New-York tribune., 1874-11-21

Is p,e comnIimentsry to myself published In The
& psfy8HaS Mr. 8ssnss ne and myself to friendship
after the article complained OF was pupushed M WnrF
called upon me and sSd lSshed 40 and that It was pub
lished without his knowedge nc had some me v adition
jectionabe matter expunged from part Oh 'n' ''''
dd not write letter from wCCdsSsr sssed
and did not strongly ndict Mr Boecher = Rovep
tesaed thai h. was with his the time OF tSs sST
death. and he pronounced as lie INC ue also testified
% Ss nsa M Rarass friendly to father up to the
publication OF the libel Henry T. Do~ @ gitS his mother
ouT Sonrs previous her doath she never
made any declarations concefhnhs h Pev Henry Ward
Beecher During last hours she was nna0s Ranes
and himself were friendly.
TESTIMONY OF D. @. RAY
The writer OF the article which was the cause oi ni
psrnes,s indictment was next placed on the sahu De
witt G. Ray testified: lam connected with Ihe Argus;
wrote the article on the day it was published; know
Henry NJ Smith; have known him since the 2Sd OF
August last: met him first that day. 1t was sup'
aay met him on Fultop-st directly in front OF Hoyt
kTeales clothing store; went with him to the & resi-
STsee Tas with III me me at the time; Mr. Smith at the
house made the statement substantially as wrose IL;
ont not filing in all the detas he made tho statement
IN the first place to MIR. Ton that he had his sympathy
e because be had heard these charges two years ago
from the Rev. DR.. Patton OF Chicago; MI smith knew
as pSTioSs of the time E ton was present
and Mr. Underh senographer; no one G t4Ss 4Ss
article from them and memory; all that TOOK d9wn
same from SMITH he g'Es p Patton Ps a10 and hmsef
in 1872; Mr.. TltOn said nothing in regard 10
that statements don't remember ta o. ,eptnS When sT the
name OF Mrs. Bowen was mentioned 1t made MI. Tnon
9nd made he ad SI G soSs p rather
avoided tae subject; began writing the article a3ouT
cent II tSc ito the room OF Mr. Maverick manag
ing editor; The Argus had considerable circuauon al
the times this article dd not increase the ccua'on oH
Cross-ex lmined-Mr. Barnes did not know that was
writing the artcle a portion of the he was IN new
York city; he in the Office when this article went to
learned toe proof Of the article 10 Mr. d n@
see the pro1f left the Office before the paper came
part Of The article had taken the article ap-
peared the fourth edition; the whole OF the succeed
Rc-direct-wo went into Mr. Tton's house about 1oi
o'clock and i about o'clock we then went % 70 pe'e nc M
In residences we stt about 9eSss ndSrb1 MT Shi1n;
house and renamed there ill o'clock returned 70
Mr. Iilton's house and remained for hall an hour; ~
Mir smith stated that published were denied
he would support me with his ahddvit. -. MI. ~
Mr.. Ray-Ra,ber. rLaughter;I .
Dsnet-AttoIpey Wnslow-Don't you remember that
somebody called on you in company with the pr0hef OF
hiss Edna Dean PrOctorl
MIR. Kay-Yes, do now.
District Attorney Wnsow-Don't you remember say
ing to them N explanation that this publication was
Mr.. Kay-Pernaps I said so. The next morning after
Henry NJ. Smith attached was published in THE NEW
York TRIBUNE. 1t astonished me. called upon Mr..
what published and also asked HIM what Mr.. Smith
could mean by denying what he had said to me. Mr..
part 10 force Dr Patton 10 tell what he Knew made
this explanation to the gentlemen who called on me.
TIE DEFENSE.
DstricAttorney Winslow rested for the people, and
porp ri olc a IN bis ont Ua
said that the tctAttorney could not stronger
language In reference te the loel Mrs Bowen than
he would be disposed TO do So far the defendant
concerned he did seek to prove the truth Of the
article He could not do If he would, and would net
If he could. lie thcn quoted several authorities who
held that Eoel against the dead must be shown to
have been pepetratod with the design TO bring the
living relatives In contempt. He held that all the
testimony gwen so far went to show that Mr. Barnes
with the Bowen family were OF the most friendly char
ncter; 80 .
mark that apprec the full force of argument
made. but he desired to make suggestion. In case
lrx tn acdp He GoneS II he had such bower i1
this case. On the contrary, he thought that it
case Which should 90 to tne Jpry: ., o,.o. ,s,o.
mont although believe you have the power to direct
acQuIttal
through He held that there was not singe word in
the article wbich conveyed the impression that Mrs
ton from the article stating that Mrs Bowen her
Mr.
counsel declared could not be fairly said to that
she confessed adultery as alleged in the indictment
Bowen to have made confession. although he
charged which did not TO adultery. He had
known whore vlrtuous women had made confess
sions TO their husbands which drove them nearly wild
with rage aud grief. 1t did not follow because the
article SAID Mrs. Bowen made confession that IL re-
ferred adultery and had right to put that
construction on the language as had been done in the
Judge Moore admitted that the argument was strong
but said be could not SEQ his clear to charge the
Mr. Barnard then opened for the defense in a brief
address He claimed hat the bellons article had been
sad he took measures to exPunge its o9jectiOnable
referred TO the friendly relations existing formerly
between Mr.. Barnes and Mr.. Bowen evidence
his client had no motive in publishing the article
Augustus Maverick. managing editor OF The Argus
testified that Mr. Barnes had knowledge Of the exist
OF the article until it printed that when he
saw copy ordered the 10 be stopped and the
article to be chauged from what ne had heard Mr..
Barnes say he believed him to be friend OF Mr. Bowen
TESTIMONY OF DEMAs BARNES.
Domas Barnes the defendant, testiaed-In August
last was the proprietor OF The Argus had no know
edge Of the article complained OF till 1t printed in
the paper had given instruction TO collect all the
that had any reference the exciting topics OF the day.
but having reference 10 this interview with Mr.. |
Smith / returned from New-York ut half-past three
the press was not operation when I returned the
press had been operation from 10 twenty minutes
before 1 became aware Of the article rushed |
from my room and cried out, What Is this stop |
The press " said Mr. Maverick. "Tbis thing be
Gxed:" we then undertook 10 chsel out some OF the
offensive words; read the article further. and sad,
This won't do at all; stop the press, and more words
were chiseled out my intercourse with the Bowens has
been very friendly; caused the article aulng to Mr..
Bowen's charities TO be pubshcd; availed myself OF
the earliest opportunity to Mr.. Bowen and make
explanation TO him ordered that the interview alleged
10 have beeh held by OF another paper with
MIR. Bowen should not be reported for The Argus
10 fifteen years. our acquaintance was OF social ma.
ture; Mr. Ray handed me some papers that afternoon,
which nave been the proOi-sheet5 OF the fourth
page did not look them over.