National Republican., 1880-12-30
A SUDDEN COLLAPSE.
THE MARY TROUT CASE ABANDONED,
District Attorney COrkhli Gives n Up, and the
Prisoners are Acqnitted-Judge James In.
dnlgcs in Some Con,ments--Mary
to Return TO Chaste Boston.

| The rape case that has been before the Criminal
Court for week pnst-in which Miss Mary Trout,
Of Boston, was supposed to have been tho victim,
and John Rocco, John Norris, Frank Burch, and
Harry Hardy the hardened villalns-camc TO q
sudden ending yesterday morning, not altogether
unexpected, for the evidence of the day previous
demonstrated that the Governments case was rap
idly weakening and in danger of falling through
ut any moment when the evidence for the prose-
cutlon closed one ofthe defendants, Harry Hardy
had not been implicated In the affair In any man
ner, and the motion was made for his discharge at
that point on the ground of failure to connect him
with the crime, but His Honor deemed II best to
cases terminate together. Yesterday morning,
when the court reconvened, oil the jurors We're
present put Mr. Hulse, and 1t was thought tha'
sickness had again come upon him.
COLONEL coRKHILL GIVES 1T Up.
A few minutes only was spent In waiting, when
District Attorney Corkhil requested tho attention
fthe court He said that the duty Of aprosecut.
ing officer was twofold-frst TO see that the guilty
were punished, and second, that the innocent are
not punished, This crime had attracted n great
lie place % IN When Il said o 10 have been @ COM
mited, but the numbcr.of parties said to have par
ticipatcd In the outrage. The grand jury took
request the speaker himself went Into the room
and examined the witnesses that came before that
At that time, after hearing the testimony, he had
grave doubts of the guilt Of the parties accused,
but the grand jury thought II proper case to
lay before q petit Jury for hearing. He had done
all to the extent Of his ability TO bring out the
tire hcts In the case, and let the court and jurors
sec II in the true: light, Nothing more could be
accomplished than had been done. He must say,
however, that the evidence for the defense last
Tuesday had SO shaken the prosecution that, upon
consultation with his assistant and the court, the
Government had come to the conclusion to nban-
don the case.
Assistant Distrlct-Attorncy Perry said that under
the great conflict OF testimony and pcCulinrities
surrounding the case, both of q mysterious and
doubtful character the Government would not
found on the girls undcrclOthing, II had subsc.
quently been shown by competent evidence that
this wls the result OF natural causes. The testimony
of the boy Huddloston was such that the Govern.
mcnt could not controvert IL. While he did not be.
lieve the boys testimony as to his behavior with
the girl still he was the only witness that the Gov
crnment had to corroboratc the testimony of Nor.
ris and Rocco being connected with the crime and
doubtless If he pcrured himselfin one instance he
did In the other
Colonel Cook replied that the statement made by
IIuddlcston was true in every particular and would
be corroborated by witness iar better known and
| probably more reliable than lIuddleston.
Mr.. Perry Who Is that?
Mr. Williams. Sandy IIawkshaw.
Colonel Cook, resuming, said he wished further
to say word In relation to Rocco. At the time
the oense is said to have occurred the records of
the Tenth Street Police Station shows that he was
| confined there for drunkenness.
Mr.. Perry hoped that the court would not dis.
| charge the defendants without first admonishing
them as to the life they lead and the danger they
| run.
JUDGE JAMES VIEWS.
His Honor said that he had followed the case
| very closely throughout, and was sorry for one
reason hat had lasted so long and that was that 1t
showed up one Of the lowest phazes oflow life in
this city, and ended by boy not yot sixteen years
Of age, admitting that he was male street walker.
| The only pdeeming feature was the part taken
| by the hackman, who, without pay, thought that
he was doing good service by taking the girl
from out the street and putting her under roof
He should direct the jury to return Il verdict OF
not guilty, which was done, and the prisoners,
were discharged.
Norris arose and going, to Messrs, CorkhIll and
Perry, thanked them for the course they had pur.
sued, and at the same time denied that he had
anything to do with the affair.
| Mr.. Perry advised them to be more careful in
selecting their company In the future, but turning
to Birch warned him that IL would be dangerous
to his liberty fever he got into the Criminal Court
again on charges.
The parties then LEFT the chamber, halting few
minutes In the pnssage.way to receive the congrat
ulations of their friends His Honor inquired II
Mary Trout was a witness and had received her
pay and If she had not he said he did not intend
10 grant the order until he knew how the money
was to- go.
| MARY TROUT no RETURN TO BOSTON,
Colonel Corkhill said that there were some ladies
III the room, reputable ones who would take the
money and send the girl to her grandmother In
Boston. His Honor thought that another course
might be found by which the safe delivery of the
girl In Boston could be Insured He then sent fol
Major Brock, chief of police.
On his arrival Tint official informed the judge
thnt sometime since he had received from the chic
of police of Boston, and of the relatives of the
forward her to that city. His Honor deemed thi.
tsa hest arrangement that could be made, and snit
that lie should not object to hor being delivered
Into tho custody of Major Brock. The record show
| that she has been confned In jail as Il witness
since the 23d of last July, and she received as fee
Slbg.