New-York tribune., 1880-02-18
APPEALS TO THE JURY.


APPEALS TO The JURY.
The Rev. Mr.. COwley was one or the
or,,ost An attendance at the opening OF Inc court vi
General Sessions yesterday The room was soon heu w
sneetators although the officer at the door reluseu
admit any one who could not show some excuse iVt ~"
demand. As on previous occasions, 'he hu"' =,
women present was remarkable Mr.. Convey ooo"P'
se.t bchiod Mr. Brooke his counsel, and numper Vi
his friends clerical and lay, were in MS inleuia'o
neicbborhooi Judge Fullerton was not present uu'"s
the day. -, ,, poolo
twas l1:oO when Recorder Smyth asked MI brooA0
II he was ready proceed
Mr. Brooke replied by rising to bis leet' an" }"
calm low voice addressed the Court aud the JURY
He began by stating that after long lnvestgauo" "
the facts the stage had been reached Where All ina.
10 be said on behalf of the prisoner was 10 pe
He asked the Jury to look back TO time anteuatns
this trial. and what denunciation there hau peen
q; the prisoner blythe public press lie at
trbutea the line Of conduct toward N.Y. CONVEY 10 '"c
nature of the charge. 1t natural that every s'c'
of manhood and nature should DO arc "sea "he" was
supposed that any man had wantonly, cruelty ana sSS
tematcay wronged unprotected and helpless chioreh
In view OF the genera feeling which existed against the
aecuscd man great had been taken in the seecoh
OF the Jurors. They were now asked 10 su'nu po'"'
him and public prejudice and unjust condemnation
Mr.. Brooke then sketched the career OF Mr.. Cowiey
SINCE the interpolation of the Shepherds Fold he re-
ferred to the internal trouble and turmoil wnch nauco
curred I'm the Fold and said that when the means OF
public support were withdrawn MI CONVEY u'u no'
allow the doors of the institution to be closed ana o
children 10 be turned into the streets but continued ~
strive and hope II his Judgment was a'
fanlt his humanity right, and couid reeei'e
no condemnation He next sketched the proceedings IN
the Supreme Court and charged that the society lo ~
Prevention Cruelty TO Children had gone TO the fou
with retinues OF reporters those agtators oi '"e
press"-with the object OF making sensation anu
thereby gain ng fame itself and revenue In case OF
al order OF
the back of the accused man, they recovered 'he
children from the Fold. What he asked would become
Of the children after this agitation was overf lie aooeu
that neither he they would ever know
MR. CowLEY INCAPABLE OF CRUELTY.
Mr.. Brooke then called attention TO the nature OF the
charge aud contended that unless Edward Cowley was
shown to Of the abandoned. perverted ana crmhai
nature necessary contribute to the act mentioned In
tho statute lie could not be convicted II he erred IN
Judgment through lack OF knowledge; if he had hcsi-
lated between two courses In the treatment OF child
and the result had been all that the prosecution pre-
tended it would not be sufficient Edward Cowley must
have wilfuy intended to do the act which endangered
the child's life II Mr.. Cowfey was guilty witully
that n t"' in ''S the name OF God he be puuished
for he deserved it. The ti nature ', OF d the the
nrors were asked Say whether Mr. COwleys previous
ge cvdeSe of the Rev DIS DIX Potter TfSey
and Others that they had known MI CONVEY 10 ms
worS aud that there had been reason to question MS
character for gentlcness and kindness. In reviewing
the testimony OF the children MT Brooke created con
Lawrence Bessie Turner; He explained that he 9ad
judge FulieIton in his miId, ana fG tha' po I1e
tended that in arriyine ~ a, conclusion cor, Ioi}D
Victor and asked tnat they should eliminate all prein
dces which had crept INTO the case fr0m surrOundns
accused man had wlfully neglected TO ADMINISTER |
proner food and medicine to Loais Victor ana ne asked
Of RELIGION and humanity, ana concluded by declaring
a
fion ofhe prisoner He asked the Jurors in the of
humanity law and under the evidence 20 do that which
was right and render a verdict of not guilty.
Mr. Brooke spoke for two hours and ten minutes
sons who had stood at doors in line for hour
more moved and took the places of those who left
POINTS AGAINST THE PRISONER,
District Attorney Phelps in his argument. said;
Ibope may be able to confne myself to the questions
springing out the evidence in this hope shall
not be tempted to go beyond the bounds OF that discus
sion 1t is not my intention 10 defend all who have
fallen under the condemnation of my learned friend.
propoe TO cOntne myself discussion of the facts In
evidence and the conclusion justified from them.
What are the factsi The prisoner is charged
with having withheld from Louis Victor pro-
per food and medical treatment, w,liuly;
What to prove to maintain the chsrge
FIRST that the children were Ia ms care @ aha & GaStoay
secondly that he neglected 70 Supply tnG VIII plopvr
food and in their Illness WIN proper medical ratniene
aud that he acted wiltgly If succeed in these prop
0sitions entitled TO a verdict. mt, -.
In the first place, what does wiful mean Tnat the
prisoner meant TO starvr Louis Victor TO
eea,n t , M iset II so he youd have been charged
with attempted murder. The statute under which
the prosecution has proceeued = niue more tnan
When the statute says is guilty lie wlfuy neglccs
Il means if be do the act from Ignorance Of the
presence OF and the pafient suffers he is not
responsibe but IL knowing OF It's presence ana he falls
theory. IL is common law ana the Englsh law In one
though his defence was that the patient had been
treated by prayer and the laying on OF hands II Is 10
Kill or starve Louis Victor TO death Nor would have
been Sufficient answer If he defendant haG claimed
that he was the reQu site means properly 10
for the child His duty IN that case would have
@; the children assumed vOiuntarly and II he
had no means to feed them, why did he accent the
unable to care for child take it some where else
He uttered one word about his or lack OF
Tue question therefore Is whether ns heeiect
was wilful or accidental The defendant Is not an
nor from those who know him best IL has come from
mncn apon @ a h n.t % cssnaliv II ia best Summed
nm in the words OF the Witnesses when he said
means thai he las not been convicted OF any offence
They went all the way TO ConstautinOple and brought
Bishop southgate TO testify 10 hs character; but they
What %lh he knew about him Neither did they Call the
rector OF ST. Albans, at whose church the children at
tended they called no one who kncw any thlng about
his management OF the institution, and every
effort to raise the veil as 70 ms , record Tn
Yet opening the his counsel told us tnat be was
snow of ali fins caumny. Still every attempt to bring
TO light his past career has been met ny the most
earnest. strenuous and indefatigable opposition.
More than this, the accused clergyman, against whom
foul charge is brought through his counsel attempted
on the teehncaity to evade going to the jury
All through the investigation OF the Fold and the other
cb trities which the prisoner has been connected with
we find and thank God for A., that this had no
children OF his own. We have unearlhed sum, |
ceut TO show that obstacles have met. him in all
his charities further significant thai OF all the
persons engaged with him In organizing the Shepherds
Fold not one, except Mrs Cowley's brother remains
with him. Not ne of them called as witness TO
tell what she knew OF Mr. Cowley. We have evil
dence that he is a OF emotion because when his
counsel depicted his sufferngs, his tears flowed
copiousy but have evidence that he ever shed
fear over the suerngs OF the children under his