The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-09-23
SUIT AGAINST 4 uGu.AsoE somnYrrEE.
The Tarring and Feathering OF Coiored
Man for Alleged Illicit Intimacy with
Young Imbccile White Girl la Hud-
son, COlumbia County.
SUPREME COURT-CiRCUrT.

son, Columbia County.
SUPREME COURT-oRCUrr.
pAx-cLosE r1ssuMosY
Before Hon. Judge Potter, OF Saratoga county.
Sar o. William Mo.prs (colored) rs Peter Bogardls
Abram Bogari,s, William IL Hunt, Myron Fan Dussn
Silas W. Toby, Charles s. We7seheH and a. y r Ekra-
The Court, has been the since the commencement
OF this extraordinary and interesting trial. densely
crowded
Myron Van Duscn, one of tho defendants, was called
and deposed-I live in Hudson, and know the plaintiff
recoect the time he arrcd and feahercd had been
acquainted with him for about six years before that
tina! evening was sitting in my store, which is nearly
opposite his shop, when heard noise, and saw the
plaintiff down and couple of men kicking him; went
up aud he caught hold Of my coat aud said TO me- What
in the name of God arc they going to do with mcSi
heard say Take him aloug;' advised him to
60 did not know what they were going do with
him. for felt he was being abused; when they got to
the square r heard OF the intention and feather
him; they got plaintiff away from me, and then some
said be Is to be tarred and cahercd Crist IL the
man who spoke think told the crowd not hurt HIM
Mowers some said that II myself and others did
not keep mouths shut thoy would tar and feather u.s.
the defendant Winchel, also the friend Of Mowers
and attempted to prevent his being nured in the square
Crst and Howard took active part in 1t; did not Join
in the acts of the crowd did tell the plaintiff that
he ought not to have fought back; did not tell him
wanted 10 talk with him. Didn't say when in the square,
g Boys, have gotl him here, do with him what you
please" nor anything TO that effect.
Henry Miller testified that he commissioner of
deeds, in September, 1860 be saw Mowers at Mr.. Pelps
house. in Hudson where he executed power OF attorney
TO Pell.
Abraham Crist testified that at the time of the occur
he knew Mowers; had been in tc habit Of getting
shaved at his shop on the evening IA Question witness was
the shop getting his hair dressed, Hammond, Van Du-
sen and Howard came in and took Mowers out; witness
had gone there in pursuance Of laid plan when the
coast was clear, witness gave signal and the parties
named came in and took Mowers; Howard and Hammond
striking Mowers, when Myron Van Duscn and wit
the square; the crowd increasing Mowers calling and
taking hold Of Myron Van Dusen FOR protection;
this Mowers was led III the square witness told
the crowd TO form riDg-he had charge OF the matter
and il would go through straight the ring was formed
and desiring to give the fellow coat took Miner my
assistant the tar and feathers then fetched into the
ring by my directions they had been provided about an
and asked him If he was guilty; I said
he was charged with ravshiDg an innocent
he stripped himself he first took his watch and chain
asked him in whose hands he wished put them some
one cried out Mr Allen, and others Mr. Bogardus; he
took of the watch chain, &C. and passed them to Mr..
Allen VINO suppose handed them to Mr. Bogardus; loom
menced administering the tar using barrel staye when
the tar got told Miner didn't want to lose any and
took the barrel and poured his head then took
hold OF the bag of feathers and told three or four to help
me; the ring was afterwards opened and he ran away
q DO know the defendants, Peter Bogardus Abram
Bogardls, VIM II Hunt, Myren Van Dusen, Silas W
Toby Chas S Wenchel and A. V. v. Eltng9 A | do
q Did any of these persons have any knowledge
Of this intended of yourself associates towards
Mowers A. Not any Of them had communication
the subject with any OF them; none of these defen
daDs aided cornsciicd or assisted in the commission Of
the act Mr. Citing not walking up and down front
of the barber shop while was there, prior to this act
that could see none OF the defendants procured the tar
and feathers, procured them myself
Gross examined was % years of age last August;
was nearly 20 in July 56, said that my acquaintance
with Mowers began by his shaving me- was acquainted
with him before he began 20 shave knew him soon
after went to Hudson in 1854 am studying law, and
for the last six months. Then this city Is blessed
with your presence as RESIDENT Yes sir {aughtee)
] was not subpenmd TO attend as witness, came
at the request Of the defendants, | had no de-
sire in June last to be witness for Mowers
the plaintiffs attorney and asked him there he asked
me and told him. he then said, ~ don't want you
witness Qaughter) then went to Mr. Dean and asked
him did not want 70 be witness, and told Mr.. Dean
So went twice to the plaintiffs attorney the first time
he was not in; won't swear positively that
there three times can swear positively was not there
four times; did not say that there subpoena served
on behalf of Mowers don't think told plaintiffs
attorney that was very important witness for Mowers
won't swear positively think told him the
tarrng and featherng don't think told him that saw
Abram Boeardus there mentioned no names O Did
you not tell him that you present the tarring
and eathering, and that you saw every Of these
defendants there? A did not; did not tell him
that saw Citing there, and that he told the
mob to 60 ahead the plaintiffs attorney did not tell
was spy, and that he would not have anything to do
with me; did not tell plaintiffs attorney that if he did
not accept of my testimony would 20 10 the Defendants
did not say was determined TO be examined as q wit
ness dd not ten BIN that was not admitted to the bar
because was not OF age understand you that you
was the head consprator in this afairf A. l was;
Mowers was pulled out; he not knocked down. Ham
mond struck him when he pulled him out; appointed
myself master of the ceremonies; seconstitued-
Qaugher); went on before the party who bring
ing Mowers up. Q You went on trotY A. Ycs. Q A
dog trotY A Yes Counsel thought Uaughter.)
cannot tell all the persons who were thore was watch
ing the niger for fear he would get away (iaugher)
can't say that made speech 10 the niger / made
few remarks Q Was that your first speechS A. No,
sir, have made political stump speeches.
Mr. Dean For which party? A. For the republican
party cloud laughter the counsel for the plaint both
belong TO the republican party)
Cross examination cODtinued-l told Mowers TO strip;
nobody touched him but myself told him TO strip, and
he did It pretty fast
Counscl-As If he anxious to get the new sui2
Qaughter).
Witness contnued-I sent boy for the tar, and
and bought the feathers myself; 7 10 the
crowd Van Dusen, Alien Buck Hammond and my
faithful servant Miner (laughter) did not put any tar
on his face did not throw any sand or dust in his face
Redirect by MIR. Dean-I went to Hudson in 1854
@ Was that before your fathers DEATH A. No, sir my
father died in 1852 He was lost on the Henry Clay9
A. Yes, sir.
Counsel for plaintiff asked the Judge to direct the WIT
not TO leave the court before the finish
cd they would have TO make motion respecting him.
Abram v " Citing, Of the defendants, deposed Il
reside IN HUDSON have lived there nearly thirty years
have family know Mowers fifteen twenty years;
wei acquainted with him; remember the time he
tarrcd and fcathered; was sitting in the back part
of my store when the people rushed into Mowers sore
my clerk there, and think my wife, the first heard
Of IT was Dir Benedict, Dcghbor came in and told
that the csowd had taken the niger had not prior to
that been walking up and down before his shop; knew
nothing Of it beforehand not IN the square, and did
not Say, Go in boys-ie Us take the law nto our
hands, We are able TO pay for IT J"
Q Had you Of that time daughter named Anna2 (Ob-
icctcd toy
Mr Dean-We want TO shew that she is in an asylum
and cannot be here as a witness
Mr. Scha6er-Ycs, but you don't want to shew that
she was sent there to prevent hcf marrying young
mechanic
The Courts said that her testimony under the ruling Of
yesterday, would not he admissible
Mr. Dean.-It would be far admissible TO shew where
her father Al the time OF this transaction We cannot
examine the wife.
Cross examined II think walked pass Mowers shop
hour before this transaction took walk after
The case for the defendants here closed.
Calvin W Smith was then called by the plaintiff TO
contradict Mr. Crisis testimony, and stated that Crst
called at his office and asked for plaintiffs attorney
Mr.. Dean requested that this examination should be
taken in question and answer, there collateral
questions in which bir Crst cannot he contradictcd
Examination continued @ Was that about the time
this expected to be callcdf A. Yes sir
Crist before; he inquired for plaintiffs attorney;