The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-11-09
Law Intelligence.


Law Intelligence.
COURT OF SESSIONS, Nov. Trial Of Madame Res
1eH for Producing .Abortion- Summing up Of Coun-
ss!1he testimony in the case of the People VS. Madame
Restell alias Caroline Lohman having been concluded
on Saturday last and the court having adjourned from
shat time to Monday morning the counsel on each side
In summing up On the opening OF the court yesterday
JAMES BRADY, Esq one OF the counsel for tho ts-
occupied upwards OF four hours in elaborate speech
which was listened to with attention throughout. The
Dased, was OF such nature as to preclude US from
siviog more than condensed sketch of them
On rising he proceeded as follows May it please the
Court ana Gentlemen of the Jury. wish you to give
me credit for sincerity when say that 1t neither
my wish, nor my ntentiSn in the first place. to address
any remarks to you in this case. | would have been
glad Of being excused doing although 1t might have
been unsensrous in me to impose the whole of the
duty he gentleman who Is with me in the
defence. AS far as | concerned ms counsel in the
Gaze consider t my duty to state that have never
kno wn geusmen to continue their attention 40 unre
mittngly to you have done In this from its
meDcement to the present time. | am persuaded
that in the remarks which shall be called upon to make
to you and which shall be made with other purpose
than to refresh your recollection and throw some light
the case that you will think that tits with that view
make display, that proceed to make a few remarks
which may bring to the conclusion at which have
arrived therefore beg Of you, gentlemen that il in
the course Of remarks you think to be guilty of
error you will have hesitation In correcting me-
for 1t is improper and wrong to allow counsel to make
any statements which unfounded and IL for the
purpose Of correcting any other purpose beg
the jury to correct me- without feeling any deicacv In
doing So will take the liberty, on the other hand, II
90 not See the jury give their attention, to saw
snah have no hesitation in informing you of the fact
now what s me charge against the defendant this
case Ihp il ths point to which shall first direct your
susniop shall not read to you the Indictment in the
case-sufnce to FAY that contains number of counts
committed abortion the psrson Of Maris Bodne she
being at the time pregnant with quick child 1t is ON
charge OF mansiaughter in the first degree that the
defendant in this case is being tried the penalty of
which IN case should be substanated is punishment
IN the State prison for less than four years and not
more than seven. / shall no, detan you with dry re-
marks he law or the proof by which the Accusation
must be established e.ye thai 10 nv legal nssociate
VINO wiz prescott to he court and jury The law by which
lucy must DC guided in dsposing of the Having
thus called your AZ enton what IL the charge in this
case which you are sworn to try and relying with con-
you viii co fue your attention to special charge be-
fore you, and nothing else, and will not allow your
bear on the charge, shalt proceed to the points which
ore necessary TO be established in the case The first of
these Is pregnancy that must be established beyond
question or doub; and IL in the testimony in the
case, DO That given by the gentlemen of the med
ieai profession as well as otner persons the
gene.nen of the jury to the conclusion there is
no proof. they viii be compelled to render verdict of
5cqutJa 1t IL to this branch OF the case that have
gwen my attention, and when present to you aualy
sis oftbe testimony this point will leave the
se for the TO show to you the mistakes
which have fallen, or must fail 1t will be necessary
IN the rst place for the prosecution before they
hope for verdict for them to prove first that the pn
cpa witness in this case pregnant second that the
cniIu WI, QUICK; third that there abortion by
unlawful meaDs and fourth that the abortion was pro-
duced by the defendant; that it abortion not
produced in the Of nature not by the Ma
RE bedne hersef but by the defendant who IL charged
with dons ia the Indictment and in the Last place
the prosecution must prove and establish that the de-
PENDANT committed the abortion with the unlawful In
tent TO do IL is necessary to have all those points
tablshed before the jury render verdict of guilty
IN the case. Having Seen what the charges in the
casr-wat points is necessary for the prosecution
prove, wall enquire in The next place. by what
KIND oil testimony must these points be established?
be SO conclusive as 10 exclude any reasonable idea
that the defendant is guilty The prosecution present
themselves here to establish crime against the &C.
oused they come In armed to the teeJh-they come
here invested with full power produce such
rs IN heir opnion they require prove the offence
such leave no doubt in ths minds of tn.
juicy And If after the jury entertain reasona
ole doubt on any branch If the case as a matter of
law ane justice require that they should rendera
rule spps la civil well criminal cases. but in thu
latter particularly and t il laid down by the best writer's
ana feeognz by the hortes not enough
that me proof be consistent with he idea of guilt
must be- ssteht with the dta Of innocence and If
there be any oouo The jury are bound to render
fct OF not guilty Jf there of this kind
IL ID the nav before ths jury-if there was case
where this principle sLonld ba adher cd to- this is the
case the prosecution have had here all the powers
they desired TO prove tEeir They have had the
Chief Of Poicethey have the District Attorney-they
hse had the whole Police force Of the City and County
OF New York TO aid them in this case but in ordinary
prose solutions in which the district attorney Is called
upon TO act he gives NO other evidence than by examn
ne can gather by reading the papers But when case
occurs which eScites public interest, when person
as arragned against whom there is strong prejudice
IN the pubic mind the feeling reaches the prosecution
and The District Attorney. who IS than a man.
carried away. as all district attorneys have BEEN in
eli times by strong desire to discharge bis duty faith
fully aud procure conviction He thinks the eye OF
tAe public ~ him; and spppOegs most erroneously
that shs public has something to do with the trial of the
case shall eudeavor to show that the public has
hing to do with the verdict and that suppose they
have ~ ore Of The widest fantasies that ever enter
tained by any man. The public has more right to
intrude Itself the stand in court between the Jury
aud their nsoences than 1t has intruds itself be-
tween man and his religion aud his God say that
tins case The prosecution are prepared and armed
ali points They have in Orange county where there
every believe this prosecution had its origin
j I'D ali the aid they desired and when the case came
down 20 this the prosecuting attorney found all the
public aut critics aiding him doubtless for good purpos-
80 bat which were never intended You gsntlemen OF
the jury have Witnessed many trials in this court and In
how many have you knovn tho Attorney General, the
District Attorney, the Mayor, the Chief of Police the
police force iucudisg MIR. Bowyer who, 1t appears
tbs general chief Of the prosecution in this casehow
often have you such array Of force the part
Of che prosecution to procure conviction for the public
goodi And how often do you find Squire Neate,
or some other squire, coming to court for what he
has been subp@nsed hs does not know except to find
PARTICULAR date and It, and in ,ssstng in get
ting witnesses for the prosecution IL not often that
suah great zeal Is manifested but in this case because
H was supposed some great object to be attained in
procuring conviction the whole power of the State of
the oity and the power OF Orange county were all en-
stsd Ia an attempt to procure q conviction Therefore
t"ope VI power OF the prosecution 10
sustain the cations In tho case If they could do so;
they must DO held to the performances of 1t to the
strct istter how mas the defence stood in this
how different has not t. the case of defendants
brought here Have you gentlemen Of the
Jury not known that until the time came into court
We knew notwhat we would be called upon 10 apswer
We h the indictment TO be sure We were told in
The mystic language Of the law that the defendant pro
luced abortion the person Of Maria Bodine in the
month OF July 1916; but what day how at whose in
tsaton or OF any hing Of the history Of the osuce
We were not Informed. There no preliminary exami.
nation No opportunity offered as to confront the wit
ness who swOre TO the charge No. she quietly re-
posing in The arms OF the prosecution, weak and debi-
lated as It is said she was, both In body and mind
They had her in the house OF Mr. Nevins, and In the
5ouse II Mr.. smith, 40 secluded that no one was
permitted 10 her get glance even at her exoept
IONA person connected with the prosecution Doctor