The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-01-12
TWO CENTS.
Court OF General Sessions.
Before Judge DAILY, Aldermen Fitzgerald and Dedrs

Before Judge DAILY, Aldermen Fitzgerald and Dsdrs
John MeKeon, Eeq., District Attorney.
JAN ll-1risI of Mary Fowfer continued = The
opening ON part OF the defence concluded, when
gentleman named Hsman had boarded in her mouse,
but was now n England and unable to attend to give
good character OF the house. also put in part Of
The defence.
BENJAMus FAIRcHrLp, captain of police in the 9Th
ward, the first witness produced part Of the de-
fence He testified he knew the house No IT'S Spring
street, and never saw anything about II wrong The
police stationed there and directed to pay
particular attention to that house Joseph Ward was
ordered to atte nd to this house by the Alderman.
himseif Ward the person that reported; often
parsed the house In the day me never there ave
warrant. The policemen reported, about the house,
BAW men ana women go In there.
Gerry business and knows No lis Spring strest lives
| on the corner In the n.ghborhood never saw any
| thing wrong or Improper there
| Cross eram,ned-I have been in the house, prisoner
Sea Win me ior groceries never spoke to her In her
THOMAS MoosE, policeman, testified that he knows
the house in question: nothing particular between
the 1st August and 18th october passed ct all hours
OF the day and night; saw women go in there by day
and pight; did not know them, did not look under
their bonnsts. (Laughter) Saw men and women go
in there about two o'cockin the morning. The case
! here closed ON both sides.
| lin the testimony of J. Livingston, reported
the previous day where he au ded to the Gene
raj Starkweather having sccompa MED him to IT'S
Spring street. it should have been added that he went
there PROFESSIONALLY and Of course on matter Of bu-
| The case was here summed up and his Honor Judge
opening remark: b. took to sads 70 the &C.
neral character Of the proceedings and to houses such
- the one In question, which we're to be found In all
communities and were after all to be looked upon
necessary evils, like upon the body polto. Such
wa was the nature Of society in large cities, that
! to to check such . vice had signally failed
Some time ago it had the Of the
King Of France; but, after short experience, IL
found out that the remedy the disease
and the consequence was, that Woe was legalssd In
fer the jury to speak out plainly and to discharge their
duties good citizens and good in this
to matters they straight in the face As
far rs regarded single isolated such the pre-
checking TIL. vice. he would merely u rsmars that
him Of the fable Of Hercules and the Hydra,
who when he had succeeded in quitting of one head,
another Immediately sprung up else where suoh
had been tho result from experience in like the
present. This vice had been prohibited by Law. and
they, therefore could not the OK stence
Of any such These kind Of places
been for centuries and they existed for
centuries; and turned out after all that these prohi
billions were all CANNON. Wherever, therefore, any
particular case Of this kind is brought within the
any citizen acts in manner injurious to tho peso:
and we'll being Of society-it Is the duty Of the
District Attorney to Prosecute, ana It your duty
| II satisfied as to the facts Of the case, to find .
Court to m,s out that pun Punishment shsS the ss
awards The defe ndant then should be tried sccord
ing to law and evidence The existence Of such vice
% this may be- and Of course H. Is very Objectionable
to be lamented, and it, removal would doubtless
be great benefit to society. wel all this muss be
rous effects Of suoh calling; but you, gentlemen,
not to allow any prejuAcss that EXIT in relation
to influence you In your deliberations in the jury
box You are simply to try her by the evidence be-
She is not gentlemen to be made saorihcs propi-
tiate public opinion in this What may be deemed
:,n,ssy and peneaci. BY what called public opinion
bad; and public opinion both uncertain and unsafe,
s guide to innusncs jury in their deliberations in
| while approaching this case and looking upon It
In this connsxion, 70 brave public opinion: 1t
v.s often made through the influence Of tn. public
ss-to be cure, honestly influenced time end
an individual who Yields upon tho pubic press.
70 produce this public opinion, ana therefore, the
It Is enough cay in the whole worlds history,
from the time. and beyend the time Of the Rsdssmsr
have had to bow their nscEs be nssth this monsssr
called public opinion. and while you value, gentle.
men, 2 sound public opinion and know iss vaos, you
are not IN the discharge Of public duty to inltot
private wrong. Whether IS jurors or individuals.
you are not then be Influenced in your Decision in
and decide to what is right. and that !: Ii: only
thing that gude you coupled with that stern i'm
partlsty which the essence Of ustioe. II this de-
fenaant is called the notorious Mary Fowsrn abe Is
still to be treated here ~ any other that comes
ever 30 stepped in crime is to be trsss.d - the mose
exalted In the eyes of the Law and, therefore, this
woman 20 DC Tried here, not BY her past life, but BY
the facts introduced upon her trial. The evidence
In the case was Of two kinds first, a. to the
elias: Of persons seen visiting the house, and
Ills Honor here briefly called the attention
of the jury to the testimony introduced for the
on to ADVERT to the testimony Of John Liviossson,
which stated that in conversations had with Mary
pore. In the Of Lvingston's examination his
honor oontinued-Msny Giro umstsnces had been intro
duced not rejecting highest degree Of credit upon
| IlylD00tOU uol ka taaei hmm
OF this witness his Honor continued-U ndsr all cmoum-
stances the testimony ofths Livingston dses stand
In The most enviable light before this He pub
hed remarks TO his professional virtue and prnci-
pie and his acts have proved somewhat inconsistent
Of the public and through the voice of tho pub
lie press This was al very proper thing, IL true, and
but when on oath he gave difersn version should
more or less affect his crsdbility Among persons Of
the truth hons out where their credibty came to BE-
questioned In court Of law, and IL often happsned
that the most unforsu nate woman dspravsd in
habits would shrink from the imputation Of telling
sle and IT, therefore, does necessarily follow that
because man Wits such house ~ this, he would
they not therefore, to be- measured Sy the same
standard. Much Of the testimony depsndsA L.
NE circumstances they we're to rely upon his ore
oionty In relation to Mr. Cameron, no would BE- In
suchsps he had done in the ease testimony was
highly credtsble TO him and remsined unimpeaohed
~. 0f ens osy 10 .s .s ms had
sented In disposing Of the case, they should DO
strictly upon judicial evidence; and in this regard
there must be judicial belief II they believed tho
testimony tf Livingston, to the declaration OF Mrs.
Fowler, with regard to female member Of Mr. Came
rons famiy-h they believed that she Of those
parties that prowl about inruds Themselves into
private families, with fair face and In fair habi-
ments and lays plans for the destruction Of the vrtu
and the Innocent they should deal with such
characters deserved but should be recoected that
depended altogether upon the degree Of credit that
should be attached to Livngston the witness who made
the charge His Honor continued he had done with the
and had extended his remarks further upon this
matter thsn bad been usually done By occupants or
that bench but he felt that this woman wAs 70 b
tried by law, and 1t not therefore, for
them to approach the case In she mack Of Hypocrisy
1t strictly the duty Of the judge and the jury Aad
all engaged In the to try 1t by the rules OF law
and none could disobey the law. Crime here esnnos
be suppressed by isolated prosecutions suoh % TINS,
| continued his Honor unless something Is done ~ the
authorities to check It. He had said thus mush, In