Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-08-15
05- Captain ]. M. Beebe, OF the packet ship Mis-
sssipPi, died in New Orleans the 4th inst Of the
yellow fever.
AZ Chm mn beers.
Refore ludoe Tuolis

AUG. 4.-Crim Con -1drlin VS. McGoron-
Mr. Shaler on the part Of the defendant in this case,
appeared before his honor to move for reduction
Of bail from the sum of $500 to some lower and
more equitable am cunt. The learned gentleman read
afidavts from his client, and from two females, said
to have resided in the house in Suffolk street. where
the alleged faur pdswas said to have been commit
ted The affidavit on the part of MCGOWAN, denied
in the most express and positive terms, that he
ever had any criminal connection with the woman
that Arlin called his wife. The deponent set forth
that, he soemnly averred before God and man, that
he never was a bed with that woman, and that he
was net undressed nor in the room more than five
minutes before their conversation which purely
innocent in its character, interrupted by Arlin
and his friend and confidant, Garland. This aff-
davit was supported by two others, made by
red and single female residing IN the house, nam
dies that not than ten minutes could have
expirtd from the time that MCGOWAN let into
the house by Mrs. Arlin, before Garland and Arlin
followed him up stairs
Mr.. Haskell appeared to oppose the motion the
part Of the plaintiff and produced very full and
pie afdavits, together with all the spondence
between MCGOWAN and Mrs Arlin which the learn
ed gentleman wished his honor 10 look into.
Anins afhdavit. after relating the stery OF the in
teresting meeting the letters and the tracing of Nc
Gswan 10 the boudor Of Mrs. A.. went on to state,
that he, Arlln, believed II was Meow ans intention
to elope with Mrs. Ariin, and take with him two
or three Thousand dollars, which Mrs. A. knew her
husband had by him at he time. The plaintiff swore
that, the trial OF the cause he could show that he
termined to abandon his wife and family in Phiade.
Phia. IN order TO run away with Mrs Arlin. He al
offered to show that MCGOWAN had made arrange.
ments to &c TO Boston with the plaintiffs wife.
Garlands afiidavits went TO deny most positively
the statement Of the defendant, for Mr.. G. swears
that when he broke open the garnet door, which
Mrs. Arlin used for a bed room, that he, Gar
land, distinctly McGowan right on the top Of Ar
Inns wife; that Mae had coat on and furthermore
that there could be no mistake about Macs inten-
tions, for the lady's clothes were all up runpled
about her body as high as her waist.
An affidavit was also produced from one Eme rson,
who swears distinctly that he watched McCowan
enter the house, saw him kiss Mrs Arlin in the
front room on the second floor, and that about We
or ten minutes he distinctly him in the bed room
IN the upper story, taking off his coat.
Alter reading these and other documents, Mr..
Haskell told his Honor that in his opinion McC;owan
ought to be arrested charge Of perjury and that
ne should submit such motion as soon as the pre-
sent was disposed Of.
Mr.. Shaler said that his learned friend had better
20 before the Grand Jury, and prefer bill Of ndict
ment.
Judge Tnglis said he should look into the matter,
and give his opinion in day or two