Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1872-07-19

severe reprimand. The evidence that is offered
is not ct to commit the man. The woman at
the time was suffering from venerial disease,
and accounted for it by saying that she had
been ravished in Boston. This woman is foul in
body as well as in mind, and a common night
walker, and no one should be convicted on her
evidence
Ii. b, Oiver-Saw the woman about III O'Clock
Saturday night while walking Main street; she
threw her arms around me and said she would go
with me; she asked about several hotels, and said
had better spend the night with her, repeating
the request several times; she said she lived some
distance away and would not say where.
Dr. Woodward testified in relation to treating
her medically at the county Jail. He also an
swered several questions in relation to diseases be-
Dr. H. r. Thayer also testified in relation to the
woman's physical condition during the month of
March and on Saturday OF last week.
officer Smith-Saw the woman Sunday morning,
when she told me that officer Ratgau took her into
an alley way and said that if she would let him
have connection with her she might go home; she
also told about the outrage in the cell.
Cross-examined-She had the appearance of hay
ing been intoxicated; she gave the particulars OF
| her offence and arrest
Officer Howlett-Eaton left the office with me
| abOnt hat-past one; had been with Eaton some
| time before we went out; did not see him hang up
key; was close to him while he was in the room;
| We next reported at AZ O'Clock; Eaton was with
me all the time and was not intoxicated; there
| Recommendations breath smelled of IL
quOr early in the evening; went to lock up pris-
ocner with Eaton and Sprague; next saw Eaton In
the front office about 4 o'clock; while in the Of
flee was in the front room and saw Eaton go into
the sink room; can't tell where he came from;
went into the sink room together; Eaton had been
complaining of headache early in the evening.
Officer Ratigan recaed-Did not make any
| proposition to the woman after arresting her.
Abraham z. EatOn-Have been on the police force
since October, ISL was in the station Saturday
night and Sunday morning; brought in prisoner
with other officers about 12n O'Clock; locked him
in and talked with him; some one called for water
and Sprague went after it; | at the cell of the
| man we brought in; the woman told about being
| brought in; l asked Spraguo who she was; went
| and got the key, unlocked the door and we both
went in and sat down; was in the back part of the
| cell; the woman gave me her hand; can't say how
long Sprague was in the cell; he went out and re-
mained did not get any water for her; did not have
any intercourse with her; In there five or ten
minutes after Sprague left; put my arm behind her
and on to her shoulder she asked me about the
| ture of her fnei did not make any propositions
| about having connection; did not hear her make
| any loud talk; she was not lying down and made
| no attempt to put her down; in leaning back
against the wall she hurt her back; went in there
out OF curiosity; asked her if she had good repu.
| tation and was told that she had never been ar
| rested before; Sprague locked the cell door; he
| theu went and hung up the key to the room; don't
| know what became T the key to the cell door;
did nothing with it; came out with Sprague about
one O'Clock; did not return to cell afterwards;
| went to the water closet about u O'Clock; came
from the water closet and looked for my partner he
was coming and said Abe 1t is time to go out; went
| into the sink room and bathed my head; we then
went out upon our beat and remained until through
III the morning. did not go into the cell room after
coming out; went and sat down one of the
benches after bathing my head Hewlett was in the
| lunch room; was on the bench until went to the
water closet
| Cross-examined-Cam in with prisoner at I2h
O'Clock; went on duty at ga O'Clock; did not see
| Hewlett at the office, until met him on the
beat; was called away by other officers to help ar
| rest man; Hewlett, Sprague and myself locked
the prisoner up; stood at his cell for few mnutes
lift andf Af 4INs,
proposed to go and see the woman; went and got
| the key there light burning some distance
from us; after getting tle key to the cell unlocked
the door aud went in; Sprague followed me but
soon went out; came back in about two minutes;
when he came back he said we had better be going;
remember hearing Sprague shut the windOw-was
in the cell door at the time; did not hear her make
any outcries; while was in there she put her arm
around mel she said l was hurting her shoulder
when had my hand there; Sprague after shutting
the window, said some one on the outside; did
not say that the captain might go to the DEVIL the
woman was drunk at the time; only drank glass
of spruce beer after going duty; during the eve
ming drank some beer; at the lake drank some
beer in the afternoon; was in the cell about fifteen
minutes; Sprague came out of the cell room after
did; after leaving the cell we stopped and talked
about the woman; never knew the woman before;
the woman objected to my putting my hand on her
shoulder did not turn the gas down.
e. ID. MoFarland-Eaton was in my charge after
being arrested; he told that Sprague was in the
room with him; he said that he did not go into the
cell
cred that if Eaton was guilty of an offence,
Sprague was an accomplice, His actions in
warning Eaton and closing the window, make
him an accessory to the crime. He did not
charge Sprague with any such crime because he
did not consider Eaton was guilty of the Of
fence. 1t was an act OF indscretion on the part
of the officers to enter the cell, and Eaton was
guilty of gross misconduct and deserving the
seYerest apprehension; they ought not to be
retained on the force. A common prostitute is
claimant upon the protection of the law as
much as the most virtuous person, and if the
crime is committed upon either, the perpetrator
must be punished. The woman has shown by
her repeated stories that she is not to be relied
upon; and can person of this character, by
her testimony uncorroboratcd, convict person
of any such charge? man that has held the
public confidence ought not TO have his liberty
and honor sacrificed by any such testimony
The testimony of the woman is not corrobo-
rated, and she is well known as a criminal,
while Eaton's testimony has been taken again
and again in this court to convict men; and is
he TO be broken down by any such person? Mr..
Aldrich then proceeded to thoroughly review
the entire testimony, and closed his argument
by calling on the court not TO hold the prisoner
on this grave charge, that may send him to the
state prison for life, on any such testimony.
I. l.. Nelson, Esq, in closing the case for the
government, called attention to the fact that
the preliminary examination was for the pur-
pose of having the prisoner held for trial before
higher tribunal, if there is evidence sufficient
IN hat and ba
are strong suspicious, even excited by the pris-
oner's own testimony, to warrant his being held
for further trial. The woman was placed in the
cell in an intoxicated condition, and there
visited by man sworn TO protect the legal
rights of all citizens. Officer Sprague has VIC
lated his duty by allowing another officer to
enter a prisoners cell without attempting to
prevent it. The testimony of Kelly shows that
the wOman's cries were heard after the men left
the room together, which is evidence that he re-
turned and committed the offence for which he
is placed on trial. He then carefully reviewed
the testimony for the prosecution and the de-
Tense. and called attention to the fact that the
grounds were abundant for binding the prisoner
over for more thorough examination.
The court allowed that the crime was one Of
the most serious that can be committed, and if
the evidence is sufficient the bail should be
fixed at such a sum as to secure the appear
ance of the prisoner. All the testimony in the
case on the part of the government, leaving
out the testimony of the woman, shows that an
indecent assault is proved with it there are
grounds for the charge of rape. The life that
the woman has led does not throw out her evil
dence entirely, The testimony of her having
solicited Il man to have intercourse with her is
undoubtedly true. There are other facts in the
evidence to show that she is person not to be
believed. This woman, weak and sinful, was
arrested, locked up, and there assaulted indie
Gently by this defendant. | am not satisfied
that he entered the cell second time after
leaving it with Spraguc. All the testimony
points to the fact that Sprague was there while
Eaton was soliciting criminal intercourse with
the woman. There is not probable cause to be-
lieve that the crime of rape has been commit
ted, but that this woman was ndecently as