The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1871-06-16


ner Taken to. Jail-4Ie Hopes for u
WASHINGTON, D. c., June 10.
Upon opening of the Criminal Court, this
morning, ex-Congressman C. c.. Bowen, con-,
victed of bigamy, in whose case the motion
for asuspension of sentence was argued yes
terday, appeared in court with his latest vile,
Mrs. Petigru King Bowen, and Messrs. Riddle
and Moore, of his counsel. The hour being
early, there were but few spectators In the
courtroom.
JUDGE oLIN's DECISION.
Judge Gin said this is a motion to suspend
the sentence Of the law in this case, and, as q
consequence, to let the prisoner go at large on
bail until the exceptions taken at the trial are
disposed of by the court in bane. have
heard q somewhat protracted argument on
this question, conducted with much research
and learning. The conclusion at which ! have
arrived, after q careful examination. Of this
question, Is that it is my duty to pronounce
the sentence of the law upon the verdict in
this case. Possibly this court has the power
to suspend passing sentence tor any. crime
charged in an Indictment after the verdict OF
guilty by the jury. but from all the aathorltles'
il Is, I think, clear that such a power should
never be exercised unless it was, clearly and
manilestly apparent to the court that Injustice
had been done the defendant. Since the trial
orlhis case, Ihave carefully reviewed the ex.
ceptions taken or the trial to my rulings, anu
am unable to discover any error IN tnem,'
and SO believing, l think It my duty 10 pro-
'nouncetthe sentence Of the law.
There is another question incidentally IN;
yolved in this case which / do not decide, ana
that Is, whether upon proneuncing sentence
in This case, and wien a bill of exceptions mas
been .dled, a Judge of this court may not sns-
pend the execution Of the sentence and let the
party to- ball until the questions raised by the
bill Of exceptions have been settled 6y:the
court in banc. This question / do hot decide.
am of the opinion II I have power to sus-
pend the execution of the sentence, any Judge
of this court has the same power, ana as |
have come 10 the conclusion that l coIumltteu
no error on the trial OF the cause. ON appllca-
tion-to me to suspend the sentence Would oe
unnecessary.
The Judge asked ssDo you Wish TO say any
thing, MIR. Bowen, in addition to what your
counsel has said? If so, you can have Inc
privilege OF doing 60"
Mr.. BowEN's REMARKS.
Me-, Bowen arose, and as he did so Mrs.
KinS.Bewen convulsively chung 10 nun, ous
finally he persuaded her TO take her seat, and
said:
II yonr Honor pleases, l Inn aware that per,
haps ANYTHING + can say would have no ehectg
l will say this, and perhaps all that shall say;
In this transaction l took the step thai Clio
last August in good faith, and ior seYeiaI lea,
sons: First, ! had relied upon the record l had
obtained In New York; and here let me say 10
INV friends that II there was anything wrong
In that record It was the fault Of those parties
who took my money and obtained tnat tecoru
in 1865. If your Honor Will bear Wtth me one
moment ! will 90 over that point, as perhaps
it is the last time L shall say anything lupeu
this question:
The entry made in that book, and the testi-
mony, unlmpeached, ia this court, as it stands
to-day, is that the whole entry, though tnere
are erasures there, was In the handWritinS Oh
the assistant district attorneyrhimself put upon
the stand. Further than tnat, the cierh tesEe
fed that it was in the handwriting OF the cICfk
In that office who died three years ago; IIae
testimony stands to-day uncontradlcted. ohe
step further and I am done, so far as tnat re-
cord is concerned. One year ago she (point-
inc iu the direction of his WHEY enclosed her
money to the clerk OF that court, and Obtain
ed a copy of that decree, and on that copy she
got married. Z -
IF THE RECORD IN NEW o WAS WRONG,
IT is the fault of those men, and the way they
do business there. I am now done, SO lar as
the record IL concerned. Outside OF that, me
act of Congress, which I had seen and read,
and Sni o Which nni ! saa sa onin;o 1s in haT segard t to. They
all said that that covered the case. MUCH was
said about my
ABANDONING THE WOMAN IN AUGUSTA.
II Gould have opened my mouth, I could
have shown perhaps why the abandonment OF
desertion took place. But my mouth was
closed; 30 was hers. f~iii say this much: l
would have been willing to have had her open
her mouth upon that question. MgaleVee
NAV have happened in 1852 the difference
between US at that"tlme Ao hoI pie"u 10 e3'
extenuation-
A BOY OF 10 AND A MOTHER OF 80
saw 7 do not mean that. working for q liv.
ino toilipr every day, was ! TO. sit down there
in that little town and starve TO death ! When
went was she to go with me II she cid not
po' whose fault was it? This could have been
Shown. made every effort that / could make
in 1867. l made what might be called Inc lasI
Il sent q messenger to her trying TO settle
this difficulty. Il was put Into her hands;
though, when the messenger ~ent ana
knocked at the door, he was told that no sucn
nerson lived in the house. After persistent
INQUIRY, he found a person who saa
her NAME WAS FRANCES HICKS,
ona that perhaps the letter was intended for
her when she was told that the letter was
from me, and that ! was stopping az a,nate.
in the very town, she SAID: lake tn9 I h'H,
hack. 7 want nothing more to DO WILD Nun.
TIL him TO srnd me no more messages Inc
next day | sent again, and with a. similar re,
anil That is the testimony in this case. the
district attorney says thatI could have found
the Woman: that I could have gone to her at
Augusta. Grant that ! could, npt INA had , ! any
encouragement at any time, r at.e9 tGas : IVA Vas
Ito On there and force myself into the house Z
Nav no But time passed on, and, as say
IN 1895 THE DIVORCE WAS GRANTED.
....h,.d mroa,f nm further. Ibid not secrete
mrssif I did not run away; but, within one
Mildred miles OF that woman, I sat down in
n"a6ic life: and she (Mrs. Hieks,) nor any OF
her friends, can to-day say she ever made an
Inquiry; that she ever opened her m .s,1a6 w MOI,
mv name from day to-day, being twice elected
~ The nosilton which l had the honor to I'LL
on,hs hiij 1.-THE capitol.) This woman