The Grange advance. [volume] (Red Wing, Minn.) 1873-1877, 1875-08-25

is IN her 22d year; he, it is said, is about
50, certainly very much older. than she.
He began a conversation with her, which
she could hardly repulse. She conversed
with him; it is sfor;you to say whether.
there was anything l., her conversation
which the most innocent girl might not
have said to any one who seemed respec-
tables and whose demeanor' toward her
was respectful. She carried on that
conversation with him until they got. to
Working, the greater part Of an hour, and:
there was nothing until they left Wok.
ing to complain of. Whatever there is
in the case to affect the defendant in re-
spect to the grave charge occurred be.
tween that place and Esner. He put up
the window, and it is suggested that it
was to prevent her screaming from being
heard: and that he anticipated resist.
ance; but it might also occur
to him that whatever happened ought
not to be open to observation. You must
ask yourselves whether he had made up
his mind to use irresistible force or
whether he was hcs!tating; and if you
-
was hesitating, and could not make up
his mind to use the last extremity of
violence, then he is not guilty upon this
charge. Yoa must take yourselves there;
you must picture to yourselves the scene
US it occurred, and remember that, as she
herself said, she was r5Wcrless The
question is not whether he intended to
compass his object partly by force, partly
by persuasion, and partly by exciting he:
passions, but whether he intended to use
all the force of which he was master, and
to use brutal force to effect his object.
You will not lose sight of this-she was
able to get up and go to the window,
open 1t and put her head out. She could
not say exactly how it was; she did it in
that moment Of supreme terror. She was
then in new danger, danger to her
life; but she was able to do it and did it..
1t is true that the young lady says that
just before one of his hands was under
her dress, and that she had an impression
how the other was occupied; and, as it
cannot be doubted, after the evidence
OF the two gentlemen called,
that his dress was unfastened, you may
be of opinion that it was then that it was
done. But still that does not prove an
intention to commit rape, and if you
are Of opinion that he intended most
wickedly intended partly by force, part
)y by persuasion, and partly by exciting
her feelings, to get from her reluctant
consent, and that he did not intend to
obtain his objsct by force and violence
alone, in spite of any resistance she might
make, then it would be your duty to &C.
quit upon this charge, for it would not
amount to the attempt to rav:sh which is
charged. 1t would be impossible to put
the question more clearly to you, and
you must bring your intelligence to bear
on it. If you are satisfied that he in.
tended to attain his object by force,
whatever resistance she 1nig hit make, then
you must convict upon this charge, but if
not satisfied, or if you are in doubt upon
it, then you must acquit him on this
charge, though you may feel bound to
convict him upon the charge Of indecent
assault, Oh which no one can doubt he is
guilty.
The Jury, who had given throughout
the most dispassionate demcanor 20 the
case, and had listened to the observa-
tions Of the learned Judge with the
closest attention, then retired to consider
their verdict. After being absent about
quarter Of an 'ho:r, they returned into
court with verdict acquitting the defcn-
dant upon the first, he gravcr charge,
but convicting him upon the minor
charge Of an indecent assault.
THE SENTENCED.
The learned Judge then, addressing
the defendant, proceeded to pass sentence
as follows: When, he said, the story of
this case was first published, thrill of
dishonor went through the country.
When it was heard that young and in
nocent girl, travelling by the ordinary
conveyance, had been obliged to risk her
life in order to save herself from gross
outrage, every part Of society, every
household felt as if it had received per.
sonal injury; and when the country
heard that her assaiiant was agcntlelnan,
soldier and an officer, an officer high
in command, it felt fear and horror,
and, think may add, disguised. New
crlheless, you have had what everybody
must admit to have been calm and dis
passionate trial; and that jury, Of whom
some fear was expressed, have known
how to discriminate between the charges
made against you. They have most hon
estly, most fearlessly. most properly, ab-
,lved you from the heaviest part Of the
charge, though they have found you
guilty Of that Of which no one can doubt
You to he guilty, As to the vOung ladv.