The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-07-04
TRIAL OF POLLY BODINE
RECEIVED BY SPECIAL EXPRESS.
THE cHARe E.
Trial Of Polly Bodine, for the Murder OF
her Sister-in-law, Emeline Houseman.


her Sister-in-law, Emeline HOuscman.
WEDNEsDAY-NINTH DAY.
The court met at o'clock in the morning, at
which time DAVID GRAHAM, Esq, resumed his
able and eloquent argument for the prisoner, and
closed at 10 O'clock having occupied the earnest atten.
ton of court jury and audience for nearly seven hours
including Eve on the afternoon Of the day previous
After short recess, JAMES r. WHITING ESQ, for pro.
secution commenced summing up and closed of his
most powerful appeals to the jury in favor Of conviction
at about three O'Clock in the afternoon He assumed the
broad position that Of old Mrs Houseman and Mrs Van
Name accessories to the murder after the fact and
therefore that their testimony before the court relative to
depose Of the $1,000 and the existence of deceased
Sunday was false and not to be believed.
JupoE PARKER then proceeded to deliver the charge.
After auding to the time the case had occupied the strict
attention of the jury the importance of the investigation
before them and the character Of the accused and her
laves, he proceeded he merits of the case, which he
He said that certain general rules to the character and
weight Of circumstanta evidence had been laid down by
elementary writers and sanctioned by our courts and
stances from which conclusion was drawn and each cir
cumstance necessary to be should be fully esta
bshed That proof Of this nature was strong and
cogent when the circumstances are numerous and der
we'd from different and independent than when
they were few and depend on the credit and testimony Of
was essential inasmuch as it repels any. suspicion
Of fraud and the greater the number the greater
derived. Secondly that all the facts should be con-
sstent with the hypothesis and if there should
be any established fact with the suppos
ton Of the prisoners guilt the ypothesis of the prosec
ton should be negatived. Thirdly, that the circum
stances should be Of conclusive nature and tendency
and that therefore, unless the circumstances proved
should exclude reasonable supposon Of the innocence
Of the prisoner she should be acquitted 4hly that the
circumstancesshouldo amoralcertainy actually
every hypothesis but the alleged and if therefore the
facts proved consistent with the upposton that the
deceased came to her death by accident with the srp
position that the prisoner is innocent the accused should
not he convicted These general rules Of law he said
the result ofcareiu examination and such should
guide the Judgment Of the Jury in the case before
will amount to proof can never be made matter
OF definition, thu legal test was the sufKcisncy
Of the Ievdence to satisfy the understanding and
science OF the jury. That absolute and demonstrave
certainty essential TO proof by circumstances but
that Il sufficient they produced moral certainty &c
the exclusion of every reasonable doubt He said that
acqutta upon light trivial and fancifu suppositions
and remote coDjectures was virtual violation Of ju
interests OF society directly tending 10 the disregard
the obligation Of judicial OATH the hindrsnce and dis
arrangement ofustce and the Of offender
against the law. While the other hand he conended
that juror should not condemn unless the evidence
should exclude from his mind all reasonable doubt tn,
guilt of the accused unless he be convinced by the ev
dence that he would venture upon that convic
ton He said that opinion had prevailed &c
some extent that no person could be convicted Of capital
offence circumstantisl evidence II such an impress
sion had reached their minds should be removed Such
evidence not only competent, but sometimes more
satisfactory than direct evidence Indeed without 1t the
guilty would ofentimes 60 unpunished as in cases Of
premeditaed murder human eye called to witness
the deed upon the secrecy OF the act depended the
chance of eludng detection and escaping punishment
Much had been said by counsel both sides to the
comparative weight Of direct and crcumstantia evidence
II said the hand that the virtue Of ccumstan
tia evidence consisted In its freedom from suspicion
account Of the exceeding dcuyof fabricating number
Of independent circumstances naturally connected, and
tending to the same conclusion and the other hand
that direct and positive evidence Is immediate and
proximate to the fact leaving the only question Of
the credibiy Of witnesses II was not necessary draw
comparison between the two kinds of evidence
on the weight to which each entitled. There
was no doubt that direct evidence ought TO be in.
.roduced when was within the reach Of the prof.
ecution and the general conclusion this subject
hat in no case crcumstantia evidence stronger than
positive and direct evidence, except where the aggregate
OF doubt arising first the nueaon whether the acta