The New York herald., 1872-12-21
THE JUMEL PROPERTY CASE.
The Case OF Bowen VS.. Chasc-Argument
Upon the Admissibility OF Hearsay

The Case Of Bowen VS.. Chasc-Argumen
Upon the Admissibility OF Hearsay
Evidence.
The further hearing OF the case OF George Wash.
ington Bowen vs. Nelson Chase was resumed yes
terday in the United States Circuit Court before
Judge Shipman ana the special jury.
Mr.. Charles O'Conor and Mr.. J. G. Carter ap-
peared az counsel for the defendant, and Mr. Hoar,
Mr.. Chatneld and MI. Chauncey shafer for the
plaintiff.
The question before the c ourt yesterday was, as
upon the preceding day, whether the plainur
should be allowed to give evidence OF alleged de-
clarations on the part Of Madame Jumel that she
had an illegItmate son.
Mr.. Chataeld, for the plaintiff, resumed his ad-
dress to the Court on the point at ISSUE He main
tanned that general reputation as to pedigree was
received as evidence In the Courts. He read from
law book to the effect that, under American au.
thorities, every conceivable species OF hearsay
evidence was receivable In such case as this.
Mr.. Charles O'Conor, for the defendant replied
that this was point Of the greatest Importance,
and one requiring from an enlightened Court
most careful examination before passing upon It O
judicial decision. 1t was a case Of the greatest
gravity and should not be treated lightly. The
point was new In every possible respect. He was
not aware that the records OF the law furnished
ternity OF an individual-he meant the maternity or
OF the present generaon-or OF the paternity OF
any one apart from the supposed inndety or the
husband. Where the paternity, or maternity or
either, was not In issue, the question OF marriage
not or marriage raised questions as to whether
the child OF the mother and OF the father, or sun
posed father. was legitimate. This case WAS OF an
extraordinary and unheard-Of character; the case
OF man alleged to have been born OF q particular
woman, and now seventy years old, who never had
one speck OF intercourse with his alleged mother
during the whole OF that time Whether in a case OF
this kind declarations the mother statements OF
common repute could be given In evidence were
two distinct things. Was repute to be received as
evidence Of paternity, as apart from illegtimacy
this description was the case OF the general law
the same In England, the same In each state OF the
Union, the same In cases arising In the District
OF Columbia and other places as would constitute
matter OF original jurisdiction In tho Courts OF the
United States IL was broad general principle OF
the law Of evidence, and the authorities before the
revolution In England and authorities since and
American authorit es In oil the States OF the Union
that prOessed to be governed by common law fur
nlshed evidence as to what the rule was for our
Courts. The Judges Of England did not profess TO
give anything new. They administered the COM
mon law. on this great question of the law OF
evidence the Court was to determine whether 1t
would take hearsay In place OF the sworn oath OF
nerson or The stend. savy were dealing with
matter OF law, the same all the time In all Anglo
America This common law was their common
birthrigbt. IL was gift from their reyeres.
ancestors; IL was the safeguard Of every
mans right and repute; IL was of the utmost
value. 1t was broad, general and comprehensive,
often departed from bv error, to be sure.