The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1858-09-13
his hand to his side. He had no weapous. Think
there vas key and koifs in his pockets.

BY the Defence:
vas At Prices tavern, dining, when the shoot
Ing took placs;-when got to the bank, after
passing greas many people, 1t seemed TO me that
| recognized MT Bowyer passing into Mr.. God
.in = but don't positively know. Iaidedin taking
Mr.. Mcdowell to his room aud In undressing him.
The FIRST that knew OF his being in difficulty he
va holding his hand to his left side. Saw no
| arms, but thought there was something like .
small knise and key 10 his pockets
Dr. Charles Williams sworn--deposed a. follows:
] was called to see Mr.. Mcdowell shortly after he
| received the wounds. found him lying In bed,
aud examined the wounds with DIR. Carper. There
were three wounds: one 10 the left arm through
the front bone; one just below the left shoulder,
wherea ball had entered, but We could not trace
it-thongh We found a confused place between the
lett shoulder and the spine and supposed the ball
side, near the 9th rib. We attempted to probe
! this last, but IL went downwa-ds and forwarde.-
| There was an examination Of the dead body, and
we iound that the ball passed 10 by the 10th rib.
| and below the lower edge OF the liver-passing
| near the spine and turning downwards TO the pei
| Wis, where it was lost. Death caused by this
wound: There was coagulated blood and serum
| In the body
The Commonwealth here aunoupced that they
| we're through with the examination in chief, and
| witnesses for the defence we're called.
Joseph r. C1ant, sworn.-I was not present at
the time of the shooting, but was Immediately af.
| terwards Heard sound as of q concussion, and
| deorge Carper came to the back door of the bank
aud cried murder. When got half way across
| the street saw Mr.. Bowyer walking to Mr. God
| wins. When got to the bank saw Mr.. McDo.
we'll with chair-and he said where is the scoun-
| drei-or the d-u scoupjrei-I don't known which.
l went to Godwin's-Bowyer was remarking to
Goodwin what he had done. stayed in the bank
but second.
| THE witness proceeding to relate the state
ments Of Mr.. Dowyer to Mr.. Goodwin, hut the pros
teution objected. Mr.. Niche then said that he
would examine Mr. Goodwin upon that point.]
| Thomas G. GDd,otn, sworn and examined was
| m be hal r. ipp cat fto ia
| when heard firing and before it ceased started
| TO the door. Saw Mr.. Mcdowell trying to defend
| himself by moving about rapidly. Could not see
| Bowyer, but he soon came out walked leisurely TO
| the store and entered
! Q What were Mr.. Bowyer's declarationsi
The Commonwealth's counsel objected to this
| question. MIR. Daniel addressed the Court in Cd.
position 20 receiving the statements and sxplaua-
! tions OF the party who committed the homicide
Mr. Anderson replied con tending that if this we're
| excluded, no defence could ever be made In the
case under trial He alluded to the case Of Myers,
| in Richmond, wherein evidence of the same char.
| scter heard by the court-tbe court saving
they would hear it and then judge of its MERITS
1t the court does not allow this evidence to be
admitted, it will be mere mockery Of Justice.
MIR. Anthony (for the Common wealthy replied
| quoting authorities to show that the prisoners
declarations were not part of the res oesf9
After reJoinder by Mr. Anderson, the court was
addressed by Mr. Edmondson for the defepce, and
by Mr. Niche, on the same side, both in speeches
| of great power and e0Quence. After further dis.
cussion between the counsel, Mr.. Anderson ap
peaied to the court to hear the declarations made
ty Mr. Bowyer Immediately after the shooting
The Court decided to hear the evidence
1hos. G. Godtcin resumed: Mr. Bower said
| something about shooting Mr.. Mcdowell: that he
had been prevented from killing him by Billy
| Smith. He then gave himself up. with his pistol,
and said he supposed would admit him to bail
| as the public understood the circumstances under
which the act was committed. Many persons
| came in. was called out, and heard it said that
| an attack would possibly be made upon Mr. Bow
yer that evening The witness was here stopped
by the prosecution, but afterwards allowed to re.
peat what he had said
don't think Mr.. Bowyer stated the circum-
| stances in general terms. I understood him to
| say something about his daughter.
@. Did you understand him to say something
about his daughter!
This was objected to by the counsel for the Com.
monwealth. and stopped.
The witness resumed: He appeared much excl
ted. i never saw a man more ST. The conversa-
tion commenced near the door, and the pistol was
handed to me in the counting room. think Mr.
Word was the first person who came in Mr. Gauut
also came My door is exactly opposite to the
bank window, and about forty feet from the .bank
door-in an oblique direction.
By the Commonwealth:
The pistol WAS delivered to me, and gave il,
with the papers, TO the Clerk. Can't tell how long
bt fore MIR. Word came in--though twas but q
short time. think Mr.. Bowyer came elo~ly across
tie street, though he was excited. I heard the
shooting and went to the door. Saw Mcdowell
throw a chair across the counter. Immediately
saw Bowyer come out-suppose it was not more
than one or two minutes. had not seen Mr. Bow
yer from the time his daughter left until that
day.
By the Defence:
came here in 1925 aud have been acquainted
with Mr.. Bowyer ever since. His character is as
good as any mans can be- He Ia a very quiet, un-
obtrusive. law w-abiding man.
Joseph p. Gdunt-recalled II was ut Godwin's
Immediately after Bowyer went over and delivered
himself up. first heard George Carper halioo,
and thought he was at Godwins when half way
across saw Bowyer from the bank. Stepped in
and saw Mcdowell with chair i'm his hand and
he said-where is the scoundrel-or d-n scoun-
ireli saw that Mcdowell was shot. As an Off
Ger it was my duty to pursue the person who com.
mitted the act-and went to Godwin's. Asked
what is all this about? MIR. Bowyer said-I he
is not killed, Billy Smith is responsible for IT,
came to discharge a dHty l Owed to my family and
the community. He also said-I surrender N.Y.
self to Messrs. Goodwin and Gaunt-snd asked that
Capt. Breckenridge Ia brother in-Iawl might be
sent for to go his bail. 1t was very exciting
time. Mr.. Bowyers remark was-sThere was an
obligation resting upon me and my family to do
" hat have done"
by the Commonwealth:
MIR. Bowyers house is nearly half mile from
the bank.
By the Defence:
lhave lived here all my life. Have been in pub.
lie business twenty-five years. We have no better
man than Mr. Bowyer, as alaw-abiding, correct |
and useful citizen,
W1a. E. a. W5rd-sworn--deposed az follows:-
was present when Mr. Bowyer surrendered him |
self to Ar. Goodwin. Previously was in Morgau's
shop and some one said there was shooting going |
on dumped up aud ran down to the bank
Was told that Mr. Bowyer had gone over to Mr. |
dod~in's. Went to the counting room and found |
bowyer there, much excited. His face seemed |
elongated, and his eyes were CLASSY. 1 asked
~hat 10 tue matter! Mr.. Bowyer said that Nc |
Dowei had ruined the peace of his family; he had
shot him. aud but for Billy Smith, would have
killed him, that he came for the purnose of killing
MN; that as he passed the corner OF the bank he
sa" Mr. Mcdowell through the open window wri
ungat the counter; that had he been disposed. he
could have riddled him then, but did not want 10
take that advantage, that he walked in and saw |
ssSerai persons, one standing between him and |
Mcdowell, and he pushed him aside and said ..Mc.
Doweli, look up" that he did look up and he suap.
ped the pistol; that Mcdowell seized an open hook
from the desk to shield himself, and exclaimed
"Oh.'' that he (Bowyer) took ain, as we'll ns he
could, aud the's second time (McD using the hooE
and the counter being Ligh) it was with difficulty
that be could shoot; that Billy Smith then grabbed
him, ana every time he shot he either jostled
or grabbed. -H.--
Mr.. Wysor, on behalf of the prosecution. here
objected to the reception of this testimony. but
the Court decided 70 receive L..
Witness resumed: Other persons were going in |
and ouf. igemained there an hour or two This |
conversation occurred but short time after en-
tered. II was said that young Mcdowell was |
about TO shoot Bowyer. Mr.. Bowyer stated that |
he would have preferred that Mcdowell should |
haze applied the midnight torch OF an incendiary
TO his dwelling, and burned himselfand family 10
ashes, than TO have persuaded his daughter to
leave her home and placed her in q house OF I'M |
fams in the city; that his peace of mind wa. de
.troyed forever, and he didn't live; that his
mind had dwelt upon the circumstances, though |
he had en2eavored 10 divert it, that on one occs.
sion be took up a newspaper
The counsel for the Common wealth here inter.
rupted the witness, but the Court after listening
TO argument decided to hear all the conversation
that occurred down stairs
Witness resumed: Mr.. Bowyer talked continu- |
Ally He said that his wf, came and asked If he |