The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-15

trial commenced he had had child born to him.
Bowen at eigSty and Mr.. Chase at sixtyour years
old. Family resemblance Of child to
was counsel alluded g tne OF
Don John OF Austria, mentioned in Prescott's
history Of Philip Pm pd sn rne sz regent mt, Johanna
earnestly, and the child shrunk from her gaze.
Finally she recognized in his rich yellow locks
the Austrian line. STOPPING down, she said 'sThe
same blood flows In your veins as in mine,,' and
was a likeness OF Madame Jumel, and MIR.
Chase said he had likeness at his house of
Mao Madame r.a that was painted in Rome They
picture; 1t was not, however, produced, be-
cause, IL was said, it was too heavy,
though it had been sworn two men could carry it.
lie was glad to that there was a gentleman on
the Jury who had knowledge Of portraiture and
he would be able to appreciate these remarks: It
was one OF the peculiarities OF Madame Jumel that
she had long ears, and had the plaintiff. The tip
OF his ear was on level with the tip of the nose,
characteristic Plaintiff had crease on the right
eye, ana peculiarly of that kind was to be seen
in the picture OF Madame Jumei. There was
another mark on his face, which indicated like
ness to Madame-put there. he supposed, by Mr..
MN H iul sa bp Wb Ui 'S e na
dimple in his chin became apparent, and there was
similar appearance Ia the features OF Madame
Jumel Here the defendant smiled, the jury
smiled and there was general smile all around
the court The learned gentleman resumed his
argument stating that Mr. Carter, IN his summing
up, attacked the entry IN the King Henry book
ana the formation OF the letters composing It, But
who put that entry there--he meant the plaintiff
whose portrait was taken eighty years ago.
when he was born Counsel Tor defendant had
insisted on The value of Old records but it was
markable that there should have been born
eighty years ago man who had now all the Inca
ments OF his mother impressed on his features.
Mr.. Carter said there were four points on which
the case rested. The plaintiffs case rested ON the
truth-it rested on the existence OF tue palptn.
Counsel for defendant said that the origin o. this
case dated back only seven years ago; but the
origin Of the really was when the plaintiff was
born. Mr.. Hoar next alluded to the testimony OF
Joseph Perry and Daniel Hull 1t was conceded
that Joseph Perry's testimony was perjured; but
it was not to be wondered at that a
ship so heavily freighted and after so long voy
age should come into port with a great many bar
nacles attached to it. Mr. Tucker had been en-
ployed In conducting this case ms brother mad
advanced money to prosecute 1T, as Mr.. Bowen
had not been able to find counsel to try q case Tor
him four times nor to find counsel who would
of all this from Mr. 6'Conor; but what it amounted
to the jury would judge. Having adverted to the
part @ M ca%nsa saa 'nG one
OF the Joneses sent word to Bowen that he would
like to help him along with this suit: Tucker hav-
from Jones something he would like to know, was
there anything wonderful IN Tucker going to Provi-
dence to see what was in the testimony Of Perry,
who was brought to his notice by Jones? Tucker
had made elOrs to get Perry into this district, so
that he could have him arrested and punished. 1t
was charged That Tucker was corrupt because
Jones had introduced Joseph Perry to him. But 1t
would be remembered that witnesses examined on
Mrs p r. e. Perry and one OF the Joneses, had not
been called now, and why that was SO
defendant. Joseph Perry knew what Mr.. Bowen
had sworn, and was therefore well made up in the
case. Now, as to the evidence OF Daniel Hull, its
quality was not in any proportion to It's quantity
and he was willing that the jury should not give
credit to his memory of any fact, so that they
might be sure that that fact was true. They saw
that Old man on the stand, with Mr.. O'Conor eX-
aiming him. Clay in the hands of the potter was
not a circumstance to that examination. Every
a n
pin and sometimes it was the thrust OF dagger.
He would not waste time upon that testimony be-
cause 1T was mass OF contradictions. Hull was
utterly mixed up, incapable OF raktng out OF the
embers OF his memory any TACT that could be relied
on. The only thing was, did Hull remember about
G. W. Bowen being at Major Ballous? Was it true
that the old man saw the baby there? The jury
but he (Mr. Hoar) did not think it made any i'm
portance any way, nor did II affect the material
parts Of Mr.. Bowen's case. When When he saw counsel
upYr he wished he could tell. Henry NOdine, on
sseXamination, discoursed on his share OF SER
vice in 1872 IN the militia att Harlem Heights. No
dine was fearfully attacked and registers were
called from Washington to contradict him. N0dine
stated when he was born, and his eldest sister con-
firmed his statement in that respect and the rest
OF it might go for what 1t was worth. Mr. Berrian
testified that Nodne was not old enough to have
war he was only boy; yet Mr.. BerIan at that time
was only nineteen years OF age nun, nun,
of early memories they would remember
tnat Mrs. Tranckell, in 1sOs had most distinct
Aunt Eliza. lie submitted to the jury that 1t was
very remarkable that the memory of an old man was
more particular as to facts occurring in his early
youth than any Others That was the opinion of
all writers on intellectual powers. On death
bed some incident OF youth was more generally re-
called than that OF any other period OF existence
Those old people were likely to get into mass of
inextrcable confusion as TO facts. Counsel then
referred to the King Henry book and the entry
not been put In evidence at ALL, Mr..
Bowen had seen the entry by Reuben Ballou In
aafI hn hal h,1 lnA
Ballou's handwriting, although there were in 1t
the various discrepancies pointed out by counsel
great fact that happened in 1894, and nothing that
happened since could change it. He was sorry to
say thar he could not remain to hear what the
distinguished advocate who was TO follow him for
the defendant would have to say. For ten weeks
he had attended to this case, and during that time
lie had learned to respect the jury as men OF intel
ligence and integrity, from whom he expected a
verdict that would be In accordance with the facts
and the evidence.
The Court here took recess for half an hour
Alter recess Mr.. Hoar said he thought the jury
had heard the last OF his voice; but he had been
instructed by the plaintiff that he disclamed in
open Court any desire to claim from the city OF
New York the 100000 that had been paid by the
defendant lor improvements, or the $4,000 that
had been paid TO charities under the will of
Madame gumel, or the $4,000 which had been paid
to the Joneses in settlement OF their clain The
plaintiff was ready to put release to that effect In
MIR. O'Conor made no reply to this ofer. lie
simply smiled, as did several other persons In
SUMMING UP OF MR. CHARLES OCONoR FOR THE
DEFENDANT.
Mr.. O'Conor at about two O'Clock proceeded to
sum up the case on behalf OF the defendant, Mr.
Nelson Chase. Tbe learned gentleman said he de-
sired to treat this matter with gravity, and II he
had not been grave In treating 1t he hoped the
court would forgive him. With respect to the last
remark OF the learned gentleman who had ad-
dressed them he had endeavored TO be as grave
and imperturbabe as possible. In cases OF this
character Ii desirable that topics little ir-
relevant possible should be introduced. The gen.
tcman who had last addressed them was man OF
honor and veracity. All that he said deserved the
highest respect. THIS was not said In the way of
superintendent commentator, for Mr.. Hoar had
always maintained high character In his own
locality. To say this much was, perhaps o piece
OF presumption on his (hlr. OC0nors) part The
hon0red Judge who presided and the jury who now
aat were fine constituted iuflVes of fhp dtsnufe