The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-02-10
Plaintiff Files No Counter Afidayv
Nor Opposition to 1t.
Defendants Afidavit Not Read in
Court, Counsel Acqul lscinsg.
The Whole Case Rests Upon the
Identity of the p] ,intiff.
A Comprehensive Synopsis OF the An
davit Gives Clear Understanding
Of the Present Status of the
Case, II Not an Indica-
tion OF the Result.
'pecial Dispatch to The Appeal.

Z JACKSON, Tena., Feb. o--The great
bel suit Of the Rev. Howard against Geo.
<jtN. Jarman ct al. was continued this
)mornng. on application OF The defendants,
n TO the May term OF the court. The plaint-
\ III did not file counter affidavit, as ex-
pected, nor offered any opposition 10 the
motion for continuance. The affidavit was
not read in court, Mr.. Pitts, one Of the
counsel for the plaintiff, stating that he
had examined il and that the grounds for
continuance were sufficient. lie also
stated that as il seemed the main charge
oil the defendants was rs to the identity
OF Howard, he desired that one OF the
counsel for defendants accompany him TO
London, and they would settle once for all
that question by examining the Witnesses
In person. Mr.. Bullock did not accept
the invitation.
Judge Woods said that he was sorry for
the crowd 10 bc disappointed, but he
wanted all preliminary motions settled 80
that at the next term the case could pro-
ceed without interruption. Some little
time was occupied in dsposing Of the
motions, and the disappointed crowd filed
= out oi the courtroom. Trouble was an.
ticirllcd, ahd would have likely resulted
E had the affidavit been read II is alto.
s. roihcr tx paric, anl the plaintiff will deny
+ <<all Of the charges conliiaed in it at the
.proper time. The plaintiffs attorneys are
scll satisfied with the advantage II having
breed the defendants 10 ask Tor n contin-
oancc. The whole issue hinges ON How
ps identity, and his counsel state that II
k bc shown that his real name is Hewlett
Ne ease viii bc abandoned, but they have
E ID fears on this point In the abstract OF
Nc affidavit which follows, it will be seen
Thai much stress Is laid on the identity OF
Z, one Taylor, the plaintiffs commissioner in
"a London, and that his exact whereabouts
can not bc asccriained, but Mcssrs. Pitts,
= 1lays and Meek state that they have had
81 no trouble in communicating with Taylor
4 having received several clblcgrams from
him, aud that lac did present the check
spoken OF In the affidavit 10 the bank and
was refused payment and returned the
check hero. The plaintiff sircnuously OPP
posed the publication OF the OK parte affi-
dayit, but, being public record, the clerk
OF the court did. not attempt TO withhold
Il from the press, and the substance Of il
Is herewith given;
THE AFFIDAVIT.
The defendants state that they cannot
20 TO trial for the following reasons They
asccrtained on December 4, 1887, in taking
the deposition Of J. w. Bell, that the
plaintiff stated TO him that his father lived
within stones throw Of the famous John
Gilpin house in London, and they inquired
nj once by cable II such was the fact and
asceriaincd that John Hewlett, r., lived
across the street from the Bells Inn
mentioned In the poem call 'John Gil
pins Ride" made by him 10 Edmonton,
the place where John Hewlett, ST., Is 10.
Gated by defendants in London. The
defendants expect IN prove by Benz. Fair
all and Arthur Robinson, witnesses in Ed.
monton, London, this fact. The affidavit
then sets forth that the defendants have
made mos, diligcnt search 10 establish the
identity OF the plaintiff. but have been
4 unable to do 40, and they claim there
~ hV bh'h H'ir'h H fi'htI-
ick Howard, but that his real
name Is Frederick A. Hewlett
In proof Of this the defendants
will offer In evidence abook entitled Eos
tcr's Bookkeeping Elucidatcd," which
they claim TO have been found by Mrs. @.
G. Brown, the woman with whom How.
ard eloped In South Carolina In 1873, In q
sea chest belonging TO Howard, and which
he left with her at the time bc abandoned
her. Tho inscription In this book isas fol.
lows John Hewlett 10 his son Frcde.
rick A. Hewlett" This they expect 10
offer "a evidence at the May term. The
defendants will also offer 10 show by wit
ness in Augusta, Ga., that when the
plaintiff visited tina, place In January last,
he told ]. H. McCartv, the present hus-
band Of the Mn. Brown referred 10, that
he would get him better position out
west II he would stand by him in this mat
Ter. As proof Of this they file the follow.
ing letter written by the plaintiff TO Nc.
Carly on January 10, 1888.
JACKSON, Tenn. Jan. 10 1885.
Dear sir-As you requested, write you,
hoping you are well. / do not know
whether the defendants will take Mrs. Nc
Carty's testimony soon or not. | hope
they win take Il shortly, for ] believe she
will tell the thing lust ~ u occurnid, and
., that cannot possibly help the defendants
As the thing now stands, Il looks rs II she
abandoned her Children In 1875, but the
truth Is shc mover had any intention OF dc.
sefting them. ! am truly glad that she
has reformed and have but little doubt OF
Il. am glad 10 have found friend in
You, and you may rely on my doing the
iieht thing. You need mover fear that
will tell anything that you have told me
In confidence, because you are my friend,
and | never bciruy friend. II would be