Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-04-15

TRIAL. OF TON sNoTHEEs.

HE Lena LENS outrage Case
TRIAL OF TON sNoTHEEs.
In the Criminal Court Judge James, the case
of Tom Smothers, colored, indicted for rape and
attempt at rape on the person OF Miss Lena
LENS. On the night of February 9th, was re-
Sumed this norning-DiStrfct Attorney Corkhll
and Mr.. X. X. Perry for the government, and
MesserS- Benjamin Davenport, assisted by How
ard G. Clagett, for the prisoner.
There was even smaller attendance to-day
than on the previous days The jurors were
TheO G. Ray, stated that he was much better
and was prepared to proceed with the trial. The
witness under examination on Tuesday after
noOn-Dr. J. w. Bayne-resumed the witness
stand, and testified further to the injuries of
Miss LENS, showing that the crime had been
committed Her voice became almost indistinct
and SO continued for some weeks; the tempera-
ture OF her body became such as to excite alarm
but these symptoms gradually passed away On
the 4th OF March ne made another eyaTnina-
lion. more minute than before. She was con-
fined for month or more to her bed and for
some little time her condition was such that her
recovery was exceedingly doubtful.
MT. Davenport croSS-eXamined Dr. Ravne at
some so iehgln as 10 the wounds and he described
them, the cut on the head penetrating to the
Done, but not indenting the bone The wound
Oh the ear nearly cut or tore Off the rim of 1t
and ms impression was that it was made by
fock held IN the hand OF the aSsailant out &c
may nave been made by stone thrown. rat
me CONCLUSION OF DR.. Bayne'S testimony several
ladies came ln.l
IoIh street n e.; was boOkbinder and paper
ruler at the Government Printing ONCE. Look
ing at the plat witness said the distances
marked thereon were correct for he had
measured them on the Sunday morning after
the occurrence he saw the place where the out
rage was committed, and saw blood about three
feet from the fence, and thirty-nine feet from
the south line OF ID street. He then described
the lamp posts and said that nothing interviewed
between the spot where the blood was and a
lamp on MARYLAND avenue except tree boxes.
1 CfI nafc, III ia
the place The lamp on Maryland avenue was
about $50 feet off.
Cross-examined. you not very much
interested in this case? Witness remarked
Ihat is hardly fair question" but answered
lhat he was He arrested or stopped Smothers
On SATURDAY. night, having heard his description
at the meeting and knowing that If he took him
there 1t would be the last of him. let him 90 and
quietly asked Lieut.. Austin to send him an Of
ncer on sunday morning. which he did. Was
n0l member OF any vigilance committee or
committee OF safety and had not attended any
Indignation meeting; did not approve OF them:
bad been appointed on a committee at meet
Ing, but was not present.
Mary Mccarthy testified that she lived on
the south side OF ID, between 9TH and sth Sts
northeast. POINTED out her residence on the
pat.l Her house was about 20 feet WIDE Rec
objects That on the night of the outrage about
~ minutes past O'Clock she was sitting in the
front door, and party came towards her think
ING mat she was the only person there, and all
at once she saw him drop something. She
thought at the time that it was sack He
dragged II along the fence towards the lot, and
she then went into the house and locked the
door, and in going in her yard she heard
some One groan. and she haIloed for the
Officers AT ~ minutes to . o'clock she saw a
woman going away from the lot towards her
nome. Inc man who came up from her fence
ana passed her door had side WhiskerS Saw
Smothers the following sunday at the station
ana Is perfectly sure that he is the same man
she saw dragging the sack. He had side
whiskerS then. mfr Perry remarked that they
che 81
since he had been in jail.) This was the same
man, and she identified him now as the same
Cross-eXa1nlned by Mr.. Dayenport:-It was a
very dark night. and when she saw the drop
she was frightened; went into the back yard be-
cause she thought something was wrong and
GalIed police" but no one seemed TO hear her
Inc groah appeared TO come from 81 feet dis
lance; could not say when she first saw the man
whether he was White or black but he was a
tall man.
a recess was taken to 1915. and the witness
resumed the stand for further croSS-eXamina-
ton. At the station she stated that she did NOT
know whether SmOthers was the man OF not be-
cansehe did not have long coat on;she could not
describe ms Wh1SkerS except she thought that
they were short; identified him by his face and
could have been more certain if he had had his
hat or coat on.
Redlrect.-wftness keeps little store and has
a light in the window; saw the blood the next
morning.
By Juror.-Witness reported that She saw
the man drop something and drag IL.
Samuel G1lam rather rough looking colored
man. testified that on the Friday evening the
Ct me was committed he met Smothers whom
he had known three years. about O'Clock and
had some talk with him: found him standing
oy feed store on Maryland avenue between
IN ana Sth streets, and remained with him till
the clock struck :; left him at Mr.. Snyders
store. near by. About three-quarters of an
hour a1teI wards saw him again coming round
by the feed store, and he was fastening up his
pants-the lower part of his pants Witness
asked him TO go into Snyder'S, but he acted like
re did not see him. In the conversation at :
O'Clock SmOtherS had told him (WitnesS) to 90
home. N1tpess asked how he was. and he said
Pretty peert." Witness then asked him to 90
10 SnyderS and he said, mo, You had better 90
home and witness went
Cross examined by Mr.. Clagett-Witness
drives stock in the summer and works for Mr.
Juennemann, washing beer kegs and makes
good living.