The daily gazette. [volume] (Wilmington, Del.) 1874-1883, 1881-05-13
GUTHRIE's TRIAL.
IL Closes with a verdict OF Guilt

ID Closes with "a Verdict of Guilty.
At Court, yesterday afternoon, in
the trial Of VIM. G. Guthrie, for as
sault and battery or little Annie Belle
Davidson, with intent to commit rape,
Mr.. Lore, for the defense, addressed
the Court, citing authorities in the
affirmative, and asking that The jury be
specially charged upon the following
points
l. That the intent of the accused to
commit an outrage upon the girl must
be clearly proved to warrant convic-
tion.
2. That the carnal knowledge of a
child over seven years of age, with her
consent, is not rape, under the statutes
Of this State.
3. That if the jury believe the &C.
cused meant only to play lasciviously
with the child, he is not and cannot be
found guilty of the charge on which be
is indicted.
MIR. Lore then argued before the
jury for an hour, reviewing the evil
dence and claimed Chat throughout,
even including the prisoners confess
sion, it entirely precluded the idea of
any intention TO commit rape, and left
him guilty of simply playing in a las.
civious manner with the little girl.
Attorney General Gray. addressing
the Court combatted the idea that The
Delaware statute fixing seven years as
the limited age under which it is rape
to have carnal knowledge of a girl,
even with her consent repealed the
common law limit of ten years of age.
He also asked the Court to charge the
jury that there is difference between
consent and submission, in a girl of
tender years.
The Attorney-G General then address,
ed the jury, reviewing all the evidence
that tended to establish the guilt of
the accused, and dwelling in strong,
unmeasured terms upon the heinouss
ness of the offence, aid the necessity,
as protection 20 society and a vindi
cation of the little victims outraged
honor, for the proper punishment Of
the criminal.
The Chief Justice charged the jury,
dwelling particularly upon that portion
OF the defense bearing upon the alleged
consent of the child 10 Guthrie's attem pt.
ed abs sault. He said that by the law 1ef
Delaware child under seven years of
age was presumed to be incapable of con-
senting to criminal intercourse. Although
she may give her consent after arriving
al the age OF seven years yet presumption
remains until she reaches the age Of ten
years that she did not and this presump-
ton must be removed before the Jury
would be justified in acquitting the phi.
soner. The Child Is presumed not to be
able to consent until after she reaches
the age of ten years but this presumption
Is not conclusive one aud may be re-
moved by preof.
The main question for the jury to con-
slider the Chief Justice said was has IL
been proved by the defendant that this
child OF the tender age Of 8 years aud 6
months consented TO Gnthrie's actions.
In reaching this conclusion the ury can
consider the size and age of the child and
whether, on account offender years she
was capable Of resisting; wbethe. she
was In situation TO know what Guth-
rie meant or that it was impossible for
her to resist. Consent said the Court
must be an act of entire free will.
AT b. 10 the jury retired and the Courl
after drawing a jury To try John M.
Vallette of New Castle for assault and
battery upon Patrick Cunning took
recess.
GUTHRIE GUILTY.
At6.4O O'Clock the jury In Guthrle's
case came into Court with verdict of
"gu1lty in manner and form as indicted D
The verdict was not an mex nactad ono
though doubtless the prisoner entertain
ed hopes ofa different result. He show
ed no emotion when his fate was an
nouneed but there was a noticeable alb
sence Of the fiippant, almost defiant
demeanor he maintained throughout his
trial, but on returning TO his cell he gave
strict orders that no one be allowed to
disturb him and throwing himself face
doWnwards upon the hard bench re-
mained in this position until late hour
Ia I'LL