The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-01-21
Examination Of Polly Bodine.

The examination of Polly Bodne for the murder
| of her sster-in-law Mrs Emeline Houseman, and
| her niece, Eliza Ann Houseman, as also for the
arson of the house of Capt. George Houseman, the
husband and father of the victims, and for felony
| in the theft of gold watch and jewery from the
premises, was commenced at Port Richmond, Sta
ten Island, yesterday morning, before Commission
| err Phelps.
The excitement still continues among the inha-
bitants of the Island but not with that intensity
that previously existed. The relatives of the pri-
soner appear have taken sides partially in her ia
vor and WILL it is presumed, assist her in the en-
ployment of all legal aid that may be necessary for
| her defence. The court of Oyer and Terminer for
| this county does not commence its session until
May, at which time the charges against herwil be
presented to the Grand Jury. Following this, an
application will then be made to the Supreme
Court for change of venue in the case, which
will probably be removed to this city for trial The
Sheriff does not consider the prison of the county
as safe for the confinement of the accused, and af
ter final commitment she will probably be removed
to this city and detained in the city prison or Ell
bridge street county Jail. Waite is represented as
being in very good spirits although no application
has been made by his friends to admit him to bail
| The investigation was commenced at about half
past ten o clock lat the hotel OF Mr.. Martin, at Port
| Richmond. The Court room was comfortably
| filled with residents Of the island, among whom
| were several females The people were represent
| ed by District Attorney CLARKE. The prisoner, by
her counsel, JOHN G. MoRRIsoN, Esq. Several Of
the gentlemen appointed at the meeting of citizens
| as committee OF investigation, were also seated
with the commissioner, to aid in the investigation,
| and assist in obtaining testimony.
The Court being assembled, and perfect order re-
stored previous to the appearance of prisoner.
| Mr. MORRISON her counsel, rose and said, he
understood that the District Attorney had insisted
that prisoner should be dressed for her appearance
before the Court OF investigation, as he directed,
| and had compelled her to wear the hood which she
| had on the day she was arrested, and taken bon
net from her that she desired to appear in. He de-
MED that the District Attorney had any right to en-
/ force such compulsory measures, and asked the
/ commissioner to allow the prisoner to make her
| own toilet and dress she desired
| District Attorney CLARKE replied that he had
| given no orders about her Dress nor had he ever
| seen her bonnet. He SAID he had sent for a bon
net that belonged to her, which was at the house
of her father, but he had not seen it, He will
ling that she might wear any KIND OF clothing that
was necessary, but said that when ii became
sary to identify her by any of the witnesses to
be called, he should insist upon such portion of
dress being placed upon her as she had worn on the
day OF her arrest, IN order that such recognition
might be ascertained.
| Commissioner PHELPS settled this matter by
stating that 1t was not now before him, but when
| the question came up,he should make such decision
| as he deemed just and legal.
| Polly Bodlne, the prisoner, here came into the
| room with the Sheriff. She looked very pale and
feeble, and hardly raised her eyes from the floor
She had left her hood behind her, and had envelo-
ped her head In green veil, which tended materi-
ally to change her appearance She took seat near
her counsel and the investigation then proceeded.
| After some preliminary arrangements relative to
| the manner OF investigation and its extent,
| Commissioner PHELPS, addressing himself TO the
prisoner, sald-"Polly Bodine, you have been
brought before me, charged with offences of various
kinds, of which do not desire to say much, but
| would rather spare your feelings. You here
ralgned on the oath OF an individual to answer the
| several charges against you. Have you counsel to
which you are entitled!
| THE prisoner did not answer.1
MoRRIsoN.-I appear as her counsel.
| CONSEQUENTLY charges against you are for
the crimes of murder, arson and felony, and you
can answer whether you are guilty or not guilty.
MoRRIsoN-l do not know that such request
is in accordance with the rules, but answer not
guilty He then asked to the warrant of com
mitment, which not being shown, he denied the
power of the Commissioner Sheriff to detaln
her, unless such warrant had been legally issued
He said that the Sheriff had just Informed him that
he had no warrant IN his possession, and such be-
ing the case, he would now move that the prisoner
| be instantly discharged from custody.
| District Attorney CLARKE, opposed this notion
on the ground that she had been legally arrested in
New York, and committed by the Commissioner
| for examination after her arrival in Richmond
| County, on which commitment she was legally
held, and could not be discharged.
| Commissioner PHELPS decided that he had com
United her on an affidavit IN legal manner, and
should continue to hold her until the result of this
investigation would satisfy his mind of her nno-
cence or guilt He then ordered that the investl-
| cation should proceed.
| We give the testimony below of interest, reject
ing much that was published at previous investiga-
tons before the coroners jury, and atthe commit
ment of Waite
The first witness called by the District Attorney
was
| DANIyI O. CRocEyB. who was sWorn-T reside near
Granite Village about quarter Of mile from the house
of George Houseman was present at the burning othe
house OF Houseman Christmas night last il about
half past nine o'clock proceeded to the premises
found the northwest OF the kitchen on fire. the
fire bursting out the of back door and kitchen the
back door open Mrs Houseman the mother of ac-
cused, went into the house first followed and brought
out chair and bureau the fire did not extend over four
feet II appeared to have burned the most at the head OF
the bed the inside Of the bed posts the most burned
the bed was nearly all consumed small hole was
burned all the way through the floor below the bed
| saw the body of Mrs Houseman Immediately after the
fire it was partly under the bed, and did not
the body Of the child in examining the ruins of the
fire with stick dug up aoot hand Of child but
did not zee any the smell made SICK and left
the fragments appeared to Law on the bodies not
under them the floor but little burned under the
dies opened the drawers of the bureau the request
and jewelry but did not find she found a small box,
but there was no jewelry in II | saw no jewelry in
| any Of the drawers
theirs never saw bed burned before have no doubt
that feather bed or holsters pillow was burned
fHrLrs-it nas oeeh suggested within lew days that
the feather bed was removed, and therefore have sug
gested these questions TO settle that matter.
WirNrsIn the ruins that found in the open space
below the floor found piece of skull covered it'll hair
fThe piece was here exhibited to witness. The pr-
| soner looked up at IL but expressed emotonl
WIrSEss-I also found yellow flannel petticoat be.
longing child the fire confined entirely to the
part where the bed was; the bureau was not
more than foot and half from the bed il was not burn.
ed but the veneering drawn of in places; the
room very much smoked and everything, even the
| crockery, was covered with smoke
| No cressexamnaton by defence
Isaac s. CRuZER called and swon.-I reside at Castle.
ton about mile from the house Of George Houseman;
present al the burning OF his house Christmas last
saw the body of Mrs ousemanj the cindsrs were over