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

violated the but you thefei0fe call her
complete Of Rsstel and therefore unworthy Of belief?
To call herpoor VICTIM who IL hardly able to drag her
trembling form the stsndto call her the accomplies
OF the accused 10 idle why, 1t is like the lamb being
the accomplish Of the butcher Maria Bodine, the
counsel say to be believed McCauu is not to be
believed What Is to be the result Ia this community,
II that the principle which is to regulate honest
Ia the discharge of their duy In vain will your e9s-
l4tures pass laws to prevent the commission OF TINS
crime In vain will courts of justice Call on jurors to
discharge their duties No conviction can be had. II
this principle is to prevail You will give that woman
(Rest-lD chart to through the land, committing
her crimes and make your city disgrace to the unon
She will laugh your judges to scorn This girl sw1ars 10
her simple story and che not TO be believed oscaure
she an accomplish of Restee Every ones testimony
to be dsreg who lid not actually this woman
perform her crime and witness her In the practice OF her
In the her vctim but they did witness
1t, they would be accompces and unworthy Of belief
The doctrine Is revolving to the sense OF TINS COM
munity, will not use the lspgusse which my learned
friend ueed but will say In becoming defsrence to
him, that to IL appears to be uconsstsnt with what
the law requires with what common sense demands and
what justice compes Let us how this girl brought
on the stand. Had she any motive to testify false
~! What angry feelings would induce hsr 70
charge the defendant with crime OF which rne
WAS innocent But did she come here and made
her complaint willingly No the complaint does not
come from Maria Bodine; she never dreamt OF
demanding justice at the hands OF this For
long she bore her suerngs revealing to each suc
cessivs physician who attended her the cause Of the
Rssts could BE- punished For one Whole wear stretch
ed on, the bed Of sickness and almost dying, like
lamb she was dumb before her saughterer She hroach
cd her tale OF wo to her physician and he kept II
vsxed until DR. Smith attended her and to him 10 the
agony Of her suerngs she divuged the Of that
suffering was DR. Smith, to whose honor be 1t told,
that came forth aud made the complaint which
required the interference of public Justice He
truth Of It, and the girl taken drawn an nwiling
witness to testify to her own wrong Ia tails
pcel Does she stand before you with motive corrupt
other wise She Is not here wilDgly She Is brought
here by the strong Of the law against her will
reluctant lips her story while she
ed by the embems and the ministers of the law What
told bV this girl who IL
subpooaned wiuess-who stands here minister In the
ofjustics. WHAT'S the story this girl told You
all know have rela; ed 1t Every line marked with
truth and when that poor GIRL without father or
q mother thrown the cold charity Of the wold-when
when saw her answer every question that was put
her on her sexamination; when saw her battling
Tie wisdom Of the COUNSEL felt she was testifyng In
the of truth and would BIZ believed by every
that heard her But look at her story Examine each
part by ITSELF and truth is present throughout shs
price The gentlemen say, how singular It is Reste
never asked her for what purpose she came and that
the witness told her she wanted abortion pro-
duced but that Rssts 1t said, $40 is my price
What does this prove 1t proves the truth this girls
story 1t proves that the house WAS so notorious she
knew there could have been but one motive in coming
there and her not asking any questions establishes the
girls story. Does the woman who keeps a house OF
prostitution ask the girl who goes there what she
for? But again, in the midst Of this girls suffering,
Restel t.lls her to be patient. You will call me
mother for this" Did the girl invent that expression
Did sbe put her mouth language that she
learned Why, gentlemen, know not how 1t struck
you but when these words uttered by the witness
they struck chord in my bosom. which convinced
me that 1t had been touched by the hand OF truth
Again, In going away. Restell says, tell this to
had no right to come here and had no right to do
It," Ia that the language of girl who has passed her
whole life in doing the work Of family! who had no
her? The gentlemen appeal to your sympa
thies and your Judgment, because Resteh said the
stay her tims out Where did she get this Languages
from They invoke that sentiment as proof OF her
disnclinaton % perform the act Where DO they get
this from From the very girl who they would have
you bsisvs Is corrupt instrument OF corrupt corsp
rsoy This shows you she was telling you the Truth 30
have you besvs thai the girl could pregnant wi
quick child because sufficient time had not elapsed
Where do they get that from From these same lips
came this very fact which the foundation Of greater
part Of the defence You are told she Is curupt Why
then this testimony which they quote In defending Res
tell II she had been Instructed In her story and told
the law to testify TO convict the accused one
word from her would have taken away tn whole OF this
defence One word tettfying that Ia March and MT in
April her and It would have driven them
from part Of the defence Could she be corrupt aud
not tell it? If she had been corrupt witness would
not the tim have fixed IL in March, and could
contradctsd her? VINO could have gsinsayed the fact
that In March her last memstruation WAS upon
her? Had she said 1t stopped in February,
and In July she quick, and she would have estsb
isns it beyond all pers dventure Why did she do
it she corrupt witness? From this alone comes
only testimony that could this woman from the
State prison: aud this say conclusive proof that
the girl testified honestly in every word she spoke
Gentlemen she Is confirmed In her testsmeny, by the
facts by human nature and by all the motives that
govern human nature She Is confirmed by facts that
followed the event; facts which made DR. Evans she
pregnant and mscarr.d before she related facts
tnsr carr ed conviction DR. Smith, that preg
nant and miscarrisd before she told him Of It, facts
which attracted notice Of Mrs Bowling, Ssers
and other female Witnesses which msds these
hold counsel over her. and think 1t strange what
allied herr facts which even now visible on herr facts
which made DR. Milspaugh believe she pregnant and
induced him say shs mad miscArried facts which
respond with the marks whom the medical men testified
to- facts which followed her and attended her in this
oours Of justice; facts which mark her have been
victim Of brutal voence and can you douot them
Who finds the heller dead In the field fresh bleeding
and hard by the butcher with bis knife but will
who has done the slaughter! Who that hnds the
bird dead in the kites nest does not know who killed
it. although the kite may soaring toward the sky with
upboody heakf such this mournfu tragedy Ii have
satisfied you gentlemen that Maria Boaine Is to be be
ievedthat her story Is true and corroborated let us
take glance the Of defence which the gentle
men have adopted Aud In anticipation Of what have
to speak this subject will say the whole OF the
Bodiue than establish the innocence Of their client
Ia first place Maria Bodine Is to be disoeeved be-
there may be certain discrepancies in her story
tells you she locked in Resteis room, and Res
tell took key and said you must not let any in
Gentlemen, this Is sight affair, that will not
dwell on It. The discrepancy in the case Is so slight
cis and those little wanderugs, that mark the tale OF
truth and distinguish It from of perjury But che
materially convicted, the gentlemen, because
she SAYS she taken the first Of Apri from Walden
Ramapo and they have proved that she did not come
down till sfssr The irst Of April Before proceed as
WISH will In connection with this matter call your at
tsntion briefly facts which In evidences before
you leaving your judgmsnt to decide whether Ma
ria Bodine was pregnant whether the socson was pro
ducad and whether she was quick with child At the
time: and before proceed to argue this question vii
make q few remarks from book which | hold in my
hsnd The learned gentleman quo ed from Montgo me
RVS Midwifery Practice He argued that, as far IA
the intent vGhs concerned, Madame Restell was NOR
slly guilty, whether Maria B0dne quick OF
not with oild Upon this part of the have, said
h. their testimony that in the middle of May, sh,
became SICK vomited; about the LIST Of June her
breasts became hard aud the ar-oa appeared According
% the gentl- ms doctrines the areoa would not
pear unul two moths after conception, which would
make 1t Ia The middle of June say the nuterns com
msnced about the oath 18th or 26h Of Juue the girl
few DAYS afterwards to this city and visits Res
tells house Aeon ding to the authority OF Mongom
Dry, iu pregnancy the areoa appears in four mon b
after conception which would AXE the period OF con
,-ption soou the miodlr Of March the gentlema'
then referred particularly to the testimony 10 the case
and in respect To that given by medical and in
sistad that that given Profess Gilman and BsIUrs