The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-11-07
THE CASE OF CAPTAIN ROCHE.
sWEARLsG AWAY A GOOD NAME.
"EoT GUILTY."

NOT GUILTY.
(! - - 3st.sE#
| In Judge Burnham's court yesterday
there was exposed one Of the most shameful
cases of perjury and gross parental miscon'
duct ever brought TO light in this city. The
facts were brought out by the trial o.
Thomas ". Roche, on charge Of feloniouslj
attempting to violate the person OF Miss
Louisa FL. Russell, daughter OF an ex- fede
raj soldier, who went North some months
ago, leaving his family I'M Richmond, anc
has not siuce been heard of. The girl re-
ferred to is good looking miRsof fourteen
very small fur. her age. Her testimony
upon which o true bill was found against
Roche, was very minute, and seeming tc
bear upon its face evidence of truth, the
sympathy Of the public was excited in be-
half of the Captains supposed victim. Her
affidavit was published in city weekly q
few weeks ago, and added no little excite
ment about the affair.
When the case was called yesterday Co.
lionel Marmaduke Johnson and John Johns
Jr., ESQ, appeared for the defendant, and
before the jury we're empannelled the for
mer gentleman took occasion 10 say that his
client had for weeks past been ready and
anxious for the trial, and the delay was
only caused by the engagements OF counsel
in another court.
The only witness sworn was Miss Russell,
upon whose testimony the indictment had
been framed.
The Commonwealth Attorney: SNOW,
Miss, tell US everything you know about
this charge against Captain Roche"
Witness: We'll, everything have
to end. There was nothing of it so. Cap
tain Roche never did insult me. The story
got out through negro woman who told il
to my mother, and my mother made me
say it was so. and afterwards swear to it
| swore to it before notary public (Mr
Upshur) and twice before the grand jury
The last time intended to tell the truth
but was afraid mother would whip me il
| acknowledged it to be q lie; she had
threatened to whip me, and has whipped
me about other things with a stick. 1t was
mother that got up this charge, and | don''
know anybody SO kind as Captain Roche
He has given me things time and again
and has paid our rent and given us fuel
and sent us something to eat when there
was not speck. else in the house to eat
The way came to make the affidavit was
this. Mr.. Henniug, Mr. Dickerson, and
Lawyer Atkinson came to our house and
asked if the story was true. l told them
sno'; but ma said it was, and made me
say so too. Then they told me that if
would 20 and swear to it might clear MIR
Henning of some charge about tobacco.
went before Mr.. Upshur and made the
statement published in the paper (Southern
| ODinion), but didn't know [ was swearing
70 it. | know swore to it before the grand
jury. Every word Of it was false"
To Colonel Johnson used to live with
nv mother on Broad street; now | live
with Mrs. Johnson on Main street and help
her sew. l am going to Philadelphia, and
some people have been persuading me to 60
off without giving any testimony; but
wasn't willing TO go off and Ieave gentle
man like Captain Roche under disgrace.
The Judge: 1" Who persuaded you TO &C
off ~ -
Witness ooh, several persons"
A reply was not insisted upon.
The Commonwealth attorney then gave
the case to the jury but Colonel johnson
arose to say that he was not willing, in such
n case. that there should be nothing more
than a verdict Of acquittal. There was not
| q pcrson present who had not heard the
slanderous reports against the young gen
tleman whom he represented IN THIS trial
There had been published the crosses
libels, and everybody had believed them
upon the testimony of this girl, under the
instructions OF her wicked mother. /
there was one thing in the laws O
Vireinia-the mother Of our Union
that he admired, it was the love o
Justice. 1t had made her immortal
That justice called for more than "no
cnilty." He stood here, the case having
been honorably given up by the Common
wealth's attorney, to proclaim within thi'
entire presence, and 80 far as his voice
conld reach, his clients innocence and thu
extent to which this outrage had been car
ricd. 1t was o lie from beginning to end
a black lie. The witness herself had sworr
it. And this lie had not only nearly ruined
the fair reputation Of the accused, and pu
him to incalculable trouble and expense
but had caused the blush of shame to ris'
upon one of the loyeliest cheeks upon which
the light of Gods sun had ever shOne. Tha
dear young wife had hung her modest heat
when everywhere she went her ears wer
greeted with this baseless SANDER, ant
when, having sold their property, tn
young couple were scarcely able to procur
board In respectable family in the Who'll
city of Richmond. He hoped the Who'll
people would take pains to show their sens
of the wrongs Of this young man. 10 d
otherwise would not be just or manly
would be dasterdly. 1t would not be lik
VirginiGns.
The jury, without retiring, rendered
verdict of g not guilty." and the prisone
was Of course at once discharged.