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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    the 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 debilo 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 begiuning 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 caunot be compelled lo 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 1 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 Graud Jury. It had not been read to me before I went. I think it was not read to me 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. Betides 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, f did not take an oath before him. I look no oath except the one in the Giand Jury room. I had heard from Dr. Smith that Mr. Bowyer was comiog to see me on this case, in the country.— He came to see me, GraJiam.—This paper was verified on oath by her before the Grand Jury, where she was for five 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° Grand Jury asked three questions, namely •-- Were you pregnant and quick with child ? Was •he 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. \\ 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 is 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 ill, affected with the venereal disease ! A. No, sir. Reexamined by McKeon.—Madame Restell herself came to the door ; she said she was the person wanted ; I described my symptoms. Q. In theJirst interview was any thing said about an abortion? Question 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 thres days, sometimes a little 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 at Nevens' in New-York, iu 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, 1S47; I was overseer of the poor and one of the physicians ; I first became ucquainted 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 required 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 : on 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 ou the touch of the finger ; there was a discharge or unusual secretion ; as a medical man I considered the cause of her illness, from 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- ceeoiiig-s 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 iast 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