Morning journal and courier., 1882-08-15
sSonrnal artS Courier.
Tuesday Morning. August 15. 1882.
The East Rock Rape Case.

Hea aring Before a Handen Justtce-Vhe 1
 Case Continued Until August 2sth.
 Yesterday the case of William Fitzpatrick and Michael Connolly, charged with rape on Mrs. Annie Stewart, of East Rock, was eom- menced before Justice A. A. Doolittls, of Hamden, Timothy J. Fox appearing for the accused and Grand Juror Henry Futile, of Hamden, assisted by Assistant Prosecuting Attorney Deming, of this city, prosecuting. Some of the friends of the accused went to the trial in a stage. Both of the prisoners pleaded not guilty. The first witness was Charles A. Ferry, surveyor, who testified that the map which he presented to the court was of East Rock and vicinity, on which the Stewart property is located. The map was made last week. The distances on the map, he testified, were all surveyed by him last summer, and the different points on it were pointed out to him by Milton J. Stewart. When Mrs. Stewart was called Lawyer Fox asked the court that all the witnesses for the prosecution be sworn at the same time to save time MT. Deming objected to it, and then MT. Fox asked the court that those wit. nesses for the prosecution who were in the room at the time that Mrs. Stewart should testify be sent out of the room. Mr. Fox's request was granted and then Mr. Deming
 
 retire from the room. The court ruled against him.
 Mrs. Stewart testified that she lived on | East Rock about nineteen years and identi- 1 fled spot on the map that she said was the hosse in which she lived. She said that she l was at home all of the day in question e1- | cepting when she went for pail of water l about o'clock in the evening to spring in l the woods away from the side of the road
 near her house. Two young men followed her on the road to the spring. She saw 1 two Quarrymen named Brown and Gantley, who continued on down the road, while the | other two young mon, Connolly and Fltzpat- l rick, came along up behind her after she got | into the woods about rod. She stepped one | side for them to pass when one of them got
 in front of her and the other stayed behind. l The one in front of her spoke to her.
 Here the witness was interrupted by MT. Fox, who asked Attorney Deming whether l he was trying the two cases together. He I said he was and MT. Fox claimed the right | as protection to his clients to have them l tried separately. At this point also the court found out that the witness had not ! been sworn. Then Mir. Fox insisted upon \ the accused being tried separately and Mrs ! Stewart was asked if she could identify the ! young men who assaulted her on that day, and she pointed to Connolly and young man who sat near him who did not look at all like Fitzpatrick. Fitzpatrick was sitting | on bench, and young man was between him \ and the one she indicated as Fitzpatrick | Mrs. Stewart was evidently confused, and ! after Q moment she pointed her parasol to Fitzpatrick whom she said was the one who ! was with Connolly.
 Are you sure he is the one 7'' asked Mir. Deming, indicating Fitzpatrick.
 1 'I guess he is,' was the reply, and then l she added she was pretty sure. She resumed | her testimony after it had been understood I that Connolly only was to be tried, and said ! hot aha f0 off fho I man got in front of her and he then took out
 a handful of money. She supposed that he ! wanted something at the bar and told him
 that she would get him some drinks at the | house. He took hold of her and knocked
 her down and shs shrieked. AS she did sc
 he said if she shouted again he would shoot
 her. Then she partly got up and he knocked her down again and choked her and out ! ragged her person. She was all of ten or if
 teen minutes on the rocks. Her side was ! black from being thrown the stones. He ! tore an earring from one of her ears and she 1 was injured by the fall. When she told them
 that MT. Stewart was about somewhere they 1 said they didn't give - for him. Both ! men outraged her and threatened to kill he, l when she resisted.
 Officer Michael Flannery was called as the l first witness in the afternoon the cross exam 1 nation of Mrs Stewart for the present bo l ing discontinued in order to give the officer | 8 chance to get back to the city to go or duty in the evening. He testified that Ser 1 geant Smith had warrant for the arrest oi Connolly and Fitzpatrick, and he went with l the sergeant to make the arrest at midnight 1 June 27. The houses of both young mer
 were searched and the prisoners could not be ! found. Connolly's father said that his BOT
 had not been in the house that night. Ther
 some barns in the neighborhood were search | ed. but no trace of the two could be found ] failing in which he came back to his beat Officer Flannery said he knew Connolly for
 number of years. The officer was not cross | examined.
 Here the ease was adjourned to August 2$ l at 10 8. m., Mrs. Stewart not resuming he1
 cross examination, Mir Fox preferring, as h,
 told the justice, that he would rather stop 8
 this point, so that when the cross examina | tion was continued it would be fresh in tn,
 mind of his honor. The reason why the cas- | IS continued is that Justice Doolittle is not i,
 good health and will start on western tri1 ! this afternoon.