NATIONAL LIBRARY OF MEDICINE
             Washington
Founded 1836
U. S. Department of Health, Education, and Welfare
Public Health Service 
 
 
a <> rf      Loh»* *«, dnnz (-Trcu/)
TH,RD EI>ITIOM-PRICE 0} CENTS.
             WONDERFUL TRIAL
                          OF

 CAROLIIE  LOHMAN, ALIAS  RESTELL,

WITH SPEECHES OF COUNSEL, CHARGE  OF  COURT,

              AND  VERDICT  OF JURY.
         LREPORTED IN FULL FOR THE NATIONAL POLICE GAZETTE^


                                  ^imiCH GENERAL'S OFF

                                        FEE,-91000
      PORTRAIT OF MADAME RESTELL,


  m              Wholesale and Retail Agents.
 Ifti* York Ctiy—Burgess, 8tringer, & Co.; George Dexter ; Long & Brother; Taylor & Co • Grahaa & Co
and Michael Madden. Philmdelphia, Zieber & Co., and Gaorge Adriance. Baltimore, Taylor & Co. JUbaniT
fcCrteey. New Orleans, J.C. Morgan. Mobile, Si. Boullemet. RichmoVd,'jr£ldeY. Washington, Taylor* 
  w
(oOO

TO  THE  PUBLIC.
  The within report  will  be found full
and particular in the extreme, embracing
every tittle of the medical testimony,
showing to females  the perils and the
terrors of an invasion  of the course of
nature ; comprising the whole science of
physiology and obstetrics, from  the mo-
ment of inception to the period of full
time, as elicited in the testimony of some
of the most celebrated and distinguished
physicians of New York, and concluding
with  the  most extraordinary  citation oi
evidence by the defence, against the cha.
xacter of the female witness, for the pur.
pose of invalidating, her testimony, ever
produced before a criminal tribunal.
  Our report has been taken by a physi-
cian of extensive learning and great ex-
perience, and will be found not less valu-
able to the medical student and legal
practitioner, than  as a warning  lesson
to females who may err,  not to resign
their lives to the infernal practices' of an
abortionist.
  This pamphlet will be found illustrated
with two splendid engravings, one  alle-
gorical of the " Female Abortionist" and
the other an excellent likeness of Ma-
dame Restell, taken by our artist, as she
appeared  on  the  first day of the  trial
in the Court of General Sessions of New
York City—the 25th  of October,  1847.
Entered according to Act of Congress, in the year
     Clerkrs Office o Ithe District Court o Ithe Unite
1847, by Enoch E. Camp and Geobub Wilkes, in the
1 States for the Southern District of New-York. 
COURT  OF GENERAL SESSIONS.
                                 TRIAL  OF


            CAROLINE     LOH  MAN,


                     ALIAS MADAME  RESTELL,

      FOR MANSLAUGHTER  IN THE  SECOND  DEGREE,

B.T  PRODUCING  ABORTIOX  UFOX  THK  BODY  OF  MARIA  BODINE,  IK
                                    JULY, 1846,

               REPORTED VERBATIM FOR THE NATIONAL  POLICE  KAZCTTf:.
                First Day.
  This woman was put upon  her trial for man-
slaughter in the second degree, for committing
an abortion on the person of Maria Bodine, and
killing her quick child, under the law of 1846—
She is impleaded in this offence with Joseph P.
Cook, cottoa manufacturer, of Walden, Mont-
gomery county, whom the  complainant alleges
is her seducer  and  father of the child, and also
with John McCann, who was  in the employ of
Cook, and made all the arrangements with Res-
tell for the procurement of  the abortion.  There
axe five counts in the  indictment, four of which
are punishable with State prison not  less than
four  years, nor more tbau seven.  One  count
charges the procurement of  the abortion of a
child not quick, which is punishable as a misde-
meanor only.
 The court-room was filled with spectators. The
prisoner was attended by Lohman, her husband,
and appeared much dejected and downcast. She
had no female  associate, nor  were there any iu
the court-room save herself.
  The People were represented iu this case by
District  Attorney  McKeon  and  Deputy Jo-
n vs  B. Phillips, assisted by  Ogden Hoffman,
F.xj.
  I he  prisoner had the valuable aid of  James
T  T!kady and David Graham, Esqrs.
  After the  opening  of the Court,  two jurors
were called and set aside, for  having formed an
opinion.
 'Richard Venables, hosiery merchant, No. 120
Canal street, was next called, and having sworn
that  he had not formed sn opinion as to the gtiilt
or innocence of the accused, he was sworn as a
jnror-ia-chief.
  Two jarors were theft called and set aside, far
having:formed ' aa opinion as to the guilt of pri-
soner.
  Russell Benedict, merchant, 63 Pearl  street,
was next called, and having sworn that he had
formed no opinion of the case,  he was  ad
milled.
  Robert Young, thread store, 122 Grand street,
was next  called, and having sworn that he had
neither expressed or formed an opinion, and was
decided in not having  any impression  as to the
guilt or innocence of the accused, he was ad-
milted.
  Three jurors were then called who had formed
an opinion, and they were set aside.
  Noble G. Minor, was then called, and swore
that he had neither expressed or formed an opin
ion, but the counsel for prisoner challenged him
peremptorily, and he was set aside.
  Thirteen persons were then examined and set
aside for having formed opinions.  One man was
challenged peremptorily, and two more set aside
for having formed an opinion.
  The panel  was here exhausted, and an order
was made upon the Sheriff for an additional pa-
nei of one hundred jurors to be returned the next
day.
               Second Day.
  The new? panel being returned, the empanelling
of the jury was continued.
  Five jurors were sworn andsei aside tor Hav-
ing formed opinions.
  Hugh Curry, 176 Sixth Avenue, stated that he
had not formed any opinion, and  the coailenge
for principal  cause not being sustained, he was
challenged for favor, and the two first jurors
sworn as triers.  He was finally set aside by
consent of counsel.
  Three jurors were  then called and set aside,
for having formed an opinion.
  Ferdinand  S. Cortelyou, saddler, 933  Broad-
way, stated that he had formed an opinion to a
certain extent.  The juror's competency was
left to the two first jurors as triers.
  Examined*— I have formed the same opinion
that I woald from any other statement I  read in
a paper;  I believe Madame ReMell was the to* 
4
dividual the charge was  against, but I  did not
conclude her guilty.   I would deal with a fellow
being the same  as I  would wish to be dealt by.
The statement I read did not make an impres-
sion on my mind unfavorable to the prisoner. I
was but a short account, and I did not assume it
to be true.
  Mr. Graham.—U  the juror has a bias person-
alJly against  the defendant, he  does not stand
impartial.
  Examination  resumed.—I have not formed an
opinion unfavorable in this case, but have form-
ed an  opinion unfavorable to the general charac-
ter of the prisoner.  It was my opinion that her
general character is bad.
  By Hoffman.—It you were sworn as a juror
would y'du disregard what you have heard or
read out of court, and  render your verdict  on
the evidence alone ?
  Mr Graham objected,  and an argument en-
sued between counsel, but the  Court  admitted
the question to be put.
  The counsel for prisoner excepted,  and the
question was again put.
  A. I would endeavor to do so to  the best of
my ability.
  Mr. McKeon  then  addressed the triers, aud
they decided  the  challenge not true  and the
juror was sworn.
  Six jurors were then called aud set aside for
having formed an opinion.
  J. B. Anderson, grocer, corner of  Horatio st.
and 10th  Avenue, was  next  called.—I have
neither formed nor expressed an opinion; I have
never seen any sketch or statement that led me
to form an opinion.  What I have read made no
impression, and I have not now any unfavora-
ble  opinion against accused.  I can't say that I
have  formed any opinion as to her character
generally.  He  was  sworn as a juror.
  Four jurors were then called and set aside for
having formed an opinion.
  William Blachet was next called,  and stated
that he had formed an opinion, but if sworn as a
juror he would endeavor  to decide according to
the evidence. He was challenged  by counsel
for  prisoner  for favour, and set aside by the
triers.
  Five jurors were called and set aside for hav-
ing formed an opinion.
  James Stout, bootmaker, 440  Hudson street,
was next sworn.—I have heard about the case
and expressed an opinion.
  McKeon.—Do you know what the prisoner is
indicted for?    A. 0 yes.  Q.  What is it for?
A.  For bigamy  (great laughter), I have formed
a general bad opinion ofher character.  Q. What
do you understand by the word  bigamy?  A. I
don't know enough of the nature of this case to
understand what the trial is for—I have a strong
prejudice against the defendant, the same as I
would have against  any other woman  following
the same business ; this prejudice is founded up.
on general reports.  This juror was set aside.
  Twenty six were then  called and set  aside for
having formed opinions.
  John Hadden. 148 Third  Avenue, was next
called and testified that  he had not formed or
expressed any opinion, nor had no prejudice or
prepossession whatever.  He was sworn as a
juror.
  The pane! here became exhausted, and an or.
 der was made for 100 more jurors, to be returned
 next day.
                Third Day.
   The Court room was crowded to  excess, but
 not a female except the prisoner was present.
   Five jurors were called  and set aside for hav.
 ing formed opinions.
   Steplien H. Skidmore,  tailor,  137 Spring st.,
 was called and answered as follows:—I  have
 expressed an opinion, I think, but not upon this
 charge; I can't say that she is guilty  on this
 charge but I am not free from bias; I could not try
 the case fairly; I have heard for years past of her
 business, and I could not divest myself of all
 that I have  read, and I could not  try it impar-
 tially.  If I erred at all, I should go in  favor of
 the prisoner. On the answering  of this last  ques-
 tion the challenge was  withdrawn by counsel for
 prisoner, and the juror was sworn.
   One juror was then set aside  for forming an
 opinion
   R.  W. Higgs, painter, 62 Vandam street, was
 next  sworn, and stated  that  he  had  neither
 formed  nor expressed any opinion ;  the state-
 ments he had read had left no bias, nor impres-
 sion or  prejudice whatever, against the  defend-
 ant.  He was sworn as a juror.
   Four jurors were  then set aside for  forming
 an opinion.
   Thomas Edmonds, 67 Sullivan St., was  next
 called, and said that he had not  formed  an  opin-
 ion from any statements he had read.  That he
 felt his  mind so free  from prejudice  that he
 could fairly  try the case.   He was sworn.
   Five jurors were called and set aside for form-
 ing- opinions.
   Martin Benedict,  watchmaker, 226 Bowery,
 was called, and stated that he had not express-
 ed any opinion, and did not know what the case
 was ; he had heard  rumors, but  had formed no
 unfavorable  impression against the accused. He
 was sworn as a juror.
   Six jurors were here  called and set aside for
 having formed opinions.
   Job Chandler, merchant of Maiden Lane, was
 next called,  he stated that he had neither formed
 nor expressed any  opinion; had no prejudice
 against the  accused and thought he should be
 impartial if sworn as a juror.  He was sworn.
   Several other jurors were called and set aside.
   Isaac Binns, straw manufacturer, 309 Hudson
 street, was next called.—He said he had formed
 no opinion; that there was so much nonsense
 in the papers he  did not  believe all;   that he
 knew nothing about the case and had  resided
 in New-York 17 years.
   He was sworn.
   The jury  was then completed as follows :—
   Richard Venables,    Russel Benedict,
   Robert Young,       Ferdinand S. Cortelyou
   John B. Anderson,    John Hadden,
   Stephen H. skidmore, Thomas Edmonds,
   Robert W. Higgs,    Martin Benedict,
   Job Chandler,        Isaac Binns,
   Owing to a request of the Recorder, the  Court
 then  adjourned until Monday.
                Fourth  Day.
   The  Court-room was crowded to  excess, and
 the jury being seated,  the case  was  opened by
 Jonas B. Phillips, Esq., Assistant District At-
I torney, as follows:—The time which has been 
5
 occupied in selecting  you as the arbiters who
 are to decide upon the guilt or innocence of the
 accused, has not been mispent, since it  has  se-
 cured to her a jury which may emphatically be
 said to be one of her own selection, who will pa-
 tiently listen to the evidence in  the  cause, and
 who will pronounce their verdict with  fearless
 and firm impartiality.
   To such a jury no caution is necessary; I have
 that coufidence in your intelligence  and integ-
 rity which asures me that while you will accord
 to  the prisoner all  the rights which  the law
 guaranty to her, those  of  The  People  will be
 maintained with equal fidelity;  the supremacy
 of the laws will be vindicated,  and if the  evi.
 deuce satisfies  you  (as I cannot doubt it will)
 of the guilt of  this defendant,  the community
 will no longer be cursed with one, who disgrac-
 ing her sex, forge ting that she is herself a moth-
 er, disregarding at once divine and human laws,
 has amassed a  fortune in the daily perpetration
 of a crime  which violates and annuls  one of the
 most  sacred ordinances of Almighty God.
   You will be told that you must discard from
 your minds all  prejudices  unfavorable  to  the
  risoner growing out of the peculiar position she
  as held in this community.   Useless  precau-
 tion to men like you! right minded  men, who
 will never permit their abhorence of  a crime to
 influence their decision as to the guilt or inno-
 cence of those who  may be charged with  its
 perpetration.
  The holiest spot in  the Temple of Justice is
 the Jury box; sympathy, prejudice, or  passion
 cannot enter it; ye are then withdrawn from the
 world and all its external influences,  the stern,
 honest and inflexible ministers of Justice, whose
 decision the guilty alone  await  with  terror and
 apprehension, but to whom innocence ever looks
 with confidence and never dying hope.
  The duty which devolves upon me in conduct-
 ing the prosecution of this cause is simply to
 narrate the facts, an investigation of  which,  by
 the Grand  Inquest of the country, has resulted
 in placing  Ann Lohman,  otherwise  known as
 Madame Restell, upon her trial,"on a  charge of
 manslaughter in the second degree, for  having
 on the 19th of July, 1846, produced an abortion
 on  the body of Maria Bodine,  she being then
 pregnant with a quick child, and thereby produc-
 ing the death of such child.  This indictment is
 founded upon the Act  of the 4th of March, 1846,
 having read which, I will  state with as much
 brevity as  perspicuity  will  permit, the  facts
 which the prosecution wish to establish, by the
 most  conclusive evidence, and  upon which we
 shall ask you to pronounce this woman guilty.
  (Mr. Phillips  then briefly presented the main
 facts in the case, which will be  found in the re-
 ported testimony.)
  The heart sickens at  such a narrative. Na-
 ture is appalled, that woman, the last and love-
 liest of her works, could so unsex herself, as to
perpetrate such fiend-like enormities.
  The gardner watches, with jealous care, the
 seed he casts into  the  fertile   earth,  until it
 germs, and  buds, and blooms, in the consum-
 mated perfection of  nature's loveliness.  But
 (his defendant  destroys  the germ of nature.—
 she kills the unborn  infant; endangers, if she
 does not destroy  the mother's life, ruins her >
health;  and all for the sake of the base lucre, i
 which she allures the frail, or wicked, who have
 fallen, to pay her, in the vain hope that she can
 aid them to conceal their shame.  It is for you
 as jurors, husbands,  fathers,  and brothers, to
 say, whether these monstrous crimes are to con-
 tinue; whether  God's laws, and  those enacted
 for your society and protection, are to be violat-
 ed with impunity.  The community look to you
 for a fearless, firm,  and faithful discharge of
 your duty.  In this behalf, the  progress of this
 cause will be watched with intense and anxious
 interest by your  fellow citizens.  A  sacred and
 important responsibility has devolved upon you,
 the sworn conservators of their peace and their
 security.   The spirit of truth will guide and con-
 trol your deliberations, and so  directed, the re-
 sult will be such as your consciences can safely
 rest upon, and the public voice approve.

   The complainant, Maria Bodine, here came in-
 to Court with a feeble, tottering walk, and took
 her seat in the chair usually  occupied by wit-
 nesses.   She is a young woman, about 26 years
 of age, middling size, and evidently in a rapid
 decline of health.  She was neatly dressed, and
 her appearance  created  much excitment  and
 sympathy throughout the crowded court-room.
   On being called to  be sworn, Mr. Brady, one
 of the counsel for the defence,  objected to the
 competency of the witness, on  the ground that
 she was an accomplice with  Madame  Restell,
 and, therefore, was not a competent witness.
   This objection  was argued by Mr. Brady and-
 Mr. Graham.  The prosecution declined reply-
 ing, and  the Court decided that  the witness was
 competent.

   This chief witness for prosecution was exam-
 ined, as follows, by J. B.  Philips, Assistant Dis-
 trict  Attorney:—Q.  Where  were  you  born,
_Maria ?   A.  In the town of Montgomery, Orange
'County.   (The reply was given in so low and
 feeble  a  tone, and  was so  indistinctly heard,
 that the  Court  ordered all persons who wished
 to withdraw to retire at once, as  they would have
 perfect  silence.)   Q. How old are you? A.
 Twenty-six years.
   Mr. Philips.—State  to  the Court and  Jury
 whether you were ever pregnant, and what was
 done in the case, aud by whom.
   Brady.—That  line  of  interrogation will not
 answer.
   Philips.— Q. Where were you living in April,
 1845?  A. In Orange County.   Q. Doyouknow
 Mr. Cooke?   A. Yes, sir.  Q.  When  did you
 go to live with him, and in what capacity ? A.
 Two  vears ago, as housekeeper, at Walden.—
 Q. Had  Mr. Cooke a wife?  A. No.   Q.  Was
 he a single man, or a widower ?   A. A widower
 Q. When you were  at Walden,  at  what  time
 did the intercourse commence?  A. About one
 month after I went there.  Q. How long did it
 continue? A. It continued up  to May one year
 ago.  Q. In  what  situation did  you then, or
 about that time, discover yourself?  A. I found
 that I was pregnant—that I was in the family
 way.  Q. How  did you  discover this?   A.—
 (The witness blushing, and after much hesita-
 tion, replied.)—I found I  had lost my monthly
 turns.  Q. What else did  you find or feel?  'A
 I  was very sick, apt  to vomit, my breasts be
 came larger, and were very painful.  Q. Did
 you notice any peculiarity about your nipples.— 
6
  A. A dark streak came around them.  Q. Did
  you communicate this fact to any body, aud if
  so to. whom ?  (The question objected to, and al-
  tered in form.)  Q.—(Varied.)^-In consequence
  of your situation, did you come  to New York,
  and when?  A. I came  down to New York  in
  June, about the middle of it.  I came from Ra
  mapo, where we had removed  to, in the cars,
  and then in the  Piermont boat to New York.—
  Q.  To whose house did you go when you ar-
  rived in the city of New York.  A. To Nancy
  Trimble's house, the wife of Capt. Trimble.  It
  was about  12 o'clock at night when the boati ar-
  rived.   Iremained at Capt. Trimble's all night,
  and. went  to my sister's, Esther Dexter, at 216
  Bleecker street.   Q. What is. your sister's hus-
  band's name?   At Geo.  W. Dexter, 216  Bleeck-
  er.  Q. How long did you  stay at your sister's
  house? A. In all about two weeks.  Q.  How
  long were you in New York before you went to
  Madame Restell's?  A.  A  few  days—about 3
  or  4 days.  Q.  Where  is  Madame  Restell's
  house, and how did you  discover it ?   A.  It is
  in Greenwich street, and I saw the number in
  the newspapers.   Q. When you got  there who
  let yon in, and whom did you see?  A. Madame
  Resteil admitted me at the door; I see her now
  sitting in the Court. Q.  What did you say to
  her, or she to you?  A. She asked mewhat I
  came  for?  I said I  wanted  her  advice.   I
  wished  to  know my case.  She asked me how
  I felt and what I complained of?   She said she
  thought that I was in the family way, but could
i  not tell any thing without an examination; she
  repeated she  could not  tell far certain without
  making an  examination.   Q. Well, what then ?
  A. She said her  price was $5 for examination,
  and  $100 for operating.  Q. What next?  A.
  She said, she had pills at $1 a box, and; §5 a box!
  I could get them,  and  take  them; and if J
  ioereso, they would bring me right.   If  I were
 not so, they would do me no harm, and no good.
  Q. Did she  make any other inquiries?  A. She
  asked me what  my circumstances were.  She
  said it would be a very expensive job. She in-
 quired what my beau, was : and I told her he was
  an agent in.a factory. Q. Yes, aud what next?
  A. She asked me if—-
   H?r*- fVic witness, Miss Bodine, completely
  iaheredj her countenance  changed, and she was
 overcomp by sickness, complaining to the Dis-
 trict. Attorney "she was fatigued  and had over-
 spoken herself."  She was allowed to withdraw
 for. a short time,  into an adjoining room,  and
  the Court and Jury also retired.  Before t!-e ex-
 amination  <vas resumed,  Mr.  Brady and  Mr
 Graham, of Counsellor the accused,'insisted on
 her speaking loud enoughherselfto be heard by
 the jury.and that her answers should not be re-
 peated by the District Attorney, orother  of her
 Counsel.  The -attempt to  enforce this regulation.
 seemed to produce considerable surprise and dis-
 satisfaction.
   After the excitement and dissatisfaction u the
 enforcement of this rather novel  rale in.legal
 practice, had somewhat,subsided, the  examina-
 tion m chief of Maria Bodine was resumed bv
 Jonas B Phillips, Esq., as.follaws:—
   Q. Maria, yonsfcajdjMadame Resieii tnatwmr, J
 c*uu was, an agent  ioa  rsctorjy,?  Goon. A  I
 tsne then said, if he  wanted! aa  abortion it
  would be one hundred dollars.  Q. What else
  was said or done at that time ?   A.  She said she
  would rather not give me an abortion, and I had
  better come and stay at board at $5 a week for
  the time out.  $. Well, and what then ?  A. I
  said, I was six months gone, and would  rather
  stay and board the lime out at $5 a week, but
  my beau would object to the charge.   Her bus-
  band then came in, and: wanted her to go out
  with  him.   Q. How do you know it was her
  husband ? A. She said it was—she told me so ;
  I see him in court; the same man now sits: be-
  side her. Q,. What else  took place? A. To
  my recollection there was  nothing  more  then
  said ; I left the house, and went to a dry  goods
  store to purchase some things; an  officer over-
  took and arrested  me.; I told him my name and
  place of residence, and  he  went with me to my
  sister's in Bleecker street.
   Graham.—The Court will observe that we ob-
 ject  to any  question  unless Mad.  Resteil was
 there, and had a share in the transaction.  We
 kuow nothing about this policeman;  we  were
 not there—the defendant whom you are trying
 was not present, and such evidence ought not'to
 be dragged before the Court.
   McKeon.—We intend, the Court will observe,
 to show that  an officer had  been  directed to
 watch  those  premises,  to follow visitors,  take
 down their names  and. residence, and preserve
 tne memorandum.  We intend, subsequently, to
 corroborate this witness' evidence.
   Ogden Hoffman defends  this  line or' inquiry,
 and is answered by Mr. Brady,  who denounces
 it as irregular and absurd.
   Recorder rules the  correctness of such previ-
 ous questions, and is  interrupted by Mr. Brady,
 saying, we object  to any questions  where s+te
 went, who accosted her, or  what was-done, un-
 less our client, the defendant was present.
   Recorder.—(With a  smile, but  with some
 warmth.) Do you object in evidence that skeoame
 out of the door at all ?  Ten thousand little diffi-
 culties are thrown in the way of her  detail, and
 I cannot admit of such wasting the time of the
 Court.
   Brady.—f object to qnestions as to anything
 where we were.not present.
   McKeon.T—I propose to sustain every link; in
 this chain of testimony  by corroborative proof.
 / can't go to the jury idoim upon this woman.  I
 must show what she did after she left this house
 where she.was, .and with. whom.   Reads from a'
 well bound auarto, the  course folio wed in Cos-
 teilo's case.
  Graham,.—Wnat book is  that  Mr. Me&eoa?
 Looking very inquisitively at the volume.
  McKcom—:The » Police Gazette:," to ba sure
 and Iiquote its authority.                   '
  Graham.—"I objeot  to. that  journal as evi-
 deace  because it is,not a, law  book ;" andisays
 Mr. Brady, "you have previously objectedjco ft.
 ■Mr. McKfnn, when introduced by myself.
  Mr,. McKeon^'lgo onAhvu  and quote from
 memorv."
  Mr.PhMpsL—Who accompanied you home
 and where did you go  to, Maria ?  A. the officer
 accompanied me to my sister's, in BteeokeMt.,
 Mrs, Dexter's.  Q. How long did you remainat
your stater&:   A.  About a week.   Q. During
thati time did yon consult anv medical man, an!
!f so, whom?                           ' 
7
   Question objected to by defence.
   Q. WhOTe'dia the doctor live, and vho was he
 *hom you saw?  4. Doctor Coles in Carmine
 street.
   Philip*.—Now state  what  happened after-
 wards ?
   Mana Bodine.—i went back  to Mr. Cook's,
 at Ramapo; I remained there a week and a
 few days ; I left Mr. Cook*s house at Ramapo,
 by the cars,  and  came down again from Prer-
 niont by the boat.  John McCann accompanied
 me.  He is a boss weaver for Mr.  Cook in  the
 factory; this was on the 17th  of July; I saw
 Mrs. ResteU in  the  afternoon of the  17th of
 July, the first occasion, this time.
   Philips—What conversation had you with
 her? Now declare all, slowly.
   Question objected tor and the form altered.
   Q. Did any one go with you to  Restell's?
 who?  A. Yes; McCann; he went with me to
 within two or three doors from Restell's house,
 and then left me, and I went in.   Q. Well, and
 what occurred next?  A. Madame Restell asked
 me if I had the money; I said I had $30 ; she
 said that was not enough; she must hive $75;
 as her price ;  I said I had not got it; I t old her
 I did not know what to do then; she said that
 I must go and see Mr. McCann ; she told me she
 had seen Mr. McCann that afternoon, and had
 told him that her price was $76, and -no less; I
 went to the boat and met McCann; I told him
 what Madame Restell had said, and be answer-
 ed, "go back to Madame  Restell's and stay ;" I
 returned to Madame Restell's.  Q. What then
 happened after  you  returned?   A. I took a
 room from her;  she went with me up two pair
 of stairs into a back room;  I remained  in that
 room from that day; she turned the key in  the
 door on me, outside ; I remained a week in that
 room; Madame Restell brought me my meals;
 on Sunday the 19th, McCann came and paid  the
 remainder of  the money. Q. How much mo-
 ney ? A. The balance of the money at nine in
 the morning; (Sunday) he gave me the raontey,
 and I gave it to Madame Restell, the whole sum
 of .$75; McCann left immediately after giving
 me the money.  Q. After  he had gone away,
 what happened then?  A. We went up stairs;
 Madame Restell  took the pillows oil' the bed,
 and directed me to lay on the floor, right down;
 I did so ; she said she wanted to make an  ex-
 amination, to see how far I was advanced; I lay
 down as directed, and for five  or  ten minutes
 with her hand, she made an examination ; shein-
 sertcd her hand up my body, in the vagina ; (in
 a whisper, but audible, and repeated by Philips.)
 She hurt me very much, and I made loud groans.
 The reason she was so long, she said was, that
 I was differently  situated from any one else;
 she could not find the right direction; she turn-
 ed her hand round iu my body as if she was
 breaking  something; the operation  continued
 from five to near tea minutes ; I  did not all the
time lay on the floor; I got up then and sat  on
a chair; she told me to take a pill three times a-
day,; she left five or six pills; 1 took them as she
directed Ijnr two days; she left the room, but I
don't  recollect whether she turned  the  key; I
was very much  distressed  indeed; I had my
courses while she was in the room, and I  uoticed
it on her  leaving;  I saw  her again that after-
noon, and told her what had occurred; I said to
 her I saw my courses; Madame ResteU said it
 was nothing; I  should see a little until I went
 throagh the operation; she came to me  in  the
 evening, and brought me a glass of water and a
 light; she said she did not think I should need
 her that night, but if I did I must ring the bell;
 next morning, Monday. I saw Madame  Restell
 about seven o'clock; she asked me  how I was
 getting along; I said not first rate, as I am much
 distressed; I was much  distressed, she said,
 the pills were taking effect; I felt getting worse
 and worse; she continued to visit me occasion-
 ally throngh the day; that evening, Monday
 uight, Madame  Restell slept with me ; I was in
 great agony all  the night; in the morning, Tues-
 day, about  daylight I took  a great  flooding; I
 had been very siok at the stomach and vomited {
 during the flooding she bad me get up out  of bed,
 and she jumped  out; she told me to sit down on
 a stool; an earthen chamber; narrow at the bot-
 tom and broad at top; whilst seated there I suf-
 fered violent pain, and Madame Restell inserted
 her hand in my privates, and said it would make
 it easier for me  ; it gave me more pain; every
 pain I had I heard something fall from my body
 into the stool or chamber;  I told  Madame Res-
 tell of it; she«aid be patient; one more pain and
 I would be through.  Q. Was there any thing
 peculiar in the last pain ?  A.I thought I was at
 stool  straining; I don't recollect exactly how
 long I might  be on the  stool, perhaps  five min-
 utes ; I then got on the bed, as she bid me ; Ma-
 dame Restell again inserted her hand ; she htttt
 me so, I  halloed  out and  gripped hold  of hex
 hand; she told me to have patience,  and I would
 call her mother for it, she did not say any thing
 at that time more particular in  reference to  my
 pain; when I again told her, she said my pains
 were after--paias.  Q. Did you ever  see,  Maria.
 what came  from  you?  A. No, sir, she would
 not let rue see it.  Q. Did you ask her to  let you
 see it ?  A.I did, but she said it was not worth
 while; she would  not; and she put it behind the
 fire place,  saying  she would  remove  it at
 night; Madame Restell attended me during that
 night; I remained at her house till Thursday af-
 ternoon ; I had crackers and  tea, the first day,
 then afterwards some vegetables  and soup ; on
 Thursday afternoon  she came into the room and
 found me crtf irig; she asked me  what was the
 matter; I told  her  I wanted to go home, but 1
 had no money to go with; if I wished to go, she
 said, she would give  me money to pay my pas-
 sage and get some refreshments; she gave me a
 dollar; my passage money was six shillings ; she
 then took me down into the parlor and gave  me
 some wine; she then said she would listen and
 look around  to see if any officers were  about;
 she looked out and said there were not; she said
 if any one arrested or accosted me, I must return
 to her, and I should go in a curriage ; she said I
 must  say nothing to any one about what had
 been done ; if I told, she said we should both be
 liable to the State's ,prison,as I had no right to go
 there, and she had no right to give me medicine,
 or to doit ,- my breasts pained me  very much,
 and milk came from them over my dress ; on tel-
 ling her,  she  said, if they tronbled me much, I
 must wrap them in  red flannel, and rub them
 with camphor; she said, I was to draw them out
with a smoking pipe j I left Madame Restell's
about three or four in the afternoon; she shook 
6
 hands with  me on parting, gave me a kiss, and
 told me I must never do so again ; I then left.—
 Q. Before  going to Madame Restell's had you
 any sensation peculiar about your stomach ?—
 A. Before and about the 17th of July, I had dif-
 ent sensations from what I ever felt before ; my
 breasts were swelled, and my bowels, and I  felt
 something flutter in my womb.  Q. What was
 the condition of your  health after leaving New
 York and returning to Ramapo ? A.  I walked
 to the boat; it started a short distance from her
 house ; I was in very, very great agony, all the
 while a flooding ; the flooding continued for five
 weeks; after I got home  my health was  very
 bad; lumps of something like flesh or liver came
 from me as large as a hen's egg, and  larger; I
 left Mr. Cook's, at Ramapo, and  went to my sis-
 ter's, Mrs.  Youngblood, at  Walden, in Orange
 County ; this was about the 1st  of September ;
 the discharge continued to come from me whilst
 staying at my sister's, and. from the same cause;
 I was confined to my bed for four months at my
 sister's ; I was under Dr. Evans'  care at Walden
 for the same cause; was flooding when he came to
 see me, the third day after my arrival at my sis-
 tePs ;  other physicians visited me also ; Dr. E.
 brought with him Dr. Martell ; and also Dr. Go-
 verneur, Dr.  Lewis Moore, and Dr. Thos.Moore,
 and  Dr.  Samuel Smith, visited and  attended
 me ; Dr. E. attended me three months; the oth-
 ers about two months ; Dr. Smith  attended me
 from last April to last August; my sister's name
 is Maria YoHngblood; her husband died about a
 month ago ;  I was constantly under the  care of
 a physician  from the time I left New-York for
 Ramapo to  Angv.v, 1847.  Q. Maria, what is
 the present condition of your health?  A. My
 health is still feeble; I have constant distress in
 my head; pains; falling of the womb : weakness
 in my back  ; burning in my hands; weakness
 and trembling all over me.
  The Court adjourned a little after three, with-
 out concluding the direct examination.  The wit-
 ness, pale and agitated, was assisted by an offi-
 cer from the stand,and left it with feeble and fal-
 tering steps, evidently laboring under severe pain
 about the spine and loins.

                Fifth Day.
  At the opening of the Court the witness was
again called  to the stand.
  Philips.—Maria, did you communicate  to any
 person, and if so, to whom, the fact of your hav-
 ing been to Madame ResteU ? and  the purpose
 for which you went, and when ?
  Brady.—That will take some  time to answer,
and I would  like  to  know the object of  the in-
 quiry ?
  Phillips.—The purpose is, to show that short-
 ly afterwards, she did so communicate her move-
 ments ; and we do  this with a view to prevent-
 ing you from impeaching her story, or evidence,
in fact, ia order to corroborate her.
  Brady.— We object as inadmissible and irrel.
evant.
  O. Hoffman.—This is merely a foundation for
other testimony.
  Recorder.—The Court decides that she may
say that immediately afterwards, she made some
 communications to others.
  Graham and Brady.—Excepted ;—and drew
op a paper for signature by Recorder.
   McKeon.—This  question we put as a sort of
 sequel to the violence perpetrated upon her. I
 will read the authority.
   Q. Maria, when did your courses stop ?  A.—•
 A year ago last April, that is, in 1846.  Q. What
 time in April?  A. The beginning of the month
 of April, in 1846.
   The direct examination  here closed.
  Brady.—The witness must put aside her veil,
 and turn to the jury, so that her answers may be
 heard. My cross-examination will be long and
 severe, and if  at  any time she be exhausted, I
 will pay every attention to her state, much as I
 have been used to these faintings.
  Q. Maria, I want to know the exact time you
 went to reside with Mr. Cooke?  A. Two years
 in July.  Q. What business did Mr. Cook carry
 on ?  A. He was a farmer, and  engaged in no
 other business.  I had known him before about
 a year.  He came for me to go  into his employ
 ment  at  Mrs. Youngblood's.  I was then in no
 employment, and had not been for a week,  but
 before  that was doing general heuse work, in
 Shawangunk.  While I resided with Mr. Cook,
 there was M'Lean (Geo.) resided in the house as
boy ; and there was his mother and his son about
 10 years old, and his daughter Maria about 9.—
 I had had no conversation with Mr. Cook before
 I went to live with him ; and in about a month,
 that is in  August, I had intercourse with him up
to the 1st of May, 1846—but I  think he had  no
intercourse with me in May.  The last time of
intercourse was on April 16tfa, at Ramapo.  Mr.
Cook, with his family, had removed to Ramapo.
 He was still farming up to then. At Ramapo
he was an agent in Mr. Pearson's cotton factory.
I continued living with him up to  July, engaged
all the time as housekeeper.  Q. Was  this in-
tercourse frequent and how frequent ?  A. About
once a  week all the  time.  Q. Before the time
you had  removed to  R. had you missed your
 courses?   A. No sir, I had had them regularly.
 Q. What had been the state of your health up to
 this time.   A. I had had middling good  health.
 I mean to say I was in good health aU the time.
 Q. Had any physician attended you during that
 time ?  A.  Not that I can remember, from July,
 1845, to April, 1846; there was none.  Q. If I  un-
derstand you, you had no illness during this time
 that made  it necessary to have a physician ?—
A. Nothing more than heavy  colds.  Q. You
had no illness except  colds, for which you doc-
tored yourself, and had no physician?  A. I had
none.   Q  When had you  your courses the last
time?  A. About the beginning of April, or  the
 12th or 13th. Q. Can you fix that date with cer-
tainty ?  I  have a general  recollection,  no me-
 morandum.  I missed my courses about 13th of
 May.   This had never in my life, from any
 cause whatever, occured before.   I had of course
never taken any  medicine,  nor employed any
 means  to  restore  my courses.  Q. Had you
never before supposed yourself, or said you did,
to be pregnant ?  A.  Never. Q. Never gone  be-
before  a  Justice of  Peace to make complaint
 against a man that  you were  pregnant  by
 him?   A.  Never,  Does not know or recollect a
 man by the name of Wm. Broadhead, nor Horace
 Armstrong.  Does  not know a  physician  nor
 a lawyer  of the name of  Monell?  A. No  sir.
 Q. Did you ever pretend to any one of these peo 
9
pic, before 19411, that yon wer« pregnant?  A.
No sir,  I did not.  Q. It never had in fact oc-
curred, and you never suspected it before 1846?
A. No sir.  Q.  Had you ever had  intercourse
with any other person before you had with Mr.
Cook?
  McKeon.—This is one of the questions which
the witness may or may not answer.  But, I ad-
vise her to answer.
  The  question  repeated.   The  witness  de-
clines to answer.
  Brady.—This woman had for years, constant-
ly and habitually, indulged in habits of prostitu-
tion, and she shall answer.
  Recorder.—The Court is bound to protect the
witness.
  Brady.—No mawkish sensibility here.  This
woman  is guilty.   We have no  sympathy for
her, but shall use  her as we think proper.  She
is the felon, the instigator, the prompter.  The
defendant had requested her  to wait her time.—
She would not.  I shall show that the pretence
that  Mr. Cook ever  had intercourse with her is
false and abominable.  She never was pregnant.
She had for years been accustomed to have free
promiscuous intercourse with men. That wit-
ness is guilty as much as the accused, and ought
as much to  be tried.
  McKeon.—I don't pretend  to have a virgin up-
on the stand coming from Restell's house. It is
an impossibility, and we do not pretend  that she
is a woman of immaculate character ;  bu   i
contrary to all law and all decency to criminate
the witness  to the extent attempted.   It is not
true, and I am correctly instructed as to her real
character.  It is not true.
  Graham argued the point.   Her present state
of health, to which the District Attorney allud-
ed yesterday, is caused by a  long course of in-
temperance, a constant career of prostitution, and
is the natural consequence—not of Madame Res-
tell, but of habitual and promiscuous intercourse
as a harlot—not with  Mr. Cook, but with every
man, every  hour, or every five minutes of her
life.
  Here, in the midst of Graham's argument, the
witness  became overpowered by sickness, and
was obliged to be  withdrawn from the stand by
the attending officer.  It was with difficulty she
was prevented from sinking on the floor.
  Graham.—I insist that the Court compel the
witness  to answer this question.
  O. Hoffman, replied.—We say the testimony
is not relevant  The questiou is  not as to  her
character, but whether an abortion was produc
ed by the instrumentality of this woman Res-
teU.
  Recorder.—The Court decide that the witness
may decline to answer this question; you have
no right to compel her, if she refuse or decline,
on the  ground  that it would tend  to disgrace
her.
  Brady.—I suppose the next question I put to
her will be objected also, and so I  will write it.
  Q. During the fall of 45, or winter of 46, had
you any sexual  disease, arising from sexual in-
tercou rse with men ?
  McKeon objected to it absolutely as inadmis-
sable and irrelevant, and that she was not bound
to auswer  such question.
  Brady.—I will alter the form of it. Q. Maria,
had you in 1S45 or 6 the venereal disease
   McKvm.—Tho witness may answer or not,
 u she pleases, as far as I aa concerned.
   Recorder and McKeon both.—We tell her she
 may er may not answer.
   The witness declined,  as in her opinion the
 question tended to degrade her.
   Brady and Graham tendered their written ex-
 ceptions to the Court.
   Brady.—You missed your courses  about the
 13th of May at Ramapo? A. Yes sir. Q. When
 was was it you first became sick and vomited ?
 A.  In May,  I think, about  the middle, about a
 week after the 11th.  Q. Had you  taken any
 medicine whatever in May?  A.  No  sir. Q.
 When was it you first noticed  your breasts be-
 came larger?  A. The  last of Mayor first  ot
 June, as near as I can recollect.  Q.  When did
 you first notice the dark streak upon or around
 your nipples?  A. About the same time. Q.
 What other mark or sign about the first of June
 from which you concluded you were  pregnant ?
 A.  Yes sir.  Q. What was it?  A. My breasts
 were very painful, my  appetite was  entirely
 lost.  Q. Up to the 1st of June you had had no
 return of your courses?   A. No sir, and I had
 not them  in June. Q.  Did  you apply to any
 person to help you to bring  them back?  A. No
 sir.  Q. Before you went to Mad. Restell's house
 did these symptoms go on ?  A. They increased.
 Q.  Was there any new symptoms?  A. I felt a
 fluttering and a stirring before I went to Mad.
 Restell's;  a few weeks before I went the second
 time.  Q.  Was it before your first visit to Mad.
 R.'s?  A.  I  think it was, a few days.  Q. Did
 you feel that more than once ?  A. Yes, several
 times during the day, some days.  It continued
 a few days prior to my first visit.  I  felt  it aU
 the time between my first and  second visit.  I
 took no medicine in the interval; I consulted
 Dr. Coles during that time ; I had no return  of
 my courses; when I went the first time to Mad.
 Restell I told her when I lost my courses, that
 I had had them lost in April;  I don't recoUect
 that I told her every particular ; I believed I was
 in the family way when I went; I was not in a
 certainty  about it, I thought  1 was so, but not
 absolutely certain; I went  to  know  the truth,
 and for no other purpose. Q.  Did you  go  with
 the intention to ask her to do anything for  you?
 A.  I went to have her advice and opinion wheth-
 er I was pregnant, and nothing further.  Q. Af-
 ter you got there, did you then form the inten-
 tion to ask her to do anything for you?  A. No
 sir, I did not ask her to do anything  for me ; I
 did not hint  to her or give  her by any gesture
 to understand that I wanted her; I did not ask
 her to examine me.  Q. What did  you hesitate
 about, or study?   A. I had not  money enough.
 I did not conclude anything about it;  I had a
 dollar  with  me.  When she  spoke about her
 pUls at $5 and $1 I did Hot intend to purchase
 any, and did not, in fact, buy any; I  do not re-
 collect that I in any manner hinted or suggested
 that I wanted an  abortion affected;  I said my
 beau would object to my coming down when I
 was about 6 months gone, and boarding the time
 out.  This is as  near as I  can remember;  I
 came away in the same uncertainty in regard to
 my pregnancy as I went; she asked  me to caU
 again, but 1  did not hear any particular reason;
 I then consulted in a few days Dr. Coles; he ex-
i amined my breasts, nothing  else.  My general 
10
 health at this time was affected by my breasts.
 I returned under  the care of Capt. Trimble to
 Ramapo; I left the  city about 4, and arrived;
 home about sun down.  No other person but Dr
 Coles  examined  me;  I  resumed my work  as
 housekeeper,  I did all except  the  washing; I
 got up at sunrise and retired about 9; I did this
 until my second  visit to Mad. Restell;  up to
 that day no one had  examined me ; I left Ra-
 mapo on Thursday evening to come  to this city,
 and on this occasion Mr. McCan came with me .
 he left me 3 or 4 doors from R.'s;  I dont, know
 the name of the officer who followed me; I have
 not seen him nor  had  any communication, with
 him; he was within a few doors, on the  other
 side  of the way; he  went  all the way  home
 with me to my sister's; he told me that  I,had
 been in a bad murderer's  house, and itjwas his
 orders to see me home, for the  purpose of tak-
 ing my name and residence; he asked me if I
 had purchased any medicine, and I told him I
 had not; I told him I was very unwell, and I
 went to consult her as  a female physician; he
 did not ask me and I did  not tell: him what was
 the matter with me; I did not  intend  at that
 time ever to return to see her; and:I.hayenever
 either seen or. received any message from that
 officer.  There was no arrangement with Mc-
 Cann that. I was to see him again.   He seemed
 as if he was going home. Q. When you  went
in what did you say to Mad. ResteU?  A. She
asked me if I,had  the money; I told her  I had
 $30; she said  that was not  enough, her  price
was $75.  I told her I did not know  what to do.
 She told me to go  and see McCaan, for she had
told him.that she wouldnot doit  for one cent
less than 75; it was about 3o'clock; I had not
up to this time hinted or suggested that I want-
ed anything done.  On my second  visit,  1 felt
 quite cettain that I was pregnant.
  The Conrt here  adjourned, at 3e?ciock, untU
 11 o'clock to-morrow, and^then to hold  evening
Sessions, henceforward at 5, until the case is ter-
minated.
                 Sixth Day,
  Previous to  our commencing  a  report of to-
day's proceedings, we-cannot in fairness emit.to
ofiera well-merited tribute of thanks to the gen-
tlemanly officers  of this Court.  Their polite-
ness and courtesy, to the  representatives of the
Press,  though  strangers, or appearing for the
first  time, deserve and  demand this  at. onr
hands; for were they not thus attentive, the im-
mense pressure of the  dailly increasing crowd,
would frustrate any ordinary attempt to gain a
seat.  The general urbanity of the officers  in
this HaU, especially, makes it imperative on ithe
press to render, this acknowledgment .for the fa-
cilities they have accorded to the organ of public
opinion, during the  trial of this.most  flagrant
and atrocious case.
  The  crowd .of spectators this morning  is im-
mense.  The attendanceof gentlemen of the Bar
from other States, is considerable, including
several members of Congress.
  Maria Bodine was again called as a witness,
  Brady.—I wish to ask you, Maria, if you last
saw any thing,was about the first of April?  A.
Yes, it was.  Q. Did yo return alone from  Mad.
Restell's? A. No,sir.  Q. What did you say
to her on your return?  A. I told her that Mc
Mann would bring her the remainder of the mo-
 ney.  Q. What did she say then ?  A. She made
 no reply, but took me up stairs.  Q. Did she lock
 the door, turn thekey from the outside ?  A. Yea
 sir.  Q, How soon did you next see her?  A,, fn
 about an bpur.  Q. When she  came back did
 she put the key in the  lock and open it ?  A.I
 think she put the key in and unlocked it; I don't
 recollect how  long she remained that  time ; I
 think she locked  the door, and told me if any
 one, came to it, not to let them in, unless it was
 she.  She did not tell me how to let them in if
 tfiey came ; when she next came, she unlocked it
 from the outside.  Q. Did she always  lock and
 unlock the door when she came in or went out,
 from  Thursday  to Sunday?  A, I, believe she
 did, but she only gave me directions, about the
 dooronce,and I had no means  to admit them;
 the servant came, no other person, and at that
 time Madame ResteU was in the room ;  no other
 individual ; I  never left the  room from Thurs-
 day tp Sunday; I; expressed no wish to leave it,
 , I did not want to quit it.  Q. You were not lock-
 ed up after Sunday ?  A. No.  Mr. McCann did
 not come to my room ;  I sa\y him down in the
 parlor ;  Madame ResteU herself came for me,to
 go down, and I believe she unlocked the door;
 no one was presental theinterview between Mc
 Cannapd myself; she sat in the back parlor; we
 were  in  the front; we. did did not speak very
 loud, but I can't  say whether  she heard  us or
 not; after we got through;our conversation, she
 came from the back parlor; there are folding
 doors between the parlors, and one door  was
 open and the other closed,; I think she was in
 the back parlor during that time, and-I  met her
 in,the. hal},as she  came from the back parlor ; I
 started out of. the- parlor before McCann, and
 went up stairs before he left; she made the ex-
 amination of  me  about 9 o'clock on Sunday
 night, just afterMcCann left; she was not lock-
 ed up after he left; the door was on a crack;
 ; there is a middle door in the hall,I believe it,was
 shut, but did  not take particular notice; I met
 her iu the front part of the hall. On Tuesday I
 asked Madame ResteU to let me see. what came
 from me; I merely wanted to see how, it looked;
 she set it behind the fireboard in the room where
 I was; it was between day light and sunrise ; she
 left the room in. about fifteen minutes .  I was in
 bed; she was.absent about, but within.half an
I hour; Lwas alittle easier then ; it was.after. I
 had had  my last  pain on the stool; got out of
! bed, then; she fixed the bed and assisted me in;
 on Thursday afternoon I left  her house for the
 boat, and arrivedat home about ten o'clock ;,the
 walk. w,as, from Greenwich street to the, foot of
 Dunne;  but a short distance ; on Tuesday I re-
 mained  in bed all day, I think; when I arrived
 at Ramapo, I went to bed in a few minutes af-
 ter; I rose next morning to attend to my house-
 hold dutjes,;as usual; I was obliged to; from the
 time we left Ramapo tp Walden I did the same;
 Mr. Cook: went with me at the. starting, but I was
 alone when I reached Walden; on my arriving
 there  I was in a state  of flooding; very week
 and feeble; Dr. Evans was called in and attend-
 ed me ; I think he gave me powders; I. took to
 my bed; he cupped me on the back; he leeched
 me to my bowels ; he put issues in my back.
   Q. He treated you, did he, for a complaint in
 the spine?  A. That was one complaint.  I had
 contracted no  other disease, and there was.no 
11
 cause ©f-skkness but what occurred at Madame
 Restell's.  I had taken no medicine but laudan-
 um  to  ease  my pains.  Q.  Do you know Mrs.
 Catharine Do wkng, of  Walden.  A. I know her.
 She called to see me  whilst I was sick.   I did
 not' teU her what was the matter.   I don't know
 for certain, I might say the  physician had said
 so.   I did not tell- her  that I had been out of, or
 lost my courses at Ramapo.  I did not tell her
 I had lost them, aud gone to New York to an
 old lady who had relieved me.  No sir, I did not.
 I remember distinctly  I did net say so, nor any
 thiog like it.  I never told her I had beeu in the
 family way.  Q. Do you  know Mrs.  Tiers, at
 Walden?   A. I do.  I have known  her 3 or 4
 years.  She visited me.  I did  not tell her that
 I had been to Mr. Cook's, that I liked the place
 and had been well treated.  I told hei nothing
 about that,  oar the other  questions  you have
 asked me.  I know  Mrs. Tiers' daughter.  It
 never was the case, that I wished to  associate
 with tier, nor  say, that if she did not leave off
 talking about  me, Sam Smith  would clear up
 my  character.   Never.  I know  Mrs Hanch by
 sight. Never talked  with her more than pass
 the time of day.  She was in the house of my
 sister, but not  in my room,  nor at my bed side.
 She never dressed the issues in my buck. She
 never askedme, and I never  told her, any thiny
 about my having been in the family way.  I
 never threatened to prosociue her for defaming
 me.  Q. Did your sister,  Mrs. Youngblood, un-
 dertake to cleaBup your character? No. sir.   I
 never said in any way that I wanted any body
 to clear up  my character.  Dr. Evans attended
 me 3 months.
  The witness here fainted through absolute ex-
 hastion. She was led, or supported out of couit.
 She  fell through  physical inability to sustain
 herself against  so stringent and  searching
 cross-examination for the purpose of shaking her
 testanon.
  In a little over half an hour, the witness, Ma.
 ria Bodine, was returned to the stand, but still
 deadly pale, and her lip quivering with emotion.
  Q.  Maria,  answer the question 1 put, before
 you  withdrew from the  Court?   A. Dr. Evans
 left of his own accord.  I had not sent for either
 of the Millspaws before he left.  They  came
 about the second day,   My situation was worse,
 if any thing, when Dr. Thomas Millspaw came-
 The issues were still in  my back. He neither
 cupped nor leeched me.  He gave me powders
 and drops, to make me  rest and ease my pain.—
 I do not know that he said any thiog about dis-
 ease  in the  spine. He  said I had been  in the
 family way, and had had a miscarriage ; and no
 oth'T complaint existed, or was ever mentioned.
 He treated mf for nothing else.  About 2 months
 after  Gouverneur Millspaw came and attended
 me.   I was  still suffering from the same syrn-
 tomsfor which Thomas  had attended me, "and
had  remained so for two months.  He gave me
drops, but I cannot recollect aU the medicine.—
 I did uot tell either of  the Millspaw's that Dr.
 Evans had not understood my complaint.  I had
not been out of the house for 5 months  at  all.—
All that sickness was  the retvlt of the miscar-
riage as I know and firmly bti.ave.
  Brady.—I  wish  now to put  two questions,
which the witness  may ansn-cr or not, as the
Court directs.  They are pointed aud distinct.
   Q,. Had you sexual intercourse with anyrpef*
 son but Cooke between July 1846, aud April
 1846? namely H months.
   MeKeon.—Objects.
   Graham dilates at some length, when the
   Recorder.—Mr.  Graham, this  is oaly doing
 a second  time  what the Court has  already
 overruled.  There is no  new matter, it is only a
 repetition.  We have before decided the ques-
 tion, and this is identical with the other.
   McKeon.—The bill of exceptions is only being
 prepared by the counsel for defence; in  antiet.
 pation of a conviction.
   Grahami— That is a  most  unprofessional
 statement.
   Recorder.—The matter is presented in no new
 shape at all, and I do not see why our time should
 be thus wasted.
   Brady.—Maria, about what time this  spring
 were you  sufficiently restored to go out of the
 house.
   A. About the 1st of April.   I was somewhat
 better.   Dr. Samuel Smith then attended me.—
 He  prescribed a drink, and  a kind of nourish-
 merit.   He did not cup or leech me.  My symp-
 toms were a good deal  the same, as when Dr.
 Evans attended me.  I continued until August at
 my sister?s.  Dr. S. saw me three or four limes
 a week.  In August I came to the city.   I came
 about the  middle of August.   Br. Smith came
 with me, and I went to reside at his sister's, Mrs.
 Haughton, corner of Varick and Vandam sts.—
 Dr. Smith  left next day.  He went with me to
 no other place but his sister's whilst in  the city.
 I next saw him about 3 o'clock.  I then went to
 Mr. Neven's, in Gold street.  I remained there
 nearly four weeks.  I did not see him nor receive
 any letter from him.  I was boarding there.
   Q. Who paid for your  board?   A.  I donl't
 know, except it was the public; 1 saw  no law-
 yer, neither went to see one and none called on
 me; Dr. McDonnell took me  there; I became
 acquainted with him at Mrs. Haughton's; I went
 with her nowhere; before I  saw Dr.  McDon-
 nell, I saw no  public officer, or magistrate, or
 policeman; Mr. Bowyer was  the first officer I
 saw; I  saw him at Mrs. Haughton's;  he took
 me before the Grand  Jury ; I was sworn there;
 I had made no statement in writing, and to my
 knowledge  none had been made of my case ; I
 don't know any of the persons of the G.  Jury;
 The District Attorney I  did  not see  there.—
 When I left the  Grand Jury, Mr. Bowyer  took
 charsre of me.   I had no intercourse with  any
 lawyer, and no lawyer had charge of my case in
 this city.  T)r. Samuel Smith called only twice
 .whilst I was at Neven's.   Since I was before the
 Grand Jury, no statement of my case has been
 made in writing to my knowledge1.  Mr. Bowyer
 wrote down something, and I  signed it before I
 went before the Grand Jury.  I did not swear to
 it.  I don't know where it is, but I saw it when
 I was before the  Grand Jury.  I suppose they
 have it.
  Brad?/.—Mr.  McKeon, I should  like to  see
 that paper.  We ask to seeit.
  McKeon.—You cannot see it, I refuse to give
 it in this sta^e of the proceedings.
  Brady.—Fairness requires you to produce it^
justice requires we-should have it.  This is un-
 precedented, to  refuse to produce an unsworn
 document prepared by a police officer.  During 
12
 Ihe  argument, the witness was permitted to
 withdraw.
  Mr. O. Hoffman addressed the Court to  the
 effect that the defence were not  entitled to  the
 paper, neither as a matter of law, nor on a prin-
 ciple of fairness or courtesy.  The paper is only
 a memorandum, and has no legal vitality,  and
 they are not entitled to it ex debito justitia,  and
 if we permit it, through our desire of having the
 whole truth elicited, to be read at all, it shall be
 read through from beginning to end, without re-
 mark or comment, before the jury and  in pres-
 ence of the witness who signed it.
  Mr. Graham replied, but
  The Court decided that the Public Prosecutor
 had no right to yield up the paper, as it is in his
 possession officially, and he cannot be compelled
 to produce it.
  The Court adjourned to half past five.

       Sixth Day.—Evening Session.
  A. L.Jordan, Esq., one of the counsel of Restell,
 for the first time during  this trial, appeared in
 Court.
  Brady.—Maria, when do you say was the  last
 time you had intercourse with Cook?  A. About
 the middle of May.   Q. What was the first time
 you ever saw  the milk you spoke about?  A. I
 think it  was  the morning I left  Madame Res-
 tell's to go to Ramapo, the  last time.  Q.  Did
 you ever know any other Samuel Smith except the
 Doctor.   A. No, sir.   Q.  You spoke  of  some-
 thing that came from you  that resembled liver
 or flesh—when was that?   A. At Ramapo  and
 Walden.  Q. How  many questions were  asked
 you befoTe the Grand Jury.  A.  There were as
 many as  three, but not a dozen.  They  asked
 me if that paper contained a true story  of what
 had happened. The paper was  read to me by
 the  District Attorney, but  I don't recollect when
 exactly, but  it was  after  I went  before  the
 Grand Jury.   It had not been read to me before
 I went.  I think it was not read to m?  in  the
 Grand Jury room.  I was there, not over  five
minutes.  I signed the paper when Mr. Bowyer
took it down,  and I did not read it, and I signed
it without reading.  Q. Besides Mr. Bowyer  and
 Dr. Smith, what other persons visited you ?  A.
 Dr.  Bedford and Dr. Coles, but not the Mayor.
 I saw the Mayor at  the  Chief's office.  I  did
not  take an oath before him.   I took no oath
except the one in the Giand Jury room.  I  had
 heard from Dr.  Smith that Mr. Bowyer was
 coming to see  me on this case, in  the country.—
 He came to see me.
  Graham.—This paper was verified on oath by
 her before the Grand Jury, where she was for
 Eve  minutes ; and  she was asked under oath
 whether it contained her true  statement.  We
 now insist on  its production.
  McKeon.—I will not give you the paper.  Th»
 Srand Jury asked  three  questions, namely •--
 Were you pregnaut and quick with child ?  Was
 ihe  child destroyed in you ?  Who destroyed it,
 or produced abortion ?  The Grand Jury found
 a bill. They did  their duty, and  I  will  do
mine.
  Recorder, to counsel for defence.—Gentlemen,
you  seek to  compel the  District Attorney to
disclose that which he cannot  disclose  as coun-
sel to the Grand Jury.  V> e  presume they found
that indictment  correctly, and he is  bound to
 keep their secrets as counsel of the  Grand Jury;
 room.  The motion for the paper it overruled.
   Graham presented exceptions.
   Brady.—Maria, had you  any ulcers in your
 throat in  September, 1846?  A. No, sir.  Q.—
 Were you at any time  between September, '46,
 and April, 1847, when you were iU, affected with
 the venereal disease !   A. No, sir.
   Reexamined by McKeon.—Madame ResteU
 herself came to the door ; she said she was the
 person wanted ; I described my symptoms.  Q.
 In the first interview was any  thing said  about
 an abortion?   Quastion waived.  Q.Maria, was
 your  last  intercourse  or connexion  with Mr.
 Cook in April or May?  A. In May, but I can-
 not fix the day; the  discharges which  came
 from  me after the  operation, were very offen-
 sive; I was generally unwell for  three  days,
 sometimes alittle more; I had cold chills on
 me ; right in the heat of August I had to sit by
 the fire for hours, I was so weak and cold.  Q~
 had you ever  a disease called  the whites ?   A.
 Yes, for several years.  Q. Had you ever a dis-
 ease termed erysipelas?   A. I had.  Q. Where
 was this statement, written by Bowyer, made by
 you ?  A. At my sister's, at Walden, and signed
 atNevens'iuNew-York, in the month of August.
 That's all, Maria.
   Dr. Cole called.—No answer.
   Dr. Saml. C. Smith, called—I am a practising
 physician, resided  in  Montgomery, county of
 Orange, for several  years; I  know Maria Bo-
 dine,  since April 12, 1847; I was overseer of the
 poor and  one  of the physicians ; I first became
 acquainted with her from information I had as
 overseer of poor; I called at  Youngblood's  to
 grant temporary relief as an overseer; she was
 enabled to be removed to the Alms-house on the
 8th of May ; she requirad medical aid ;  she was
 in  a  very delicate situation,  constipation  of
 bowels, pain in the head, inability to move, and
 a very feeble pulse; complained  of difficulty
 about the womb : ou the 5th of June I made an
 examination into the  private parte  with my
 hand ; the neck of the womb was distended, by
 some foreign substance, and  a  slight prolapsus ;
 the mouth  of the womb was indurated, and was
 pained on the touch of the  finger;  there was a
 discharge  or  unusual  secretion ; as a  medical
 man I considered the  cause of her illness, (rom
 my examination, to be either that she must have
 had a delivery of a  child badly managed, or
 must  have had an abortion produced upon her,
 or by some mechanical injury by an instrument,
 or by violence of the hand.
   Q.  In consequence  of  your  examination and
 the communication confidentially made by your
 patient,  Maria  Bodine,  and the  opinion you
' formed, what  steps did you take ?
   Counsel for  defence objected.
   Hoffman.—I am going to show that the pro-
 ceeding? commenced with this gentleman, who
 communicated to the  Mayor of New-York, aud
 that the girl herself did  not originate this case
 for trial.  They proceeded from this physician
 to the authorities; and the last witness,"Maria
 Bodine, did not institute this inquiry.
   Hoffman.—Doctor, I now put the question as
 amended, and  we do this to  rebut the charge
 made  by the defence, that this was a case of
 perjury or conspiracy, brought after a consider
 able  lapse of time for corrupt motives.   Now 
13
Dr. Smith, answer my question?   A. Oo the 2d
of August, I wrote to the Mayor of this city, in
reference to the matter; on the 6th of August,
Mr. Bowyer, a police officer from this city, called
upon me at my house at Montgomery, I accom-
panied him to Youngblood's, where Maria was ;
he left the house  next  morning;  Maria Bodine
came down with myself to N. York on the 12th;
Mr. Bowyer brought me a letter from the May-
or of  New-York ; I left her at  my sister's, Mrs.
Houghton, in Varick street; my sister is mar-
ried to a butcher.  Q. Independent of your per-
sonal  examination, did the patient make any re-
presentation to you, as physician, of the charac-
ter, nature, symptoms, or effects of the malady
under which she was laboring.  And if so, what?
A.  She did.  Q.  What were those  representa-
tions?
  Brady objected, and was  stopped by the  Re-
corder, who requested that he might "hear what
the other side had got to say."
  Hoffman replied, and quoted Greenleaf pow-
erfally to his purpose,  but the  question was not
pressed, and the Court  adjourned at 9 o'clock.
                Seventh  Day.
  Dr. Samuel C. Smith, called to the stand.
  McKeon—As a medical man,  can you  give
me the  symptoms  of  an abortion being  pro-
duced?   A. Pain in  the head,  burning in palms
of the hands, chills, pain in the back, discharge
from the womb, generally called  flooding.   Q.
Can you give to this jury any description of the
kind of discharge?
  Hoffman.—What  would be  the character of
flooding which follows  abortion by violence.
  By a Juror.—How long would this dischaige
in ordinary circumstances continue?   A. It may
continue two or three weeks.
  Hoffman.—Supposing an abortion to have been
occasioned by violence, and the female neglects
herself, or goes about her usual duties, how long
would it last?  A. A few weeks, but it would
depend entirely upon her constitution.  I can-
not speak with certainty.
  Cross-examined.—My age  is 30 ; I  have been
a practising physician  since May, 1839; I  am
now in business, and have a  moderate practice ;
I have practiced in other places.   Q. When  did
you first  in your life know Maria Bodine?  A.
From a small girl, I knew her family ; I  was
acquainted with  her by times.    Ci. Do  you
know Mr. Cooke? A. I may have spoken to him,
but not frequently ;  I had attended  her in  the
summer of 1S44, for a derangement of liver,  and
constipation of bowels, it was  removed in  3 or
4 days.  There was nothing else that I know of
except as I judged from her  representation and
her symptoms called the whites; I judged from
external symptoms.  Q. What external  symp-
toms  led  you to suppose she  had the whites?
A.  General debility, pain iu  back, leaden hues
under the eye-lids; nothing  else.   Q.. Did you
trace the affection of the liver to the existence
of whites?  A.  She alleged this to be the cause.
From her representation I did not examine  the
discharge; I never  treated  her for any com-
plaint, nor for obstruction of menses.  Q. Could
these external  symptoms  you speak of, arise
from  obstruetion ol menses ?  A. They might
sir.  Q. Could you  tell from  the presence  ot
these  symptoms what was the  cause of them.
unless she told you, and could you. irrespective
                           \
of her telliDg you, form an opinion.  A. She
had a broken down constitution from some cause
or other.   Q.. Could not a great many causes of
a different character produce these symptoms ;
might it not be any one of twenty causes ?  A. I
think it could not be distinctly told.  Q.. The first
time you examined her was the 5th of June, did
you ever make any other examination?  A. Yes,
yesterday morning. No one but ourselves were
present; it occupied about 5 minutes ; I inserted
my first finger and felt the neck of the uterus or
womb hardened.  Q,. Was the hardening a dis-
ease?  A. It is natural for the uterus to be hard,
but this was indurated ; it was excited.  Q.. Was
the excitement produced by your finger. A. Not
solely.  There might  be  discharge, but I  did
not see it;  I did not make any ocular examina-
tion.  Q.. Do you mean to state to this jury that
the neck was  in a morbid or natural condition?
Have you  any certainty about  your opinion1
A. I am not prepared to answer.  Q.. Is this in
duration to be ascribed to one single cause or a
great variety  of causes.  A. There are many
causes to which such injury may be ascribed:.
d.  Was the neck of the  uterus unnaturally dis-
tended ?  A. I thought so.  Q.. D»es it exist in
all cases of falling of the womb?  A. I think
not, always, or commonly.   Q..  Does this dis-
tention usually and in  a  majority of cases  ac-
company falling of womb.  A. It does; the fal-
ling of womb may arise from a great variety of
causes, and is a very common  disease among
married females.  Q..  I mean a woman who has
frequent intercourse with men?  A. It isnot usu-
ally so with a virgin.   Q.. The foreign substance
you found  there, what was it   I made up  my
mind it was retained menses.  Q.. Was the pro-
lapsus  slight?  It was.  Q.. To  how many dif-
ferent causes  may all these conjoined effects be
ascribed?   A. They may be done by violence.
  Brady.—That is no answer to my question
A. Either or any one of many causes may have
produced this result.   Q. What part of your ex-
amination  then necessarily led you to ascribe
the cause?  A. The tendernes  of that organ
the uterus, led me to  ascribe it  to  that cause
There was great pain on the touch.  Q.. Can
the parts adjoining the uterus be  touched by the
finger without giving pain?  A. They may.   Q
Supposing the uterus  to be diseased from any
cause,  would  not  touching the paVt  produce
pain, as the obstruction of courses.  A. It would
be painful  from obstruction of courses.  Q.. Hor
can you tell whether this pain was the result o
violence, or from the mere suppression  of men
ses.  A. There are various  causes which may
produce it, but her narrative to me directed  my
mind to this as the cause.  Without  her  state-
ment, I should not at once have judged of this ;
my mere  examination would not enable me to
ascribe it to these  causes.  Without her declar-
ation. I could not so clearly have done it at that
distance of time.   Q.. Would  suppression of
menses, of itself,  produce  falling  of womb ;
would it be a  sufficient cause for  such an effect?
A.  I  think not, it may be, but I never had a
case.  Q..  After the expiration of 6 months af-
ter an abortion, could any medical  man  deter-
mine absolutely the fact? A. I could not,  and
I  am not aware any one could.
  By Recorder.—I   have  not had much experi-
ence in abortion. In midwifery I have. 
14
   By Brady.—I have attended women—married
 women—after an abortion
   Q. Are there not many other causes besides
 miscarriage to which  all these symptoms col-
 lectively may be  ascribed?  A. I think not.—
 Q. In a case of miscarriage does floodingalways
 occur!   A.  Always.   Q. Can that stop and
 again recur?   A.  Ifthe  patient does not keep a
 horizontal position it wiUcoutinue.  Q. If she
 takes no.means to stop it, keeps walking about,
 how long  would  that flooding continue?   A. It
 might last two, four, or six weeks.  Q. Would
 six weeks be  the  extreme limits.  A. I  never
 knew a case where itcontinued more than three
 days from miscarriage.  Q. If not stopped, how
 long would patient live under such flooding.  A.
 Cannot say.  Q. Is there  any sign or symptom
 by which any physician, before  the foetus has
 life or the woman quicken, can, with certainty,
 determine?   A. There  are. certain  symptoms
 from which we infer, but, there is no certainty
 but  quickening.   Q. Can not all  these  symp-
 toms result from suppression of menses ?  A.—
 There are such cases on record.  Q. What do
 you mean by quickening.  A. The  motion of
 child or foetus in uterus.  This flutter cannot
 be felt from a mere change in uterus.   Q.. What
 cause does the fluttering spring  from?  A. I
 think there  is no cause to be assigned.  Q.. At
 what period does  quickening occur ?  A. Some-
 times 12 weeks,up to 6 months.  Cl. What author
 says 12 weeks?  A. I dont know, if I did I would
 inform you.   Q,. At what period  could you, by
 stethoscope, ascertain the quickening?  A. At
 12 weeks the pulsation can be detected by aus-
 cultation.  The fluttering may be  mistaken for
 wind or flatulence, and it is very unreliable or
 unsafe as  a symptom and a woman may be mis-
 taken.  0,. Had you  ever a case  where a wo-
 man supposed herself in labor and  was not preg-
 nant?  A. No, sir.  d. If a woman first misses
 her courses on May 13, could  she  have become
 quick with child on July 17.  A.  From missing
 the courses she could not be certain; but my
 opinion is she could be quick.  Blisters, cup-
 ping, and other counter-irritants, are  applied, in
 cases of disease of spine ; but for what I knew
 to be an abortion, 1 should not use myself such
 means. I continued to attend  Maria up to the
 10th or 11th of August.   I saw Mr. Bowyer on-
 ly once, and no other public  officer  from New
 York. On September 31st I saw Maria, and I
 saw her twice or three times, and examined her
 yesterday.  Q.. At whose request  and who was
 present?  A. Dr. Covell, and  it was at Mr. Ne-
 vens,.aud  in  the prison in the morning, before
 the  Court opened.  Q.. Have you said to any
 one what  purpose you had in view.  A. No.  I
 know Geo. Millspaw.  I think.I did not tell[him
 I  said I would make a good thing  of this prose-
 cution before I got through.  I might have done
 so.  I wrote  to Mr. Cook, saying it might be
 settled.
   McKeon-—Doctor, ha.ve  you, and if you have
 produce the letters you  wrote to,  and  received
,from the Mayor  of  New-York?  A.  I have
 them, here they are, [hands them the letter from
 himself,ithe Mayor's, the Chief's, and Mr. Bow-
 yer's.]
   Q. Does not the  concurrence  of all  these
 symptoms in the same  female,  prove almost
 with certainty, that an abortion has been,pre-
 duced?
  Before this question was an swered, another
 was asked.
  Q. If a woman have her courses on the loth
 of April, could she be quick with child on the
 19th of July ?  A.I think she could ; I am not
 connected or related to  any party in this case,
 and expect no compensation, reward, or remu-
 neration, and have no interest iu this case except
 as a citizen.
  By Brady—I remember talking with George
 Millspaw. ~Q. What month did you write to Mr.
 Cook ?  A. In April or May ; before I had made
 any examination ; I consulted no lawyer but the
 District Attorney ; I never paid any fee to any
lawyer.
  Dr. George  Coles,  called—Lam a practising
physician of this city, and reside at 55 Carmine
street; I have resided in that street seven years;
I have seen Maria Bodine ;  she called on m-s on
the 29tb of June, 1846 ; I made an examination;
I found th»> 'isual symptoms «»f pregnancy ;  as a
medical man I formed a conclusion that she was
pregnant.
  Cross-examined'by Mr. Brady.— I had never
seen her before, nor saw her till about six weeks
ago.  Q.  What examination did you make for
her ? A. I made no internal examination,but from
other symptoms, and my questions and her an-
swers, formed my opinion; it was the areola, the
darkness which takes place after pregnancy ; I
saw no other  sign  than this, and made no other
examination; 1 formed my opinion without, and
irrespective of any particular information.   Q. I
this areola caused  by any  thing else than preg-
nancy ?  A. It is not; I would not hazard the
opinion ; I have never known the discoloration
under any other circumstances; It is not confin-
ed to the'first child; I never saw the areola re-
sult from any other cause than pregnancy; I
think it cannot arise from mere  suppression of
menses; there was  no one with her when she
 came to visit me: I have been in practice nineteen
 years ; all medical opinions are made up  from
the testimony of the patient, and the symptoms
she presents, or as you find: from all the lights I
had upon the case, 1 formed distinctly the opin-
ion I  have given; it is a fact known to all med-
ical men, that a woman may menstruate aftes
pregnancy.
  Philip 'Stoats, police officer, called.
  McKeon.—This officer was placed on guard
to watch all who went in or out of Restell's
house. A system of espionage was carried on
 by the public authorities for the purpose  of
 gaining positive evidence against the prisoner.
  Mr. Brady objected to the witness, as his tes-
 timony is perfectly irrelevant and immaterial.
  A. I was policeman at that time on duty; I saw
 this girl come from  Madame Restell's on the
 7th of June ;  I followed her to 216 Bleecker-st.,
 to Mrs. Dexter's, who she said was her sister."
  The Court here  adjourned to 5 o'clock, P. M.
              Evening Session.
  Dr. Edwin Evans, called—I'm a doctor in  Wal-
 den, Montgomery county ; a year last March I
 went there ; I know Miss Bodine ; attended het
 in September, 1846 ; I found her at Beriah Blood-
 good's.
  McKeon.—State all you know of this girl.
  A.  Being sent for, I found her flowing as it is 
15
commonly termed, with pain in back and  bow-
els, and after some conversation, I asked to  ex.
amine her breasts; I did so; the breasts  were
enlarged, distended with mUk; the covering of
her breasts wa6 wet; apparently from the oozing
from the nipple; the nipple was prominent and
drawn out, with a dark areola about it; the pains
in her back were intermittent; this was  the sub-
stanee of what I first observed;  after the flood-
ing was suppressed,  there   was  considerable
trouble remaining, and I requested to make an
examination  of the private  parts with my fin-
ger ; this I did;  found  the  parts quite  tender,
and the neck of the womb  considerably  en-
larged and swollen; it was very hard, sensitive,
and tender, and more than the natural heat; the
discharges at that time  were but little ; this was
in the forepart of the month of September;  the
mouth of the womb was open about  the size of
a tthilling; the discharge was feet id and disagree-
able to  the  smell.  Q. How was her mind, at
any time ?   A. she was right in her mind at this
time, but when she had.erysipelas, she  was out
of her mind.  Q, Doetor, during  the period of
her trouble, what do you consider was the cause
of that  ailment ?   A. She must have been de-
livered of something to have produced this com-
bination of symptoms.  Q. What are the symp-
toms?   A. If she had had  a difficult labour,
even a natural one, she  might have sustained
considerable injury from it.  Q, Did she make
statements to you at any time, in the month of
September, as to the cause which produced her
delicate situation ?  A. She  did not tUl after I
told herwhat I believed her  situation was, and
the cause of it. Q. After you told her your opin-
ion, did she then say what the cause of her ill-
ness, and give you a history of her case ?
  The defence- objected.
  McKeon.—I insist upon having this answered
ta a legal question.
  Recorder.—The witness has already said that
she had made a statement to him,  but has not
been asked, or said, what that narrative was.
  A. At that time eh e did not give me a history
other case, but during September she  did.
  McKeon.—WH1 you  give  the statement  she
made to you as to her symptoms and Bufferings
and the cause or causes which produced them ?
  Greehnm.—To that question-w» object.
  Gross-eccamined by Brady,—Dr. Evans, what
is -your  age ?  A. 26. d. How long in practice ?
Ai Since March last.  Q. When did you obtain
a diploma?   A.  In March1; was a student  for 3
or.4 years* in Cayuga Co., in  Geneva, and in this
city;  I  had paid  particular  attention, to mid-
wifery, and made tbata  subjeet for special at-
tention  with the general practice of.medicine;
previous to September, 1846,1 had quite a num-
ber of cases in Walden;  I had had, several ca-
sesof miscarriage before this; they  werenatur-
al  and  accidental; never saw  Maiia  before I
was called as a physician ; at my first interview
there was no third person present; my first visit
I prescribed  a cathartic to  put her  system in a
condition for remedies to suppresshasmorrhage;
the blood was coagulated and faatid; I was in
the room when she removed the cloths from her
person ; menstrual blood doos not coagulate;
ft does  not  come out  in clots and  coagula; it
decomposes  and does not came out in  cakes.—
  Q.  Is there a disease called amenorrhea ?—■
A. Yes, sir.  It is sometimes defined a piofaee
menstruation, but is actually a natural menstru-
ation, foUowed by hemorrhage.  Q,. Does the
discharge produced resemble  an ovum ?   A.—
Often it does.  Q. What is the difference in the
blood?  A.  The blood is more foetid.   The
case was not oneof amenorrhea*. - The enlarged
breasts, the  mUk, the areola, aU prove that k
was not a cose of suppressed menses, but  of re-
cent pregnancy.
  A. From the symptoms which I saw I formed
an opinion,  decidedly that she  had been preg-
nant.  A.  No suppression of  the  menses could
possibly produce it.   Having given the calhortic
I gave remedies to control the hemorrhage.  I
had other  trouble  to  manage.  Q. What  treat-
ment did you adopt, or remedies employ ?   A. I
cupped her on the side of her hack, and side of
her hip; 1 leeched her in the private parts; I
put issues  in her back.  The cupping was for in-
flammation in the kidnies, and the  issues were
placed to  counteract spinal  irritation and the
disease  existing in  the  womb.   This was two
or three months after I first began to attend hen
Q. Hod she  the venereal disease in any form or
shape ?  A. No, sir, not while I attended her, I
never heardof it.  Q, Do you know Mrs. Dowl-
ing?  A.  Yes;  but I never told any one  of her
disease till some months after I  had ceased at-
tending her.  While I attended her nobody but
myself knew; but as a ruse, and to divert peo<-
pie's attention, I  said she had a disease in the
spine, to conceal her shame.   I ceased to  attend
her because I  had  a considerable bill against
them,  and they had no meaus  of paying, and
having done my share I thought the town at
Montgomery might do the. rest.   I cannot state
the condition of her womb when I left her.  I
didinot examine it then, but at the last examina*
tion it was leas sensitive, less heated, and some-
what more  healthy, but  for  many reasons she
was weaker.  Dr. Marston and Dr. Hagar were
called in by me.  The intermitting painsgradus
ally left when the hemorrhage had subsided.—
This  was within a  week.    They were after-
pains, consequent upon delivery.  There pains
last as long as hemorrhage continues, and there
is no  exact limit?, as there is often a long estab-
lished oozing.  It might come on for severed
weeks, two months, or more,and would reaur by
any exciting cause.   Q. Ahont  what time did
the erysipelas  oecur ? A. Probably sometime
in October.  It occurs from a feeble and debUi-
tated state of system
   Brady,—-That isaU, sir.
   Dr. Chandler Gilman.—I am  a medical prac-
titioner of 20 years  or more. I am a profes-
sor of astetricsor- midwifery. My studies lead
me particularly to cases of raid wifery.  Q. Does
menstruation ever occur after pregnancy ?  A.—
Yes,  sir.  Q. Is  the fact that a  woman has
courses distinct evidence she  is not pregnant.—
A. Their  are instances of women having their
menses up to confinement.  There axe instances
on record where women have quickened at three
months.  Q. What is most decided evidence of
pregnancy.   A. Placing your ear on the abdo-
men and hearing the beating of the foetal heart.
Areola is  very  strong and almost decisive evi-
dence. If it exist  in the case of an unmarried
female I should feel compelled to give my opin-
ion against her.  Q.  If you  found this  areola 
16
 how far would yon suppose she was gone.  A.—
 As early as 12 weeks.
   Hoffman.—From Dr. Evans'statements, what
 would be  your medical opinion, as he described
 them ?
   A. They would indicate that she either then
 was pregnant or had recently been delivered.—
 That she had been delivered within quite a short
 period. I  should think this  girl had had an
 abortion.   Suppressed  menstruation would not
 account for such symptoms.  The ordinary time
 of quickening is about four or  four and a half
 months.
   Brady.—Doctor, if a woman was 25 years old
 and  in good health, who had  never missed hav-
 ing menstruation, would she be quick with child ?
 A. In the ordinary c,ourse of nature,  she would
 not be; the deep color of the areola in a woman
 who has had children,  always remains; it can-
 not be produced by obstructed menstruation, ac-
 cording to  the  accredited opinion  of  well in-
 formed medical men.   The open state of the
 womb  would continue  for many months.  Q.
 Had this woman been delivered, from the symp-
 toms.  A. There was nothing more than a prob-
 ability that she had been delivered by violence,
 but a certainty that she had borne a child and
 been delivered of a child.  The insertion of the
 hand in the vagina, and certainly the insertion of
 the finger into the mouth of the womb, would pro-
 duce abortion by rupturing the membranes.  Q.
 What are the effects of abortion?   A.  Discharge
 of clots and masses of blood, with very great
 pain in small of back and lower part of belly;
 uterine pain might cause her to vomit; the shock
 to her system might or might not produce rigors
 or chills, and the violence might produce fever
 with the ordinary symptoms;  subsequently con-
 tinued discharges of blood in larger or  smaller
 quantity;  sometimes very considerable;  the
 burning in palms of hands is one symptom of
 irritative fever ;  the opening of the womb to the
 size, say of a shilling, would  indicate that she
 had  been delivered; I have known it continue
6 weeks, and there is no reason why it should
 not continue for 6 months or a year.  Q. Tnde-
 pendent of  all other symptoms, would you or
would you not form a decision and opinion that
 a woman with these symptoms had been preg
nant?  A. I should feel compelled to say she
was  pregnant, even if she were an unmarried
woman.
  'Cross-examined.—Does menstruation ever con-
tinue during pregnancy?  A. Every gentleman
who has practiced medicine knows many instan-
ces.
  Dr. George Wilkes was then called, and stated
that he  was a medical  practitioner in this city.
and concurred entirely with Dr. Gilman in the
views and opinions he had expressed in Court.
  The Court adjourned till Friday morning.
              Eighth Day.
  Dr. Frederick A. Putnam, was called.—Q.
DoctoT, you reside and practice in this city?__
A. I have resided here for some years.  From
your knowledge of Obstetrics, could  a patient
 on whom the operation for abortion was per-
formed on a SuDday, be able to walk on the fol-
lowing Thursday, from Greenwich street to the
foot of Duaue ?  A. Yes, sir, certainly.  That's
 all, Doctor.
  EtknCall, examined.—Q. Where  do you re-
  side, and do you know Maria Bodine ?  A. Ire-
  side at Ramapo, and I  know  her; I was ac-
  quainted with herin July,1846; she was living then
  with Mr. Cook in Ramapo, and I was in the ha-
  bit of seeing her often.  Q.  Did you notice any
  peculiarity about her in July? A.  Yes, she had
 her head tied up, and she had to have her clothes
 open, unhooked, as they had grown very tight.
 Q. When did she leave Ramapo, and how ?  A.
 She left in July, in the cars, in the evening, be-
 tween 5 and 6 o'clock: the cars were coming to
 Piermont for  New-York.  Q. When did  you
 again see her?  A. The next time I  saw her,
 was in  about  a week or ten days  after that.—
 Q. Well, was  there any thing particular about
 her, and how did she look then ?   A. On her re-
 turn, when I saw her again, she looked just like
 a person risen from the grave ; this was in July;
 after the 4th ;  I am certain of it;  Q;. Was any
 one with her, and who?  A. Mr. John McCann
 was with her when she left Ramapo, and stood
 near the cars, along side of her.
   Cross-examined  by Mr. Brady.—Q.  Maria,
 are you married?  A. No, I  am not; my  pa-
 rents reside in Ramapo; I reside with  them; I
 am not twenty-three  years old  yet; I never
 have been married.  When did yon first become
 acquainted with Maria  Bodine ?   A. In April or
 May, I  cannot  gay which, when she first came
 to Ramapo; I was never very intimate with her;
 I was in the habit of seeing her at Mr. Cook's ;
 it was the last day of June, or the  1st of July,
 when she left Ramapo for New-York. Q. When
 was it you next saw her?  A. It was I think on the
 13th of July, when I next saw her.  Q. Was she
 taking any medicine at that time  ?  A. I don't
 know, nor ever heard of her taking any medi-
 cine  at  that time.   It was about a week after
 I saw  her  with her  head "tied up that she
 went by the cars.  Q.  And when was  it  you
 saw her again, when, as  you have said to the
 counsel, she looked  like  one risen from  the
 grave ?  A. It  was about  10 days  after, when
 I saw that change.
  Mr. Brady.—That's all Maria.
  Dr. Gilman's name was called  over again,
 but no answer returned.
  Dr. John C. Covell, examined by Mr. Mc-
Keon.
  A. I am a physician ; I have been in practice
twenty-two years; I am at present the physician
to the City Prison ; I have  had considerable ex-
perience in midwifery; I attend  at least fifty
labours a year, and also see quite a number of
miscarriages besides.   Q. Doctor, can a female
be impregnated—be in the  famUy way, and yet
have her menses?  A.  Yes, sir, she may have
 the discharge  called menses; 6he may menstru-
ate during that period.  Q. Give us  the general
symptoms of pregnancy?
  The witness  gave the general previous detaU
of such, in the course of which he  added "the
breeding-look," well-known amongst ladies, the
peculiar sharpness of features, and  unusual ex-
pression of the eye, with  frequent palpitation,
rotundity of abdomen, general expansion of fig.
 ure, with the very marked  areola, or dark circle
 around the nipple, most distinctly marked.
  Q. After abortion is  produced, doctor, give
 as the general symptoms.
  A.  The first  symptom  during its progress
 would be a chill or rigor: reaction brings on 
17
headache, pains in the back, then "a shew," or
the clothes stained, then the expulsion  of the
foetus, with more or less flooding, according to
the age of the child, and the amount of violence
or force used.  Q.  Describe  the operation, how
it may be effected, as shortly as you can ?  A.—
A female may and has  done it upon herself.—
Whatever instrument is used,  there is first a
gush  of water, or water tinged—colored  with
Wood; contraction  of  uterus takes place in a
lew hours, more or less,  and the  ovum is ex-
pelled, probably  with  considerable  pain, or it
may be according to circumstances, more easy.
AH this  takes  place,  whether  the hand, the
nnger, or a small instrument, have been used.—
After the ovum is expelled periodical pains come
on, there is a numbing sensation of the body
and extremities, blood discharges freely, some-
times pure and liquid, sometimes coagulated, in
masses, and then it looks like liver.  This hse-
morrhage or flooding would  continue till faint-
ing occurs, as the remedy of nature; the woman
would bleed to death if she did not fall and faint:
she may perhaps after the faint, and the stopping
or suppression of the flooding, again for the time,
stand upright or go around her house, for a week,
or a day, or an  hour, and the blood  again  gush
forth until nature again stops it.  I have known
it to continue for six months, often  for three or
six months, off and on, pain and flooding, and then
a short stoppage, and then pain and flooding re-
newed. Q.  Have you  ever seen a case  where
the areola was present,  distinct, and the woman
was not pregnant? A. I cannotsay that I ever have
where the areola was weU marked and distinct.
And I have never seen it absent where pregnan-
cy  existed.
  Cross-examined by Mr. Brady.
  Q. Up to  the period of  quickening, is there
anyone iufallable  sign of pregnancy?   A. Not
any one infallible  single sign but quickening.—
Q. Have you ever heard of detecting pregnancy
by auscultation by the stethoscope, and what is
your opinion  of it ?  A. I do  not  think much
about it.   I may not have an ear fine enough for
it:  few people have. a. What is the  shortest
period at which you have ever known females
quicken ?  A. The usual period is about the 4th
month, but  I have known one  case where the
lady quickened certainly in  three months and
one week; and I have had several, considerable,
where they have felt this decidedly  quickening,
distinctly at three months and a half.  Q. Does
distention of  the abdomen  always  foUow sup-
pressed menses?  A. Not  necessarily nor  al-
ways; sometimes  there is a degree  of  it, but
this detention is slight and peculiar.  Suppressed
menses never produce the same train ot symp-
toms  as pregnancy.  The pregnant female gen-
eraUy looks healthy—the skin clear, the system
in its right  functions ;  but the woman laboring
under difficult menstruation is sallow, discolored,
anxious, spiritless  about her eyes and motions.
Q. If you saw  all  the  symptoms you have de-
tailed, what would you  think of the woman?   A.
If I saw them all combined, as I have stated,
I  should say that the female  was necessarily in
the family-way. It could not  be otherwise.  I
should give my opinion against a woman, any
young lady, if her family said she was a virgin.
I  should know otherwise.  I  have seen feigned
cases of pregnancy, but  was never mistaken in
one.  I never said a woman was positively preg-
nant, when it turned out she was not.  The anx-
iety of women to have children, often misleads
them.  The  motion termed fluttering is some-
times confounded with flatulence in the bowels.
But the motion of the chUd is continuous, some-
times from hour to hour, and for weeks of course,
and the internal sensation is perfectly different,
more  comfortable, than distention from flatul-
ence.  Pains in the back, and some minute symp-
toms, do not  continue so  severe  after quicken-
ing.  Q.  Doctor, how long as a not unusual
thing, does the menstrual  discharge continue af-
ter pregnancy has  been established?   A. It
often, not  unfrequently, continues two or three
terms after pregnancy, from the fact of the sub-
sequent birth.
  Dr. Evans, recaUed.  Examined by Ogden
Hoffman.
  Q. Give me, doctor, a particular description,
and explain  more fuUy, the appearance of the
areola ?
  Several Jurors.—We should  like to hear it.
  Graham.—I object to this course most decid-
edly.  This  witness has  been fuUy examined
and cross-examined by ourselves.
  Recorder.—When the jury do not perhaps ex-
actly understand a subject, or a question, they
are entitled  to ask  for any additional informa-
tion, and they must have it.
  Several Jurors—The majority of us wish for it.
  Q. by 0. H.—Doctor,  answer my question as
I previously   put it.  A. The  appearance round
the nipple, called the areola, is quite dark, deep
brown, a kind of circle, broad about the edge ;
it was distinctly marked in Maria Bodine; the pa-
pillae or  small prominences on the nipple itself
were  very distinct; on drawing the  finger over
them there was  a moisture, a kind of unctuous
feel.  I examined particularly that I might not
criminate  her falsely ; she was  using flannel sat-
urated with  vinegar, applied to the bosom ; the
  Eapillae could be seen with the eye, as  well as
  eing perceptible to the touch ;  this moisture or
secretion, had a slippery unctuous feel; there
were  lumps  in  the  breast,  cakiDg,  from the
milk not  having been well drawn  out, or from
cold.
  Dr. Gunning S. Bedford, called.
  Examined by O. Hoffman, Esq.—Q. You are
I believe,  Doctor, a professor, and well known
in the profession.  You hold in  the University a
similar situation with Dr. Gilman  in the rival
College?   A. I occupy the chair  of Obstetrics,
including the Diseases of  Women and Children,
the same department as is filled by my friend,Dr.
Gillman.   This has  been my particular  study,
and subject of attention.
  Q. Doctor, can a woman menstruate after con-
ception?   A- A woman can be pregnant, and yet
menstruate.   Q. After conception, at what pe-
riod generally does menstruation discontinue, or
rather does a single  menstruation prove at all
she is not  pregnant ?  A.  It does not at aU.  Q.
What is  the ordinay period  when  a  woman
quickens   with  child? A.  In answering that
question, I beg to say that physicians consider
that life is perfect in the earlier months, the ear-
liest, in fact  of pregnancy, and that the  child is
as much alive then, as at any subsequent period.
  Brady—Yes, but  lawyers do not; there is a
distinction between what you regard as life-
natural life, and legal fife. 
18
  Dr. B.—I wish distinctly to be understood, and
to state only facts, and weU received doctrines,
as I know I am reported.  Q. You are right, sir!
I now renew the question.  A. The general rule
is that  women quicken at four, or. four and a
half months; women will sometimes quicken at
three-months, and such is the difference as re-
gards the time, that it is an accepted doctrine
with  the profession, that from  ten to  sixteen
weeks are the two limits, within which quicken-
ing can  or will take place.  Montgomery is the
best writer on this special subject; the old general
rule of four months has  a multitude of excep-
tions, and they are  so numerous as  almost to
swallow up.  Q. Do you know Dr. Evans, and if
so, what importance would you attach to his
©pinion?  A. What is his christian  name!  Dr.
Edwin Evans ?   A. Yes I do, he graduated with
great credit at our University. [Looking round.]
Yes, there he  is in the  crowd ; he was a very
respectable and talented student.  Q. Is the are-
ola considered by standard writers  an  evidence
of pregnancy ?   A. It is considered as the most
striking evidence; it is regarded by the best au-
thorities as the  most distinct and special evi-
dence, so much so that I  will briefly relate an
anecdote from the celebrated Doctor Hunter.
  Dr. Bedford  here related a singular  anecdote
recorded by the celebrated Dr. Hunter, who af-
firmed respecting a certain subject in his Dis-
secting Rooms, a young lady, whose bosom pre-
sented the  areola most distinctly marked.  Dr.
H. asserted, that she had been or was then preg-
nant,  thpugh during life she was regarded strict-
ly as a virgin, and also the membrane, called the
hymen,  was not  ruptured.  Dr. Hunter's diag-
nosis  on this most improbable case turned out
perfectly correct, as the young female on exam.
mation  proved to be encienle, and a chUd ex-
isted.
  Q. Dr. Bedford,  %an you  dependwith confi-
dence upon  this areola ?  A. We can rely with
almost absolute certainty upon it when distinctly
marked; it usually shows itself about the 4th
month of utero-gestation.
  Dr. Bedford/.— I here wish to remark to the
Court and Counsel that I have read,no testimony
in this case; I give my opinion quite abstracted-
ly and irrespective of any .thing which may have
been previously said,
  Q. Doctor, wouklthe mere suppression of the
menses, unaccompanied by pregnancy, ever pro-
dace,  this distinct appearance on the breast?—
A. Certainly it-could not produce the full and* dis-
tinct appearance. Q. When does this ■■ mark or
areola leave the female?   A. It never, entirely
disappears; the  breast never perfectly assumes
its virgin color, but  the areola diminishes after
delivery,  the  cause of  its  existence  having
ceased, the effect declines.   Qt  Supposing a wo-
man tojhave been pregnant, and1 abortion  tohave
been  produced, what would be the immediate
effects of this violence ?   Describe if you please.
  A;  It.would depend.on the degree andi man-
ner in which the  force had been  applied.   In an
abortion generally, as it happens, the pain would
be abont the same as in natural labor. The womb
contracts upon the expulsion of its contents, andiif
rudeness or hasty violence have been used, it rap-
idly contracts, a discharge of blood  comes on,
sometimes, most fearful, for abortion is almost al-
ways succeeded^ or acoompanied, by extraordina-
 ry flooding. Thiahasmorrhage, or flooding, would
 be greater or  less, according to the  age of the
 fetus.  A woman in early pregnancy will, flood
 more than a person further advanced.  A female
' who is two months gone, and aborts, would have
 heavier flooding than one five months advanced.
 Q. Whatwould be the character of the.dischar-
 ges afterabortion?   A.  At the first gush, fluid,
 then it would be clogged, coagulated, a soft red
 mass in clots, and Undoubtedly there would be
 an after-birth ; of course.  If much force were
 used, and an abortion procured by violence, the
 after-birth might Come away entire, or in shreds,
 it would depend on circumstances,  but most like-
 ly it would come away in shreds, fragments, se-
 parate pieces, and  it only comes  away entire
 when nature is properly assisted.  If the .after-
 birth were retained it would decay, liquefy, be-
 come putrid, offensive.
   Hoffman.—What substance  would  the clots
 you speak of; most resemble, that you can recol-
 lect ?  A. The liver that you see in market  cut
 up in lumps,  would  resemble  this- Closely; but
 the after-birth would be  more friable.   Q. If a
 woman who was deliveredby this operation, say
 on a Sunday, or rather on the Tuesday,  would
 she be fit to go on a journey on Thursday, and
 than go about her regular honsework ; or, rather
 to complete the  question, how long  would  the
 flooding, in such a case, probably continue ?  A.
 I: cannot define any period when it  would termi-
 nate ; it would run on, sometimes lessening, then
 recurring, until it destroyed life,  if not  arrested
 by proper medical treatment.
   Cross-examined-by Mr Brady —Dr.  Bedford,
 yeu edited, I think, an edition  of  Cbally's Mid-
 wifery, soma three or four years ago, and  there
 have been recent editions of this book; now-in
 that work is the areola mentioned as an  infallible
 sign?  A. I have not mentioned it as an infallible
 sign, but the best-accepted writers regard it as a
 strong evidence of pregnancy.   In  fact, Mr. Bra-
 dy, if I were to see a female,  whether married
 or not; and I noticed on  her breast such an areo-
 la as described; witbpapillae distinctly developed
 around it, I'shonldicare for no other opinion, and
 regard no Other testimony;  I  should say, deci-
 dedly, she .was pregnant.  The appearance could
 be prodnced by no  other cause whatever.  Q.
 Doctor, there is a disease which you eaU dysirre-
 norrheea, which I understand is diflrculty of men-
 struation* does that ever produce achange?  A.
 It sometimes- does, but the appearances are wide-
 ly different.  Qi  What do you think of  "'-Kenne-
 dy on Auscultation  in Pregnancy"?    A. Why,
 it ia'arespectHbtewnrk,  bnt 1 would rather not
 be asked an opinion unless  lean praise highly.
 I thought  C'hally well adapted for the ordinary
 practicalidetailf ot'the lying-in-room,  a  good ele-
 mentary work a* a companion, or I  would'not
 have edited it for;my pupils, but I-do-not regard
 it-as-the highest  «<ndard work.  Q;  Now, what
 do good authors state  as the shortest time of
 quickening?  A. The accepted authorities state
 numerous, cases where  it  has occurred at the
 expiration of the third month.   Some  instances
 have -happened of quickening at ten weeks,  fin-
 ery practical man who is an accoucheur knows of
 them.   Q,, When a woman has been pregnant
 . three months,  how much open.is the mouth of the
 uterus in her first pregnancy 1  A. Itdependsan
 the constitution, and the  relative size  of the in-
 dividual.  The os tines would vary according to 
19
 Eersonal  conformation.  Q.  Could  any force
 reah through the glutinous secretion with which
it is closed?  *A. Force can.accomplish anything
if the heart will direct it; but the effectsof any—
the least interference—are sometimes dreadful.
The insertion of the finger  upon the part, and
merely titillating the os,  will in some cases pro-
duce abortion.   In  my opinion, the mere intro-
duction of the hand into  the vagina would  pro-
duce, in a nervous,  sensitive, excitable, or  even
ordinary  temperament,  hysterics, convulsions,
it might be, death.  Really, I aek any gentleman
of common sense, to decide  upon that question,
it does not require a doctor.   But a woman  hav-
ing had  constant or frequent intercourse with
men, might escape the abortion as.produced by
the introduction  of the hand; the parts would
not be so rigid or sensitive as in  a more virtuous
woman.   Q. Suppose  a woman was subjected
to an abortion on Sunday, how soon would the
foetus be discharged 1  A. It depends on the de-
gree of force employed, the actual progress or
completion of the attempt.  It may be in 10 hours,
or '2U, or  36; it  may even  be shorter than 10.
Sometimes the womb would be thrown into con-
traction immediately, and abortion  prove instant.
Thefoetus would come  away at  once; unless it
had been destroyed;,then it would come away
in fragments, shreds, or piece meal.  The  after-
birth would follow, sometimes in  half an hour,
sometimes in three or four hours; but if its ex-
pulsion were long  delayed, putrefaction would
oeonr.  The after-birth would come away slow-
ly, in a putrefied, offensive slate, or there might
be flooding, which would terminate  in coagula.
The female might have this dribbling—draining
of blood—for  months and months, and then it
would destroy her at last, if proper medical means
were not used to arrest it.   Q. if the after-birth
were so long retained, how would it at last be
disposed  of?   A.  It would  come  away  in  a
liquid state, as I have said, wasted ; a deciduous
membrane,  something like  wet blotting paper,
is sometimes thrown off in difficult menstruation.
   ■By Hoffman.—Q. Would the facility of en-
tering the vagina, or the womb, increase accord-
ing to the advance in pregnancy ?  A. Certainly
—but the danger would increase  ton.  A. Sup-
posing the'hand were  introduced and worked
round and round, so, as has been- described, what
would be the effects ?   A.  The most horrible.—
Q,. Could a wire be under the finger at the time
of such  an  operation?  A.  Undoubtedly, that''s
the way the thing is  done.'   (Great sensation
throughout  the Court.)  Q. Doctor, at  what
period in gestation does a woman's size begin to
alter?—Truth is our object, and  we must endea-
vor to attain  it, by every inquiry.  We are aU
groping in the dark—
   Graham—interrupting.—Yes. Mr. Hoffman;
but we must grope according to law.
   Answer by Dr. Bedford.—Very soon  after
pregnancy.  Some females will have the appear-
ance of pregnancy as  early as  three months.—
It'depends  upon the make, the conformation,
and general physical causes.
   Graham.—According,  of course,  as   the
clothes tit.
  By Hoffman.—At what period, then, does the
rotundity of the figure increase,  so as to require
a female to unhook her dress.
  A. That does not faU exactly under my de-
partment.  But  there is undoubtedly a change
in rotundity so early as  the third.month.
  This long examination, crossing, and re-ex-
amioation, was now concluded, and then
  John M'Cann was sworn,  and examined.io
chief by Mr. McKeon.
  Mr. Graham excepted against him  as being'an
accessary, an accomplice, one  originally inchwL-
ed under the same indictment.
  The objection was overruled by the Court.
  In reply to questions  put by the District At-
torney, the witness answered as follows:      I
  A. 1 know Maria Bodine.  I saw her in  June
and July, 1846, at Ramapo.  I  came down  from
Ramapo to Piermont in  the same  conveyance—
the cars: I came on in the same boat from Pier-
mont, in July, 1846, to New York.  It was  after
the 4th of July.  I afterwards  saw her in Green-
wich street, at the house of—
  Mr. Brady, suddenly rising.—Stop—he has  a
right  to  know and be advised as a. participuoi
in this offence.
  Mr. McKeon.—-He is  advised: his counsel is
Mr. Tucker.
  Statement resumed.
  A. I saw Maria  Bodine in  Greenwich street,
as  No. 14S, ResteU's  house, a few  doors  from
Courtlandt, south  of it.  I did  not see her go
into the house, but towards it.  I  went on down
towards  the  Piermont  boat, and saw her after
on the Piermont boat.   She had come on Thurs-
day.  I returned from New York to Ramapo.—
I obtained money when I went  up, and again
came to the  city on the following  Saturday.—
Q.  Whom did you obtain the money from ?  A.
I received it from Mr. Cooke.
  [The question  was  answered so  rapidly that
Mr. Brady had  not time to«ay—"We except to
any thing done  at Ramapo, in the  absence of
the prisoner," when the reply  had been render-
ed, and the
  Recorder said he must answer the question.
   Witness.—1 obtained it from  Cook.  I came
back on Saturday with  the money,  a little over
§40, which Mr. Cook gave me to  deliver to Ma-
ria Bodine.  Q. Where and  when did you see
her?  A. At Madame  Restell's  house; I saw
the lady of the house at the  door.   That's the
lady there.  1 enquired for Miss Bodine.  Mad.
ResteU said she was in  the house, and she would
call her.  I  saw Maria.  I gave  the money to
Maria in the front room.  I had seen the pri-
soner before.  I saw her  the  first day I was in
the city, on the Thursday.  I  had some conver-
sation—a little  with Maiiame  Restell.  I asked
her if there was a young lady  who had been
at her house from the country.  She said the
young woman who had been  there was unweU,
and she said she could be of some help to her,
but  when she  called again  she would  know
whether she would be of use to her or not.—
There was not much more said  after that.  Q.
What made you go up to Ramapo for money?
   Messrs. Brady and  Graham object and the
question was altered.
   Q. How long did you  stay on  Sunday morn-
ing?
  A.  But a short time.  I went on Sunday morn-
ing to Paterson by the cars,  at 9 o'clock, from
New York.  It  was about 8 o'clock when  I saw
Madame Restell.  I went up home  from Pater*
son, inland.  I did not see the  girl afterwards. 
  Cross-examined by Mr. Brady.
  Q,. I have only one question to ask you, Mr.
M'Cann.   When did Maria Bodine first come  to
live at Ramapo ?
  A. Sometime in the spring—I  cannot fix the
date more nearly.
  The Court adjourned at this stage of the pro-
ceedings  until  the  next  morning at  the usual
hour.                                  a*.-
                Ninth Day.
  After the usua'l  proclamation  had been  made
and the jurors had answered to their names, the
District Attorney, McKeon, rose and said, "May
it please the Court, the case is now with the de-
fence."
  James  T. Brady, Esq., Counsel for the pri-
soner, then opened  the case  for defence.
  May the Court  please, and  gentlemen of the
jury ! the time,  I  am happy to find, has  at
length arrived, when the prisoner, for the. first
moment, can be heard in this case by Counsel
for her defence.
  This is absolutely the first moment when my
client,  the accused, has  been  permitted  to  be
heard.  But before  I go into the details of this
most protracted case, or  unfold to you our line
of defence—a  defence which I feel conscious,
gentlemen, wiU be irresistible to you—I beg  t*>
tender my acknowledgements  to that most re-
spectable and intelligent jury which I  see before
me. The learned District Attorney has said,
that you were actually a "jury of our  own se-
lection ;" however that may be, he had an equal
share in your appointment, and  so satisfied  am
I with our mutual choice, that  I sincerely offer
you my humble, but most cordial thanks, for the
zealous  attention, the patient  assiduity, with
which you  have  accompanied  counsel on both
sides, "pari  passu" in this most intricate and
laborious inquiry.  I feel entire confidence, gen-
tlemen, in your integrity, I repose a full reliance
on your pure, and honorable, and upright minds,
and whatever your  decision  be, though there
can be but one  decision, but whether  my  client,
the prisoner  before you, by some inconceivable
misfortune be found guilty of the offence alleged
in this most singular and irregular indictment,
or she walk forth out of  this hall, as  she ought
to do, innocent, perfectly innocent, with  repute
unstained, and character unblemished—I shall
bow with due respect, and full submission to the
mature opinion of twelve upright and enlighten-
 ed jurors.
   Without reference to public opinion  against
her,  never  had  a  prisoner more legal  obsta-
 cles  thrown  in the way of  her  defence.—
 No  papers,  no information, no affidavits had
 been afforded  her.   It was more an attempt to
 sacrifice an individual to the bad passions of the
 multitude, than the administration of pure  jus-
 tice.  His client had been hunted down like a
 poor deer  by ravenous wolves; and a portion of
 that mighty,  but  misused  power,  the press,
 had pronounced a verdict of  guilty against  her,
 before the trial of her cause.  He paid a just
 and  well deserved tribute to  Mr. Phillips, for
 the frank, just, and liberal manner, in which he
 had presented the  case to the jury, without ar-
 raigning their passions against the defendant.—
 But I again repeat, said he, that this good feel-
 ing has been outrageously interfered  with, by
 that tremendous power, than  which there is
20


  nothing higher, nothing superior.  But the pub-
  lic press has infamously desecrated its office and
  its strength.  Both the " Sun " paper, and the
  " True Sun," have  falsely and unwarrantably
  assumed  that the prisoner'was guilty, and the
  editorial article in the "Sun" this morning, tries
  to ensure the conviction of the prisoner, whether
  right or wrong, and by the most industrious ef-
  forts, endeavors to destroy her at  all hazards—
  and if she cannot  be  found guilty of murder,
  like a Yorkshire jury, to convict her  of horse-
  stealing.   The [prisoner's Counsel,  too,  have
  come in  for their  share of abuse, through the
  columns of some of the  city papers, as having
  acted rudely and inhumanly towards  the first
  witness called  by the  prosecution, merely be-
  cause we have faithfully endeavored to discharge
  our duties to our client.  For such attacks upon
  myself, I care not, personaUy, one straw: they
  pass by me "as the idle wind which man regards
  not."  But  they cannot fail to prejudice my
  client's case ; and for that unworthy purpose,  I
  protest against  and denounce them.   Such at-
  tacks will have no effect upon my mind in caus-
  ing me  to vary from  my course.  I am accus-
  tomed to such assaults from a low portion of the
  press, and I am used to such witnesses and such
  scenes in court.
    I have seen females brought out of that green-
  room, as it were, or rehearsal chamber, veiled
  and  modestly attired, and prepared  even with
  more labor for dramatic show than has been em-
  ployed on this occasion, and denunciations have
  been heaped and piled up against us by certain
  of the press, yet the jurors  swerved  not from
  their duty, the  counsel did not quail, and  that
  very female, elaborately trimmed up for a witness
  as she was, turned out the veriest harlot, the
  foulest trull that infests our streets or emerges
  from the perlieus of the Points,—she proved a
  thief, a vagrant, and the lowest prostitute who
  draggles her dank wet  skirts through the mud,
  on a rainy night, and offers her loathsome person
  for hire, to the cheapest bidder!
     As regards  the  performance of my duty to
  those  who confide  to me the defence of their
  freedom, property, or reputation, I at once and
  without hesitation say, that as Counsel, I make
  the case my own.   Their interests,  their suc-
  cess, are incorporated, identified with mine.—
   My client is myself.  This  is no new doctriue
   for  Counsel to advance, no  new principle for
   the bar to defend.
     In the language of that great and distinguish-
   ed lawyer, Lord Brougham  a man whose equal
   the world has seldom seen as regards profound
   sagacity, and  lofty universal  talent,  I believe
   that counsel when retained, and a case is com-
   mitted to their trust, know  then that but  one
   person in the world ; and  the only office, the
   sole single duiy they have to perform, is to pro-
   tect  that person at all risks, all sacrifices, aU
   hazards.  In that celebrated case, the trial  of
   Queen,Caroline, (from which Mr. Brady quoted
   a splendid  passage,) that is the language em-
   ployed  by the greatest man of  the age,  as
   scholar, jurist, and universal genius.  His doc-
   trine I adopt, and with him (though treading in
   his footsteps at an immeasurable distance,) I am
   content to  eTr.  According to my feeble capa-
   city, I will defend that  lady with the whole of
   my energies, and  at all hazards.  I  am here as 
21
the advocate and friend of that  woman in the
hour of her  misfortune and the day of her ad-
versity, to secure for  my client  a fair and im-
partial trial, and to obtain  for her that acquittal
to which she is undoubtedly entitled.  For what
cause is  the accused  put on her trial  this day ?
It is not for one crime, it seems, but for a series
of crimes.  She is in  fact  dragged here to an-
swer for all the past transgressions of her life :
and the jury are called  to pass  not  upon this
single indictment,  but  upon other alleged ini-
quities, audio  give a verdict  not  upon any one
individual act, but  upon her deeds and actions
for the last ten years.
   In the course of his general remarks, the coun-
sel observed,  !< as to bringing  suits for libel
against newspapers for defamation,  the thing is
preposterous.   The fate of Fennimore Cooper,
in endeavoring to  prosecute such  a  suit,  is a
landmark, a monument,  to  warn  the unwary
from such a forlorn hope, as it is now established
that libel suits against newspapers, neither vin-
dicate character, exalt the reputation, nor swell
the purse."  This is, or ought to be, a trial for
a specific offence, which consists of several
counts,  that  the defendant, by drugs, instru-
ments, or her hand alone,  effected  an abortion
on the person of Maria Bodine.  It  is an indict-
ment for manslaughter, whereas, if it were any-
thing, it ought to be lor misdemeanor. I assert
most decidedly and  in the  strongest possible
terms, that her alleged pregnancy with  a quick
child, is a palpable  absurdity, and a most mani-
fest impossible occurrence.  We do not ask or
beg for what we have not  a  right  to demand;
we will not have the  morsel of cheese from a
legal mousetrap;  we  ask from the opposite
counsel for no favors,  no compromises, no  bar-
gains ;  we wish for no division, no seperation of
the two crimes or cases, but will meet it boldly
as it is presented.
   Mr. Brady here detailed the leading particu-
lars of the case for the defence, and adverted
particularly to the  absence of some parties
whose testimony he had been unable to procure.
"Luther Miller and Horace Armstrong were re-
quired by us, but the Court, though earnestly
applied to, refused to grant us a commission to
obtain  their   evidence.  We  now,  therefore,
come before you,  gentlemen, crippled by the
want of those men's testimony, to the most im-
portant facts.  Maria Bodine, the  leading wit-
ness in the cause, in fact,  the cause itself, disap-
peared, could  no where be seen, or heard of,
mysteriously vanishedj after once her name had
been heard, and  her  simulated  complaint  been
casually mentioned."   The counsel graphically
described Mr. Bowyer's Quixotic journey tq look
up Maria.  And then our worthy Mayor,  with
the seme patronymic as himself, with his lynx-
eyed sagacity, aided Mr. Bowyer, wholneeded
no assistance', such was his zeal in  this most
momentous affair.   And  now comes upon the
stage our sagacious friend, Doctor Samuel Smith
the sapient father of this suit.  But for him, as
a midwife, the case would never have been born.
though I fear, like some other of his labors, this
case will prove a still-born foetus.  Though Dr.
Samuel Smith promised himself some profit, as
you will presently hear, if his merits as a wit-
ness are to  be considered, they are  valueless,
and the account should remain  unpaid or be at
once rejected.
  Whilst all these proceedings  were going on
we were in mystery; aU was obscurity/ darkness;
we  durst not ask to  see  any one witness, lest
they should say we were  tampering with them.
and Maria herself,  the origin of all, was unap-
proachable, for if you had only glanced.at her,
the  prosecution would have said we had spirited
her away.
  And this woman, the prosecutrix.it will be
our solemn duty to prove, and we have facts to
sustain us in the assertion, that that woman is
as foul, corrupt, loathsome, guilty thing, as ever
polluted God's blessed earth by her pestilential
presence.
  It shall be our effort  neither to injure nor to
disparage Mr. Cook—his reputation shall not be
jeoparded by any insinuation of ours.  This girl
was iU of a disease about which there ought to
be no mawkish sensibility in giving it its right
name.  I have the physician to produce who at-
tended her for it, and the messenger who car-
ried the medicine. Mr. Cook inquired what the
medical man  was doing  around  the house; he
was told the truth, the truth came out, the doc-
tor continued his  attendance ; and we wiU  not
do Mr. Cook  so much discredit to his taste as to
suppose that he associated with a female so af-
flicted. She was then laboring under the effects
of the malady.  She  had ulcers in her throat,
and sores upon her person.  She utters in this
Court a direct and brazen falsehood.  She  has
upon that stand committed a deliberate perjury,
when declaring her freedom from foul disease.
I am instructed to say and to prove, that at  an
early period of her life, she gave herself up to
this licentious course  of general snd promis-
cuous concubinage, and so precockus was she,
that at a very early term of comparative youth,
so thoroughly corrupt and abandoned had this
girl become, that she had destroyed  her health,
her character, and family reputation.
  Our evidence will be abundant and overwhelm-
ing.  Every material fact in her statements wiU
be  contradicted by  the  most respectable, the
most irrefragable testimony : and I will hold hei
up before  you, on the sternest testimony, be-
grimmed and  blackened with  every enormity
that can degrade or  vilify woman.
   As regards some  points dwelt upon  by my
eloquent friend, who, as I have said, opened the
prosecution in a very fair and gentlemanly spirit
he pathetically said, towards the last scene of
 the 5th act of this new tragedy, that when
 Maria was going home, Madame Restell gave
 her a parting kiss, and  the salutary counsel,
 " Go, and sin no more."   But then she gave her
 simply six shillings for her passage by the cars,
 and only two  shiUings for refreshments on the
 road.  Only two shillings for refreshments on a
 journey of about 60  miles, occupying, it may be,.
 only three hours, or scarcely !  Only two shd-
 lings for so distant a journey.  Why, I have seen
 old matrons, nice country-women, go to Bridge-
 port, 60 miles, with only two cents worth of
 doughnuts in their  pocket, and three  cents of
 ginger cake  in  a reticule ; they have  never
 thought of any thing more ; and I myself have
 travelled through that country, and so little was
 the demand for luxuries on the road, that I have
 seen a pile of oysters which had died from con-
 sumption,  and perished  from  want of excite-
 ment. 
22
   As regards'her alleged traveUhig companion,
 Mr. McCann, he-has been -nursed  into lifeias a
 witness:by my good friend. Mr.i Bowyer^ there,
 with his rosy smiling face,.wET-»Krs«<i into life
 as a witness ; and as far as his multifarious du-
 ties will'permit, my learned friend, the District
 Attorney, has taught him to lisp and talk.
   I beg also to draw your  particular attention,
 once more,'to that distinguished,pure, and close-
 headed witness, Dr. Samuel Smith.—He means,
 as I shall clearly prove, and as he himself  has
 almost admitted, to make a good, thing out of
 this trial; and has intellect being about equal to
 his  integrity,  he vainly proposes to  obtain
 through this Court, what he could not extort.by
 letter from Mr. Cook.
 r After .an impassioned appeal to the good sense,
 the enlightened understanding, the hearts  and
 affections of the Jurors, as sons, husbands  and
 fathers, upon whose verdict in this case, the
 entire community, were looking with most in-
 tense interest, Mr. Brady concluded as follows:
  "Such may it,please the Court, and gentlemen
 of the Jury, such is the  alleged offence, such the
 indictment, such the evidence, such the, pretend-
 ed proofs, and  such our clear and absolute refu-
 tation of the whole.
  I solemnly adjure you,- gentlemen, to do your
 duty to*your country and to my client, the pris-
 oner now before you, stritcly, firmly and impar-
 tially, asT have endeavored to discharge mine.
  And if there be any truthin that sacred  pray-
 er which we all address to Almighty God, in  our
 last parting hour; if there be aDy truth in  the
 forms of earthly justice, the overwhelming con-
 viction on my mind is, and I most solemnly be-
 lieve, that my dientmust be acquitted by your
 verdict."                           J '
  On closing, Mr. Brady called
  Mrs.  Deborah Tiers, who was  sworn  and
 examined forthe defence.
  Q.. Where do you reside, and how long
 have you lived there ?
  A I reside at Walden, in Orange County,
and have lived there twenty-two years.
  <at. Are you married ?
  A. Yes, sir;  and  my husband  lives  there
also.
  Q. Do you know Maria Bodine ?
  A.  Yes, sir; I have  known her for twelve
years.
  Q,.  Where did she live, generally ?
  A. Most of her time she resided at her sis-
 ter's and her own mother's.
  Q,. Was Maria ever absent from her usual
 place, often  and frequently?
  A.  I have often known ber to be  absent
 from her sister's, two  months at a time,  about
 a couple of months, more than, once, frequent-
 ly.   She-was absent from home just before she
 went to Mr.  Cooke's.
  Q. When was this ?
  A. In the  spring of  1845.
  Q, Whas was her general character amongst
 her neighbors ?
  A.  With mostof people, very bad.
  Q. Do you  recollect her going from Wal-
 den ?
  A.  I remember when she went from Wal-
  den to Ramapo, last spring.  It was in April,
  about the first of April.  She did not go at the
  same time as Mr.  Cook,  but  about a  fort-
  night afterwards.  I saw her after she came
  back front Ramapo.  It was. the morning after
  her return;  she was  at   her  sister's,  Mrs.
  Youngblood's; she  was up, sitting in a chair;
  I think it was on a Thursday: I heard her say
  that she liked Mr.  Cook's very much,   as to
  work.
   Q,. Well, what more ?
   A. She told rrie she- had not been <acll, quite
  sick, and that she had  come down to the city
  of New York, and' had seen there an old lady
  who had helped her very much.
   Q. You know what she  meant by her not
  being well, what was it ?
   A. She did not.- have her monthly tarns as
  she ought to,  and the  old  lady had restored
  her.  She said, she was now very bad.
   t'i. Have you a daughter, Mrs. Tiers ?
   A. Yes, sir, grown up; she is here.
   Q.. -Was there^ not some difficulty about her
 and .Maria ?
   A. Yes, I would riot allow my daughter *to
 associate'with her, and Maria Bodine told me
 that she was as good as my daughter.
   Q,. When was this ?
   A. The difficulty  was about a  week after
 she came down to the city the last  time.  ■ I
 think about the first  or  fourth of August, Ma-
 ria told me the neighbors! need not be talkiqg
  about her, and! if they did not quitit, that Sam-
  my  Smith would  clear up her  character.
  There  was  no other  Samuel  Smith living
  there but Dr. Smith.  She was  then walking
  out and around.
   Q. Well, for  how long  has  her character
  been held bad generally, I mean by the voice
  of the people 1
   UPKean, (smiling,) yes by the  voice of The
  People ?
   A. For five years it has been  bad by tht
 voice of the people.  This has been her general
  reputation.
   Q,. Could  you, Mrs. Tiers, believe Maria
  Bodine on her oath' ?
   A. I could not believe her under oath.
   Cross-examined by Mt.  M'Kcon.—Q,- Why
  would you not believe her on oath ?
   A. Because she  has told  me many things
  which I knew to be false, untrue.
   Q. Was she not, or you thought so,  very
  impudent iu  her manner—rude to you and
  your daughter?
   A. Yes, sir.
   Q. There was  a  quarrel, a sort  of fight  or
  spat, was there not, between you and  your
  daughter, and her—is that made up ?
   A. I  never did make it up, and I don't
  wish.to,
   Q..  When was the last quarrel between you
  and her ?
   A. About  a fortnight before she  came to
  the city.
1   -Q,. Had you any quarrel before  ? 
23
  A. She said that I had told bad stories about
her, and if she  heard  any one say so again,
she would have them taken up.  She said the
neighbors had reported that she had been in
the family way, and been delivered of a child.
  Q,.  Well, did you,  or did you not, believe
this?
  A. I did  not believe  the story,  because I
had never seen any thing to make  me think
she was with child.  1  had never  seen any
thing
  Q.  What did  you  expect  to see,   Mrs
Tiers ?   Could she not have been so, without
your knowing it 1
  A.  She might have been in the family way
without my seeing it.  She might have been so,
and I not know it.
   Q,. Well, what further took place?
   A.  When she came back  from New  York,
she said she had been relieved in some way.
   Q,. Did you see her  often,  and  how, and
where was she ?
   A.  I saw her in bed  sometimes, and  some-
times setting up, but quite a good deal in bed.
She was one, two, three, four months in bed.
   Q.. What physician then generally attended
her?
   A. Dr. Evans attended her,  and  the  neigh-
bors  talked.
   Q,. There was a good deal of gossip, I sup-
 pose; who were the persons?
   A. Mrs. Hatch,  Mrs. Dowling, and I thought
 it very strange, to us : we consulted together,
 we talked,we did not know what ailded  her. I
 did not say she had been delivered  of a child
 Some individuals  said she had been—but we
 never saw any thing to make us think so.
   Q,.  What did you expect to see ?
   A. We never saw any thing about  her, to
 make us think so.
   Q,. Well, and did  you keep up still your
 acquaintance with her ?
   A  Yes,  my daughter and  I heard all the
 rumors,  but  I  continued  for  three or four
 months to speak, and converse  with her.
   Q,. Being  intimate so long, and you and
 your daughter going to  see her so  often, how
 is it you left off your intimacy ; was it because
 she was sick and low?
   Witness declined to  answer, and the ques-
 tion was varied.
   A. I have no sympathy forher now, because
 I think her character is very  bad.  It is not
 because she is sick.
   Q,.  Mrs.  Tiers,  what  stranger was that
 around, who was at your house ?
   A. There was  a person came—it was Mr.
 Mink, an officer from Newburgh.
    Q,.  Who pays your expenses  down,  and
 here ?                                     .
    A  I don't know who pays  them.   1 came  ]
 down  from Newburgh to New York.
    Q,.  Yes. I know.  Who paid your  fare 1
    A.  You are asking me too much.
    Q,.  That is  nothing to what I shall ask
Where are you now staying ?  Who are with
you?
  A. At John Daley's, an hotel or boarding-
house near where the boat stops :  Mrs  Dow-
ling, Mrs. Hatch, Miss Ann Tiers, my daugh-
ter, are all staying there.
  Q,.  Who pays your expenses there?
  A.  You ask me too much, I don't know.
Mr. Mink directed us to go, and took us there.
  Mr. Brady.—It is nonsense.  We avow it.
We, the prosecution, pay  the expenses, or
how could they be expected to  go there, or
any where else 1
  [Considerable excitement in court, and some
suppressed laughter.  The Recorder checked
this indecorous  expression of  feeling, and
one juror loudly stated hisdissatifaction—" his
being sick," both at the  conversation and the
laughter.]
   Mrs. Tiers' examination was then resumed.
I was not visited by any one before Mr. Mink.
I remember the departure of  Mr. Cook from
Walden, from her coming to her sister's.
   Q,. At thisjimc what was thought about her
 character ?
   A. It was bad, openly, notoriously bad, be-
 fore she went to Cook's.
   Q,.  But Mr. Cook is a man of  character, is
 he not?
   A. Yes, he is a person of respectable char-
 acter and good standing,  and has children.  It
 was the first of  the month, the first of April,
 she came and said she should stay a fortnight
 at her sister's, to get her clothes ready to go
 and live at Mr. Cook's.
    Q. How do you fix a fortnight?   How do
 you  recollect the circumstance of  its being a
 fortnight ?
    A. It might have been ten days, but I say a
  fortnight.
    Q,. How do you know it was the first o
  April?
    A. There was no circumstance to fix it, but
  I think it was.
    Q. What physician attended?
    A. Dr. Evans.
    Q,. Any  one else, and who ?
    A. Dr. Millspaugh. I have heard Dr Tho-
  mas and Gouverneur Millspaguh speak about
  it.  This conversation was  at my house, the
  first visit he paid Maria Bodine.  I have not
  had any convention with him since about this
  case.
    Q. Did  you see  any person  in particular
  inquiring about this matter?
    A I saw an  individual, who they said was a
  police officer.   He inquired, at my  stoop,
  where Mrs.  Dowling lived, and my old man
  said, it was an officer  about Maria Bodine's
  case
    Q,. Are you, Mrs. Tiers a woman oi fam
  ay.
    A. I am:  I have five  children, the youngest
  two years  old, and a grown-up daughter.
    Witness re-examined by Mr. Brady 
24
   Q,.  Why did you not believe she was in the
 family way, when she said so to you ?
   A.  Because I heard  her say before, about
 four years ago, that she was in the same way.
   Q,.  Whom did she say it was by ?
   4. She told me then she was with child by
 Morris Vernoy who was bar-keepei*  to Willet
 Titus, who is now in this city.
   Mr. Brady.—We have Mr. Titus here as a
 witness.
   Q,. Was Maria ill, sick, at Mr. Cook's ?
   A, She was ailing at Mr. Cooke's, and Dr.
 Thomas Millspaugh attended her.
   «l. What was her trouble?
   A. She had  a sore  right under her arm.   I
 don't know the cause, as she never told me.
 She showed me the sores.  She was unable to
 work for two or three days ;  I cannot say that
 it looked like a boil.   The doctor was openly
 attending her.  She  had formerly told me her-
 self that it was the case  she  was pregnant by
 Morris Vernoy and I told her she had better get
 married.
   Q,. How did she come to tell you this ?
   A. I think she asked me confidentially about
 it, and I told her that she had better get mar-
 ried.  I told my husband about it, but not Dr.
 Millspaugh. I  always treated her with respect
 but I thought she was a light character.
   Mrs. Dowling was now called and appear-
ed, but
   The Court  adjourned to precisely twelve
 o'clock on Monday, and directed the jurors, and
 witnesses on both sides, to attend with prompt-
 ness and punctuality.

               Tenth DAv.
   Mrs. Catherine Dowling was next  exam-
 ined by Mr. Brady, Counsel for Defence. —I re-
 side at Walden, and have so lived three years
 this  coming winter.   I have known  Maria
 Bodine three years,  about—when I first  be-
 came acquainted with  her, she  resided at her
 sister's, Mrs.  Youngblood.  I  was  a near
 neighbor.  I resided two years ago in the same
hous e as they. Maria left Walden for Ramapo
 about the 20th  of April, and Mr. Cook left
 about the 1st of April.  I knew him by  si^ht,
but was not intimate  with him. Mr.  Cook
 was often absent going from Walden  to Ra
mapo.  Maria did not go  to the latter place
until after  Cook  She came to me to borrow
money to take her to Goshen, as  she was go-
ing by the cars from Walden to Ramapo. She
 came back from Ramupo to Walden sick: this
was in the latter  part of August last year: she
 came back  oh a  Thursday.   When I saw her
 on Monday after her return, she was setting
 up.  Dr. Evans  was called in that same day,
 Monday :  she told  me  herself that she had
 taken cold,  and had lost her monthly turns, and
 she had been advised to  come down to some
 old-lady in  the city, who could help her.  She
 said the old lady had given her medicine, and
 it had helped her.
I   Q,.  How often did you see her during her
 sickness whilst ill at Walden?
   A.  Everyday.  It was a month or more af-
 ter I began to attend  her, before  Dr  Evans
 cupped and leeched her, but I never saw him
 blister her.
  • GL.  Mrs. Dowling, what has been her gen-
 eral character ?
   A.  It was the  voice of the people, that her
 character was very bad.  I never saw  her af-
 ter she left for Ramapo.  When Mr. Cook
 lived on the farm, I saw her at  least  twice a
 week. She was once unwell in particular, that
 I remember, very unwell, whilst she was living
 there, but I do not recollect the exact time, but
 it was in the fall of the year.  She was at her
 sister's the best part of a week. I saw Thomas
 Millspaugh come there as her physician, but 1
 never saw him give her  any medicine.  She
 had a very large gathering under her arm, and
 she was much distressed in her back   I saw
 the gathering.
   Brady.—That's all. Oh !  I want to ask you
 one question :—From what you have heard of
 her, could  you believe Maria Bodine  unde
 her oath?
   A. No, I would no  .
   Juror Cortelyou.—Was that sore you speak
 of like a boil, or an ulcer ?
   A.  It was not like a boil,  but I have never
 seen an ulcer.
   Cross-examined by McKeon, Dist  Attorney.
 —Q.  How long before this had Maria had
 these large gatherings you speak of?
   A.  She had had them for  years.  She was
 at her sister's,  Mrs. Youngblood's, most of the
 winter of 1844.  She  lived  at Mr. Cook^s af-
 terwards, until he left.
   Q.. Did you not miss Mr. Cook from Wal-
 den when he went away ?
   A. I did not know much of him.
   Q. Do you recollect that vendue when he
 broke up house ?
   A.  I cannot say particularly.   I did not buy
 anything.   I cannot aay what month  he had
 his vendue.  I cannot  say how long after that
 Mr. Cook left,  but I know  that it was on the
 1st of April.
   McKeon.—Be kind enough to let me  know,
 nia'm, by what means  you  can recollect that
 fact, the 1st of April?
   A.  I cannot.  Maria was there the  whole
 time that  Cook  was at Walden.  Mr. Cook
 was a man I was not  personally acquainted
 with, but I knew him by sight.  "I did not see
 him go.  I don't know that he went at all.  It
 was either Tuesday, or Wednesday, or Thurs-
 day, that Maiia left for Ramapo.
   Q,   Who moved into Cook's  house?
   A.  Mr. Steward, on the 1st of April I think.
 but I could not say exactly what day he moved
 in.  I saw her come that evening' to  her sis-
 ter's, at sunset.  She  came in a team.  Mr.
 Sears, a young man about  twenty years old,
 who keeps a tavern, found  the  team.   I  did 
25
not see the money paid for going down in the |
team.  She asked me, but 1 did not lend her
any money.  I never saw her  at Ramapo—I
have only her word  for it that she was going.
She was in bed when Dr. Evans came to see
her; he came every day.  He said the spine of
her back was affected.  I saw the issues along
with her sister, Mrs  Youngblood, who asked
me.   I  did not know anything else was the
matter with her.  I  saw nothing else from my
observation.
   Q,. Fro in seeing her, could you see anything
else was the matter with her.
   A.  No  [ am a married woman, and have
six children.   I never saw anything about her
that would make me believe she was ever preg-
nant.  She had once, erysipelas in  her face.
The doctor said it came from her disease.  I
never >aw her out of her mind.
   Q. Have you seen any person up in your
neighborhood to speak to you on this matter,
about six weeks since ?
   A. I have seen a  police officer.  He over-
took  mc on the road, after I got over the hill
near  V\ alclen ;  he talked to me about the case.
He offered me no  money, no compensation
for coming down to New York.
   McKeon.—The Court will remark, she  was
met by  a policeman who I suspect  was  sent
from New York to approach her, and bring her
down to York.  I am rightly instructed, I find
in my info ination, and I  know the witness has
been seen, if not tampered with.
   By the Cturt. — Was the answer you have
given, as to character, the general public sen-
timent '!
   A. It  was the voice of the people, the gen-
eral talk  of one and all, that she was  a bad
character.  It did not hurt her character that
she lived with Cooke.
   Kxantinat on closed.   Mrs.  Dowling  is a
 person  about forty-eight.
   Mrs.  Chrissy June  Hatch was now sworn.
 !  have  lived  in  Walden two years this last
-priti.   I ain married, and have a  husband
 .ud  nine children   I have known Maria Bo-
 nne by --i^ht since she was quite a small girl;
.<he lived tionie to her mother's, about a half a
 <nile  from our  place.  I have  always lived
 ■K ar  Walden.   During the time I have known
   <r, which is quite a while, her character has
   en ba<*  I can remember that for five years.
   , ',.!i...v Maria Bodine  asked  Mrs  Dowling
i'er  :no.n. v to go  to Mr.  Cook's-.   It   was
J.om- about the 20th of April.   I remember it
J^r pv having a child then sick, very sick, and
1  wei'it :it there for some  castor oil. and Maria
•v.i.s tiivM asking her for it  the money  I saw
her in Mr. Sears' wagon to start for Ramapo.
It wm  along  the latter  end  of August she
citne back.  I  saw her that very afternoon;
sue jumped out of the carriage at Mrs. Young-
blood's door.   I saw her  out. round in the
road, and in the rear.  I  went in the house to
*ee her a so, and her sister. Mrs. Y. asked me
to look at the sores.  Mrs. Y. opened her back,
and there were a great many holes and sores
in the back, she had been leeched, and she had
issue peas there.   This was about a month af-
ter her return.  I did not go into her room
very often, as my husband would not allow
me.  I assisted .once  in dressing her back, as.
her sister Mrs. Youngblood requested me.  I
held the plasters, and her sister put them on.
Every time I saw Maria during her  illness, I
spoke to her, and 1 was in the  house half a
dozen or a dozen times.
  I don't know that I could believe her under
oath, from the character she bore in that com-
munity.
  Cross-examined by 0. Hoffman.—I have been
married nineteen years.  I lived before  that
with  Mr. Decker.   I lived  altogether in his
house three years.  I was not married then,
and 1 lived with Mr.  Decker a short time after
I was  married.  My  husband is a wagon
maker in Walden.   I  don't know  anything
about the vendue at  Mr. Cook's.   I remem-
ber nothing whatever about it.   My child was
sick two months.   I  know it was about  the
date I have fixed, for my brother (the minister)
had written to me that he was  coming about
the 20th, and  I had  made preparations to re-
ceive him.  His letter said he would be there
about the 20th, and from that circumstance I
know the date  Maria  asked lor money  the
day I went in for the castor oil.  I have never
talked with  Mrs. Dowling nor  Mrs.  Tiers
.xbout what we were to say.  I never asked
them what they  were to prove, nor what  I
was.   We have met often, we have  tea'd to-
 gether  once  or twice, but nothing was said
amongst us women as to what we were  each
to say in court.
    To  the  best  of my knowledge Maria's
character was notoriously bad, all  over the
place, for five years.   Mr. Cook had a factory
where  there  were  some other young girls.
 Mrs. Tiers had  a daughter in  that  factory:
 but Maria had the household work to do.
  I one day happened  to  say to Mrs Young-
blood that "her sister Maria was grunting a lit-
tle  too  much,—and Mrs. Youngblood  said
 if  Mrs.  Tiers and myself did not  hold  our
tongues, she would get a Bench warrant upon
 us    Mrs.  Y. and  T. were not very good
 friends after that.
  Q,. by a Juror.
   State  the  reasons why you would not be-
lieve Maria Bodine  on her oath ?
   A. Because she has told a great many lies,
she has told me  that she has never had  any
thing the matter with her, when we know that
 it has been so oftener than once.
   George C. Maclean, was now examined.
  I have resided in Welden over twenty years,
working on a farm off and on since a boy ; I
 was in the  employment  of Cook,  and  after
 that up to the spring of 1840.  The auction at
 Cook's must have  been  about March.—Mr. 
26
  Cook first went down from Walden to Rama-
  po in the fall.   He returned  several times
  backwards and  forwards  off  and  on;  he
  would come in the  after-noon, and go back in
  the morning.  He finally left in  April, for the
  last load of goods I  took for  him to Goshen
  was in the middle of that month.  I know Ma-
  ria Bodine.  She left Walden  after the 21st—
  She wanted me to get her some  way to go for
  a dollar, as she had but one :  it  was either  on
  the 23d or the  22d.  Maria was  ill during the
  fall and winter of 1845.  She was complaining
  about a week  or  a  fortnight.  Thomas' Mills-
  paugh was there as  her physician. I saw him.
  I donlt know that he prescribed, but I. carried
  medicine myself from him to Maria:  this I did
 only once.  I also saw her get medicine in the
 road from him.
   Cross Examined.—I was  living at Cook s
 at the time she  was.    Mr. Cook's mother and
 daughter lived  there, and Maria had charge of
 the house under Cook's mother.   Cook went
 after her, and brought her to the  house as help
 from her sister's.   Maria  and  I  remained  in
 the house after  the sale, and left  on April 1st.
 She was packing up her  things, and  went  to
 stay at her sister's, and I arranged about her
 going to Ramapo.
   I have known Mrs. Hatch in Walden. Her
 general character is thatshe makes herself Very
 busy, and has a great deal to say amongst her
 neighbors.
   Mr.  Burnett  Truesdah. Resides in Ulster
 county.  I never resided at Walden.  I have
 known Maria Bodine eight or nine years : she
 lived at or near Walden.  During that period
 I have known her go  from  Walden to New
 York, Newburgh, and other places for a month
 or two at a time : but I did not know for what
 purpose.  Her  character has been bad for four
 or five years.   I  should  not believe  her on
 oath, from what she  told me.  I never spoke
 to  Mr. Cook before this morning, and that
 wasto pass the time of day.
   Cross Examined by  M'Keon.  I was  at  a
 ball, a party or dance with Maria  in Galeville,
 call it what you like.  There was some little
 difficulty about  her.
   Q. put by Jiirors Benedict arid Cortelyou.
   In what respect was her character bad ?
   A. She had doings with men, she had a bad
 name for chastity.
   Qmstion by Alderman Feelcs.  Was it  bad
 in other respect ?
  A. She would lie,—has  lied  to me,—but  I
 never knew her to tell a lie under oath.
  By Jurors Benedict and Cortelyou.
  A. Her general character  was, she would
lie.  I never knew her to be a thief,  or any
thing of that sort.
   Willard Titus, examined.  I reside in New-
burgh.   I am a  pedlar of segars  and tobacco
by occupation.  I have resided in Newburgh
since, last May;  before that I lived at Walden
 where I kept a public house.  Morris Ver
 noy was  bar keeper for me,  and he has kept
 out of way for fear of being subpoenaed  on
 this trial.  I have  known  Maria Bodine  by
 reputation fbr five or she  years;  her general
 moral character has  been bad, and where she
 was  personally  concerned  or interested, I
 would not believe her under  oath.  She was
 frequently absent from  Walden.   She often
 came down by the  stage which I run, from
 Newburgh to New York,  for  three or  four
 weeks at  a time,  and would return back  by
 my stage.
   Cross Examined by M'Keon.
   I once only saw her in  New-York in the
 street. A gentleman from New-York overtook
 me on the Walden road  near  the " Half-way
 House." and talked about this.  He  had on a
 white  hat, ,and a light sack coat.   I  am now
 stayhig at 145 Washington-st, about  this trial.
 I have been once  or twice  in public houses
 with Maria.   I recollect  something of a fight
 about her,  near a wagon or  shed.  She has
 borne  a bad name for truth in places where
 she has worked, but I know only from hearsay.
  The Court here adjourned until Wednes-
 day, Tuesday being election day.
              Eleventh Day.
  The Court  opened this morning,  Wednes-
 day, with the usual crowded auditory, and the
 excitement in and about its precincts, appeared
 not the least abated.
  The defence then called
  John Tiers, who was sworn.—Am a shoe-
 maker by trade, and have  resided in Walden for
 twenty years past.  I know Maria Bodine, and
 have known her by sight for  fifteen years.   Her
 general character is  bad.  Q. From what you
 know of her would you believe her under oath ?
 A. I would not, where I thought she was inter-
 ested.
  Cross-examined  by  McKeon.—Q. What does
 people say of her ?  A. That she was a loose
 character—men said so.  I would have to have
 other  good evidence  to believe  her.  I  never
 knew her to swear to an untruth.   Q. Why would
 you not believe her on oath?   A. She got me to
 do some shoemakiug  work; about fifty cents
 worth ; I sent for the  money, and a little girl
 told me she said she would pay it; she also told
 me she would pay it herself, but she did not.  I
 know of myself, and have  seen nothing else bad
 about her, but have heard people speak ill of her.
  Dr. Peter A. Millspaugh called and sworn.—Is
 a physician, and resides in the village of Montgo-
 mery,  Orange  County; have practised forty-
 three years; I received my diploma in 1805, and
 my practice in midwifery has been extensive.__
 Q. What  are  the  signs of pregnancy, and are
 the signs as stated here, always certain.  A. I
know areola, with  papillae,  distended bowels,
 &c,  are not infallible signs of pregnancy.  I
have had them all  presented with a patient and
yet she was not pregnant; she  was a married
woman and had no reason  to conceal the truth ;
this was recently—within three weeks ;  the signs
 of suppression of menses, hardness of breasts,
 and something like milk came from  them; one
 was the wife of the Rev. Robert Lee, and the
 other the wife of Charles Miller; I did not see 
27
the milk  nor the areola on their  breasts ; they
teld me so; they had had children ; the cause of
the appearance of one was a mole ; the other a
suspension of menses for two or  three months.
Q. What  importance would  you attach to  the
mark of areola?  A.  That alone, as a symptom,
is not infallible, but along with other symptoms
it must have great weight. Q.  Can all the usual
symptoms  result from any disease or condition
of the uterus ?  A. Yes sir, from suppression of
menses and  hydatids,  and  authors  do   say
schirrus or cancer—these authorities are Den man
and Esquirol  Q. Now,  doctor, at what period
does a woman quicken?  A. There is a great
diversity of opiuion, but the  result of my exper-
ience and judgment is at from the loth-or 20th
week.
  Q.  What  reliance is to be  placed  on a wo-
man's mentioning  the sensation of fluttering?—
A. I should have no regard to it before the 16th
week; I have  had many cases of abortion,  and
the natural and ordinary symptoms are. varied.
\  Mr. Brady here  read the  testimony,of Dr.
Evans, as reported in another page.
   Witness.—The opinions of Dr. Evans I do not
coincide  with; I should  not consider the symp-
toms be gives in the case of Maria Bodine, as
conclusive, after the  lapse of the time of the,al-
leged  abortion.  Q.  Now,  sir,  what disease
would produce this  state of things?  A. Ame-
norrhcea would be the cause of flooding;  I think
the enlargement of the breasts would have sub-
sided, at the time he speaks  of, and the. appear-
ance of milk  would have ceased; Q. Do  you
know Maria Bodine?  A. I do not thiakl should
know Maria Bodine if I saw her.
   Cross examined by Hoffman for prosecution.—
I have never  had any but natural abortions in
my  practice.   Q. Do you know Montgomery,
Gooch, Dewees, Dr. Bull's, or Spratt's works on
midwifery?  A. No, I do not.   (Much smiling
among the medical men present.)  Q. What im-
portance  do you  attach to all the symptoms
named, and the well defined  areola, in a clearly
darkened state?  A. I would attach  little  im-
portance to it alone,, but should take it for grant
ed if she showed all these signs, that itwus so,
until the contrary was proved;  lam 'sure, how-
ever, I have seen  aU these signs.and yet there
was  no  pregnancy;  I  had a  recent  case in
which the  woman was  delivered ot  bytadids,
when she supposed  she was pregnant.  Q*  Did
you ever find ihe areola in an unmarried woman
distinctly marked  in the way described?  A.—
No, I never did; I believe menstruation is not
possible afterconception ; amenorrhea after  con-
ception would' produce  abortion; I havei never
known a  case where a woman had  bad  her
monthly turns, and went through the period of
gestation, and had a child.
   By Brady.—1 have-not the recoHectionxrfaiiy
case  where I ever  examined  the areola critical-
ly; Iwasnot in the habit of doing :t; I coukl
not frc :n external  examination  form: a confident
belief or opinion whether a woman was pregnant
—except  from feeling 1'ob the child: I have bo
experience of abortion produced byvinlenoe,or
the  introduction of an  instrument; none/what-
ever, aud I<beg. you .won't ask. rae about it,  the
discn&rgo af.er pregnancy oas oeen mis\ai*w «y
doctors and called menstruation, oat »oat it can-
net eaist after pregnancy is  well estafcrisfcltd;
  Thomas Millspaugh called for defence.—I am
a physician, and the son of the previous witness;
I live at Walden, and have  practised there four
or five  years; I  know  Maria Bodine and have
attended her  as a physician; she told me  she
was in the family way or thought she was,  and
she also told me the  young man's name—but I
shall not tell it unless counsel directs rae.
  The  answer was not insisted on.
  Witness.—I  examined her, and found an en-
largement of  the breasts  and a discoloration
around  the  nipple called  the  areola; she  had
the appearance of a pregnant woman; I attend-
ed her at Mr. Cook's until she left for Ramapo ;
she said  she had the gonorrhoea, and I attended
herfor that and no other disease.
  By a Juror.—Q. Did you believe  it to be that
disease V  A. She told me she had connexion
with some men who.had  given  it to her; she
was not quite well when  she left Walden for
Ramapo; Dr.  Evans  had attended her then; I
did not then, infect, nor could not form an opin-
ion ; 111 tell you the  reason—she went on to
tell me of an officer who had followed her from
the house of a noted  character  in  New York,
one Madame ResteU; I consulted my father and
he warned me; I afterwards examined her with
my brother,   Dr. Gouvernear Millspaugh ; we
found  swellings  in  her groins, &c; sbe was ul-
cerated and her back was sore from blisters and
issues, and cuppings.  Q.  From  this examina-
tion had you any doubts as to her disease ?   As
I supposed it to be  syphilis;  I think.I did not
communicate  my opinion to bet.  (Sensation
among the medical men present.)   My brother
and myself agreed as to the complaint: I took
great interest iu her case, and advised her very
.often.
  The Court here adjourned until 5 oclock.
              Evkmng Session.
  Dr.  Millspaugh recalled .—I  removed the is-
sues; I should not have used  them in miscar-
riage; her condition when I left I pronouueed
 well;  the syphilis was cured, but  she feigned
other illness, but I could not discover what was
 the matter with her; she was able  to go round
 the house before I left her.
   Cross-examined by MeKeon^—d.  Were not
yf u and this young woman prettyintimale ?  A.
 1 think we werenot.  Q. Did you ever tell any-
-one that she had venereal?  A. Icaanolsay, I
 never examined any discharges more thau  her
clothes; the stains had resemblance to-whites;
 the whitesare periodical and gonorrhoea is con-
 tinuous.  Q: Did you take five dollars from her
 for your services?  A. I took four.  Q. Did you
 lance berunder her arm?  A.  I don't recollect,
 I may have done it; I don't recollect saymgmy
,ov. i) sister,had had  a swelling under her arm;
 tl - ulcers in her threat were like a putrid  sore
 ihnvf.  Q. Did you see ulcers in  the vagiBa?
  \  1 did not examine them particularly, bat
 they were similar to those  in  her  throat?  they
 resembled saiail boils full of matter; I don't
 knew  much diiferc-inv,   Q. Does gOHOirbo*
(run into venereal?  A.  Yes, (smiling,  among
(the doctors^ present).   Q.  Had  sbe boibwh*o
 at Cook's ?   A. I am not capable of answering
 that question.  Q,. Was there not some stale-
 ment made, by Maria to you in writing or othe*-
 wise*.wdffor what purpose   A. S.e  said 1*.
 was to "-el funds for her support  from Madame 
28
 ResteU or Joseph Cook.  Q. Who made the ap-
 plication for this money ?  A. I canuot say. Q.
 Did you not come down in a hurry to Mrs.
 Youngbloods' when you heard Cook was at Wal-
 den,  and  tell her not  to let Cook see Maria,
 as if she did no money  could be got from  him ?
   Defence  objected, as the question had not
 been produced by  any direct examination on
 their part.
   The prosecution contended that  their  object
 was to contradict the witness if he denied it, but
 the Court overruled the question.
   Q. Had  you  anything to do  with  Maria
 about getting money from any one ?  A. I don't
 think I did sir.  Q.  What conversation did you
 have with Mr. Clearwater, about getting money
 from Cook?  A. Clearwater asked  me if  Cook
 was worth any thing; I told him I thought he
 was; he  said  he had an old grudge against
 Cook from  the time he had failed, as he owed
 him $40; he said he would go to Cook in the of-
 ficial character of  poor-master, and what we
 could get from him over the  $40 he would di-
 vide with me ; I then told him that I wouldn't
 mind going down to Ramapo with him when the
 sleighing came, and I would take my horse and
 sleigh.  Q.  What  were  you  to  go  for ? A.
 Clearwater was to go officially  as poor-master,
 to state the situation of Maria.  Q. What were
 you  to  get for this swindling operation?  A.
 Clearwater was to do the business.   Q. Did you
 tell Squire Hill that Maria had an operation per-
 formed on her?  A. I don't  remember; I  had
 some conversation with Dr.  Cameron in  New-
 York about  Maria.
   By Brady.—Did Maria ever tell  you whether
 that statement she  made to you was true or
 not?  A. She said it was not true.
   The Court here adjourned.
               Twelfth Day.
  The proceedings  were retarded  until nearly
 half-past 12 o'clock, for  the purpose of allowing
 counsel to take the  testimony of Amelia Mor-
 gan and Maria Walden, sisters-in-law  of Joseph
 P. Cook, residing at 29  St. Mark's  Place in this
 city.  By consent of counsel this  course was
 adopted, as these ladies hesitated about appear-
 ing before the court as witnesses.
  On the opening of the Court, the defence called
  George. W. Millspaugh, who was sworn.—I re-
side in Montgomery, Orange  county ; I  know
 Dr. Samuel Smith ; he wished me to come to
 New-York as a witness in this case"; I told him
I did not wish to come, bat I would like to hear
the trial; I asked him if he was coming; he said
"0, yes, I shall make something good out of it."
  Cross-examined by McKeon.—He did not  say
how he was to make a  good thing  out of it;  I
know Mr. Decker; I don't recollect saying to
him that Dr. Smith would make a  good  thing
 out of it.
  Peter  Sears  was  called for defence.—Mr.
Cook's auction sale was on the 16th of Febru-
ary,  1846,  at Walden; Miss Bodine went to
Goshen with my waggon on the 21st of April I
believe ; I have a memorandum book here with
an entry.
  On cioss-examination, witness said the  mem-
orandum book did not appear exactly as it ought
to because he had another in which he made en-
tries.
  Mr. Brady for defence here read the  testi
  mony of Amelia Morgan, a sister-in-law  of Jo-
  seph P. Cook—resides at  29 St. Mark's  Place,
  and visited  Mr. Cook at Walden, while  Maria
  was there ;  Maria was complaining of being ill
  then; asked her if she was taking medicine and
  she said no—witness found a box of pills in the
  house marked " Velpeau," and took them  to
  Maria ; she said they were hers; witness  would
  not have known what the pills were for, but
  there was a newspaper in the house which men-
  tioned them; witness asked her if she was tak-
  ing that medicine  and she said yes; she was
  then told to  get her clothes and go ; she was an
  excellent servant, a good dairy woman ; during
  August she was continually on her feet and com-
  plaining ; we told her she might lie by and nurse;
  she went to church very regularly;  she was in-
  dustrious and honest.
    The testimony  of Maria Waldron was also
  read by Mr.  Brady.—Witness is over 21, and tin-
  married, and a sister-in-law to Mr. Cook ; knows
  Maria',; she  had boils on her  side  at Walden,
  and was attended  by Dr. Thomas Milspaugh ;
  he lanced  one under her arm  while I was pres-
  ent; she was  a good servant; her  complaint
  was nothing but cold; I repeatedly  offered to
  nurse and attend her in  her room ; my sister
  showed me  the  box of pills ;  wheu spoken to
  about her health, she would rally and work bet-
  ter and then fall off again, but  she was a good
  domestic.
    Mr. Brady.—We rest our testimony  for the
  defence.
    The prosecution then called
    Peter T. Clearwater, who was sworn.—I  re-
j  side in Montgomery ;  I have held the office of
j  Overseer of the Poor in that county; I  know
  Thomas Milspaugh.
    Q. Had you ever any conversation with him
|  about going down to see Mr. Cook in relation to
  Maria Bodine ?
|    The defence objected, but the Court admitted
  the question to be put.
    A. Yes I had ; it happened last winter at the
  County Poor House that Dr. Thomas Millspaugh
  had a bill which he  was very anxious should be
 udited ; it was for his attendance on Maria Bo-
  dine ; he  wanted it  audited by  the superinten-
  dents of poor house for his attendance and med-
  icine during  her sickness.
    This conversation was during  a ride to the poor
  house, it was poor sleighing and we got a wag-
  gon; Millspaugh then said " if you have a mind
  we'll go down and see Mr. Cook at Ramapo."__
  Says he" you are poor master.and I've been at-
  tending this  girl for a complaint brought on by
  Mr. Cook, who has knocked her up and sent her
  to Madame Restell and an abortion has been ef-
  fected on  her person."  I think he  said "we
  might probably get the sum, we might extort
  out of him $500, and we will divide the spoils."
  I rather laughed at that, as I thought it was a
  novel idea; this  was the  amount of his talk;
  when we  returned to  rny residence he  said
  "  Well, will  you go down with me ?"  I answer-
  ed I will consider, I don't know but what it is
  likely I will, as it is considerable of an operation.
  "  Well," says he," you're poor master, and have
  granted this girl supplies, and  you have a right
  to  go  down and make a charge."  I had no
  knowledge, particularly, of Maria, but had re-
  lieved her as being sick and poor, in my  situa-
I  tion as overseer of the poor. 
29
  Q. Was the  mouey you was to receive from
Cook to go into your own pocket, or was it to go
into the funds of the town ?
  Mr. Brady objects, but the  Court said, " Let
the witness go on,  and state what occurred?—
What did Millspaugh say?"
  A. Well, he said  we might get $500, and we
would as I understood him, personally divide it:
Q. Did you accede to this ?  A. I did not acqui-
esce in the proposition and  I  never  went to
Cook's.  Q. How long have you known Maria?
A. Since last November—I know nothing against
her character.
  By Brady—I have known Millspaugh since a
boy and Cook for  15 years ; I have had no con-
versation with Cook for a number  of years; my
intercourse  and conversation with Millspaugh
had been as usual up to last April; I  was sub-
poenaed by Dr. Smith as poor master; I had a
claim  against Cook when the ride  with  Mils-
paugh occurred, of about $100, which he had
owed me for  a number  of years ; Dr. Thomas
 Mil] spaugh said in this conversation if the sleigh-
 ing got to be pretty good we  would go down  to
 Ramapo, but  I made no particular answer,  and I
 don't think we had anything more to say about
 it.
   G. C. Maclean re-called by prosecution ;—Q.
 Is this the book of Mr. Sears to which you had
 reference.  A. I think it is—I am sure it is.—
 Q. When did y ou take the last load to  Goshen ?
 A. By that book, the  3d of April;  when I sta-
 ted the 21st I was mistaken.  Q.  Would you be-
 lieve Maria under oath.  A. I would ;  she never
 told me a lie  that I know ; I  would believe her
 as quickly  as any one I know.   She never told
 a lie to my recollection.  I never caught her in a
 lie.
   Cross-examined by Brady.—I knew her from
 the time she came to Cook's.  She had the rep-
 utation of not being anhonest girl in one sense of
 speech;  I mean  a little too  much  inclined for
 company of men. Q. Had she any general char-
 acter?  A. She  had a good  moral character,
 except  with  some  people who  said  she was
 a  little loose; I never heaTd her character spo-
 ken against as respects truth, or her  not  being
 to be believed.  I would believe her as quick as
 any other person.
    The Court here took a recess till 5 P. M.
               Evening Session.
    John B. Hendricks was sworn  and  examined
  for prosecution;—I live at Ramapo and I am a
  carpenter.  I know Mr. Cook; I was called up-
  on on the 14th of April, 1846, to do some work
  at Mr. Cook's house,—carpenter's work.   I saw
  Maria  Bodine at Ramapo at Cook's  house ; he
  called her his housekeeper and he introduced me
  to her, and he told me  to act by her instructions
  as to work, her character was good, all the neigh-
  bors gave her a good recommendation.
    Cross-examined by Brady for defence—I came
  from Sullivan county formerly ; before I lived in
  that village  I lived in Neversink  : I first became
  acquainted  with Cook the last  day  but  one in
  January,  IS46 ; I had a little conversation con-
  cerning a small  affair.  The first work I did for
  him was in March. I saw him almost every day;
  he then employed me to repair the cotton mill he
  was running at  Ramapo ; I  kept the  mill in re-
  pair till the  summer of 1S46; he  was  seldom ab-
  sent more than  one evening to go down to York
one night and come back next morning.  He was
never absent but once, more than 3 days; on the
14th of April; I saw Mr. Cook take his break-
fast home;  I had an account then  against him
for work done in the house and mill on that day.
Q.  Who subpoenaed you?   A. Mr. Bowyer, a
police officer, but he did not tell me to bring my
account book with me; my book is kept like
a  check roll, I  have kept it in this  manner
over 20 years; I looked at it Saturday night last
and every day since;  I was subpoenred at Ram-
apo by Mr. Bowyer, but he did not tell me par-
ticularly what he wanted me to prove about the
girl; I am certain that the 14th day of AprU was
the first day I ever worked in Mr. Cook's house.
Q. Had you ever known Maria Bodine before ?
A. No, sir:  she was going about the house. Q.
Did she look well or look ill ?  A. Thai's going
a leelle beyond my practice, sir, (laughter). Q.
I repeat the question.   A.  She looked well and
healthy with one exception, and that was that
she looked from her face and eyes in a pregnant
state, and I was Dever mistaken about such signs.
Q. Are you married; and how many children?
A. I am sir, and there was 12 living when I left
 last night  (great laughter).  I did not form an
opinion  as to how far she was gone; that's be-
yond my province; I am on middling terms with
 Mr. Cook ;  I have no unfriendly feeling towards
 him.
    By Hoffman.—Mr.  Cook introduced Maria
 Bodine as housekeeper; he said Hendricks, my
 housekeeper is come down, and  he introduced
 me, and said I must attend to her orders;  on
 the 14th of April she looked like a  pregnant
 woman,! and I have no  doubt she was so.  Q.
 When was the first time you heard about the
 necessity of dates?  A. Last  Saturday and for
 my own satisfaction I looked  it up.
    D. Jonathan Acres, called  by  prosecution.—
 I live at Ramapo, am there 23 years,  and I fol-
 low milling business, and attend horses &c; I
 saw Maria Bodine in April, about the  middle;
 I saw her  before she came to Ramapo, at Wal-
 den ; she came to my house with a small pitcher
 for milk in April, May and June, and  she kept
 the account; in July another person, the boy or
 some other person  came  for milk, and Maria
 Bodine was absent;  I myself  say her  character
 was good in the  neighborhood; I never saw a
 blemish, in her, and among the people her
 character in Ramapo was perfectly good and
 respectable; I breakfasted  with her myself,
 about the 1st of April in Mr.  Cook's house, and
 that fixes the date ; I went up there  to fetch a
 pair of horses for Mr. Cook.  Q. Who break-
  fasted there besides you  and Maria?  A. An
  oldish lady, another girl, aud a little boy; I had
  never before seen Maria.  Q.  What was her
  general character and reputation ?  A. I do not
  know.
    Mrs. Catharine Youngblood, called by prose-
  ecution.—I live in Walden; I am the sister of
  Maria Bodine;  she came to my house in the
  spring of 1846, from Mr. Cook's, where she had
  been living from 1845;  she came when Cook
  gave up housekeeping; abrut or on  the 1st of
  April, for the purpose of repairing her clothes ;
  she went to Ramapo after fixing  these clothesj;
  she came back the 1st of September, 1846 ; she
  was then very bad, in exceeding  Ul health ;  Dr.
  Evans attended her, for some time; after Evans 
30
 quit, Dr. Millspaugh came.  Q. What was the
 difficulty she labored under;   A. While Evans
 attended her I did not bear exactly,  but  when
 Millspaugh camey I heard something about the
 Teal ■ difficulty of  the cause.   Q. Did  yon hear
 what Dr. Thomas Millspaugh said to your sister
 on his first visit,  in relation to her pregnancy
 aodabortion ?
   Mr. Brady.—We object.
   Recorder.—The truth must come out, and I
 wan't the witness to answer this question; they
 have a right to introduce this, and the  Court  is
 in favor of putting this question.
   The question was again repeated by Mr. Mc
 Keon, and objected to as illegal  and inadmissi-
 ble in evidence, as assuming a fact not proven.
   Recorder.—Answer that.
   A. I did.  Q. What was it he said?  A. He
 told her she had had an abortion produced  on
 her, and she must tell huh all about iij  or  he
 wonld do nothing  for her.  Q. Did he give any
directions as to what manner she should be at-
 tended to ?
   Defence objected and excepted.
   A. He ordered me to make yeast poultices to
 apply to her bowels, and I did so for a week.
   Witness.—I never sent for Mrs Hatch to dress
 mysister'swouDdSj or to help to dress them—
 never; It was about the first week in Septem-
 ber Maria came to my house; she did no wash-
 ing, could do no  work,  and was  unable to do
 anything:  I  have had seven  children;  Mrs.
 Hatch at no time assisted to dress my sister's
 back: nor did Mrs. Tiers, nor'Mrs. Dowling; 1
 never threatened  a prosecution against any  of
 these females: and  Maria my sister never did,
 to my knowledge; I have seen  my sister  here
 three times in New York.
  Abel Millspaugh was called,  but he did not
 answer.
  Dr. Evans was called again and appeared.
  Mr. Brady objected to the re-examination, as
 he had been most  thoroughly sifted already ; he
 had  been  perfectly  exhausted (to use a legal
 phrase) of his-knowledge on this subject.
  By McKeon.—Q. Do you know Thos. Mills-
paw ?  A. Yes sir.  Q. What do you know that
people  say of him—is his character  good  or
bad?  A. His general  reputation*—his f moral
character is>not very good, it is bad.  Q. Would
 you believe him under  oath  from all you  have
known and heard of him.  [The witness hesitat-
 ed aloug time.] Q. Would youbeKevehim un-
 der oath, sir?  A. I think not.
   Comtlius Neafie was called and examined by
prosecution?.—-I live in Walden. Orange County ;
8  years I have resided there;  I have been a j
 Justice ofi Peaco; I know Dr. Thomas MflJsi /
paugh; his general moral character is not good ;<
I would not believe him on oath where interest
or professional prejudice was concerned; I would
in these cases take his oath with very great can-
tion; I know Maria Bodine.  Q. What is her
character?  A. For  virtue  it is not good ;  as
regards  other  things I never heard any thing
against her, and Tshouid have no reason to dis-
believe her on oath.
  Cross- ■:.-' iwnir.ed  by- Broiy.—I  was'elected
Justice of Peace in 1840 and Te»e!ected; 1  have
been outofi office  some  years; as myacquaint-
anee with Dr. Thomas Millspaugh increased,
my opinion of him has got worse and worse? i
 have no unfriendly feeling towards him; I have
 had no altercation or difficulty with him; no
 bandying of words or difference; he is a very
 troublesome,  meddling  man  throughout  the
 neignborhood; he has latterly not  had a very
 good character for  chastity, for  one thing; I
 know he makes improper  statements—that is,
 lies,  untruths; I could mention  a good many
 persons who have said the same, as weUas my-
 self, beginning/with my nearest neighbors ;  Mr.
 George Tiers, Mr. Abel MUlspaagh, and others
 whom I cannot name.
   By  e  Juror.—Be  so good as to teU us some
 untruth he has told you, that proves him to be
 a common liar. A.  I have  heard many: the
 thing is quite general in public ; and  Justice S.
 Covell knows as well as myself that his general
 character is.that he is a troublesome  fellow ; in
 his pecuniary transactions he is not to be relied
 on; he has shaken a roll of blUs  under his cre-
 ditors nose, and said, damn you, get it  if ypn
 can ;  it was $18  he owed forharne&s. I should
 not believe Maria Bodine  as quick as I weald
 another person, whose character for chastity was
 not impeached.
   The Court here adjourned.
             Thirteenth Day.
   Abel Millspaugh was callpd by prosecution.—
 Lives  in Montgomery,  Orange County;  have
 been Superintendant of the PoOr.; knows Thos.
 Millspaugh.  Q. Have you  any knowledge that
 Millspaugh  had any knowledge that Cook bad
 promised  money to  any one, in  reference  to
 Maria Bodine's affairs, or abortion?
  Defence objected to the question.
   Ah argument here ensued between Counsel,
 relative to a letter alleged by prosecution to be
 hi the hands of the  defence, written  by Mr.
 Cook to Dr. T. Millspaugh.  The defence denied
 the possession of any such letter.
  Q. Did you ever see  a letter from Cook to
 Thomas Millspaugh ?  A. Never, sir.
  Jacob  'P. Decker, an elderly gentleman, was
 called by prosecution.—Lives near Walden ; has
 lived  thirty years there ;  have known  Maria
 Bodine from a child up; have always considered
 her character good, and would believe her on
 oath.
  Cross-examined  by Brady.—I  have  heard
 more about  her  character since 1  came to New
 York than I ever heard  in Walden; my wife is
 sister to Maria Bodine's father.
   Wm. P. Decker,  called by prosecution.—Re-
 sides  in  Montgomery, and has so lived  there
 16 years;  1 know Maria  Bodine,   Q. What is
 her general character.  A. I never heard any-
 thing against her virtuous character, tUl within
a year or two back, and I have no reason to dis-
believe her under oath.
  By Defence.—I am brother to last witness.—
 Maria worked occasionally at my house; she-is
 no relation of mine ; I have not seen much of
her lately; I have  heard little against her, ex-
 cept what I have heard in this city.
  Sylvanus Clyman.,  called  by prosecution.—
 Lives about a mile  from Walden; knows Maria
 Bddme ; during the last three or four years her
 character for virtue has been rather bad: but I
 would believe her on oath.
  Cross-examined  by  defence.—I  have known
 Dr. Thomas Millspaugh from a boy; he was
rather wild in  his youthful days, but  I have 
31
never heard much against his  moral character,
and I would believe him on oath; his character
is about as good as the general run in Walden,
and they are as good as the generality of people.
  Moses  Smith, called by prosecution.—I live
in Montgomery; I have always  known Maria
Bodine ;  her general character as a virgin is not
very good of late.
  Cross-examined.—I  am the  father of Doctor
Samuel Smith; Maria's  character has  been
rather bad over two  years; she resided three
years with my eldest son and his wife; but my
son Samuel lived  at that time with me; I kept
a boarding house, and I  also farmed
  Dr. Covell re-called by prosecution—I havere-
cently examined the person of Maria Bodine, I
examined  her externally with  my eyes and
hands, and internally with an  instrument called
a speculum.   Q. Did you observe any traces of
syphilis?  A. There were no traces in her groin ;
in the arm pits there had been a small trace of
a former swelling of some kind.  There was no
appearance of chancre or any venereal sore on
 her private parts.  I have had considerable  ex-
 perience in these cases, and see them everyday;
 if venereal had ever existed, there would have
 been marks;  her skin was  perfectly free from
 any appearance, whatever,  of disease in either
 groin; if there ever had been a  chancre in the
 vagina,  or a bubo in the  groin, there would have
 been some traces left,  whether  the bubo had
 burst or been opened by a lancet; there was no
 scar whatever; her throat is perfectly free frem
 disease, both in the palate and the tonsils, and
 there is no trace of any disease ever existing
 which there would have been  if ever ulceration
 had occurred.
   Cross-examined  by  Mr. Brady.—I have sel-
 dom seen a bubo dispersed or scattered,  but it
 leaves behind it a hardened state  of the gland,
 and generally a small string of indurated beads,
 like, remain as an effect; an inflamed gland will
 leave a  thickening behind it,  I  mean a  proper
  venereal bubo—I don't believe that Maria  Bo-
  dine ever  had a venereal bubo at all; a venereal
  sore in  the vagina is depressed, there is an ex-
  cavation, a hoUowuess in the  centre, with eleva-
  ted and somewhat hard edges, and at the bot-
  tom of the circle appears an  ashy colored kind
  of matter, or suppuration; I allude to a primary
  chancre ;  these chancres always exist in  begin-
  ning of syphilis, and leave a small scar  or pit,
  somewhat like the small pox, when very severe ;
  ordinarily these traces exist and continue during
  a man's or woman's life.
    By Hoffman-—Gonorrhoea, is a distinct disease
  completely from pure syphUis, and is merely an
  inflammation of the mucus membrane, and  wiU
  somtimes wear itself out. If leucorrhcea exists in
  a woman, and she neglect it and become un-
  clean, it will sometimes become so acrid as to
  communicate painful symptoms, and discharge
  and soreness, to a man, or particularly  to the
  husband,  who, of course, has  frequent inter-
  course  with her.  Gonorrhoea is moTe likely to
  wear itself out in females than in men. Whites,
  or leucorrhcea, may produce  excoriation  of the
  parts, and the female wUl  complain of  « ardor
  urinae."
    By the Court.—This  woman could have had'
  no disease of the kind, any how,  within  a year
and a half or two years but I think  and I made
a very close examination, never.
  McKeon.—The case rests with you Mr. Brady.
^Andrew J. Millspaugh, a young man, called
by defence.—I reside in New-York, I know Dr.
Thomas  MiUspaugh; he  is a distant relation,
his moral character is good, and I would beheve
him under oath.  I  never heard  anything said
against his  character nor in favor of it; I have
heard him make use of profane language, so pro-
fane as to attract my attention.
  Albert  F. Smith, was  called by prosecution.
I have known  Dr. T. M. for  12 years; I am a
farmer and drover; I consider  his  character
good, but he is wild, that is Uvely, and from
what I know of his moral character I would be-
lieve him on oath.
  Cross-examined by prosecution.—I am not inti-
mate with  him; be is wild ; he uses consider-
able profane language;  I never was on a  spree
with him.
  George Millspaugh, recalled by defence.—Dr.
Thomas  Millspaugh is a relative of mine ; his
character  is  very good; I would beheve him
under oath.
  John E. Gooches, called by defence.—Knows
Thomas MiUspaugh; his general character is
good.
   Several of the Jurors here expressed a decided
opinion  that they had  heard sufficient of this
line of testimony.
   Afr. Sears was recalled by defence.—Thomas
 Millspaugh talks considerable, but I would be-
 lieve him on oath.
   Cross-examined.—He  swears  a  little, and  is
 called " a wild boy." and goes about with the
 girls a little too much; so people say, consider-
 ing he is a widower.  He does not  always pay
 his debts, and people have expressed a good deal
 of dissatisfaction ;  I have heard of his borrow-
 ing money and refusing to pay  it back, and he
 wiU tell  stories, lies, so the neighbors aU say.
   Moses Yerks, was  sworn  by the defence.—It
 was along about the 21st of April that Mr. Cook
 went to Goshen, and I afterwards took  Maria
 on her way to Ramapo a short time after.
   Cross-examined by prosecution.—I am not cer-
 tain from any particular circumstance about the
 exact date, as  I have nothing to  fix any one day
 in my mind,  except I left  Peter Sears  before
 April was through  or expired.
   Dr. Millspaugh, sen.,  was caUed by defence,
 and the Court  then adjourned untU 5£ o'clock.
               Evenino  Session.
   At the  assembling of the  Court at half past
 5  o'clock, Juror Job Chandler complained  of
  illness,  and the Court adjourned.
               Fourteenth  Day.
   The defence called Dr. MiUspaugh, sen., who
  testified that he  believed that a bubo might  be
  dispersed  without leaving  any trace; but that
  he  had  never examined a female with venereal
  in his life.
   Dr. Samuel  M. Watson  also stated that  he
  believed that venereal bubo, chancre, and ulcers,
  could all be dispersed without leaving a trace.
    Dr. Cornelius B. Archer, Dr. Pratt, and Dr.
  Chas.D. Smith, concurred with  the last witnes »
    The testimony wa6 then all closed, by consent
  of counsel, on both sides, and the Court adjourn-
  ed lo Monday 
32
                 Fifteenth Day.
   Monday, Nov. 8.—The testimony having tieen en-
 tirely closed on Saturday night, James  T. Brady,
 Esq., by previous agreement among all the counsel,
 proceeded to address the  Court and Jury on the part
 of the defence.  On rising, he proceeded as follows :
   May it please the Court, and Gentlemen of the Jury.
 I wish you to give me credit for sinoerity, when I fay
 that it was neither my wish, nor my intention in the
 first place, to address any remarks to you in this case.
 I would have  been glad of being excused doing so, al-
 though it might have been ungenerous in me to impose
 the whole of the duty on the gentleman who is asso-
 ciated with me in the defence.   As far as I am con-
 cerned, as counsel in the case, I consider it my duty to
 state, that I have never known gentlemen to continue
 their attention so unremittingly to a case as you have
 done  in this, from its commencement to the present
 time.  I am persuaded  that in the remarks which  I
 shall be called upon to make to you, and which shall
 be made with  no other purpose  than to refresh your
 recollection, and throw  some light on the case, that
 you will think it is with that view, and that alone that
 I address you—with no desire to make a display   I,
 therefore,  beg of you, gentlemen, that if in the course
 of my remarks you think me to be guilty of error,you
 will have  no hesitation  in correcting me; and I will
 take the liberty, on the other hand, if I  do not see the
 jury give  me  their attention, to  say I shall have no
 hesitation in informing them of the fact.  Now what
 is the charge against the defendant in this case ? This
 is the point to which I shall first direct your attention.
 I shall not  read to you the indictment in the  case—
 suffice to say that it contains a number of counts, each
 of which is for manslaughter—that the  accused com-
 mitted abortion on  the  person of Maria Bodine, she
 being at the time pregnant with a quick child.  It is
 on a charge of manslaughter in  the  first degree that
 the defendant in this case is being tried, the penalty
 of which, in c;t*5 it should be substantiated, is punish-
 ment in the State prison for not less than four years
 and  not more  than  seven.  Having thus called your
 attention to what is the  charge  in  thi3 case,  which
 you are sworn to try, and relying with confidence on
 'he fact that  you will confine your attention to the
 racial charge  before you, and nothing  else, and will
 40t allow your minds to be swayed by anything which
 does not directly bear on the charge, I shall proceed to
 the points  which are necessary to be established in the
 case.  The first of these is pregnancy.   It is  to this
 branch of the case that I have given my attention, and
when I present you an  analysis of the testimony on
 this point, I will leave the counsel for the prosecution
 to show to you the mistakes into which I have fallen,
 or I must fail.   It will b« necessary, in the first place,
 for the prosecution, before they can hope for a verdict.
 for them to prove—first, that the principal witness in
 this  case  was pregnant; second, that the child  was
quick ; third; th.ib there  was an abortion by unlawful
 means; and, fourth, that the abortion  was produced
 by the defendant; that it was an abortion not produced
in the course  of nature, not  by the  act of  Maria
 Bodine herself, but by the defendant, who is charged
with so doing in the  indictment; and in the last place,
the prosecution must prove and establish, that the de-
fendant committed  the  abortion  with  the unlawful
intent to do so.  It is necessary to have all those points
established, before the jury can render a verdict of
guilty in the case   Having seen what are the charges
in the case— what points  it in necessary for the prose-
euti»n to prove, I will inquire, in the next place, by
what kind  of  testimony  must these points be estab-
lished 1 The  proof on each and  all ef these points
must  be so conclusive as to exclude any  reasonable
idea  that the  defendant  is guilty.  The prosecution
present themselTes here  to establish a crime against
the accused.  They come in armed to the teeth—they
oome here invested  with full power to produce such
testimony  as  in their opinion  they may require  to
prove the offensp in #ucl»  manner as to leave up doubt
 in the minds of the jury.  And if afterwards the jury
 entertain a  reasonable doubt  on  any  branch of the
 case, as a inatter of course, law and justice require
 that they should render a verdict of acquittal.   Now,
 gentlemen of the jury, the rule applies in civil as well
 as criminal cases, but in the latter particularly, and it
 is laid down  by the best writers,  and recognized by
 the  highest  authorities, it  is  not enough that  the
 proof be consistent with the idea of guilt, but it must
 be inconsistent with the idea of innocence, and if there
 be any doubt, the jury are bound to render a verdict
 of not guilty.  If there ever was a case of this  kind,
 it is the one now before this jury—if  there was a case
 where this principle should  be adhered to. this is the
 case.  The prosecution have had here all the  powers
 they desired to prove their case. They have had the
 Chief of Police—they  have  the District Attorney—
 they have had the  whole  Police force  of the City and
 County of New York to aid them in  this case.  It is
 not often that such  great zeal  is manifested; but in
 this case, because it  was supposed some great object
 was to be attained in procuring a conviction, the whole
 power of the State,  of the  city, and the  power of
 Orange county, were  all enlisted in an attempt to pro-
 cure a conviction.  Therefore there was no doubt of
 the power of the prosecution  to sustain the allegations
 in the oase, if they could do so; they must be held to
 the performance of it to the strict letter.  How has
 the defence stood in  this case?   How  different has it
not been to the case  of defendants ordinarily brought
here ?  Have  you,  gentlemen of the jury, net known
 that until the time we came into court, we knew not
what we would be called upon  to answer ? We had
the indictment, to be sure. We were told in the  mys-
tic language of the law, that the defendant produced
an abortion  on the person of Maria  Bodine, in -the
month of July, 1846; but on what day, how, at whose
instigation, or of  anything   of  the  history of  the
offence,  we were not informed.   There was no preli-
minary  examination.   No opportunity  offered us to
oonfront the  witness who swore to the  charge.  No,
 she was quietly reposing  in  the  arms of the prosecu-
tion, weak and debilitated as  it said she was, both in
body and mind.  They had  her iu  the  house of Mr.
 Nevins, and in the house of Mr Smith, so secluded
 that no one was permitted to  see her,  or get a glance
 even at  her, except  some person connected with the
 prosecution.  Doctor Smith, who is destined to figure
 somewhat extensively  in this case, had, however, an
 opportunity  to see her.   Dr. Bedford made a  visit
 there, and other persons  interested in sustaining the
 oase of  the prosecution, were permitted  to see  her •
 but the first time that we couM  look on her, was when
 she was present in court. Even when we  looked for
 the defendant, we found her locked up in prison.   Mr.
 Cooke (her alleged seducer)  was arrested on the same
 proof on wiich the  indictment  was framed, but on
 what proof it was, the prosecution have not yet shown.
 We had to grope about in the dark  for the purpose of
 discovering under what circumstances the prosecution
 intended to charge us; but don't want  to detain you '
 with them; we have  only to tell you that the prosecu-
 tion are bound  to make out their case, and  that iu
 defending herself,  the defendant has not had all the
 means which  the  law intends.  I  will  now ask  by
 what kind of  proof must the accusations in the case be
 sustained? by what  kind of proof in civil  cases, and
 in this case?  I suppose it will  not be denied, as an
 ordinary rule, that no  witness shall be  placed on the
 stand whose character  is not pure and spotless   Yet
 to this rule there must be exceptions, and I admit that
 in proceedings of this kind such an exception becomes
 necessary.  It is admitted, however, to be the last re-
 sort of  the law, and is never used when the same tes-
 timony can be obtained in the ordinary way   And in
 such cases, the jury are  always instructed to receive
 such evidence with allowance.
  I think 1  mentioned to you in my  opening, the ex-
 tent to which  the courts of England went in this
 re?.p*.c v 1Rhowed y°u a oase ^en a witness was not
 called by the prosecution, and Lord Denham called the 
33
prosecutor to swear such witness.  The prosecutor
slid in reply to the judge that the witness was sub-
poened for the defendant.   But, said  the judge, his
name is on the prosecutors papers.  The witness was
not in court, and  for want of his testimony, the judge
directed a nolle prosequi to be entered in  the case.
Although  I would be the last man to disparage the ad-
judication of law and justice in my own eountry, yet I
will »ay, without the slightest fear of contradiction,
and as  the result of my reading,  that although juries
are the same in every country, if  in a criminal case I
was to be tried for my life, and wanted to be guarded
against improper influences, or against public feeling
or prejudices, I would be tried in England in preference
to any  other country.   It is  supposed that when a
jury take their oath, they are to  look to the  evidence
on which to render their verdict, and not on what they
hear out of doors.  There is another rnle  or  evidence
applicable to all witnesses, to which  I  will direct the
attention  of the court, and in respect to which my
associate will ask the  judge to charge.  It is a rule
which, applied to this case, will admit in its full force.
It is comprised  in  the Latin words, falsus  in uno,
falsus  in  onmes, that a witness who comes  into a
court of justice and in any point wilfully states a false-
hood, is not to be believed at all.  This is a rule of law
and justice, for I will ask you if you find a witness
lying to you, to what  portion of her statements will
you give credit?  Hew can you discriminate  between
the truth and the falsehood?  It  is impossible; and I
ask that the rule shall be applied here;  and if so, when
we come to examine we shall find that there  will not
be much difficulty in adapting it to the principal wit-
ness in this case.  Again, there is no rule of  evidence
not applicable to Dr. Mott, or any other distinguished
man, which is not applicable to  this case and to the
defendant—the rules of evidence adapt themselves to
everything, except the exigencies of the case.  More-
over, it is necessary to adapt them with great exact-
ness.  I take for example a case of rape, or bastardy)
(or that very case which is now on trial here,) which is
a common case.—The woman goes before a magistrate
and swears she is pregnant by one of you, and yet if
you will search the records of our courts in New York,
you will find a number of instances of this kind, where
in the cross-examination of the witness, so much has
been found wanting, and so much contradictory, that
the person would not be put on trial.  I would ask to
what test could you submit a witness in such a case ?
You can't disprove the charge, except  by the witness
herself, and she would not be guilty of the insanity of
denying what she before swore to.  So iu a case of
abortion^ the witness will swear to the fact, and unless
her testimony can be shaken in  some  parts of it, you
cannot disprove it.  This was remarked in a case in 3d
Hill, which I referred you to—a case which would
amaze you, and you would wonder how the jury could
convict the party in it.  The witness swore  that  a
captain had  attempted to have intercourse with her,
on an excursion, several  times—that when she arrived
at the captain's house, she went in and saw his-family.
and spoke of the pleasant time she enjoyed; but after-
wards swore that the same man had committed violence
on her.  Now Chief Justice Bronson, in that case, said
that, it, or similar cases do not call for a relaxation of
the rule of evidence, on the contrary, the court and the
jury cannot  be too particular  to  guard themselves
against the feelings which generally influence people's
minds  in such cases.  There  is much greater danger
that injustice may be  done—that  there  may occur
cases in which jurors may think themselves  bound to
credit that which should not be credited, more particu-
larly if such is unsupported by good character.   In the
next plaoe, having seen what are the rules of evidence
which  control your deliberations in this case, and I
 now ask what kind of proof has been given?  What
 has been the testimony  of Maria Bodine 1  What has
 been her character, or her disposition to tell the truth
 at all ?  1 admit at the onset that she is the individual
 at whose solicitation the operation was committed, and
 iwears, in point of fact, that she was pregnant with a
quick child, when she never could have believed so.
Now, it will not be denied that, if the testimony of the
witness is applied to the rules of evidence I have laid
down, that it is not enough to warrant a conviction.  I
ask the gentlemen of the jury if, on the testimony of
this witness, they would be willing to have their  repu-
tation  or their property taken from them?  Would
they be  willing that, in a civil action,  it should be
taken from  them by testimony of this character?   Nor
could they for a  moment think of a conviction in this
caee.  The  proof must carry conviction with it.  Now
what does the law require in regard to witnesses who
admit guilt of any crima?
  It is not enough that  there must be a corroboration
of the main facts in the case, or the circumstances from
which  guilt or innocence may be inferred, but of facts,
the presence of which exclude  the idea of innocence.
Mr. Brady  then referred to a rase in 263 Barber, where
an accomplice to the commission of burglary stated in
evidence the particular manner of the burglary, yet
subtequently it was found that  although the means in-
dicated were used yet a conviction could not be  had ;
and in this case, the prosecution, continued he,  think
that because the details sworn to by Maria Bodine are
evidences of abortion, that therefore as a necessary con-
science, the abortion was produced by the person on
trial.  I remember many years ago, when I was a boy,
present at a trial at the old Court of Sessions, and lis-
tened to the remarks made by my learned friend (Mr.
Hoffman) on this very subject of corroboration.   T re-
collect his  telling the jury an anecdote forcibly illus-
trating it. It was to this effect.   An Indian sold a deer,
which  he represented as being  in a boat on a stream
far  distant. He described the  manner in which the
boat could  be found—liow you were to  go through a
field, then through a wood—how you were to enter the
wood, how  to pass through it, how to reach the stream
where the  boat was.   He was corroborated in  every
particular  except the deer—the part of Hamlet was
omitted.  (Laughter.)  So in this case.  Maria Bodine
is corroborated in going into the defendant's house, in
coming out of it, and in the other details, but in the abor-
tion she fails, as the Indian did in the other case.  Now,
gentlemen  of the jury, I will put this question to you :
Is Maria Bodine's testimony so credible ?  I say it is
not, and I shall give you my reasons.  In the first place
she convicts herself in refusing to answer the questions
we put to her, or by the facts which she testified to in
regard to  her  connection  with Cook.   In the first
place we put the question to her, whether she had the
venereal disease when she was living with Mr.  Cook,
and she  refused to answer; and for what  purpose  I
will explain.  The prosecution, however,  asked her
whether she had the whites.   "Yes," she  says, "for
three years;" and  Dr.  Smith  was asked whether he
did not attend her  for it.  " Yes," he replied, " hs at-
tended her for a disease  which he thought  was the
whiies." I know  that very frequently, as in this case,
a woman who declines to answer questions of this na-
ture—I know that  ingenious  counsel do make cases
which the  witness herself never heard of.  In the next
place, and  in anticipation of remarks which I expect
to  hear  at the close of this case, about women  being
seduced.   I will remark that although  perhaps you
may have heard intimations some time or other to the
contrary, there is an idea prevailing that I don't hold
the character of woman in as high an estimate as my
fellow men.  I beg permission to set myself right by
asserting the contrary, and if a strict investigation was
made, it would perhaps be found that I like them toe
much.  I believe that  woman and Christianity are the
only things that keep men from devouring  each other
 like wolves.  I  believe if there be anything human-
 izing on the face of the earth—anything  which pre-
 vents men from becoming wolves and tigers and prey-
 ing on each other, it is woman ; but I say this—there
 is  an essential  difference  between women and  men—
 in  this respect, that woman may be destroyed for ever
 in  that in which a man may he good.
   Mr. Brady then proceeded  to show the manner in
 Which the charaoter of man  and  that of woman  is 
34
formed.  The man has te devote himself to business
of some kind  to  obtain a living; day after day his
interests come in conflict with those of his fellow-men,
and hia moral character is tested by his general con-
duct.   In inquiring into the character of a man, the
questions are  asked—Does  he discharge his obliga-
tions 1 is he a man who states the truth ? is he a man
who has regard to his obligations ? is he a man who is
disposed more or less to  religion ?  All  these things
indicate a man's moral character.  But how is it with
women ?  Within what sphere of influence,  I would
ask, is the character of woman formed ?  There are
women engaged in business, and their character must
be tested in the same manner as that of men; but the
character of other women must be decided by chastity,
and those traits which manifest themselves in private
life.   There is no man who has lived even to my time,
but who will admit that the temptatious  that lie in
the paths of men are infinitely greater than those of
women. There are men who stumble  frequently, and
they will perform what is right rather than be shamed
among their fellows.  You  know there is among men
what is considered a sense of honor, that leads them to
do their duty—that will not allow them  to  do a mean
action; and if you put those men  on the  stand in a
court of justice, they will shrink from the cowardice
of stating what would deprive his  fellow-man of his
rights.  Much as is stated about men committing per-
jury,  I assert that such instances are  uncommonly
scarce.  Take a bad man, put him on the stand, and as
long as he has one feeling of a man, ask him if he is
willing to immure you in a State prison, and he will
say no. He will lie to take your money from you, but
he will not  do.  That as regards women, when  they
part with their chastity, disgrace and infamy follow
them  through life.  If she should be false to her mar-
riage  vows, she will have her paramour by her side,
and will pollute  the presence of her  lord and master
by him.  Such is not the character of man.  However
false he may be, he will never do this.   In this respect
they differ, because chastity is the basis of character
in one instance:  and when  that  departs, no reliance
can be placed in  her that loses  it.  Mr. Brady then
went into a further and thorough analysis of the testi-
mony of the witness Maria  Bodine, and  after having
spoken for  four  hours,  concluded;  whereupon the
Court took a recess till 5 o'clock.

                 EVENING SESSION.
  The District  Attorney, on the meeting of the
Court, arose, and proceeded to address the jury in sub-
stance as follows:
  Gentlemen of  the Jury—It becomes  my duty, as
counsel in behalf of the people, to present to your
consideration the circumstances connected with this
case,  and grounds upon which I intend to  ask for a
conviction of the prisoner; in doing which, it may be
proper to remark, in the first place, that I am appre-
hensive, from the powerful appeal  made by the elo-
quent counsel engaged for the defence, that your minds
may have been diverted from the real matter we have
in issue, and presented to you a variety of questions,
when, in this drama, there is but  one,  in which you
are called upon to render your decision.   The name of
Caroline alias Ann Lohman, alias Madame Restell, the
person now on trial, in some unaccountable manner,
appears to have been abstracted from your sight, and
that  of another victim,  Maria Bodine, substituted.
The counsel for accused, who has just addressed you,
at the conclusion of his remarks, made an able appeal
to you on the  propriety, yea, even the  necessity, of
Steeling yourselves against public opinion, and charges
were made by  him against every officer of justice who
has had anything to do with  this case, and against the
police generally,  and allusion especially to the intense
anxiety manifested, and the desire to be distinguished
in the conviction of this woman, and entreated you not
to allow the influence of public  opinion to enter the
jury box.  The District Attorney, after  making a few
other remarks relative to the anxiety manifested by
the counsel for the defence, proceeded to give a detailed
statement of the manner in which the offence in ques-
tion was brought to the notice of the authorities here,
and the course public officers had pursued in conduct-
ing the prosecution;  in the course of which he re-
marked, that in the month of August last, a communi-
cation was received from Walden, Orange county, in
relation to the  case,  whereupon an officer was des-
patched to attend to it, which  resulted in Maria
Bodine coming to this city, and being placed in the
house of Mrs. Horton, so that  she could not be ap-
proached by any one; that after remaining there  a
short time, she was removed to the residence of a Mr.
Nevins, with a view of allowing no one to reach her;
that the public authorities were right in placing her
in a situation where she  could not be seen by any ex-
cept a few honest  persons, who  were endeavoring to
bring the prisoner to public justice;  that  while at
Mrs. Horton's, the witness, Maria Bodine, was brought
before the Grand Jury; neither the District Attorney,
the Mayor, nor any public officer, had  any interview
with her at that time, and she was thus allowed to go
before the Grand Jury and tell her own story.  She
did tell it, and it resulted in Madame ResteU being
indicted on the 7th of September last.  On the 10th
she was  arraigned, and  plead  not guilty, and then
notified that she  must prepare for trial, as it was the
intention of the  prosecution to  try  her in the course
of a few days.  When the day set down for the trial
arrived, the prisoner's counsel madeanapplication for
a commission  to procure the testimony of Luther
Maillard  and wife, then  residing in Massachusetts;
also, one Horace  Armstrong, represented  to be living
in New Orleans, which application was  denied;  and
the cause w.-.s  finally set down  and brought to trial.
The indictment,  charging the accused, Ann Lohman,
alias  Madame Restell, with having, on the  19th of
July, 1846, by means not clearly known,  produced an
abortion upon the person  of Maria Bodine, then preg-
nant with a quick child, was then read by the District
Attorney, who next proceeded to  state to the jury that
it was their duty, first, to find whether Maria Bodine
was pregnant  or not; secondly,  if pregnant, whether
she was pregnant with a quick child; thirdly, whether
an  abortion had  been produced  upon her; and last, if
so, whether the prisoner had produced that abortion.
Gentlemen, if you shall be convinced, from the evidence
adduced and the  remarks which I may present for
your serious consideration, that the prisoner is guilty
of having produced  an abortion upon the person of
Maria Bodine, while pregnant of a quick child, then
she is guilty of manslaughter in the second  degree.
If, on the other  hand, you have doubts as to Maria
Bodine having quickened with child, then we fall back
on  the common law, which makes the offence a misde-
meanor.   Now, let us look at the aspect of the present
case. In the first place, the law allows you, in arriving
at such a conclusion, either to  take the evidence of
Maria Bodine or not.  Well, without her testimony, I
contend that the case is clearly made out—but there
can be no doubt, gentlemen, but that she is a compe-
tent witness, notwithstanding the circumstances  that
she comes before you as  an accomplice ;  and as a pre-
cedent, I will take  the authority of Justice Beardsley
in the case of Madame Costello; and according to that
decision, the uncorroborated testimony of Maria Bo-
dine moy be received in evidence—it requires no evi-
dence to support it; but  I adduce such additional testi-
mony and deduce the fact of the commission of this
crime ; but I presume I shall be  told that our witness,
Maria Bodine, is  a woman of bad character.   The
counsel begins by requiring of me, a pure and unsullied
female, to go on that stand to testify against  the pris-
oner.  This, I know, you know, we all know, cannot
be done.   He then assails the woman who has lost her
virtue, and asks me  as public prosecutor, to bring
corroborative testimony of a positive character.  How
am I to do this ?  Will others, who have been subjected
to  the  same treatment  as  herself  voluntarily come
forward  and testify against  her ?  Am I to go down te
that den in Greenwich  street,  to find other fiend-like
beiBgs for  this  purpose?  Am I to take inmates'of 
35
■voi--'» thac a brothel, to prove what I desire?  Is it to
be Madame Restell's servants that I must take for that
purpose?   Why, gentlemen,  do  you for a moment
suppose  that  Madame Restell is the woman  who
would allow any of  her servants  to be present and
witness her operations '  Not she  ; I say there is not
a human heart who could stand  by, and see the writh-
ing agonies of those  who are operated upon.  Who
is there but Restell  and her victim in the room at the
time of the operation ? No one.   We are  not to be-
lieve thr     - allows any being to witness it.   She who
knows t'.i,  ...# so well, takes good care to manage this
part of the business, and when the  poor victims leave
her den, mark what she says  to them by way of cau-
tion.  " Speak not of it to any one  ; be silent; be qui-
et; for the act will consign  us both to  the State pris-
on; mo for performing the operation, and you for sub-
mitting and causing to have it done." Now, if you say
by your verdict that you will not believe Maria Bodine,
Restell and each one of those wretches engaged in simi-
lar infamous pursuits will thank you for your decision,
for it makes them safe; because they well know that
this girl or any other victim cannot,  or rather would not
be believed. The District Attorney after offering some
remarks to the jury relative to their duties, proceeded
to read the testimony of Maria  Bodine,  so far as re-
garded her first acquaintance with Mr.  Cook—her
residence  in his family—her intimacy and  criminal
intercourse with him—the  period at  which she  dis-
covered herself to be pregnant—the symptons attend-
ing it—her visit to  Madame  Restell,—Dr. Coles—her
return to  Ramapo—her second visit to this  city ac-
companied by McGann—her second interview  with
Madame  Restell—the amount  of money alleged to
have been paid for producing the  abortion—the man-
ner in which the operation  is alleged  to have been
performed, &c.  After which he resumed his remarks
as follows: Now, gentlemen, if this girl, Maria Bodine,
had  been  the worst woman living, if she had been rot-
ten, as it were, with disease, and  completely abandoned,
it is  utterly impossible for  any human being to invent
such a story as has been told by her. Let us for a mo-
ment suppose  a country girl coming here and describ-
ing  all that is to be secu in  the interior of Madame
Restell's,  with more  minuteness than the most success-
ful clairvoyant; and as regards the object of her visits
there, she introduces so many persons and so many cir-
cumstances, that their occurrence cannot for a moment
be doubted.   Again, the counsel for the defence con-
tend that the girl, Maria Bodine was not pregnant.  To
settle  this point, we  have the signs of pregnancy as
they existed and are described by Maria  Bodine as
well as by Dr. Coles.   iSeveral medical  works  were
next referred to for the purpose of proving the prob-
ability of the  child with which  she was then pregnant
having qnickcneil.  The testimony of Drs.  Gilmun,
Bedford, and others  was also introduced for the same
object;  the character and  extent of the disease with
which Maria Bodine had been  afflicted prior, and du-
ring rirvl Mil>Kcc|unnt to her residence with  Mr.  Cook.
The District  Attorney next alluded  to the  fact that
notwithstanding  the  extraordinary efforts that  had
been made, regardless of expense,  to impeach the tes-
timony of Maria Bodine, but five persons had come
forw;ir' from Orange county and say  that they would
not believe her when under oath.  Under  these  cir-
cumstances, as  they have lieon presented  before you
for your consideration, I ask for a conviction of  the
prisoner.

                 Sixteenth  Day.
   Tuesday MonNwo.—At  the opening of the Court
this morning,  David Graham, Jr.,  Esq., of counsel for
the defence, commenced hi> argument in defence of the
accused.   It  consisted principally of points of law
quoted from n~' ' - v;wted by a number of authorities
in  England an!  :ie  United States.  He in  the  first
place directed the jury to the charge in the case, and if
the jury did not admit that it is somethinga-piece with
the mode in which the evidence has been presented he
would acknowledge that he had mistaken their intelli-
gence, for it is as great a legal curiosity a* he ever saw.
His associate had said that he did not intend to say
anything in regard to the legal construction of the
offence ; as far as he would make his remarks, he would
assume it to be a good legal document. The law of
c:rhteen hundred and forty-five he referred to the sta-
tute passed on the subject of producing abortions,
which, if \ve  judge from its language, made it*-nan-
Blaughter in the second degree  to administer anything
to destroy a child in its mother's womb. The legisla-
ture passed that section of the law, under which it is
supposed this indictment was found, and that provides,
that any person who administers anything to destroy a
child or  uses any instrument,  shall, in cases of the
death of such child or its mother, be deemed guilty of
manslaughter in the second degree.  The meaning  of
it is, that if you administer anything with the intent
to kill the child, you shall be deemed  guilty of  man-
slaughter.  At common law it was not manslaughter to
take means to destroy  a quick  child, and this  statute
was passed  with a view to supply the deficiency in the
common  law.  He would assume  the common law
ground to administer the  means to destroy a child, but
that it was  not a misdemeanor to do so except when the
child was quick.   The statute of 1846 says it shall be
manslaughter in the second degree to administer, &c.,
with intent to  destroy the child;  provided that the
destruction of the life  of the mother or child be effect-
ed ; and the statute of 1845 makes it a misdemeanor  to
administer, Ice., with the intent to destroy life or not—
Let us see, said Mr. Graham, under what statute the
defendant in  this  case is indicted.  The indictment
contains five counts.  It is alleged in it, that the defen-
dant administered to Maria Bodine a large quantity of
medicine, with the intent to produce a miscarriage, the
said Maria  Bodine being pregnant with  a quick child,
by which it was destroyed.  The guage of the statute
is, that the means must be used on a woman pregnane
with a quick child, with the intent to destroy it.  Now
the charge is here that the defendant administered the
means, not  with the intention of producing the death
of the child, but miscarriage of the mother.  This is,
therefore, not an indictment for manslaughter, for the
reason that it does not charge the means used for the
purpose of  producing  miscarriage, to have been used
for  the purpose of producing  the  death of the child.
Mr. Graham then referred to several authorities  as to
the allegations which are necessary in an indictment.—
The prosecution, he said, have charged that the defend-
ant  has  administered, &c, to a woman quick with
child; but  the intent to destroy the child is not charg-
ed.   The mere allegation  of manslaughter on the back
of the indictment, is nothing.   The substance of the in-
dictment is, that the party is guilty of what is a misde-
meanor in the second section of the statute.  The jury
are trying  a  case of misdemeanor only, and it cannot
be made other than an indictment for felony.  He then
said, that he should ask the court to charge, that whe-
ther the indictment is founded upon the statute of 1845
or on the common law, in either case the matter charg-
ed amounts only to a misdemeanor.  We have the in-
tent appropriate to the crime of misdemeanor alleged,
and that only, and he would aok the Court to charge
the jury that they cannot convict the accused of a mis-
demeanor under un indictment for a fehuiy,because the
misdemeanor is merged in the  felony; and again be-
cause conviction of a misdemeanor would not be a bar
to a prosecution for the felony.  This was the amount
of the gentleman's argument on this point, which took
him a long time  to explain.  He  then went over the
same ground which was  travelled by his associate  on
the preceding day, and insisted that for want of corrob-
oration in the testimony  of the principal witness, the
defendant must be acquitted.   The counsel went into
an elaborate  discussion of this point,  and contended
there was no  corroborative testimony.  He concluded
that the only attempt at corroboration was. by the wit-
ness Cook,  who himself needed corroboration, being in
the same predicament with Maria  Bodine, and under
indictment in this case.   In regard to the medical testi-
mony, he contended it wag so conflicting that it was as 
36
favorable to the defence as it was  to the prosecution.
He  then reviewed the points  of the prosecution, the
matter charged and the proof that should be given, all
of which was in his opinion inadequate to  convict the
defendant.  He concluded by appealing to  the jury to
render a verdict of acquittal, irrespective of every thing
but their oaths and their duty.
               Seventeenth Day.
  Wednesday, Nov. 10.—At  the opening of the court
this morning, Ogden Hoffman, counsel for the prosecu-
tion, commenced his summing up argument before as
many persons as  the court could well contain, without
being on each other's heads. Mr. Heoffman commenced
—May it please the court, gentleman of the jury, I cer-
tainly congratulate you and myself, that  we are  fast
approaching the termination of this difficult and pro-
tracted case, a case which has been disgusting in its de-
tails, however interesting it may have been to the public,
or beneficial in its effects on the community. A poor un-
educated girl, whose experience of the world is confined
to the village in which she was born—poor, uneducated,
and inexperienced with courts  of justice,—without mo-
tive or gain, without any advantage to herself, be the re-
sult of this trial what it may—that such a girl should
accuse persons of crime and come into a court of  jus-
tice and narrate the story which she told of her erring so
truth-like as to carry conviction to the minds of all, and
yet, that such a  story, without any motive, should be
deemed false from beginning to end, i3 one of the most
miraculous occurrences that ever took place in a court
of justice.  If on the other hand, this girl has come into
court as a victim of brutal violence—if telling the story
of her wrong, she knows all her words to come from the
fountain of truth, and wished  the counsel to place her
on the witness stand and submit to the rack of a cross-
examination, then I say  there never was  a stronger
case.  Before proceeding,  however, to examine the tes-
timony, let me direct  your attention to the mode in
which the  defence in this case has been conducted.
From the first moment of  the trial to the  present the
prosecution has  been  assailed, and accused of  acting
unworthily of themselves.  The public prosecutor has
been assailed in terms unmerited, in my  opinion un-
just.  What private grievances  the counsel who last
addressed you: what personal differences may exist be-
tween him and the public prosecutor, I will only say to
him in sorrow more than in  anger, that  it would be
more decorous, and I would add, more manly in him to
hare settled those differences out of a court of justice,
and not bring them here to impede the course of truth
and mislead the judgment of the jury.  We have al-
ready yielded almost every thing—yielded so much, is
fact, that it almost considered by the pnblic that we
desire to yield even our  claim to  a conviction  in the
case.  We  have done so from  no fear of consequences,
but we believed that  it would best subserve the  ends
of justice ; and  I may take occasion to say here  that
the public  look  to him to perform the duties  of the
office he holds; and to the gentleman who has made the
assault on him and partially on me, I will say, as Dan-
iel Webster said to Mr. Dexter, " You had better en-
deavor to establish the innocence of your client,  than
to cavil with the mode in which the prosecution is con-
ducted."   Gentlemen, in the  whole of the arguments
presented to you by the counsel for the defendant, and
especially  by my friend who first addressed you, you
have been told that this ca^e rested entirely on the tes-
timony of the girl, Maria Bodine; and the  whole efforts
of the defence have beeu  to break it down, aud  show
her to be guilty of being unchaste. I shall, in the first
 place, endeavor to show the guilt of the accused, inde-
 pendently of the testimony of Maria Bodine; that, if
 Maria Bodine had passed  away from the World—if she
 had been relieved of her sufferings and her agonies, and
 oarried  to the grave, where  the  " wicked cease  from
 troubling and the weary  are at rest," even then, on the
 other testimony in the case, I should ask  a conviction
 at your hands.  Did that girl, who is the chief  witness
 in this case, go to the house of the defendant for the
 purpose of consulting on diseases to which women are
incident? No. And how is it proved? By her testimony?
No : but by the testimony of Dr. Coles, who says she
came to him two days after and inquired her situation,
and he pronounced her pregnant. If, therefore, she went
to Restell's house and Restell demanded more money
than she had, as has been sworn to by another witness.
that the same motive continued when she went to Dr.
Coles and he proves her object was to know her situation,
and he pronounced her pregnant.  She returned, I will
not say when, because that involves her testimony; but
she came again to New York, and what is McCann's
testimony?                              _„
  Now, what does he say ? He says, he took $40, went
to Restell's house, and  inquired for this girl; Restell
came to the  door, and said  she was up stairs;  she
called her down, and he had a conversation with her.
He gave her the $40 and then left.  Where  did  you
get the  $40 from?  From Joseph Cook.   What, then,
does McCann prove ?  That on that day  Maria Bodine
was in that house—there for some purpose—recognized
by the owner of that house—in the receipt of the $40
which was  to be used for  some purpose in that house.
Now, we ask, what was she  there for?  What motive
had she in  being there, except to be delivered ?   She
was a poor girl;  so poor, that she has been a town
charge for  the last year—so poor, that Dr. Millspaugh
could only  wring  from  her $4 of the $5 he  charged
her—so poor,  that when she followed Cook to Ramapo,
she had to  borrow the dollar to reach her place of des-
tination. And  yet we  find this poor girl in Restell's
splendid house, domiciliated there as one of the fam-
ily, in a larger house than she ever before resided in.
Was she residing there for the purpose of consulting
about her monthly turns ?  Did that woman receive this
poor vagrant into  her house, and support her, for the
purpose of administering medicine to  her ?  Would
not one moment's consultation  have  enabled her to
prescribe for her?  The gentleman says she staid there
for the purpose of consulting about, her turns.  If she
staid there for that, where did the money come from?
Did she get it from charity?   No one  had any motive
to give that money, but the father of the child which
was destroyed, whoever he was.   I say, then, that if
Maria Bodine was not here, no reasonable doubt could
rest on your mind ; but when Maria Bodine's  testi-
mony is added,  there can be no doubt of the conviction
of this woman.  She is introduced as a witness in this
case, and how is she assaulted ?  She is declared to be
an accomplice, and is therefore unworthy of belief, and
the course  of the  defendant's counsel  has been singu-
larly bold throughout the whole  defence.  They have
assaulted, not only the  prosecution, but every person
who had dared  to open his mouth in the cause of jus-
tice.  Is Maria Bodine an accomplice?  An accomplice
is one engaged with another for a common purpose and
for a common benefit.   Is this poor girl  engaged with
Restell for a common purpose and f jr a common bene-
fit? Why, it is an abuse of terms to  say she is.  To
call her—poor victim, who is hardly able to drag her
trembling  form on the stand—to call her the accom-
plice of the accused, is idle ;  why, it is like the lamb
being the ;vccomplice of the butcher.  Let us see  how
this girl is brought on the stand.  Had she any motive
to testify falsely ?  No, the,  complaint does n?t come
from Maria Bodine; she never dreamt  of demanding
justice at the hands of this woman.  For one long year
she bore her sufferings, revealing to e  tcb successive
physician  who attended her, the  cause of the pains
that she was suffering.  She  never thought that Res-
tell could be punished.  For  one whole year stretched
on the bed of sickness, and almost dying, like a lamb,
she was dumb before her slaughterer.  She broached
her tale of woe to her  physician, and he kept it unre-
vealed, until Dr.  Smith  attended  her, and to him, in
the agony  of her sufferings, she divulged the cause of
 that suffering.  It was Dr. Smith, to whose honor be
it told, that came forth and made the complaint, as
 one which required the interference of  public justice.
 He wrote to  the  mayor, and he sent an  officer to in-
 quire  into the truth  of  it,  and the girl was  taken,
| drawn, an unwilling witness, to testify to her own 
31
wrong.  Is this an accomplice?  Does  she stand be-
fore you, with a motive corrupt or otherwise?  She is
not here willingly.  She is brought here by the strong
arm of the law, against her will—from reluctant lips
her story comes, while she  stands  surrounded by the
emblems and the ministers of the law.  What is the
story, then, that is told by  this girl, who is not a sub-
posaned witness—who stands here as a minister in the
cause of justice.  What is the story this girl told ?
You  all know—I  have related it.   Every  line was
marked with truth; and when I  saw that poor  girl,
without a father or a mother, thrown on the cold char-
ity of the world—when 1 saw  her standing as the im-
personation of truth—when I  heard her answer every
question that was put to her on her cross-examination;
when I saw her baffling the learning of the learned,
and the wisdom  of the wise, I felt she was testifying
in the  cause  of truth.  But look  at her story.  Exa-
mine each part by itself, and truth is present through-
out.  She sees Restell, and she says, seventy-five dol-
lars is my price.   The gentlemen  say, how singular it
is Restell  never asked her for  what purpose she came,
and that  the witness never told  her she wanted an
abortion produced, but that Restell at once said, " $75
is my price."  What does  this prove?  It proves the
truth of this girl's story.  It  proves that the house
was so notorious, she  knew there could have been but
one motive in coming there, and  her  not asking any
questions establishes the girl's  story. Does the woman
who keeps a house of prostitution  ask the girl who
goes  there what  she  comes for?   P.ut, again, in the
midst of this girl's suffering,  Restell  tells  her to be
patient.  " You will call me mother for this."  Did
the girl invent that expression?  Did  she put in her
own mouth language  that  she never learned ? Why,
gentlemen, I know not how it struck  you, but when
these words were  uttered by the witness, they struck
a chord in my bosom, which convinced me that it had
been touched by the hand  of truth. Again, in going
away, ResteU says,  " tell this to no person, or we  shall
go to State prison. You had  no  right to come  here,
and I had no right to do it " Is that the language of a
girl who has passed her whole  life  in doing the work
of a  family? who had  no  acquaintances  beyond the
homely neighbors who surrounded her ?
  One word testifying that  in March and not in April
her courses stopped, and it would have  driven them
from this  part of the defence. Could  she be corrupt
and not tell it ?   If she had been  a corrupt witness
would not the time have fixed it in March, and who
could have contradicted her ?  Who could have gain-
sayed the fact, that in  March her  last menstruation
wa« upon her?  Had she said  it stopped in February,
and in  July she was quiek, and she  would have estab-
lished  it beyond  all peradventure.  Why did she not
do it if she was a corrupt witness ?  From this alone
comes the only testimony that  could save this woman
from the State Prison ;  and this we say, is conclusive
poof that the girl testified  honestly in every word she
spoke.  Gentlemen, she is confirmed in her testimony,
by the facts, by human nature, and  by all  the motives
that govern human nature.   She is confirmed by  facts
that  followed the event; facts which made Dr. Evans
say she, was pregnant  and miscarried before she related
it; facts that carried conviction to Dr.  Smith,  facts
which  followed her and attended her in this court of
justice; facts which mark her  to have been the victim
of brutal  violence: and can you doubt  them ?  Yet
they tell you, while you behold the broken victim  issu-
ing from the door, that Madame Restell did not do the
deed.   Who did it then? Did  nobody do it.

   " Who finds the heifer dead,  and bleeding fresh,
  And sees fast by a butcher with an axe,
  But will suspect 'twas he that made the slaughter?
  Who finds the partridge in the puttocks nest,
   Bnt may imagine how the bird was dead,
   Although the Kite soar with  unbloodied beak?"

   I will, in connection with this matter, call your at-
tention briefly to decide whether Maria Bodine was
pregnant, whether  the  abortion was  produced, and
whether she was quick with child at the time; and be-
fore I proceed to argue this question I will make a few
remarks from a book which I hold in my hand.  T^»
learned gentleman  quoted from  Montgomery's  .•j-...-
wifery  Practice. He argued that, as far as the intent
was  concerned, Madame Restell  was morally guilty,
whether  Maria Bodine  was quick or not with child.
Upon this part of the case we have, said he, their own
testimony that in the middle of May, she became sick
and vomited; about the 1st of June her breasts be-
came hard, and the areola appeared.  According to the
gentleman's doctrines the areola would not appear nn.
til two months after conception, which would make  it
in the middle of June. I say the fluttering commenced
about the 24th, 25th or 26th of June;  the girl a few
days afterwards, comes to this city and visits Restell's
house.   According  to the authority of Montgomery, in
pregnancy the areola appears in four months after con-
ception, which would make the  period of conception
about the middle of March.  The gentleman then re-
ferred particularly  to the testimony in the case, and in
respect to that given by medical men, and insisted that
that given by Professors Gilman and Bedford was of
more weight than that given by Dr. P. A. Millspaugh.
  I will not detain you much longer.   1  have deemed
it my duty to present my views in the case, and I now
state to you, that quick or not quick, the girl was preg-
nant by Cook.  She was delivered of her child by Res-
tell, as  proved by all the testimony and all the circum-
stances of  the case.  It  is proved by testimony, inde-
pendent of Maria Bodine, and proved by Maria, inde-
pendent of the testimony; and I call on you, gentle-
men, to discharge your  duty.  You, gentlemen, have
passed through the ordeal.  You  are here as pure and
impartial jurors, you, I am bound to believe, when you
took your seats in  that box, were influenced by no ex-
traneous feelings.  You  have   been guarded against
public  opinion  but  docs the counsel arraign the pub-
lic opinion  of this  lund—that public  opinion  which
flows from the moral sense  of the community—does he
compare it to the arbitrary acts committed under Hen-
ry VIII, the  bloody Mary, or the insatiate Elisabeth?
Docs ho liken the, despotism of the crown to the public
opinion of the free  and enlightened people of this land)
I tell him 1 do not fear public opinion from any source.
[ believe public opinion  founded  on the morals of nnr
people, founded on their love of virtue, declared if you
wish through the public  press, is the foundation of all
the liberties we enjoy.  I tell them that our institutions
rest on public opinions.  I tell them that public opinion
bind men to do their duty.  I tell you, it reaches the
commander-in-chief of your armies and  of your navy,
and that your President even bows to public opinion.   I
tell you that public opinion ought to come into the tem-
ple of justice—that it purifies  the atmosphere of the
temple of justice.   I tell you it ought to come, and sit
by the  judge, on the bench—not to control him, but  to
strengthen him in the administration of justice—not  to
pervert the law, but to give him confidence to declare
the law—not to control his mind, but to make him bold.
I tell you public opinion should come into the jury box
—not to influence your action, but to hold you to the
discharge of your  duty according to the law and  yonr
own  understanding; and if at any time  the jury should
be found corrupt,  and willing to take the price of bis
corruption, public opinion stands beside him to dash the
bribe away.  It tells him his motives are known.  Gen-
tlemen, we boast of our morals, and of our civilization.
We point to our school houses; and yet it is mydutv
to say,  that in no city in the world, but our own, could
we find a den like Madame Restell's.  Upon you rests
the responsibility of saying whether it shall continue in
our  midst.  You stand like  the  Jewish prophet, be-
tween  the living and the dead.  By your verdict, it de-
pends  whether this pestilence  shall  be  stayed,  or
whether it  shall continue until the first and noblest in
the laud be stricken down. Acquit the defendant here,
and send her forth again, and what will you do ?  You
will break away the very foundations of female virtue
—the dread of discovery of orlme—you will render Ihe 
38
prayers of the fathers of our land fruitless, and the
sighs of our mothers unavailing —you will strew weeds
in the path of virtue.   Think, in God's name, think of
the responsibility of what you are about to do.  The
public look to you; the eyes of your fellow-citizens are
rivetted on you, your motives and  your deeds.  The
eye of outraged humanity is keenly watching you, and
on you are centred the hopes nod fears of the best and
noblest in the land.
  [Mr.  Hoffman sat down and a leud burst of applause
succeeded, which the officers eould not quell for some
minutes]
  The Rbcordkr's  Charge.—The Recorder stated
in his charge, of which we proceed  to give a synopsis,
that the case rested partly upon direct, and partly upon
circumstantial evidence, and  he  charged:  First, that
when a  fact cannot be positively proved,  that kind
of proof which comes nearest the positive proof must
be given in evidence, and that kind of proof is circum-
stantial and must stand as good, until the contrary is
proved. A concurrence of well authenticated circum-
stances composes a strong ground of assurance, if not
stronger than positive testimony, when the latter con-
sists of a single witness, standing unconnected with ex-
ternal or collateral circumstances. He charged,  second-
ly, that the burden of proof of the guilt of the accused
was on the State.  Thirdly, if circumstances induce a
strong suspicion of guilt, where the  accused might, if
innocent,  explain these  facts consistently with  inno-
cence, and yet does not offer such proof as will do so,
a strong and natural presumption  arises that the accus-
ed is guilty.  Fourth, it is to be presumed  that per-
son's actions correspond with truth. Fifth, the jury
should be convinced from a combination of circumstan-
ces, as much so as if they had  direct  proof.   Sixth,
that the circumstances should necessarily involve the
guilt of the prisoner, and point directly to the offence
charged.   Seventh, the jury  cannot bind themselves
down to believe  or disbelieve, abstractedly, from the
principal  actors  in  the  scene  presented  to them
—their  motives and  all  the variety  of their  rela-
tions.  It is ^practicable, he said, to obtain absolute
certainty iu human affairs.  In the nature of things we
can only obtain reasonable certainty.  In regard to the
circumstances of this case, he said, the jury must be
satisfied not only that they were consistent with her
having committed the act, but they must also be satis-
fied that the facts of the case were such as to be incon-
sistent with auy conelusian other than that the prisoner
was guilty.  In  relation to the point, the jury had to
decide upoa, they were first, whether  Maria Bodine
was pregnant;  second, whether an abortion was pro-
duced;  third, whether the defendant  committed the
abortion;  and, in order to  decide whether the defend-
ant was guilty of manslaughter or  misdemeanor, they
must ascertain whether she was quick with child or not.
  These are the points in the charge, and as soon as the
Recorder  sat down, the District  Attorney moved that
Madame Restell be committed to the custody of the of-
ficers of the court, to await the sentence.  The motion
was opposed by James T. Brady, Esq., when the prison-
er's counsel, and the Court decided that the special
bail in the case, he thought was sufficient.
  The Court convened at 7  o'clock, and at  about  8
o'clock, an officer announced that the Jury had agreed.
  They came into Court, and the foreman announced as
the verdict, that the  Jury found  the accused guilty of
" the misdemeanor charged" under the following sec-
tion of the law:
  " Every person who shall administer to any pregnant
woman, or prescribe for any such woman, or advise or
procure any such woman  to  take any medicine, drug,
substance, or thing whatever, or  shall use or  employ
any instruments, or any other means whatever, with in-
tent thereby to procure the  miscarriage of any such
woman, shall, upon conviction, be punished by impris-
onment in n county jail, not less than three months, nor
more than one year."'
   The District Attorney moved for judgment, to which
 the defence made a motion for arrest of judgment, and
proposed  to argue the motion at once.  The District
 Attorney  then withdrew the motion, and Saturday wac
 fixed to hear the argument.
  The District Attorney  then moved  for the commit-
ment of the accused to prison, to which tho defence ob-
jected on the ground that her bail was sufficient for her
appearance, and pending the  discussion  of counsel on
this point, the  defence  refused to assent to the agree-
ment to argue the motion for arrest of judgment on Sat-
urday, and asked the  Recorder to sign their bill of
sealed  exceptions, forthwith, in order that their client
could be re-bailed, if the Court decided to commit her.
  This was denied, and the Court committed the prison-
er, and adjourned to 11  o'clock on Thursday morning.

              Eighteenth  Dat.
  Tuesday, Nov. 11.—The court  room  was crowded
to excess this morning,  the rumour having got abroad
that the prisoner was to be sentenced.  About twelve
o'clock she was brought from  the prison, to which she
had been consigned on the rendition of the verdict, and,
accompanied by  her husband, entered the court  and
took her usual seat  at  the table.   She was elegantly
dressed in a rich black silk gown, handsomely trimmed
black velvet mantilla, white satin bonnet, and wore a
large, heavy lace veil.   She looked excessively pale,
however, and was evidently anxious as to the result of
the day's proceedings.  Mr. Graham then presented a
bill of exceptions, which he was desirous that the court
should sign.   The District Attorney objected on the
ground that the bill of  exception, did not contain the
whole of the Recorder's charge and that it was also de-
ficient in portions of the testimony.  The court declin-
ed signing the exceptions, not having had an opportu-
nity to examine them.  The District Attorney then re-
peated his motion that the court pass judgment upon
Madame Restell, when Mr. Graham moved for an ar-
rest  of judgment, but at the same time intimated that
he would withdraw his  motion, if the court would di-
rect  the sheriff to defer  sending  the  accused to  the
Island for twenty-four hoars.
  Recorder.  " I do not see why any difference should
be made in this case: why every day some poor devil is
brought up here and sent off to the State Prison with-
out  ceremony, probably  because  he has no counsel,
atthongh the Court always assigns counsel if possible;
and  I have no idea that there should be one law for one
individual and another law for another.  This woman
is the same as  any other woman convcited of a similar
crime, and we can make no distinction.  The Court
has decided, that  to prevent any  difficulty that  may
arise in this case from delay; so that the whole of their
proceedings might have to be gone over again—in view
of the vast expense to which the public have been put,
and  the length of time the trial has occupied to pro-
ceed at once  and pass  sentence.  Mr. Clerk, arraign
the prisoner."
  Graham.—" When the Clerk asks what the prisoner
has  to say why judgment should not be pronounced
against her, he will consider her to say, that the Court
has  no right to pass sentence."
  Clerk.—" Caroline Lohman, alias Madame  Restell,
stand up."  The usual question was then put, but she
made no reply, and again sat down.
  Court.—" Caroline Lohman, alias Madame Restell;
you have been convicted  by a jury of the county of a
misdemeanor, in procuring  a miscarriage,  and the
Court sentence you to be imprisoned  for one year in
the  penitentiary on Blackwell's Island, that being the
extent of the punishment prescribed by the law for the
offence of which you have been found guilty."
  The audience, upon  the delivery of  this  sentence,
commenced applauding, but they  were immediately
checked by the officers of the Court.
  Messrs. Graham and  Brady, before leaving the room,
intimated that they should ask nothing  further of the
Court in relation to this matter, and shortly afterwards
made an application to Judge Edmonds for  a writ of
error and stay of execution, which were  granted.
   On Monday morning, Nov I5th, Judge  Edmonds
decided that he had power to order a stay of proceed-
ings, and also, on the examination of the exceptions
taken by defence, to grant a writ of error, but under
the verdict of misdemeanor only, he would not admit
the prisoner to bail, and he therefore remanded her to
the city prison to be sent to the Penitentiary. 
 
MARIA BODINE. 
^ 
 
 


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