The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1867-10-29
The Trial OF John Mckee, in the
Court of Common Pleas, for an
Attempt te Commit Rape on the
Person of Mary l.. SIuSher.

This case was set for hearing on Friday
the 18th inst. Messrs. Morris & Amos
appeared as counsel for the defense, an(
w. E. Hunter, Sr., was appointed by the
Court to assist the Prosecuting Attorney
]. P. Spriggs.
The first witness called to the stanC
was Mary L. Slusher, very little girl
aged about thirteen years.
Was Ii years the 23d day of June
last; that man, (pointing to the prisoner,
caught me, threw me down, ehoked mt
and said Nov go, and Cd d-n you
if you ever say anything about this, i
will disgrace you as long as you live;
mud on his pants.
Gross.eramined. three months
ago; never saw him before; not mistaken
in the person; black pants and vest, white
coat, broad -brimmed hat, coarse boots,
hole in toe; belt on; don't know what
kind of buckle; did not see any revolver
did not say he had any revolver; clothes
all whole; was in moist ground; my sleeve
was torn.
| CATHARINE JoHNsToNE.A 81 am grand
mother of Mary l.. Slusher; came
home on June 81 very much confused
meta man and asked her if shewas Arm.
strong's daughter; said she was Slusher's
daughter; mother dead; father in Nilsson.
ri; caught her and choked her; carried her
to pile Of rails; threw his arms around
her and took her to a low place; mouth
swollen; dless and apron torn;had a sleeve
apron on; lived with me one year the
middle of this month; she complained
that her side was injured and hurt her
inside. -
Cross -eranitned. We have talked about
it; Hugh Mckee said that, himself; she
said there was great difference between
them; did not want Mckee to talk with
her; felt, too much troubled about it; Kept
her away from them; was not afraid of her
making different statements; was not
afraid of anything; never heard anything
about compromise; got all my information
about this from the girl; after Hugh Nc
Kee was there heard that they said if fthey
caught the girl out they would kill her.
Rs-eramination By the State.-Had not
heard shat Hugh Mckee had threatened
to Kill the girl to prevent her testifying
when he was at my house, but did after
wards.
Daniel Harper, S. Hopper, W. Hardes-
ty, Mrs. Headley and two Burchers were
examined in regard to the appearance of
the ground, the prisoner changing his
clothing after his return home from Mil
tonsburg, calling at his shop and reques-
ting him to accompany them to Esq.
Fowler's, producing the clothes he had
taken off and his recognition by the girl
in crowd of from fifteen to twenty men
and her remarks that he had changed his
trowsers.
In accordance with the provisions of a
law passed by the last Legislature, grant
ing parties in suit the right to testify,
the accused was placed on the witness
stand:
JOHN MoKEE.-I passed from Malaga
to Miltonsburg and back on the 21st day
of last June; did not see girl on the
road; I did not see anybody until I got
nearly to Miltonsburg, when I saw Mr..
Burcher and son; remained there to 124
o'clock; saw two little boys mile cut Of
town; went home, changed my clothes, ,and
went to the shop to work.
Here controversy arose between the
prosecution and defense in regard to the
accused telling what different persons had
said to him. The prosecution objected.
The Court sustained the objection.
/ did as Mr.. Armstrong and Mr.. Har-
per requested; went up on to the porch;
there was but one man on the porch with
me; | did not follow the road all the way
to Miltonsburg, but took down path and
came out on the road near Mr.. Arm
strong's; bad on the same boots have
now; they had no holes in them.
Cross-eramined by the State.-Because
I did not want to workwith my best trow-
sers on; had the same vest on that l am
wearing now. The Jury examined the vest
which was corded and claimed by the pros
ecution to be of the same material as the
trowsers worn by the accused on the 21st
day Of June. The prints of the knees
in the soft ground exhibited the print Of
a corded material as testified to by seve-
eral witnesses. She did notsay there is
the man; my trowsers were torn down at
the pockets, and had been torn and mend
ed often before; black hat with broad
brim; there it is, (pointing to hat on the
table;) white linen coats
Mr.. HARPER recaHed.-There were
from fifteen to twenty men standing in a
row; John Mckee was standing about the
middle.
Gross-eranained.-- can't name all OF
them; some were strangers to me. Mr..
Harper named several with whom be was
acquainted.
WALTER HARDEsTY recdlled.-Was
across the street when the girl identified
the accused; there were from fifteen to
twenty persons standing on the porch.
=: - ross-eranained. did not hear the
girl mention his name; saw her point him
out and the crowd walk away from him.
Mr.. BURcHER recaHed.-Those are moi
the trowsers the prlsener had on the day
/ saw him at Malaga.
Cross examined. There were ten or .
dozen men on the porch when the girl
pointed out Mckee; l think he had OF
soldiers trowsers, blue.
VIM. BURoHER recalled THE trowsers
the accused has on now are not the ones
he had on the day / saw him between
Malaga and Miltonsburg.
The counsel rested here. The argu
ments were concluded at 10 o'clock OF
/ u. L., al !,