The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-07-13

time the "unwritten law" unsupported
By any other plea, was upheld by jury
In a murder trial to-day, when Mrs. Mary
E Bowie and her son. Henry Bowie. were
acquitted Of the murder OF Hubert Posey,
whom they shot when he refused to
marry Miss Priscilla Rowie. after he had
betrayed her under promise Of marriage.
Mrs. Bowie, who, at the beginning OF the
trial. stated that she only wanted twelve
Marylanders'' TO try her. being confident
Of acquittal at their hands. was justified
when the jury returned a verdict Of not
guilty after being out only five minutes.
Only one ballot was taken and the
verdict was unanimous.
The announcement was received by the
spectators with cheers. which were only
checked by clearing the courtroom Only
Hugh Posey, father OF the dead youth.
. and a few Of his friends who surrounded
him. refTained from joining in the en-
thusiastic demonstration OF approval
There are rumors in the town tonight
that there viii be further developments
in the case, as it is said some OF the
Posey family have threatened to avenge
Bert" Posey themselves. since the law
has failed to do So The boys father is
said 10 entertain an ugly feeling against
Gen L Allison Wilmer, the prosecuting
attorney, because he failed 70 Interro-
Sate the Jurors. before they were i'm
paneled. as to their predisposition toward
the case Posey openly charged to-day
that some OF the jurors before the trial
had declared the Bowies justified IN TAX
ing Bert Posey's life.
COngressman's Act Dramatic.
Congressman Mudd. in his argument for
the defense. when he reached his pero-
ration. dramatically held up Priscilla
: Bowie's baby. Of which It IS alleged
Bert Posey was the father. and said:
AS you are men Of Maryland and citi-
zens OF the United States, ask YOU. n
the name OF justice and humanity. 20
christen this poor little two-months-Old
child with the name OF its faithless father.
Gentlemen, I make this plea for the
innocent infant. born in shame. and the
betrayed mother; I ask you to christen
this baby Hubert Posey'-that it may
> have name and place IN the world
, AT this plea Miss Bowie wept so loudly
that her sobs created excitement in the
crowd outside the courtroom who could
! nut find room within.
I ask YOU" continued Mr. Mudd. ito
recognize this poor girl as the widow OF
the man who deserted her"
In opening his argument, Congressman
Mudd, with preliminary explanation,
said:
I'VE place the defense in this case
upon the 'unwritten law The widowed
protector Of defenseless family was
justified in committing this act
What I contend is the unwritten law
as found in the progressive development
Of the common law, as recognized in the
constitution OF Maryland, where II is re-
: cited that the inhabitants are entitled to
the common law OF England and the
statutes Of England to the extent that
they. by experience, have. been found ap-
plicable to their local and other eircum-
stances.
''NO Insanity Subterfuge."
I'VE have not resorted to what We
j consider little less than the subterfuge
E OF medical experts 10 prove insanity. We
i do not believe and do not claim that these
defendants are insane. II is said that
e we have resorted TO fiction for the de-
= fense: that from Moses to Maryland the
e laws have been written
S II judges can consistently resort to fc-
j ton in order the more appropriately to
/ determine the right Of a man to fan
a acre Of land. surely it need not be con-
n sidered as such a monstrous thing for
juries in this day, In this State, to re-
{ sert TO what may be termed fiction in or.
. der TO preserve the life and liberty OF the
= citizen and the chastity and virtue OF the
a home and freside.
My friend talks OF cooling time He
might es well talk OF cooling time in he'll
the minds of these poor defendants were
famed and exploded on January is, when
e they removed from the earth the man
e who blasted the sanctity of their home
Call it brainstorm if you want, but what
ever you style il, remember that il was
: protection of the purity Of the hearth
stone"
Mudd then took up a Bible and read
the thirty-fourth chapter of Genesis. tell
ing OF the seduction Of Dinah, daughter OF
, Jacob. by Sheckem. This was also done
! by counsel for the Strothers. Sheckem
was slain by the brothers of Dinah. Con-
: tinuing. he said:
Family Ties Primary Law.
''The family in this land Of ours IS the
nucleus and the nursery of the Common
( wealth. The protection of the sanctity OF
the family ties. the chastity Of women.
the development and maintenance of a
. salutary and exalted respect for the honor
. Of the mother, the sister, and the daugh-
> ter become. therefore, natural and es-
, sential feature of the law IN this land. In
nearly every State of this country there
will be found an exemplifcation and rec
: ognition of this fact and an adoption Of
this doctrine
1T is in this sense that I confidently
claim the protection Of what I have
!, tcaIled the 'unwritten law as an adequate
= defense for these defendants II IS a
principle Of what a high authority has
: classified as jurisdicial evolution
= 4 At the conclusion Of Mudds argument
l States Attorney Wilmer again took the
floor and argued against the unwrlttea
!. law
In effect. he scoffed az the unwritten
! law as being mythical.
> Pleads for Written Law.
'T want to refer you. gentlemen. to
: one article Of the Ten Commandments
Co~tsnuoa - u~. U.F-