The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-03-22
Ca sc of Or. ,jimoBs.

nious, reuarsi v.ry JustIy that the srondens dsa
vss ofsh be dedirgs Il the Court MIN, IS
ins, contrary both We la~ and evidence I'D psc
his poisvor.ule decision and Dismissal e,laiy u
grpDo If bis leaving hii for six day, without
rp Lie publication OF sickness, whilst for nor II
present oihsr comment upon the pjnsu;a joae him,
I" the record Cor which there IL ye copy
reg he favor ~ you 70 publish the psuy log stat
oath Of ia ee Conway, OF Kansas origllau
troro Bsiiioo'e, spd welt known here; sed $50 tha.
Mr. Bowen OF P,nusyivscia, who were so,n ~ F,rt r
ey tho time, al Oh absent s. tae time fis
not sitnesses before tho Court which think viii aope
epeiusive uonn he only point IN which t1e Pissider
thinks tim implicated. Yours res pecttuily
p. s. Mer hsviDg broken himse,f down in ts servc
vice sna having renewed the SELLERS Or. Sinnons hs
the moral courSge 20 leave bis hospital IN charge OF
tter pty.icisu With bis family fer six days. aatN aols
iesume his cnles
Arp,nAvrr OF JUDGE CONWAY.
WAsniSGToS D. c., Feb 49, 1858.
am inforr Ell ,hsi Doctor Smons late Surgeon in I'd
Uni "a 3 stes Amy, has recently beea declared by
martial to rave EFF his post Without Jus ifcaho
during he alrrce CT the cholera At Fcrt Rsy les
August and in consequence has heen discussed by th
President from this pubic service. Although but N
casual acqnsr of Doctor sinous, yet deea 1t
,u,y urder be circums tances to submit word tw
- testimony
wss weren't g. Fort Riley during the period Of I'll
VII itson Ct cholee, ana when TIE o. that fear
NJ tcouRe their height. and am therefore
what xapt of the hearing Of Doctor smons under
tryipg circumstances o. his condition.
II IL true hat Docto- s. left the tort during the
tpuanae Of The eoidf mic, but not until down b
ftenuona efforts 20 srrest it's progress and himself on
Ct liz NC st helpless victims; nor, may add until h
bse secured 10 the hs 'elloE sufferers WHO remained
ct the fort hat medical attendance cred necssssr
by the exi9encies OF heir ituat.on.
At the lice II the oholer. DR.. Siraons the cal
surgeon st the fort, and although dd not meet wit
him here was informed by those With whom con
v.rsed aud had bean eye Witnesses of ha conduct
that hts 'aoors in responding to the dsreds Of th{
flick lnd the cying. in every direction, dsy and ogh
we're ar6uOuR and devoted, aud almost without inter
mission
His pxeriiops said 70 have been excessive, anl
49,
strongest COM tuition. 1t therefore concluded n
every body vi gbnra hsd occasion speak afer IL
repors Lis ir had speaa through unity
that be- Sickness cue IN grest degree 20 over
lion in he fui,'neat Of bin pressing ana EXTENSIVE
duties.
saw Dr. $. uyeel Immediately afssr lie had left III
fer. We were both On GU way eastward a. The saae in
Re ps..sd the road IA carriage and stopped at
heuss a lew miles below. The car iags Oiled viii
wep women and ettldreo feeieg from toe pssttlsp.a
Wheu schsd this stopping Qls:e fJurd the Conpse
restrg thsmsa under toe shGe Of soo1e trees net
TIE bonEe. b. SimoEs sittug down 2osiug !.
pillow sgslpat tree aco attended upon either side BY
lacy. ! approached, stoEe 70 hrm, and extended IN
hsno; he teebIy preFen ted his without utteripg
wcld. He appeared extremely dshiitaed. Hia face va
pale, enacated and hsecarc, snd his fkin cold aat
c.amny he that o ore approaching ssolu'ioD ne "
to all appRxIarcea as SICK person az bebsld
Ifquirtc u those around 10 his case, and toll
that lie had been taken down by the epideni:, hsd EN-
ricyed me usual remedies, ou. seemed far to havt
received benefit from thero felt cnyin:ed that th
the OF ch olera, pposed nd
would be dead before night
may also be prcreF for roe to state that Dr. White
borne vel. known practising physicIsD resi- lent the
town Of Junata In TBS nsghborhood q the Fort oform
tSSt he had os sent for by Or. Simons and e,gsg
I'd sc IS physcan a. the post during the absence u
the former.
The extraordinary result Of the court uaral in hi
care Is veil % the action Of the Pre- dsn thereon, hav
affected me with deep surprise.
The facts un9e stood BY teose who wsre On the SCOT
at the tiTe o. he alleged dsrec'ion sesnei place Dr.
Sine above the slightest suspicion Of diaposion I'd
shrink from brave aud full performances OF bis duty
No supposed him ca patle Of
vi
rage, who IN twt and in times Of immnent
cannot efore, but fear that unfortunate
agn influence has presired these strange proceed
pg.-proseedirgs by which the pubic service has been
deprived OF valuable .cer AID great iDjssse naiets
This twenty pinth cay Of February 1885, personally
Wsshirgto D. c. Martin Conway Of tho Territory Of
Kansas end cath TO the truth Of the statement a
facts contai, ed IN the foregoing paper.
EXTRACT FROM LETTER JUDGE CONWAY OF MARCH s. 1861
Permit ms 10 say in reply to your kind thanks for
testimony in regard to Dr. smons that neither DR.. 81
have sim ply told what it had accidentally fAen
my lot to know, and to have been able to the
'ifcation, for which myself am profoundly grateful
= -'4'- '''p@'' - ''<-' - NJ CONWAY.
To L. Cuttings, ESD Baltimore.
AFFIDAVIT OF Mr. BOWEN.
Personally appeared before me, Hsncy Fleming Esq :,
Justice OF the Peace John Bowen resident of the bo-
iouph of Westches:er. who bes according to w
declares and Gays that during his travels in the West the
pas; summer, to wit, A. d. 1850 he remained several
bali miles om the military post at Fort Riley in Kansas
That during his stay Pawr be had frequtn.
visit the post and often called at the hospital That
at the hospital number Of times prior to the occur
Of the cb oera ut the post end Dr. James Smons
at all hours engaged in his professional duties 10 conse
queLce Of the recent arrival Ct about four hundred work
who were engaged in various employment in pre-
pairing buildings That at, and immediately before
the the first Of Anatc cholera DR.. 81
frequently at the hospital and In attendance
upon the workmen at their quarters at night we'll
through cay. That this ceponent present tho
morning SATURDAY. the Goth oJuy at the hospital when
the fist clearly marked Gaze of cholera under sxam
nation Dr. Simons that time. On Tuesday,
at an early hour and found DR.. Simons thoroughly
bausted, the hospital steward reclining on mattress,
both having been up nearly all night and D., sm.Ds
camp Of the surveying party, which left the previous
day. he having been sent for 70 visit DR.. Smith, who had
b.. ,shen .uddenly risk Being quite unwei on We'd
nesday md Thursday, deponsnt not the post again
until Friday Having heard on Wednesday afternoon
Friday after breakfast to zee him carriage was It tbs
toor and DR.. Smons ready vi ID his family leave
designing ss opponent believes to 60 to the house Of
frtm the post peponent had but little opportunity for
inquiry, and he cannot cay whether 1.-THE following i
DR.. Whitehoine, the hospital steward and Others but
their impressions that ncessant watching while
active cu and the OF disease the day
before, had completely rendered Dr. Smons undto duty
as yscian while to remain at the post plainly
~ the peril Of his e The observations Of the deponens
curing the dsy Chiefly spent at the post sitter Dc: ST.
left fully warrants the opinion that rest would have
been possible and hs the guarded privacy would
have been broken upon in the panic and confusion pre-
varg everywhere at the post. The fact this, Dr. White
horne in attendance upon the sick when deponent
arrived Friday morning is within his knowledge That
he had been sent for to assist Dr. amons not to be his
substu ia matter ofcurrent information bat whether
informed prior subsequent to Dr. Simons departure,
opponent not distinctly able 10 state neither
dsponen present during the illness of Dr. Simons the pre-
vious day and night, although informed Of 1t Thurs
day, and more fully on Friday subsequently.
Theatres and Exhibitions,
BROADWAY THEATRE The popular equestrian dramas
of "hmcur. the Tartar" and the "Cataract Of the
Gspgeso will be performed for the last time this