The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-11-27
Court OF Oyer and Tcrminer.
RICHMOND, Monday, Nov. 20, 1874.
Case OF Polly B0dimo.

Case OF Folly iodine.
Monday morning, his Honor Judge Kent, assisted By
L. Clawson, Nicholas Crocheron and Lawrence H. Cor.
elyou opened this Court End mGdatey proceeded TO
charge the Grand jury which he did in brief msnner,
and then referred to the Of Polly Bedtime, whose
ed upon, but none were ready. 1t being now twelve
O'Clock and nothing before the Court, took recess 10
one.
AT that hour there was punctual attendance Of ell
parties judges COUNSEL clients and spectators The lat
strongly as might be led to suppose from the re-
markabe nature Of the principal be decided end
as Il ys SS the s
renee at FIRST has clearly abated People talk Of it.
as Of any other year old event. end stranger would
echoed with the lamentations Of sympathy for the VICTIM
anddenuncations against the author Of most foul and
barbarous crime committed within her retired precincts.
On the assembling of the court the presence of the
prisoner ordered. upon which the sheriff proceeded
to execute the command, In about ten minutes, she
tered, efning upon the arm Of Of her counsel AL
eyes upon the approaching figure. She habied
CONFIDENT and but for the spectral paeness Of her vssss
which very thick black veil conld not hide, none
sh
sion from the result OF the impending trial:
plsrnler AITonsE, CLAnxE moved that the case Of
Polly Bodine, indicted for MURDER should be called on
upon which
COUNSEL for the prisoner offered plea in
abatement, on the ground that the being sent
up by writ OF certiorari before the Supreme Court
il was still in that court and that 1t had power to
Terminer because, by rule ofits own, motions IN Grim
ina must be heard in term time that the
done by but Of its Judges in Abany-therefore that
would be prudent to stay until at least the
replied at great length and the argument was almost in
tel mnable but of little interest and hardly ntel
gibe, to any who heard it, save the gentlemen learned
in the law. About hall past 8, came to an end, and
Judge Kent gave judgment in brief and explicit man.
ner: His Honor sustained the Jurisdiction Of the su
right to regulate the proceedings Of subordinate
fHst ou o ysr the sns m sna before
Mr. De WIrr, for the defence, filed some exceptions,
with the pei mission OF the Court.
The jury list being produced by order of his Honor,
that jury might be empanelled,
Counsel for the prisoner challenged the array-or in
ground that the list Of put in the box not that
furnished by the town oficershat there being
paper published in Richmond the clerk did not by pub
fishing therein give the regular six days noticethat
the residences and other particulars demsnded by law.
specified in the shat after the completion Of
the list, the Sheriff added other thereto THE
challenge gave rise to second technical argument by
counsel on both sides.
Mr. WHITING averrsd that the objections to the jury
list trivial and unit to vate III for although there
might DO some minute discrepancies perceived between
and the statute ycttrey were merely OF oim produced
detrmen TO the prisoner not caused by neglect
with previous intention, and thert fore not valid.
nd renewed the points % which i re-
garded untenable except that setting forth
Of the county nolce ofthe drawing thirty jurors
from the gene list six clear days before His Honor,
Kent, opinion mat n instance
the statute had not been complied with, and that
the duty OF the Court to allow the challenge Of counsel
for the defence and discharge the jury accordingly
The Court, after few suggestions as to future pro-
ceedings, adjourned at O'clock NJ till next day at
"a M.
TUESDAY MORNING, O'Clock.
The Court was opened punctually at the appointed
hour this morning MIR. WHIrIko arose, and cited .
number Of cases bearing upon the decsion just
to the challenge Of the jury that the Court might review
the same Judge KENT aer listening to them consult
ed the other Judges the bench The result was that
the decision Of the Court adhered to- and the jurors
discharged.
Mr. CLARK then made motion that the Count should
direct the sheriff TO summon panel Of Jurors forth
with, to the case, which resisted by the eel
Tor the defence upon the ground among others the
stood precisely it did before there any step
taken in the matter and that there could be tales
new list would be necessary, End the s'ante must be
complied with in every particular without any reference
to the panel which had just been qusshcd.
After hearing large number OF authorities by counsel
on both Sides the motion Of the District Attorney
granted and the Sheriff instructed to from the
county at large fifty sons qualified 10 serve Jurers
in the case The Court then adjourned till three in the
afternoon