There were only four prisoners in the Genesee County Jail during the incarceration of Polly Frisch in the summer of 1858. Polly was the only fernale. Sheriff Alvin Pease gave reporter L.A. Baker of the Republican Advocate a tour of the jail, which they printed in their August 24, 1858 issue.

It gives us pleasure to state that I found it clean and in order, and apparently in as good condition as could be expected of such an institution. The prisoners, four in number (one female), were clean and healthy in their appearance, and every precaution is taken for their safekeeping.

A portion of the jail of the west side, including the upper tier of cells, is partitioned off, for the reception of female prisoners. This includes all the windows on that side of the house; consequently the male department of the prison is not sufficiently ventilated.

A window near the northwest comer, permitting a current of air to pass through is greatly needed for the health and comfort of the prisoners.

[Left third of old Batavia jail photo.] OLD GENESEE COUNTY JAIL: No longer standing. Was originally on the comer of Main Street and Rt. 98 in the City of Batavia; approximately where Oliver's Candies is now located. Photo courtesy of the Genesee County History Department.

L.A. Baker made the following comment in his article which society still debates: It would be a curious and intesting inquiry, to know how much cost was made in each of these cases, and also the amount of jail fees and board, but this part of the subject is left, for an intelligent, and tax-paying public to pursue.

By the time the Frisch cases were through it would cost the county several thousands of dollars. By the standards of the day it would be considered an astronomical amount of money to house and convict one person.

Nevertheless, the county allotted a large amount in its budget for the necessities of their prisoners. They were provided with clothing and boots or shoes as needed. The jail itself was well maintained. We found several receipts for brooms, wood for the stove, and building supplies to make repairs. There were receipts showing that new sheets, blankets, and ticking were purchased often for the cells; even tobacco was purchased for those who smoked. One receipt showing a purchase from Smith & Sons, dated December 11, 1857, was for a looking glass. This would appear to be the type of item that would be purchased for the use of a woman. All in all, the prisoners were well cared for and housed in a clean environment.

As Polly sat in her cell awaiting her next court date, the prosecution was busily preparing for the next trial. Eli P. Vail, constable from the town of Alabama, was already subpoenaing witnesses. Meanwhile, George Bowen was impatiently waiting to hear some news from Professor Hadley on his latest testing. During late summer Hadley was away in Vermont lecturing at the colleges there, which was his habit to do.

On the 24th of August, George Hadley received a letter at Castletown, Vermont where he was staying. The letter was from District Attorney Bowen inquiring as to the analysis on the remains of the two children. He wished to know, of the two remaining cases, which one would his evidence be the most undisputed and direct. Hadley did not have his notes with him in Vermont, but sensed that Bowen desired an immediate answer. Hadley penned out his expert opinion, shown below, and mailed it back the same day.

Castletown, Vennont
Aug. 24,1858
Geo Bowen
Dear Sir:
Of the one child, Dr. Clark brought no stomach, but a bit of intestine. That contained a large (comparatively) amount of arsenic and my testing would be perfectly positive & beyond being quibbled at. The name of the child I do not now remember, but Dr. Clark can give it to you.

In the stomach of the other child there was only the slightest trace & hardly discoverable & although I feel pretty well convinced in my own mind, I should not testify so strongly & there would be some chance to throw doubt on the conclusions. By all means, take the other case.

I am engaged now for a little more then 3 weeks then in Middlebury till the 24th of November; after that I shall be in Buffalo during the winter. If the trial could be put along a little, it would save the county some expense & myself a good deal of inconvenience.
Yours Truly
George Hadley

[Middle third of old Batavia jail photo.] OLD GENESEE COUNTY JAIL: No longer standing. Was originally on the comer of Main Street and Rt. 98 in the City of Batavia; approximately where Oliver's Candies is now located. Photo courtesy of the Genesee County History Department.

The trouble was, Bowen didn't want to wait. He began preparing for November's Circuit Court anyway. Upon reading the letter from Professor Hadley, it had appeared that the best case to try was the murder of Eliza Jane. Hadn't she been the one with only a bit of intestines?

Perhaps Clark verified that Hadley was referring to Eliza Jane. . . . Hadley did not have his notes with him in Vermont at the time he answered George Bowen's letter. In actuality, the professor was not talking about Eliza Jane's body as having a large amount of arsenic, but Frances'. George Bowen's haste to prepare for trial would be costly. . . .

At the beginning of November everything was in place. Eight Constables had been sworn in to assist with court duties for the month. They were

• Lester H. Gould,
• Charles Sprague,
• R. B. Pease,
• Oliver Parrish,
• L.H. Olcott,
• S.F. Moore,
• Fredrick Oswald, and
• Eli P. Vail.

Their duties were the same as usual. To subpoena witnesses and bring them to court when it was time, and to bring the prisoners to court. During the month of November, there were twelve men in the jail along with Polly Frisch. Three were in for larceny, one for rape and the others were awaiting sentencing. Once again, Polly was the only person being held on the charge or murder. . . .

Professor Hadley arrived at the courthouse at 4:00 p.m. on the 10th, only to discover he was prepared for the wrong trial. By the time he realized the mistake that had been made, it was too late. There was no time for Professor Hadley to confer with the district attorney before the trial began. While Hadley had thought he was to testify on the large amount of arsenic in the body of Frances; George Bowen was getting ready to question the professor on the amount of poison in the remains of Eliza Jane. Hadley would have to answer honestly, although the outlook for success was not good.

Judge Noah Davis, Supreme Court Justice, was presiding over the current trial. John G. Bixby and William Barnett, were the Session Justices; H.W. Hascall, Clerk; and Robert Baker, Crier. . . . .

The jurors selected for this trial were:

• William Bradey, Elba (Foreman);
• Cyrus Phelps, Pembroke;
• Charles Moreau, Batavia;
• Thomas Wiggins, Stafford;
• Cyrus F. Starks, Elba;
• J.L. Johson, Stafford;
• Solomon Shoulters, Batavia;
• Ezra F. Coleman, Pembroke;
• H.E. Parker, Elba;
• John Brown, Oakfield; and
• William E. Covill, Pavillion.

[Right third of old Batavia jail photo.] OLD GENESEE COUNTY JAIL: No longer standing. Was originally on the comer of Main Street and Rt. 98 in the City of Batavia; approximately where Oliver's Candies is now located. Photo courtesy of the Genesee County History Department.

Polly was composed and smiling as Sheriff Alvin Pease brought her into the courtroom. . . . Bowen thought that the professor's testimony about the large amount of arsenic that he had found would clinch his case. The district attorney began to question the professor on the remains of Eliza Jane. There was nothing Hadley could do. He had to give his response on his findings of Eliza Jane. Hadley replied to Bowen's question. "I can not positively swear that there was arsenic in the stomach of Eliza Jane Hoag," answered Professor Hadley. . .

The next morning Polly Frisch was once again brought into court to face her peers. Closing arguments were given quickly by each side. . . . The jurors conferred without even leaving the jury box. The Forman rose to read the jury's decision. "Not guilty," declared Foreman Bradley.

As with the last trial, Polly was swiftly escorted back to the jail by Sheriff Pease.