Wonderful trial of Caroline Lohman, alias Restell : with speeches of counsel, charge of court, and verdict of jury : reported in full for the National police gazette.

  • Restell, Madame, 1811-1878.
Date:
[1847]
Catalogue details

Licence: Public Domain Mark

Credit: Wonderful trial of Caroline Lohman, alias Restell : with speeches of counsel, charge of court, and verdict of jury : reported in full for the National police gazette. Source: Wellcome Collection.

Provider: This material has been provided by the National Library of Medicine (U.S.), through the Medical Heritage Library. The original may be consulted at the National Library of Medicine (U.S.)

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    formed. The man has to 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 his 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 t All these things indicate a man's moral character. But how is it with women 1 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 lie 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 trie 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 1 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 Restell 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 made an application 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 was 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 7 Am I to go down to that den in Greenwich street, to find other fiend-like beings for this purpose? Am I to take inmates of