The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-07-01
The Polly Rodine Case.

To rnB EDrron OF THE scS--Sfr; Polly
Dodlne's case was even more celebrated than
the dramatic Colt case yhioh hAs prompted
Mr.. Blngham's inquiry. Early IN 1874 the
house Of George w. Housernan on Staten
Island was burned by night In his sbeence.
The bodies Of his wife and infant child UNI
covered IN the ruins showed marks or suoh
violence a. to prove that they hadbee killed
before the house was fred. His aister. Mira,
Polly Bodlne, q woman OF an attractive ner.
eonal appeAranuo and some 50 or 81 years
old, was indicted In Richmond county on
two counts Of murder and one OF arson.
That summer she was tried In Staten Island
and the jury disagreed. At the second trial
IL was found impossible to secure a jury and
the case was taken on ohan 20 OF venue to
New York county. After a tedious selection
Of a jury shc was convicted Of the murder
Of her sister In Flaw, q new trial being ordered
on objections sustained by the Supreme
Court. The second trial In this county failed
through the impossibflty OF finding Z jury,
Just as had happened In Richmond. On yet
another chan 60 Of venue the case was brought
to trial In Newburgh In March. 1870, After
a fortnight In court she was acquitted. She
rested in jail fnr about o year awaiting trial
on the remaining indictments. but was In the
end Get free on the abandonment Of the pros
ecution Of those charges.
In the first Staten Island trial the fury
stood eleven for conviction. h obstinate
twelfth Juror explained to tho woruan's oaun.
sci tho reason why he held out. 1T was all
olrcumstantial evidence" he said. "and
would not render any verdict on cironmstan.
tial evidence: that Is. not unlcss II WA In the
fourth degree"
.what do you mean by ciroumstantia evi.
dence In the fourth desree?" asked the aston.
ished lawyer.
-Four eyewitDssses who swear that they
saw the act committed" was the compre.
hensive answer
On the first l;sw York trial twenty-nins
exceptions we're taken to the ruling Of the
court, and on appeal twenty-seven wore Aus
tanned, any one OF which would have been
sufficient TO overthrow the verdict. This was
all the more remarkable since Judge I'd
monds. who tried the case. had been warned
on lust that point by bis predecessor. judge
William Kent. Judge Kent had tried she
case of John @. Colt and had become 10 dis.
eustod with capital cases that he resigned
from the bench. To his successor he rave
some advicn on the conduct Of criminal triils,
including this aphorisra which was long hts.
torio at tho New York bar. Decide all the
law In favor OF tho prisoner. but give him
hell on the facts"
Barnum had included In his collection Of
wax figures one which he advertised TO b .
faithful likeness of Polly Bodine. II repre-
scented a hsggard. shrivelied and bent old
orone whose age could not have been less
than 10. All during tho trial In Orange
county Mrs. Bodins pnstered her council TO
find some means whereby she could sue Bar
mum for libel, fearless OF the scaffold. yet
stung to rage by q wax Aspersion upo her
charms OF person. which were undenisble.
No sooner had the 'Newburgh Jury pro-
nounoed its verdict Of not guilty than she
dropped into her seat 40 though shot. burst
into tears, and demanded OF her counsel.
Cant I sue Barnum now?r
The case Is well reported for the lay reader
In The volume Of Extraordinary Cases" BY
Henry Lauren Clinton. who was Of counsel
In the last trial. c.
NEW YonK. June SO.