The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-11-10

Preceosn. wn Iho tne autnorty OF Justice beards-
Ihat decision the unoorroborated testimony Of Maria
may DC reserved 10 eydence-it requires no evil
uence 70 suppor. put adduce such additional test
mony ana aeouce the fact OF the commission Of this
Srlmsi Dus presume snail be told that our witness
Mar'a nU%ns woman OF bad character He begins
* HIus VI me, an unmarried femals OF unimpesch-
she .S pure and unsuied female to 90 on
n s so 70 TESTIFY against the prisoner This know
-" 80 LIZ" we al know, cannot Dc done lie then
Ihe woman VINO has lost her virtue, and asks me
prosecutor 10 bring corroborative testimony OF
sposIuVe CHARACTER How am to do this! VIII others
VINO have been subjected to the treatment her
voluntarily come forward and testify against her!
Am 10 go down to that den in Greenwich street. to
nnd other hend-ike beings for this purpose Am to
take inmates or worse than brothel TO prove what
desire Am ! to take Restell's witnesses to cor
roborate the testimony Of Maria Bodne! ls it to
De Madame Restel's servants that | must take
for that purpose Why, gentlemen do you for
moment suppose that Madame Rsstsll Is the
present ana witness her operations! NOT she say
there IL not human heart who could stand by and
the wrthing agonies Of those who are operated
VINO B tners out hesei ana her victim IN the room At
the time OF the time OF the operation No one Wear
not to believe that she allows any being to witness IT.
She who knows the law 30 WELL takes good care to ma
mage this part Of the business and when the poor vio
Tins leave her den mark what she says to them by way
OF caution Speak not of 1t to any one; be silent; be
quiet for tho act will consign us both to the state
Tor submitting and causing to have 1t dons,'-.
Now, you say by your verdict that you will not be-
lievs Maria Bodins and you give the defence the
the triumph and Rsse and each OF those wretches
engaged in milsr infamous pursuits will thank you for
your decision as you cannot reach they
well know that this girl or any other victim cannot, or
rather would not be believed The District Attorney
after Offering some remarks to the jury relative to their
duties, proceeded to read the testimony Of Maria Bo
dine far regarded her first acquaintance with Mr.
Cook -her residence in his famly-her intimacy and
criminal intercourse with period at which she
discovered herself to be pregnant-the symptoms at
tending it-her visit to Madame Restel, DR.. Coles
her return to Raapoa her second visit to this city
companied by MeCann-her second interview with
Madame Resell-the amount OF money alleged to have
been paid for producing the abortiontne mariner IN
@ .ns hare ut snatS by the
Attorney together with tis snects resung % me me
sams-Maria Bodine's return TO kamapoa arssr tns
subsequent sickness caused sy Inc aoor
tion, etc After ne sumed MS renarks
Now, gentlemen, II TINS girl Maria bodlne heu Deen
the worst woman living II she had been rotten as
II were with disease, and completely abandoned
1t is utterly impossible Tor any human peing TO invent
sncn story rs mas been tod py tnis giri Les Us ZOE
moment suppose q country girl coming mere anu de-
ecrbng oil that Is to be seen IN the OF
more mnuteness thsn the most saceesslu
she introduces 30 many persons and 30 many circam
stances here that their De TOT
that the girl Maria Bodlne not pregnant To settle
this point have the pregnancy a. they existed
and described by Maria Bodine well by DR. Coles
Several medical works next referred to for the
pose OF proving the probability OF the child with which
she was then pregnant having The testimony
Of Drs Gilman, Bedford and Others was also introduce
ed for the same object the character and extent OF
the disease with which Maria Bodns had been afflicted
prior and during and subsequent TO her residence with
Mr. Cook The District Attorney next alluded to the
fact that the Efforts that
had made regardless of expense to impeaoh the
testimony Of Maria Bodine but five persons had come
forward from Orange county and say that they would
not believe her when under oath Under these crcum
stances a. they have been before you
confederation, ask for convction OF the prisoner
AT the opening of the Court this morning David Ora
his argument in defence of the accused We have taken
full notes of his speech but In OF the pres
to
a limited sketch or his remarks, ana TO condense
Thorn into the smallest possible space nor woud they
be very interesting to our readers puDsned enemso
for to the hour of yesterday they related princ
psly to points OF law quoted from and supported by
number Of authorities In England and the United States
the case ana the Jury did not edmt mat IL 10 some
thing apiece with the mode IN WHOM the evidence has
peen presented ne woud acknowledge tnat ne nao mis-
taken tnsr intsgence ior IL as great legal ourios
10 ne ever saw MS assocAe naa sad .haS ne dla NOT
.eno 70 say SnJtng III lsgaf1 W tne ,egsI
lion OF Inc onenoe; Is iar AZ ne w1uid make ms re,
I I No wouio xssu%s ~ TO % gooo iegal
~ v Oh sgn.esen nun t anu ,cr,y-nve
o ~ e S.a.u'e PAssou u 'xe su.ye1t Vi prof.
uuo,ns por.luns Mou moJuuSs ioin ~ language
r an t m ' nn SsoVna eh
.ra yn ,I. ~ ussoy sh. s.ton 80 .% I WILL a
h, ~ und III. I;cwsnt was fomnd ,d tHt
oa thtp 80 ns,so vho aS,n,m;sors annth;rn %
Sostrov child or uses anv nstrument shsli IN case Of
ths dssth oS snch child ~ ,ts mothsr be ~t
~ Observation-Disclosures In Tho sscond deorsa Ths rnasrtn. ~
r. that r ou sdmnstsr snvtbino With the infant
N LIl the chia Won .boIl h. 1aemed ouiltv of man
0 ~ i ~ ~ ny. ro, ,nsmsis - ~
msans IN destroy ouick child and this statute was
passed with view to supply the deficiency in the com
H. ,ror,S ass,rns ths common "a W. aronnS 70
tha r,san. IN ia.trnv child Int t,st ;S,,s.
90. ;asmsanor 70 do an sycsnt ,yhen The ch,,S ,yas
nuck rho stntuts of 1876 II sha be
~ a. s.cona daarss 70 sdmipstar &c With intant 20
nstro tha cbd nrov,dsd that ,hs dsstruct,on oS Tho
iSs ~ thu mother M child he effected and the .tatnts
~ ta.s n1 aI. a, ,n,sSsmssnn ~ aHr;u;s,ar
40 with the intent to destroy life or not
Lat us sse said Mr. Graham under what statute the de-
fanaant in this case is ndicted Tho indictmsnt am
tan. Av. sonnts n s alleged In n that tina defsndant
to Maria Rodins large ouantitv NJ naed
cina with intent IN nroduce macarrs0e ths ss,d Ms
r;s Ioa;ns hs;ng with onick Child hv oh ;ch
it was dssroved The la 0uaoe az the statte Ia that
the msana must be used on a woman pregnant with
ou;.L child vith the intent tn destrov r. Nov tba
ahara. "a here that the dsfendant adonistarsd tn
means not nth the intention of nrodncny the death
~ tha ch;d Init miscarriage Of the mother This ia
Therefore nat an ndictmsnt for mansaugbter for tb
roaaon that n does NOT charge the means mad for
ths nurnoss Of nroducin0 miscarrisoe To have baen
f ths nnrpnss NJ nroduciro the dsa,n of The child
IA .n.,ions when ora racassery in nm i,d;ctm.nt