The New York herald., 1879-10-31
HARRY LowTHER's NARROW ESCAPE.

CONVICTED OF CRIME OF WHICH He WAS NOT
oUILTY-EvIDENcE DISCOVERED THAT MAY
SAVE HIM FROM FIFrEEN YEARS IMpRIsoN.
MENT.
singular and highly important discovery was
made in criminal in Elizabeth N. j.. late yes
terday afternoons discovery which will a man
already convicted Of q heinous crime from . long
term in the State Prison. and which resulted in the
arrest and incarceration in the Union County Jail Of
the real culprits. On Wednesday last young man,
named Harry Lowther. resident Of Elizabeth and
respectfully connected. was placed on trial in the
Court OF Quarter Sessions in that city
on Indictment for an assault on
Miss Emily Oakley. of the same city. on the evening
of june II last. while she was returning from .
church picnic at Ellers Grove. The young lady was
found wandering in the streets at midni hit that
night and when taken to the police station related
the circumstances OF the attack made upon her. but
unable ut the time to identify give the namo
OF her assailant. Several weeks later while walking
Broad street with her brother, she met youngl
Lowthcr and immediately said to her brother,l
THAT is the man who assaulted me-" AM
placed under arrest. He acknowledged that he
had met Miss Oakley ut the picnic but strcnuously
that he the grove before she did and that he was
at his home and in bed by eleven o'clock. When
placed on the witness stand he reiterated his state
ment. which was corroborated by his brother and
two other respectable citizens Miss Oaklsy. in her
statement to the jury was positive that he was the
man who assaulted her. The jury retired at four
O'Clock Wednesday afternoon, and, after balotna
all night, brought In verdict Of ''Guilty' at ten
O'Clock yesterday morning, with recommendation
for mercy. The blow completely prostrated tho
young man. Shortly after the verdict had been
rendered ex-Chicf of Police John Keron was handed
note which had u few moments before been re1
ceived by Mrs. Heaton. an aunt OF the young lady,
1t read as follows:-
ELIzAHxrm, N j., Oct 80 1873.
With pleasure take the pen to state you tina. poor
that Charles Berry is the guilty person. wish that
tested Please sxeaso me Tor telling before 7
WAS afraid TO get In the scrape myself r,ense excuse
my writing. for am very anxious. Yours TINY rruuyvowx
Patrick Caarov came up the avenue with Mrs Heaton,
witnesses you will hear from us hereafter Yours truly
the man who delivered this note 10 Mrs. heaton. and
she informed him the stranger was an old man. who
liniped and used The officer shortly after
ward saw on Broad street man named Hegel, who,
delivered the notc and furthermore said that his son
and young man named Sauerbrand saw Miss OAK
ley In the company of one OF the men mentioned on
the night OF the assault and Mrs. Hcaton In the
pany OF Caffrey. The latter found ut work in .
coal yard by the exChief ut half-past hve o'clock,
and At first denied with indignation that he had
When the letter was shown TO him he acknowledged /
that he said that Berry was the guilty Berry |
subsequently arrested, and he too, at first de.
MED that he knew about the case, ami said
that he was at Long Branch on the night OF the as-
sault Mtcrward, like Caffrey, no acknowledged
having boen In the company Of Miss Oakley and her
aunt. and protested that Caffroy was guilty VI tho
crime. They were at once committed to the County
Jail. To-day Counsellor ailhooy, who defended
young Lowther, will move for nollo prosequi,i
which. 10 believed, will DO granted by Judge Mc-
Cormack.
Lowthor would have been sentenced to the State
Prison for fifteen years this morning.