New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-02-10
THE FIRST DAYS PROCEEDINGS.


Tho trial of the Rev. Mr.. COwley, yesterday,
on on. of the indictments found against him. eKc'ea
,,,.i Interest The General Sessions Court room Was
crowded To excess before Recorder Smyth took his seat
On the bench Tho Rev Henry c. Potter Tor some 'lho
occupied chair behind the prisoner During the uaY
number OF women visited the courtroom ana were gwen
soats within the railing which in front Of The clerks
d, *.
Arera number Of petty cages had been disposed .of
Assistant D.frict.Attorney Bell announced that no
Other case bu. that Of Edward C'wiey would oo tred
thar DAY. and he directed that Edward CONVEY DC
placed 80 The bar. Mr.. Co~lcy had arrived Ie" MN
es before from III" Tombs. with Caotain Lindsay ana
vhr his ease was called he walked frop the prisoners
box 10 the bar. lie stood for moment opposite the
Clerks desk while that person. holding the Indictment
IN the Louis Victor case ~ his hand. siId;
Edward Cow,cy. you are indicted
Cbarles brooke. when tho Clerk had read thus far.
Jumped up aud put stop TO the Clerks iurther teau-
ines by ealing out. Il" not guilty J!
E1Judge Fn lciton. Charles Brooke ana H. ~ GIuert
appearcA ~ counsel The prisoncr DStrictAiorne'
Pbcln, and bis a-,,iaut Joseph Bel, represented thc
pcopIc II occupied one hour and q half to secure "
iurv The Jurors were first examined n To tho opinions
tby bad formed from reading Don't the cnse and any
WIN stated that they had feeling, one way or mo
other we're reused. TWeutytlree jurors were caied
before The requisite number was obtained
Di.trct-Attofney Phelps opened the case. He SAID:
rbaps # ia hardly necessary 10 suggest 10 you mat
this case although u Involves merely misdemchn"r -
IN some respects Unusual interest ana impo 'tancc l'
Is tae result OF he attention which the pubhc NINA mas
given to it, TO the criticism OF the pdOc press, 10 Tue
position OF tue defendant an, & the Tact that IL IN
wolves the question of administration OF public
charity That 10 brings IN tho question OF the treatment
of A number Of helpless aud unprotected children, whom
the charity was Instituted TO care or circumstance
which attracts pubhc attention to the case Yet an
bappy 10 saw 20 be observation-disclosures without pre-
udice OF bias You must be influenced by no crilclSh'
but try the case on the evidence alone. Precisely In
that spirit trust to be able 10 present the case to you
If zoe prisoner Is guilty before the law he ought TO DC
convicted and believe he Will he. IL ne II not guilty.
then whatever has been made against MIN VIII
not II nd and this Court audyou gentlemen VIII inter
pose between him ana harm"
Mr. Pbelps then related the story OF the
taking OF the boy Louis Victor. or victor
Knkusky as he IS otherwise called from
the Shepherds Fold 10 ST. Luke's Hospital by mr''
CoWley and Of the spectacle ne then presented he III
tmated briefly nature OF the evidence which WOMB
be submitted In concuson. he sad; Something mas
beu ad about the part the society for the Prevention
OF Cruelty 10 Children has taken IN Ls proceeding Tue
attention OF the Society called 20 tho case by the
authorities OF St Iukcs Hospital. That led TO the re-
movii OF children from the institution by the direo
lion OF the Court and subsequently 10 the indictment OF
the prisoner This court not to try any society, de-
nomination or class Of people. II Is not De-
10 be tried. The fact that lac Is clergyman docs
NOT alter tne case one o guilty, clergyman
or no clergyman he should be acquitted II he Is guilty.
Clergy mau or clergyman, ho should b. convicted IT,
after hearins evidence yod acqu the prisoner
all will rejoice at the result
Inr,ply 70 Judge Fullerton Mr. Phelps sad thar he
did not mean 10 rely ON In The indictment IN
tins case charging assault Jonn Fish, connection OF
Louis victors father by marriage then testified that
the bow remained no Tor about six weeks after
December "a 1877. ana maj rom nero he went 20 tnS
The child at mat time was ~ perfect state o health
bS Atiorneystato whether the Photograph
produced correct picture OF LOUIS victor AZ th't
Judge Fuilertos-I object. The photograph may not
he correct think ~ al wrong th't IN the admlhisth
ton OF justice such course shOuId DC showed huo"
Mr Psrits|i never knew to know so much as
Judge Fulerton-Theu you will learn something from
me. That photograph cannot re h'louue'u '"o
Recorder smytn allow ID the question, whlcn was an
swored Ia the affirmative MI Phelps then oneI,d tio
picture produced for the purpose oi creating SEN
sation Another one would subsequently toe pun h' anI
tine iury would be ssked 10 look this picture aud
linen on that" There question OF identity Ia ne
case as that was admitted: therefore the pcinies
Recorder Smyth-IOu have proved thht tho boy was
In rxoclent aud robust health.
Judge FulerOn--It has yet % To shown mat tho DOf
was not affected with constitutional weakness,
Mr. Pnelps-We Offer this rs additional evidence. M
The Court decided to admit the photograph The
Wires was not cross examined
Annie Massey, Whose sister married Louis Vlctor's
father aud was the onilds stcpmother. was next
called She knew the boy Two years ago lie was then
m" dav before st christmas shephcrds Fold Dat
wa permitted {" see HIM She subsequently, 80"
MN How did me Iooki" asked tho DstricAttorncy.
MI Brookewe object to the reception OF any tosti-
protection OF the pri'oncr Recorder 5myth allowed
t bsord The point ne said was vital one In
the case. lie commended that they were not
there meet tho general testimony OF dragneI'
The Recorder allowed the question.
The witness continued :" should not have reoog-
ID him II IL had no. for his lie like
skeleton there was nothing Of MIN but skIn and
He lying on pillow ana was quite unconscious
The PHOTOGRAPH produced perfect picture OF him 81
On DETERMINATION the witness stated that the
boys father before he came 20 this country was col
| ecOr in an Insurance office IN London Sho had not
sscn him year and nalf, but she believed he
| on the Pacific coast Fielrtlck Bernard, assistant
superintendent OF 81 LIKES Hospital, testified 10
CoWIry hrnUng the child to the hospital DR. John B.
RIdow house physician OF the hospital described The
condition LOUIS Victor when he under his
he said the child was very emacated about the
head and arms his BODY simply SKIN ana bones
about his h there great deal OF edema, which
IA one OF the symptoms OF great emaclation He was
very pale On his left foot ulcer ABOUT the size
of SILVER quarter II dry ana was dark reddish
brown color There was small bed acre over his left
hp-bone. and there werr two or thrco along his spinal
After he had been taken to tho ward he cried
continually for food. especially meat. His color was
darK pale aud blOOdess. The witness saw eign OF
constitutional weakness about the child. HIS condition
simply and wholly due 10 improper food, and u
the lack good food In other words his condition
due starvation. The pictures produced ana not show
the cancellation be great asst really existed Al
the time the pictures were taken the child had begun 10
| improve. - 49,,
10 Mr. BroOke-The condition Of tho child not the
result of one day deprivation Of food.
Bessie Lawrence. young girl about fifteen old
who aid most OF about the Shepherds Fold.
was the next witness. Her testimony similar 10
that given by her in the proceeding before judge DOnO
bue She Will he cross-examlned this morning by the
defence.
Before the Court adjourned for the day the District
| AItoruey handed up number Of authorities the
question OF Isis right TO have the photographs admitted
| ia evidence. The Recorder said he would give his
| decision to-day.
The prisoner was rcmanded to the lOmbs