The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-16

The further hearing OF the case OF George WASH
ington Bowen VS.. Nelson Chase was resumed
yesterday, In the United States Circuit Court, be-
fore Judge Shipman and the special jury.
Mr. Hoar and Mr.. Chauncey ShafIer appeared as
counsel for the plaintin, Mr. Chatneld being absent
from illness, and Mr.. Charles O'Conor and Mr.. j.
c. Carter for the defendant
DEPOSITION PUT IN.
Mr.. O'Conor produced the deposition OF Daniel
Hull, taken before Mr.. Daniels the the 12th 18TH
14th and 10th days OF January 1871. The deposition
had been read over to Hull and he subscribed it
with his mark on the last day Of the examination
named above. Counsel also produced the deposit
ton Of the same witness, taken April 81, 1866,
and signed by HIM. Hull had stated that he had
not signed that deposition
TESTIMONY OF MR.. L. G. ASHLEY.
Mr.. Lucius O. Ashley, a lawyer, at present resid-
ing in this city, but who had lived IN Providence in
1866, deposed that he had taken dispositions in re-
lation to the win Of Madame Jumel under COM
mission. He identified bundle OF papers as the
dispositions he had SO taken on that OCCASION in
connection with Mr.. Toby; he remembered
the taking OF the deposition of Daniel Hull
at Hull's own house in South Providence; mas no
doubt Hull signed the deposition, because he wit
ess had put his Jurdt to the paper that he had
signed It; Mr.. Toby was present when the deposit
ton was taken; great care was taken TO write
down just what the witness said.
Crosse xamtned-l was examined on the last
trial. and have not looked at my deposition 81 nee;
do not rec0llect particularly that Mr.. Hull was
sworn can only say that all the witnesses were
sworn or atiirmed; wrote down all that was ma.
terial in the examinatlon-an that was responsive
to the questions.
O. Did any of the witnesses examined under that
commission state that they had seen Madame
Jumel in Providence with a little boyp
Mr. 0'Conor objected to the question.
The Judge-What is the object OF the question
Mr.. Shaner-TO test the recollection OF the wit
ness.
Mr. ShafYer-We EXCEPT.
right to xamine the witness in reference to
the other dispositions contained in the commission.
witnesses comes up before the Court l will rule
upon 1t as a distinct matter.
TESTIMONY OF JOHN r. TOBY.
Mr. John +. Toby, lawyer, residing at PrOvi-
dence, r. l., deposed to taking the dispositions I'M
der the commissions referred to by the previous
witness, Mr. Ashley; Daniel Hull was examined
on that occasion at his own house in South Provi-
dence Hull signed his deposition, and he was either
affirmed Or sworn l. has no recollection recollection that at
made any complaint to that effect; has no recol-
lection that there were any lawyers present at the
examination but Mr. Ashley and himself; possibly
there might nave been some members OF Mr.. Huls
TESTIMONY OF FRANCIS A. DANIELS.
Mr.. Francis A. Daniels swOrn-I am an attorney
at-law, residing at Providence, X. L.; acted as q
commissioner in taking the deposition OF Daniel
Hull, about fifteen months ago, In Providence, In
the office OF Mr.. Green, my associate; Hull either
made his mark or signed the deposition (deposl-
ton prOduced) that is the mark he made; the
Is in my handwriting; think Mr.. Tucker and Mr..
Chataed appeared as counsel Tor the plaintiff, and
Mr.. O'Conor and Mr.. Carter for the defendants; the
examination was conducted by Mr.. Chat1eld for
the plaintiff and by Mr.. O'ConOr for the defendant;
the evidence was taken down with great care; on
the last day OF the examination Mr.. Hull appeared
to be weak and fatigued but in the course OF the
examination he was rather proud OF his vigOr
Da iSn ago
one Joseph Perry A. Yes, some little converse
ton.
The Judge-What Is the object OF the question:
Mr.. OCOnor said that on the last trial Mr..
Bowen the plaintiff, identined Perry under oath as
a person with whom he was acquainted They
wished to show by this witness That Bowen had
stated to him that he did not know who that wit
ness was; that he WAS o person who was hunted
up by another They desired, II the Court pleased,
to show this as specimen brick Of the gen.
introduced into this case, to which His
Honor mad paid 80 much attention. They
meant to show, BY the evidence now offered,
that Bowen proved an association with the W.T.
ness Perry and identified him as the friend Of mis-
yOuth-a statement which was entirely false. His
mr. O'COnOr's) object was to show that the getting
up OF such witnesses was to give color OF truth
and Justice to the case, which was as unlawful as
was corrupt and dishonest, and calculated to mis-
This objection called up Mr.. Chauncey Shaffer,
who said there could be no doubt whatever that
the evidence Of Perry was as false as was ever
given in any court of justice. Plaintiffs counsel
had stated so on the previous trial, and they had
dropped Mr. Perry.
Mr. Carter, OF counsel for defendant-No such
thing. You produced him aud You did not drop
him. We had to produce evidence at great length
to contradict his testimony.
Mr.. Shaner reiterated the statement that they
had dropped Perry and that he believed the de-
fendant had iOisted Perry upon them for the pur..
pose of damaging the plaintifrs case, Counsel
proceeded to make use of very strong language in
reference to Mr.. Chase, the defendant alleging that
he would not stop at any corrupt means to carry
out his purpose and That he was sur
rounded by persons who ne thought,
SS nsse #
launched out into an attack upon Mr.. O'Conor, ad-
vertng to former statement of his (Mr. Sharer,s)
OCOnor in regard to the formation of the jury, and
charging upon Mr.. O'Conor unfaithiulness to pro-
fessonal trust He counsel did not know whether
Mr.. O'ConOr had right to use that name
Mr.. O'ConOr at once rose to his feet and replying
to the remarks Just uttered said that when the IN
dividual who had spoken had previously made that
charge against him respecting the jury the counsel
had scOwled at him like demon. They had heard
him burt out ia, day or Two ago an amount mt. OF
upon him (Mr. O'COnor) respecting the formation
OF the jury. If he had anything to do
some relevancy to this case; but the statement
was utterly and abOminably false and unfounded.
His Honor had heard the learned counsel say that
he (Mr. O'COnOr), with the aid or Mr.. Chase, had
robbed woman OF 100000 He submitted whether
such language was proper in the Court and whe-
Their he not at liberty to say that those charges
were utterly false and groundless-most aban-
doned falsehoods and utterly scandaous. He
trusted His Honor would rebuke the expression Of
such language. If any one made such charge as
that against him nothing would please him
better than q trial before the Court and
jury at once. AS to his right 10 the
name he bore. he wanted to know II 10 was meant
to charge him, too, with iegitimacyf He had not
wandered. around the world. He stood within a
short distance OF the place where he born; OF
the place where he was known for good owl; he
had spent his youth here; he had grown up with
the city OfNew York, and he had now arrived az an
age not to be exposed to attacks OF this descrip-
ton. He thought that this kind OF thing ought to
be stopped. Counsel ought to proceed In some
condition that they could try the case without the
personal assaults upon character His (Mr.
O'ConOr's) reputation was no better than his
character and II his character was not free from
reprOach, in Gods name let counsel bring his
charges; but those irrelevant speeches all on one
side were grossly and UNANIMOUSLY false, and ought
not IN no nprmittpu unIesx they were N have a