The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-08-06
EMMA BAKERS CASE.

CRIMINAL CHARGE OF OUTRAGEOUS ASSAULT
MADE AGAINST IRvING-HE Is HELD IN FIVE
THOUSAND DOLLARS BAIL.
Alter the lapse Of month Emma Bakers criminal
suit against Joseph Irving up again for consid-
Grafton yesterday In q criminal court Tho phenoms-
nal character OF the case the strange discrepancy
tween the ages Of the complainant aud defendants
aud the circumstances which most instances
seemed to have counter to the ordt
nary laws OF nature commen led II to public
attention and drew together number OF people
anxious 10 learn Of It's disposition. During the courS
Of the aisernoon tho plaintiff appeared with he'
mother ana was closeted In The JUDGES room
Emma seemed to have suffered since her last ap
pearance in court She was paler than before, and
in her aspect more sedste and womanly. Ia her
light attire, however, the tenderness Of he's
years not concealed, and her appearance did mol
belle counsel whom she was referred TO a. child
Mr.. Irving sat among tho audience during the
holding OF court, and later on IN the exam
nation room he betrayed anxiety. oven when the
prosecution attacking him most bitterly. Couu-
seor Stincr took the lead In the defence As FOR the
prosecution, several interests had become identified
with IL There wero Messrs. Howe Il Hummol on
behalf OF the District Attorney Major Moab, repre-
seDtng, tho Commissioners OF Charities and Correc
sna os tho 10 sh"n
Al three O'Clock Judge Murray entcrei the cxam-
ination aud received tho credentials Of Aessrs.
Howe hummel ana confirmed the aulnorIty OF
other counsel acting In tho case.
CHARGE
There a lew moments spout In prelimusries,
and ,hsn Counsellor Howe opened the wordy STRIFE
He said ~ uudsr-tand that a melton 10 adjourn
this case Is contemplated by the defence rney are
shielding shI,n. Joseph Irving from charge o.
make. II charge OF outrageous assault
that should DO taken against this hoary headed
mn mt 4 / In thA Ssslin n
tne G urt OF Oyer aud Terminer my language would
be moro marsed ThIs case, In especial way. COM
you mat outr assault has been committed.
shall ask you to take churse against thus man. tor
think n all tho machinery Of the Law should be set
in motion against hun hs could not atone
10 the public for tho heinous crime with
done MO chilI.r Here Counsellor stiner interrupted
with plea that tns arrangement IN the face OF the
defence was untitnsiy aud he moved to adjourn toe
procsediaRs sili the iatters return from tno White
Major Noah opposed this notion and said he un.
dsrstood the defence going TO appeal, bus
lrying's counsel assured him that they harbored no
10 set the bastardy proceedings down Tor Ssptembss
CANNOT lie BOUGHT.
Mr. Howe then took ny tho thread Of his complaint
.this IS not an ordinary csse.'' he SAID. at Ii
child OF thirteen whom we claim, has been outraged
This man has r,gnt which he can ASK mo.
me- nts delay. We claim no has peTpctrated out
rage Tor which nc must answer TO tho public, and
hero arragn him Tor the outrage Of this little child.
| arraign him IN the presence Of the mother
which sho Is member This Is a beside which
Cassnas sinks into insight Hero Is she living
evidence OF shame tbss appeals TO not 10 lot this
man 20 unpunished He can't spirit this girl away.
He can't buy her mother or her friends This must
have satisfactory ending. ! INTRODUCES her to YOU
mIttcd one Of the gravest iconies Known 10 the law
II not, lot the complaint be dismissed"
Counsellor Stiner protested.
Isi the com plant Tor outrageous assault. be pre-.
pared, was the d,ctum OF tne Bench, and Counsellor
Humne lod Emma Baker TO table, where now
affidavit was drawn UP, TO which she subscribed her
signature. In II she rccountcd anew the alleged
tons OF Mr. Irving IN tho stable behind his residence
al No l6 Vandam street, IN Tho OF 1875 and hes
subsequent meesing with nm five months ago and
It's consequences rho story was substantially the
Same she submitted to Judge Murray at the time OF
the 1rs complaint When u was complete Counsel
or Hummel read !. aloud and his associate. Mr.. Howe
rising 70 his feet pointed 10 Irving aud said, Il ast
that this ain iuvit that be held outrage"
ONLY CHILD. t
Counsellor Stiner Warmly disputed the compaints
OF the aud held that the facts rected In
The now affidavit had appeared IN sho old ono aud the
last lid be tak en- as par and parcel OF the other
Howe took exceptions, Carpenter was his feet and
shere WAS quite = clanor among counsel whsh
s,iuer's claim that tho girl had made no ou,cry OF
| resistance and could not com plain OF Outrageous
| assault, did not at all tend TO aoate.
Judge Murray. however. settled that point 'lf
this grown person." no said, "and claimed 10
have been outraged against her will, the Aiiencs
delay in exposing her wrong would look suspi cioua
But when NO remember the age OF this little girl AZ
the time OF the alleged outrage, understand how
coercion would overcome resistance and fear would
| impose silence"
Counsellor Howe here 70 oennrm this
view OF the case, and referred 10 the
case OF y who was charged with ootraging .
! girl and made tho defence, but Judge Glider
sleeve guored q and mig hor court sustained him.
Mr. Hummcl here say that ~ the AFFIDAVIT was
submitted and the prisoner vas IN oooss he 3houd as
once De put under on tho now charge AND hold
| to answer for it. .
| Counsellor Stuer objected.
''rbc dcie ndant had anything against him but
| this charge" pleaded the defence
.'Thaps quito enough TO send him 70 Sssts Prison."
urged tho prosecution.
The upshot OF II all was that warrant was formally
issued and Irving was put under arrest That he 10
already under 81. 100 bail put forward q plea
! to tighten that imposed In suit
| "Rcnembor Cassiuas," tho pro secuton suggested;
''this mans should be twice heavyp
"Fivo thousand dollars will satisfy justice said
tho Court and IN default OF that amount the prisoner
who had No msans OF communicating With mis- friends
at so lafo hour, was ncld IL answer.
The day of exaiui nation on tho plant has
not been SET down yet but tho defence claim that
they disprove the charges just stoutly the
proaecutl n hold they can DO naintaned.