The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-06-19
M JOHN GILPIN.
Cowper's Poem Brought Into Court.
It Is offered as Evidence in the
# Howard Libel Case.
III. Bullock, the Attorney, Delights
the People Present
\ the Introduction of This Humor-
Gus and Novel Testimony.
Eo Important DISPOSITIONS Read, the
Most Sensational OF Which Was,
One From South Carolina-The
People Divided in Opinion.
ccIal pIspatch to Tho Appeal.


JACKSON, Tenn, June lS.-This was the
1fth day OF the hearing of the Howard
IIbel case. which has caused SO much in
lerest in this district and whchis causing
e the town to besplit up in two sections, one
,isving that the plaintiff is Howard, the
educated divine, the other coniending that
he is the dissolute Hewlett who was born
in poor section Of London, England, and
grew into libertine and rake. The court
house was crowded all day and there are
witnesses and spectators present from
several Southern States. So far the pro-
ceedings have lacked the expected sensa-
tional features, as they have been largely
confined to the reading Of dispositions
taken in London. The point now under
Il question is strictly on the identity OF
Howard with Hewlett. The plaintiff ad-
mits that he met Hewlett and for reasons
Of his own assumed the name OF Hewlett
but after he wGs converted and joined the
church he always called himself by his
own name. The defendants are trying TO
justify their statements by proving that
Howard really is Hewlett, and that he
also at one time went under the name OF
Hewlett For this purpose they had a
great number Of dispositions taken in
England, and these are being read to the
jury. The testimony so far has been very
favorable to the defendants case, but the
plaintiff has succeeded in getting some OF
II ruled out on technicalities. 1t is ex-
/ pected that the defendants will close their
case this week, after which the plaintiff
will tender his evidence, which is very
voluminous. including dispositions taken
in London and Calcutta to prove that
Howard and Hewlett are, or rather were,
different persons, and that Howlettis dead.
The case may be terminated in two
weeks but is not unlikely TO result
in hung jury. 1t was impossible
10 get any one In town who had not
formed an opinion, and the jurymen are
mostly farmers from the country. While
they are reluctantly hearing the evidence
their crops are spelling, and they are
getting very inpatient When court
opened this morning the cross-examina-
ton OF the witness Baines before the Com
missioner was read. The witness was
asked as to the responsibility Of twenty or
thirty Of his neighbors, and replied they
were all right
This question was objected to in court
on the ground Of It's having no bearing on
the case.
DIR. Howard said he proposed to call
every man named rs n witness TO refute
the evidence given by Baines and others.
The Court held that the question was
at least premature, and il was withdrawn.
On denomination Baincs repeated the
statement that he recognized Howard as
Hewlett, or at least thought both were the
same.
Mr.. Bullock, one Of the defendants at
y torneys, produced an elegantly bound vol
ume ol Cowpcr's poems and commenced
10 read
"John Giipin was n citizen Of credit and rcnown.
Atnln'band captain cen WIS he Of famous Lon
don town"
The Court asked whether counsel pro-
posed TO submit the celebrated poem as
evidence.
Mr.. Bullock replied that he did.
Plaintiff said he did not object TO enliv-
eningt proceedings by little poetry, but
failed TO see why this particular poem was
intended.
The Court said tho proceedings we're
certainly monotonous and n little poetry
would be welcomed. lie would however.
like 10 know how the poem could be made
evidence.
Mr.. Bullock argued that tho poem was
hood evidence. II WIS In evidence that
plaintiff Howard had said his father lived
close TO John Gilpin's Inn ut Edmonton.
Now Il was in evidence that llowletts
father lived within lity yards Of the Bell
Inn, Edmonton, by which John Gilpin's
borrowed horse took him at such break
neck speed, and II was necessary for the
Jury to hear the poem 10 grasp the facts.
The plaintiff objected, that John Gilpin
was n myth and that tho whole story was
VIGOROUSLY the product Of Cowper's Inn
nginaton.
10 the immense satisfaction Of the jury
the Court oyerruled the objection and the
adventures OF Gilpin were read. The au-
dience laughed and applauded; mule
hitchf 20 the courthouse yard ratings
bray as II 10 express his sympathy
VII .ho ass which started Gilpn's horse,
akd the whole incident was intensely
funny.
The deposition Of a London baloon-
keeper named Webb was next read. II
identified the plaintiff. Howard, as Fred
Hewlett. Witness had known llowletts
father for thirty years, and the plaintiff,
who now called himself Howard, was Just
like him.
A photograph Of page in the log book
OF the ship Guinoyorc. ON which Fred
Hewlett served. was put In aud three
hours were occupied In arguing is admis-
sibility. Finally the Court admitted tho
photograph, which had on Il receipt for
pay signed by Hewlett.
Oral evidence was then called 10 prove
that the writing was that Of the plaintiff
Howard. The Clerk Of the Circuit Court
at Jackson sworo that Il was, but In cross.
examination also identified as Dr. How
ards signature rough imitation Of IL by
one Of the plaintiff 3 attorneys
A local printer was also called, and he
gave qualified Identification Of the sail.
or's signature with that Of the Doctor Of
Divinity.
Mr. Bullock for tho defendants. during
the afternoon rendered evidence 10 show
that that the plaintiff had forged and fab.
. fioalcd testimony, arguing that this would
\ Prove, under a common rule Of law, strong
idencc against him. Mr. Bullock con-
~ tc. Jed that he had in his possession three