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

/
Law Intelligence.
| CoURr OF SrssIoNs.- Trial of Madame ResteH--
Wednesday Nov 10 AT the opening Of the court this
morning Ogden Hoffman, Of counsel for the
commenced bis RUNNING up argument before as many
persons the court could we'll contain without being
each c,hsT beads The pnbs s1Isctsd from this
eloquence such as obtained sdmittance dssp
pointed for more comprehensive argumentativs, and
eloquent discourse never listened to From
eleven in the until quarter before three
the afternoon he addressed the and the jury and
which charaeterzs this gentleman. We cannot, of
course be expected tn give his remarks In full
would occupy. but shall give his opening and
ouding remarks rather full passing over hurredy his
May please the court gentlemen ofthe jury certain
ly congratulate you and myself that fast sp
preaching the termn alton Of This difficult and protraet
ed which has been disgusting In its details,
interesting may have been to the public,
interesting IN lis effects on the community poor
educated girl whose experience OF the world Ia confined
the village In which born-poor uneducated,
and inexperienced with courts of Justice, without
self be the result Of this trial what it may
that such girl should persons Of crime
into court ustics and narrate the story WHOM she
told of her erring truth like to garry
the minds OF all and YET that that story 10 fortified bv
the evidence bearing the witness Of truththst suoh
story without any motive should b. deemed fass from
beginning to end and she turned peIjured being
the standM this DO true It il Of tho most
tice r. the other hand, this girl has come into
victim Of brutal voienoeif telling the story Of her
"A IN.
t.;n c and vshsd the connssi 10 nIsca nor On
the witnesses sand and submt to the rack OF oross
animation, then there never wss stronger
lot ma d;rsct vonr attsntion 60 the mode in which IN.
defence in this has been conducted From the FIRST
been sssa.d and accused Of acting up worthv OF them
selves The public prose cutor has been assaulted in
y.te the co,nsr vou what
nerons diR NAV exist him and the pub
lilo prosecutor will only say 20 him in sorrow more than
hiatt ha andI
add 1nrs maniv in him to have settled those dnI.r
ont ~ cnrt iust;ca ana NOT hiring them her.
to ;mDsds the course of truth and mi.lssd the iuda
msnt IF III. ;ur Wa have aIreadv Welded sImost every
%; ;,!a ~ rr,h ~ fan, th.y I, aima., con"Sst.S
M 1R yh tS 30 @ ds% ~ sS sv o ; ~
| n uv1ctiou In the case We have done 90 from no
fear of the believed that would
best sub,erve the ends OF iusice and NAV take occa
sion to saw here that the public look him to perform
the duties of the office he holds and to the gentleman
viii say, as Daniel Webster said to Mr. Dexter You
had better endsavor to establish the innocence Of the
has adopted" Gentlemen, in the whole OF the argu
presented you by tho counsel for the defsn
dant and especially BY my friend who nrst addressed
you have been told that this csss rested entirely
on the testimony of the GIRL Maria Bodine; and the
whols efforts Of the defence have been to break down
the rst sndeavor to show the quit Of the
Independently Of the testimony Of Maria Bodine; tn,t
Maria Bodue had passed away from The world-if she
had been relieved Of her and her agonies and
carried to the grave where the wicked cease from
troubling and the weary are at res even then on the
ssE conviceion ut vour hands am now taking the
ease on other testimony besides that Of Maria
| Bodine: and | will commence at the beginning Did
| that GIRL who 10 the chief witness in this case
90 to the house Of the defendant to whether
| the disease under which she laboring for
| the purpose Of consulting diseases to which
men are incident? No. And how is It proved? BY
| her testimony! No. BY the testimony Of DIR. Coles.
who saws shs came to him two days att and nauired
her situation and pr nounced her pregnant IT, there
fore, she Rsstels house and Rsstel demanded
more money than she had, has been sworn TO by an
other Witness the motive continued when she
DR. Coles and hs her object ~as know
her situation and no pronounced her pregnant She
turned. will not say when because that involves her
testimony; but she came again to New York, and what
is McCann's testimony! AS to McCann, / may re-
produced here rs q witness unimpeacbed-he Is pro.
duosd simply to certain facts he IL under ndic
ment It Ii true, but will the gentlemen on the other
side blame for not asking him questions! for not
asking him, " do you know Maria Bodins went to Res
ducsd! Did you that the $40 you took there
for the purpose OF paying Restel!" and because we
have not proved these f.os BY MeCann therefore Nc
just to ask McCann to convict himself We asked him
nothing that could entrap him when his day OF tria
comes We asked him questions which did not affect
his guilt or innocence. Now, Whist does he say! He
took $40 went to Rsstss house an inquired for TINS
she called down and he had conversation vita her
He gave her the $40 and then left where dd you get
the sac from! From Joseph Coos WA. p .nSn, uoes
| McCanu prove! That on tpat DAY Msria Doune wa'
In that house-thsrs TOT some purPoseLrooos.sou ~
the owner Of that nouse-in INC rscsps OF Inc S4o
which was to De used ,or some purposs tns.
| Now We ask what was shs tns.e LOT; Wnas motive
had she In being there e4cep 10 DC oefverra one
girl so poor that rhe mas been tow cnarge ior
the last year no poor that Dr. Mspauyn couia only
wiring from her % OF the 80 ne charged ner poor
that wh' she followed Cook 10 hsmapo sne nAd 10 DOT
row the dollar to reach hrr place OF destinaon APO
yet find this poor girl In RrssIls splendid house DO
n'c'sted there as one Of the family In larger nouSr
than she before resided in Vas she residing there
for the purpose ri consulting about her monthly turns
Did that woman receive TINS poor vasrant INTO nrr
house, and support her for the purposs OF sdmnssr
ing msoicias to hrr! Weuld NOT one moments CONSUL