Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-04-16
The Lena Leins Outrage Case.

OF Tom SmOtherS, col0Ted, indicted for rape and
attempt at rape ON the person OF Miss Lena
LENS, on the night OF February 9th, was COR
tlnued after our report clOsed-DiStrict Attorney
Corkhill and Mr.. r. r Perry for the govern
ment, and Messrs. Benjamin Davenport, assisted
by Howard c. Clagett, for the prisoner.
The cross-exaInination Of the colored witness,
Sam Gellam, was continued. He testified that
he hadn't received any money for testifying and
didn't expect any. He did not want pay fer
telling the truth. He had never told Mr. Wash
irgton that he knew nothing about Smothers.
IL was o'clock when he left the brewery, and
when he met Smothers he remained with him
until the sun jamned down clear out of sight
and then Tom told him ito go along home "
| This witness caused considerable merrfment
| stating that he had been down on the fishing
shores since February lst, but he didn't want to
| 60 again, for 'de first thing they did with him
| was to souse him liz the water, and he'd rather
| work around the brewery any time.
| Mr.. Davenport asked when he first spoke OF
! these things, and pressing the questions rather
| lively. witness fmpatientiy said: ~ told abont
1t in Mr.: Juennemanns. and the police heard it.
| Look here sir, them sarkeys that is talking to
| you is making all this imagination"
Re-direct-It was one week after gmothers'
arrest when witness went to the fishing shore.
Din the early part OF March,
MRS. Mary Ofenstein testified that on the
evening Oh the outrage, az 1:15 O'Clock. she went
from her house, 18th and ID Streets to ST.
JOSepnS church, corner OF and I'd streets:
coming west, when near eth street. she saw
Smothers on the northwest side of 18th street
and Maryland avenue, where ID street crosses
those streets. He was standing by a tree-box:
had on light pants and long black coat, dark
vest, white bosom shirt and dark SLOUGH hat
the lamp was lit, and witness saw him fully; he
had muStache, side whiskers and goatee. Will
he stood there a cOiOred woman passed him with
a basket On her head, then white lady passed
MIN: witness saw the man cross from the north
to the south side of Maryland avenue; thea he
stood at tree-box On the southeast corner OF
9TH street and Maryland avenue; witness saw Nc
more; witness could pick the man cut of a hun
bred; that is the man, pointing to Smothers.)
except the Whi5kerS and gOatee fSmothers
stood up.I That is him. but somebody has
shaved him.
Mary Onenstein, IL years Old, was called.
h.T. Perry.-Mary, do you know where chill
dre- Will go who do not tell the truth? But
your honor, don't know myself, so perhaps
you llad better question her.
Judge James examined the child and said
she was competent TO testify.
She testified that On the night Miss LENS was
hurt she was going to church with her mother,
ana saw man standing by the tree-box; she
said to ner mother, ''Hell hurt somebody sllre;'
he was tall cOlOred man; witness Identified
Sr others as the colOred man she had seen
standing by the tree-box; the white girl who
passed SInothers, who stood by the tree-box.
was Frances Crosse; she was going to the same
church TO which witness went.
Detective McElfresh testified to having a con-
yersatlon with SRiOtherS In 4 room adiOining
that In which District Attorney Corkhill and
Miss Ieins We're placed; the door was left a1ar:
Miss LENS afterwards said that the man who
spoke and whose voice she heard was SmOthers
The court, at O'Clock, adjourned.
FOURTH DAY.
This morning there We're only dozen or two
spectators present on the opening OF the court
besides the jurors. counsel and court officials
number OF ladies' subsequently came in.
The first witness called was W. II. Hofseman.
VINO testified that he was lamp-lighter, and
on TIE 2tth or FEBRUARY he was engaged In
lighting lamps, and remembers that cOlored
man, &bOut sl:10 or I:i5 O'Clock, approached him
at the corner OF East Capitol and Sth street.
and requested him not to light certain lamp
He was liz the act OF lighting the lamp and the
man said: Don't light that lamp; il is too
SOON" Witness replied ~ guess know my
own business" and lighted the lamp. Witness
described the man as tall colored man, with a
slouch hat ana dark Clothes and thinks that he
had small piece of muslin On one thumb. Wit
ness identified Snother'5 as the man. and said
he had the same kind OF pants On now. This
was about four blocks from Sth and streets
and 1t would require only about three minutes
to walk it.
Cross examined.-Witness lights quite a num-
Der OF lamps and thinks ne commenced to light
that night at $50 o'clock fixed the time of see
1Dg this man by the time II takes him to go over
his route. Witness gave his route In detail and
SAID 1t TOOK him usually enc hour and ten
minutes. The man walked towards him rather
brlskly from the north, and walked away in the
same direction.
Miss Frances Gross, residing at 1901 Maryland
avenue testified that she remembers on the night
OF the occurrence that she went to st. Joseph's
church, leaving home at five minutes past !
O'Clock, going aGWn the right hand side of Mary
land avenue TO the reservation and near the
tree-Dox between 9th and eth streets; saw
some one but did not notice whether it was man
or woman, only remembers that it was dark
FORM and she made detOur; she was not ex-
setly frightened, but thought it best to avoid
the person. for one does not always know the
object OF people. She saw Mrs. Offenstein and
her daughter In the park after this.
CroSSexamned-1t was about three squares
rom her home when she saw this party, and
she was walking slowly at the time 1t was
very dark night. The figure was at the second
or third tree box on that square.
Andrew Kramer, small boy of ~ Or IS years.
testified that he lives on 18th street, ana ON the
night OF the occurrence While on his way TO
church with his sister saw a man standing near
tree box. and he was about as high as the
uee DOX. didn't know whether he was white or
black; he was on the north side or the avenue
Maggie O'Donneli. very small child was
called, but the court and counsel thought she
was too young to testify.
Lizzie ButteTbaugh, an intelligent looking
little girl or about 13, was examined by the
court, and Judge James said she knew as much
as any one as TO obligations imposed by an
oath. She testified that she lived on 18th street
and ON the night OF the occurrence she, with
other children, went to st. Joseph's church
going down Maryland avenue, and noticed that
there was a man standing behind tree box
about half square from Mrs. McCarthy's gro
Gerry between 9TH and Sth StreetS.) 1t was a
c0iOred man, very tall, higher than the tree
pox; dressed In black coat, light pants and
SLOUGH hat. He turned around as they passed
and she saw bis face; did not know that she
ever saw him before.
Ihe CoGft.-L0ok around and see il he is
here.
Witness looked around and pointed out
SmOtheTS, who was seated by his counsel.
On cross examination by Mr.. Davenport she
said she was only 10 years or age. She had been
10 Jail 10 see this man. and no one had showed
him 10 Ier; she picked him out. Witness was
crying at the jail, and no one patted her on the
back aud said that she must pick him out. She
picked him out herself.
Detective James A. McDev1tt testified that
Messrs. Flinders and McEfresh accompanied
him and the preceding witness to the iail.
Mr.. Davenport objected TO testimony as to the
visit TO The jail, and TO save the defence from
taking an exception the question was with
drawn.
Mr.. Corkhill stated that ii was perhaps due to
Mr.. MCDeVitt TO say that Mr.. Davenport dts
claimed any reflection on Mr.. Med. Mr.. Cork
hill intfmated that the mode OF questioning as
pursued by Mr.. Davenport was unprofeSsiOnai.
Mr.. Davenport replied that he had done no
thing unprofeSSional; that he had a right to
PROFOUND the questions he had propounded and
ascertain whether the witness had been tam
pered with.
Mr.. McDevitt-I deny It, sir
The court-Mr. McDevitt, you should not an
Swer.
Mr.. Davenport said he made no reflection on
the witness, and he desired to say that he old
hot wish any Instructions from the district at
tOrney.
The court directed all parties to take their
seats, and said IN future that he should no.
allow them TO address each other, but they
should make their objections to the court, Mr.
McDevit was excused
Miss Lena Leins was recalled and testified
hot hon.