The New York herald., 1845-04-11


which we are now engaged. have said that the esi
dsnce In order be sufficient tor conviction must DC
consistent h guilt alone and with the quit OF tne pI
saner alone and II any of the evidence reconcileabe
with any other hypothesis 10 III adt quate, uno no ~
soner is entitled TO all the bench OF tns douo. IN oV
templaring this subject you must look around, and
there be any thing discovered by you tast wouia to
You even afoIeshsdowing Of any other hyponesa-any
thing thar her might have pressed INTO tno ser
vice 10 mpute guilt to her you to receive Us
evidence ia the address OF counsel, Two Things weIe
dwet upon-cns is her condition Of pregnancy-'ns up,
ur ach OF the time of her confinement and the caIeiu
manner which she concealed her state from noI sny
aud friends and upon these you areto ask, whener
you are to ad her desire of concealment any hips
tending to sustain her crminaiity Again, ln ioonae
round Tor testimony this crime, shall we not nna
manner Of carry lug the money home Now observe ne
has money his possession for three or iour uuys u
that this known to the hands board his poa' tney
kaow he has it. and where he has that money no
to New York, proceeds TO the North RIVER Dsnn'
where he changes that money ns0 ,bs streets
uuder his arm publicly exposed-stops at tue nay ~
sometime, and again at the steamboat house WHINE WIN ne
accompanied ali this time by the from Virginia Il
lay exposed full three quarters OF an hour ana duIg
his passage over 10 Port Richmond. where ne lays
down on pile Of lumber in charge Of this Virginia man,
while he went up the and returned Alter hi NO
travels with It IN neghbes wagon Sn his hs ~ M"
ney in broad daylight, ITO his house now tne quesuoh
asked that his examination, n most impo,sn.
onsdd you not, in thus displaying your money hoio
no q premium the community 10 commit ROBBERY on
your house7 Now, know the crime OF robbery Is pei
accounts read this morning, that recently robbery
has been committed board steamboat, which must
bic that one Of the various thieves which nest this city
should have seen and followed George houseman IN tue
act Of returning with this money and have watched n
until he arrived with at his home and being ignorant
the precauticn OF removing the money taken by House
man beiore eavingt home might not THIS person nave
watched about day dayhave learned the habits oi
the people. and leave at an early hour III
the morning, and profit by the opportunity ond ~
very remarkable thing that during the whole progress oi
his cag nop fOr u mO
this money as an induoemeut 70 otners 20 CommH
crime as well as the prisoner have alluded to
Of fastening the crime on Others Such has frequently
occurred. Now take the position OF Mrs Bodne, who
by night and by day. and say If in all that you find
nothing Ike foluion of the difficulty Of the commission
rules G Of law and evidence but in that evidences as we'll
out oil It, you are to look at circumstance connected
with the innocence Of the prisoner at the bar The rule
IL sound one and which you not at Liberty to
overlook" Where the concurring circumstances point
at the offender the circumstances are strengthened BY
fence have endeavored make out other agents. man
was seen Sunday night walking along the road near
people to do so it was much frequented road He had
bundle too but what 1t VIC know not nor has any
gwen that h there was any hcs
were dignfed by the of jewe!ry. So much as to
the man seen the road But there another person
and intelligent disconnected with the family
and unbiased by report that Monday afternoon as he
woman close BY and coming from the stoop Of
that house, and that they parted in the middle
Of the yard. Now, gentlemen, who was that
man, and where was he Is it net extraordinary
that of the numerous witnesses-the whole neghborhood
-whs have been brought upon the stand, not one has
been able 10 say who that man was or whers he M and
who the woman was, if not Mira Houseman. The lmpoT
ance OF having evidence Of this point Produced OF hav-
ing the produced, is obvious for then he could
plain to Us who that woman was-whether it Mis-
HousemaD. whether the prisoner was particpator in
the crime not upon ell this to who he
ha w ara left
But mention this to you for the purpose OF cautioning
you to allow any mystery as to this person cloud your
minds in any way to the guilt innocence OF the pr
That not the sort Of doubt the law means, fol
the doubt that exist the question must be
There all agents have been able discover
and proceed to enquire whether the concurring
OF this case points out the offender and
Of which are questions for to pass One OF the
ars to which shall alluds is the letter of prisoner to
her daughter On side is aedged that was writ
for the purpose Of keeping away from the house
Of George Housemsn that absence opportunity
might be forwarded for the commission Of the crime she
had been, it appears, more in the habit Of sleeping
with the deceased than Mrs. Bodine, and it is
said this letter was written to secure absence
On the other side ii il averred that it dictated
by the natural anxiety Of mother lest her daughter
should expose herself by walking through the mud
believe that that letter written facilitate the crime
by the prisoner there are two things to be dwe upon
placed in the hands Of the bakers boy and it may be
asked the crime contemplated, it not extraor
binary should placed the hands
might be read and been evidence sgainst the
writer Again, the next ground Of imputaton 10 the
hearing Of screams saturday night that fact intro
to show you that the dscessed 10 her death
by violence and fuIther, that the death occurred
Saturday night; and observe, if those Screams were
heard in the direction OF George Housemans house Or
Saturday night that brings the charge home the pr
soner who was left In CHARGE and the last seen In the
deceased & woTsns company on Saturday night On tn
some other source that there crszy man passing
BY at the time, and also that the testimony not to bt
lnno dad Arl~
demeanor the stand Of the whs testified to the
screams. One circumstance must be borne mind, and
parties; il she mentioned il at the time il would be
strong fact for your examination She she didbut
there Is no evidence to whom How far these things are
calculated to shake her testimony prone to exaggera
ton, is for you to consider and weigh at proper time
The next badge of guilt alleged by prosecution il thai
prisoner slept house the deceased on satur
day nights that she the last person who 10
her company, and possessing the last opportunity o.
attempted to be drawn By the prosecuon that she
did In reference to that, in the first place. that
not the frs night she slept there On the Thursday and
Friday previous she slept there too in the absence of her
daughter. She might well have done on either
those nights Saturdays besides. her brother
dinsry state the weather which delayed his passage
week She had, it appears contemplated going to New
York on Saturday morning, and accordingly made her
preparation on Friday evening, packed the clothing
tor her which she had washed As usual she went
Saturday night to the house of deceased and went
home on Sunday morning, not through the garden but
BY the outer walk thus exposing herself still more to
the neighbors. It was notorious to all the family
that Saturday night she had gone and slept with Mrs
tiouseman, and had asked Mrs Van Name to take her
place These occurrences recaptulated by me fol
the purpose Of asking you whether the opportunity
used by her for that purpose But there crcun
stances which require attention in connection with this
and is the fact Of the window being open sunday
II the offence committed Saturday night, it is
worth while to inquire whether the window open
the whole of Sunday and also the testimony Of the wit
who state that they the deceased Sunday,
to be taken into confederation These witnesses first
Mrs Van Name. She saw her once and but for an in
sant, she sitting by the stove On the side
averred that this testimony is entitled to much
sidsration, the in which gvenrom the
relationship OF the witness to the prisonerfrom her
strong desire her sister, and that she 10 Influenced
strong bias to state fact which in the power
al to contradict disprove On the other hand
is averred that the rapidity Of the glance, and
the fact OF her having stated the fact before her sister
suspected entitIe her to credit. You to decide
rhe witness who testihes seeing Mrs Houseman
Sunday is Matilda Rorke She does not pretend to
have heeu All IN her a n