Daily Republican., 1881-05-13
GUTHRIE'S GUILT.
A VERDICT IN THE EELONIOUS
ASSAULT CASE-OF GUILTY,
The Court Defers Sentence Until
Ts.day-The Proceedings of the
Court This Morning.

All of Yesterday afternoon session
in Court was takcuup with the Guthrie
case. When Court rc-asScmbled at :
O'Clock Mr. Lore, for thu defense, made
his argument, Mr.. Lore, first address
ing the Court, made citation of author
tiles to sustain these claims:
That the intent of the defendant
to outrage the little girl must be proved
to warrant a conviction; that the Carnal
knowledge of II child more than years
old, with her consent, is not rape under
the statutes Of tniS Statcthat lfthe jury
believe Mr.. Guthrie meant only to play
laScviouSly with the child he is not and
cannot be found guilty of the charge for
which he stands indicted.
Mr. Lore spoke for an hour. He care
fully reviewed all the testimony in the
case and argued that the testimony of
the little girl had been fully and fair
ly impcached. He claimed that the
prisoner had done nothing to which the
child did not accudc, and that his only
OtfenSe had been lasCiyiOuS play.
Attorney-Grneral Gray followed ut
o'clock for the State. He made par
tiCularly Stroug and earnest plea
in which he Combatted the idea of
counsel Tor the defense that there was
| no statute to punish Guthrie for at
tempting rape because the girl was
over years Of age, and argued that
there was Il great difference between
consent and submission, especially in a
| girl of tender years. flecOntended that
the testimony Of Annie Davidson and
other witnesses for the Commonwealth
had been cUrruburated throughout. The
learned counsel for the defense, said the
attOrney-gcneral, had cndeavUred to at
tract the attention of the jury to col
lected testimony from the main part
that Guthrie had made full and vol
untary confession Of the crime to Mr..
Murray and Chiefof Police Maxwell.
Chief Justice ComegyS, in his usual
lucid and instructive manner, charged
the jury, telling them rhat they alone
were the judges OF the testimony and he
would instruct them in the law in cases
OF this kind, which he did briefly, and
then passed the case into the jury who
retired at $50 p, IN.
The Jury returned at $40 with II ver-
dict of finding Guthrie guilty in the
"manner and form US he stands indie
ted.
THIS MORNINGS SESSION.
On the re-asSembling of court at 10
o'clock to-day the case OF State VS.. John |
NJ. Vallete for assault and battery on
Patrick Cunning, in New Castle was
resumed, having been put on trial just
before Court adjourned last evening.
Cooper for State, Nandegrit't for de-
fense.
The aflray took place in the Delaware
House on May 9th. Cunning came in
to the bar-room and asked for Il drink.
He had been on spree for IL week and
the proprietor refused to give him any
thing Nallcte soon came in.
There had been trouble between the
two men about a barrel Of flour for which
Cunning owed Vallete. Cunning said
one thing of an offensive nature to Val
lete, who listened to him while, said
"Gunning 90 away and III give you "
barrel of flour"
1t was in evidence, on testimony of
Cloud PierSOn, proprietor Of the Della
ware House, that Cunning then cursed
Vallete, telling him he was noshghter,
&c, but Cunning, when he was Oh the
stand was unable to recollect this, nor
anything else connected with the af-
fray, except that he was knocked sense
less and remained in an unconscious
state until some time next day.
Mr.. Pierson was not present when
the alleged assault took place, but when
he came in Valette had Cunning on the
door. Vallete let him up when he was
told to do so.
The defense was that Cunning was
luarrelsome, that he had followed Val
site up and always sought to pick
quarrel from him, and that from his
conduct he had reason to fear violence.
Mr.. Vandegrift called several witnesses
to this effect.