, 1874-11-23

Tho Trin1 Of DoInn1 lsnFnes for the
I&0yY1u l4fbCAs

on tho 24th Of August, tn which Horny ii. smitt
OF Chicago. rotated q story he anld ho receive
from DR.. ". ". Patton, that 1t WIS we'll know
among number Of Congregational c1orgymo
that Mr. Bcechor was guilty, alleging that Mre
Horny @. Bowen on her deathDod confessad +
nor husband improper conduct With Mr. Baecher
and avcrring that two Of her children wcro ilc
| gltimato.
hir. barnes was in court yesterday with MI
| D. ?. BARNARD, his counsel. hIr, Hanry G
HoWon And lla two Hons sat by tho DiBtrio
Attorney. Theodore Tilton, who had beon sum-
nloned as "itnoss, was In tho room with h
COUNSEL. Mr. Maverick, who procured the ilrs
atatoment made by Mr. Tsltou, was there as
] witness.
hfr. Darnea, when tho case was called, ploadet
not guilty.
| Alr. Heury G. Bowen toBtiGod that 10 had lived
In Drouklyn for thirty years. aud in 1861 ho was
! proprietor Of the Independent. Lucy ii. Bower
| waa htB vito thon. bhe iB dead. Tlero wore
| ton Children, scyon sohs aud three daughters
Horny, Edward. and Clarence arc living. liz
| continued:
My vito died tn March. 1885, after being confined te
hcr bod about two wueks was Will, Gur vii Of ber
last hours. She was unable to speak from to . it
throat and sfdo.. Size communicated lof wants Ly
signs. Her 1uind tesnoa clear. was with her III q
erence or usinuatton that Hho had committed a1cry
Tish sny ono. shs DID not spoak OF Mr.. Beechef.
Sas w.s 4s4na5n,ed with ht .na had Known
|
Church. There Il no foundation vnstovor for
a.'.h tho 'tgFy Mt, .hat fsT dsya sftes ny vlie's
subject; nor that M onnaty had sprung up between
9lr Hocchor aud myself about this matter nor that
NJ Doeeher left lhe lndepenarnt account Of hts
ever. Ny wlfo anu Mr. Dccoher had boon Acoiianel
' sasG isas. wlon he came to Brooklyn Mr. Barnos
that Mr. Darnea cana to mo aud sad that ho was in
NOW Hotk whom t4e article waa published. and that
wcn 10 returned he stopped tho proa.e and eIpunged
Wooassocf to Theodore Tlltun under The weight Of
grief. - sllegea al did not acouxo Mr Dorccr Of
ths charge.
Clarence Bowen, tho third son Of Mr. Bowcn
testified that ho was with his mother ia Lor lass
hours, and in tho room wheu she died Ho said !:
pronounce the allegation TINT my mother
made any declaration concerning Horny Ward
Beechers adultery with her q lie. So far aa I
tho subject"
Horny =. Bowen, Che Oldest sou, testified that
20 vas with Lib mother four honrs before hes
death, aud that she mado no declaration In ref
orcnce TO Immoral practices with Horny Ward
boecher. She did not reflect On Mr. Dosoher IN
any WAY: Dr.. storrs. Dr.. Cuyier, and 1T. Dooohor
attended her funeral. There was nothing thnt
my mother said OF did in her list hours by siRu
or a,y IN sny g othor way to Justify the story.
1n%it ,nd H. T. 10y who wrote tho ibeous .rico
n, Htnith walking in Fulton street with Thoo-
doro I1lton, aud the three went TO Mr. Tilton'a
house, where Smith, in talking over the case,
said 10 Mr. Tilton that he believed bis aldo OF
tho caso, because ho had heard charges sRainat
mr. Beccho1 two years boforo from tho Roy, Dr..
Patton, OF Chicago. Mr., smith told the story
that WAS printed in the Argus Ms. Tilton heard
It, mud when Mra. Doneu's name was mentioned
eatd angrily that, whateFor was said as ainat Mr.
Deecher, he ahould not believe anything against
HRS. Bowen. Ho avoided all conversation about
it. tlr. smith said that he would support tho
iacts with 1da affidavit. hlr. Barnes waa too busy
to Beo tho proofs, and aftor tho paper went to
press no had the form 1tereotyped again, with q
portion Of the article taken out.
Tho District Attorney rosted his Case hare, and
Mr. barnard asked the Court for an acquittaI,
do satd there was not sufficient testimony
nga'net air: Barnoa to allow tho case to 20 70
tao 1ury' Tlio defense did not wish to attempt
70 provo the truth Of the article, and could not
Y they would. md would not ii thoy could,
Judge Moore ordered that the oass proceed,
MIR. Barnard then argued that tho Indictment
was based on Tue ground that lIr. Basnes intend
cd to accuse Mrs. Bowen OF sdultory with NIr.
Beechor. wlile the specifications in tho indiot
mene DID not hrstain 1t, as thore Was proof that
Harnes had proven li,nself to be = partisan of
MIR. Bowon, instead Of Wishing to bring him INTO
contempt: He asked that tho defects Of the in
dictment DO takon AZ sufficient ca,1Bo for diract
ing tho Jury to acqult ut once.
Judge Moore oraefed tho testimony for tho
defenHe to be taken.
Mr. Augustus Maverick and Mr. Barnes tosti-
tseu W I4enahulP sor hI. DoHen, aud to Mr,
Harnes' Altering the press forms and command.
!nG the article to be loft out of tho earlier edi
lions Of tho next DAYS paper.
;, Mr. Barnard said that LIE would not address,
the jury, and Mr. Winslow said that ho did not
wish 70. aud Judge Moore CHARGED the tury.
Tie told them Mhatevor opinious they had unon
Eho great scandal which had gono throughout
Eho world Il must not enter into this casu.
although II was IN offBhoot Of 1t. The questions
!hey had to decide wore, first whether tho de- |
|endant published tho paper second, whether |
;he article was hbcloua and third, whether it |
'as published with malice and q purpose 10 d. |
aue the doad, laoorate tho foelinga OF tho liy-
ng, and to excite them to breach OF tho poaco. |
The defendant, IN view Of tho facts. was Dot |
'flmlnally liable. Thore iB no proof that thore |
sna any malice toward Bowen and family, Two
hlngs Here wanting 70 make ou: case-knowl- |
:dgo OF the publication and malice In tho pub-
!cat1on. Neither was proved. uo supposed |
mt tho main object in this caso was to give
ne complaining witnesses an opportunity to sot
e rest under oath tho fatso stories. Az far ns
he testimony in tho case goes there IL not tho
lighteat foundation for the support OF Mr.
'inlth'a charges. aud tho Yinlicailon Of Mrs,
5o.yen waa complete,
The jury was absent two hours and then
oturned verdict of not guilty. Tile foreman
nnded document to tho Judge Tor tho proso-
ntlng attorney aud the lawyers for tho de{oneo
rcad, expressing their bollof IN the vntica:iou
I Afs. Bowen. hlr. Barnes was discharged, IN
LATEST NEW YORK MARKETS.
FINANCIAL,
NEW foRK, Nov. 2l.-To-day has been one of
10 ouliost that Wall atrcos llaH experienced for
omo tlulo past. balsB at noon wore 81. .O}0
haies. which WAS q, 600 shares loss tAan at lin
f1Jf rulIj 4f, at. !