Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-11-26

The .RARs CASE The examination OF
Eugene Marsh and Lans Wyman, charged
with Committing q rape on Mary Jane
Carnes, on last Saturday night, came off
before the Mayor yesterday afternoon. We
append the testimony OF the prosecuting
witness In full:
nAaty j calnes s,SOoo,s,a.lI,ast % II Saturday
hight about Soclock / went to coIoredswo-
mans to pay money; left about or 10;
as got about half way down steps / saw
two men; went to pass them; as they
passed me they spoke to me. using very in
shifting language; they took hold of me
and dragged me into yard. and had to
submit; Iresisted with all-my might; theF
threateHed- me that If made any outcry
they would kill me; they kicked and slap
ped me; Marsh and Wyman are the men;
they are here in court; know them.
T'wsnt 20 pay the eoIofeAdlI YWoinap some
money! owtd her. It was Just O'clock
when / went in, and left ABOUT 8 or 10
o'clock.a.d did not know 1t was a house of
I'll fameinntl this pccurrenee.s This Is the
fourth time / have been there. had not.
got off the steps when the men approached
me. L made cutlery and noise for assistance.
The saloon in, the rear of the Broadway;
House was open. It is within Is feetsof
where was. The outcry l made was to
tell themn I was respectable womanI:eI
think T. screamed out once.ss They took
me into yard. The night was dark and
there is no gas light nearer than the other
side of Broad street.. When went to bed
that night did not know who it was that,
outraged, me, Kate Cummings told me
next day. that il Vas WJman and Marsh.
After got away from them, 1 broke in the
window OF the Broad way House and found
lot of men in there. This was after it
was all over.
Kate; Cummings testified that she lived
at Mr.. Paul's, and on the night in question
she looked out of the window and saw two
of them laugh. She did not know wheth-
er they were the prisoners or not. =,
lWsH. Paul that ne liyes on alley1in
rear of the Broadway Hotel. A colOred wO-
man called him and said a couple of men
were numbering woman in back yard. He
looked over the fence and heard man say
''G-d-d7n yoqskeep still;.he went into the
hotel and in about two minutes, as he sup
poses, the woman broke in the back win
dows. AS he went In he saw Wyman at
the gate. He passed within two teet of
him. He supposed at the time that w lyman
had nothing to do with it and that the
other parties had left. He saw no other
man the. Two or three other witnesses
were. examined but nothipg additional
was ellclCeu.
Mr.. DeLapy, at the1close Of the evidence
for the State, moved that the accused be
discharged because. the State failed to,
prove venue and also to establish the of
tense of rape. ~ A.. d, As
The Mayor held that proof Of venue
was absolutely necessary. The question Is
was the crime committed in the city of
Columbus? II SO the court would hold
that it was in the county of Franklin. The
Mayor did not believe that the city, county
,r State had been mentioned. The
State had tailed to prove ths elements
i rape perhaps because of the mod-s
'sty. of the, attorney, but still they.
lad not been proved. In addition to this
here was nothing to prove the connection
If these defendents with this outrage ex-t
.ept it might be the testimony of Mr.. Paul.
whose story was extraordinary. He
thought woman was being murdered, and
instead of calling on Wyman, whom he.
ays he saw there, to assist him and going
o rescue her, he went to the hotel and
waited for her to get away from her des-
'oilers, before attempting to aid her..
Under all these circumstances he felt that he
would be obliged to discharge the defend
81 . = d. - H.H