Daily Republican., 1881-12-05
these things to him, but he also denied

|
IT, and said that all she said to him wa
she didn't want to go to court, she didn'
want to testify, and that she hoped he
husba nd would send her to Philadel
phia or some where else where sh,
would be ont Of reach Of a summons
Now there was nothing wrong in thai
was there? The lady had never beer
before II court and she knew that thi.
was a delicate case, and possibly, sh,
heard of cross-examinations, and knew
the ability of the learned counsel fol
the defense, and she dreaded to bs
placed on that stand, and get into hi,
hands. Nothing strange about that
Why have known of strong men who
shrank from cross. ss.examination by IN '
lea ned FREUD.
The Attorney General then reviewed
in detail the whole tertimony, and
showed that it was complete in every
point, and fully identified Neal as the
man who had committed the outrage
upon Mrs. Gosser. The evidence traced
him from. the time he left Smyrna in
the morning to the Thoroughfare Neck
road; clear up to the house of the Cos.
strs, and then along the same road past
a number of other houses, until he
reached the house Of his brother-in. law,
Isaac johnson, where he was arrest
ed.
In concluding the States Attorney
said that the prisoner at the bar Will.
liam Neal. and his accuser are now in
your hands, If yon believe the evidence
| xra Ia In NJ ar a
verdict Of guilty, regardless Of the con
sequences. You, gentlemen of the ju'
ry, must give due weight to the testi-
mony of Mrs. Go,ser, because the de-
fense has utterly failed to impeach it
in any particular. He closed with an
eloquent appeal for justice for the poor
outraged woman, and the vindication
| OF the laws of the State 1t was $40
when he closed, and in the absence Ct
the Chief Justice, JUICE Houston pro-
ceeded to ch harse the jury. He said that
case of this kind was a question Of
fact that it was the duty of the jury TO
decide upon.
The law rightfully considers rape as
serious crime; and IL has been
doubted by some people, If 1t were pos
sibe to commit this off nee on = siro.g
vigorous woman, but rs the law PrL-
vidtS the severest pc alties for the per
pelralion Of this act, it is clear that it
recog ICES the possibilities of its being
committed.
To prove the crime of rape it is neces-
saly to show that the offence was com.
united upon the woman by free, and
against her will The jury must not
only have undoubted proof of this, but
a s, that She resisted the commission Of
the act rs long az it was possible for
her to do so. This isan offence that can
be proved by no one but the woman
upon whom it was committed. 1t will
not do for the jury to depend upon the
arguments of the counsel on either side,
or to what is prescuted as the proba-
bilities Of tie case, tor in an event Of
this kind we should have to show what
motives actuatsd the woman to prefer
such a grave charge against any person,
slecially where that person is an ell
tire stranger. This Is Il matter so grave
that the jury the nselves must consider
it, and from the lacts proved render
their de cislOn.
Judge Houston, in conclusion, said
we will now leave the facts with you,
and we not only believe that you will
consider them fully and deliberately,
but We cujoin you 80 to do, ana then
render such a verdict rs in your opinion
the evidence will warrant.
The charge occupied but n few min.
utcs in is delivery, and at 60 o'clock
the jury retired.
As soon as the jury had left the roo III
the spectators rr' sSed forward around
the prisoners dock, to get a glimpse OF
Neal, who was kept in the dock until
AFTER the Court had re ired fJr supper,
when he vas again taken to his cell and
will rot be taken into the Court room
again until the jury comes in.
For over an hour after the jury retir-
ed, the three Judges Houston, Wootten
anu Wales, remained in the Court room
as though they were expecting every
minute to see the jury come in and ren.
der their verdict, finding that they did
not come their HonoIs retired for sup
per.
During the evening large number
bl persons ItuldlAeu III VIC Souib iooth
in anticipation ofa verdict being rem
der,d but as tue hours rolled around
and the looked for verdict did not come
in, the crowd commenced to disperse,
and by ten o'clock when bailitf cs,me
down aud stat d there was b.
probability of the jury agreeing, there
were not many left in the room.
AT a late hour on SATURDAY. night il
was currently reported among those
who generally find means to obtain
such information, that the jury stood
ten for conviction, and two tpr aclult-
tai
Yesterday morning one of the jurors,
Mr.. Macklem, was taken sick and DR..
Kirchner was called in to attend him.