The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-12
TILE JUMEL ESTATE CASE.

Carter.
The hearing of the case of George W. Bowen vs..
Nelson Chase was resumed yesterday in the United
States Circuit Court, before Judge Shpman and
the special jury.
Mr. Hoar, Mr.. Chatfeld, Mr.. Chauncey Shafer
and Mr.. Sawyer appeared AZ counsel for the plain
TIL, and Mr.. Charles O'Conor and Mr.. j. G. Carter
for the defendant.
THE SUMMING FOR TIE DEFENDANT-MR CARTER
CONTINUES HIS ARGUMENT.
Mr. j. G. Carter proceeded to continue the sum-
ming up OF his argument on behalf OF the defend
ant. He said Mr.. Chase became possessed, in addi-
ton the title OF his children, to the title OF the
only known heirs Of Madame Jumel-he meant the
Joneses. He brought salt to set aside Madame
Jumel's will Of 1868 the ground that it had been
executed under undue influence. That Will
was set aside. The case was tried
by eminent lawyers, and, of course, it would have
been Of the greatest moment to those who were
main taining the will If they could have found any
other heirs but the Joneses, whose title Mr.. Chase
had bought out. Mr.. Devne, OF the firm Of Martin
Smith, went to Providence to inquire for heirs;
but, while he could find plenty OF pretenders, he
could not discover any one having a better title
than Mr. Chase and the Joneses. They had then
to fall back the merits of the will itself. When
il was seen that the last VIII OF Madame Jumel
opposed to the wills OF 1876 and 1851; opposed
to the marriage settlement OF the Pcrys in 1854;
Jumel and Mr. Jumel, what honest man could hest
tate to say that that was not the real will
of Madame Jumel. Having referred to the settle
ment that mad been effected under the WILL $4,000
having been given the charitable societies as ega-
Jury, Could more honorable arrangement have
been come to in the case? After all this was DONE
and in the year 1885, three years after the death of
Madame Jumel this man, George W: Bowen, ap-
pears, and says, al am the son OF Madame Jumel;
you must clear OUT We answer, Madame Jumel
never had a son." ''Oh, yes he says, am her SON.
but did not know it until recently He has come
in here to reap where he has never sown. Bowen
had sworn that he would never have undertaken
to recover this property on his own re-
to 60 % Edmonds : Fields and enter
them half what might be recovered. But to the
honor OF Judge EdmOnds, with such Witnesses
others, he would have nothing TO do with the case.
Bowen had sworn that he did not pay the lawyers;
that he did not summon witnesses; that he had no
trouble whatever III conducting the suit. The
plaintiff was examined IN Providence and MIR.
Chase, desiring to ind out who his antagonist was,
had Bowen questioned as to whether he mad any
arrangement or contract with any person in refer
ence to the conduct Of the suits He declined. by
direction OF his counsel, TO answer. On the iast
trial Bowen was questioned as TO the contract He
said 1t was with DR.. Joseph G.. Fucker and Mr..
record and clerk in his office. But the plaintn
did not produce That agreement; he said It was
ment was with Dr. Joseph G. Tucker, brother of
Mr.. Gideon ]. Tucker, who, if the case succeeded
for the plaintiff was to get one tenth OF the whole,
with interest on disbursements. DIR. Tucker
to advance all the money necessary to conduct the
suit, with the exception OF some outlay Tor the
the other side seemed to think that tins was
making charge against them, but he did not
make a charge. III the 1actS made a charge how
could he help it, was he to blame for it
Counsel for plaintn SAID, according to the law OF
this State ana Of the United States, 1T was aOwa-
bic to make arrangements between counsel and
client for the prosecution OF a suit.
Mr.. Carter replied that he agreed to that; but if
the facts, as he sad implied charge, he could not
help 1.-THE was not accountable for it. This was
an organized conspiracy on the part OI those VINO
had agreed to prosecute tins suit with Bowen In
his name. 1t was an organized conspiracy under
the lead, not OF Bowen, but OF other people who
had negotiated with him, and VINO were total
strangers to Madame Jumel, to carry on this suit
in court OF justice, to deprive people OF their pos
sessions and OF the very root that gave them shell
ter. That was the nature OF the suite take from
them every dollar they had in the world; strip
them Of the roof that covered them for thirty or
forty years and send them houseess and penniless
through life. This was an organized conspiracy to
carry out this suit not 10y anybody who
eyeT ca n ~ n 10 ane
in this case to commit perjury and alsehOod were
great--temptations TO participate in the plumber
which 1t was expected would result from the
swearing OF witnesses who were brOughC up TO
testify to declarations that were never made. The
defendant had strong ground for suspicion that
when a man voluntarily went into an enterprise OF
that kind he had already resolved In his own mind
to employ means of whatever character were ne
cessary to achieve success LOOK at the absurdty
Of the plaintiffs case. His claim was that he was
born in the house OF Freelove Ballou, and re-
states that he never heard who his mother was
until the death OF Freeove Banou, in 1928, when
that he could have gone from infancy to
manhood without ever having heard any
ont P the who OF 10 MS mSh WSu a
his father, have told him who was his mother
Bowen was in the habit OF going TO saratoga after
1923, when, as lie states, Freelove Balou told him
Nine. Jumel was his mother He saw her at Sara
toga, but did not make himself known to her. AS
he states saw her grossly insulted opposite the
raised "A
hand to save from insult the woman who was
claimed to be his mother. II he knew all these
was the object OF this secrecy? Why did he Keep
this knowledge locked up in his own breast never
giving The slightest 1ntimation OF IL to any human
being Counsel on the other side SAID Bowen did
not want to let his vile know that he base
In Providence Had he not married Providence
girl, born within forty rods OF him, and must not
II was Idle TO suppose that the idea ever crossed
the mind OF this man, from the first dawn Of his ex.
lstence down 10 the deatn OF Madame Jumel that
as a witness: he was the playmate OF G. W. Bowen,
and he testified that he never heard who BOwens
mother was. The providence papers were full OF
this matter, and yet not word was ever limited
in any Of them that Madame Jumel was the mother
OF this plaintiff. For ten dollars head witnesses
couIu have been produced to swear that they heard
somebody say that Madame Jumel was the mother
OF Bowen; and If they committed perjury how
were they TO be contradicted Bowen himself mad
sworn that he did not hear who his mother was untll
he was twenty whine years OF age, and he Mr carter
asked the Jury 10 say wnether, II tlere was SUN
thing as common report in Providence that Betsy
Bowen was the mother OF this man, he could ior
Twenty-Five years have been ignorant OF itY Wnen
the other side asked them to attach credit TO SO
remarkable miracle that, they must try to sup
port II by some tangible evidence. Counsel then
went on to consider the oral declarations OF the
Witnesses In reference to the parentage OF the
plaintin. Even in the case of legitimate pedigree
oral declarations should be received with care;
but there was difference in regard to the value
to be attached to declarations affecting legitimate
and the declarations affecting illegltimate Of
a
ter spoken OF openly In the family and with Joy;
il spread throughout the family and was talked of
above board; and as to the latter 1t never was adj
verted to, except as scandal and q reprOach,
For the purpose OF showing the utter unreiiabity
OF the testimony Of old men as to what was said
ferred to the testimony that was taken as to what
general commanded on the American side at the
battle OF Bunker Hill. That testimony Consisting