New-York daily tribune., 1845-03-22
TRIAL. OF FOLLY BoD!NE FOR MURDER
Circuit Court.
Before Judge EpAoSD

Trial OF POLLY BuDlSE charged pRcr sersTdl Indictments.
fsig Jfvder, Arson, de- in causing NE deaii u .HiS
anil cld, setting FIRE 70 ne 're"ise' and
Burglary connected herc'cth az Staten Island.
The prisoner vho present during the proceedings In
relation to Eager then placed at the bar near her
counsel her mother, before taxing seat By her dc
The Courtroom much crorded and large numbers OF
persons unable 10 obtain admission. compelled 10
away.
a large number Of talcsmen then returned and
amned their fitness for jurors. The general excuse
that they had read the accounts and made up their
minds One Of them stated that lie had expressed an opn-
ION on reading the report ol the la trial that it was all
circums.anal testimony, which, had hc been on the n-
ry would have convicted This was considered
sufficient him aside Mr. Se!sbury one OF the three
Jurors sworn yesterday, stated that he held similar views
The for prosecution then moved that he too be
ASIDE the argument pending at o'clock the time
OF the recess single juror having been obtained dur
ing the forenoon.
judge Edmoads stated his determination to continue hi,
efforts Jtan Jury until the whole panel OF the County
should 1e exhausted
Another OF the Jurors sworn (Nr. Linz) also stated to
the Sheriff he held similar views, and coul not return
a verdict OF gully upon crcurlstantial evidence
Mcssrs Clark and Whiting moved that they BON be set
aside which motions opposed by Messrs Graham and
pe Witt,
day in trying get rid of two ihen
Judge Edmonts, deciding the question: stated .ha d-
ring the recess he had had an interview with Chancellor
Kent who fully concded in the idea that juror who de-
cllred ne would not convict upon circsiantl testimony
shoud not be considered al indifferent Witness The eha-
leice of the two Jurors cmpaneei should therefore, be a.
lowed.
Mr. scbury rose and said that when he had stated the
sentiments the Juror under examination to be similar to
his the juror had not then stated that under no oEi ot
crcuns,antal evidence would he IND verdict ei G'i
Nv scrupes not go quite far that although should
want strong and clear testimony before would convict
Ny OPINION IS and always has been that Is better ~
guilt persons should escape than that one innocent
should suffer. 1.-THE Court thinks with these sentiments
that am competent 20 serve as Juror must serve
Mr iin,z was then examined to his views IN regard
tn evidence He asked II ne was sleep
INC in room heard no the adjoining, and on
going in saw viii yeckIng knife IL hls hand Lean
iug over the bed OF person who was bleeding from i
wound in hts heart, and that PERSONS money was IN te
pocket OF thus having the bloody knife IN MS hat'
would he If he Juror lind verdict that liie Dow
had been struck by that man? The Juror stated at ne
would not O.Ler uCes ions were asked the answers 10
which slightly vare the position OF the Jurors views Ihs
Coi, considered that the did dot come within the rule
Is laid down III the examination ci F bucAiey 10 ihe
mor1.rs Mr. Clark excepted 20 The charge The Tr'eIs
found the challenge was rot rue ad lc Juror was
returned TO bis seat in the Jury box
Mr. 4 B. SiiIuds WAS then recalled and examined -
IIe stated that lie would conyic; Tor murder in &
case where there was cyewness testimony, but on cir
crcrs ania testimony only he would 90 no farther than
Ianslausher. because if the accused person vas subse-
nueny imprisoned ard proved by after circumstances 10
be innocent the error might be rtnee The J1ror per
sisted in the deci.raton he would so no farther than
this The Court dt consider that The Juror CAME
r the rule 4. laid down Mr.. Buckley The Juror sta
ted that he formed opinion against the prisoner.
He as accepted and :wcrn. making In al, Jurors en-
plGu-liei.
OF Other Jurors called some had e1pr ssed opinions 10
their wives and farl-one had formed bias against the
priso e. since he came into Court from hearing many
Jurors saS they had Termed opinion. Scme had
pressed opinions to-day, which was not considered suf
ceut 20 excuse them
William Gardner peremPtorly challenged making {.
Several others called. but sc; aside.
The word round in whispers, among the Spectators,
that Polly BoiRe nigh; rom consider herself safe.
Two or iree other Jurors called but had formed
an opinion. ard ere set aside
Hubbard c. Stone storekeeper i0i Broadway, then
called Does nJt know that has isrned opinion
Would give verdict CT guilty positive c;!cums,an-
tai evidence. satisfied Il correct; accepted and
swo1r-uaking eePanelled.
Thomas LppIncu;t, caed--Hea-d from Of the pr-
souefs friends on The SewYears Day after the circu-
stance occurred what made think the locked dark
against her. Have expressed an opinion Sc; aside
Wilson Crosby, csIet-Aiowed BY the TTcrs, Pc
remp.ory challenged. making in I'll SIX percmP;osy ca
l-nces thus f4r.
IiLhGm Py, cae.-Has read part Of the testimony on
the last a but formed opinion FOR or against the Ps-