The New York herald., 1845-04-11
Circuit Court
Before Judge Edmonds.
Trial Of Polly Bodine for the Murder OF Mrs.
George HOuSeman and Her Child.
Circuit Court.

ii"i vi luiy DUulh0 lUI TIC HUTutf Oh mrs.
Ge0rgc h0IlSeman and Her Child.
LAST DAY
CHARGE OF JUDGE EDMOsDs.
The Courtroom was crowded to excess yesterday and
the most intense interest appeared to prevail
AT haf past ten O'clock Judge EDMoNDs rose and de.
lvered the following
CHARGE.
oENTLEMkr or JuRY al shall not ATTEMPT 10 dis
gusc from YOU that enter upon tho discharge OF
duy LETT me in this with deep end strong feeling
Oh the responsible that rests upon me- This case has
gone gradually slowly but surely on till s now
~ at ITS last pointhat of being submitted 10 ycur deci
SION TINS Is not ks an ordinary Of trial upon
Indictment for tried before the Court
oyer and Ierminer al which the Circuit Judge assisted
IN MS deliberations by persons whom the law points
mas been removed from a Court of that kind to
the Superior Court, by whom it has been sent down
for me Try alone and have ielt during the wsole
Oh the case the embarrassment arising out OF the
sontay position IN which stand towards it, have en-
desvored to discharge my duty regard 10 faithfully
AMI in painin and anxious desire arrive al he real
truth and justice Of the That have ia all
escaped error is too much for to hope expect have
this consolation however, that my decision and whole
calm end oderate snd dspassonate discussion may test
my proceedings in this ampes manner and correct any
errors into which may have fallen II will rot be my
duty IN this case to pronounce Judgment In ordinary
that duty does devolve this Court and
the COUNSEL have spoken as il wouli he in this
also. is not SO, however. The Judgment viii be pro
nounced in he Superior Court If your Judgment should
Oe one OF guilty. Ihey have sent II merely for the
decision OF tho questions this defendant guilty
Yonr verdict will be transmitted by that Court
with your verdict, be it what il may. have nothing TO
DO and its consequences not to be regarded any
further than as inducements to us to lissen calmly
to weigh with ieliberation-to bs careful cautious
and prudent The fcarul consequences that are 10
Aow from your decision, which ever way it ma,
De, are to be regarded by you other light than
az warning you to be deliberate and careful You
20 dismiss from your minds, when have brought to
i that deiberation aud care every consideration o.
the conseausnces will not be improper for
70 yoy that this 10 OF the taornsry
ps found IN the annals OF criminal Jurisprudence. The
attention which 1t has exced-he romantic nerest tina
we have felt IN every step Of progress shows that
Il So We have by our laws but three crimes punish
able with desth-wo Of them involved in this
murder and arson. murder, it is alleged has been
committed upon woman and unoffending cld-arson
has been perperad also for the purpose Of conceane
that crime and in addition to ALL have robbery Three
crimes then have been committed OF henous magnitude
and under most orociou according to the
allegations OF the prosecution, and ALL it is affirmed by
a femae-one In the prime of lie-a tender fsmaleone
bound to society ny those ties Of parent and child which
in ordinary instances calculated form strong ad
monition against the commission OF any such offences
The allegation then made, that these great crimes have
been perperaed under such badges Of attIocity by
male, aud you called now 10 pronounce Judgment
ana not on direct evidence Of
principle that pervades our whole jurisprudence-tha
has for years and past and must for years to
the question Of the reliability Of circumsantia evidence
Aud know no case-I have met with in the
my reading and experience that compares with ths
in reference to the Importance Of that position
cause But do not the slightest degree regret it. The
magnitude OF the question presented to u.s. in reference
tension Of tme On two occasions, in tie
OF the proceedings suggested that this might hav
view Of the do do we know Sow On coa
have occupied less time consistently with faithful and
Conscientious discharge Of their duty Nor do rege'
the time occupied by the counsel in their addresses Il
you. We have had something like forty issues to
anime and decide of them distinct il it had
been separate causes had been necessary only tha
their accueness and experience but also that shouc
si out from the immense mass Of what we must consider
the chsf-the real grain in which an action il
to be expended The has been well and ably tried
on both Sides and the industry talent and ability coun
sci have rendered task and mine much easier thar
would otherwise have been. But again. there another
consideration that impes look upon this expenditure
OF time as astihable and proper There is nothing ha
more strongly marks the distinction betw acivzed
aud barbarous state Of society than the estimation il
which human life is held Tribunals before whom ques
ton involving the life Of human beng comes cannot be
too cautious and too careful in examining ths
question in all its bearings And here must say that
owe to you gentlemen Of the jury to render to you
this public expression ofapprobaon account Of the
examplsd patience with which you have discharged
duty have seen many trials that have occupied much
seen SUCH patience on the part Of jury as mas been ex
hibited in the course of this trial From that unwearied
care and attention. augur the best results With you
decision the world at large must be perfectly salts
| Ted that it is decision made upon the pures,
and safest foundation-that of careful and patient
examination, and honest disposition ON your part The
appreciation Of human life, have said is that which sp
pears above all other things distinguish civilized from
been TAKEN and when BY the policy law life can
again be taken. courts cannot be too careuuries
not be too guarded It is sad mistake for any sup
pose that we are ministers Of vengeance When counsel
in the progress Of this have othe prsoner
atoneng for thecrme they did not properly regard the
object law Man cannot atone TO his fellow for h
crimes What atone to us for he violation OF the law
his Maker Z know Of no such atonement "vcngeanc.
Is mne, saith the great Creator, and will repay" Tn,
power to take vengeance has yet been confirmed
upon man. He who thus regards the ministers Of jus
tce, lays sacregious hand upon the attribute Of tn.
Divinity We have right take vengeance, and that
consideration not for one moment to have weight il
your minds But for the welfare of society the pre-
servation Of the maintenance OF the supremacy
fths law, and the protection of the weak against thu
strongof the timd against the violent has been deem
ed necessary that lie should be taken that
taken Of higher power, the atonement is not to u
but to him that made US. Dismiss, then, every
idea that any :tonsmsns " due to u.s. Bear Sn
We live, that maintain for our lives, liberties
and pursuits Of happiness may require at hands
gentlemen Of the jury which 1t is my duty to present
you before coming to the merits Of this must
you sgsns rs two c evil, from % which yos hs at
opuiar prejudice regard my solem duty upon this
occasion to warn you Against that influence As proc
otths extent and char Of this popular prejudice may
state that have at this moment in pockets threatening
letters in reference to the result of this controversy In
all atrocious crime the public mind will be
cited II is averred here that these great crimes have
been erperated-perperae under circumstances of
paralleled atrocy and it is therefore all wonderful
that the community has been excited The preservation
OF the lives OF wives and children involved the
question before The Of the ercitemen,
mas been demonstrated not only in the diculty Of pro
curing jury Staten Island, where the case should
properly have been tried but by the exhibition which
This Court room has presented from day TO day, since
the commencement Of the present trial. What has
caused this intense feelng7 Not merely the notice of the
crime alleged, but also the highly improper con
duct of the public press und feel my duty minister
oustce standing here within her sacred halls enter my
protest against tue injurious resulting
that course OnSunday last saw in othe papers
cyand instance 1t on this only for the pur
pose Of informing you of the extent CT this prejudce
order that may be your gusrd-one Of the most
arocious articles in regard to this very trial that could
pcnned by mortal man. and venture to say that he who
could pen such article, could without any difficulty
find himself in the situation OF the defendant tro
for murder He who could manifest such q thirst for
blood, and such disregard for truth, ought not for
instant ts have the power Of using the pen and dusnf
his notions throughout community that has any regar
for morality virtue and justice Vastly much Of tho pre-