The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-23

was the lllee1tlmate child OF Madame Jumel.
viii w, y9S say that he dd not say taaY A;
Impression Is that the Joneses said the impression
IN the family was that Madame Jumel was the
wnat mas become Of those depostions my impress
sion i Is that told MIR. Carter did not know what
about Madame Jumel's viii was think tried in
november, 1865; either undue influence fraud
p paS set up IN the complaint agaDst the will by the
hev. Jonh howard Smith. who was one OF the lega
lees In me VIII; do not know whe.e Mr. Smith is
noS 20 no h Dot Know what amount OF money was
wlll; DO not know what amount of money was
pala TO martin a Smith on that settlement; on
the other trial OF this suit do not reco ect saying
that II we counsel for plantif) wanted copies OF
Ino s aepostlons you could have them think
the dispositions, or copies of them taken in Proyl
dence 1 nave been to Providence four or five
the City Hotel, andl have recollection OF stop
ping at any other hotel in that city For the pnr-
pose OF testing the recollection OF the witness he
was asked number OF questions as to how long
he had remained in Providence on the occasion OF
each OF his visits On my first (said the wItnessl
duceo me to Mr.. Doyle the Mayor, ana the Mayor Mayor
introduced me to Mr.. Billings, an elderly gentle
during my first visit to Providence that examined
| the records OF the Town Council; this examination
extended to more than one visit before saw G.
w. Bowen think had found upon the books entries
relating to several Betsey Bowens; had received
an anonymous letter. IRON Mr. Crawford Allen,
stating that Madame Jumei's maiden name was
visited G. w. Bowen; l cannot tell the name or
the street ne lived In ne lived In frame house;
talnly two story house; cannot state what time
OF day went there; it was broad daylight;
should think 1t was between noon and three or
| four O'Clock; Twas shown into room, and
think Mr.. Bowen came in In few minutes after; 1
| Q. Can you give me the precise language of your
| first remark to him = A. Ne; but In substance
told him, at first came on to make inquiries, and
asked him to tell me the names of his parents;
| said to him on that interview that came on from
Martin Smith, of New York.
q. Did you tell him on the first interview that
1t made no matter whether he was illegitmate or
not, that he could inherit? A. said to him that
il he could prove that he was in any way related
to Madame Jumel nearer in blood than those who
were claiming to be her heirs In New York the
executors and the parties under the VIII would be
disposed to make a liberal arrangement with him I;
made that statement to him in accordance with
letter had received from Mr.. Augustus +. Smith,
establish the TACT that he was iliegtimate; think
said to him that had received letter from Mar
on HIM again, that was sorry for troubling him,
but that was requested to ask him this question,
Whether he was. Or believed himself or ever heard
that he was. the illegitimate son OF Nine. Jumel
told him that under the law OF the State of New
York illegtimate children. in default Of lawful
issue, could inherit; he said he was in no way
| lated to Nine. Jumel; Mr.. Bowen said that he had
seen the name of Mme Jumel In the newspapers,
and that in the Summer he was in the habit OF
| going to Saratoga and had seen her there and that
| II he had had any idea that he was in any way re-
lated to her he would have made himself known to
him here at this and at the former trial.
Re-direct-When told Mr.. Bowen that II he
Jumel liberal arrangement would be made with
him, his answer was that the people who sent me
| to him were entirely miStaken-that he was in no
way related to Mme Jumel.
| TESTIMONY OF MR.. CHARLES HART.
Charles Hart, an attorney at law, residing in
Providence, deposed:-! have practised there for
twenty-elght years; know George W. Bowen;
was employed by Mr.; Chase in 1865, before the de-
| interviews Mr. BOWeD. n m v
office with letter which l had written to him
about bill Of costs against him which Judge Ed.
be paid by lawyers in New York; that
glad to hear that, that he would not venture his
money on suit OF that character; he said he had
entry 9s "aS but that there
| it, but that he did not know it would be OF much
| SERVICE as he did not know In whose handwriting
| l asked him when he first heard she might be his
mother; he said "Not until after her DEATH" he
said there was another suit to be brought told
| self and Mrs. Vandervoort at this ne seemed sur
prised; he said he was tired OF this matter and
wished they would have an end Of this matter; Mr..
Gideon j. tucker was In providence when Joseph
| Perry was examined
defendant tnat he had pamed of the witness Perry
| upon the plaintiff He wished to show to the Court
effort was made to carry this case by fraud
other crimes. He desired to prove by the witness
that when Perry was examined er parte, without
notice to the defendant, Mr.. Gideon ]. Tucker went
to that examination, and did examine Perry er
parte in Providence, place where Perry did not
Providence 10 get him examined without Notice to
the defendant. There was nothing In the act OF
tast the nen the was
TacRsr ina' prsydence sieatsy en na
street, and asked him what he doing there, he
said he was there upon an entirely different bust
ness he dd n, not think that the act Of Congress
this to do thing like that-tO repel his adver-
sary from attending to the cross-eXanination of
the witness. Mr.. Gideon J. Tucker was then man
aging this case for his brother DR.. Joseph Tucker,
the only representative of the PLAINTIFFS interest,
the evidence of Mr. Hart to prove the ne,ariOus
course Of proceeding that had been pursued for the
jury, by gross and abomnable assertion, by vitu-
peration OF the living and the dead. MIR. O'Conor in
the course Of his remarks alluded to the arrange.
to pay the expenses of conducting this suit
Mr.. Chauncey Shaffer said he repudiated the
one OF their best citizens, who was acting within
the law OF the state They were treated as If they
were criminals. Here was an old man, nearly
eighty years OF age, seeking to gain his right in
suit involving millions of dollars and, not being
able to do all the work himself, goes into the mar
ket to obtain the means OF getting back his prop
erty from the ruthless grasp of unprincpled men.
The question here was simply this, Should not any
United to 90 about his business according to law
without having words and motives imputed to him
as they had been2 The plaintiff claimed that
he was kept out OF his inheritance by robbery, and
he (counseD maintained that 1t was improper TO
charge any man with crime for any act that he
might do in pursuit OF lawful business. II 1t was
lawful to raise money to build railroad 1t
lawful TO raise money to conduct suit at law.
He dehed any one to say that the conduct Of
Gideon J. Tucker was not clean. MIR. Tucker had
sworn that the witness Perry was palmed Off on
him. and he had made efforts to have Perry pun
ished for his false testimony. That man Perry was
put upon the plaintiff MIR. Shafer, in conclusion,
made remarks strongly censuring paid lawyers
coming forward as witnesses, and sad the Court
would spit upon their evidence.
After some further discussion the Court ruled
out the offer OF MIR. O'ConOr to prove the decara-
tlons OF Gideon J. Tucker to the witness, Hart, in
Providence.
Counsel for plaintiff entered consent that the
er pdrte deposition OF Perry should be read.
The Court then adjourned till this morning, at
eleven O'Clock.