The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-08-02
LEGAL -INTELL1GHNCr.
The south Broad street E~rime-TriaI of III,
HPrReN.

htOE@VS
Court of Quarter SeSsions-Judge Parson.
Yesterday Mr.. Shepherd sent before the Grand
Jury three bills Of Indictment charging John W.
Badly, alias Welsh, William il. Duncan, and Chris
tophcr Nalty with rape upon the person Of Miss
Jarvis, robbery from her person, and assault and
escort on the evening of the outrage. The Grand
Jury returned tine bills as true, and Badly, alias
Welsh, was arralgned and entered a plea of not
guilty. This morning was fixed for the trial, the
announcement OF which drew q large audience into
The prisoners Duncan and Badly only were in the
DOCK, and by then restlessness and nervousness of
manner esinced considerable une lsinesS of mind.
tThey were sbaobly dressed, and presented quite a
| hard appearance. Miss Jcrvis was present from the
opening of the Court, surrounded by friends, and
Mr.. MOoIby was also in constant ATTENDANCE. Thay
! both appear Ike persons OF Responsibility, occupying
q good standing in society.
Nalty, the third prisoner, who is understood to
have turned States evidence, occupied a dock by
himself, and was in frequent communication with
a; the detectives. THE jury was empanelled after the
fashion Of homicide cases, and then the Trial pro-
W. Homer and Christian Kneass, Esqs. Messrs.
Sheppard and DcChert prosecuted.
The case was opened by Mr.. Dechert, who stated
that the Indictment now placed before the jury was
that charging the ofrense OF rape.
sworn, TESTIFIED rs foiiows:~Before coming to this
city / lived at Wilmington; 1 came here in the be-
ginning of July ] was staying at No: 2059 American
on the evening of July II; l left home about I o'clock;
went down by the Union line car, and left the
l went towards Federal street; and met
Mr.. MOorby III Broad street, on the west
6HtSs & tSNNlut tiso W "a ppN tOh hiiNuJN VI >
O'Clock; VT went down towards the park and
walked as far as those buildings that were undn-
ished, ana 1t was there we met those men, who were
! sitting around the building; after we passed the
buildings about fifty or sixty yards we noticed that
seized Mr.. Moorby and kicked him., presented pistols
at his head, and beat him; two Of them
time, and had pistols in their hands; then the ear
rage came along and Mr.. MoOrby broke from the
had hold OF me, trying to get me along, while the
four men We're dragging at my skirts and beating
him; we did not stop the wagon, but the horse
and was partly in when they struck the horse to
drive him on, and ieIl out; MI, M No was
ne oyer Inc 'uSstie,worG and I5 said
that II l made any noise they would shoot me there
were seven of them there; two of them had hold of
me and the others followed on behind; they asked
me where ] lived, ana what was my name, and /
told them none OF their business; they asked me
who was the gentleman with me, and | told them TO
ask HIM; I DO not know how far along the railroad
they carried me, but they took me about yard
or from the track, and then they violated
and gave me my hat; one OF them asked me what i
had in my pocket, and l said 'Nothing; - he told me
not to lie about 1t, and then took SIl from me; they
then told me TO go home, that they were done with
me; ] begged them TO take Inc across the bridge.
but they left me; | crossed the tr~estle-work and met
a carriage, and the gentlemen inside took me to the
Baltimore Depot, where | got into q car and went
home to american street; fully Identify the pri-
person; Badly was the leader; he was the one who
took the money IRON me on Broad street two pistol
shots were fired at Mr.. M0orby.
CrOss-eNamined-I had been residing here about
three weeks when this occurred: / came here from
Wilmington; before living at Wilmington / lived Ia
New Orleans; my parents came to Wilmington with
me and then returned South; I have been visiting
my sister in American street: | have known IMT.
MoOrby about one year; have been accustomed to
see him every other evening; before this occurrence
! net him in Broad street Tuesday evening"; he
took me to the cars, and | made an appointment to
meet on Thursday evening | saw Duncan among
the men in the deld after 1 passed the unfinished
buildings in Broad street; there We're three with
him then, one OF them being Baby.
recOuect that seven men took liberties with my
person; / cannot recognize them and | do not know
their names, but | know that Badly, Duncan, and
Naltl did SO; Duncan held my hands and afterwards
took MS turn; they 1ad their hands over my mouth,
and / could not say anything; they all left me to-
gcther and went further down the railroad, and left
me to come up the other way Badly took my nat of
and handed 1t to one OF the other men while this
was going on; l had been tripped to the ground
when my hat was taken or; Badly told one of the
men TO lake it away and be careful not to tare it
/ told the gentlemen what had occurred: | did not
learn their names, but saw one OF them yesterday.
Cadmus MoOrby-I reside in Hicks street, between
Reed and Wharton; i have known Miss Jervis ne arly
one year l left home about ten minutes TO S O'Clock
this evening and met Miss Jervis at Broad and Fe-
deral at about five minutes TO S, and then We walked
south on the east side OF Broad; we strolled along
to from fifty To seventy yards beloW the unfinished
brown stone houses, ana | not feeling well,
proposed TO return; we were on the point
n doing so when Miss .JerVis said, ''See, there's %
horse Z" I saw three forms behind the fence, aad
said they were men: ] put her arm in mine ana we
We're fastening away when these men got over the
fence they were armed with pistols; three OF them
came up ana attacked us they were Badly, Duncan.
and Nalty; they at hrst proTessed TO he policemen
by calling each other so the Irst thing | knew 1 re-
cetVed Il blow upon my head; / drew my revolver,
tut il being unlOaded II was OF but little service; they
dd not seem TO be bent upon robbery,
and they fought for that and | resisted; the fourth
man came mp, AMI while two of them struggled With
her two OF them fought me; 4 received several blows
| aRaut fhR INDY aIn rllE y ffl sOUun hluul in afru mani