Robert Baker was back in Alabama again. The Coroner's jury was reconvened on January 19, 1858. The inquest was held at the Alabama Hotel now owned by David J. Duel. It would last for two days. . . .

[It was] muddy and wet but not snowy like they had expected for a January in this part of New York. The unseasonably mild winter had made it possible to exhume the bodies in the middle of December. The weather continued well, cool but not cold, so the inquest was held earlier than would have normally been possible.

On the first day of the month Polly was brought before the Court of Sessions at the County Court House in Batavia. The members of the Court of Sessions which presided over the case were Judge Joshua L. Brown, and two Justices of the Peace, John G. Bixby and William Barrett.

The jurors in the case for the People -vs.- Polly Frisch on the indictments for murder are as follows:

Modified detail of Batavia mid-1850s map. Color added to legend letters: A = jail south side of Main St. B = Holland Land Office, now museum. C = attorney William Bryan home. E = old county courthouse, Main & Court Sts. In above map, north is to the right.

• Arnaziah Jenkins (Foreman),
• Sherrock Parker,
• Charles H. Monell,
• Rufus Carter,
• Thomas J. Stephenson,
• John Spreague,
• Charles A. Russell,
• Ami Andrews,
• Horace Sumner,
• Seneca Allen,
• Jabin Bosworth,
• Warren C. Rowley,
• Russell Thorp,
• Miles G. White,
• Gideon Howland,
• Arza Newell,
• Thomas D. Waldo,
• Abiander H. Foster,
• John Sumner,
• James D. Benham, and
• E.W. Godey.

Twenty-one men in all were empanelled for the jury, and a total of thirty-four witnesses called to testify. The Grand Jury was in session for two days. Polly was indicted on three separate charges of murder in the first degree, for the murders of Henry, Frances, and Eliza Jane Hoag. . . .On February 3, 1858, Polly Frisch was brought back into court to hear the [Grand Jury decision to indict her]. Polly was held over for trial on three counts of murder in the first degree. . . . Polly was retumed to jail to await her fate.

Polly's outward appearance to the court during her arraignment was one of cool composure; but the reality of the situation she was in was having its effect. Circuit Court was scheduled for March 26, 1858. Polly would not be in attendance that day. Whether real or imagined Pony would suddenly not feel so well. Dr. Oliver P. Clark, on the request of Sheriff Pease, was called in to examine Polly. For five days, from March 9 to March 13 Dr. Clark tended to whatever aliment it was that was troubling her. . . .

Seven constables were sworn in on March 8 to assist with the various upcoming cases. They were Isaac Storms, A.B. Pease, Oliver Parrish, N.A. Sutton, Charles Sprague, Lorenzo Olcott, and Hamilton Driggs. Part of their duties was to bring the defendants to court, attend the trials, and travel to subpoena witnesses. Often the witnesses were picked up and brought into court. There were five witnesses that Sheriff Pease had already subpoenaed and one by Olcott for the Frisch case. . . .

Seven constables were sworn in on March 8 to assist with the various upcoming cases. They were Isaac Storms, A.B. Pease, Oliver Parrish, N.A. Sutton, Charles Sprague, Lorenzo Olcott, and Hamilton Driggs. Part of their duties was to bring the defendants to court, attend the trials, and travel to subpoena witnesses. Often the witnesses were picked up and brought into court. There were five witnesses that Sheriff Pease had already subpoenaed and one by Olcott for the Frisch case. . . .

Because of her ailment, Dr. Clark declared her be too sick to stand trial. The defendant's court date was rescheduled for the June term. Polly's physician had been changed from Dr. Oliver P. Clark to Dr. John Cotes. Dr. Clark had done the first chemical analysis for arsenic on one of the defendant's children, for the prosecution. It might be perceived as a conflict of interest to have Dr. Clark treat Polly for her illness. Too many assumptions would be made as to conversations they were having, or the type of medicine he prescribed. It was probably thought that the best thing would be to switch to a physician that had not been directly involved in the case.

Dr. Cotes visited Polly Frisch several times during the next two months. He tended to her at the jail during the month of April from the 9th till the 15th, and again for four days towards the end of the month. On every visit it is stated in Dr. Cotes bill to the county that he administered medicine. What type of medicine or what aliment it was supposed to treat is unknown. She seemed to be feeling better by the beginning of May. To be sure she would be ready, Dr. Cotes examined Polly at the jail twice in May and once on the 6th of June. This time there would be no postponement. . . . .

Modified detail of Batavia mid-1850s map. Color added to legend letters: V = Dr. John B. Cotes office, Summit & Main Sts. corner. L. B. Cotes' father. U = Dr. L. B. Cotes office, south side of Main St. T = Dr. John Cotes home, east side, Bank St. S = DA George Bowen home, east side, Bank St. E = old county courthouse, Main & Court Sts.

By the end of June, Sheriff Pease had served subpoenas on an additional forty-one witnesses. Albert Hoag was to be one of them, and his testimony would prove to be the most startling. Albert, who was now almost twelve, had arrived from Michigan accompanied by his Uncle Lyman Hoag. Sheriff Pease had gone to Michigan personally on the 27th to get him. It took three days to make the round trip, we imagine by train. . . .

On June 30, 1858 the trial was set to begin. Lorenzo Olcott had traveled to subpoena an additional witness the day of the trial. It was put in his charge since Alvin Pease was to escort Polly Frisch from the jail to the Court House in Batavia during the length of the trial.

Court convened at 9:00 a.m., June 30, 1858 to begin the process of choosing a jury. Sheriff Pease brought Polly Frisch into court, and led her to her seat by her counsel. She was wearing a black silk dress, black satin bonnet, a white shawl, and jet-black bracelets and necklace. A somber appearance emanated from her before the court room crowd. Her mood was as somber as her attire, exhibiting a calm and cool composure. . . .

The June Session of the Court of Oyer & Terminer came before the Honorable Benjamin F. Greene, Justice of the Supreme Court; and Session Justices, John G. Bix and William Bennett. The prosecution was conducted by District Attorney George Bowen, and assisted by Al Sawin, Esquire of Buffalo. The legal duo of Wakeman & Bryan conducted the case for the defense. . . .

Jury selection began . . . If convicted, Polly would hang by the neck until dead. Bowen wanted to make sure the jurors would be unbiased about the thought of condemning a woman to death in this manner. The jury, all farmers, was as follows:

• William P. Dunlap, Oakfield;
• Sidney P. Huntington, Pembroke;
• James Kinsey, Darien;
• George B. Kemp, Batavia;
• Orren (or Warren) Putnam, Batavia;
• Porter Davis (or David), Bergen;
• Joseph D. Cutler, Pembroke;
• Sidney W. Butler, Bethany;
• John H. Wiggins, Stafford;
• James Sheldon, Pavilion;
• Daniel Clark, Oakfield; and
• Phillip Amidon, Pembroke.

For obvious reasons, no one from the town of Alabama was chosen for jury duty.

Courtroom (jury box side) in the Old Court House where the Polly Frisch murder trials took place. Photo courtesy of Genesee County History Department.

When court reconvened the crowd was even larger then it had been that morning. Sheriff Pease had provided a seat next to the witness stand during the morning session for the reporter for the Genesee County Herald & Spirit of the Times. . . .

Professor George Hadley . . . began:

I am a Professor of Practical Chemistry. I have practiced chemistry for over twenty years, and have taught chemistry for over ten years. Toxicological Chemistry has occupied much of my attention. Dr. Clark brought me a box containing the remains of what was purported to be a human stomach, which I made chemical analysis of, and completed the examination some time last February. . . .

. . . .Hadley elaborated further in a scientific manner his methods for producing the chemical results supporting the finding of arsenic. He also stated that the quantity was probably small but it would be detected in all body tissues had it been taken in poisonous doses. Hadley continued, "Can detect arsenic any length of time after death, but it is difficult to ascertain the amount when decomposition is so far advanced.. . . ."

. . . . Lastly for the defense was Dr. John Cotes, Polly's physician while in jail. Cotes explained the effects of arsenic poisoning the same as the doctors for the prosecution had, and then some. He mentioned spasms, convulsions, blistering and swelling around the mouth. He then went on to explain that the symptoms of Cholera Morbus resemble arsenic. The doctor was using reverse psychology. While the prosecution tried to show that everyone at the time thought Henry had cholera when he was really being poisoned; the defense on the other hand, was stating just the opposite. Dr. Cotes was saying that even though the prosecution said Polly poisoned her husband, what he really died of was cholera.

Courtroom in the Old Court House where the Polly Frisch murder trials took place. Shown is the left side as one would face the judges' bench. Photo courtesy of Genesee County History Department.

William Bryan succeeded in creating doubts as to Henry Hoag's cause of death. There was no one else to call; no one else in Alabama was willing teitify to save Polly Frisch. . . . The trial was to reconvene at eight o'clock the next morning. Seth Wakeman would give the closing argumen'ts on behalf of the defense. William and his partner didn't think they had a chance in hell of saving their client from the hangman's noose. . . .