The Lake County star. [volume] (Chase, Mich.) 1873-current, 1876-03-09
Convicted and Sentenced.

NIT rape, and upon a preliminary ex-
animation had been committed to Jail
to await trial I'm Circuit Court. At the
opening of Court, last Tuesday, he was
arraigned and plead not guilty to the
charge. The main witness for the
prosecution was the complaining wit
ness, Arvilla N. Johnson, a little girl
between thirteen and fourteen years
of age. The prisoner had no witnesses,
and upon his statement that he had no
counsel, and that he was too poor to
procure any one, J. Byron Judkins, of
Hersey, was appointed by the Judge
to conduct the defense. Judge Burch
assisted Mr.. J. as matter of courtesy.
The prosecution was conducted by ID.
G. Warner, Prosecuting Attorney. AS
the case excited considerable interest,
there was quite large crowd present.
The girl was first sworn rs witness,
and told straightforward story of her
wrongs, her voice being often chOkcd
with sobs. She told about the prison.
er's having come to the house of her
parents near Paris, on the nth day Of
January, representing himself to bc
one Robinson, and that he wished to
secure the services of hired girl for u
minister's family named Watson, liv-
ing near Chase. He said the wages
would be So per week, and us the peo-
pie were poor, they were easily induced
to consent to let their child 90 with
the fellow. He had no conveyance,
and they set out on foot, at about two
o'clock in the afternoon. After they
had walked a number of miles, they
stopped to rest, sitting down by the
roadside. Here he first made indecent
proposals to her, and upon her reject
ing them and saying she would tell her
parents and the people where they
| were going, he showed her revolver
and made threats of shooting her If
she divulged the story of his talk.
When they reached the house of Bar
kos Burley "a brother of the prisoner,
and who was then absent, with his
family, visiting in Ohio, 1t was be-
ginning to grow dark. Not seeing
anyone moving about the house, the
girl was reluctant about entering; but
on Burley's telling her that the people
were away for few hours, OH visit
to some of the neighbors, and would
be back shortly, and seeing furniture
i'm the house, she became assured that
his representations were true, and ell
tered. He built fire, lit lamp; but
persisted in keeping the latter turned
down. She was sitting by the fire
warming her feet, when Burley came
up and endeavored to drag her from
the chair SO as to scat her on his knee,
and in the struggle the chair was over
turned, and both fell to the floor. She
cried out, when he released her, saying |
he would wait until after they had re-
tired. Tho girl now became convinced
that she was in deadly peril, and be-
gan to think how she might get away. |
Making an excuse that she wanted to |
60 out doors and see If the people of
the house were coming, she went to
the door, when Burley drew the revolt
yer, pointed 1t at her, swearing that
he would shoot her if she didn't prom
Use to come back. She told him to |
"Shoot away, he would get the worst
of it" She then ran over to the resi-
dence of Mr.. Smith, nearly halfmile
distant, told her story and received
protection. The prisoner made state
ment, i'm effect that no did not have
any revolver, and that he could prove |
il. He also, said that he himself told
the girl she had better go to the house
of one of the neighbors and stay that
night.
In telling her story the girl could not
be made to deviato, and the case as
made out by the testimony was one of
the most outrageous we have ever
heard of i'm that class of criminal cases;
especially when we consider the fact
that he was u strong man and she u
little helpless girl, $50 far US physical
strength was concerned. The case
was so plain as to leave little room for
doubt rs to guilt.
The Prosecuting Attorney made q
brief opening plea for the prosecution,
evidently deeming the case rs in evil
dence too strong to need much argu-
ment. Judge Burch replied i'm behalf
Of the prisoner, making an admirable,
calm and unimpassiOned plea to the
jury to lot their better judgment rule
i'm their decision, rather than their feel
ings. 1t was evident that he only had
slight hopes of an acquittal of the main
offence and conviction OH the lesser
one of assault and battery. He was
followed, after supper, by Mr.. Judkins,
i'm a still more direct appeal for an ac-
quittal of the prisoner. The argument
was then closed by d. G. Warner, and
Judge Wheeler gave his charge to the
jury. That body was only absent for
about ten minutes, when they returned
with q verdict of "Guilty." After
some deliberation, Judge Wheeler ask
ell the prisoner to rise and state, IL he
desired to, why sentence should not he
passed upon him. He had nothing to
say, and the Judge then pronounced
to five years hard labor in
the pcntentiary Mt Jackson.
So far as we can observe, the feeling
Of the people is in accordance with the
verdict and sentence. The prisoner
seems to be n reckless scamp, not pos !
sesscd of more than ordinary intelIi-
gence. We understand that he has q )
wife and children living somewhere.
The sympathy of the entire commune
ity where the outrage was committed
Is with the father and brother of the