Rochester, Monroe, NY Rochester Republican 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. ** Find ALL of the News Abstracts for Monroe Co., NY at http://www.newspaperabstracts.com/NY/Monroe/index.html -- GjS