The New York herald., 1875-12-23
BowEN-EAGLE LIBEL SUIT.


Judge Reynolds. The court renamed crowded
throughout the day. standing space beng
al premium 50 widespread is the interest manifested
in the proceedings The argument TO the series Of
abusive articles resumed yesterday morning by
Mr. Beach, who cited authorities in support OF his
assertions, ali Of which went 10 show that the
iury should be familiar with an the provocaiions
The ruling ofthe General Term, therefore, differed from
the position which His Honor Judge Reynods had
taken This, he contended newspaper warfare,
where both parties had been in the wrong in their
proaches upon each other. One party is worsted IN
the encounter, which his course has provoked,
and he then brings his grievance before the Court
Two weeks prior the publication Of the libellous
article Mr Bowen assailed in an article in the
Brooklyn Union
Mr. Beach offer to prove, and claim the right to
offer
Judge Reynolds-They must be presented 70 the
Court before the Court pass upon them. You can
offer to prove them by stating the subject OF these
! articles
Mr.. Beach am not going TO read the articles am
only going to give them in distinct FORM wish 10
prove, and am going TO do IL, IN proper way am
not gong disgrace my profession by attempting TO
smugge anything this court which is not legiii-
mate,
The Court held that the papers articles must nrst
Mr. Reach then proceeded TO read the dates on which
the articles were published and their headings
Mr. Winfield objected and the objection sustained
Mr.. Beach then handed over the papers.
Mr. Mclean the managing editor Of the Brooklyn
Eagle recalled and testified that he remembered
the publication OF the Kidd article in the Sprt Of the
Times and read portion OF the in the Sun; the
attitude taken by the Eagle toward Mr. Beecher in the
scandal was one OF friendship; Bowen was looked
upon father Of the scandal
Mr. John Arrison testified that he in the saddcry
business IN New YORK; had heard Bowen's character
discussed prior 10 1874; his reputation bad.
Y What side did you take in the Beecher contro-
vQ-syY
Objected to- and objection overrued
Wtness-I believed Mr. Beecher TO be guilty believe
so still lsensaton); never spoke against Mr. Bowen
TO my partner in connection with the trial
Mr. Alexander studwell testified that he resided at
No. Al Monroe place; had been q resident Of
Brooklyn Tor thirty years, aud is engaged
IN the leather business in Spruce street. New
before Mr.. Beecher was there, and is still member; ;
had been acquainted with Mr. Bowen for twenty five
years, and his reputation prior TO 1874 bad It had
not been good for twenty odd years
Mr.. Jacob b. Murray, the well known usher Of
Tlton- Beecher trial fame, and contemporary Of Mr.
Caldwell in that Office testified that for twenty
years he had resided in Brooklyn and is in the whole
sale grocery business in vesey street. New York; had
known Henry G. Bowen for more than twenty
i've years, and his reputation was bad on the
cross exam nation the witness was asked by
/ Mr. Fullerton-Have you any occupation on Sunday?
| Witness asked the Court ii he should answer and
being told to do so began, 'Well usually ride in the
| morning and" tlaughterl
Judge Reynolds rebuked the audience for the exhi-
bon Of levty, and said that the question did not call
for his social habits but the witness has any business
| he tell OF it.
witness-I act as usher in Plymouth church on Sun
| day
q How long pray, Mr.. Murray have you usbered IN
the good people OF Plymouth church, A. About fifteen
years; attend twice every Sunday and have
cetved any compensation.
q How many days did you attend the Beecher trial?
Mr. Beach objected but the Court admitted the
werl A. never kept record. Most of the time for
six months | ain still usher at Plymouth church.
Qaughterl
Judge Reynods-This laughter cannot be permitted
Mr. Beach, hope Your Honor VIII indulge the audi
Judge Reynolds-Thts is not the place for merrimcnt
This IS not theatre shal charge the audience that
unless this the room shall be cleared.
Mr. Fullerton ito wtnessl-You acted as usher during
the trialY A. Yes, Sir
q Did you receive any compensation thenY A. |
did not never had any doubt about the innocence OF
Mr.. Beecher; was the side OF the defence
9 Did you ever say anything unpleasant OF Mr.
Bowen A. think may have done SO.
Q Did you ever say that Henry G Bowen was the
head devil in this troubleS A. No, sir ! may have
expressed the opinion that he at the bottom OF IT.
have said much in reference to IL that do not
remember what have said; up to within year did
believe that Bowen was the OF the trouble
but now should not be surprised II he wasi am in
Rev Edward Eggleston pastor OF the Church OF the
Christian Endeavor, testified that he succeeded Mr.
Tlton superintendent of the independent in 1867
Mr. Bowen's character in Plymouth church was sub
Jcct OF conversations; would say from acquaintance
with his general reputation Tor probty and integrity
man prior TO September, 1874 witness should say
IL was not good; had difference with Mr. Bowen-not
difficulty; IL was connected with the management OF
the paper
kxMater Commissioner Lorin Palmer testihed that
be had known Bowen since 1857 and his general repu
tatcn bad; had been an usher in Plymouth church
for ten or twelve years witness is sti member or
that church, and took sides with Mr. beecher on the
trial
Mr. William A. Colt testified to having met Archibald
Gordon who wrote the Kidd article and told him
then, 1874, that it had previously been published in
the Sun and SPIRIT Of The Tunes
Abner 9. Kceney was also sworn, and testified that
be was one ofthe proprietors o the Eagle
Major 9. 9. Wheeler, city editor, who was on the
editorial sa0 Of the Union when that paper asssii
ing Mr. Kinsea, called for the purpose OF showing
the rivalry then existing, and the attacks upon that
gentleman, which made direction Of the plain
tin The testimony not admitted.
Mr. f. ". Hull wholesale dry goods dealer, testified
that prior to September 1874, plaintiffs reputation
among business men Of the city of New York was bad
The defence here rested and Mr. Seth B. Hunt
dealer in dry goods in New York for foryone years
testified that he clerk in the same house with
Bowen in 1882 and believed his general reputation TO DO
Mr. Benjamin H Hutton had been acquainted with
Bowen since 1888; hrs reputation was good; never
heard his character spoken OF in connection with the
Broadway Bank, or any other banking institution in
the city.
Brooklyn all his life, bad known Mr. Bowen twenty
i've years; his general reputation was good
Aaron L. Reed commission merchant, had known
the plaintiff for thirty-seven years hs general repua
tion good had never discussed the Beecher
dsl, or Bowens connection with III had heard James
Howe speak avorably OF him.
Hr Howe then took the chair and said he wss a white
lead manufacturer, and had lived in Brooklyn forty
years. and found Mr. Bowen general reputation to DO
good; witness knew several Of the examining
mittee OF Plymouth church, and knew MIR. Beecher,
and read all about the trial. but heard any dis
cussion Bowen's character.
Mr. Daniel Robbins druggist had known the plaintiff
since ls41, and found his reputation good; Charles
Storrs had, prior to September 1874 spoken well Of
Bowen had heard his conduct in the Beecher trial
criticised and spoken OF adversely
Peter s. Hoe, manufacturer OF printing presses,
testified that he had known Mr.. Bowen for twenty
years and that the reputation Of the plaintiff good
on crossexamiuation he stated that he a cousin
Of Hcury G. Bowen, and bad sold him presses from
this he knew bis character
Alfred $. Barnes book publisher, found plaintiffs
Character TO be good; had heard speak badly OF
him in relation TO his connection with the Beechcr
scandal but apart from that he had heard nothing said
against him; witness and Mr.. Bowen jointly inter-
ested In the hymn book published for the use OF
Plymouth church, Bowen receiving a royalty: In rela
ton to the Beecher trial he had heard plaintiff spoken
OF adversely.
Superintendent OF Public Schools Mr.. Thomas w.
Field testified that be was acquainted with Mr. KIN
sella Judge Fullerton proposed TO show that Mr.
ILa had mall .n .lrA.a