National Republican. (Washington City (D.C.)) 1872-1888, 1876-07-24
TEE CHARGE OF RAPE.
Rr. Boswell Held for the Grand Jury.

Er. Boswell Held for the Grand Jury.
In last Saturdays NATIONAL REPUBLICAN
an account was given Of the arrest of Mr.. E.
V. B. Boswell, druggist, at the corner of Sew
enth street ard Virginia avenue southwest, on
a warrant sworn out by Mr.. Fitzgerald, charg-
ing him with an assault with intent to commit
rape on his daughter Maggie, aged ten years.
The Gaze came up for trial in the Police Court,
before Judge Smell, last Saturday.
Maggie NJ. Fitzgerald, who is the party COM
p'ainant, is an intelligent child and testified
that Thursday she was sent TO the school of
tie Sisters of the Sacred Heart on Virginia
avenue, near Seventh street, to take music
lesson. On leaving the building and passing
the drug store of Mr.. Boswell she asked him
for drink of water, feeling thirsty. Mr.. Bos-
well took Ter behind his counter and gave her
some water, also some soda water, when he
took improper liberties with her and made in
decent proposals and made the assault. She
first protested and then resisted him. She
got away from him and went Immediately
home and told what had happened.
This was the only testimony offered for the
Government, and there was
CALLED FOR THE DEFENSE
Jas. F. Dawson, clerk for Mr.. Boswell, who tes-
titled that he was present when the little girl
came in and asked ior a glass of water, which
was given her, and she went out into the
store. Witness was in the back room, and
several others came in for water Immediately
afterwards. Witness described the situation
of the store and the rooms, and said he could
not see him all the time while the girl was in
the store. He testified that Mr.. Boswell had
been an invalid for several years, and as to his
character it was too well known and estab-
lished in this community to need any state
ment from him.
Cross examined: Witness was present from
II a. m. to 4;30 p. m, all the time. There is
no place in that store which cannot be seen
distinctly by passers by, and he did not see
the child alter she got her drink of water and
passed out.
Thomas J. Thompson testified that he went
into Mr.. Boswells store about II O'Clock, and
took a scat in the back room, AID remained
there come time. 1t was very hot, and he
saw this little girl in the front store walking
about, and saw her leave to go. There was
nothing of the kind took place at all.
When he went in the little girl was playing
about in the front store, and looking at the
things in the show case.
Mr.. John E. Norris, counsel for the defense,
said that
THIS WAS SERIOUS CHARGE,
and one that would affect both a mans integ-
r:ty and business standing. He would, if ne
cessary, bring hundreds of persons who would
testify 10 Mr.. Coswell's good character.
His Honor thought that it was a case some
what difficult 10 understand. 1t was beyond
his comp ehepsion how this kind of cases could
occur, but they did, and that with astonishing
frequency.
He was not willing to believe that the little
girl, who had been so tenderly reared and ap.
peared so innocent, would come into court
and tell such story if it was untrue. 1t
was beyond his jurisdiction and he should
send it to the grand jury. The bonds were
fixed at 81 Goo, and furnished. Much of the
sympathy of those in the courtroom ap-
peared to be with the accused, and as he pre-
scented double the evidence of the prosecution,
which was as positive as theirs in his favor,
it was thought that he was more sinned
against than SHINING.