co., aged 46 years.
*
In this city, on the 30th inst., Capt. Alexander WE?D, aged 79 years and 6 months. A soldier of the Revolution. Formerly a resident of Scipto(?), Cayuga County.-Auburn papers please copy.
*
In this city, on the 1st inst., of consumption, Sophia, wife of Job B??LUT, aged 58 years. Buffalo and Belville, C. W. papers please copy.
*
In Clyde, on the 25th ult., Rev. Luke MORLEY father of the editor of the Palmyra Courier, aged 65 years.