Newspaper of The New York Herald, April 11, 1845, Page 2

Newspaper of The New York Herald dated April 11, 1845 Page 2
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NEW YORK HERALD. !??w Vurk, Krl ltx, April 11. 1?4? WRECK OF THE SWALLOW. Illustrated Weekly Herald. The IVctkhj Herald wt >e r> y for delivery ai 9 o'clock, to-morrow morning. It will contain a correct view of the wreck oi the ill-fated Swallow on the rocka.cff Alliens. Steamer Gteat Western. This steamer, with twenty-one days later news from Europe, is now dm ai this port. Trial, ok Pollv Boduhi ? lit Jonas's Cuahgk. ?We give in our paper to-diiy a full report i t the charge ol Judge tdwards in the case ot Polly Bo diue?a case which has attracted a degree ot in terest in this community almost unparalleled. The charge will be read with great interest in a variety ot aspicis. The intense feeling excited by the case itsell?the tact that this may be regarded as the Judge's " maiden" charge, and the intrinsic merits of the charge iiself?all couspire to give it a more than ordinary importance. We have, there fure.given such a report ot it as no other paper in the city could furnish. We have not room this morn ing to comment upon the remarks which the learned Judge thought proper to introduce with reference 10 tne conduct ol the public press, but we have something to say on this and oiherpoints hereaftei. The most intense interest is felt iu the decision of the jury, as the scene presented in and about the . oun room, up till the time our paper went to press, demonstrated iu a very extraordinary manner. Annexation til Texua-?t'oaltlou uinl OeilglM of Mexico. There can be now no room lor doubt as to the feelioK tu Texas io reference to annexation. The gteat body of the people are anxiously desirous ot that consummation, and Houston, Jones and the other leading men connected with the government, are equally wall-disposed towards the measure, 11 effected on the principle of their retaining their public lauds and other resources for the payment ol the public debt in due course of time. Much ol ihe quasi opposition hitherto manifested was occa sioned by the protructed controversies on the que* uon in this country, and the cbstinate resistance \. lich this measure encountered in various quar ters. Tnis irritated our high-spirited brethern ot the " lone star" republic, and they affected a greu; deal of indifference which they really did not feel, i.tid affected to turn tip their nose at the very thing which they in heart desired. Besides, they verj naturally and reasonably determined to settheii faces against annexation on any other than equita ble principles, and cartamly to have asked them ti come into the Union on the condition of their de livering up their public lands which would in thai event increase so largely in value, wa3 attempting to drive a rather hard bargain. But on fair anc liberal terms they are quite willing and ready to unite with this confederacy, and such a union is not now very far distant. Mexico will most aseuredly give practical demon stration of her hostility. Almonte will urge the pre ?*nt Mexicau government to war measures cf all de scriptions, in order to create a party for himself, and by that means reach the cheif magistracy of thai Republic. We are prepared, therefore,.to see the Mexican Government placing an embargo on al vessels from the ports of Alleghania, and confiscat ing the property of our citizens resident in Mexico. Perhaps they may go further. The character anc constituent elements of the present government of Mexico are such as to lead us to anticipate the most ultra measures. The men now in power, which they attained by the recent revolution pro duced by the defeat and overthrow of Santa Anna, are quite ignorant of public affairs, and will op j necessity be uuder the guidance of Almonte. He is ainbiuouB, designing, and not remarkably pro lound in his judgment. The popular favor of hi ignorant and semi-civilized countrymen will be most readily acquired by the recommendation and adoption of a violent policy 'with respect to this country, and as a matter of couree he will en deavor to turn that feeling to the best possible account in the furtherance of his selfish designs. That Mexico, whatever course she may take against this country can succeed, we need hardly say is not to be imagined. But a very great panic may be produced, should a hostile collision occur between the two countries. The duty of our go vernment is, theretore, very apparent. Every pre paration should be made tor whatever emergency may present itself, and should the Mexican govern ment undeitake to interfere, in the slightest degree, with the rights, property or persons of our citizens, resident within their boundaries, the most effec tual chastisement should be at once inflicted with the utmost promptitude and determination. There is, therefore, something a little more important for '.headministration to be occupied with just now, than the decision of the question as to which ot the Jones family is to blow the penny trumpet, and publish the advertisements of the departments. The Firkmkn.?The Croton water has done thai which the authorities utterly failed to accomplish; it has effected a very marked reform in the fire de triment. Since fires have become less frequent, the fire companies(have got rid, in a great measure, of the gangs of rowdies who formerly acted as vo lunteers, and they are now getting into a much more orderly and more efficient state of organiza tion. IThe promptitude, energy, courage, and zeel for the preservation of the property of theii fellow-citizens, manifested on several recent occa sions by several of these companies, entitle them to the highest commendation. COMMERCIAL AND Ra1L|RoaD BaNK,VlCKSBURG. A large and respectable meeting of the stockhr ders and creditors cf this bank was held at tl Astor House last evening, to receive the nropoi tion of the assignees, in relation to the tettleme and liquidation of the liabilities of that institutio Zebedee Cook, jr., Esq., was appointed chairma and Walter R. Jones, Esq., secretary. Mr. The C. Robins, of Vicksburg, one of the trustees the bank, explained the situation of the bank, ai the proposition made to its creditors. He stati that the creditors of the bank must be lenient dealt with, and that it was necessary to give the; time to meet the demands of the institution again them. On motion of Mr. Thomas Tilkeson, the Pre dent of the Phrenix Bank, seconded by Mr. Wn LOW,it was Resolved, That thi? meeting cordially approve the pi position of Thot. C. Robin*. late Cashier ol theCoirtm cisi and Rail Koad Rank ot Vick?burg.and now actiog nignee of the i?m? institution, to arrange the claims I tureen t bo stock holders and creditors, by amaigamati their interests. On motion of Mr. Tilseson, seconded by M McJimksev, it was II"solved, That a committee of three stockholders appointed to proceed to Philadelphia, to confer with t isiignees of ihe IT. 8 Bank, and Oirard Bank, and oth . re-iitors and stockholders of the Vicksburg B ink, wi a view to carry into lull rfleet the measures proposed 1 Mr Robins. Whereupon, Thomas Tileeson, Z. Cook,jr.,ai John Rankin were appointed. On motion of Mr. R. II. Winsi/jw, seconded 1 Mr. disTARK, it was K-'sulved, That the President and Directors of thaCo mercul and Rail Road Bank ol respw lully requested to reinstate the Transfer office in the ci ul|New Vork,in accordance with thair original pledge entered into by William Praseott, its late President. ZEBEDEE COOK, Jr , Chairman XValtca R. Jones, Secretary. Tne money article, in this day's paper, gives tl particulars of the proposition made by Mr. llobi and also shows the condition of the bank at tl dute of the last report. AraibWcATHRR.?Tuesday and Wednesday w remarkably cold days here, at Boston, Philat pl ia, nnd Baltimore, ft is found that the truit tr arc injured. Circuit Court?The civil callendar which publish, it will be perceived, will be taken up forenoon. Circuit Court. Before Judge Edmonds. Trial of Polly Hotline for the Murder of Mrs. lieorgc Houseman ami Her Child. LAST DAY. CHAKGE OK JUDGE ICDMOIDS. The Court-room was crowded to excess yesterday, and the mwt iui?DM interest appeared to prevail. At halt past ten o'clock, Judge Edmonds rose and de livered the following CHARGE. Uiituhii) o. ihi Ji'ir : -I shall not attempt to dis guise you, that 1 water upon the discharge ot the on ly duty left me la this ca??, with a deep end strong feeling ot the i espousibili y that rests upou me. This case has none gradual!*, slowly, bat surely on, till it is now nesr ly at its lust point?that of being submitted to your deci sion. This is net likw an ordinary case of trial upon an indictment for murder, when it is trie l before the Court ol Oy? r and Terminer, at which the Circut Judge is assisted iu his deliberations by persons whom the law points out as associates with him on tuo bench, t>ut it has been removed from a Court of thut kind to the Huperior Court, by whom it has been sent down lor me to try alone, and I have telt, during the w?oto pro gress ot the case, the embarrassment ar.sing out ot the soiitaty position in which 1 itand towards it. I have en dsavored to diacharge my duty in regard to it faithfully, and in a painlnl aud anxious desire to ariive at the real truth anil justice of the cause. That I have ia all cases escapi d error is too much for me ta hope or expect. I have this consolation, however, that my decision and whole action in regard to it, are subject to a high tribunal, when calm find m 'derate and di.pussionate discussion may test my proceedings in manner, anil coirect any errors into which I msy have fallen. It will ic: be my duty in this case to pronounce judgment. In ordinsiy cases that duty doe* devolve on this Court, and some o> the counsel have spokeu as if it woul I he so in this case also, it is no: so. however. The judgment will be pro nouueud in <he Superior Court, if vour judgment should heouooi guilty. They have sent it to us merely for the decision of the question?is this defendant guilty, er uot I Your verdict will bo transmitted by me to that Court, ami with your verdict, be it what it may, I have nothing to do, and its consequences are not to be regarded any further than as indue, meuts to us to listen calmly ?to weigh with deliberation?to be csrelul cautiour and prudent The fearful consequences that are to flow Irom yum decision, which ever way it may be, aru to be regarded by you in no other light than as warning you to be deliberate and carrlul You an to dismiss hum your minds, when you have brought to it that deliberation and care., every consideration o< the conseauNnces. It will not be improper tor me to any to yo-f, that this ia one ot thu meat extraordinary cases to be found in the annals of criminal jurisprudence. Tin attention which it has excited?the romantic interest we have f?lt in every step of our progress, shows us that li is so. We have, by our luws, but three crimes able with death?two of them are involved in this mattei ?murder and arson. A murder, it is alleged, has been committed upou a woman and an unoffending child?arson has been perpetrated also, for the purpose of concealing that crime ; and in addition to all, we have robbery. Three crimes then have been committed, ot heinous magnitude and undermost atrocioH* ciicumstances, according to th. allegations of the prosecution, and all, it is, by a h/r. Jle_0n*.luih"prim" of 'We?? lender female-one bound to society bjr tbona ties of parent and ehild which moni y ,tJSU"li,w aru calculated to form a strong ad rh? ?"?n the. commission ot any such offences ? I he a.lrgation then is made, that theie great crimes haw been perpetrated under such badges of atuocity by a ft urlon'iSai y?V Cailed on now Pronounce juSmen, upon that, and not on direct evidence?positive evidence o! n?iVnc?n?nWth9?,,W ^ t0 t6it ,h" ?f g? hI.?tPLJ pervades our whole jnrispruJcnco-tha' J. * Jf. ?ud years past, and must for years to come i e rel'abi,lty of circumstsntial evidence Aud I know no case-I have met with none in the coins, of my reading and experience that compares with th * casei in reference to the importance of that position. W. have occupied a good deal of time in the trial of thb 2-S?? f" uot lnt.he slightest degree regret it. Th. magnitude ofthe question presented to us, in referenc not only to the prisoner, hutto the public, justifies that ex tension eftime. On one or two occasions, in tie coursi a r?Cee "Wste<l that this cause might hav. ?r!C0 of. in 0 *horter <ime. but on a car.lul re view of the case, I do not well know how counsel could have occupied less time consistently with a faithful ane ?onecleotiou. discharge of their duty. Nor do I regre the time occupied by the counsel in their addresses ti you. We have had something like forty issues to ex amine snd decide-each of them as distinct as if it ha. been a separate cause; it had been necessary not only the counsel should bring to bear upon all ef these question* their accuteness and experience, but also that they sboulc ;itt out from the immense mass of what we must considei the chstl?the real grain in which an action i* to be expended. The cause has been well and ably tried on both aides, and the iadustry, talent and ability oi coun "fL 1ar?!!dereJyourtM,t ?ndmin* much easier thai !l?U. ^w'Mhave been. But again, th-re is anothei consideration that irape Is us to look upon this expenditur. of time as justifiable and proper. There is nothing tha more strongly marks the distinction between a civilize' barous state of society than the estimation ii which human life ia held. Tribunals before whom a que* tion involving the life of a human being comes, cannot b< oo gusrJe l.too cautious,and too carelnl in examining tha' question in ail its .bearings. And here 1 must say that I ?i!^0 ,l'? ^ou' of the jury, to render to you this pah lie expression of approbation on account of the un exampled patience with which you have discnarged youi duty. I have seen many trials that have occupied much time and attention, but I confess in no other case have I '8?n. cb potience on the part of a Jury as nas been ex hibded in the course of this trial. From that unwearied care and attention, I augur the best results. With you' . k? W0,U at '"""ge must be perfectly satis 'hat it is a decision made upon the purrs and safest foundation-that of oareful and patient examination, and honest disposition on your part Th. 'pprecialiun of human life, I have said, is tha? which ?]> pears above all other things to distinguish a civilized fron. a barbarian state ol society. In every case where life ha. ,?*n t?le,n!?n<j whcn 'he policy ofdur law life can y ei again be taken, courts cannot be too careful-juries can not be too guarded. It is a sad mistake for any one to sup pose that we are ministers of vengeance When counsel in the progress orthis.oause, have talked of the prisoner', for 'hefcrime.they did not, properly regard th? ohject ol 'ha law. Man cannot atone to his follow for hi, crimes. What! atone to us fori he violation of the law o his Maker 7 I know of no such atonement. "Vcngeanc. is mine,' saith the great Creator, "and I will repay." Th. power to tako vengeance has never yet been confirmed upon man. lie who thus regards the ministers of jus " sacrilegious band upon the attribute oi th Divinity. We have no right to take vengeance, and that I consideration is not for one moment to have weight ii your nnnds But for the welfare of society?for the pre *?n of order-for the maintenance oi the snpremacy of tha law, and the protection of the weak againit th. ' strong?of the timid against the violent, it has been deem ed necessary that life ahould be taken. It ia that neces ity alone that can Juitify it, and the vengeance ia to b. taken of a higher power, the atonement ie not to u but to him that made ua. Dismiss, then, evert idea that any atonement is due to us. Bear onl* m min.l that tha laws of the society, in whici we live, that maintain for us our lives, liberties and pursuits of happiness may require at our hands som. such sacrifice. There are some additional considerations gentlemen of the jury, which it is my duty to present to yon before coming to the merits ot this case. 1 must warn you against two evils from which you, tha prisoner at th bar, and the public may suller. One is the Influence ol ?opuinr prejudice. I regard it as my solem duty upon thi, occasion to warn you against that influenoe. As V proo . . .ti 7^ and "baracterof this popular prejudice I may state that I have at this moment in my pockets threatening leiten in ratorence to the result of this controversy all cascsof atrociou. crime the public mind will Be ex cited. It is averted here that theae great crimes hav. under circumstances of un Rf f .1 *troc"7'anJ " therefore not at all wonderful that the community has been excited. The preservation ol the live* ol our wives and children is involved in the question now before us. The extent of the excitement has been demonstrated not only in the diflsculty of pro curing a jury on Staten Island, where the case should R^P^bsve bean tried, but by the exhibition which ibis Court-room has presented from day to day, sine, the commencement of the present trial. What hav vrlilf ,n!Tn7 fee,|ng7 Not merely the notice of the crime alleged but aiao the highly improper con duct of the public press, ond I feel it my duty as a ministei of justice,standing here within her sacred halls, to entor my protest agernst the injurious consequences insulting from that course. OnSunday last Isaw in one ofthe papers of this city?and I instance it on this occasion only for the pur P?seof informing you of the exteut cf this prejudice, ir. order that you may be on your guard-one oi the mos; atrocious articles m regard to thia very trial that coulJ b, penned by mortal man, and I venture to ?ay that he who could pan such an article, could, without any difficult and himself m the situation of the defendant now on trio tor murder. He who could manifest Such a thirst to. blo'd. and such a disregard lor truth, ought not for *i instant to have the power of using the pen, and diffusing his notions throughout a community that has any regor. for morality. virtue and justice. Vastly much ofthe pis. indices in this case has been produced by the carelessne* of the public press. Over and in the progret* of this trial have I seen statements made in reference to it as wide from the troth almost as the Heaven is from "arth. And yet the public at large takes *11 this as true and pronounces a judgment upon it in if it were evidence Those who arc thus connected with the public press -who arc pcrmitt-d to come within our balls oi justice for the purpose of reporting the proceeding therein, hare a solemn duty to discharge, not only to thamiftlvei and the Courts of whictt they may be considered members, but to society at large, they arv bound by the mon iolemn convictions not to report snv thing but the troth. But the general desire is to punish, and uatil that may be acceptable to their readers, and the more horror they can cram into their stttements, th. more greedily are tbey received, and the greater is th? ?saleol their sheets. How far a desire of that kind mat have influenced them in this case, it is not for me to say, but the danger is apparent, and fbey cannot be too can tious in guarding against it It is that very press it 1* the articles thus published in our newspapers, that have tended to 'produce that popular prejudice which In.* taarkod this case from beginning to end?which has im peded its progress?uifd transferred it from the ordinary jurisdiction. To the persons who could write such arti cles as that I have alluded to, what ia the life of a humai being in comperison with the attainment ef their owl purposes? In a crowd of human beings tike this, th. unit of our existence may lie stricken from the sum, on. no man misses it, and to such persona what is the unit when it it is to the sum that they are pressing their con *iJerations? Ifthire be no protection against these pre judlces -if there be no shield for the accused- if tlu-re h. uo shelter for the poor, the friendlesis, and the unfortu nate against the consequences of the prejudice thus produced, there is an end to all justioe, an. we knew not hew soon it may he our lot to fall under th. iloody axo. But there Is j rotor,tion and a shield Th. s aro to be found In our cou>ts and juries. The law ha under the constitution placed mo hero with an prudence ol tenure to my nflic* for no other |>ur pose than that I may stand independent of evert consideration of that klod; and when it ha tone tor.h info the community and aclected you n jurors to pas upon this question. It is qccause you ar> mingling in the world at Urge, and may yourselves bi 'he vioums of that very prejudice, and It has therefore ! ?h*Sld h1^r,~ir.ljr^lldTfnc*d ,hllt ,rl"?^ ?* Uc,a ' lot pio'. uno !T r,^un*' 'o which the accused can fly | ivuw n^oriflc,. P?Pular clamor, that might other < ih? may w?ll h|^:,OCunt- AnJ th0 acc,,s"d 'o ?b"< imuaiiahl. I .... L 1 " you 01 uP?n 1110 t0 "'""'i ?? ttn neither vou , ,Tr| T" b,r iud "J0"" P^Judicea, and mt?r Hifu I , caa for 0",' ?Jluw thtm lo t mTacr ? ~V'0U,,',lf ?L" OU",, L, t a< bewa'* ^ onituh. i.?B ?'ja,t,ce ?>e l?oll?t??d by the corruption ot f!In,n Ik lakocara that our oaths are not swung u?Me th*.T ?ounn*< by ??>???{? of Popular olaiuor-i?t uaaeethit stern justice stands here and that wo are the barrier between her and their prrjudicer, th it aeem to thir.t for her hlnod; and I know I ca .net make the appeal to you without finding in your heart a ready rtspinse. I.MnK ' "uother difliculty and danger against ? hich you rnuat be on your guaid. and that ia the danger arising from .yeip.,thy for the unfoitui.a'a condition ol p. uonei or hi-r relative.. Do not lor a mom. nt allow that -vmpethy to .way ytur judgment. One ol the conns, 1 -.aid that he wax surprise I to see such, a manifestation . f symp nhy a. ha. b en eahibitedonthi.occa.ion Ci.x tl. men, i am not surpnseJ at it, nor do I think th.t 1 ever oik u o rejieot it It ,he be innocrnt, .hail we not [sympathise with the autioring. that h" bUuched sfesSsri "T-"'-eiSistaiws, rurhfmi. i i ^ prevent our tease of justice What Aed i*r,,at eVL'r chastises on erring child with I l,er. meU iur,h,T rlkntn ,hPOrhapi a.,?arlu! 'y* ' Ami bo j u?? ofiim. ! he deel acceptable i? the eye ol Him who." pe^ulTr at amDuVwln h!'"*jU'llf" W,th m"cy,an!Twhoseex ample it well becomes us humbly to attempt to imitate We may therefore. aympathizi -our Wrtv mav ache and our eyea fl 1 -t,d no man will havo a right to com plain, provided the stein dictatea ol jttatlce-DrovUcd the toTou aSd to mvd.'rfr ih? ?!*Vyed- And while I c mcede erLg ?hat 7 nght to ") mpathize lor the ml yo" and w??. "1 our deC'?'??s. ?,i" I remind T. IhJt .vTn. Ly.OU' t!,Ht not for ?afi moment Iine.f voutwtutw w,? ,w'rT" >?u <rom the airict linen yout duty. Strong a? may be my f-c-linz I wil influence mvMld ,uch,con'i',?'nitions .hall for an in.tant influence my judgment, and 1 believe I know mvsolf well which I Jilar?''me , * l? K"""1 8<a,n*t that danger which I aharemcommon with you. Having a.tid those things to you, gentlemen which, ulllmugh something out v? ,eB.?ay.iare y,t ma",ri81 in <?"??. I will nexfc.ll t'.tnu'""' to aome luln. that are to govern you in c^deiy ar10" Hi* ? "!!"? t rhf! '"" tied Judge then pi. - c tdedat great length to lay down the tubs which wire M in i?, " ,ni,he ',K,'""n '?1 lb" caae. He first allu J J? tb" Ktyal charocter lor intelligence of the maj.. iliu.tiato the mTM"r' lhen proceeded to difino and illi a l att the rules < f evidence?dwelling at great lenrth certain ?nnIUC mi,''',e'i';'< ?n c"cun?t?utial evidence, ^ nhii-?i .P Tp',vo- Tbi" Portion ol the ch irge w. the evidei coin?i'n *>'v W ? <leF're to tt'vr the comments on ,, ... iulJ, they beiiig^ the most iutorestioer t<? ^,Pub 'c in ) The next que.tion to which whL Ly0UV H,U'"t,on ?'t what i. the or,rna on which you arc calhd to decide / It ia nlain. Jy defined in the statute?" The killing of hum-'n ,nT*.,i:!b0Ut ,he -"thority of law, by * ivon. shoot ing, stabbing, ' or any other means, or in any other man after^r"id^e"^ifbe " b^cTdVw he?in' Plri?n cr any human being " This Houseman wTJ ? n I,"?*"01?- Are >'oa ?atiifie.l that Mra hi. i?^. ? killed, and that the killing was perpetrated e?e? tEedeoih "r b"r' from I'rf"it;dil?ted design to efle.t the death of the person hilled? There are thre. FiiSf'tf*. "lu out in or<ler t0 JWormlne that que-tion ?i !k .^e u' next',b8t tker? was a death by violence in rr.r . Y'0,enc? was inflicted by tho prisonet' go ^to thit 1 wi'nath ih.eIaw?,M UiJ 'luwn, and beior. /.bv?- ..i * wiM exi'laln what is meant by the corn.,, ,L Ci1' ?r v body ot lba offence." It means not tnereh iavin'ir thl. lb1 . vl0,ence- The counsel erred in Mrt o"r n ? KmU I maJe 0,lt b7 dir?ct evidence. / deuce Th. v ar^tJ made out by ?'rcumatantiai evi yjare wrong even in saying that the dealt must be proved positively and distinctly. For instance t. thor?lmi!lrOW?IV.0 Vkh.0*"1 and the bo',y may not be found' thtt o7.?,T/ ? ue certain evidi nee of the death. Bm nertsJSt S. w* \r'8e In ,hi? cas? : there ia entir. f? (he Ji , ?in rcfard to the violence, ii a the pLCuhar promise ol ih^ moral circumstances to ?a'. mn ? hn,hSr* tb? pr,,oner 8t the bar ia the guilty p,.t. it heforeyoucomc to that inquiry, you mu.t b. d T?"l''fi9d b7 tndf pendent Circumstances, ad. quale an. i independent of the moral circumatancts, that there was , killn g by violence. The queation theu presents itself wai tna death here by violence 7 Unfortunately ver\ st?e??r^ thU dlffic<,1,7 which we new encounter at thh atageef the case, ariaee from tho very inadequate mnn ner in which the phyaiciana discharged theii duty. Har xamiSaMon J'ld,c,ou'.8cti?e?nd scientific poet morten * xamination, they could have increased in a great ex ten HoneT'l 'T, eg,uUtor cf the innocence of the pr "he caae" The!" dTl !? b? rc*?tted 'hat thi. wa. no ine case. 1 hey did not even make a memorandum of ih ^Tmw'fh ,Un i8." " WM" They raude no inquirv whether ri,i!^ beBn "trangulation or suffocation ' i ^ Pi. T ,0me n!rcotic dru8 had been admin rt- i - n tbeir ?*amtdatlon with respect to the mat k It .Dk * T#* and unaaliafactory. They hav. eh u., therefore, in that state of uncertainly in regird t the cause of death that i. very much to be regretted boll a?y0|Uoan'! by me- Under aii these disadvantaged, w. Th? ?bI? qU"^ ? Lthe C8U*o of that dealt ^ that ?h.CTlua!,(>n ,hatu ,he Physicians coma t< ?? tbat the wound on the broken aim was th? result of violence before death. That i? all the certaii aF'dface we have. They leave it for you to deUrmfn. Sne'hfr 'he other marks of violence had been inflicte< r?i?/?a ?ho 5 w Whether the witnesses could hav, ral'?T?d?,b? doukt which now surrounds the ligature, !""ad?Q tbe a,m of ?ke deceased, 1 know not. But ii ?he ligatures were put on before death it becomes a ver> important inquiry what where they put on for f If afte le^ejcaa ?qneUy important, not only in r, lerejoea to the corpus delictum, but in reference to tin ,hat w?u,j fi*ih,t w?u,d th. guilt uponi eome person somewhere. So in reference t, that child-, skull?all of which was gone ???,? th? Piece, a corner if I may so call it-bSw it camo to b, preserved with the scalp, and bleod upon it, we are If f entirely in the dark, and you are to determine from th. evidence, whether the child came to its death by safloca oVwhi'rV.n lenccbeforedea"?. or whether this violenc ol which some evidence is given, was inflicted after deatl had occurred. On all of those points tho nhvaicians >i. ??.*atif|fa8tory wfo'ion of the question* which thvj E L ,,"1 c?m'', tbe ?TW?nce as to screams be ins b*ard- a"d thf 8PP?aranee of blood. A number of wi>. nessea have given testimony on that latter point, and it i ! ^ aL-h? Pro*ec?'?on d'd not produce hov c on which blood was represented as bavins been discovwee. A chemical analysis which waul ?oT,i Jbown beyond doubt whether that was blood or no would have been satisfactory. The next point for vcn t. tho,hndri;.ndi detern?ine." 'h? position of the bodies Di Ihe h^ Vi,ile-fUn Jrwb? "nd was the fire applied i. the bed after it had bean placed over them? If Jo thei f?r ?u?C U' ia ,nev't*ble that tee firs had bean applie. mfit^t8 PifrpW*e.n c?Jer'"* ?>P'ke minder already com ?f th!fhJ o ?i .i e0 8r hand- the hod'?8 i?y on the to, J a- .T * ? d the flre wa" "PP'iod underneath, or at th! eTthanln"the other Jn the <U*,tb WM occidental is strong #5- . ?'har circumstances. But the counsel foi the prosecution was very right in saying that in nauina XVb? qaMti0,B y?" 8" '0 recoliecuhat no remain' that fleofcPa !?ere ?und. It was a little extraordinary H hat flro had been the result of aceident? if the bodies ha, lain upon the top of the bed-that no v?rtl*e ofthTrom Bift if??nfhth^h h tofether WM 8n7where to be found But if, on tbe ether hand, the lied was taken down, and ilt different parts thrown on the bodies, and flre then com hsH h" m?re na,?ral than the iulorence tba n? rope ktd boeu removed to pave the way lor the cer? Jyj.* Another conaideratioa?waa there fire in that on T, i- witneaa teatifle.1 that whea he put hii hand h V w*rm" ?ut th" Cher parts of the room wen of?h . by ' flcc'hat had been burning, and theaagacit, ktaalSiift !' aL,?'??ther inrtanCM-cannm be too much adonired when he placed his hand within the ?l!Knnd r?.und .thaf tb? Mb?8 were cold And yet * there^wasuiny'flrm^oard. Tbero if n? ?UmZ*S3&, a &S^ST _I be'iCTe "18 iD ?r''dence ,hat fb?-e was Mr. Cms.?This is no evidence. Court.?There ii not any evidence of that You art to determine those point*, gentlemen Then come* the con*iileration of theqneition, whether that front door wet actually unlocked or not. Thia ie one of the circum stances which will enable you to determine the corpus delicti It i? remark abletthat the bar of that front door, in steah of being found in ita uaual place itanding in a cor ner of the room, instead of being found in a part of the houee, wai found by George Houseman back o' the house If the guilty peiaon had escaped by that freat door and carried off the bar, hemuit hare gone round tothe rot und then thrown it awey. It wna found there entirely unecorched by the flamo Then you are to connder tha' the house was robbed. These are the circumstance* iroir which you are to determine tho corpus deltcli?that there wiii a killing here, and that it was by violence. If it wu ?(killing by violence, it was murder, and if a murder, 'hen it becomes very important to inquire when it w*> committed 1 Was it in the day tisae, or at night 1 A l<ortion of the ordinary apparel worn by tho deceased in the day time, a colored Irock, was found on the body ? That i* a piece of evidence to he weighed by pasaing o< the question of the time when the murder wee committed But if committed in the day time, then what day t Sunday or Monday 7 Was it in the nigtit time? Ifso, what night The deceased, it is clearly shown, was sliveon Saturday, on the afternoon of that day Matilda Hourhc left hor wi't the priaoner. On Monday at!?o'clock she was found to lie dead?at which moment of time iutei vening between these two period* was tho murder conimi tod? This question as to time you must keep constantly in viaw in order to determine the question oi the guilty party tc which your attention is next to be called. If it be teun by you that the murder waa committed hi the day time, it will be at once seen that it would not be safe (or you to And any one guilty ot it who oould have committed it during the night time. The question as to the time wben the offence was committed !a in s great measure immaterial as regards the corpus delicti, but as regard* the guilt or innocence of the prisoner, it ie very material indeed With these remarks, gentlemen, i approach the remaining question before you?who com nutted the offence ? [Here one of the jurors wished to re tire, and a recess lor a few minute.* waa accordingly tak en by tho Court. ' Judge Edmonds continued?When I left off, gontiemea wa had approaobe t|the question of the guilt of the pri - oner at tne bar, iu reference to which there are som? considerutions of your attention, in addi'ion to hose I mentioned before ; one is, that one single circum t.inco is uot alone sufficient for the purposed con vie 'ion. A men was once convicted of stealing, on the ground that the mirsing money was found in a plnce U which he alone had acces* ; but it afterwards turned ou? hat a magpie concealed tlx; money there. So with the nen of whom I havn spoken already, who was convicted oi suia'ing .* horse, tiow the fact that he was on the high way with the horse in chaige, and yet the real thief had. through alarm, given him the stolen nnimai and escaped. Hence, one single cirriimstsnce is not enough to convict upon| thete must be a number ol strong end concurrent circtimetnncea belore tha proof is regarded aa adequate to sustain tha guilt ot tha accused person. Perhaps we may, in Mine cmm of a light nature convict. uponasingl* one, but certainly not in a ease of the magnitude of that in which wo arc now engaged. 1 have taid that the evi dence, In order to be sufficient lor conviction, mint be cjusisteut with guilt alone, uud with the guilt ol the pri sjni'i uioue; anJ if any of the ividtnce ia reconcileable with any other byputuesis, it la uiadtquaie, and the pu sancr ii entitled to ail the beni fi of tne doubt. In con templating thia subject, you must look around, and il there be any thing discovered by you that would give ) ou even a foteahudowing of any othir hy pothesis? auy thing that her accusers might have pierftd into the e*r vice to uuputo guiit to hi i. you are not to receive it as evidence. Ju the address ol couLitl, two things weie dwelt upon?cae ia her cenditiou of pregnanoy?the ap prr ach of the time of her confinement, and the Cjiciu] manner iu which ahe concealed her aiutelrom her tamily and friends ; and upon there facta you are to ask, whether you are to had in her desire of concealment any thing ten liug to sustaiu her criminality. Again, in looking round tor testimony of thia crime, shall we not hnd some thing also in the conduct of George Houseman-in his manner ol carry tug the tnouey home. Now, observe he has money in hia possession for three or lour uuya, uud that this is known to the bauds on boaid hia boat; they kaow he has it, and where he has that money. Ho goes to New York, proceeds to the North ltiver Bank, where he changes that money into quarter dol lata ; carries the large bundle through the atreeta, uuder hia ariu publicly exposed?atopa &t the battery sometime, and again at the ateamboat bouse with the large bag of money lying exposed on the bench, he being accompanied all thia time by the man Irein Vitginia. It here lay exposed full tbiee quarters of an hour, an-J during hia passage over to Port ltichmond. where he lays n down on a pile of lumber in charge of thia Virginia man, while he went up the street und returned. Atler thia, he travels with it in a neighbeiN wagon, then removes into another, in which he proceeds homo with thia hag of mo ney in broad daylight,'to hia house. Now, the question 1 asked that man ou hia exa-riiiuiion, ia a most important out?did you not, in thus displaying your money, hold it Up ea a premium to the community to oommit robbery ou your bouse 7 Now, we know the crime of robbery is per petratnl mostly with great secresy. We know, hy the ui-count-i we rend this morning, that recently a robbery has been committed on boaid a ateamboat, which must hive been contemplated a lot g time. It waa not impossi ble that one of the various thieves, which infest this city, should have seeu and followed O.aorgu Houseman in the act of returning witu tbia money, and have watched him until lie arrived with it lit his home ; and being ignorant ol the precaution of removing the money taken by House, man belure leaving) home, might not ibis person have watched about Iroui day to day ?have learned the hahita ol the people, and saw a woman leave at an eaiiy hour in tha morning, and profit by the opponent-.'7 uud it is a very remarkable thing that during the whole progress ol this case, no peracn lor a moment thought of regarding this money as an inducement to others to cmnmi' crime as well as the prisoner. 1 have alluded to the fabrication of evidence by a criminal, lor the purpose ol fastening the crime on others. 8uch has frequently occurr. d. Now, take the position ol Mrs. Bodiue, who was in the habit of going flora mat house and returning by night and by doy, and say if in all that you can lind, nothing like a f olution of the difficulty of the commission ol thia crime. You are not at liberty to disregard the rules ol law and evidence, but in that evidence, as well as out of it, you are to look at any circumstance connected with tbe innocence of the prisoner at the bar. The rule is n sound one. and one which you ar* not at liberty to overlook?Where the concurring circumstsnaes poiut at the offender, the circumstances are strengthened by the absence of any other agents." In this case, the de fence have endeavored to make out other agents. A man was seen on Suuday night walking along the road neat the house of deceased ; it was a very usual thing for people tc do so ; it was u much frequented rood. Ma hod a bundle, too, hut what it was wc know not; nor has any evidence been gtven to prove that there was any thing taken hclongtug to the deceased, bu? those articles whico were dignified by the came of jewelry. So much as to the man seen on the road. But there was another person seen. We have the testimony ol a clear-headed, calm, and intelligent man?one disconnected with the family and unbiased by report, that on Monday altarnoon, as Us was riding slowly on horseback, he saw a man and a woman close by, and coming from the ^ stoop ^ ol that house, ana tnat they parted in the middle of the yard. Now, gentlemen, who waa that man, and whora was he 7 Is it net extraordinary that of the numcious witnesses?the whole neghborhoo.. ?wha have been brought upon the stand, not one has been able to say who tiiat man was, or whete he is, and who the woman was, if not Mia. Houseman. The impor tance of having evidence of thia point produced, ol hav ing the man produced, is obvious, for then he could ex plain to us who that woman waa?whether it waa Mis HousemaD, or whether the prisoner was participator in thecrimeor not; yet upon all this, as to who he was, oi what or where he is, we are left completely in tha dark But I mention thia to you for the purpose of cautioning you to allow any mystery as to this person cloud youi miads in any way as to tne guilt or innocence of the pri soner. That is not the sort of doubt the law means, lor the doubt that ia ta exist on the question must be a rea sonable one, as to the guilt or innocence of tha accused. These are all the agents that I have been able to discover and I now proceed to enquire whether the concurring circumstances of this case points out the offender, and I will mention them in the order in which they occur, all of which are questions for you to pass upon One ol the first to which 1 shall allude, ia the letter of prisoner to her daughter. On one tide it is alledged that it was wri' ten for tne purpose of keeping her away from the house of George Houseman, that by ner absence an opportunity might be far warded for the commission ol the crime ; she hud been, it appear*, more in the habit of sleeping with the deceased than Mrs. Bodine, and it is said ths letter waa written to secure absence On the other side it is averred that it was dictated by the natural anxiety of a mother, lest her daughtei should expose herself by walking through the mud the weather being very bad. Whin you are asked to believe that that letter was written to (aeilitate the erimr hy the prisoner, there are two things to be dwelt upon -. one, that tbe letter was folded and lett unsealed, ami placed in the hands oi the baker's boy, and it may be asked, il the crime was contemplated, was it not extraor dinary that k should oa placed in tha minds of a stranger as it might lie read, and has been, as evidence, against tin writer 7 Again, tbe next ground of imputation ia thr hearing of screams on Saturday night; that fact ia intro duced to show you that the deceased came to her deatb by violence; und toither, that the death occurred on Saturday night; and observe, if those screams ware heard in the direction ol G.orga Houseman's bouse oi Satarday night, that bringa the charge home to the pri soner, who waa left In charge, and the last seen in the deceased woman's company, on Saturday night. On th> other hand, it is contended that the shonts arose from some other sou ice : that there was a craxy man pasting by at the time, and also that the testimony ia not to bt depended upon, from the peculiar manner and genera! demeanor ou the stand oi the woman wha testified to tbi screams. One circumstance must be borne in mind, and that ia a* to whether sho related it at the time to other parties; if she mentioned it at the time, it would be a s' rong I alt for your examination. She says she did? but there is no evidence to whom. How far these things era calculated to shake her testimony as prone to exaggeru tion, ia for you to consider and weigh at a proper time.? The next badge of guilt alleged by prosecution is thai tne prisoner slept at the house of the deceased on Satur day night; that ahe was the last person who was seen in iter company, and possessing tbe last opportunity oi committing the offence if she pleased; and I torn the infe renco attempted to be drawn by the prosecution, that she ?fid so. In reference to that, in the first place, that war not the first night she slept there. On ths Thursday and Friday previous she slept there too, in the absence of her laughter. She might as well have done it on either ol ihoso nights as on Saturday; besides, her brother war expected home, and was only kept away by the extraor dinary state of the weather which delayed hia passage a week. She had, it appears, contemplated going to New York on Saturday morning, aud accordingly made hei preparation on Friday evening, packed tip the clothing tor her son which the had washed. Ai usual, aha went on Saturday night to tha bouae of deceased, and want home on Sunday morning, not through the garden, but by the outer wulk, thus exposing herself still mflre to the neighbors. It was notorious to all the lamily that on Saturday night she had gone and alapt with Mrs. Houiemnn, and had asked Mrs Van Name to take her place. Thrae occurrences are recapitulated by me foi the purpose of asking you whether the opportunity was used by her for that purpose. But there are some circum stances which require attention in connection with this, ind one it the fact oi tbe window being open on Sunday If the offence was committed on Saturday night, it is worth while to inquire whether the window was lnltopen the whole of Sundav. and also the testimony of the wit nesses who state that they saw the deceased on Sunday, i< to br taken into consideration. These witnesses are,first, Mrs. Yen Nam*. She saw her once, and but for an in. stent, ai aba was Sitting by the stove. On tlie one aide it ii averred that thii testimony is not entitled to much con >dd*ratk>n,torthe manner in which it was given?from the relationship ol' the witness to the prisoner?from her strong desire to save her sister, aad that she is influenced by a strong bias to slate a fact which it is mt in the power 01 moral to contradict or disprove. On the other hand it is averrrd that the rapidity or the glance, and the (act of her having stated thelact before her slater was suspected entitle her to credit. You are to decide. The next witness who testifies to seeing Mrs Houseman <>n Sunday, is Matilda Rorke. She does not pretend to have been able to distinguish her features at a distance, 'nit she knew her by her size, her form and gait; she aays -he saw her on looking out of the window, busied with the removal of wood from the yard to the kitchen. Yon, ?entlemen, have aeen the place and looked out of the window, and you are theretoro enabled to aay whethar, ?a the evidence belore you oi a parson being able to re cognise another atfthnt distance, there is any phyaieal impossibility. But when this is alleged 10 be fabricated evidence en the part of Matilda Koike, it is worth while to ask why, if she did so, she did not go further. On the very day aha saw her aunt, the deceased, she tells it, and that before there was any intimation that scrim'! had t>?en commltt'-d. These things I mention to you, that yon have to review ell the circumstances winch are regarded as important. The next evidence is that of Mr. mi Mrs Burbtnk who raw her on the afternoon,aad about the same 'ime Mrs. Bodtne should have gone ever to sleep on Sun day, a female, they then thought was Mrs Houseman, but they dont think uow it was lier, becauseceitsin circum stances have shaken their belief; and they did not look so closely as to oe certain, but these four persons all ?ay they s<w Mrs Houseman on Sunday, Now, gtn l?m?n, this of being aeon on Sunday are all important to tnis case, ior various reasons; in the first place, brcsnse the accusa tion is that the accused committed the crime on Saturday night And if yon are ssti'Aed of that, and that the pri soner was tho last person who was with her on Saturday night, and ae poaaeased of an opportunity of committing the crime, you arc fully justified in requiring the prisoner to account for herself belore and after the time the offence is alleged to have been perpetrated. But in another point if view, if Mrs. Houseman was alive on Sundry, the sllc gation is done away with at once, and thertf ire. in re ference to the guilt of the priaoner, as to the charge ot committing the crime on Saturday fight, tho is vary material. Now. as to its being ci?;?. ''""d on ill recollect that the old people?the Sunday, you w ___ . Houseman's, as well as Mr. Van Nsme, attempt to account of Mrs. Bodino all the day on Sunday, from the morning until Bhc went to bed st night, except during tut brief interval of her going over to Mrs.Housemsn *? yon are to aatisfy yotirielves whether the *" 11 '* called is made out as to the whole of Sunday. H you he llero tho crime was committed on no* on Saturday, credit of those witnesses who temify to seeing Mrs Bodlneon Sunday, then you aim to oak if the testi mony of o father, of a mother, of ? sistfer, of a daughter, on the subject, la entitled to entire confidence. [The|Dis triet Attorney here rose end reminded the Court the1 there waa clear testimony aa to the prisoner's going over to the houae ol deoeaaed on Sunday.] There ia taatimony that Mra. Bodine did go orer on Sunday. She waa aeet to go over and look in at the window, aud try the lo .a of the door, and immediately return home, being unsole to get in. Now, the inquiry ia, whether witnesses have esashshe<l the lact that the crime could not have been committed that day. I: ia ihown that ahe had been teen b/ Mrt Wample. I only mention thoae porta of tbe evi dence I consider moit Imporiant, but while 1 onut oihei portioi * of it, 1 do not mean to convey the impiessioi. ih?t it ia not your province and your duty to attend to tl e.n At to nei waning tor the atage that morning, it it t'oi you to deteimme how far (here win anything uuutual in that. She goea on board the boat?arrivea at N. York? goea to Wait'*, and witueaaoa ate produced who pretend to keen tbe tun ot her movements durii g lh? day. Theie are aome oircumatancea iu her oourae on Monday, very important in the first place, it ia averred that ahe waited for the atage from an tally hour, aod that ia aet torth as a badge id guilt. On the other hand, it it teid that it wus neci ssa ry to wait, as the atage was in the habit of passing rapidly down the bi 1, and might have passed on if it had not been watched-, b aidaa, that it was her custom to wait for it, as on this occasion; therefore, that another circumstauce, marked as a badge of guilt, is her crying out to Thomas' the driver, not to close the door of the stage. Whether this is to be regarded as a badge ot guilt, or conduct natu ral to a woman uuder tbe circumstances in which she was placed; is lor you to determine. The tact oi her over paying her late, iu her haate to get on board the boat, ia also looked upon as being a badge oi her guilt; and alto, that she looked at the houae aa ahe passed along. The facts related by tbe witneas ate lor jour attention, but with the inference drawn by him you have nothing lo do. These are the circumstances dwelt upon up to her urrivai at New York on Christinas day, and ate to be very care fully weighed by you, us well as all the conduct of the pri soner, us all-important to coming to a cortect conclusion. From the lime her son Albert traces her to Waite's store, sht-|goes out at Id o'clock lor halt an hour, returns again abcut half past twelve, remains a short time, gees out again at 1, anil remains an hour and a half. Where was the then ? Was she pawning those things at thu pawn brokeis I She went away in the afternoon at 4 o'clock. Where was she the renidua oi that night ? This is a very important question lor you to determine in the matter ? And now mailt me?about II o'clock, the watch belonging to tbo deceased, or one so similar aa to be taki n lor it, is offered to a pawnbroker at the coiner ufCsnal and Laigbt streets, a short distance from Waite's store, whet e Mrs. Bo dine was, by a woman resembling her Between ill and Id o'clock, that wutcli is offered by alt male to Mr Adol pliua lobe pawntd; between id and 1, the spootiifue lift at Hart's, aim between 1 and 3 o'clock, the chain at Cohen's, and the other articles are li lt at Schultenberg's. This u hall au hour after 12 o'clock, and au.hour aud a half alter 1 o'clock, during which the prisoner does not uccount for herself; these articles being pawned by a female in that interval. By what iemaie ? The person who did so must be the same; that is the irlcrcr.ce to bs drawn, aa all these transactions were done by a person who gave her name as Mrs. Henderson, of Bergeu, New Jersey, Again, aa to her dress It is said iu getting in the i-tage that morning, she had on a black coat and veil. Albert testi tifira ahe wore a black striped velvet bonnet, a blaek dress and no cloak. Now, on her way up, she bought a green veil. Bhe wore no veil at the steamboat. She had on a green veil, and at Adolphua's the had a satchel, such as is carried by females. Now, Irom all thsse circum stances, judge who that person was, for all these are im portant as to the question of identity. At -l o'clock, she left Waite's to go, aa she said, to Mrs. Strang's to stay all aight. She did not stay that night at Mrs. Strang's. That night the house was fired. Where was she thut night ? The next morning, at early dawn, the was seen at the Quarantine ground, four or five miles from the pre nines, and going on board the steamboat at an unusual hour, and a considerable time before it started. Wheie had the bean during that night?dating the Interval between 13 end 2 o'clock on the day pre vious. and during tbe residue oi the time irom 4 o'clock, at well as thsf fdght and naxt morning? Now, she has }t of herseli through her counsel, and int? When 1 speak of her being at 8:a >so on the presumption that those persous having seen her, pre entitled to confidence; kr you to decide. What account doca she give? The counsel for tho pioaecution seem, from a re. mark made by them, to think it was not proper to sllow her to give thelaccount she did give through her counsel; I do not so understand it In the French courts it is cus tomary to allow it, and even question tbe prisoner on tba subject, and in the English courts also the accused is al lowed to give his own explanation aa they ckoose; and in this case 1 think it is clearly right to accept her expla nation, with due allowance at the same time for the influence of her position, ol her daDger, and inducement and temptation to make a false itatement. It ia this? that being ?' that time ia the condition of preg nancy, which the draired to conceal from hei frienda and|paranta, that the came that night for the pur poae of getting rid of her difficulty, and avoid the shame attendant upon exposure; hut, gentlemen, let me ask when that shame has been disclosed, and the birth of a child removed all hope of longer eincealmmt, doea the reason for withholding from yon the explanation anv longer exist.' The argument of counsel is that at thia time ahe must have been secluded in some of those haunts where facilities are afforded te mothers of committing crime against their own offspring, whore she might get rid of the burthen she carried a boat with her That,il 1 understand it, is the account she gives of herself. Bui, gentlemen, matk me, if the purpose with which she weni to this place was honest, was that of giving birth to her child in the regular fulness o( time, there can bono reason which could operate on the minds of those midwives whe were there to come fotward and declare thp fact; and the only reason it appeata to me that it ia net done, ia that ahe cannot now discloae what took place If her object was te givebir.h to her child in the fulneta ol time, no witneea concerned need fear to attend in thia Court; but if her ob Ject waa of another nature, ahe would not be enabled to prodnoe it in evidence And, gentlemeu, however out feelings may revolt at the turpitude of that charge, you are not to allow it to weigh a moment npon her guilt or innocence of thia crime for which ahe ia now en trial if wo believe that a murder and robbery w.->? committed, is it to be regarded aa the motive (or setting fiietotbi house, and the question is, who firod it, and for what pur pooe7 That ia an Important question, for if wa believe it waa fired ;for auoh a purpose, we are called upon to bi - lieve that party committed the murder. Was Mrs Bodine In New York or at Staten Island at that time ? Waa she where she might have committed the crime 01 waa ah.e not ? On reference to this part of the oaae thr queation of identity is important, and I have met that pur posely by itself in order to impress your minds with thr necessity of weighing the testimony with great caution and care. It ia a dangvroua species of testimony unlet weighed well, although in some caaea circumstantial evidence as to identity may be very satisfactory and con elusive in any sensible mind, but there may be evidence of identity ao alight and weak aa to be entitleJ to very little consideration. What kind of evidence ie produced here? Cohen, with whom the chain waa pawned, ia vety well satisfied that the prisoner was the person who did to; he has no doubt of it; and you aie to observe that hia situation and business gave bim facilities to know ber. He aweara tkat he maiked the female ior a given purpose, and that waa te see if ahe was the same female who had a short time previous redeemed another chain there. On the other hand, it ia alledged that ahe waa in bis store only four or five minutes, during which time Cohen waa engaged in making out the ticket and dupli cate, and counting the money, and ao occupied aa not to have time to observe her sufficiently to know her, and it ia for you to say how far he had an opportunity of know ing the prisoner. Hart is equally positive, but in his cast there wee nothing of a peculiar kind, aa in that et Cohen, to awaken his attention But there ia one thing to be iregardrd in the case of Hart, and that ia that when on the stand, being called npon to point out the person, he pointed out the wrong person; and I wish here to remark that en objaction waa made by counsel to my repeating the observation made by wit oess. if 1 am to sit here as a judge, and hear an answei trom a witness and not disclose it, I would be unworthy of my position. We are not sitting here for conviction, but to ascertain the troth, and wo are to recollect that counsel for prosecution, or engaged in defence of the prisoner, are liable to look at the evidencevery different ly from the views of the,court and Jury; and I hold it as my duty to state what the answer was. He first pointed out the wrong person, and then correoted himself, and you are to consider this. Adolphus pretends be identifies the same person who was in his atore, on the Sunday afterwards in the Tombs, and saya that Mrs. Bodine is not much altered since that. If you are satisfied from all thiajtestimony of the identity of the prisoner, that she it was who |?awned these things which were part of the properly of deceased, and in her possession when aloue, you have got one circumstance entitled to very much w< ight at your hands, and in poising on it, you must take into consideration not only the alleged alight oppor tunity of judging which these witnesses had, hut also the faculties of judging of persons possessed by them A good deal has been said as to the cha racter aud reputation of these witnesses, and I sinct rely regret that counsel have felt it necessary to as sail any particular denomination of our citizen*; and I know of nothing in the character, habits or religion ot the Jews calculated to mil upon us to disbelieve their teati inony any mor tbsnthatof Christians, or justify, for a moment, ilia act of passing a wholesale condemnation on any class, ia this case. Nor d o I ate, in tha business ol a pawnbroker any such demoralizing influences as would diiqualify them of Jcve lability. I nan conceive it possible thata man of this kind might be the rereiv. r of stolen goods, and afford facilities to thieves and rogues of con verting their booty into money; in that acme tho business might be demoralizing; bn |-n the other hand, I can ima gine a great hen* fit couferred by a pawnbroker; and that many a poor family may b? relieved from wont and povor ty, and perhnps I prevented from crime, through such in strumentality. And I know of nothing that would Justify us in joining in that condemnation because man follow that calling. One consideration to ha attended to is, that thi< property waa found in hor possession Now, s'olon property, Icund on a man, is not conclusive evl donee of nia guilt, and muit b# examined in regard to citoumstaoccs Iff find ;a pocket book in the street, there is no proof of my dishonesty i but if I em founo converting its contents to my own use, that is some proof of my gtiil\ Two ftuthor considerations, in rsgsid to identity, are entitled to attention ; one ia the facility that was given, and the peculiar and extraordinary mode adopted et Htaten Island, by the ofloors, to identifv thr prisoner. When the person arrived, it ia said she was dressed up to look like the person described by the wit ucssos It no such preparation had been made, it would have been far better; we should not then he in the dark ; and it is for you to consider Bow far tho preparation made in the dress of tho prisoner irtlpoirs the evidence of the witnesses. I have thus dwelt on the circumstances of the ease at length, because much of the weight of thia case moat nscesserilv depend upon them- On what occurs from the time the prisoner lands her* en Mondav, until Urr return, must depend much of your decision ; bccaus< if she was converting the stolen property into money- if it be the casn that *he returned that night and fin d thi house?which is offered on one side?you are to sen whs' attention it is entitled to. The procendiiNps of Wcdnn day and Thursday are also material. It is averre^Jhst she advised against offering a reward for the discovery of the criminal. On one side it is averred she did so knowing that a reward would induce those who accused her to fasten the guilt upon ber. On the other able it is sverrcd that if she wm innocent it would bemoro natural for her to want to have a high reward offered, fhat thr guilty person might be found out. The inference would l>e very natural that her interest required her to 8vo a very different advice from this. About at timo came the letter tn Wait, by the bond* of bar ?ou, and to her paramour, both poisons likely to defend -m i" httt? th ? her In any circumstance*. On the pert of the prosecution, It to averred>matthto latter was written requiring them to beer laUe testimony for the purpose ol biding her gout, bet according to the other aide, ot hiding her ahame. If the words in the letter be " hide the thing*;" whet were thoae thing* T for there ia uo evidence that she left any thing at Wait'*. II the word* be "bide (he writing*," what were thoae writing* unlet* the note* to which allusion ha* been mad*, but on thi* I will leave you to draw y*ur own ooncloaion, with thi* simple remaik, that if that letter point* to thi* peculiar offence, and ssks for false evidence, you have a right to consider it a* entitled to weight Now, a* to her Hying from jus 'icc, whut are the fact*? On Wednesday or Thursday -he know* abeia suspected of participating in the crime. On Thursday night, in oompany with her father in hi* house, uo cand,e* burning, her brothei-in-law came in, and attrr sitting a few moments, broke out rudely, and sail a very b-idy thought it wai Polly that did it Very soon after ahe leaves the room, and in a little whila is not to be found; a search ia made over the whole neighbor hood, but they could not Hod her. The next morning at daylight, she is found at the steamboat land ing ut quarantine, four inile* distant from her lather's.? Stie come* to New York, and nothing is i?en oi her until 8 o'clock at eight, when the goes to an eating house, and got-* to bed. Before doing so, thi* matter is talked over, and she herself informs the company that she wa* the sister-in-law of the deceased; she goes to bed, and in a few minutes word comes that officer* are searching Wait's store. The Judge here reca pitulated minutely the teatimony as to the different movements of the accused, lrom her beity retreat from this house until her arreat. He also dwelt particularly upon the motives to the commission of the crime which wire not by any meant clearly apparent, and concluded by say ing?You are to look at all these circum stances collectively aa well as separately; it is not enough to look at one and then at another separately and distinctly, but you must take them and gravely examine them in connection. You arc net to ho satisfied by an examination oi a separate link, for you must see that the whole chain of evidence is perfect. If anything is to be deduced from it, I have told you what is your duty and by what rule you are to be governed. Your duty is im perative, and >ou cannot neglect nor evsde it without a violation of your solemn oaths, The question, gentle men, is now in your hands, I have done my part, ami 1 fervently hope that in this case you may he directed by Him who alone oan bring light out of duikness, and lie enabled to make a tiue deliverance between the people and the prisoner. The Jury here retired et half past two o'clock, and re mnined until about a quarter to twelve? when they sent a message in writing tothe Court, which on looking over, the prisoner was diiccted lo be sent for to Eldridge street prison?bei presence being deemed necessary, as the Jurors wanted to hear some < f the testimony from the Judge's notes. The prisoner came into Ciuit at twelve o'clock, when the Court room was crowdtd, many ladies amongst the crowd- Her appearance was really awful she looked a breathing corpse?aa pale as death?and took her place beaide her counsel. There was an impresaive solemnity about the scene, that had all the appearance of a funeral?the solemn stillness of the Court-rocu>?the intent gaze of the spectators?the dejected look of tho prisoner, who stood alone in her place?a lone female, in utter agony among a crowded Court?tho scene by tho looker on can never be forgotten. On the Jury coming Into Court, Thk Court said I have sent for you, gentlemen, because 1 want to know if you have agreed to your ver dict 1 You sent me three memoranda?first when there, yould like to see my minutes. This I cannot allow. Ano ther question, must the prosecution prove Mrs. Bodino to have been in the immediate neighborhood at the time of the fire, and next. Can the jury render a verdict which may vary so as to the jury may find the prisoner either guilty of murder?of manslaughter? or a vet diet of " rot proven," or " not guilty." Ills Honor here explained the law in relation to the dis tinction! between murder and manslaughter, and that a verdict auch as " not proven," was not recog uized in the law powers under tha Constitu tion?and proceeded to read the testimony ot the two black people in relation to Mr*. Bodina's identity ou board the steamboat; when he proceeded to answer lrom bis notes some questions frem the Jury on points int'o uuerd in evidence, particularly in relation to the ligature on the wrist, and the circumstantial testimony. The jury, he continued, should be fully satisfied of the guilt of tba prisoner as to the actual committal of the murder, to find a verdict of guilty. , Mr. Qramam and Mr. D* Witt excepted to the ques tion in relation to throw it g the onus prokandi on the pri soner, to show her whereabouts tt ihe time of the Arc, in the absence ot attlrmative testimony ; such a course being adopted on the part of the prosecution, with a view to corn?ct the prisoner with the murder. His Honor here directed the jnry to retire, and ordered them refreshments and beds for the night. A Juaoa-(Mr Ledgeberry,)?This looks better than we deserve. (Laughter.) Court?Well, you have discovered a deal of patience throughout the case. The Jury then retired. Thrir O'clock, Friday Morning.?'The jury have not yet agreed. New York Pilotage ?The "Wall street press" seem determined to give tho pilots no quarter ; they abuse them, let them do what they will. We really believe that they will next find fault with this hard-working class for kissiug their wives and little ones on their return to their firesides from a peril ous cruise at eea. C The Courier fy Enquirer of yesterday made a characteristic attack upon these meritorious men, because our Legislature has seen fit, in its wisdom, to throw open the pilotage of this port freely to the world. No one, however, would care for the at tack if it had not uttered one or two willul false hoods. It eayB:? In prw<4>t this, we n>?> state, that cc??? week or two ago, two New York pltoU, aceottingoneof our most in t'lligent packet captains, teemed quitedinnoaed to exult la what they assumed would be the miiehJei of repotting the law. "There are," said they, " no laws now?no rules?no penalties : wo can go out, or nay at home; and if on a cruise, we perceive a vessel in danger without a Cilot, we aro at liberty lo make our own bargain with or, and if our terms are not complied with, we can leavs her to her (ate." This statement mast appear ridiculous to every one. What man would utter the sentiments thus expressed 1 They may exist in Wall street, for til we know to the contrary, but we are sure no pilot of New York ever harboredlsuch in his thoughts. We should like to have the names of the two pilotr, and the packet captain, who were engaged in tho conversation referred to; and we have no doubt but that the New York pilots themselves would also like to have them. We believe that we should be justified in offering a small reward for their names in order to place the matter in its true light before the public. But all this abuse of our pilots will n I avail much. The law, throwing open the pilotage, has passed the Legislature, and received the signature of the Governor. It is now in force, and so far, haa worked well. The New York pilots continue the business in the same way as before; they pilot vessels in and out; they cruise to the same distance ?ene and fifty miles and more?at sea; and they move along precisely ia the same business-like maan^r as if no law had been altered, or no unmi tigated abuse heaped apon them. In the creation of new pilots, none but citizens of this State will be countenanced, and only those who have served a regular apprenticeship to the pilots now in exis tence, will receive licenses. Let us see if anything better than this can be introduced. Political Movements ?It is said that Genera Dix has passed through the city in route for Wash ington, where he will take up his residence to sv? pervise Governor Marcy or any body else, and di rect the appointments of President Polk in the northern States, if he can. He has plenary powers from Governor Wright and Mr. Flagg, to restore the Van Buren and Benton office holders who are out of place, and if Mr. Pelk declines to set as Gen. Dix desires, he is to be threatened with the hostility of the Albany junto. Albany Election.?This election resulted on Tuesday in the choice of John Keyea Paige, tho democratic candidate for Mayor, by the annexed vote dpril 1849. Jtpril 1844. Paige 3,14!) Btsntou 3,641 umphrey. 9,133 Humphrey 9,396 Peigek Mej 37 Humphrey'* Maj... 634 The Common Council stands as last year?9 de mocrats to II whigs. Naval Movements.?The Alleghanian bugs Somers and Lawrence, sailed from Pensacola last Monday wot k, with scaled orders?supposed to be for the coast of Mexico. The Falmouth was to Change of Hour.?The steamboats Knicker bocker and Rochester, will on and after Tuesday, April 16th, leave lor Albany at 7 o'clock, P. M., in stead of 6, as heretofore. Mossa's Magnetic Teli graph.?The exhibi tion of the telegraph will soon be closed. Bpird?The steamer John Marshall arrived yes terday, in twenty days from Norfolk to theBalteiy. Draft)Tin Territory.?The territory betwesn Iowa and Missouri is to be left to the Alleghanian ?uperior Court for arbitration. Eviction in Portland.?No choice for Mayor in Portland on Tuesday % Appointment by the President.?Col. Polk, to be Naval Officer tor the Port of Baltimore.

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