Evening star. [volume] (Washington, D.C.) 1854-1972, 1878-04-30
The National Hotel Out

" 'hN' Oh EdWard hay aIaS Major T..
Fl. Curt, alias Richardson, alias HoughtoD,
esarged with having, on the 24th of March,
1877, committed rape on the person of Miss
Ella Tydings, an orphan girl Of Baltimore. in
room at the National hotel, in this city, was
continued MesSrS. Cook and Corkhill for de-
fence, and District Attorney Wells for the
government; and the latter concluded his
argument abOnt O'clock. The defence offered
saying that they tended to confuse and en-
barrass the jury. He said the case had been
tired with considerable zeal; wonderful too,
on the part of the counsel for the defence, as
they said that they received nofees. IT was
bad plan on the part of counsel to throw the
weight OF snch statements into the jury box,
speak OF 1T as mildly as possible, and did not
wish to see it repeated in his court. The Brit
ISL Parliament made rape felony, punishable
with death, and that law stands in force to-
day. After defining rape he said consent must
be granted to relieve the party from the con-
sequences of rape; The crime might be com
tanned by fear OF death or dureSs, or threats of
serious bodily suffering, or fOrcible detention
Of the body OF the woman. In treating of
crimes of this character they ought to consider
the evidence as to unlawful detention. A sub
mission obtained through duress would not
relieve the crime at all. and it was
consent were given. There could be no
rape or duress unless woman reSists.
Her resistance may be overcome but
she must not give the consent Of heI mind.
sometimes there may be no real resistance
only feigned but that is not the kind the law
demands. In considering this case he wished
10 say that some twenty books, and doctors
writing in periodicals, say there cannot be
any such thing as rape. No man of sense
would write such nonsense. The experience
Oh snoasa nc OF years has demonstrated that
on grown woman. Centuries give the lie to
the assertion. Rape can be perpetrated and Is
evil i'm the community. In this case they must
consider the strength of the parties. Was the
man. twenty eight OF thirty years of age, in
full, vigorous strength and possessed of all his
vigOT? Was the woman a BILE to cope with him?
Ii he is strong and she weak, why there is
strong likelihood OF her being OverpOwered.
III girl is only fifteen she has not the strength
OF full-grown woman OF the mind to control
herself, and knows not how to protect herself
They might consider all the circumstances i'm
the case-hOw the girl was taken to the hotel.
allowed no opportunity to become acquainted
with It's plan OF people, and in her condition of
mind and position he did not think that he in
terfered with the province of the Jury to saw
that she was in condition to give assent to the
act committed. III she submitted even, though
only partial resistance might have been made
her submission went for naught, as the cir
cumstanceS did not warrant a ready consent.
IN eases OF rape there were always concur
ring circumstances that 20 to support the
charge. Marks of violence and signs of grief
come under that head. Il the girl was pre-
Vlously of good fame will also be considered
as point In the case. In the present case the
character OF Miss Tydings previous to the
III.
But one woman, a harlOt of Baltimore, had
said that it was doubtful, while numbers had
been put on the stand 10 show that previous to
that time it was good. He could not think
that the jury would allow the evidence of
that one harlOt to outweigh the testimony of
respectable citizens. Because the counsel for
!he defence brought an array of leWd women
into court to prove specific facts Of immortality
since the I'D of March by Miss TydlngS they
must not regard or consider it as evidence. it
was an effort TO circumyent the ruling of the
court, affect the Sympathies of the Jurors and
operate against Miss Tydings. He regarded
II both as an insult to the court and jury and a
!i!ck which he took occasion to reprove. They
might consider that every one of those women
would have sworn falsely if allowed to 90 on
me stand Look at what the effect Would
is charged with violating the person OF this
young girl, blasting her reputation and send
ing her down to deep disgrace? Why, the
prisoner at the par Can he, after committing
such crime, being detected, brought into
court and put upon his trial. be allowed to
show that since he ruined her, the girls life
had 9eeh an immoral one? Certainly not,
the TACT was only an aggravatiOn to be counted
against the criminal They must consider as
fH IN Kane to give probability to
and overwhelming grief and the haSty fleeing
OF the prisoner after the crime had been COM
mitted; her making known the deed soon
dltef IL was perpetrated, and the condition in
which her body was found on examination
as well as that of her clothing. In regard to
Ihe DOH ON the connecting door on her side
he. did not think any doubt could be enter
tanned put what the prosecuting witness told
the truth, and the fastening that should have
been was not there, He bid the jury take the
gave her consent and was forced 10 it by Ilu-
reSS, that was no excuse for the crime They
could weigh his testimony to suit themselves
must be satisfied of his guilt otherwise they
could not convict. But there ought NOT to he
any any reasonable doubt about it, for the case
naG oeen strongly presented and argued.
The jury at $40 pm. retired.
WAITING FOR VERDICT
This morning, Immediately after the court
1d:12 O'Clock, having been out Is hours and s.
minutes: In answer to the question: Have
You agreed upon your yerdict?' Mr.: E. p.
es asS OF sas The aee on
IS question of evidence" The Court IS said id
thaf he could not discharge them, and they
could eora, Try It again After consultation the
MAS any chance OF reaching an agreement
Inc Court said that sometimes they did not
know what they could do until they tried two
or three times This is the second trial of the
case, and it had been well tried. 1t would be
a matter OF necessity before he would dis
charge them without verdict, and they could
t tSai again. The jury thereupon returned to
While the jury was out there was much
speculation as to how they stood, and it was
pretty generally conceded that last EVENING
the ballots stood 10 for conviction and for
aae4uittal, and that this morning they stood s
TO and to for a time, and that since their
retirement from the court room today they
stand II to l. Up to o clock the jury had not
agreed upon verdict.
SOUTHERN OUTRAGEs.-A meeting of coored
citizens, called to take action in reference TO
reported outrages on the colored people in
the South, was held at Lincoln Mission last
evening Rev. Mr.. Sampson stated the object
OF the meeting, and an organization was
dent and Mr.. Z. Nash secretary Short ad.
dresses dress We're made by Messrs. Thomas, of
Mississippi; Campbell, of Georgia Simpson, of
Texas; Laws and Howard, and resolutions
were adopted cOndemning the White Liners,
kuklux, Knights of Camelia and other sOcie;
ties, whose sole object, the speakers claimed.
to be the determination OF the cOlOred race.
BUILDING PERMITS issued by Inspector En-
tWisle: Lewis j. Davis, construct three
story brick dwelling, Connecticut avenue,
near street northwest; ST., 500 August Gus,
d0ri, repair frame dwelling, 1906 It'll street
northwest s75: Allison Nailor, repair frame
building, 1871, between C and b streets north,
west; $3.50 James Linton, repair a brick
building 131b Strapf north ,uaSf 1OS N w