The New York herald., 1871-05-05
THE HAsBRoucK HOMICIDE.


an Elephant i'm the Hands Of the Lawy ers-
Ihey Want to Educate Him for His Trial
for Murder-Judgc EOgebuom Wont Touch
RoNDouT, May 4, 1871.
The case which probably excites more interest In
Ulster and adjoining counties just at present ts that
OF Levi Bodine, the colored mute, murderer OF
Daniel A. Hasprouck. last winter. The excitement
attending that horrible occurrence rs probably fresh
In the minds OF your readers, ana no doubt
the question often arises within their
minds, .what VIII be done with him~
This Is an inquiry which has puzzled
many legal minds In this vicinity and seems yet IS
deficient OF definite and satisfactory solution ever
as at present the case seems In sdtu quo Stunned by
the learned gentlemen OF the law, and botherng the
heads OF all who choose to discuss IT.
In order that the readers Of the HERALD may be
refreshed in their rccollecuons OF the affair." permit
me to give them short sketch Of the facts.
On the 10th day OF February, 1870 Levi Bodine tho
colored mute, murdered his master. Daniel A. Has
brouck, a wealthy farmer. residing in the
town OF Gardiner, Ulster Co. This mute was
born in the county poor house, from whence
he was taken when very young by Hasbrouck.
His mother was a dear colored woman and his
father white man named Mitchell. Levi has an
other brother also deaf mute, who resided in the
same neighborh0od with another family. 1t seems
Aasbrouck attempted to educate this boy, who
grew up an inmate Of the family, and early showed
O revengeu and mschievous disposition. He was
remarkably intelligent though deaf and dumb, and
coniprenended signs and gestures much more
Guic9ly than persons of sound intellect would
spoken words. There was no direct evidence show
ing that Hasbrouck beat this boy, but there Is no
doubt that he was often
PUNISHED BY WHIPPING OR OTHERWISE
VIII nnbt in 10 piuah ho
refused to obey his MASTER Bodine ran away seve.
raj times, but was each time caught and brought
back. lie intimated by signs to his fellow laborers
that when he grew larger he would take Hasbroucks
life. This disposition seems to have been mani
tested toward Hasbrouck alone which, taking lnte
consideration the negro's ignorance and well known
passionate nature. together with his naturally
pohs Hu rater aIec Sos
Indications or the masters revengelul Intentions
seemed to have been noticed and commented
thereon by others, HasDrouck would take no warm
ing thererom; either not believing the negro's ex.
press purpose or passing these threats by as un-
entertained az idea OF educating the mute-as it
would undoubtedly have been an easy task
e st they Or wsre oray souna 81
to do SO; hence as 1t afterwards proved,
pss sne Sa MS Of ss nerecs s Sosne na
to have been locked on very much as a Southern
slave was before the emancipaton-a piece OF pro-
peIty representing SO much work, and OF whose
Intellectual or moral needs Thoughts entered
the masters mind The Hasbrouck family were
church memoers but no one cared for negro soul
or negro mind. Bodine grew up to be 1.-THE
youth, quick at work and valuable laDorer. At
the time OF the murder he seventeen years old.
ON this day February l5) be had been
CROSSED IN sOMB WAY by nAsBRoUCK
an ana was IN a very surly mood He was sent py
while at work HasbrOack came to him to give him
some directions in regard TO the work when Bodine
closed IN with his master and tussel ensued,
which ended IN the negro dealing Hasbrouck
couple OF tremendous blows with an axe. making
TWO HoRRIDLE woUsDS,
one in the back and the other n the back OF his
head, which was crushed in by the blow, The
ans once wnt rna ssS ana
done: lie was taken in charge, examined
BY b, ne proper authorities and went to the
In April 1S7o and was promptly brought TO trial at
the October Circuit Court Judge HogeDpom presid-
LAWYERS were engaged I'm the trial. ID. NJ. Dewitt,
ex-District Attorney. and William Stanton OF Ron
represented by i. L. Westbrook District Attorney,
assisted by Mr. T. 4. Westbrook, the well known
upon his trial upon the qnsSsen was Pn. n
sanity. II was proved that he had been
The Court decided that this established presump-
tlon OF his Insanity, which presumption must be re-
m bubed by the prosecution; @ Tae prosecution showed
Intelligent being made 10 understand by signs
almost as reaaiy as does an ordinary person by
farm labor, doing his work in an intelligent man.
ner, as II fully understanding its purpose When he
qulre If he would be hung, '''Iil and seemed S ned
informed that he was only to be taken away. lie
aiso after being lodged In Ja made signs signify
Ing that he mad murdered Hasoronck IN sef-deence.
Your correspondent well remembers an interview
held with him shortly after the murder. He ex-
hloted long. thick lash, which Re held out for iu-
spcc1on, informing me by st2s that his master was
In the habit OF using 1t on him. was specially i'm
pressed with the appearance OF intelligence In the
mutes iace not high or refined grade OF intel.
gence, but sort OF shrewdness natural to persons
GOOD MINDS BUT NO EDUCATION
The evidence did not support this alleged selfde-
fence. however, the witnesses only tosfifying that
Hasbrouck was only making motions about the
though, must be made for the fact that none OF the
witnesses were by at the time. the occurring at
some distance. After tile evidence mad been ex-
hausted the Court decided that Bodne, being In
state OF mind 10 communicate with his coun.
lected to the penalty of losing his life unless
he was in condition to appreciate the
decided that the jury be Withdrawn, and also SAID
he thought he mute Should be educated that at
stand the proceedings OF his trial an communicate
ms defence TO his counsel. The District Attorney
replied mat the law gave no authority for edl.
eating the criminal and that all that could
be done was to remand the prisoner TO jail,
which was done, and Bodne remained IN
prison un.Il the term OF Circuit Court last February
when the case was brought up The question OF his
sanity was again the chief Que, ana after long trial
the jury disagreed, standing eight for sanity four
for insanity The jury was discharged, and the
negro sent back to jail. Since hls last trial Bodine
has had the freedom Of the jail yard ana the street,
only being locked In his cell at night. lie employed
To do occasional jobs around the Court House. He
likes TO be noticed, and takes great delight In
MiNICKiNG THE MURDER0US OCCURRENCE,
apparently cherisbing the deepest resentment
toward his deceased master. He Is very mischiev-
oLs ana delights In Joke. At the spring election
In Kingston grand row took place on the Court
House steps. which the negro speedily extingushed
by pouring bucket OF water the heads OF the
combatants from window above. 10 ali VINO
treat nun Kindly ne manfests regard IN return being
apparently very sensitive TO Kindness At the April
term MS case was once more brought up. But the
presiding Judge, HOgeDoon, seemed guile averse TO
touching II, aud the counsel being in legal guam
daIy as to what they wanted the case once more
fell back on It's Old basis and thus remains What
the final result can be is question which no one
can satisfactorily answer.
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