New-York tribune., 1880-02-17
THE EVIDENCE ALL TAKEN.


& Co and c. W. Peek Co 1t appeared RON t"e pa,
pers tat during 1878 and 1870 he had purchased rom
the latter firm provisions 10 the value OF 900 io All
the vouchers for goods purchased from Ihurper 70
could not be produced. Mr. Pheps presented inemo'
rapdum OF goods sold 10 Mr. COwey by salesman
named MoSYbry Turbers' store amounting I'D ah W
sl7 33 for two years. MI Cowicy said that was no'
correct 80,
Mr. phelps-"The certificate OF incorporation OF the
Fold shows that there twenty-one trustees Nathe
any OF them who now trustees y
.W William r. Gardner is the ouIy one. He Is my wlies
brother"
"D!d You ever see this paper beforer IA letter was
given TO the witness.l
.Yes SIR It Goes not pertain tothe Shepherds foid
Chow did you fret come TO see IT.
al do not remember; that's my answer"
The Reeorder-" stike out that answer. Mr.. Cowiey'
vou must answer Ii will save time and ironbe''
Did YOU receive directly or Indirectly from BISHOP
Potter e. asked Mr.. Phelps.
."Not directly; cau't say whether II came indi-
rccilT."
"To whom was Il sent |"
al don't remember"
"At what time did you make the marginal potes ana
comments on the papcrF'
"Isuppose in june or July, 1876"
.'what did you do withitp
81 don't remember"
How did il pass ont OF your possessionP
.It passed to the secretary OF the Chdren's Fold"
Mr
arcport made ny Henry L. Hoguet Theodore iRoosevet
ana Mrs j. s. Lowell to the state Board OF Charities
Mr. Phelps he offered going 10 show that tho
prsoners attention had been previously called 10 tic
manner in which institution such as he presided over
ourht 10 he conducted regards the quality and guam
tity OF food 10 provided aud that therefore, II was
not through ignorance that he had conducted the she2
herds Fold the manner ne had Ihe latter was ruied
Tad T% az S5d 1iie noI rsfHie ;he Sicpherd's Fold
ar Pheps-S How long after June 1875, did you re-
have never ceased TO be connected with it," -
Did YOU not. in The Spring Of ISL leave the Chii'
dren's Foid and go to the Shepherds Fold =" -, l..
Yes, air; but did not cease to be connected with IT,
simply left residence" ,ooo,.
I'VE had about half barrel each OF meal hi3milny'
beas and peas aud aDon Ten M reo sS ss 70 the
9nan'i;y OF S9oas n dsdence res,ed
EVIDENCE IN REBUTTAL.
Mrs Mary H. Mcclellan, principal Of Primary
School No l. in Third-ave., near Fortyninth-st, was
called by Mr.. phelps In rebuttal She testified that
there had been children from tho Fold at the
school in 1879
Did any Of the children leave the school under your
drcctoni"
"They did"
What was their condition y
Judge Fullerton objected to the question.
Recorder smyth-' I excluded all such evidence until
the defence called testimony as 10 general character
Condition aud treatment You nave opened the uoot 10
such testimony and ii must be admitted"
aThe clddrens heads" continued the Wltneee, were
very dirty ana had vermn Their eyes were sore Their
clothing was poor, very poor ana tney al haS pnSnea @
ar e.s Of % other Ua' children and from the teacher
saw two OF the children PICK up apple cores ana
oomplanod to me of being hungry. no Mr. Brookel-
The produced are notes OF complaint aoouI tne
are not there There were others which pinned under
the cdrens aprons so that they would not lose them
Henry L. Hosuet president OF the Industrial Savings
Bank, testified that be was member OF '5e slas boae
of Charities for three Years, closing IN 1870 lie knew
fdward Cowey; his general character for genteness
as ne a til man to have charge Of childseni"
81 mink he Is hasty and raselo,e: examined tne
ns'9aOn IN s1e Theodorc NJ Roosevelt and Mrs j. g. Lowell
were with The document prodaeed was written oy
me, and 1t communicated to the State Board OF
Thr District Attorney offered the report In evidence,
but IL was excluded.
THE LEITER TO BISHOP POTTER.
"Dd YOU or Mrs Lowell at an time address a letter
20 Bishop Potter about Mr.. Cowley"
Ycs, Ia June. 1876"
The letter was offered and excluded.
Jennie Mills testified that she had kDowp Mr COwley
for fifteen years She had been inmate Of the Fold
for eight years.
What is his character for gentlenoss and kindness y
"He is not IN any way gentle kind, by any means
1t is i've years since lived with him. ITO MI
Brookel-I WAS seventeen years old when left the
Fold am speaking oi wns ep KnSw TO M dewv
leaving the Fold went 70 liye Win minister halnea
lay
cane from Rsndsii's Island to the Fold. 10 Mr.:
Pnelpsl-I was ten years old had been Oh the island
%Saes Lawrence the mother Of Bessie Lawrence,
tesihed sbe called at the Fold ber cbId com,
gwen her auuine. Mary Knapp said she had sister
in the Fo as last October When tue chlld was
nI@ned Of hunger. Mrs. Mary KattenhOrn testified
,Sat sneerd she yeq rod in sIets Her attention
had Frequently been attracted TO matters happening IN
arrs ins sSa fs WAS ocred BY Mr. CSwey tSree days
thai the witnesses attention attracted t. and that
she complained TO the authorities about IT, Tie counsel
for the defence objected ana the court sustained the
otecS%n %,v x,,ou Of 155 East Fifteenthst identified
Poekweii Mclann one of the Folds boys. lad who
mad called at hsF house every morning. on hs way TO
mntIis. Rockwell IcCaun said that he did not get
enough eat at the Fold and that he dd not want 10
~ MRS. cowLEY RECALLED.
Mrs Cowley then recalled by Mr. Phelps.
.Vbep YOU took Louls Victor 10 the hcspital" he
asked did The physician ask you what was the matter
with the child y
Did not Mr. Redcw ask you some questionsP
al can't say. 1 was asked some questions"
"Dld you say him that Victer had cough and that
his feet and legs had become swoienf'
- II Cont remember any such questions being asked
feet had become swollen aud that he mad diauhGa."
Were you questioned as 10 the boys dietP
Or Redlow being recalled said; q was called to the
office while Mrs. CoWey there. asked her wbat
the child sick with, row long II had been sick. whom
its became swollen what It had been TED upon and
she answered all the questions. She said that the boy
had not had any meat rnit vegetables OF any KIND
at any lro Recorder smythl.rhe child has never
had rickets there ~ no question about that"
Robert Jobe said that the boy Fox showed hiD marks
oil neck and offered TO show him some on his body
lie said that they had been inflicted By Mr. Cowiey
that Mr. Cowley had Eicked MIN d0wn stairs for not
cleaning his boots The witness had had daughter
the Fold. When the child went homo In November last
she had three large sores on her head and she was
filthy with yermiD.
To Mr. Phelps" Mr.. Cowley would not give me the
child aud made complaint 10 J0dge Murray got the
cn,ld on an order Of the court"
Gusse Sweeney, twelve years old. with very sore
head called TO the stand She took of her hat and
exposed her head TO the jury
TO Mr. Pholps-"I know that John Campbell came
into the girls room at nights cont know how many