The New York herald., 1845-03-21
Court or Oyer and TerSniner.

| Court OF Oyer and Termincr.
Before Judge Edmonds.
MARcH 20-7fiai Of Mary Bodine.-Tne trial OF this
Unfortunate woman commenced this day before Judge
Edmonds and had been anticipated the awful tragedy
srb which her name is associated drew together an
anxious and numerous crowd Of spectators who thronged
he Court during the day from anxiety TO see the pri
as well as to listen TO the revolving daIas Of ne
awful crime with which she stands charged
Al about half past oc ok she entered the Court room
accompanied by officer, after brief sojoarn IN the
age at an early hour Her step was Light ana elastic,
she quickly CROSSED the Court and took her seat
the re stove in the She recognized one Of the
officers OF the Court with whom she shook hands ana
remained seated calm and silent, her eyes hxed DOWN
ward She remained in deep meditation for some time
counenance betraying the deep conflict that was
passing in her bosom. Il fearful trying occasion
for her condition. She sat at that moment neary
within arms length Of her accusers consisting oi tour
female witnesses and others in the Court with none
present but the officers Of justice and or two re-
porers Of the press All preserved solemn silence,
vicinity Of the door way, where the crowd stood jam
med up togsher anxious to forcs their way in such
deep mourning; q black silk shawl, deeply fringed,
was thrown over her shoulders, over which was
loosely ted small black merino crava She wore
black bonnet, with light black veil drawn over her
countenoncs Alter a short period the court began
gradually fill up, and she occasionally conversed with
acquaintance friend-her son-who also arrived
joining the conversation, which evidently referred to
euse man shortly after entered the court room
with large package Of boards some ba and folds of
paper the sight OF which created deep amongst
the crowd. These were from the SCENE OF the murder
As the hour for opening the court qo3 o'cock) ap-
nued hustle and run for places II has been ntmaes
by her counsel to the reporters that she feels keeny
nick that given to her by Of the fraternity
at her former trial She always known as Mary Bo
dine amongst her relatives and acquaintances
The Court opened at the appointed hour when
Mr. GRAHAM her Counsel applied for leave to conduct
the prisoner to her seat She then led to her place.
leaning Mr. Graham and on taking the chair assigned
her her counsel seemed to feel deeply her awful
situation Her countenance was deadly pale Of an almost
parchment hueand bore expression of calm and set
tied resignation to her fate. pensive gloom hung
about IL it would seem as if every CLEAN Of hope had
she betrayed genera! % deep
suspense have had severe effect on her. With her head
hung downwards her shyness Of made her seem
to shrink from the rude gaze Of many who focked to
her, from whom she seemed il conscious she received
no sympathy Her hair s dark auburn andhung in loose
rngets neatly arranged at ett side Of her face Her
eye occasionally wandering resessy-she looked the
living embodiment Of despair.
Of her female relations her mother and daughthr
took their places her at the OF the
trial, when after some remarks between the counsel,
in relation to the mode by which the venue as chang
ed from Richmond county, which 1t appeared was by
writ of cerfiorari,
MI. De wl1r inquired Of the Court what record was
before It in relation to the present trial
CorRr.-l have nothing but simple indictment for
murder
Nh GRAHAM excepted on the ground that the ceriorari
was granted by District Judge.
The CoURr overrulcd
Mr. CLARK, D. A., Of staten Island, with whom was
should be called over When thirty four only were called
She was here ordered to stand up, when
SIMON w MAN, the first juror called, was sworn.
Mr. DE WIrr challenged
Mr. CLARK demurred.
subject Of the alleged murder Of Emeline Houseman by
Mary Bodine 2
Junon.-I have expressed an opinion.
Mr. De WIrr.-What do you mean by saying you have
expressed IN opipion
juRoR-I recolect had conversation about it
Mr. De Wrrr-I submit the challenge to the Court
CoURr-I over.rule it,
Mr. GRAHAM.-This point was decided before Judge
Kent
CoUsr.-I was not present, Mr.. Graham
Mr. GRAHAM 1t is a settled question that the ground
favor We have right Of challenge to the array, and
right Of peremptory challenge We mean to proceed in
grounds we feel authorized found that right upon
Mr. WHIrrc replied.-In England the mode OF testing
this question: as to whether the juror had formed an
opinion not expressing an opinion.
Mr. GaAHAmour challenge for favor shall be for bias
so let this be understood
IA jury otwo lawyers were here sworn, to decide the
question. in relation to the challenge for favor
Mr.. De WIrr examined the juror. | have heard and
read statements as to the murder of Mrs Houseman Mrs
Bodine implicated in the transaction that formed the
subject CT these statements don't recolect these state
ments made any impression on my mind have formed
Cross-eramined by Mr.. CLARK-Is that opinion favora
able or uniavorable
whether that opinion be favorable or unfavorable.
Mr. CLARK conended they had right to ascertain the
opinion.
Mr.. De wrr.-lf favorable, it would give right Of
challenge to the prosecution; in either case II would
be wrong to aomit the question
To Mr. WHrrNo.-I formed an opinion and thought the
charge against the prisoner was true.
The jury rendered verdict 1--WE find the prisoner is
JAMES CowELL, caled-set asde-chalIenge ellowed on
like ground.
sAMuEL Lurror-set aside on like grounds.
ID. p. HUNT, set aside on ground OF i'll health
DAVID BAARD, set sside. having formed an opinion.
Mr. WHITrsc here rose end argued that mere hypo,
thetical opinion did dquay from serving Hescited
to by MI De Witt : - f''''''N' 'o'' = 'Sf''-
Mr. Whiting. namely, that peint, or idle impress
sion was not such the law recognized as excluding
juror. It must be fixed and decided opinion
Mr. DEWITT conended that the mere reading Of news
paper statement did not disqualify.
The COURT ruled in favor Of the prosecution.
EVENING SESSION.
The court took recess about O'Clock, and ntmated
that during the remainder of the trial the court would
ourn at o'clock each day for an hour and close at
1T JUROR, WIN LIsrz, placed on the stand having an
swered negatively the question in relation to formation Of
opinion then challenged the part Of the prosecu
ton, the ground Of entertaining conscentous scruples
to rendering verdict of guilty where death would be
the penalty to which he gavea negative answer was the
first juror sworn.
CHARLIE. srosE not having answered the above query
satisfactorily. was set aside
WILLIAM KEEsE set aside on the grounds already re.
ferred to.
wrLLrAM Aam.raorc set aside on like grounds.
ORDER OwEN-Like case like rule
Second Juror, SAMUEL DANFIKLD, having answered ga
tisfactoriy was sworn.
SAMUEL BAILY challenged peremptory.
GABRIEL FOUNTAIN set aside under the rule.
J. KELLER challepged.-Lke case, like rule.
J. CLARK challenged.-Like case like rule
ISAAC Cam challenged. Like case, like rule.
JOSHUA BovRN aside the ground Of entertaining
conscientious scruples
Ors r. Potter Like case, like rule
w Ross-Chsllenged. Answered afirmatvey to the
usual question: when it reserved for the decision OF
the Jury to determine the question Of admissibility
MrWHrrNG here addressed the two jururs sworn in
| whom
the question in relation to bias" and formation of
opinion" explaining the principles which should guide
them in coming TO decision.
Mr. GRAHAM replied contending that there settled
principle law set down which excluded from the jury
box all who may entertain bias OF opinion not
scrutiny in relation the admission Of party to the jury
box in all such the taking of human life was
the penalty Before newspapers had almost usurped the
provinceo the jury box this difficulty had not arisen and
as it settled principle that no person should
pronch the Jury unless his mind like sheet Of