Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1882-12-14

THE QUARTER SESSIONS,
1sk DAUEMBER ADsoUxsED TERN.
A farty to the Kaps Case ON Tria:-Nauch
Tiino Consumed In securing Jury
Tho Evidence.
Wednesday 0fternoon.-The first case
attached vas that Of com'th vs.. Edward
Wagner, who is charged with being one Of
the men who committed 4. rape upon the
person Of Lizzie McClarsen, at the city
reservoir grounds On the night Of July %.
considerable time was spent selecting .
Jury. which was finally secured. Tho fol
lowing are the members j. Martin
Good, farmer, Bart Livingston B. Bard.
merchant, Upper Leacock : Lewis H. Lin
vile, farmer, Salisbury: Henry NJ. W.l.
Ter, shoemaker, West Hempfield Amos
Goshen. cooper, Brecknock Abraham NJ.
1orrOw, wheelwright, CDrnarvou; A. IL.
Danner, clerk, Mannheim boruugh: J..
Louis Walker, clerk. Salisbury Carpenter
Weaver, shoemaker. Earl; Levi NJ. StOuer.
wheelwright, West Hemp6eld; John l.
Gingricb, farmer, West Donegal; ]. J.
Descb, innkeeper, First ward. Lancaster
city.
The first witness called was Lizzie Nc
Clarren, the girl who it is alleged the out
rage was committed upon by the accused.
She told almost tho same story as upon
the trial of Frank Kilchrist, in November,
1t was to the effect that ON this evening Ut
5 O'Clock she lett her home ON Walnut
street, with VIM. Munr0e !; she went to
the depot where they met VIM. Mullen :;
she was with them for some time and
walked around the streets; MunrOe left
them for a short time !; they finally
met him again and the two men c0axed
her to 60 to the reservoir. They went
there and rs they went in Frank Kilchrist
and "Tucker" IamaaJ c.lino with bOttlO
Of whisky the four forced her to drink q
quantity OF liquor and took off her shoes.
hat and most Of her clothing, after which
they all outraged her; she was quito drunk.
| at the time and tho men held tneIr hands
over her mouth to prevent her from call
ing out about II o'clock Mullen went
away and soon returned bringing Wagner.
the defendant, with him witness was then
lying helpless ON the ground, aud while
Mullen held her hands the defendant out.
| ragged her twice in the presence of the
others; when the witness finally recovered
she started home, it was then about )
O'Clock in the morning, she havin. be;.i
left at the reservoir in an almost helpless
condition by the men who had outray. Il
her she walked home without consider
able of her clothing and was met by her
father, who helped her to bed.
The witness was subjected to q long
and rigid examination she said she had
been forced to 90 to the reservoir by Mul
len and Monroe, both Of whom had hold
Of her on the night before she had made
an engagement with Monroe, to go to tho
reservoir !; ho told her ne would take her
out there, show her the reservoir, and
then bring her home witness had nev.r
seen Wagner before this night
Thursday morning. vs.. Edward
Wagner, rape.
John King testified that between 10 aud
II o'clock on this night he saw Mullen and
Munroe with this girl at Chestnut ard
They were enc eavoring to take her to tho
reservoir she said she did not want to gc,
and tried to stay back.
Mrs. McClarren testified that when .ho
saw her daughter, on the morning after tEe
occurrence, who was thon asleep :,ni
looked as though she had been drinking,
her underclothing, &C., were covered witt,
blood. The girl, vino is afflicted with st.
Anthony's dance, became worse and was
very nervous all tho time after this affair.
She was finally removed to the hospital.
Drs. Roland and Bolenius testified thu
same as in tho former trial, and state,
that they found her PERSON in . conditio.
as would be tho result Of such abuse L.;
testified to. Both physicians We're cross
examined at great length.
BauksOn Smith, police officer, David
Rettew and Anthony Biehl testified that
they mot the accused and Mullen near the
ice house at tho reservoir near ] O'Clock
on the morning Of this outrage when
Smith hailed them and asked where they
we're going at that time Of the mOrniny,
Mullen replied that they wore going I"
have little fun, aud then went into tho
reservoir grounds.
Albert Briggs testified that l,e roonled
with the accused at a boarding house ON
Chestnut street on the night of the out
rage Wagner came homo very late and
had on his shirt what witness believed to
be blood. Bernard Keen also testified
that Wagner came home lake that night.
William j. Winsar;i testified that the
accused, on tho Monday after this night,
told him that Mullen came and took him
out to the reservoir Oh this night about IL
O'Clock, saying that tho McClarren girl
was there that they then went into the
grounds 4; saw Lizzie and Munre
lying theue; he NWaener said
some OF. them ought to take ,hs
girl home, and if it was his sister, he
would shoot some Of them. After Ills
accused told him different story, saying
that he was at tho reservoir when Il Q
affair took place, AID that he was cail=d
down. to where tho man were with srl,o
girl he then remarked that they ought 10
take the girl home, for if it was his sister
he would sue them.
Thomas UcClarren testified that he had
q conversation with the accused, ON Mon
day, after the affair, when he related the
occurrence in way somewhat similar to
the last witness.
Charles Albright testified that Wagner
told him he was not at the reservoir OIL
this night. Henry Ubertis testified that
be told him that he was there, but did not
do anything to tho girl. Offiecr Martir
Daily testified that he arrested Wagner
and had warrents for Mullen and Tamany.
but could not catch them. ....
Tho commonwealth offered to prove by
The records of tho court that Frank XII
,hrist had been convicted of this crime;
his the court refused to admit. tho
here closed.
B. +. Esh!eman, esq, of tho counsel for
he defense, opened for tho defense and in
short speech stated what thcv intended
% prove.
The first witness called was Charles C..