National Republican. (Washington City (D.C.)) 1872-1888, 1880-04-14
Tho Cnpito, Hin Outrage Case.

| The trial of Thomas Smothers coored, indict-
cd for rape and an assault with intent to commit
rape upon Miss Lena Leins on the night Of
the 9th Of February last was commenced in
| the Criminal court yesterday before Justice
| James, District-Attorney Corkhill and his
assistant Mr. r. Il. Perry, appeared for the
Government, and Mr. Ben Davenport, as
signed by the Court, and Mr.. Horace @. Cla.
gctt for the accused.
The order of the Court in limiting tho mum.
Der Of spectators was productive of good re-
suits, and mado the chamber a moro accepta.
bic place than II has been for some time past.
A number of ladies, mostly matrons, wore in
attendance, aud only came for the purpose Of
being present while Miss Lcins was upon tho
stand giving her testimony, with a view of
| encouraging her and freeing her from rs much
| embarrassment as possible. Among them
were noticed Miss Phoebe Cozzens Ruth C..
Dcnison, Catherine A. 4. Stebbins, Mrs. Judge
Suol, Evelino L. Mason, Jcrusha l.. Joy and
Mrs. T. w. Little.
| An understanding that the counsel for the
defendant would admit that rape had been
committed, but deny that his client was the
| guilty party, had the effect of relieving Miss
Loins from the painful and disagrceable task Of
| recitng the details In relation to It,. Without
much difficulty the following jurors were ac-
cepted TO try the case: George Emmert, Bur
ton Vernon, Lewis J. Brothers, George Dom
aldson, Robert logan, William Beckett, Thoo-
dore G.. Ray, J. w. Davenport, Charles j. Jones,
John L. Patterson, Christopher McKenny, jr.,
| and Gwynn Green. OF the panel eight arc
| Colorcd aud four white.
Mr.. Perry made the opening for the Gov
| eminent rccitug the circumstances of the
| crime and their belief that they would prove
| the defendant to be the guilty man, saying
/ f1,ttN Il fitnty ell .ttl1 lt
| conviction.
| Detective George w. McEfresh was tho first
| witness examined lie was acquainted with
| the locality Of u street, Maryland avenue,
Seventh and Eighth streets northeast and
| from a prepared map described 1t to tho jury.
| On cross examination he said that he could
not tell the exact location of tho gas lamps,
| although they were on the respective streets.
| Miss Lena Lcins was then called. She testi-
fed that sho was twenty four years of age;
that she was on street, between Eleventh
and Twelfth streets northeast, on the 9th of
February last; on tho evening of that day she
left her cousins house at fifteen minutes DO.
fore Z o'clock to 80 to church; she recollocted
passing a house at the corner of Eighth and ID
streets with q prayer-bOok in her hand; there
was no pavement there and size might have
been in tho middle of the street. did not
recollect anything after that until she awokc,
lying upon the ground; sho was IN a vacant lot
.
when she first became conscious she found that
| she was hurt and had pain in her car; she
saw man kind ofsitting down near her feet;
she asked where sho WAS and tho man said +,
"You are In bad place." she said that she
wanted to know In what locality and in what
direction she was and understood him to say
near the corner of Seventh and d; she then
rose and her feet felt cold, and looking around
saw her Understanding near herr the man offered
to nut them on and button them, but she said,
mo, sir" she slipped on her shoes and the
man helped her up; she went out to ID street
aud then home; the man went west down d
| street; lie was n colored man and was tall; she
went with the District Attorney to the Jail and
heard tho prisoner have y conversation with
| some persOn there; She recognized the voice as
the same she heard on the night In question
prisoner stood up That was the man she
SAW at the Jail; he correspondent with the man
she saw on that night; his clothing was dark;
he wore dark SLOUGH hat; it was quarter Of
when she got home.
Cross.examined: When she left home the
street-lamps had been lighted. Sh0 saw some
persons on the porch of the house near the cor
nor hut said nothing to them, as she wanted
to get home. She was confident that it was
tall coored man that assailea her. She had a
pocket and praycr-book when struck, but did
not have them when she got up from the
} ground, and had not seen them since. She
did not know how long it was since she went
to the Jail but it was on Monday. The Dis
trict Attorney visited her house before she
went to the Jail. Ho did not tell her that
| they had got the man who wronged her. No
one stated positively that ho was the man, but
. some of them told her that if she knew the
2 man it would be necessary for her to identify
s him. He was not described to her by any
: one. They said there was popularity about
q the mans voics, but what it was they did
5 not saw; she rode to jail with DIR. Bayne
u | a., toIJ hnr mt nj inil
cupy ono room aud in tho adjoining Que
0 they would place the accused man. she
did not know how many men occupied the
adjoining room or who carried on the con-
yersatiOn; they opened the door between the
two rooms and then she saw the man; there
0 was no other colored man in tho room; they
did not ask her to look at him; she did not
a say to Mrs. Curran at her house = few days
. after the occurrence, that Ii was so dark that
night ii was impossible for her to recognize
the man, but did say that she thought she
. would be able to recognize him by his voice
4 figure, walk and general outline; she did not
know whether she was struck from behind or
Y not, but she was struck on the right ear nc
n other man than this one had been brought be
70 roro her for Identification.
Redirect When she left her home on that
day there was no injury on her head or hei
person; the injury happened in the lot; when
she was taken to tho Jail she was told to bC
very careful in identifying the man, us hi
liberty hung upon it; if she was certain thai
he was the man to say 80, but II she bad any
doubts about him being the man to give hin
|. the benefit of them; after the door was opened
:. between the rooms at the Jail she heard con
}. versation between the prisoner and Detectiv,
: McEfresh, and it was the same voice sh'
heard before the door was opened and it wa
the same voice she heard on the night In thu
lot
DR.. John W. Bayne testified that he grNdu
ated in 1868, and had practiced In this city fo
over year. he was acquainted with Miss Leus
and was called to attend her on tho night o
the 9th OF February last no was first sent TO
at o'clock or a little after but was not hom
~ and did not reach her house until after mid
"a night he found her sitting In chair by tn
table with her face buried in her hands; wheI
he entered tho room she raised her head, an,
Of learning that she had been severely injured
he examined the wounds; her face was GOV
cred with blood; both eyes were very mucl
swollen and almost completely closed; tho,
" were deeply blood'shotten, and the face wa
n very much bruised; her hair was heavil,
W. matted with blood behind the right ear h
IN found a flesh wound extending from the uppe
ne TO the lower border and just behind tho veil
10 of tho ear, the bone being clearly exposes
Ne to yiew the lower portion Of tho wound WA
az Jagged aud torn as if inflicted by som
M rough substance, most likely the sharp edge
a. of rock the rim of tho ear was torn an
III