Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-02-02


POLICE MArrERs.- Before Justices johnson
ana G'dsrson.-Serions Charge.-Yesterdayw VIM
b. r. Bogus, young man Of 10 or 20 years ap-
Parently. was brought before Justice Giberson,
charged with assault with intent to commit =
rape on Clara Idpscomb, rather good-looking
young woman OF 10 or IL years, who resided at
ane ho,ise Of Bogus's father, in the Seventh w ard
me time of the attempt was fixed In December
by the warrant. Mr.. John l.. Smith appeared as
counsel for the defence
The prosecuting witness stated that on the day
charged in the warrant, she was in the house
alone her mother, (whO keeps house for Bogus
senior) was gone out The accused came into
her room and took hold Of her. and insulted her
pull up her clothes, and exposed her person. He
took hold of her hands but did not strike her;
she resisted him and halloed, and he desisted
She did not complain Of any injury. but only of
crcss-examined by Mr.. Smith, but only amounted
to a re!teration Of her evidence in chief
Her mother was sworn. and stated that she came
In before the accused left the room. She was not
further examined, the counsel for defence object
Ing to other than testimony in the case in Ques-
ton.
Mr. Smith commended that the statute does not
apply to the attempt to commit rape, but to the
TACT ITSELF and that as far this Is concerned
1t is total failure. Where there is an attempt to
commit a rape, and the purpose fail, the case re-
solves Itself into one of simple assault and battery
But there Is no such ouplant for assault, the
witness plainly showing that no blows were in
hlcted or bruises. Even admitting such charge
the case would be failure The law provides
Tor such mlSdemeanOrS as the evidence shows
He granted that his client behaved very imprOp-
eriy, but lie should have been charged with an
other offence. An attempt to rob or commit a
burglary is indictable, but assault with intent
TO commit a rape cannot be proven for, though
the assault he shown. the intent is locked in the
heart of the offender, and cannot be shown by any
oVeft act when the purpose fails. He was satis-
ned that after calling to the mind of the Justice
The TACT that the witness said the accused held
Doth her hands and attempted to pull up her
clothes, that he would not commit him for rape;
Tor 1t cannot be imagined how he could have been
engaged in holding both her hands and yet sue
ceed In pulling mp her clothes. and to
SAINT. There was no evidence Of it.
JUSTICE Giherson recalled Clara LirscOmb, and
let go her hands
Justice Giberson said that he must disagree en-
Ireiy with the doctrine of the counsel for the
decisions Of the Criminal Court were adverse to IT.
ana ne Wen remembered case tried i'm the Crimi
MAJ Court IN which man was convicted and sent
10 The Penitentiary for assault with intent to
commit rape AS for the argument relative to
the assault it was for him TO Judge of the facts in
the evidence. and holding the doctrine that an at
tempt to commit a rape must be accompanied bv
assault and battery, he differed so far with tue
counsel on That point. AS to the eviGence-if the
seizure of the hands, the pulling up the clothes
and his offensive proposals do not show assault
and battery, lie did not know what would: and
accompanied by the indecent exposure it was of
mlidest construction upon this case he should hold
the prisoner to bail in $500 to appear at court Oh
charge Of assault and battery, and let the grand
jury decide upon it.
Tie bail was given by the Thomas |, Bocns
the prisoners father
Officer leatman arrested Francis -, colored
for assaulting and tearing the clothes of Anna
OConnor, pretty little Irish girl of sixteen years.
VINO was employed in the house Of Mrs. Ruff
with the accused. Justice johnson held the &C
cused to security for peace. Following this case
Anna - Connor was charged with the larceny Of
a Grape shawl, &c, from Mrs. Ann NJ Ruff:
There being not the slightest shade of evidence
in the Justices view Of the case she was honor
ably dismissed. VIM. Cudlipp, or VIM. C. Gin.
ton, as the name was given at the office. was ac-
cused by Anna O'CGnnOr with STR king her with
his fist and he held to security for peace
The last three were before Justice Johnson
SMITHSONIAN LKCTuREs.-Dr Gould delivered
at the Smithsonian last evening the second of hi.
course of lectures OH the subject of - Chance Ac
cldent Probability The tenor Of the lecture
was to show that tine general laws of chance are
about as definite and reliable as those of mathe-
NAUTICAL certainty, allowing a slight margin for
accidental fluctuations &c For instance a true
coin tossed into the air number Of times is not
only az pit to come down 4" headn as - tail - and
r,ce rerso, but IS absolutely certain to come down
about the same number of times on each side and
the longer the tossing is continued the less the
difference In the number of heads and tails be-
comes In proportion to the whole number OF times
Der of heads and tails in one hundred tossinys
all things being equal, will not be far from even:
in two hundred tossngs still less in proportion 70
the whole number Of tosSings: in three hundred
t"ssings still less, and so This is an imm-
utable and reliable law. which. in the experience
Of the world, has never been known to fail in ,
single instance, TALL operating causes and cir
cumstances being taken into consideration and
computation) and forms the basis upon which
the lottery and insurance systems of the world
are founded The managers of these systems
have found by trial and experience the general
law regulating their respective chances. and
have allowed thensel yes q sufficient margin for
safe and profitable operations, and their opera
tons. founded as they are upon the natural and
reliable law of chance. are indeed safe as any
human operation can be. While the insurance
companies have generally prescribed a margin
fair and beneficial for all parties. the lottery man
ayers either from cupidty. or necessity dependent
upon the peculiar nature of their hazards and the
fuctuating nature of their patronage. have gen
orally adopted scheme vastly increasing the
chanches in their own favor and decreasing those
i'll favor Of their patrons. The most fair lottery
system that he knew Of was that of the French,
and even i'm that the ticket buyer was far from
getting the worth of his money. taking into con-
sideration tue difference between the ratio of his
fee to the amount of the prizes and the ratio of
his chances OF winning 10 his chances CT losing
NORMA Although the Cooper troupe played
last night under all tbs disadvantages # I small
and scarcely paving house and in a too-chilly at
mos sphere, without and within. vet the rendition
of Rtliinis great opera was (com pairing the per
Torrance Of last night with that of previous
nights this Week) an improvement. and brought
out the musical and dramatic talent OF the com
pany in full volume and excellence. Miss Miner
won plentiful applause, which was nobly and
honestly earned by the artistic rendition Of the
part of Norma throughout. Miss Payne won the
goodwill Of the audience by her able performance
of the part of Adalgisa, and sang with thrilling
effect the exquisite prayer 90 protect me gseat
power stamping herself as Il vocalist of intell
gence and actress of coed quality. Mr..
Aynsley Cook is finished performer, and posses
SEES vocal resources of unquestionable excellence,
as was demonstrated on all occasions when he
came before the audience last night as Oroveso,
father to Norma.
Tonight the bill is unusually attractive, and
deserves Il general attendance on the part of the
public. The Daug liter of the Regiment, with
Miss Miner as Marie in which she will intro
aucs the great song So hear the gentle lark.
and MIR. Cook as Sergeant Smlpizio. The whole
to conclude with the pleasant operrtta of The
Waterman; In which Mr.. Bowler will take the
role Of Tom Tug, and the fair Annie Kemp that
of s'Wilhelmina."
WATCH RETURNS john Rhodes was found
lying drunk in the street las. night, and but for
his removal to the guard house II is probable he
would have persisted. The cost of the service
rendered him by the Corporation was sscd at
81 Is. which he maid I'm the shape of aud