The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-03-04

nrs soos there large Gre place in the little room
there were other people living on the floor above whom
she had seem they kept public boarding hsuse she
haoed when Tomassn hrst came to her. but hs stopped
her.
The deposition made before the magistrate was then
reed, In which IL was stated that the prisoner had
fsts, and using menaces, had committed rape.
Gross examination continued 1T WAS in the bed in
To the Court Prisoner had not said be would kill
her before she went to bed.
Gross examination continued - He did not knock her
down. but kept her down when she wanted to get mp;
once che got out Of he'd End thought she could es,Aps
CO he was aslsep this after the fest time he had
troubled hern thought they fell asleep about the Same
Time (Laushter) He said nothing about marrying
her. she got up first il the morning. about six O'clock
he got up about half hour afterwards she made the
sway there breakfast made; she did not speak
70 him st ALL 1t wss not daylight; she spoke to
n se house, when she got out Of bed she told him she
would make complaint; she told him, when she was
going away he should open the door she wanted TO
get her clothes that after she had said she would
make complaint che did not understand Italian at all
not world of t; she thought 1t ives not Engliah he
spoke and 80 IL must be Italian thought he was an
American; she could not speak English then; she did
not speak to any other human being 10 that
house and Gid not see Bsnelli who pointed
cut to her in court; ese ept in the cellar; she
cots and OPEN they not open 10 the
morning. ard she saw there; the bed she slept
on was cots ,inge one-so the the prisoner
slept oD never had had any conneEion with any other
man before that night
To the Cour.-she first told Mr.. Graft where she had
boarded the next mornings she went there straight
fran the cellar; she went with the officer and pointed
him out
To a Juror-A woman had conc to her, and said she
shoud get Married to the prisoner and she said he wa
too ugly for herr offer had been made of money,
nor had she offered to settle the affair." authorized
any one 10 do so.
Frederick p. Graf . young man, and keeper Of the
emgrsnt boarding house in 0reenwich street, stated
srriva about week afterwards he heard Of her going
70 live with tho Italian; on Monday morning. she re-
turned about hapsst seven o'clock and first told his
wife wbst bad cured and then told him: Of his
men went with her to find an officer.
Jacob Klioertr officer Of the First ward made the
arrest he found the house by card the prisoner had
left At MIR Giraffe and the prosecutrx pointed OUT tho
man 70 him. The persecution here rested.
Connfel, In opening the case for the Defence OBJ
served that IN all these the charge easily made
and very difficult drprove The oath Of the woman
was sufficient, and sli he had to rely was the good
story and the character The prosecutrx was un
known hsvrg only been Ia the couHtry few days. and
they could not prove the Defendants char There
was but one winners he would call before them ~ to
porton Of the evidence to which the girls had
rurposeiy been specially called
Michele Bsnsll (for the defence) called and sworn
Had seen the prosecusrK in the house of the prisoner
In the barement In Roosevelt street. about month and
hall ago, on Sunday night The prisoner kept re-
feo,ory snd sold wpe--tdiagram shown; the partition
was very old and had CRACKS in it, in places you
could through and be believed put hand through;
a.ksd prisoner II he had bed for him. he slept In the
large room on cot; they all went to bed much about
the same time he head no noise that attracted his at
tptep during the night he got up about half past
or eight but he bad no watch he the prosecutrix
cleaning and preparing the bar when he got up; he Left
about bali port eeven before she did; he nothing
unusual about be' nothing passed between him the
winners hssbsch (oompainAI after the prisoner went
to bed.
To juror 1t was by accident he slep, there as e
wa too late for him TO go bome he sober as they
had only one bottle Of vine between three he was
caller, and sept very lightly; had been captain Of
vessel and left home Us a political exile In 1919
Cros exsmiDed-Hesrd OF this prisoners arrest at
ssled him whether he had committed rape which the
latter denied bad not been 20 sailor since the
revolution Of 1889 went to England then to Greece,
and had been here about i've months; supported him
tef with money from bis friends received through Mr.
ssyi he old not know where the prison rst but
went there Of his owp will afterwards on the night in
question, he asked the prisoner the giel came
from and he told him he had taken servant and
che had only been here few daye; he had not been
there before oten did not know whether any othe- girl
Was there before; the prisoner kept kind Of lodging
houfe; he thought there ak oher cots In
the roo ana he prisoner prepared his (wtnesee) With
msttrass only did not know Tomassni before he
here.
The case was ably summed up both sidss the ooun.
eel fer the prsoper dselIg particularly upon the differ
snce between the story told before the mass
uate In medisely after the and the circum
me q gong 70 s.sp 10 the LITTLE room with
sont, nded the whole story was Action and impos
TtsDitrict Attorney replied, AID aniua ivertea on
tion or evidence.
sucee os.ne enhfgsu ue Jury very empnaticsliy and
fairly CT ell the points In the aud the nature OF
there charges generally. lie regretted the unfortu.
nate abence Of sLy medical testmooy but At the
time that was Lot sufficient TO justify sequittsl IL
they thought the evidence cu,sde tn sufcien.
The jury after absence Of nearly tive hours return
cd into court, and raid they could not agree.
The Judge ssid in these criminal cares II was very de-
tifsble they should agree; and they could possibly
bring their mncs to unsnimou conclusion they should
retire again
The foreman fsid they stood TO Eve and there
wss no lksh ood of their coming to verlct whereupon
they were discharged and the court adjourned.
Abe prnoper VAS rsmsnded TO abide the determination
OF the Ds'rict Attorney 10 the he will pur
sue, as competent for him, " he thinks proper 10
have . ffesb jury summoned fer another trial