The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-07-08

The TRIAL OF Polly BoDlSE AND ITS RESULT
The result Of this truly interesting trial was anti
cipated through our columns several days previous
to its termination, and the accused must therefore
be again arraigned before another tribunal to an
swer the charges alleged against her. There are
few cases, perhaps none, that have ever been pre-
sented to an American jury, that involved so much
atrocity and few IN which the evidence on one
side was more positive, while truth existed on the
other, mysterious doubt still would have lurked in
the mind Of any truly conscientious juror. The
trial occupied nine days, after which the jurors
were kept together for consultation about fifteen
hours before they were called into Court, and them
being unable to agree, were supplied with food and
detained about two hours longer, and finally dis
charged, without verdict, they being eleven fol
conviction and one for acquittal. The juror who
adhered to verdict Of acquittal refused, wher
the panel was originally called, TO be either
or affirmed, avowing that his conscientious scru
pies" prompted him not to assent. The Court point
ed out the special statute of the State showing thai
an affirmation was merely promise. and therefore
did otinvove any Of the conscientious objections
urged against taking an oath. After considerable
delay, and an intimation from the Court that i'm.
prisonment would follow his refusal to affirm,
as matter Of contempt, the juror assented to be al
frmed. He was afterwards called as juror to
the trial, and Notwithstanding the evidence
Of his peculiar construction Of mind, as had pre-
viously been shown to the court, the prosecution
made no objections and he was affirmed as juror
to try the cause. On being discharged he stated
that his Conscientious scruples would not allow him
10 render verdict Of guilty, and that these
pies were based upon the fact that he conceived
there was reasonable doubt as to the guilt of the
party accused, and also that he could not render
verdict OF guilty if capital punishment was to fol-
low Its rendition. A man avowing such "consci-
entous scruples" should never have been placed
upon the jury, and the prosecution alone are ac-
countable for such oversight.
1t is rare that the testimony in a case of such
importance was more clearly presented to jury
by counsel on both sides, and the buslness-like
manner OF Circuit Judge PARKER, who presided in
the absence of Judge Kent, tended materially to
hasten the progress Of the cause, that otherwise
might have occupied month. The chain OF t. O.
lnony ,as prepared and presented by District Attoi-
ney CLARK for the prosecution, seemed almost
overwhelming and conclusive until the defence pre-
sented their theory OF the case. The prosecution
showed that the accused slept with the deceased on
Saturday1nlght, December 23d, and left the house
early on the morning Of Sunday, and went to her
mothers near by, as was her usual practice. They
therefore assumed as their theory that deceased
was in all probability murdered on Saturday night
by the accused or on Sunday. In opposition to
this, the defence show by two positive witnesses,
and two doubtful, that deceased was seen at her
house on Sunday, and also that the accused could
not have committed the murder on Sunday night
she slept with her sister at her fathers house
in the same room with her father and mother. The
prosecution and defence both concur in the fact
that accused left her fathers house on Monday
(Chrstmas) morning for New York, when the pro-
secution aver, and sustain the position by two
dible witnesses and three doubtful, that she pawned
the stolen gold watch, gold cham and silver spoons
in this city on that morning. The defence deny
that the accused is the person. but present no tes-
mony to show where she was on that day after she
arrived in this city, or where she remained that
aight it being the night that the house Of de-
ceased was discovered to be on fire and the horid
murders made public. They content themselves
with the rather singular fact, that no person saw
the accused at the scene Of the fire on Monday
night, although it is certain from the finding of the
bundle of unblackened clothing in the room after
the FIRE was discovered, that the person who COM
mitted the arson must also have been tlf. one who
the murders. To sustain the theory
that the accused committed the arson and then fed
The prosecution shew, by three witnesses, the pre-
sence OF woman resembling accused at the Sta
EN- Island boat, at Quarantine, at daylight on
Tuesday morning after the fire, who alleged she
lad walked some distance and was much fatigued,
md who then came to this city in the boat. The
defence present offset to this point except thai
Of denial Of the allegation and lack Of clear dent-
~ The theory Of prosecution, that the intent Of
accused in committing the murder was to obtain
he possession Of the $1,000 that had previously
been received by the husband of deceased, is an.
swered by defence, who introduced the father, mo-
Their and sister Of accused, as well as husband Of
deceased, who testified that accused was aware
that the $1,000 was kept in the house Of her father.
and not in that where deceased was murdered
The prosecution then assumed the bold position
hat from this testimony, including the fact that tn
mother, sister and father were among the first al
he discovery Of the fire, that they were all acces.
,ories after the fact, and had thus sworn and per-
ured themselves to save the accused from convic.
lion.
These are the prominent points of this hor
nd and yet mysterious transaction, as presented al
this trial, and which, unless sustained by defence,
by rank add positive perjury, would leave much
iout, upon nicely balanced mind as to the posi-
i've legal guilt of the accused. Application will no
doubt be made to the Supreme Court, at its early
sitting, for change ofvenue in the case to another
county, as it would be impossible to obtain jury
T~to nd rrDr,. IL
moned.
COMMON COUNCIL -ELEcrroN OF MAGISTRATE
The Board Of Aldermen and Assistants meet this
evening, for the purpose of eectIng new msgs
trate, to fill the place OF Min Parker, ESQ., whose
term has expired-Mr. Drinker, the applicant for
the office, and his fitness for the magisterial chair
having already caused much discussion and excite.
ment among the members OF the Board, as has
been seen in our sketch Of the long debate which
took place on Wednesday evening last The mi.