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

Smith, who Is destined TO figure somswhst extensively
Dr. Bedford made visit there and other persons nts-
rested In sustaining the Of tho prosecution, wsre
permitted to herr but the first time thse could
look her, when cha present in court. Even
when looked for the defen found her locked
up in prison Mr. Cooke was arrested the proof
which the indictment was framed but on what proof
" was the prosecution have not yet shown We had to
gope about In tho dark for the purpose OF discovering
under what the prosecution intended to
charge don't want to detain you with them have
only to tell you that the bound to make
dant has not had ali the means which the law intends
will now ask by what kind Of proof must the
civil and in And when ays
that shall have done great deal suppose 1t will
not be denied ordinary rule, that witness shall
be placed the stand whose character Is and
spoess. No person should be permitted to take his
place that witness stand has under
gone stain. Yet to this rule there must be
exceptions and admit that In proceedings Of this kind
such exception becomes In certain
may be allow certain persons to be nsru
mental for procuring proof which by no other means
could be obtained 1t Is admitted, however, to be the
last resort Of the law and 10 used when the same
testimony can be obtained In the ordinary way And In
such cases. the jury are always instructed to receive
such evidence with allowance The law on this subject
Is laid down in the case The Peopls Bodine read
to the jury in my opening and my legal associate win
read to you of the which hays In Eng
land where the rights Of the subject are always protect
90 against Testimony OF this kind you will find that
In the administration Of Justice in England the courts
OF which guided by geatsr for the rights of the
citizens than in America-you will find how such courts
warn uries against such testimony when they allow it
to bs received think mentioned to YOU ia nv OPEN
ng the extent to which the courts OF England went in
tnis respect showed you case when a witness
not called BY the prosecution and Lord Denham called
the prosecutor to swear such witness The prosecutor
for the defendant But, said ths judge, his name
the prosecutors papers The witness In court
prossqui to be entered In tho case Although would
be the last man to dsparage the adjudication
S % the n s
and the result OF reading that although ures
the In every country If in criminal to
be tried for my lfe and wanted to be guarded against
improper Influences against pubic feeling or preu-
dics would be tried in England in preference to any
other country The instances in Engsnd are not un.
frequent where the editors of made
intended to influence the Judgment Of jurors Ia cases
before Them that the editors OF such papers have been
arrested for contempt Of courthose courts have main
tanned that ures not to become the echo of mob
1t 10 supposed that when jury take their OATH they are
and not what they hear Of doors There is another
rule evidence applicable to all Witnesses to which at
the court and in respect which my associate will ask
the judge to charge 1t Is rule which applied to this
case will admit in its full force It is comprised in the
Latin words, fatsus in uno, falsus in omm.s that
witness who into court of justice and in any
point wfuy states falsehood is be believed at
all This Is rule of law and Justice for will AJAX Won
If you find witness lying to you to what rtion of her
statements will you give credit How you dscrmi-
eibe and sk that the rule 1a be applied here and
So when to examine shall Ind that there will
not be much difficulty in adapting 1t to the principal wit
pcable to DR.. Mott or any other distinguished an
whichs not applicable to this and to the
except the exigencies Of the case Moreover Is
sary to adapt them with great sxactness take for ex
ample case OF rape or bastardy Tor that very
which Is now on trial here) which Is a common case
The woman goes before magistrate and swesrs she is
pregnant BY one of YOU and yet if you win search hs
instances of this kind where In the exami
nation of the Witness much has been found want
ing and much contradictory, that the person would
not be put on trial would ask to what test could YOU
submit witness In such case? You can't disprove the
charge except by the witness herself would not
be- guilty Of the insanity Of denying what she before
swore to- So in ofaDortion the witness will swear
the fact and unless her testimony can be shaken In
parts Of it, you cannot disprove It This was re-
marked in case in Sd Hill, which referred you to-
case which would amazs much as It would astohish
you, and you wcud wonder how the jury could convict
the party In it. Tie witness that the party had
attempted have Intercourse with her there
tmes-that when she arrived ut the captains house.
she went in and his family spoke the pleasant
time she enjoyed and afterwards she swors that the
same man mad committed violence her. Now, Chief
Justice that case said that tor similar
do not call for relaxation Of the rule of evidence for
the purpose Of supporting the prosecution; the
trsry the court and the jury cannot be particular
guard themselves against the feelings which generally
influence peoples minds in such There is much
greater danger that may be donethat there
bound credit that which should be credited more
particularly Such Is unsupported by good character
In the next place. having what the rules of evil
dence which control your in this case and
the kind of proof which must be give by the prosecu
ton, ask what kind Of proof has been given |?
What has been the testimony Of Maria Bodne What
has been her character her disposition tell the
truth at a admit at the that she is the indi-
vidual whose solicitation the operation was commit
ted and swesr in point Of fact that she pregnant
with quick child, when she could have believed
Now, it will not be denied that If the testimony of
the witness is applied to the rules Of evidence have
laid down. that It Ia not enough to warrant conviction
ask tho gentlemen of the jury IT, the testimony Of
putation or their property taken from them Would
they be willing that, In civil action, 1t should
be taken from them by Testimony of this character!
Nor could they for moment think of q conviction In
this case The proof must carry conviction with 1t
Now what does the law require regard to witnesses
who admit guilt Of any crime Why have read a case
show you that it must be corroborated and in the
opening remarks that made to you, | showed to you
that confederation meant in the law correlation
proof of fact Inconsistent with the innocence OF
the accused 1t Is not enough that there must be
roboraion Of the main facts in the case the crcum
stances from which guilt innocence be inferred
but Of facts the Of which exclude the idea OF
innocence. Mr. Brady then referred to q in 263
Barber where accomplish to the commission Of bur
gar yBtated in evidence the particular Of the
burglary, yet subsequently 1t found that although
the means indicated were used yet a conviction coud
be had and in this the think that
because the details to by Maria Bodne are evil
dences of abortion that therefore, necessary
quence the abortion WAS produced by the person
trial. remember many years ago when was q boy
present at trial In the old Court of Sessions and liz
tened to the remarks made by learned friend (Mr
lect his telling the jury forcibly illustrating
It, IL to this effect An Indian sold deer, which
he represented was In a boat on a stream far
distant He described the manner In which the
boat could be found-how you to 20 through
field, then through wood-how you 10
enter the wood how to pass through 1t, how to
reach the stream where the boat was. lie was
coeroborated in every particular except the deerhe
part of Hamlet was omitted. Naughter) So in this
case Maria Bodne corroborated in going into the
defendants house. IN coming out of it, and in the other
details but In the abortion she fails the Indian did in
the other case Now, gentlemen of the jury will put
this question to you: Is Maria Bodine's testimony so
credible that even without the testimony for
fence. ia the for the made out! saw
it Is not, and shal give you my In the first
place she convcts herself by declining to the ques
tons put to her. by the facts which she to
Ia regard to her cton with Cook not by
OF the seducer but in obedience to the dictates OF her
bad passions to have surrendered the charactes
tics Of woman without which she would be base and
PRAYED In the 6rst place put the question to her,
whether she had the - disease when she living
with Mr. Cook and she refused wer and for
purpose will explain. Ihs prosecution however, ASK.