The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-01-24
THE NEW JERSEY RAPE CASE,
Interesting Suit for $1,000 Damag
HUDSON COUNTY CIRCUIT COURT.
Before Judge Ogden.

Interesting Suit for $1,000 Damages.
HUDSON COUNTY CIRCUIT COURT.
Before Judge Ogden
HUpsoS Cry, Jan. q, 1850.
This court, after tho transaction Of some important
business took up the Of Harriet f. Andrews agans.
Samuel Holyer. This action that nle1 In this
court on the tth Of October, 1859.
motion made by the defendants counsel to have
the case laid over TO another term, mporan, Wit
ness on their aide was lying city with Inflammation
of the lungs. The counsel the opposite side objected
the ground that the ddcndants counsel ought to have
notified the Court before the was taken up that such
was the case.
The Cour, sustained the plaintiffs counses motion and
the case was accordingly proceeded with.
PLAINTIFFS attorney then delivered the opening address to
the jury as follows
GENrIKRN TIE JuRY-This plaintiff, who Is sitting
beside me, brings this suit through her next friend she
being under age for damages which she alleges she sus
tanned to her feelings TO her reputation TO her position in
society, and 70 her happiness through lie, by wrong
done by the defendant It seems gentlemen of the jury
II this girl whose mothers dead} brought from
Massachusetts, by married sister, who resides presen,
in the city OF New York This girl was brought to New
York about year ego last July, by her sister lwho Is
tho family together As she brought TO New
York Harriet school, she continued there
During tina, year her (Harricts) formed tue &C.
quainance Of Mrs Hoyer, the wife Of the defendant
QefenQ0nt
dren They represented themselves a. being pleasant
ly and comfortably situated in Jersey City, aad
were very DESTROYS Of having Harriet come and live
with the friend and companion, and assist
ant with Mrs Hollyer in the daily performance Of her
eutes, and have her make this place her home
Harriet nom school and send her as She supposedly 70
. home, and to q place where she would be properly
brought up, and receive all those little qualifications
which young lady neods-Mrs. Hollyer representing
herself as lady OF education and teacher. Der vstsr
thought this was desirable place 70 put the girl, and
pay but, as observed before, merely as friend and
companion She was taken there in the month Of April
1858, and remained there till July the Is. OF
August do not know the exact dates this when the
girl was sent there, when abe taken away; but
am coming to the history Of the case can On
the so,h day Of July last (as laid down the decara
tom Harriet think was requested BY Mrs Hoiiyes to
business. After Mrs Hollyer had gone out from
The house, Harriet went out Into TO-, the fields
time she noticed that Mr. Hollycr in the field Also he
having just from the house. BE commenced picking
few minutes made improper advances He soon after
war pulled her down and had improper connection.
time this occurrence took place am told by her sister
ha lady having just spoken to Mr. Je) that she is not
IA years Of age yet When consider her age at that
time the condition of her clothes and her subsequent i'll
unto death, is plain this rape not committed
by her own consent. This done Saturday after
noon and on Sunday morning following she was taken
sick On Thursday or Wednesday her sister heard that
she was serious! sick the girl was taken to New York
continued to become worse. and was finally given up by
the physician who was attending her. Another
attendance that she here to day alive Gentlemen this
is the short Of the story know it, The whole cir
examination Of the witnesses that will follow Counsel
then read the declaration in the the whole substance
of which that the said defendant, Samuel Holyer,
the 30.h day OF July last at place called Bulls Ferry,
in Hudson county state Of New Jersey with force OF
arms, &c, assaulted, debauched and carna!y violated
the person OF the plaintiff forciby and against her viii,
thereby committing and that he bruised wounded
and ltreated her nsomuch that by means 2sreof she
became sick and disordcred for long tme and is
the present time suffering from the effects OF said de-
epdants and that this prevented her
from attending TO her daily business aud affairs 1t also
that she obliged, and did necessarily pay aad
lay out and expend large sum OF money, to wit the
sum Of $780, in endeavorng TO get cured OF the wounds
and sickness caused by the defendants acts There
three charges made the declaration against the defend
ant The arst Is, that she compelled by his acts
TO lay out $780, the second that her life was endangered
by him. the third, that she kept from transactng
her oropery business To all Of these charges the de-
PENDANT pleads not guilty.
not guilty Of the said trespass and that the girls evidence
is entitled to belief she is supposed 10 be girl Of
doubtful character
Harriet f. Andrews (,he girl on whom the rape was
commtted being duly sworn, deposod and said know
Counsel for Miss Andrews-will you please to point him
out
wnness-Thcre be is pointing at the same time to the
believe am about fifteen years OF age believe
lived In place called Bedford before came 10 New
York; before went to live with Mr.. Hoyer lived with
my sister; in the spring Of the year that went 10
live with The defendant before went to his house was at
school; during this time lived with my sister, do no.
how long lived Mr.. Hoycr before this wrong
was done me; lived at Mr.. Holycrs three months be-
fore was taken back TO my sister's in Mr. Hollyers
house lived as friend was sister who made the
arrangements 10 regard 70 my entering the defendants
family 1t was on Saturday afternoon that went to pick
the berries; do not recolect the day Of the
pnnfh dn Nnf Hnpe hatv fonO n VRfi
At the defendants house before / taken
away went out On a Saturday afternoon 70 pick
this time bad gone to place called the English Neigh
borhood to teach music do not know how far from the
pick the berries Mrs Hoyer was gone about two hours
there was nothing said To me about getting ne berries ior
tea; there was 20 one with me when went INTO he heid
went to pick the berries at place at the foot OF the
hill; took pail 10 get them IN left Mr.. Hoyer in
the house, in his studio, when I went 70 PICK
when drst saw Mr. HoiIyer coming towards me; he
picked thoee for that could not reach he then asked
me 70 ST. down d SIT down. in few mn%trs gos
he tore my dress; then eat down again. was going TO
get up again but could not as he held me down. then
but this time he threw down, and held my hands In
his was going to haoo when he put his hands upon
be would kill me; as was trying to turn over, he
put bis hands upon my breast and held 70 tho ground
be then raised my clothes; do not know whether his
person was exposed or not; he then committed an I'm
proper me; he held down some time; he held
me down, and kept me on the ground two or three
minutes.
Judge-Did be hold you down with your CONSENT
Witntes-I was unwilling; tried 70 get up; he would
not let me.
Counsc-What did he do you while you were down
(witness 1t sitatcs); did he do anything
ADswer-Yes, cir; he had connection with me; alter
committing the act he went into the house; he told me
keep sti about it, that If did not he would kill me-
only stayed three four minutes in the field after the
act committed before went TO the house; when
went back to the house, went TO my room examined
my clothes and found them soled they were bloody;
they very much go; my outside dress was torn a
great dca the next day was on Sunday was very
sck; Monday was still worse was confined 70 my
ROOM was In great pain.
Jucge-In your head?
Wiincss--Yes, cir.
Courscl-In your bodyf
wiuess-Yes, cir Monday was able to get up, but
could not do any thing; grew worse and physician
was So Mt for Mrs Holyer sent for the physician; the
physician came Tue sday morning was n great pain;
| do not know the doctor name who attended me-
Jodge-Tbat was your condition on Tuesday,
Xtnsss~-I s,,fieI;ng from nains IN holy ana