The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-21
The Great Mercantile Islander suit.
sUpERIOE COMMUNIST PART.
posDra H., Irdoo wnodruF

Before Hon. Judge Woodruff.
NAV a-Ia,ehard q. F5ulz rs. Horny q. Bo,csS This
case was ted once before, whsB the jury rendered
oiot Of $1,000 the plaintiff The com q again,
new tral having been granted on exceptions taken The
u,aiptT had been a clerk sale man In the house OF
Doxep 4 McNsmec. and being DESTROYS OF going West
,ceved from ,ha, firm letter of recommendation sub
.eouen,,y the defendant having heard that foSes vas
recommending the house of Geo Wood, OF cincinnati, to
deal with another house in New York Tor gloves instead OF
With Bowen McNamee, they Withdrew their impression
a Mr. Fow es aid the defend ant hheiled hun Ia the ian
aes alleged the exoes great interest In The mer
cspie comm unity. Both parties target, repre- .ented
nv COUNSEL Messss OCOnor, Perregoin and Fulerion
r plaintiff, and Messrs. Cutting, Evart and Parsons Tor
deckoant
Mr. Perrepoin in opening the case, remarked In sub
a,auce; 1hm acton brought by td;hard H. Fowes
lsn;iG recover damages against Henry B,v"a, Tor
sisuoertus woods uttered ny tho latter. Mr. Fowies In
1910, young man, almost boy, jus. arrived rom
city OF Cork, in Ireland to sock his fortunes In n's
County He a ranger and without friends but he
cad letters OF Recommendation which Obtained him stu
alton clerk in the house Of A. r. Ae-srs Co He 70
main there some TINS, and then obtained another itua
non i,h tho great siK house Of Bowen AcNamee.
Afer remaining ,hrre YEA they rai@ed his saary and
Engaged mm for another year During .hi' lat year
quar- ei occurred betwee fowles and another Clerk and
tslwep discharged both for the ak' Of discipline
Eowle- concluded West and the defendant gave him
letters of recommendation Of the tron EFT kind George
NJ Wood Co., Of Cincinnati He went there and obtaaed
A situation with them Soon Alter MEMBER OF that hrm
mr.. Coie) coming 70 Ne~ York 70 buy gooas rhey
la. psevioa,iy bought their gloves from Bowen n
NcNamee, but this occasion Fowlos gave tho n
letter to the house Of Cert, Bier May,
telling them they could buy their gloves cheaper
there On coming 70 New York. Nj. Cole called Csrf
der May and bought his gloves from them He then
called at Bowen McNsmees, and 1t was disclosed tha
hs had bought his groves exhere Upon this Bowen
called aside, and told him that he had one thing TO
tell him about that youDg fowes whom he had taken
hsd become such notorious La that he could place no
ccnadence in him, and that he had 80 strong doubts OF
mis- honesty thar he han employed police force To watch
him. His motive that Fowles had injured bis trade,
he wanted to tiscrct him ana ruin MIA character 80
that Wood could not believe his statements. Mr.. Cole
sent WORD homo his part of what Bowen had told
nm and the consequence was that Fowies vas ne
distey discharged but before letting him 90 they look
ohce officer searched his at his boarding house.
breaking open his trunks in search OF stolen goods but
f,und nothing but clothing and books. tOwleS
here thrown an his own resources Ia q
get and keep another situation, as Bowen
fellow him With his SANDERS from place TO place, ne
chusc wisely back IN New York. and seek at tho
hands Of q jury vindcaiion OF his character. The
defendant ls not n bad but be Is ono OF those
who pray my Will" and not " thy will be done;" and
he has endoavosed crush his young by defamng
his char ,cer he caused hs trunks searched and
hat they find S-hs clothes and his books in which
he sought recreation in hi, hours that were not
devoted TO business We have got notice that Mr. Bowen
will be examined Witness aud that no objection will
made to the examination Of Mr. Fowles; the jury would
then have opportunity before this trial terminated Of
Judging whether the character OF this young does
stand high other mar In the community and
it did not then be would ask no verdict IN MS oehai
They cannot blscken that character butsby perjury and
would be met by respectable testimony. But Mr.. Fowes
had bis possession false trade marks belonging 70
or quality (and Supposed 70 be manufactured here) bore
the mark Of celebrated French house. Is for the jury
say whether it rs just of these defendants % mako
mon ~ In that way and build marble palaces by such
He (counseD believed that the plaintiff had been
foully siandered but however poor and humble he
which he had lived, to meet the lion In bis den,
and ask this court and Jury 70 say whether no Is
thief and sr or wn s b0~s sho,n - .,
Judge this community but started poor His capital
his character Take that away from him and you take
tried BEFORE the jury gave Mr.. Fowss verdict q
000 and all Of them, one, were In favor Of
than So 600 He ooed thai when this jury heard The tes
many they would place different estimate Of the value Of
xr OCopor read the dispositions Of Jacob r. Stone,
partner in the house OF George Wood, dry goods NOR
chant Of Cincinnati 70 chose house Mr. Foscs had pre-
the Arm OF Bow en- 4 McNamce, the defendants.
Mr. Cutting objected 70 the reading Of inc esscs 0 Mr.
Rnied on, for tho present
Reading continued-Fowles was engaged by Mr.. Wood,
busness. where he Mr.. Bowen, OF the house Of
Bow, u h McNamee; Mr.. Bowen asked him (Coes) into
his orivae Office where he said, Fowies had become
such no ori,us liar that could place little conf
dencc him. In fact have strong cause 70 ioubs his
honesty strong thai have written 10 Mr. John Shi
brough, from the fact Of Fov!cs having
some six trunks In bis possession when no left New
York"
Have you told as everything that Mr.. Bowen said
the supposed dishonesty Of Mr. Fowes thai OCCASION
A. On reflection think the language used oy Mr. Bowen
that 40 strongly convinced OF his disho-
pesty that have written TO John Shilet,o &c a. be-
fore suited this Is all remember that ~as stated The
following Is copy OF the letter Of recommendation
yoRA, Dec Is ISL
The Of ths Mr. Richsrd Fowles being desrcrs
seeking the West affords much pleasure
say he In employ tor the last two years
during which he has had chsrge OF OF principal
aud attended u his duties IN competent and
ttrisctory manner bO"br hcNAHhE
Mr. OConor further TO show that Mr. Cole, hearing
the character Of Fo~ les given by Bpwen wrote home 70
his 6rm Ia Cincinnati, and hat Fowle- Immediately
" missed the " George Wood co That letter
had been lot they proposed 10 prove W purpot oy
testimony of MIR Hopkins one o the partners OF the
Cincinrsn lrm Collected 10 aud overrued
Mr.. OCjror thea conuued u read from .bc testimony
Hopkins IN vhch he states that on the cceip' OF
ctier from Mr. Cole written from Nev York, Fowes was
d~harsed Mr. Cole In hs letter stated that Foses had
become yucb "a liar they had no confidence IN MIN
Adjourned 70 IL O'Clock Tnursday morning.