Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-10-31
The Jail Case.

4 VI " n heustis, WARDEN OF the tnited states
Jail, was taken mp before Justice Waiter IN the
| chamber Of the Board of Common Council. the
use Of which was granted in anticipation of a
| crowd. There Were present quite a number Of
| spectators, embracing some of those charged
| viii conspiracy, and several members of the
! bar. The warrant IN tnis case Is based on an
| an davIt of Mary L. McGee, charging Warden
| Heustis with having, in August last, had car
A. Cook and Mr.. A. X. Browne appeared for
the prosecution, and Mr.. X. T. Merrick and
james f. Williams for the defence
| Mr.. Merrick moved for the discharge of the
| accused, stating that the warrant Charges tn At
| complaint had been made by one Mary T.
MCGEE charging that he had carnal connection
| with her, which was not a sufficient offence
| The warrant was issued on an affidavit which
sets forth that IN August. 1s6S. she was COM
m tied TO jail, and HeustIs, partly by force and
party oy promises 70 secure her release, sue.
ce' ded IN his designs, and subseo ueutly re-
| peated the offence several Tins How httIe
force was used or whether consent was given
does nor appear, and there was no rape about
| 1t. The after part of the affidavit shows that
| this was kept up for some time and that the
prosecuting witness must have consented
Ihere was no assault and battery, ana. in fact,
no particular charge made. The affidavit ma "
nave been made 10 sustain a charge of mai.
yersation in Office, but if so, ii failed because
the acts charged were not connected wi h his
oncial business, but were outside. To promise
TO procure her Release was not connected with
his duties HIS duty was to keep her locked
up submitted there was no offence charged
He was convinced that Mr. ii. was innocent or
what was charged in the affidavit, and that the
afhdaylt was a fabrication. con taining not one
word of truth.
MIR. Wilson replied that 1t was unnecessary
that the warrant should contain a specIfiy,
charge, but 1t was issued to secure the appear
ance of the party, and the magistrate after
hearing the evidence, could then determine
whether there was sufficient cause to hold the
party. These a!tdayIts were not such a.
should be laughed out of court The adldayit
"a 6vn
oner, placed IN his custody by the law, and
prosututIng her to his uses-an offence of IRA W
character, and II such an offence Is not runisb
able there is no justice in law.
DIR. Merrick said, in reply, that however
wrong and immoral such things were they
Were not criminal, and the Justice had nothing
70 DO Hltn such case.
Justice Walter decided that the magistrates
duty was TO examine the cases brought before
MIN, ana certain ii was that If no other offence
was Charged in the affidavit. assault aud bat
teIJ WAS charged, and ne directed the counsel
20 proceed.
AdTy r. NcGee was sworn, and examined by
NJ. wilson. Witness has bsen IN the city two
years; came from fredericksburg, Va; was
committed 10 Jail in August last. Detective
Miller arrested heT. and Justice Waiter COM
United her, OF charge Of theft. Warden Heus-
us came 10 her room the same day she was
committed; she was crying; he came with his
son-lp-law; he shook hands with her and said
"Ohtef an, II won't amount 10 much" Wit.
ness as Eed for water, and he sent her a pitcher
of ice water. The Eext day Tuesday, he cam
UP again, sat down. and said .sCheer up," and
put ms arms around her neck and kissed h.r
ne sad "sll over here and subsequently sha
went over, and he kissed her again. He said
that If she would grant his wishes he would
rent loom, and would keep her At last
partly by force and partly by promises, he
: succeeded. IBIS was the truth, and he could
no; deny it. Mrs. Payne went out OF the
room one or two days after he chine
and repeated the deed. He sad that De
mad taken several women out of Jail, aud
NouIa Try 10 get her out. When witness was
released Mr.. DuyalI and Mr.. Heustis came up,
ana tLe later SAID they would get her Ia!pfspd
Mrs. Payne spoke up, and SAID she wished they
v Iid gtt her out Mr.. Duvall took her out.
SIr HeUStls said to her sGood bye" When
she Hrst went out ii was week or over before
she got place. and she cane back 10 f1lI I, !
Sep. Mrs. Payne said if Heusts would lc'
hei cut she would give witness a home 4.
she was leaving Mr. Heustis said keep cIoez.'' !
Laughter !
Cross examined by Dir. Msrrick-Wls com. |
Fuller, ON 7th street, where she was employed |
10 COOK ana Work III the hOuse: would ~.
cared half as much If he had been a single |
! married men are the worst lLaughiar |
i.acIes she lived with gave her good advice and |
not 10 be led astr3y by married men
Inc iustice.-Nery good adyic-: not 20 have |
n! t'ing to do with their husbands. IL1ug4. |
She asked whether he was a married man. |
ot cause II AIs wife found II out she wou a ~ ia
: bad way. Witness weLtto Mr.. Brown aud |
l.sF
-Ol sEltinE any one
Glow comeyOu 10 find Mt Browpl A-D, |
yOJ ID TX can't read. 1 looked T. Iud ms |
JIlc" end found II. and 1t made no dItfereuc.
lOW- 50 1 took the nCtOn;I can stand TO n. |
an r. Col'--t VINO told me- OF IL -yrr Brown: |
lever slted 10 aIybotyabout the atiitavit;made |
1l my InlDd 70 T. made IL Of nv oEg FREE. will |
Stamping her hand on the desk. having ~ an,
meantime taken q seat brs idp the Iu.fics - |
had placed this case in law and hopeI 10 l3nI
il would s6eSesd
Redirect by Mr.. Prown-Haus.is gave her
: d-ess. five or six yards o. Unb!eac1ed mus
lin. and pair Of shoes.
Ms. NGTy r. Payne swoTn.-Witless was |
confined IN Jail last August: became acquainted |
with Mary NcGee there. The latter cana IL |
on sur day: Euesls and sOn-iB law came III, /
said lie would 90 all he could for her. Tues |
day he came up and made fun with her, got y 1
hu-Eing and kissing her. sad he would e. her |
4 house, be her man, and get her released. h |,
Welt our, and she asked witness what she |
v clid DO, and she ;wi-ness) SAID thai she mast |
use her own pleasure, thai II was not her bust, |
h'S-- He came up again and when witness |
came back 10 the room both looked flOuFiShing.
She asked Mary what had been done, and she |
told her. Wednesday h. came up again. and |
witness looked in the door and saw them Ia |
improper ASSOCIATION. Witness was put in |
IHl Tor keeping-as. they say-a dIsOrderly |
house. illness made an affidavit. dOp'L know |
who WEE il. Witness haa a conversation in |
10 the case before making the aida |
~. Told person in all that II ever she = u |
out she intended to tell on HuestiS. Next morn
ing after the conversation she was released |
" hen she got out she told Mary that she was |
going 10 make an affidavit, and Mary said she |
= IA giad Of II aud would make one 100. Some |
man. whO welt heE bail, dent know who he |
Vs. tQok AeT Oh TN street gheIS she made |
an afidayl'.
As tins point the case was res pOned. !,