American Republican and Baltimore daily clipper. [volume] (Baltimore, Md.) 1844-1846, 1845-11-14
Reported for the American Republican,
ANOTHER RAFE CASE.
BALTIMORE COUNTY COURT.
Prcsent--Jt3se7 PUrr'ancc and LssranG.

b.
of New Market, Baltimore county, in Apnl|
last, was arraignod. The following named
gentlemen were sworn as Jurors: Cornelius
II. Owings, Francis a. Catch, VIM. s. Buck,
Levi A. Sade, John w. Triplat, Thos Grad
dock, WIN. Thomas, Francis FcelmyGr, WIN.
f. CoaIc, Nimrod Cromwell, Edward c. Tai
bot, John S. Ensor.
For the prosecution, Mr.. Tagart; Mcssr5.
Malcolm, King and kibourn, for the de-
fence
The case was opened by MIR. Tacart, in
rccapitulGton Of what the State expected TO
prove.
At the suggestion Of Mr. Malcolm, the Wit
nosscs in tho case were removed to an adon-
ing room
Nary INN Eo}c, suorn. Tho prisoner at
the bar had resided at the house Of her husband
for some time previous 10 the alleged Outrage.
He slept up stairs; lie was in 'ho employ Of her
husband. On the morning of the 2Sth April.
while she was lying IN bed alone, her husband
having been called out on business, she was
awakened by the prisoner, (Sntton,) who had
got in bed with her; he turned her over. she
asked, "who is there's" when he replied, 'it is
me, Mary Ann, am not going to hurt you"
She scratched him in the face, and hallocd.
He said she would wake he girl, and funr
the cover and portion OF the bed over her head.
He thea accomplished his purpose. After uG-
covering her head, he said, you must not tell
and will give you pretty present. Told
him she would tell; ho then said if she would
not ha would rive her IS. She replied, 81 will
not give up; am bound to tell" He thea
said he would give her $40 not TO do so. She
declined. tic left the room; and she went to
Mrs. Rutlcdgc's, in a loose wrapper; it was be-
tween 8 and o'cloch. Knew the hour from
the fact OF her husband having tola her when he
left. 1t was not daylight whom she went to
Mrs Kutledge's: rorped at her door, and found
she was not up; called her name. She came
down; went III, told her | had been driven out
Of bed; told only part Of the affair; stated to her
that he had got in my bed. D1n't recollect
telling her any farther. When she halloed,
Sutton sail she would wake Joanna, girl
who slept up stairs Continued to halo til
covering was put over her head. Witness
would he twenty years of age, the eth Of next
December; and mad been married q year and
half
Cross-eXaminod by Mr.. Malcolm. Resides
in New Market; moved there the first day of
April last. Prisoner was keeping horse at
her husbands; and boarded with him. He
slept up stars; he had no occasion TO pass
through her room in coming down stairs. Pri-
sOner kept his clothing ia her room. lie had
frequently come INTO the room while she and
her husband were in it. Could not say he had
ever been there while they were IN bed. Don't
know that he got clothes out that morning
Ills clothes were Kept in a bureau Had gwen
him drawer in it, when he first came, to put
his clothing III, and told him he could 20 and
get them whenever lie wanted to use them.
She was here shown plat Of the house 49,
There are two rooms aud a kitchen on the first
g,,,. ,,,l ct.
where prisoner slept. TO get out OF the front
door, he would have had to 20 to the tlsthost
part of the house from her room; to come down
stairs, he would pass into the kitchen. Mrs.
krout is the nearest neighboT, who lives but
short distance Did not 60 to her first after
the offence. ii was dark when witnesses hus-
band left her room; he had candle, and looked
at tho clock. Went to sleep soon after he iet,
Not long afterwards, SIttOn, the prisoner, cane
INTO her room. Could not say positively Us &
the length OF time, she had been asleep. 1t
was not day when wtness's husband left, and
it was SO dark when Sutton came, that she
could not see him even after being awakened.
Knew him by his voice. He turned her over.
she asked "who is there" and he said, ''it is
me, Mary Ann; | am not going to hurt you"
He spoke in his usual tone of voice. Was as
tonjshed to see him; he exhibited no symptoms
Of alarm. Had Knowledge OF tho fact Of Sut-
ton having been sent for, some days previous,
from the hotel; Ezekiel Matthews came for him,
and stood at The back door. Mrs. Krout was
IN the house; and we were sitting by the fire,
talking, in the kitchen Matthews said "where
is WIN. Sutton?n told him did not know.
This was Sunday morning, about week or
two before the outrage, Told Matthews
would 20 up Stairs and see if Sutton was there.
Found him in his own room. Did not go all
the way up stairs; said "Blll, get up, Matthews
wants you" S1tton came down soon after
wards Matthews was standing at the door.
Mrs. krout was in the kitchen. Matthews
came IN when Sutton came down. Did say,
when she went up stairs, BILL if you don't
get up will jump in bed with you" Went
down; and took a scat in the kitchen.
BY Mr. Tagart, (in chieC) Did cay, "Bill
get up, if you don't will jump in bed !" did
not say would get in his bed.
BY Mr.. MALCOLM Did not say would get
in Suttons bed; did not intend the remark for
any thing; there was another bed In the room,
in which little girl slept.
BY Juror The sitting room is where
sleep,
! By Mr. Malcolm. Sutton went out imme-
diately upon coming down stairs; did not say
any thing in reference to him to Mrs. Krout.
BY Juror. Sutton was in the habit of sit
ting in the room where her bed was; il was the
sitting room.
By Mr. Malcolm. Don't know the boy Mat
thews; and never had any improper intercourse
with him. Had not said to Sutton on a
certain occasion, | am glad you have come
back, &c. Never was in tho barn alone with
Matthews. Never spoke to Sutton of certain
improrfieties with Others Had not spoken to
VIM Nelson about Matthews.
MIR. Tagart objected to asking the witness
questions, with view to prove her unchaste
conduct, as to special instances He had al
lowed The counsel great latitude, fully conscious
OF her purity OF life.