Staunton vindicator and general advertiser. (Staunton, Augusta County, Va.) 1858-1860, 1858-09-25
FiDcastle Va, Tragedy---Acqlittal Of
Mr. Bower.

Mr. BOWyer.
The trial Of Henry W. Bower for shoot
ing James Mcdowell, ST.. which has been
in progress at Fincastle, Va, was termina-
ted on Thursday last, the eighth day Of the
examination, by the acquittal of the prison
err. The provocation to the shooting, it
will be remembered, was the alleged seduc-
ton by Mcdowell. who was man advanced
in years, Of Mr.. Bowyer's daughter. Both
the parties were wealthy and prominent
men, Mcdowell being President Of the Fin
castle Bank, and the case excited the most
intense interest. The proof that Mcdowell
had debauched Miss Bowyer, induced her
to leave home, furnished her with money,
and directed her to houses of ill-fame in
Richmond and this city, was of the most
positive character, and contradicted only by
McDowelPs dying asseverations which were
read to the Court on the closing day of the
examination.
Dying Declaration Of James McDo,peu,
Sr.-The counsel for the defence making
no objection to the reading Of this paper,
Mr.. Anthony, Attorney for the Common
wealth, proceeded to read it, as follows:
1.-The deposition of James Mcdowell,
taken in his sick room, in his house, in Fin
castle, on Friday, the 9th day of August,
1858, before John Amman, Justice of
the Peace for Botetourt county, said James
Mcdowell having been first duly sworn,
deposeth and saith:
Question by Justice Amman. State
whether you believe yourself to be now in
dyingscondition.
"Answer.-I have thought SO since last
night, and the attending physicians have
confirmed my own impressions.
yesterday, the Goth of August 1858,
was behind the counter in the bank, re-
ceiving transfer Of stock from Andy Oben-
chain to George W. Carper and William H.
Smith-(the deposition here says this an
swer read incorrectly and it was corrected
by Mr. Mcdowell, who stated ;)the transfer
was made to VIM. Ell. Smith and George
w. Carper. was writing at the counter,
with my head down, making the transfer,
when the first thing heard was the click
of whatl took to be Colts FIVE shooter,
presented at me by Henry w. Bowyer.-
The pistol missed fire and gave ME an op-
portunity Of asking him what he meant, or
what was that for, don't recollect which.
He made no reply, but fred again. and shot
me through the arm. I was never more
surprised in my life than was at such an
attack, having never that can recollect,
had any difficulty with Mr.. Bower, or
given any just cause Of offence. / still
asked him what he was shooting at me for,
and being completely unarmed- having on
~ steel pen. in my hand, l endeavored to
| get something to defend myself with while
he kept on shooting at me. [ attempted
to 60 around the desk to get to the opening
that goes behind the counter, my cane be-
ing outside the counter, he then met me at
the opening, unarmed as [ still was, and
shot me in the shoulder Cleft shoulder) as
think, or to be entirely correct, few inches
above the nipple on the left breast l then
stepped back to get chair and was side
ways to him when he shot me again, three
or four inches above the groin, on the left
| side Of the abdomen. ] picked up the chair,
wounded as | was, and threw it at him
He lodged the chair and left the bank, he
never having spoken word from the time
he came into the bank until he left it, and
| am still unable to say why he made this
attack upon me.
N GAMES MCDOWELL"
| Appended to this statement is the follow
ing -
"Mr Anthony stated that he considered
it to be his duty, though an unpleasant one,
to inform Mr. Mcdowell that the rumor
was, that Mr.. Bowyer had acted as he had
done, because he, MIR. Mcdowell, had as
sisted in getting his daughter away. In
reply to this Mr.. Mcdowell said :-"Well,
sir, SO help me God, had nothing to do
with it on Gods earth, and if the facts
could be known, I was as much opposed to
it as her father could possibly be. These
a re the words Of a dying man. NV object
in going North, was to fulfil duty which
[ felt to be incumbent on me. / have two
sisters there and wanted to see them and
give them some aid. These sisters [ had
not seen for thirty-si years. This is to be
considered as upon oath, and part of the
deposition which | have given. August
9th, 1858.
The defence asked Mr.. Anthony to state
to the Court the circumstances of his pres
ence when the dying declaration was made.
He said that he was in Roanoke when the
shooting occurred, and was sent for, it hay-
ing been thought that my presence would
tend to allay the prevailing excitement.
Both sides here said they had no more
testimony to offer, and the counsel retired
to consult. After brief absence, they re-
turned, end Mr.. Niche announced that
they had mutually agreed to submit the
question without argument.
The magistrates now consulted together,
and the strictest silence prevailed. It was
with many a moment Of deep suspense
The accused gazed intently upon the Court,
his handkerchief placed against his mouth,
and his face slightly flushed Soon the
Presiding Justice made the announcement.
CHE CoURT ACQUIr THE PRISONER"
An outburst ofapplauso followed, which
the officers promptly checked. Mr.. Bow
yer was surrounded by his friends, who
rendered him their sincere congratulations
and then accompanied him forth, free
man.
-Four Of the Justices on the bench voted
in favor Of an acquittal, and two were for
sending the case on for further trial