The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-17

The Suit Of George w. Bowen VS.. Nelson
Chase-Furthcr Evidence for the De.
fendant-Ruling OF the Court with Re-
spcct to Ancient Documents.
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 and the special jury.
Mr.. Hosr, Mr.. Chatheld and Mr.. Schafer appeared
as counsel for the plaintiff and Mr. Charles O'Conor
and Mr.. J. G. Carter for the defendant.
Benjamin M. Bosworth sworn-I reside In War.
rem, r. l.. am farmer and mechanic; somewhat
familiar with the town OF Providence, r. L. for
thirty-fve or forty years; am familiar with the
tombstones in the North Burying Ground; there Is
tombstone there recording the death Of Gideon
Hull and Phoebe Hull, hts wife; there is also
tombstone to Captain Gideon Hull and one to
Thomas Hull and his children.
O. What was the appearance OF the tombstone as
to ageY
Objected TO as immaterial and as hearsay.
Mr. OConor said they had from Hull the fact that
he and his brother, now deceased, had caused
tombstones to be erected over their parents. The
true time OF the death OF his parents was very ma
terial On the first trial he swore that his parents
died at the same time in 1891 or 1902 while on the
present trial his evidence was that his father died
in 1897 and his mother In $500. The question was
whether the inscriptions upon tombstones reason
ably traced to Huh, and raised by him to the
mother who bore him and to the father whom he
learned TO respect, should now be received In eyi.
Mr.. Hoar conceded the fact that Gideon Hull.
Daniel Hups father, died In 1901 and his mother In
1900.
Mr.. O'Conor said 1t was important to show the
day and date OF the deaths In question.
The Court said the dates were admitted in the
records Of the Town Council Of Providence already
given in evidence, and with the admission OF plain
fiG-s counsel he did not think 1t was necessary to
take the evidence offered.
The witness was allowed to state the date OF the
death OF captain Gideon Hull as 1t appears on the
tombstone, and IL was December 80, 1926, and the
death ofThomas G. Hull, August 20, 1854, in the
Cumberland there Is O tombstone recording the
death Of Major Reuben Balou, September 10, 1903.
The witness further testified in relation to the
geographical situation OF the town OF Providence
and some OF its houses, for the purpose OF contra
dieting the evidence Of witnesses for the plaintiff
on that head.
In crossexamination the witness said he had
been employed by Mr.. Chase to make those in
quries and had been paid for his services witness
attorney-at-law In the Probate C0art and Court OF
Common Pleas ~ Rhode Island, but he had not
been admitted to the bar; he might have been ad-
mitted but he declined to be bound by rules.
Mr.. Chatneld-That seems TO be rejection upon
the Supreme Court OF your State.
The Wltness-I am sorry ior It, but ] cannot help
Horace K Follett sworn-I am Town Clerk Of
ancient papers. Witness produced several papers
q ancient age signed with the signature OF Major
Daniel X. Ballou sworn-T reside at Providence,
II. L.; am Clerk OF the Court OF Common Pleas
there. Witness produces papers nom that Court,
OF ancient date, bearing the signature Of Reuben
MI. Carter OF counsel for defendant, said that
all the papers produced from the town OF Cumber-
land and from the Court OF Common Pleas In Provi-
dence were now oTered for the purpose OF proving
that the entry In the King Henry Book' respect