State v. Zellers
Supreme Court of New Jersey
The defendant was indicted in the Hunterdon Sessions in August, 1823, for the murder of one Zachariah Flommerfelt, Esq. At the Court of Oyer and Terminer, in October following, he was arraigned upon the indictment, and pleaded not guilty. And a copy of the indictment and of the panel of the jury having been delivered to him on Tuesday, his -trial was set down for the Friday following. On Friday morning, before the jury were sworn,
1Opinion of the CourtFord, J.
I protest against the application of the ordinary rules for the postponement of civil causes to these high crimes. It is of great importance to the state and to society that the punishment should follow crime as speedily as possible. We cannot submit to the idea, that in cases of this *267nature a prisoner cannot be tried at the first term, merely because some of his witnesses may happen to bo absent. There is a just reluctance on the part of this court to postpone this cause, and were there no other grounds laid for the postponement except the absence of the witnesses we should order on the…
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