Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-07-27

THE RAPE CAsE-HoEoRABL AcQUTT-
TAI OF Nh. DoBLER.-This trial was
opened yesterday morning by Mr.. THoUR-
NECK, counsel for the prosecution, making
motion that two gentlemen be appointed,
one by the prosecution and the other by the
defense, to take the little girl, WLLIHEMA
DoBLER, the alleged victim Of outrage, to
an adjoining room and instruct her as to
the import Of an oath-the responsibilities
that she was about to assume in the court;
ard the relations that she sustained to her
father against whom she was about to aP-
pear as a witness.
Mr.. BR1EN, for the defence, moved that
the father Of the child be one Of the two.
Mr.. SYMMEs, also Mr.. HAYWOOD, in be-
half of the accused, objected to any such
course. They agreed that if she knew any
thing about the nature Of an oath she needed
no instruction if she did not her evidence
ought not to be received, and that it was the
duty Of the court to refuse its acceptance.
Mr.. THoURNEcK said that he did not
mean to take any advantage Of the prisoner;
he only desired to give him every opportu-
nifty for defense-that such a course did not
aid him in the least in the prosecution Of the
case. He withdrew the motion and pro-
ceeded TO the examination Of witnesses.
Several were called and sworn.
WmLmEyA DoBLER, the little girl al
lodged to have been outraged, was put on
the witness stand. She said that she had
never been sworn, and did not know the
meaning Of an oath, but understood what
was meant by lies and truths-that God
punished the wicked by sending them to the
" bad world, and rewarded the good by Civ
ing them homes in heaven. Other questions
were asked by the court, which elected
similar replies. Mr.. HAYWOOD objected to
the witness being instructed as to the nature
of an oath-that the law was clear on that
point Before witness can testify in court
he must understand the nature of an oath.
Mr.. THoURNEcK said that it was evident
that the witness was a competent one since
she had acknowledged the existence Of God
and Of future rewards and punishments.
1t was decided that her evidence should be
received, when Mr.. THoUREEcK proceeded
to the examination. She testified that Mr..
DoBLER, the accused, did get on her person
while she was in bed but did nothing fur
ther. Repeated questions were asked her,
the replies to which clearly exonerated the
accused, showing conclusiyely that the
statements that she had hitherto made had
been influenced by her step-mother. Mr..
THoURNECK said that he would dismiss the
case as he did not believe, himself, that the
charge could be sustained. In a few minutes
afterwards, however, ne proposed to prove
that tn ere was an assault on the person of
the girl and had a man by the name Of
JOHN KIRKPATRICK called and sworn, who
testified that he had seen DoBLER acting in
an unbecoming manner towards his daugh-
ter some two years since, but that there was
nothing criminal in his action.
Mr.. SYNrAIEs said that the further exami-
nation of the case was out of order. The
prosecution having dropped the charge Of
rape had no right to attempt to prove that
an assault had been committed, and that it
was the duty of the court to release the
prisoner.
Mr.. HAYWOOD said that the court could
plainly see that there was no necessity for
any further action, as the prosecution had
abandoned the case-so far as the charge Of
rape was concerned; that an attempt to bring
up other charges was an absurdity. Before
Mr. DOBLER could he tried on the charge Of
assault it was necessary 10 have new writs
served on him. He demanded the imme-
diate release Of the accused-that he had
been outraged by the grave charge that had
been brought against him by his wife, who
was at the bottom Of the whole affair, who,
to consummate her purposes, had induced
the little girl and her sister to swear what
they did. They had been trained to this,
and yet, Notwithstanding these influences,
the child had, with tears in her eyes, testi-
fed to the innocence of her father.
At the conclusion of his remarks Mr..
THoUERNECK said that he would submit the
cause to the decision Of the court, and be
governed accordingly.
Esquire PATTERSON, after few remarks,
rendered an honorable acquittal, saying that
there was not the least evidence as to the
guilt of the prisoner. This was received
with much applause by the many friends Of
the accused who crowded the court room.
So soon as the acquittal was communion
ted to Mrs. DoBLER, she came bounding into
the room like an Infatuated tigress, cursing
and denouncing all whom she met She was
gently admonished to be quiet, but this only
increased her fury. Esquire PATTERSON Or
dercd her to be taken in charge by an officer
until she became quiet. During the trial
She was as meek and pacific as lamb, but
so soon as she found that she had failed to
consummate her malicious designs she de-
veloped her true character.
by request ofMr. DoBLER his little daugh-
tiers were taken to the Orphan Asylum, so As
10 be out Of the reach Of such brute of
mother
ROBERTSON COUNTY.
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