Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-12-28

POUR OF THE ACCUSED YOUNG MEN on TRIAL
Yesterday, In the Criminal Court, Judge
JaTnes,} the TRIAL OF the case OF John Rocca,
Henry Hardy, Frank Burch alias Frank S. Ven-
natta and John Norris, indicted for having. on
the 2ist Of June last, committed rape upon
Mary Trout. was continued after our report
clcsed-Messrs. COOK and A. B. Williams for the
defendants.
MIR. Hayden testified that Bush made state
ment 70 him, which he put upon the grand jury
book. to go before that body. He made another
statement at the District attorney Office which
witness recorded and placed upon the District
attorneys desk.
Mr.. Cook then asked that the grand jury book
be produced.
The District attorney declined to produce 1t
except upon the order OF the court.
A subpoena dltces team was then issued to the
District attorney for the grand jury book.
District Attorney Corkhilr said the grand
jury book WAS mere memorandum OF what
each witness could prove, and could In no
sense be evidence. II contained private men,
orahda as to all the cases 70 be tried this term
and he felt unwilling that Col Cook should
have It.
Col Cook.-You may seal up all It's pages ex-
cept that which contains the statement of En-
NETT Bush In this case.
The District attorney then. In obedience to
the subpoena dtceS t6CttH}, produced the book In
court but declined to submit It to Col. Cook
without submitting to the court some questions
which he desired to argue
Inc judge said he would hear argument
upon the subject to dag, and adjourned the
court.
PROCEEDINGS TODAY.
1hiS morning On the court converting the dis
cusSfOn OF the question OF requiring the pro-
ducjton Of statement made by Bush for which
subpoena dttCeS tecatIIt had been served on Col
C0rkhlll was resumed, la the course OF which
Col. Cofkhin said that he had book In court
e1t IL was not the grand jury book containing
Blu his statement, nor was there such book u
existence. After some discussion, Col Cork.
h,ll testified that he had no knowledge of
book containing statement OF Emmett Bush.
Mr.. Hayden was mistaken as to BuSh'S State
melt being In the book.
BUSH WAS RECALLED
and testified that he made his first statement
to Mr.. Hayden and had not seen It since; made
one to Mr.. Perry, which was retained by MIR
HAYDEN also. He denied having made certain
verbal statements on which he was questioned
The government having closed It's case with
tbs witness Mr. Williams moved that Hardy
te discharged.
The court said there was no evidence as to
him. and he intended to tell the Jury TO dis.
charge him, but he declined to do so at this
tire.
Mr.. Cook moved TO strike out certain parts OF
Bush'5 testimony as against ROcca and the
government making 10 objection the motion
was allowed.
TESTIMONY FOR DEFENCE.
The defence called q. S KoOnZ, of the Bal
timore and Ohio X. r., Nlo testified that no
train came into that depot from Alexandria on
June goth or at any time during the year.
DR.. J. j. Murphy, OF Columbia hospital tes-
tined that he knew Mary Trout by the name OF
Mamie Mansfield, under which name she came
10 the hospital July Is. Her health was excel
lent, ard he found no evidence OF any such
Injury as She alleged.
After recess a number OF witnesses for de-
fence testified. among them Lieut.. "a. ECkl0ff
who testified that he first met Mary Trout at
pol &c headquarters Ia the early part OF July,
ana she then gave the name OF Mary Mansfield.
She was under arrest, and she conYerSed about
the outrage, and said she was sick when she
came here; but she did not state the exact
date.