The New York herald., 1845-04-11

hers was clear testimony to the prisoners going
hat Mrs Bodins did go over Sunday. She was sees
20 and look in at the window, and try the 10 X
pf the door and Immediately home being ole
10 get in. Now, the inquiry is whether witnesses
ahshed the fact that the crime could not have been
by Mrs Wampe. only mention those parts of the evil
dence consider most important. but while omit other
portions Of il, do not mean to convey the impression
hst your province and your duty 10 attend to
tlen As 10 her waiting tor the stage that morning, is
io you determine how far there any thing unusual
IN that She goes board the boataTrives al N. York
goes to Waits and witnesses produced who pretend
to keep the Iun OF her movements durIg IN.
day There % are some rv mnar,sn m ,hs srs,
place, it is averred that she waited for the stage
from eaily hour, and that s set forth as badge
Of guilt On the other hand said that was necsssa-
ry watt the siege IN the habit Of passing rapidly
down the hill and might have passed on il it had not been
watched sides that her custom to wait for IT. az
on this occaon therefore, that another circumstance,
marked badge of guit her crying out to Thomas
this to be regarded as badge Of guilt or conduct natu
raj to woman under the circumstances IN which she
was placed for you to determine The tact Of her over
paving fare in her haste to get board the boat "a
also looked upon being badge OF her guilt and also,
that she looked at the house as she passed along The
facts related by the witness for attention. but
with the inference drawn by him you have nothing do
These are the dwe upon to her arrival
New York Chrstinss day. ond are TO be very care
slly weighed by you well all the conduct pri
soper as olmportant to coming to correct conclusion
From the time her Albert traces her to Waites store
at IL O'Clock Tor halt an hour returns sgain
about half past twelve remains short time goes cut
again J. and remains ON hour and hail. Where was
she then Was she pawnng those things az the pawn
Where she the residue Of that night This very
important question for you to determine in the matter
And now mark me-abou IL o'clock the watch belonging
the deceased similar as to be taken Tor u,
offered pawnbroker at th6 corner oil Canal and LaRht
streets short distance from wses store where MRS DO
u o'clock that atch ID offered by afemale to r Ade
phus to be pawned between - and the spocnare lett al
Hart's, between and O'clock the chain at Cohens
and the other articles lett ut SchuenbeTgB Thls
half hour after ~ O'clock and hour ana half alter
herself these articles being pawned by female in that
interval By what female The person who did 40
be the same that The inference TO be drawn az all
these done by person who gave her
Mrs. Henderson, Of Bergen New Jersey, Again.
hsr dress 1t is said in getting IN the stsgs that
tif,s she wore black striped velvet bonnet black
dress and no cloak Now on her way up, she pought
On green veil and at Adophuss she had satchel such
carried by females. Now from all these circum'
Judge who that was LOT a !hess are @
eft Waite CO. she sad to Mrs Strangs to stay all
night She did not stay that night at Mrs srangs That
The next morning. at early dawn, she was seen at the
Quarantine ground, four or Eve miles from the pre-
and going on board the ms seore an
started Wherehad she been during that nightduring
the interval - end o'clock on the day pre-
vous, and during the residue OF the time from o'clock,
we'll thu sight and next morning1 Now, she has
offered an seR. If herself through her counsel @ and
ten Island the presumption that those parsons
whs testify having her. are entitled to confidence;
this is ao Dr. you TO decide What account does she
gvel The counsel for the prosecution seem from re-
mark made BY them, to think was not proper TO SLOW
her give thaccount she did give through her counse
do not 30 understand In the French courts 1t 10 Gus
tomary to allow it, and question the prisoner on the
subject and in the English courts ao the accused a.
hs her
nation, with due allowance at the same time for the
influence Of her position OF her danger and nducement
prAt tou ako fall
that being. at that time in the condition of preg
nancy, which she desired to. conceal from her
pose getting rid Of her difficulty, and avoid the shame
attendant upon exposures but, gentlemen let me ask
when that shame has been disclosed and the Dirtn o.
reason for withholding from you the explanation any
longer exist The argument Of counsel is that a. this
time she have been secluded in cfthose haunts
where facilities are afforded ts mothers Of committing
crime against their own offspring, whore she might gei
rid ofth burthen she carried about with her That
understand It. is the account she gives Of herself. But
gentlemen mark me, II the purpose with which she wen
to this place was honest was that Of giving birth to her
child in the regular uness OF time there be no reason
which could operate the minds of those midwives who
there come forward and declare the ac and the
only appears that It is net DONE 10 that she
cannot disclose what place If her object was
to give birth her child in the fulness oil me witness
need fear to attend in this Courts but her OBJ
ec Of another nature she would not be enabled to
produce II in evidence And, gentlemen however our
feelings may revolt at the turpitudo Of that charge you
innocence of this crime for which she is trial
We believe that murder and robbery was committed
to regarded the motive for setting fire to the
house, and the question s who fired it, and for what
pose7 That important question, for we believe
was fred flor suoh purpose, We are called upon to D.
lieve that party committed the murder. Was Mrs
Bodns In New York at Staten Island at that time
Was she where she might have committed the crime
question Of identity important and have met that pur
posey by itself in order to impress your minds with the
ps S ssa
weighed we'll, although in some cases circumsantis
evidence as to identity may be very satisfactory and con
elusive in any sensible mind but there be evidence
of identity slight and weak to be entitled to very
little consideration. What kind Of evidence is produced
hsre7 Cohen, with whom the chain pawned, is very
well satisfied that the prisoner the person who did
30 he has no doubt of and you are to observe that
h "a ns s h
purpose and that was to see If she was the same female
who had short time previous redeemed another chain
his store only four or five minutes during which time
Cohen was engaged in making out the ticket and dupi
sr to
for you say how far he had an opportunity Of know
ing the prisoner Hart equally positive but in his case
Cohen, to awaken his attention But there is one
thing to be regarded in the case Of Hart and that IL
the person. he pointed out the wrong and
wish here to remark that an objection was made by
counsel to my repeating the observation made BY wit
II am to sit here as judge and hear an answer
from witness and disclose it. would be unworthy
Of my position We not sitting here for conviction
but to ascertain the truth, aud to recoect that
counsel for prosecution, engaged in defence OF the
prisoner liable to look at the different
y from the views Of the court and jury; and hold a.
my duty to state what the answer was He nrs pointed
out the wrong person, and then corrected himself snd
you consider this Adophus pretsnds he identifies
the same person who was in his store ON the sunday
afterwards in the Tombs and says that Mrs Bodine !:
much altered since that you satisfied from ell
hisestmony of the identity Of the prisoner that she it
who pawned these things which were part OF the
property OF deceased end her when alone
you have got circumstance entitled to very much
twl,k 80 ham nu1tr nosc cnRn MI m
take consideration only the alleged slight oppor-
uniy OF judging which these witnesses had, but also the
faculties Of judging of persons possessed BY them
good deal has been said as TO the cha.
racter aud reputation Of these Witnesses and
sincerely regret that counsel have felt necessary TO as
sail any particular denomination Of citizens; and
know Of nothing in the character habits religion othe
Jews calculated to call upon us to dsbceve their tst
mony any then that Of Chrstians or justify. for
moment, the act Of passing wholesale condemnation
any class in this Nor do sse in the business Of
apawnhroker sny such demorszing influences as would