The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-11-18
The New Jersey Rape Case.

CONVICTION OF THE PuRsERS CLERK OF THE UNITED
STATES FRIGATE NIAGARA FOR RAPE UPON A
YOUNG LADY OF NEW YORK.
In the OF Francis Sexton on trial at Newark for
the alleged rape upon the person of Miss Wood of New
York. A. w. Schenok Esq, Monday, summed up for the
defence lie alluded to the importance OF the TO his
client involving his liberty, honor and the Of
the just administration of law in New Jersey, but said
while should do justice, should also guard against
parties from other States using II to crafty their petty
sp,es He then alluded to the appearance OF the com
painan and that she calculated to excite sympathy
and asked the jury not TO be influenced by sympathy but
only by the evidence The State must prove physical
force and want OF consent He then reviewed the esmo
to show wherein the State had failed alleging that there
proef of want Of consent, OF physical force
except by her statement alone The surrounding
circumstances do not indicate this, but rather the
contrary; and the alleged violence was committed
in a public place, where outcry could be heard
He then reviewed the testimony showing wherein
she contradcted by other witnesses. and contend
ing that her actions such to indicate that II
at most only aggravated OF seduction. The
sci pleaded that the prisoner entitled TO every legal
doubt and argued that the complainant previously
theatre going character and not such innocent
girl as the State assumed He closed his speech with
earnest appeal TO the jury abide solely by the
dence and not to be Influenced by any sympathy and
give the defendan, the benefit Of any doubt.
Cortlandi Parker, Esq then proceeded TO sum up on
the part Of the State He proceeded TO show the mpor
lance Of the case not only TO the prisoner but also the
public stating that II the jury found by the evidence that
the offence had been committed, II duty they
owed themselves their wives thesr daughters and
society 10 convict the defendant He then portrayed the
course Of the prisoner in seducirE the complainant from
home Ikea serpent fixing his baslsk eyes upon poor
Bird the bird utiers and flies and the
pent until at last II within reach Of It's angs and Is
sacrificed He then proceeded to examine the evidence
showing wherein the complainant corrobo-
rated, and wherein and by whom contradc,ed. He
paid handsome tribute 10 the In which
the complainant had stooa her examnaton. He said
that he did contend that she had prudenty
lie did contend that she left home with this came
to this city without an idea OF wrong-relyng implicitly
on the prisoner being naval officer, from class
q men whom she respected and oved-from which class
she had received proposal Of marriage. lie showed
how, having entrapped her here, his honor a naval
officer pledged aud violated by the prisoner. He
eoncnded that subsequent consent 10 the ravsher
not for him; but that in this only agra
waited the wrong. showing how he played her feel
ings still striving to induce her young and coniidng heart
10 lean him that he could further heat his passion
Mr. Parker closed by earnest appeal TO the jury
slider well the evidence in connection with her condng
character and stated that he could think how they
could fail 20 convict
The Judge charged the jury briefly. He stated the law
IN this and reviewed the evidence lie told the Jury
to weigh well the evidence the importance u the
demands q fair and impartial hearing for both sides
The jury retired Mt O'Clock r. NJ and returned
about nine T.. NJ with verdict Of "Gulty.n
ON the rendition OF the verdict the prisoner was very
much Affected and his wife, who also la court ap-
pcared TO be completely overcome.