The newly widowed Polly Hoag married in the fall of 1856, to Otto Frisch. Albert was now eleven years old; Rosalie, age seven; and Eliza Jane just over a year old. The child Polly was pregnant with would have been born about January or February of 1857. According to the article in the Union Sun & Advertiser the child died in the spring.

Matthew Bardwell married that same spring, to Miriam Rogers. They were wed, in the town of Alabama, on March 13, 1857. . . .

Modified detail of Batavia mid-1850s map. Color added to legend letters: D = Sheriff Alvin Pease residence. West side of Evans St. E = old county courthouse, Main & Court Sts. F = vicinity of offices of chief lawyers in case. Q = train depot. In above map, north is to the right.

Eliza Jane . . . was suddenly taken ill in October of 1857, as was Polly's new husband. . . . . The exact date of when Otto became sick is not known, but it was within a week of Eliza Jane's fatal illness. The following is taken from the Genesee Democrat newspaper Saturday, November 14,1857.

...after the death of her first husband she married a German by the name of Frisch, with whom she lived until about the middle of last month, when he was suddenly taken ill with the same symptoms of the others. He immediately sent for medical advice, who told him that he was poisoned, and upon applying the usual antidote for poison, he was speedily cured. As soon as he was able to get about, he immediately left the Country, charging his wife with attempting to poison him. . . .

Otto did desert Polly that fall. What country he fled to is one of the mysteries that we never were able to solve. We assume it would either have been Canada or possibly back to Germany. There is no documentation to show if Otto had formally charged his wife, or if he had accused his wife in general conversations with townsfolk. . No matter, the fate of Eliza Jane would be enough to incite the people of the town of Alabama to act. .

Poor Eliza Jane would become terribly sick on October 4, 1857.. . . Eliza Jane Hoag died on October 20, 1857. This time the citizens of Alabama were not concerned about whether it was polite conversation to discuss the suspicious deaths of Polly's family. The town was in an uproar and everyone was talking. Could Polly really have murdered her daughter? What about Henry and Frances? There were too many deaths in such a short time for it to be a coincidence.

Stanley E. Filkins, Henry's cousin, was still living in Alabama in 1857. He had recently passed his bar exam the same year Eliza Jane was murdered. Stanley was an aspiring attorney, at only 21 years old, workng with the law firm of Brown & Glowacki in Batavia. After the death of Eliza Jane, he wasted no time in contacting the Genesee County District Attorney's Office. District Attorney George Bowen, upon hearing Filkin's complaint, took immediate action.

Modified detail of Batavia mid-1850s map. Color added to legend letters: A = jail south side of Main St. E = old county courthouse, Main & Court Sts.

George himself was a young man, only 26 years old. He was born in the town of Shelby in Orleans County, which borders Alabama on its north side. After attending school locally, and teaching for two years, he came to Batavia to study law with the firm of Martindale & Bryan. George Bowen passed his Bar exam in 1852. By 1855 he had joined forces with N.A. Woodward and formed the law firm of Woodward & Bowen. . . . .

A coroner's inquest was scheduled to be held on October 22, 1857 concerning the suspicious circumstance surrounding the death of Eliza Jane Hoag. Only two days after Eliza's death Stanley Filkins, attorney; Robert Baker, the County Coroner; Nelson Horning, the physician who attended Eliza; and seven jurors gathered at the home of Schubel Franklin in Alabama Center. Ihe body of Eliza Jane was still laid out in the parlor.

Testimony having been given by Starkweather and Homing, as well as others, the following decision was arrived at by the coroners jury.

. . .said Eliza Jane Hoag came to her death under suspicious circumstances and from some cause unknown to the jury. . . . .

Aside from being foreman on the jury for the Inquest, Stanley Filkins was busy with other duties. He had been requested by the district attorney to collect statements from the citizens in Alabama. Stanley spent two days collecting evidence in the death of Eliza Jane, three days collecting testimony in the death of Frances, and one week interviewing and recording statements and evidence surrounding the death of Henry Hoag.

. . . [Dr. Holton] Ganson, with the box containing the stomach of the young child, traveled back to his office in Batavia. There he steeped the stomach in hot water inside a clear tin vessel, and removed it to a pail. It was kept in Ganson's private office until it was delivered to Dr. Oliver P. Clark, a physician and pharmacist in Batavia. Clark was to perform a chemical analyzes on the contents of the stomach. Upon doing three separate chemical tests, Dr. Clark found what everyone had suspected. Arsenic.

Old Genesee County Court building that in the 1850s also housed the Surrogate's Court, Sheriff, County Treasurer and Clerk's offices. Photo by C. Amrhein

In a matter of two weeks since Eliza Jane's death enough evidence was gathered to present to the Genesee County District Attomeys Office. On November 9, 1857 Polly Frisch was arrested by Genesee County Sheriff Alvin Pease for the murders of Eliza Jane, Frances and her first husband, Henry Hoag.

Pease, on behalf of the People of the State of New York, immediately set to work drawing a jury for the arraignment. Schubel Franklin, on behalf of Polly, hired the . . . legal team of Wakeman & Bryan to defend his daughter. . . .

As soon as Polly was arrested, Sheriff Alvin Pease began preparing the courtroom for the arraignment of the county's prisoners. Because of the sensationalism surrounding the case of the People vs. Frisch, extra men were sworn in as constables to keep the public in check. Eli P. Vail of Alabama was enlisted to serve twelve subpoenas on witnesses for the prosecution.

On Thursday, November 12, Polly was brought before Justice Augustus Cowdin at the Genesee County Court House in Batavia. For six days Judge Cowdin listened to the evidence against Polly Frisch. Over the course of those days, ten more witnesses would be subpoenaed and brought to Batavia to testify.

. . . Justice Cowdin determined there was sufficient evidence to hold Polly over for trial o fthe deaths of her family. Polly Frisch was removed from the courtroom and taken to the county jail on West Main Street a short distance from the courthouse. She would remain here until a further examination of the case was had. . . .