The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-04-03


April 2.-Ifisl Of Polly Bodise- TweyM Doy.-rhs
Court sat at 10 o'clock and usual crowded ex
Of females
The question the admissbity in evidence of Ger.
tain decarators made by the prisoner Mr. Coddngton
and Alderman vsndervoort alter her arrest was argued
a. the orsnins of'be Court.
Nh wafrI 70 con,elded that inamuch as the prisoner
had gone voluntarily to prison. and the declarations made
~ her were also voluntary and therefore the declarations
could not be considered privileged communication
thsy were not extorted through fear
Mr. CANAAN rose to reply.
covRrI have examined this question at great length
Mr.. Graham and you not reply The question here
IT, whether those declarations we're made through fear
Now this is not the only question, for should also
inquire whether such declarations true The chief
object - to arrive the truth His Honor after citing
authority in support of his position, say tho
question was as to what the state Of the prisoners
conversation In which these declarations were made
took place SUNDAY afternoon To trace her back we
house when in state OF pregnancy from the rspresen-
stons made 70 her family a. to her being concerned in
the murder. she must have wandered abost all that
night on Staten Island and her suffering have been
most severe On SATURDAY night, find her taking tea
IN mouse OF reireshnentin this city, alter which she
went to bed and then we hnd her driven out Of bed BY
the Information shs received, namely that there were
officers in the neghborhood Tkat night shs wanders,
sce o siss:s
that from all these shs has undergone du
h Of she %ss % Sao mad
the arrest and offered to protect her. provided she
turned TO her family the island In this state Of mind
have no friendsshey were the 6rst to accuse men We
next md her taken before ocer Of justice Alderman
where she subjected the still harder degradasons
OF being stripped by the rude hands Of men, which
Ma q n her pS
so balanced and calm that she could give true deca
ration ct this timewas she in such condition give
and candid declaration under such
the s place she operated upon by the promises made
10 her by Mr. Coddington He was there at the time Of
the search Under the influence of these promises she
makes these dcclaraons-and here, let remark, it
was the duty ofthe Alderman to caution her against
to have gone farther and cauoned her not to use any
expression 1t il further to DO considered parcul arly,
whether such expressions may not be untrue state
Honor ruled out the tsstimony frs ON the ground
that she made these under the promise Of
custody oicer she had right to suppose he had
authority and he ought have cautioned her that any
thing she said would DO used against her.
MIR vArDERvooRr here placed on the stand by Mr.
WHrISa and questioned a. 10 the exact circumstances
ascertain whether the could introduce such
as testimony,
The Cousr directed the Jurynot to pay any attention
to the examination.
The witness said che looked very much exhausted
and worn ont and while in the boat going to- Staten
Island he said to her you had quits long walk CON-
ing to the boat yesterday morning"
The CouRr ruled out the declarations OF the prisoner
on the grounds already stated when the prosecution
Tha DEFxScE was gone into
aMr Dr. W,rr ened the In bis opening remarks
self and his associate MIR. Graham the present csse
upon former occasion they ever placed under
such deep responsibility. This 10 q question Of the
utmost importance, relating to The lowest degrees
OF crime-involvng the most serious responsibility
The duties that de.oved on the Court and Counsel was
however. comparatively easy to dischasgewhen COM
pared with that Of the jury whom the chief RESPONSE
bility rested The prisoner stood before them under cir
cumstances Of unparalleled misfortune There ques
tons which, apart from TIE issue before the jury rendsr
ed her csse more deeply aiictDg than that which
before any unfortunate female subjected If it
simple of murder ii would net have excited
deep feeling Of bitter luminosity in the minds of certain
70 dsts That the fact Of sSs prisoner
having giving birth to an lsgImate child That por
,n q the i. SS.%muny Ssn ,ors.e nsnhno matter
late the laws Of the marriage bedbut when they find
one Of their own sex made the victim, lowered in the
this feelirg greeted such prejudice in the pub
lie mind for more hanhe peculiar character Of the muir
der, and hence the extreme difficulty with which they
ere able to select jury.
every fault tear may claim,
Except an erring sisters shame
1t this that operated against the unfortunate
who trial of Lie and death, than
in all other that before Court Of
ce and combined to condemn her in advance Man
may thus mat to what extent, and still he
though made victim to his artaces errs she Is to be
sacrificed Mrs Bodinss history his duty make
known She belonged to the most respectable family
Staten Island-she married at very early ageher hus.
band became dssipated and the consequence seps
ration Some time after she to the city Of New York
time kept school Her husband few years since
married another female for which he convicted of the
where e. dsd ncs her
time her Albert to Waites store where he
Engaged as clerk and her natural place of resort when
she came to New York. was Wae's store where her
was. feeling Of the purest love, emphatcally the
pursst love- sprung up between her and Waite and this
illegitimate child the natural result They loved
each other and her affections pure this time
that not her mother her sisters any Of her daugh
tiers. are aware she was pregnant When we consider
the III hat
have been heapcd upon herher long and intense suffer
ing the degradation she has been subjected here SEX
police public prejudice that has been
sed against her-the pictures that have been published
sent her, in the Museum-a these tending to create
prejudice in the public mind and poisoning the channels
dsuss to Contend with II mas ss ana
trial. There in the courtroom but too many evil
dsnses OF the keen feeling that existed in the minds
courtroom was crowded to excess with ladies'
Mr. De w. after further commenting the prejudicss
been awakened in the minds Of the sex against
the prisoner and dealing broad hits the ladies
present he subject made sharp attack upon the
porter. who went 70 Staten lsnd who By
had been awakened in the public mind against prisoner,
aud went detail the line Of defence which they intend
cd to adopt namely to show that the prisoner not
the Island during the time Of the burning Of the house but
had come to this city in order to conceal from her family
in relation 10 this murder was purely crcums an,is un
dor which the jury could not csnvict He then went
the 81 ns for the
the Jew pawnbrokcrs Of this city, whose stores were
mostly receptacles for stolen property the little remnant
Of dress belonging to the widow and orphan oaths
he continued ought not to be relied in where
the taking away Of the life Of Christian concerned
Afsr dwelling further on the Circumstance OF the
prisoners pregnaney-her anxiety to conceal the
matter from her fanily-her desertion by her friends
her utter destutioH-her almost insans frame Of
mind in suoh trying circumstsnsss, Mr. De witt
went on to say, that since the prisoners arrest
nothing had escaped her lips the Of lsve and
affection for the deceased, whose death she amentsd and
confirm ed to lament there remained any particle OF
doubt the prisoner entitled the full benefit Of that
doubt, fer i settled principle In law, that
better thatniney nine guilty persons should escape than
to show that the Monday which the murder ssd
to have been committed, man and woman sctu.
ally in the House. A. 10 the motive that attributed
able to show that the Of u 000 which II Yves said
in the house at the time OF the MURDER actually
delivered for safe custody to old Mrs Hossemsn, by MI