The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1869-09-09
For the Standard


For the Standard.
Mr.. MAoKLEY: ] have been shown
an article in the Jackson Herald, of
Sept. Sd, which seems to be published
partly in answer to an article in the
Standard of Sept Cd, and partly for the
purpose Of splitting upon Mr.. Bowen
and myself some Of the venomous ring
fire and vituperation, which is being
continually engendered by the town
clan, and which occasionally exhibits
the out-croppings of mean, low, whin-
ing nature; for out Of the fulness of the
heart, the mouth speaketh. Excepting
what is included in parenthesis, the first
part of the article reads as follows:
g"tWe have read Bowen's petition,
which you, fMackley,) and others pro-
cured the poor creature to get up, and
which he and you too, had to b,.ck
down from, for the want of proof We
have read Sam Pixies deposition, in
which there is Utterly nothing sworn
to, and so the Court held when the
same was read in Court"
The reference to Sam Pixies deposi-
ton leads me to presume that the writer
refers more particularly to Bowers Di-
vorce Case, than to his suit now pend
ing in Court The article insinuates
that you and others "procured" Bowen
-''poor creature"-tO Swear.to a peti-
ton of lies, from which he and you
had to back down. That suit was pre-
pared aud instituted for Mr.. Bowen, in
April, 1865, by Hons Arch. Mayoand'
K. A. Bratton, partners at law in Nc.
Arthur at that time, and who were but
few weeks before that, Democratic
members of the Ohio Legislature. |
was employed by Mr.. Bowen to assist
Mayo d Bratton, shortly after the suit
was commenced. AT that time, Mess =.
Mackley d Trip were employed against
Mr. Bowen, and thought their efforts
were as able aud faithful as the weak
nature of the defense would admit '
The only backing down that / know
Of was this: That after setting forth 4
good cause of action in the petition, the
attorneys added the following :-"And
that your petitioner, on or about the
tenth day OF August, 1868. contracted
disease from the said Martha, known
as -; (We omi thenam of the dis
ease, as too Indecent for publication
Ed. STANpARD0 that ourpe6tioner did
not know what was the matter with
him, and was not correctly Informed
by his physicians as to his disease, and
that he never knew he had said disease
until the first day of April, 1865, when
he was informed by his physicians of
said disease. Your petitioner continued
to have said disease from August, 863,
until some time in the year 1864, and
was all of said time under medical treat
ment, though unknown to your petit
toner what was the matter" -r
To this part of the petition, Messrs.
Mackley & Trip interposed a motion,
on behalf of the defense, asking that
the petition be made more definite, and
that the above quotation be struck from
said petition as irrelevant. The motion
was sustained by the Court, Judge Ply
ley remarking at the time that those
facts would be relevant as testimony to
sustain the charge Of adultery, but ir-
relevant and unnecessary as a part of a
petition charging adultery. All who
heard the trial may remember that
those allegations N ere abuBdantly
proven in Court, IN support of 1.-The
charge of adultery. in Mr.. Bowen's pc
tition, and that Mr. Bowen, as. the re-
cords in the case will show, obtained a
decree in his behalf Where, then, is
the backing down7" In what manner
did any man procure Mr. Bowen to
swear to a petition of lies Z The truth
is, there was no backing down on the
part Of Mr.. Bowen in that case. aud
there has not been, nor is there likely
to be any backing down whatever in the
case now pending, hwhieh Mr. Bowen
claims damages, as one cause of action.
upon allegations substantially the same
as those which were struck, by order of
the Court, from his petition for divorce
As to Sam Pixies depositioni if
"there is Utterly nothing sworn to- in
it, there can be no harm in, letting the
public know what it contains. Omit
ting the formal part. here il Is:
1st Question by Plaintitf-Did you
ever see Levi DUNCAN at my house in
the town of Jackson, Ohio?
Ans II did.
sd O. AT what time did You see him
there, and under whar circumstances
Ans II think it was about the last
of October, 1851, when | called at Mr.
l}owen's door to deliver some papers
that had brought to him from Ports
mouth ] knocked at the door, and the
door was opened by Mrs, Bowen, when
| wintheroom, reclining on a lounge,
the said Levi DUNCAN. l inquired for
Mr.. Bowen, and Mrs. Bowen told me
he was at the printing Office.
Sd Odd Mrs Bowen appear to
be confused, or embarrassed when she
came TO the doorf 4