The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1869-04-21


intent 70 kill George st. Clair, near the |
Chain Bridge, on the 30th Of January last.
He was acquitted.
Same. Assault and battery with intent to |
kill John Frlzzell. The two parties, who had |
previously been at enmlty, met at q res
taurant near the chain bridge, when in an.
swer to salutatlon from the accused, Fritz.
zell said, "Dont speak TO me you house
thieving son-of-a-b-." Shortly after that |
the parties met on the road, when Scott |
struck at Frizzell and cut his face, Just an
terror to the ear, partially seyering the car |
rotid gland, from which wound much blood |
was lost. The jury found the accused guilty |
Of assault and battery and he was sent to |
jail at labor for six months.
r. II. Marsh, Justice Of the peace, charged |
with mnlyersatlon In Office. In this case the |
information or charge was withdrawn by |
the District Attorney, aud leave was granted |
to withdraw the papers In order 10 fle them |
against the general term.
James Marshall. Rape on Rosa Ward on |
the 9th Of August last. The defence de-
INJURED to the Indictment on the ground that
the district attorney had heretofore dismissed
the case and entered Ho,is pros.
RAPE CASE.
Same for the same offence-second indict-
ment. The defence pleaded that at the time
this Indictment was found, Wednesday 8,
1869, there was an indictment for the same
offence still pending against him. The dis
trict attorney demurrcd TO the plea, contend
ing that, admitting the fact alleged, Ii did
not prevent the second indictment from be-
Ing legal.
The Court sustained the demurrer of the
district attorney and granted leave to plead
over. plea Of ''not guilty" was then en-
tered. H..
Mr.. Darlington appeared for the prosccu-
tlon, and Messrs. 8. Philips and Riddle for
the defence.
Mr.. Darlington opened, urging the Jury To
remember that the force which the law
makes essential TO the crime Of rape Is not
necessarily bodily force, but that threats and
whatever else operated 10 deprive the woman
Of her free will was sufficient to constitute
the force the law requires.
iMr. Philips, for the defence, reminded the
jury that this charge was one the easiest TO
make, but the most difficult 10 disproye OF
any In the criminal calendar. lie said that
the evidence would show that this case had
none OF the surroundings of rape.
Rosa Ward sworn-Is IL next June; never
been married; lives on @ street, between
Sixth and Seventh streets. Witness was
born slnvci never know her father; was
bought seven or eight years ago by Henry
Ward Bcecher's church. Witness got ac-
qualnted with the defendant at Chief Jus
tice Chase's, where her mother was en-
ploycd. In August witness met defendant
at the house of Mr.. Chase, at night, about
| 10 o'clock. When witness went there, she
went for the purpose OF carrying letter to
Secretary Chase's cook. She saw Mrs. Mar
shall, the defendants mother, and left the
letter with her. She then started TO 20
home, and when at the corner OF Eighth and
Q streets the defendant met her, and asked
her TO walk around the square. She, think
ing no harm, walked with him till they got
back to Secretary Chase's house, when witness
at his solicitation entered and took glass
Of wine. She then wanted to go homo, but
he placed his back against the door, and
would not allow her. lie made dlshonora-
bic proposition; witness rejected II with
scorn. lie then tried to persuade witness,
bat she rejected all his proposals. All at
once he grew angry, and Jerked witness out
OF the chair; carried her into the library and
attempted the outrage. Witness screamed,
aud prisoner told her that unless she stopped
her noise he would kill her. He then went
out In the direction Of the dining-room, and
witness heard him rattling knives. When
| he came back he assaulted her again, when
witness fell on her knees and begged him to
spare her; that she was her grandmother's
only support, and her reputation was all she
had. lie told her that II she lost her repu-
tation he had plenty Of money TO support
her, and while she was on her knees he
pushed her back and accomplished his pur-
pose. The accused then said IL was
too late for witness to 20 home, and witness
remained sitting ut the library window until
morning, when he opened the door and she
ran home. II was about 9 o'clock In the
morning when Marshall committed the out
rage. As soon as she got home she told her
grandmother OF the wrong, and they immc-
diately got officers and had Marshall ar
rested.
Three o'clock having arrived, the court
adjourned.
CmoUIT CoURr-CAief Justice CARTIER
This court was occupied as follows yesterday;
j. Chandler Smith vs.. NJ. A. Paul. Eject
ment TO recover real estate In Georgetown.
This case came over from yesterday. The
case was argued, but not concluded, the jury
being resplted until this morning.
Davis VS.. Lewis. In this case-decided OH
Monday-.Mr. Mnttingly files motion for n
new trial.
Riley VS.. Shepherd. Referred to o. II.
| Morrison.
Markcy & Gcttlngervs. Greer. Judgment
confessed with stay Of execution for sixty
days.
McGiIl vs.. Baltimore and Ohio Railroad
Company. Leave granted plaintiff to amend
pleadngs by Withdrawing replication.
Fuller VS.. Brown. Gen. Terry files mo.
tlon to amend record.
Forrest Il Chapman vs.. Hosmcr & Co.
| Case continued.
Morrell (use wlnsor * Ford) VS.. Alison
| viii IN orJos that s.Id Ir5,sn,oo, Iii Lo
strickcn ont n sbow bc bos GOD dcrsncn
| c,S,s 1870
Nos 400 az 49T Tx I'D o7s 40 al
I82' IO7, os3, oO9 nod 3II. 303. All IIg
263' 2Tg. 10. Iss. IN. liz. l0s. 100. and
appeals o..
ORPnASs' CoURr-J udge P,irceR.-This
court was occupied as follows yesterday:
The will of ID. II. Bliss, beGuoathing his
estate to his family, was died for probate.
| LETTERS rEsrAMEsTARY.
| TOR oC " DoehIo ,,iyInc honJ in AZ nnn viii