The New York herald., 1871-09-08
RosENZwE1G IN COURT.
Application in the Court Of Oyer and
Y Termlner to Admit Him to Bail.
Judge Cardozo Refuses to Grant
the Application.

Before tho Court OF Oyer ana Termlner, Judge
Cardozo on the BENCH application was msde yester-
MAJ ny III. william r. Howe for the release Of DR..
1sosenswetx, alias Dr. Ascher. on ban. The doctor
~ the dual cogn0mens and reputation OF most
exsen0ed. but unenviabo, notoriety was present In
Court under the cnstodianship Of Q deputy sherln.
oman could look moro coldly impassive and seem
less interested In the proceedings. He was care
ully dressed, however ana hts short cr,sp hair OF
sanguinary hue had the look OF having been extra
CURED. Mrs. R0senxweg was also present. but
occupied seat apart from her husband. She
was also well dressed, but wore an anxious
look. Mr.. Howe opened the tass
asp APPLICATION FOE BAIL. ttsa as 3
oy reading the Ooroners verdict as rendered az tho
Inquest before Coroner Schirmer. Both this verdict
ana the facts In the case he insisted failed SHOW
IN the nrst place. that the body upon whom the In
quest was held was that OF Alice Augusta Bowlsby.
There had, he claimed, been
NO POSITIVE IDENTIFICATION
of the BODY He claimed, in the second place, that
she medical testimony failed to prove that an apor-
zion had been committed on the body in question.
and thirdly, that there was no evidence to conne OF
toe accused. either directly indirectly, with the
neam Of the deceased. Having laid down these
general grounds as the basis for pressing this ap-
pcation he proceeded to recite the facts connected
Tth the finding Of the body In the trunk at the Hud
son River Railroad depot, and the subsequent trac-
fng OF It to the house OF DR.. Kosenzweig. The news
papers of the city and country teemed with theories
Regarding the case. He had nothing to do with
these theories; he simply
e ASKED FOR JUSTICE.
Neither passion, prejudice nor amor could enter
Pheportals OF this Court the proper time THIS man
could establish his perfect Innocence of the crime
cnarged against HIM The atrocities Of the case were
manifest but they could not be brought home to
fhe accused. No one had right to brand him as an
eoortiontst and he had right to ball. He pro-
Ceeded TO review the
'sp>s,s TESTIMONY BEFORE THE CORONER.
+, The marks OF Identification testified TO by ORA
Kinne and Parker ne urged as being far from
positive. There had been three afadavlts Of
other parties just as positive In the idenu
es singular that neither the mother Of MISS
poWlsby nor relative nor friend had appeared to
shief found at the Doctors mouse marked with The
C0rGs "a A. BoWlsDy" and also the blue scarf al
sS syS % s sss ssaea a.: sy Re
etouty persisted tnat the evidence OF Dr. Oushman
only aroused belief that one might have been pro
Auced on the body. The evidence, he claimed, was not
positive or direct or such as would hold In any
court Of Justice. As to the carrying away Of the
was only the cartmans testimony on this point anu
ehat there was nothing whatever to show that Miss
Serel the DOCTORS house alive. in conclusion he
urged that the Coroner had admitted evidence not
admissible IN any court OF Justice, and that upon
Such the jury had rendered their verdict Speaking
Of the sofa aas ,aa.ir n 81. s
POPULAR CONDENSATION .,.
that had IN this case reached such high PITCH 4
no declared that ne never would defend one
he Thought guilty Of such terrible crime IS that
charged against hts cliont; but no matter how re-
voting the alleged crime, he drew broad dstino.
tOn between the culprt and the victim. DR.. Roseu-
eweig he believed no culprtt, but victim. This
could be proven on his trial. Meantime, in the
name OF the constitution. in the name of JUSTICE he
asked That he be admitted to bail. H ne was guilty
nc would have him convicted and punished as mis-
crime deserves. THIS case was different from the
Evans case There was the victim 1t was diner-
ont from the Wolf case. There was the victim also.
Here was a dead body; but Dr. Rosenzweig had no
more TO DO In producing the death than the District
Attorney. The crowded court room listened with
She closest attonti0n to Mr. IOwe's argument.
WHAT THE JUDGE SAID.
The Judge SAID there was no Necessity for the DIS
trict Attorney to make any response He had care
fully read the testimony In this and sucn
Fay OF iacts was presented against the accu ID tnat
1o considered II his duty not TO Interfere IN the mo-
Zion. lie therefore
-est DENIED THR APPLICATION.
The result was, evidently, none other than was
generally anticipated. Mr.. Howe did the utmost
that ing snuy Of argument and force OF earnest elo
9uonco could accomplish, but " was no use, ana
R0senzwelg wore the same lmpassloned look at the
close ana quietly walked away with his custodian;
bis wife, who still clinss TO him with that wonderful
Affection the peculiar attribute OF woman, sadly
0ripQinx uD The rear.