New-York tribune., 1871-09-08
THE COURTS.
ROsENZwEIG'S CRIME.

JUDGE CARDozO DENIES THE APPLICATION fo"
HIS RELEASE ON BAIL.
Jacob ROsenzweig, alias DR.. Ascher, WHOM
tho Coroners Jury found to have caused tho deah Vi
Alice Bowsby by his vile practices was brought
day morning writ Of habeas corpus before 'uugo
Cardozo sitting in the Court Of Oyer and Termner ho
raye no evidence OF being at all alarmed by his dangor
Qua position but his wife, who also present ana aa
I'm one of benches reserved for spectators looked
caregorn and anxious She watched the proceedings
intently seemed much interested In the resu
than the dull sullen-lookng who sat by the Deputy
Sheriff and gazed stupidity around him.
Mr. Howe, Rosenzweig's counsel, opened the applica
ton for bail by reading the verdict rendered at the IN
quest before Coroner schrmcr Both this verdict and
the facts the CASE he insisted failed to show In the
first place that the body upon whom the inquest was hed
was that Alice Augusta Bowsby There had he argued
been positive tdentifcaton. He claimed In .ne tne
that an abortion committed the body in ques.
tion and thirdly that there evidence TO cohhecs
the accused, either directly indirectly, with the the
general grounds as the basis for pressing aS this
with the finding of the body in the trunk at the Hudson
River Railroad depot and tho subsequent tracing OF bC 10
city and country tcemed with theories regarding sne
case. He had nothing to do with these theories @ Du.
snpy nGr should the Po q
proper time this could establish his perfect inno-
case wee manifest but they could not be brought home
10 the accused. No had right to brand hm as an
abOrtiOnls and he had q right to bail. ,
The marks Of Identification testified to by DTS klnne
and Parker counsel urged being far from positive.
There had been three afdays Of others just as postve
in the Identification OF the body and he alluded 10 inc
fact that neither the mother OF Miss BoWsDy nor any
other relative had appeared to identy the r%elnans, %
house marked d" A. A. Bowlsby and also TO the Diue
scarf alleged to have been hers he urged that they were
not vital testimony. AS to the alleged abortion ne
sOutly persisted that the evidence OF Dr. Cushman only
aroused belief that might have been produced on
the body. The testimony be claimed was not positive
direct such would hold In any court OF lhstlce
AS to the carrying away Of the trunk from the DOCTORS
house, he urged that there was only the cartmahs
testimony this point, and that there was nohlg Wh
ever TO show that Miss BOwsby, admitting the remains
to be hers ever cnterod the doctors house alive
In conclusion, he urged that the Coroner hau
evidence admissible I'm any court OF justice ana tht
upon such the jury had rendered their verdict speak
ing OF the popular condemnation that nau In tns case
reached such high pitch, he declared he never would
defend lie thought guilty of such terrible crime as
that charged against his client but no matter now re
voting the alleged crime he believed Dr. RosenzWe8 70
be no cuiprit victim. This could be proven on MS
trial Meantime, in the name Of the 1,od Cofsu 1Sut
he be admitted to bail. Ii he was guhty
he would have him convicted and punished as his crime
deserves. This different from the Evans case
There was the victim. 1t was different from the VOL
but Dr. ROsenzwcig had more to do III producing the
death than the DstrictAttOrney.
Tho crowd listened with the closest attention to Mr.
Howes argument. At the close, the Judge said there
was no necessity the DstrioAttorncy to make any
response had carefully read the testimony in the
case and such an array facts presented against
the accused he considered his duty not to inter
fcre, and he should therefore deny the application