The New York herald., 1845-04-13
NEW YORK. SUNDAY
Circuit Court.
Before Judge Edmonis

ApH,L II Trial of .P.iiy' Bodne 7wentv first day
HaV past one o'clock The jury came into Court at 20
minutes past o'clock looking much ,cu up after their
long retirement.
CouRr-I received a commune ,tion from one Of yon
asking II my mini and conscience is forced to csncl
sion, must give a verdict % Every mau NAV act accord
ing to the dictates Of his conscience II understand "a
subject II circumstanal testimony Now, / W sh /,
kno the point on which the juror heata,es
JuRoR- (Mr. srorE) The wont OF evidence
CoUar-lf The jurors are convinced that the prisoner
Old Kill Mrs Houseman and did through premedit.t
design the law and his conscience will justify the iudi ,g
Of verdict Of guilty II the case as to HIM.
show. any want Of evidence. to enable him 10
come TO this conclusion. then Of course his consce
must govern himthat IL the jury be fully satisfied that
she dd KILL and kill through premeditatcd design the
inevitable result must be verdict Of guilty Of the crime
OF murder In regard to manslaughter the jury ouid
unde.stand that the law divides Il into four degrees
Another question has been put in alton to murder and
murder and wifal murder. person killing with pre-.
meditaed design is guilty Of murder to manslaugh
A JuRoR. (Mr. suTHEnLAnD) )-This question has ars
from the fact Of your Honors stating that Mrs Bodne
was bound T. show where she at the time OF the fire.
CcURr-You he'd right to call upon her to show where
she was at the time the finding OF the stolen pre-
pery-a man who is found in possession Of stolen pro-
Pertv-i the crime ofthe had been committed -and the
jury were convinced that he obtained possession Of the
property fsoniousy, eerit was stolenthe jury should
Mr. GsaHAm-In relation to your Honor's charge as to
tho crime Of desire your Homer to charge
that 1t should be shown done In cruel and
your charge in which you stated {, the Jury that Mrs.
Bodine was round for her whereabouts Now
your Honor she is not bound, unless the prosecution
showed where she was and then she should be bound
fisprove involved any circumstances in relation
to crimnality This is mere question Of fact for the
Jury. Our course is to comment on the matter.
CoURr-The question as a question of law is pure
question Of fact for the jury
proved where she was
CoURrf person is killed through premeditated de-
sign, then Is murderand the question Of murder de
pends on the fact OF the existence Of dssg
His Honor here handed tho jury written definition
the crime Of murder, contradistinguished from
slaughter.
JUsoa-(Mr. SEDeEsERRy)-The question w.sa To
ask the Court is-the night before last slept char
with headache, and last night di3 not sleep at all
(Roars Of laughter) ask the CouVt ~ "llsw this
night to 60 ine room by myself, ~ i is alresdy
made up (Renewed laughter)
CouRr-l cannot allow that MIR ssdyeberr7
The jury again retired.
At 20 minutes past four O'Clock tho Jury came into
Court and rendered verdict Of gully with nmen
datiou to mercy.
The jury each polled The pr.cner rece vei hi
sentence while In her seat with apparent rmnes and
did not weep until che had reached the doorway Her
son, Albert who remarkably foe lookinr outhl was
the only member Of her family who was p.esent and
companied his mother out Of Court. He wc bitterly
was really affecting sight him leaving he f'cr
room The prisoner Immediately left by H. .'c
doorway Of the City Hall, accompanies By the r. ~
and one or two officers, and took carriage on the star
near the Park, and drove eft to Eldrdge street prison