Evening star., 1869-11-03
The veiRed Laay-A Curssas Case.

The case came UP q warrdnt fssueu ON inc
complaint of Mrs. =. j. Downing, charging MI.
On her, which warrant was served by Sergeant
Robert johnson ON the 18th Of last month, the
warrant having been issued @ & oy justice Cnase on
the 18th when the complainant testified that in
july she occupied rooms on Pennsylvania ave-
nas hf h or her to eome ei 10 sas bs
room $that he was sick, and on entering the
room he seized her and pulled her on his lap and
took improper liberties with her, and she was 80
roughly handled that she suffered for several
dIvs-
The case was then further postponed until
yesterday, and at o'clock Justice Chase called
It up The defence was represented by Mr.. John
f. Norris, and the prosecution by Mr.. A. X.
Browne. The prosecuting witness, who has
quite neat figure, was prompt to time, but
having over her face two wells, effectually baf-
fled all attempts by those present to see her
features. -rs rT~rT
Mrs. Lucinda Morrill, was the first witness, and
she testified that at the time mentioned Mr.. Up
perman boarded at her house, and Mrs. ID. had
rooms there, from June to August; that the lat
ter frequently sat i'm Mr.. US room, and when
would sit in his room Witness never saw U. 60
to her room; recOllects that the defendant and
Mrs. ID. took a ride on the day in question, re-
turning about dark; it was the last Sunday i'm
.,uly; did not hear any outcry on that day, nor
nv complaint until now; had seen the complain
ant sitting in Uppermans part of the house
after this occurrence, when they appeared
friendly.
DR. Alexander Mcwilliams was called, and
testified that he had been in Mr.. Uppermans
store on the Island, shortly after he opened
there, and had seen a lady there.
Mr.. NOrris.-DOctOr, is that lady present?
Dr. McW.-I can't say, unless that lady lpoint-
ing to somPlainantl win remove her veil.
your veil; We can't see through it.
The complainant paid no attention to the ques-
ton, and Mr.. Norris asked the justice to direct
the complainant to remove her VEIL Mr.. Browne
said the defence should find their own proof. Mr..
Norris remarked that they would have to take it
that she was the woman referred to.
DIR. New, continuing, said that the lady he
had seen at the Island store was the same he had
seen leave the boarding house on the avenue.
MIR. w. ii. UPperman testified that the store
ON Virginia avenue was bought on the 21st OF
Mr. Norris asked if he knew of any communi-
cation being sent by the complainant to the de-
fendant.
Witness replied that the communications were
through colored girl, who was to tell Jim (ac-
cused) to go to the room of complainant. This
testimony was ruled out by the justice as hear
say. Mr. Norris said that if there was a further
hearing Of the case he would produce the grill
Mr.. Norris here produced two letters, which
he proposed to offer as evidence, going to show
that this whole proceeding was q biack-mailing
one, to flch from Mr.. U. S100.
Mr.. Browne said that the handwriting should
be first proved.
forward and was sworn.
MIR. Norris, (pointing to the letter I-Is that
your handwriting; Is that your signature?
Mr. Brownie don't know that she is obliged
to answer.
The justice said if the letter would tend to
criminate her she need not answer.
The witness still declined to answer, and Mr.
Norris suggested that she should be committed
for contempt After comforting with her coun-
sci, she answered that the letter was in her hand
writing.
Mr. Norris read the letter, which is dated Al
bany, August 18th, in which she states that she
wrote him from New York, and had received no
answer, and now writes once again to know if he
intends to meet her in New York on the LIST of
september, TO cOnsummate his enga cement; and
if he does not reply she will know that he has no
honor about him, and she thinks his conduct has
been cOwardlp.
The other letter was objected to on the ground
that it would tend to do complainant injustice.
My. Browne commenced his argument, when
Mr.. Norris interrupted his speech by exclaiming
MAY il please your Honor, the lady has got one
of the letters" On inquiry, however, it was
found in the hands OF a member of the bar, who
was watching the proceedings. MIR. Browne con-
tinued, claiming that the prosecution had made
a case.
that this was a proceeding to obtain money, 800
being asked to heal the wrongs, as it would have
appeared from the second letter, had it been ad-
mitted as evidence. He argued that il the state
ment Is true that defendant pulled her on his
lap, she could not have considered it a great
crime, tor no Outcry was made, and she was seen
in his company subsequently,.
tention to so%e part pts Of OF the ss1iSenee ~hieE had
been overlooked, and speaking of the offence as
an enormous crime, and he held that il the de-
fendant had laid his hands upon her other than
in kindnt IS he should be held to answer, and he
argued further that the crime was more enOr-
nous in view OF their relation, they being, he
blushed to say it, engaged to be married. He
read from number of authorities the law ap-
plicable to the case, and claimed that the ac
cused should be held to answer the charge of as
sault with intent to commit rape, but he would
not press the latter charge.
- Justice Chase announced his decision, stating
that to hold a person for court he must have
reasonable grounds for the belief that q crime
has been committed. The evidence was that up
to the 25th of July friendly relations existed be-
tween the parties; that at this date the offence
was committed, and this evidence Is not i'm
peached. He was not clear as to the attempt at
rape, however, and would therefore hold the
accused to bail to answer the charge of assault
and battery.
Mr.. Norris said that his client was satisfied
with the decision, and IL the case is ever brought
to trial. it would appear that the prosecution is
for the purpose Of obtaining money.