The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-02-03


Interesting Testimony for the Prosecution
MIR. Liuthicum Completely viudicutcd-Thc
Complaint Dismissed ~ Justice Hogan.
Yesterday morning the OF Mr.. VIM Lnshicum, the
merchant tailor Of No 726 broadway recently arrested
on the charge Of attempting TO violate the person of
Annie Casey, then in his employ domestic, pre-
viously announced in the HERALD was under sxauipa
ton before Justice Hogan, AT the Tombs Annie Casey
the complainant. further examined respecting the
facts na'ncd in the original complaint, but testified
TO nothing new OF special importance
Counsel for Annie then called Mrs Julia T. Polk Jato
governess in the family Of Mr. Linthicum, who had
two sons aged respectively eight aud iourteeN years.
Mrs Polk, who Is an exceedingly progressing and in
tegert lady of about twenty-sx years was expected
by the plaintiffs counsel to corroborate Annes testi
mony in almost every important particular but instead
OF doing 50 her evidence conraiicted that Of the
plainant In every important point. As the aRdavi, OF
Mrs Polk bon interesting and important It Is given
10 fun, and also brief abstract OF that to by
Charles Zimmerman, a nephew OF Mr. lipthcum. TO
whom AMMO related the story Of the alleged assault
upon her.
AFFIDAVIT or MRS PORK
Julia T. Polk, OF No. 1876 West Thirtch street being
duly sworn deposed aud said IL am a married woman;
do live with my husband; have been parted from
MIN Tor almost two years: nave been enploycd by Mr.
Lnihicum governess went there the first OF July
and cit him last Saturday recoect the morning Of
the 0h OF January; heard complainant te 'timony;
the person who Knocked at the door; came down
beeal ] heard open the front door.
and thought It was my brother who had
IN; went out in tho dining room and seeing person
there ! knocked at her door; the door shut and
fastened knocked three four times; also ballved
and the answered until called Tor the eldest Of
Mr. L n hicum; kr. Linthicum then unlocked the door
and out; cannot say whether he was undresse
o no.. wen. right past him; went into the room.
and She said, AIRS Polk, what Is the mat !
teri" ] said TO her. .Annc, you are q bad
girl and must leave this house, Mr. Lnthicum
then stepped the door said went there on
business and that he had right to do go; he also ad
that far rs be snew Annie r 6ascy was y M
had ovorcoat on; do not know II no had boots on
know II To had collar cravat on he had not
1tcngf nlrf xu1,os
hold Of tae Girl I pulled her out Of bed;
took held OF her arm; | did I, not drag
not take minute for to pull hsr out Of bed; amer
this occurred cav Mr. LAthicum standing NJ The door
/ let Ls employ account OF this transaction
Cross -examned-I went up stars 10 nv room and
then down again 10 sec Annie; Mr.. Linthcum had
gone his previous to that. went to the kitchen
called to her 10 como out then; she came aud then
asked her II Dir. Lnthicum had ever been in her room
before; she told .No;' asked her II he had ever
made improper advances TO her she said
he never had l asked her II he had
laid his hands her person at all. and she told me
mo- that he hoa not troubled her - she
Erst aroused " hearing down stairs, and
thcn Mr. Lintaicum Ia the ROOM and that she mad
| said ooh, my Cod what viii Mrs Polk say" said,
aAnnic, Mr.. Linthicum undrassed Ia your roem-
wasn't he ~ and sue said he was not that shc could not
SEQ and did not know what he had on; had another
talk with her about IL after daylight she then told
| Mr.. Lnhicum had como to her room on business to
| ace II my brother Was in the house, and
tnero asked hor II sho would to stay there
after left until Me- Lnthicuins sister came, and
! lut600lug
but was disappointed and returned and remained until
Saturday and left bis sister came on Thursday; COM
palnant discharged on Thursday morning because
was expected to bring an old housckeeper with
her: I think Il about i've or six minutes
| from the time heard the front door open until
| I Knocked ut the room door: think II was about
three or four minutes from tho first knock at the door
until after entering the room; turned end saw Mr.
Ianthicum standing IL the door medaiely after
went INTO the room that turned and saw VI. iinthi.
cum standing at the door TO my brother lodging IN
the house, never asked 5r Iinthicums permission,
and no knew Loth ng VI IL; on honday evening Mr.
ntbicum told me that be had hesrd nersons coming
into the part OF the house In still manner, and
that determined 70 find ont 1no II was and for
that purpose he had down stairs that night at the
tine went TO The did MOI hear any nosc AT the
time vent she said that Mr. Lintbicum had
not touched her.
Charles Zimmerman, nephew Of the defendant
examined for the defence and testified 10 having had
conversation With AInio Casey on SundHy, The 20h
ulim0, only few hours after the alleged assault ulon
her Auno then Told the witness that biz. Lnthicnm
came to her room 10 inquire whether Mr.. Clark irs
there that day; she said that Nj. Lnt.irum had not
touched her dat be not undrcsscd and that ho had
all his clothes except bis overcoai she told the wit
ness that after MI Lnihicum asked her the question
ahou, Mr. Clark he turned out and nj that time
Mrs ioik came down stairs
This closed thu case, and the magistrate announced
that he would the testimony elected and render
decision three O'Clock r. NJ requesting all the par
ties interested 10 be in attendance OF that hour.
AZ the time appointed Judge Hogan said he had read
The testimony with great care and could nothing IN
II upon which he would he jlstucd Ia further holding
the defendant, nri therefore dismissed he Complaint
ana tcnorably a. ged Mr.. Lin,hcom from custody.
After the Gacis,o had boon rendered nr. Lintbicum
stated that days ago ire had beer waited upon by
Anne's Counsel, who stated that he bnd The matter IN
charge for Der ard intina,cd thai Tor consideration
the case could be setticd and further proceeding.
dropped. Mr. I. declined paying cont, and told
tnno's representative that he could proceed with his
suits az soon he plcased that he had nothing TO