Evening star. [volume] (Washington, D.C.) 1854-1972, 1862-02-22

CHARGE OF RAPE.-Yesterday, the case Of the
United States against Charles Kapp, charged with
committing rape al pom Juliana Dilman was taken
up for trial before Justice Walter-Mr. Morgan
appearing for the defense. The warrant upon
which Captain Kapp was arrested by Patrolman
Frazier was issued by Justice Walter on the 18th
instant, upon the following afidavit:
City OF Philadelphia, S.:-PeuonalIy appeared
before me, an alderman in and for said city, Julia
Dilman, who, being duly sworn, deposes and
her the 2lst day Of December, 1861 at the hotel
Of Mr.. Schnell, in the city Of washington, eight
times or more. JULIANA DILLMAr.
sworn and subscribed to before me, this Sd day
Of February, 1852.
CHAs F. HELLFRIcHr, Alderman.
Mr.. Uttermehle appeared for the prosecution.
The complainant Is slender, nght-complee-
ted, yellowhared, ue-eYed woman, apparently
about 2s or 30 years Of age, not remarkably hand
some, but neat and clean.
The counsel having arrived, the Justice called
JNIiaud DttID1GH, who was sworn and testified
that she knows Captain Kapp. She was in this
city In December last came to see her husband
on the 5th; left him to return on the 10th; stayed
all night on X street, between 4th and 5th, 10
being too late for the cars. Her husbant IL Ser
geant Msjor In the 35th Pennsylvania regiment
Captain Kapp 10 captain In the same regiment,
encamped at Hunters Chapel, Va When she
went 70 the depot on the 18th to return home she
was too early; met Captain Kapp there, and he
invited her to go to the Turner Hall and get som'-
thing to eat. Sergeant Anspaugh was there and
".
x. told Sergeant Anspsueh to get a carriage and
be did so. Witness thought theV were going to
the depot or another depot; but they carried her
TO Schnell's hotel on Fifteenth street Witness got
into the carriage and Capt. X. rode q horse. He
took a room, and witness did not want TO go it.
but thinking he was her husband Is friend she went
In, and they had something to eat After while
she went down Into the yard and be went down
also; the dishes were removed She had Young
child about two and a half years old with her, Il
being sleepy she put IL to bed In the room, there
Iz,H- t~11~
undressed to 90 to bed, and made her 90 to bed
with him. He teok hold Of her, and began to
abuse her. She begged him for Gods sake to
let her alone, as ste was five months in the fam
Iy way, and her child would die He abused her
so that the next day she suffered with violent
pains in her stomach. The next day, the 18th,
he was afraid her husband would hear of 1t, and
he got hack and told her 70 GO 10 Baltimore to
hotel, and stay till be came. She went directly
home to Philadelphia, and wrote Immediately
to her husband, informing him Of what had oc-
CURED.
Cross-examined by M Morgan -Kapp accom-
plished bis purpose without her will and consent
He coaxed her from the depot, and she drank
glass Of lager beer at Turner Hall, In the bar
She was In the act Of undressing to to bed with
her child, when Kapp seized her She resisted,
but he accomplished his purpose right away. He
had connection with her eight times; the second
time about half an hour from the first Shs then
went to sleep; he woke her up. She resisted every
tme-the last time awhile before they got up, lust
twice. Didn't 60 out Of the room; ne made her
70 back. To Justice Walter-Ths door was
locked; the key was In the door. The child
awoke, and she went to II. She tried to get in
the other bed, but Kapp would not let her. To
Mr.. Morgan.-The affair did not occur on the 2lst
az the affidavit has II; that was mistake of the
Alderman. Never knew Kspp before nv visit
TO her husband. Took breakfast with Capt Kapp
the next morning at Schnell's. down stairs She
made no complaint TO anybody there. There Is
no door communicating with other rooms from
he hey OCcnDiPd-it In M He ted
her to psss for HE wife She didn't speak to any
one in the house-didn't know any one She
knows II was the 18th, because on the 10th they
were on the outpOsts, and the 18th she went to
Philadelphia. She undressed before him be-
cause she bad no thought that he intended her
any harm; believed him friend Of her husband.
Knew he was a married man, and she married
woman, and the lights were put out.
Ma OF Hamm and several officers being present,
and anxious to return to camp, they were per-
nitted to testify before the examination Of Mrs
proof that on the 2lst Capt. Kapp was on picket
duty, and the 18th or 18th he was away from
camp from nine or ten O'Clock a. m, which was
corssnted to by the prosecution.
Mr.. Utternuhle, for the Government, claimed
that he had exhibited p7i1d Tdeis case, and
asked that 1t be sent for trial to the Criminal
Court. He CHARACTERIZED the perpetrator Of the
act as brute rather than an ofacer and gentle
man.
Mr. Morg,n, for defense, argued to show from
the testimony that there was no rape, and read
from a charge Of Judge Brownson, Of New York,
in similar case, to substantiate the position be
assumed.
Justice Walter did not consider that other
evidence fer the defense would be necessary, and
reserved his decision until nve O'Clock D. m.
At p. m. the parties appeared before Justics
Walter, and he announced his decision to dis
miss the case for the following reasons LIST, on
the 2lst OF December the parties were not at
Schnelis hotel I'd, the woman went willingly
TO the hotel. Sd, She undressed herself in the
presence Of Kapp. 9Th, she did not resist, as she
made no alarm, which she could have done easi-
". 5th, the key was in the dsor and not locked
up 9th, she did not complain after she came
down stairs 9TH, she took breakfast with Kapp
ss bis wife. Sth, she accepted a carriage to 20
70 the depot, at the expense OF the Captain. 9th,
she delayed the complaint until the Sd Of Febru-
AIRY, 1863 10Th, ne ther her letter TO her husband
nor the AFFIDAVIT corresponds with her testimony
18th, by her own testimony, that she did not
sleep any all night, and made no effort to escape
while he was asleep.
Her husband takes 1t with phIegmatic philoso-
phy.