The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1871-02-17
A NARROW ESCAPE.
1SrrRESrING DETAILS OF THE
TRIAL OF BoHgNFoR BIGAAK.

INTERESTING DETAILS OF til E
TRIAL OF BoHENF BIGAAK
The Evidence and the Arguments. OF
Counscl-The Court Excludes the Tcs-
timony Of Wien 1.-The Jury Fails
to Agree.
From the following reports Of the trial Of
Congressman Bowen for bigamy, as published in
the Washington papers, we condense the follow
Ing:
Mondays Proceedings.
The case having been opened on Monday, and
the accused having pleaded mot guilty" to the
indictment
Mr.. Harrington opened the case for the govern
nent in brief address, recitlng portions OF the
indictment, contending that the charge could and
would be proved. The defence reserved ITS open:
ing. Mr. Harden l.. Henderson was nrst called
and sworn, BE testified that in 1850 he was clerk
OF The Circuit Court and jadge Of the Probate
Court in Tallahassee, Florida. Mr.. Harrington
license granted to Tabltha Parke and C. C. Bowen,
and asked the witness II 1t was q true copy from
the records as kept by him In the court The
question was objected to- and objection overruied.
Witness. It is o true copy; think know the
defendant; was present at his marriage; the mar.
riagSAcense was obtained Of me, and Iperformed
the marriage ceremony; saw Mrs Bowen Today
aIrs Bowen was broaght into the courti recog-
nized her as the lady; Mr.. Bowen came to his
town and put up at the tavern; he told me that
he wanted TO get married, and so performed me
ceremony; Mrs. Bowen was married under tne
name Of Tabiths Parke; am lawyer by profes-
sioD and issued the license as clerk OF the conrt:
married them as Judge OF the Probate Court; l
wasJudge Of the court etSot or Ten years; he re.
as man and wife for twelve months, to my know
ledge. MI. Merrick entered an exception to the
evidence Mr.. Harrington offered certificate
Mr.. Henderson held position at the time as judge
of the Probate Court. Objected to, and objection
sustained. Mr.. Riddle then objected to the eVl
dence In reference to the certificate and license.
Overruled.
Gross examined. At the time OF the marriage
resided in Newport, Fla, where he had lived
eighteen or twenty years. read law twenty
gia. In 1853 was appointed Judge. recollect
the marriage; 1t took place In the afternoon.
knew Bowen first In 1850. first saw him in the
Exchange.
ness. '.Aplace where sporting men congregatea."
Mr.. Merrick. ''What was Mr.. Bowen doing
thereY Witness "He was dealing at the faro
bank"
Mr. Merrick. "what were you doing there;
did You play Yn Witness. -."I have dealt faro
there and played It." ILaughterl
Mr.. Harrington stated tha. ifthe defence would
admit that he was married to Mrs. Susan P. King,
he would discharge Mrs. King, as she was lying
very III in the witness room, and that he would
also discharge Rev. Ar. Lowry, the preacher. the
marriage, and thereupon Mrs. King and Mr.
Lowry were discharged. Mr.. Charles Matthews
was next called, aud testified that ne resided In
Louisville, KY, and knew Mrs. Taoitha Boweu.
Her name, before she was married, was Tabitha
Parke. He first became acquainted with MI.
Bowen In August last. Hereceived letter from
Mrs. Bowen, In which she stated -; Ns. Rid
dleS-"You need rot say what she saidi only say
what you did," Witness resuming. u went to
see her, and she saidp =. Mr.. Merrick. ..6ever
mind what she sald.n Witness. ~ went to her
house. and met Mr.. Bowen there; they lived as
man and wife," The defence objected 10 the
further testimony OF Mr.. Matthews. The court
suggested that the admission Of the defence in
reference to the second msrrtSgeh had better be In
writing and fled as evidence IN the case. which
was accordingly sdone. The government here
closed their case.
THE DErEEos OPENED,
and Mrs. Parke Bowen was called.
Mr. Harrington oSjectedtnat Mrs. Parke,BoweH
was incompetent as witness, In this case, be.
cause 1t !s q case against her h1soand.
Mr.. Riddle said that the question before the jury
was, whether or not the witness called was BOW
EMS wife. Until that was decided IL was an open.
question, and the witness was competent.
was bigamy the first wife could not be eV1dence,
but after prinaa Jacte proof OF the first marriage
the second wife might be introduced.
the court to exerciee discretion upon tae,admts-
sion OF the alleged vile III this case. In some
cases the witness was examined By the Court. II
she said she was married she was good witness;
If she denied the marriage she was then compe-
tent to testify.
Mr.. Harrington said that the calling Of Mrs.
Parke Bowen was for effect. He would Withdraw
his objection and allow her to testify. .
Judge Wylie said he would not permit the OBJ
jection to be withdrawn. The policy OF the Law,
as laid down by sne authorities, was decidedly
against allowing the repused Vile to testify and
he yyonld eXclDde the witness.
Mr. Merrick moved that the court instruct the
Jury to ind for The defence. on the gropnd that
the indictment did not state the place at which the
Judge Wyle said he would take this objection
into consideration, and decide the question IN the
morning.
Tuesdays Proceedings.
AS Riddle In making the opening speech for
been spared the recttalor the facts he fel5 IL his
duty to disclose. This case does not come at the
instance or motion Of any friend OF the alleged
first wife. The district attorney and his assistant,
he weuld say, appear 10 the discharge. OF their
duty.l The law Is issome,lmes used as On insiru-
ment OF oppression. The defendant Is Rnlortu-
nately In public lfe has been successful, but has
rivals who are net tsnccessful, and ne must be got
only 10 refer TO theremarkable statements made
by the press Of Washington, to show that, his
rivals were at work. Truth Is sometimes stranger
than nction. They had the alleged first WIFE, who
was brought in yesterday, and he regreilei that
he had to say something in regard 10 her. This
woman twelve or fifteen years ago, was the
keeper OF place OF public resort for men, in
Macon, Georgia, and In Columbus, Georgia She
and he defendant had assocfated together, but he
never was united 10 her by marriage. BE went
to Tallahassee she followed him; he left and went
to Fernandina, and he never went with her to
Newport. He never saw Judge Henderson, and
the first time he saw him waslnsthis court room.
Having about her Mr. Wilkinson, she proposed
that ne should personate e. @. Bowen, and with
him she Fentto Newport and wen. through the
form Of marriage, aud hereceived from her $500,
remained with her few days.. went TO New
Orleans then to Buenos Ayres, to New York, and
to Chicago. After defendants return from Fer
nandina he lived with her few months; never
acknowledged himsef IS her. husband, but gradu.
ally broke on from her, and hever knew that she
claimed to have been married to him until some
statements were published In. the papers o few
moths ago. He would put on the stand a Mr.
woodward, who was With the defendant In Fer
nandina; ard, in conclusion, referred to defen-
dant's present wife Rs an innocent party, who
anXiously awaited the decision Of jury.
EVIDENCE FOR TIE DEFENCE.
Etheldrrd Woodward testified for the defen-
dant, and swore that for about Two weeks Bowen
was with witness at the time OF the alleged hrst
marriage. Witness said he was speculator ID
cot6n, connected with;one Of the best houses IN
New York; was 50 engaged during the war; mad
contract for 1900 bdles,. (which he bought 70
North Carolina; the money was furnished BY
Hoyt, Sprague i Co.; bought 1900 TO l5Oo0
bales, and got them through on permit from
Ift. President Of the United States laughteY;} Wit