The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-09-22
SUIT AGAINST A VIGILANCE COMMITTEE.
The Tarring and Fcathering OF q Coiored
Man for Alleged Illicit Intimacy with
= Young Imbecilc White Girl In Hud-
SON, Columbia County.

SON, Columbia County.
SUPREME COURT-CIRCUlT.
SECOND pAy-HuMoNY FOR THE DEFENcT
Before Hon Judge Potter, Of Saratoga county
SEpr I-Wiiliam Mo0ers (cotored) u.s. Peter Bog1rdus
Abran Bogardts, William H. Hunt Myren Van Duesen
Silas W. 7tby Charles s. Wenchen and A. Y. v Euisg-
At the sitting Court this morning Of tho jurors
desired TO be excused Of the illness of men,
her of his family. Counsel both sides consented to
proceed with eleven jurors
Mowers, the plaintiff, recalled to the stand and his
examination by exJudge Dean contnuedThere is
other colored man that know Of in New York named
William Mowers; lived in July last at No 12ls Division
street; have lived in Mott street, there was no coored
woman in the house in Division street while was
there; cannot say where Mrs. Sharp (he clarvoyant)
is now; saw her last summer 1.-THE witness
examined as to the locality Of the square where he
tarred and feathered l believe my wife used to
work in Mr.. Etngs family; wouldn't swear to it;
her there; there two in my shop
they there for the purpose of screening people when
shaving thcm they stood the night in question
they always did; could be from outdoors, but
the person was shaving could not be seen; when
70 New York went TO my cousin in Laurens street;
had been sued by Mr. Toby Of these defendants be-
fore left Hudson don't know whether he recovered
judgment against me; he sued me and then drove me
away Qaugher); can't say whether the tarring and
feathering took place boards not II in the
square, can't say whether they took inside the rail
mgs of the reservoirs can't say that Mr. Crst he young
in courD the person whose hair was dressing;
did hear any whstlng before the boys into my
shop that evening" don't know that there people in
Hudson called the Wrapping Boys; never said that
was the Wrapping Boys did ii.
Redirect have stated that have not lived with my
wife for three years. was living with her at the time of
the occurrence O. Why do you not live with her nows
60 to her Qaughter) The witness here explained his
dealings with Mr.. Toby who had painted house for
IucaA N ttca rennh hnad uh hrac
bald but the more put on it the worse got augher
Mr.. Dean-When you said they would not let your wife
for one; have written to my wife, can't call it much
of writing, but suppose she could understand it, q So
the tricopherous had no effect? A. Not on his head.
The case for the plaintiff here closed. Mr. Dean then
proceeded open the for the defence by saying that
they would not ask the jury to try this case by any other
rule than the rule OF law, which should guide
and govern them in case where the plaintiff
a white and the equal of the de-
PENDANTS. The law of this State protects alike the
black and the white man. their defence in this case was
on higher ground Counsel then went to argue that
none of these defendants were concerned this
ton In commenting on the evidence of Mowers counsel
said that he had that he did not know that Mr. Citing
had daughter named Anna Citing; but the defence will
frequently in Mr. Eltings house; that his (Mowers)
wife worked there, and that he considered friend
Of the family Mr. Dean then proceeded to point out dis
crepancies between the plaintiffs aidavits and his evil
dence on the witness stand. Mr. Crist the principal
actor in the transaction, would prove that these defend
ants had nothing to do with it, that he (Crst) told
Mowers that he charged with having unlawful inter
course with white girl, and asked him if he guilty;
that Crist did tar him with stave and not with swab
tnat Mowers in the habit Of dressing Crss hair and
sent to New York for trcopherous to raise goaeeo
for Crist though Mowers swears he never knew Crst
(aughter) Mr. Dean then read the plaintiffs affidavit
In the case.
Peter Bogardus, sworn and examined by Mr. Dean,
deposed-I reside in Hudson, Columbia county; was
partner of Abram Bogardus am of the defendants;
at the time Of this was of the Common
Council Of Hudson had been three miles out of town to
Oaverack, and returning with Mr. Terry, and riding
through the square, when heard great noise did not
know what was stopped the horse, got out Of the
answered 'we have got the nigger returned to my
wagon drove to Mr. Terrys barn. and left the horse and
wagon there then returned TO the square, but they were
all gone and nothing OF it, was not in the ring that
day. Mowers did not ask what it meant and did not
reply that knew nothing about it and jump away did
not know what it was about and took no part in I.
Crossexamined by Mr. Chauncey Schaler-l am thirty
seven years Of am brother o Aoram BSgaraus %ne
am in the habit OF being at my store in the evening
O. Why did you go up to the square the second time?
A. To the fun If there was any cannot tell whether
trotted walked my horse to the barn. it is very pro-
bable that in rather of hurry; made an affidavit
in this the motion to change the trial TO Hudson
don't know that Mr. Folger is to be Witness swore in
my affidavit that expected TO prove by Mr. Folger, Mr.
Terry and Mr. Guernsey that was absent at the time OF
the transaction. @ Did state that you did not return
until it all A. did not intend to do so; 1t was
To Mr.. Deap--I came down from Hudson this morning;
did not subpoena Mr. Folger brought Mr.. Terry down
with me.
and Mr. Peter Bogardus out driving the evening
in question, and corroborated his testimony
Amal Folger resides in Hudson remembers the time OF
this transaction; had been Caverack that evening" and
lust returned to Hudson the crowd were dspersng in
csming from Claverack Peter Bogardus and Mr. Terry
pissed me on the road.
Abram Bogardus, one Of the defendantsI was behind
my counter attending to customer, when l heard a
nose and out, and saw crowd at the top OF the
street going towards the square, came back and attended
my and then went up to the square, there was
to ke charge of his watch' Mowers was in the act of
taking the chain his head heard Mr.. Crst say to
Movers, eve have brought you here Tor the purpose OF
tarrmg and feathering you, for - white gr' then
watch CHAIN small vial and bunch Of keys were handed
TO ne, when got to the crowd they were ready to adj
minister the tar and feathers; went down to my store
and gave the articles to Mr. Barlow, and gave him drec
MI schaler submitted that they had right to
the articles to any person but the from whom they
took them.
Mr. Dean offered to show that the witness had given di
rectons to Barlow return those things to the coored
man, and prove by Mr. Barlow that he delivered them
70 Movers Admitted
Witness contnued-I directed Mr. Barlow to give up to
Mowers those things; spoke to no man on the square,
did not ask Mowers to give up the watch; ! gOtsno
money from any one that evening" coaa no. say VINO
posseeson than three minutes knew nothing OF this
transaction and had no knowledge OF what was going TO
be done; was not more than minute or two there;
Mowers was my barber, and thought a good deal oil
him.
Cross examned-I don't recollect that swore in my
affidavit that other person asked me to take the
watch; Mr.. Crst there Mr.. Allen, Mr. Hammond;
there were upwards of hundred people in the crowd
there was not much hooting or halooing there was
good deal Of talking there; Crist putting tar
the niger with a stave, did not interfere to pre-
vent it,
To Mr.. Dean-Nfowers' shop is about two hundred
yards the square than mne the crowd had not TO
pass my store in going to the square.
Walter A. Barlow was a clerk with Mr.. Bogardus in
1856; received watch and other things from Mr.. Bo
gardus, and brought them to Mowers shop and gave
them to his colored man; gave everything to the col
Ored that Mr. Bogardus handed to me; did not see
anything unusual about the barber's shop.
Cross examincd--Went up to the square when heard
the noise did who had hold Of Mowers could
not see him through the crowd saw them tarrng him;
there might have been hundred in the crowd don't
doubt but might have heard some say "kil the
nigger;, did not hear any pistol shots
William H. Hunt deposed-l have lived in Hudson
twenty years this september; have known Mowers
between thirteen and fourteen years at the time of the
transaction was at my market opposite the square;
did not 20 to Mowers shop that evening with Hammond
or Howard the first heard Of the transaction when
was talking to Stewart Annabc at his door heard Mr.
Croft say they got Niger; ! went up the square
and heard them order Mowers 10 s'rlp; ne asked