The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-07-14

COUH1-BEFOHD NJ.
MONDAY, July l0.-Stdfe Of OHIO o.. Peter Rroe-
go-fndictmeni for assault, ruth inte.s to conmt
T0pt, on the person Of Cdfha,ine Myyss-rhis case
came on for trial this morning, ana the court room
was literally packed with auditors and all the ave.
nues TO the court room blocked mp by the crowd.
ThedefendaDt is Catholic priest, perhaps ~ VI
little past the meridian OF life. Tue girl cn wnom
the alleged offence vas committed Is German girl,
fourteen years Of age, apparently Intelligent aud
spIightly, and Of o Geyelopement quite mature for
| Der years.
| Her evidence was given with = great deal OF
reluctance and apparent embarrassment and In
tone not audible al very few feet distant from h1r
She testified that Cd the day Of the COIN nttilg u
the offence, she went usual to the school Goa.
1 nected with the Catholic church ON Fifth street;
that about one O'Clock she went into the chu -ch
which Kroeger called her 'in6 small room mex
the church; after they had got In there. Father
Ritter came to the door, or into the room,
and asked If there were any other girls t. come
to conft ssion TO which the defendant replied no.
The defendant asked her il she hsd ever snned
with man, and she said no. This question
several times repeated BY the defendant, AMI she
! gave the same answer The defendant, taeu, when
standing, laid her his knee raised her clothes
/ to her waist and whipped her with stick, striking
her four times. She stated that he told her to sit
down, which she die after which he said he wanted
TO see her before, arc took hold Of her clothes aud
tried to pull them up. This she resisted. and he
! only got her clothes up TO her knees He asked
her again II she had sinned with man, and said
no-and he said he wanted tn ser. She said there
were two doors to the o,m one Of which ~as lock-
cd by the defendant soon after they came in. Said
the def ndant was no relation 10 her; sad sp,t
while these attempts going she c;ie, mt.
Father KIoeger told her to tell her mother cpme
and rec him, bat she told him her mother had MT
time.
! Ib cross examination she said that the defendant
seolded her there for not being ready 70 take
first Communion; that the window and the door
into the church were open; that the defer. ant
I IN rYti. mar n hes il. frnlt
and could not succeed pulled her up from her seat,
and Thppej her second time.
After she went home she told her mother, and a
young man, a boarder, (whom she called Julins)
that Father kIoeger had pulled up her clothes aud
whipped her. Her fathers brother, Julius and ncr-
sell went 70 the church so see the defendant. Her
father and brother said nothing; Julius asked him
why he had whipped Catharine he said hs did not
know anything about 1T; witness said to him he did;
mat he pulled up her clothes and whipped her like
everything.
The defendant then said it was another girl. 60
which witness replied that 1t was her. There was
nothing said at this interview about her not know.
ing her catechism being ready for her first COM
mubiol.
The witness was questioned about visiting Esq.
Rowecamp's for the purpose OF getting out war
rant and going to the POksbiat 10 get Mr.. Kr0eyer
published, but nothing of importance was ELECTED.
Her testimony was somewhat confused, aud given
with great reluctance.
Mr. Lambsight testified that he was at work in
the church, and heard scream from the room, t.
which he went a few minutes after, and found the
door locked. The priest came to the door, seemed
very much excited. his face was flushed, and he
shut the door in his face.
Juliana Schmethin testified that che was in the
rear Of the church, and heard the Cf child,
az il in the church; 1t was after o'clock.
Helena Myers, mother Of Catharine testified that
after Catharine came home che found her the bed
crying and apparently sick; after several repeated
and urgent questions the girl told her Father KrOe-
ger had whipped her. and told the circumstances;
Graf ali aaks ,d
tons OF the girl two or three days after the wnip-
ping she examined, aud found upon the body OF Ca
tharne the marks of four blows, which were black
and yellow.
julius Graffenhan, o boarder with the Myers ia
miy, testified that Catharine was crying AFTER she
came home; he asked her what was fpe matter, but
she refused to tell afterwards she replied to his
questions in the presence Of her mother, and told
what had occurred; he went with the father brother,
and Catharine to see the priest; asked him why he
whipped Catharine; Kroeger said h didn't know
any thing about it; said witness had right tn in
quire what was done at the confessional; did not
either admit or deny that he whipped the girl wit
never offered pre- SCENTS to the gr to induce her
to testify but Mr.. Bayless came and offered presents
to have the matter hushed up, which were refused
Henry Ritter, (for the delence,) a priest Of the
same congregation, Trinity Church, testified that
the day In question between two and three oOclock,
he came into the church. and as he approached inc
altar he saw the door Of the email room open, Mr..
Kroeger within, and the girl just going In, though
the girl did not stay more than five ak minutes;
heard screams; the door remained open; saw the
girl 60 away and she did not return; said that the
defendant President OF the Board Of Trustees of
the school, and had general charge OF it, said it was
not usual to whip children in such places.
Esquire Rowecamp testified that the girl her
mother, brother and julius came TO his Office for
warrant; he questioned the girl closely. but she
made no charge Of rape against Kroeger; could get
but little out Of her; could not learn that defendant
had attempted anything but to whip her.
w. II. Bayless, architect of the Trinity Church,
inst built testified that few days after the trial at
the police court he stepped into shop near the
church, where conversation arose about the case,
and out Of mere curiosity he went to see the girl
and her mother, who live near by; talked with them
1 some time, Julius being present.; witness said to
them it was a very curious affair." and If it was
| prosecution for money only and they were poor, it
would be better for them to take some money and
stop the prosecution; If they needed money he
would help get them something; julius said there
had been time when the affair might have been
hushed up, but that was now passed; witness had
not been asked OF solicited by any to make any
oyerturcs but went purely from curiosity, and out
Of his friendship for the defendant, OF whom no
had formed high opinion; he himself was Pro-
testant.
Mary Ann thinner ard Ann wcighler both testi
fed TO the following statements:-They met Catha-
rinc on one occasion, and said to her, 90, Catha-
rine you swear falsel" She said. " don't care II
did Another time one of them asked her who
told her what to cay, and she said Julius told her
what to say. At another time Mary asked her if
she knew what il was to swear, and Catharine said
that was easy onouga-she had just to hold up her
! hand.
Epiel Lieher was heret ofore engaged with Mot0r
in the Polksbaf; Catherine, her mother and others
came to Moter to get something published; said
something about the girl being whipped and her
clothes raised up; after hearing her story, Motor
said, "Now have got this priest III nail him
down and send him to the penitentiary; 1t was an
assault, with an attempt to commit rape
Henry Won Martels had known the defendant
well; was a man Of rather warm temper, but an
upright, honest man, OF unblcmished regulations;
heard part of the conversation with Mollitor, and
heard Mollitor repeatedly urge the girl TO tell tn
whole truth fully.
number Of witnesses were called who tcstiie
to The good character and reputation Of the dc
| PENDANT.
! Judge Spooner testified that the affidavit WAS orr
/ ginay for assault and battery, and I. A. Logan,
prosecutor of the police court testified that he al.
| tered the case to one for an attempt to commit