Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1882-12-15
THE QUARTER SESSIONS.



Their Testimony.
Thursday afternoon - Com TN vs.. Edw.
Wagner, rape.
The Gefense called John King aud
Frauk Donneliy to show that Ou the night
Of the alleged rape they saw Lizzie Nc
Ciarren in the neighborhood Of Duke and
Chestnut streets by herself.
Catherine HOwarter testified that after
this occurrence she had conversation
with Lizzie McClarreu the lattcr said
that on this night she first met Mullen at
the depot with him she walked to beyond
st. Joseph's hospital, and upon their re-
turn met Munroe; she invited them to
accompany her to the reservoir, wherO
kilchrist and Tam;ny brought the liquor;
she drank the liquor of her own free will
and was not forced !; she said she went with
the men because she loved Kiichrist and
MunrOe she liked the liquor: about IL
o'clock Mullen went for Wagner and soon
returned with him finally all Left except
Munrce she said nothing about any ore
having anything improper to do with her
exceps Kilchrist. Tho witness saw the
girl out of the house Oh the day after the
alleged rape Sunday and on MOud'y
before being sent to the hospital she Was
riayiug ON the commons with dog.
thas If all was correct that tho girl stated
in regard TO her condition on this night.
taken in connection with the fact that she
was subject to st. Vitus' dance, they did
not believe that she would afterwards re-
member and relate an accurate account of
what occurred.
MIS-. Amand, D,i;y ,sst;iied that tho
fatEer of the gil! sad that the clothes tho
girl had on on this night were worn by her
for two weeks before. Tho girl told wit
ness that tho prosecution was inStiyated
by her father and against isr consent.
Mrs. Mary McMulien testified that shc
| SAW Lizzie the morning alter the alleged
. rape, at which time there wero NO marks
| o; violence on her. She did not have the
appearance Of having been i'll used. The
witness said she WAS the mother Of the
| young man referred to as MGlIen, bu.
whose real name IS McNullen she be
| lieved that he is now in Scotland.
Mary MunIoe. mother Of VIM. Munroc,
| testified to the circumstances anil cOHvCr-
sations between her aad Lizzio the NOM
| ing after the Saturday night referred to
tho same as she had done in the kilchii>t
! case.
Josepi. Murphy testified that the father
| Of tie girl camo to him and asked him To
swear il court that he had seen blood on
Wagner's shirt. the morning after tho al
legged rape the witness said he Could not,
as he saw 10 bloOt, On i,im McCiarren then
said they had one witness WHO would
| 3 . ear to it he had to Is he was employed
! in the mill where his (McClarrsn's) son
! was boss, and if he did not, he would DO
discharged he also told witness tha: il he
would swear to this they would make
| Wagner pay more than 5000; witness
saw Wagner about quarter to one on Sun-
day morning, also saw him at breakfa !;
did not remember telling Alderman Sam
son that he saw blood on Wa.ners cloth
ing.
| Mrs. Alice Bowser testified that she
washed Wasuar's clothing worn ON that
night Of the alleged outrage, and they
only had stains from 4 red flannel unt!cr-
shirt.
Thursday eceniag.-Com'th W.. Edward
| Wagner, rape.
For the defense Mrs. Matilda Albright
testified that Wagner boarded ut her
house in July last. On the night o: tho
alleged outrage he came in twenty min
utes before one o'clock. Witness also saw
his shirt; it had no marks upon it but
those made from .Perspi, atiCn caused by
wearing . red flannel undershirt.
Miss Mary Dolan, Of 43l North Mary
street, testified that she met. the accused
on the night Of tho alleged outrage in
front of Weber's jsweiry store, Oh North
Queen street, between z and O'Clock {;
they went to Gruers ice cream s,loo:,
after which they took short walk and
went to tho house Of witness's father he
remained there with witness until lev
minutes after 13 o'clock. Peter DoI..n,
r~AI I,A
her.
Charles Werd;iz testified that lie saw
the girl with Monroe On Chestnut street
direction of tho reservoir; she said ,
Hurry up, come on ;" Mullen was
talking to the witness ami he went with
the pair.
The defense called about forty witnesses
to prove that previous to this charge the
character of the defendant for chastity has
been good.
Friday morning.-C -Com',h vs.. Edward
Wagner, rape.
Tho defense called WIN. MunrOe, who
is also charged with this O!fense, and IN,
testified that he, Mullen, TammaDy and
kilchrist were at the reservoir with tho
girl until a late hour on this night. W.@-
ner came late, but witness could Not ,eV
tho time. lie remained therea short tins
but had nothing to do with the girl.
]. NJ. Johnston and Harry Hull w,re
called to prove what the girl had sworI, to
at tho hearing, but they did not Tecol ect.
The defense then rested.
| RobuttaI.
The commonwealth then began to call
witnesses.
John McClaren was called and he tcsti-
fled that the statement made by Joseph
Murphy on the stand in regard to big
(witness) attempt to get him to swear to
certain things was false. 1t was also
shown by this witness that Murphy ms.io
certain statements in the law office of
j. l.. Steinmetz against the accused,
which he now denies. Witnes. did not
tell Murphy that Wagner could be made
to pay 5000. Murphy was sober when
in the Office Of Mr.. Steinmetz murphy
said ho was drunk.)
John f. Malone testified that he r.. W
Murphy in Mr.. Steinmetz' 8 Office, and hea,.l
him make statements against the accused
which he now denies he was then sober,
and tho statement made by him was vol
untary.
Alderman Joseph Samson testified that
Murphy told him certain things which 10
now denies. Alfred Briggs was called to
contradict the statements made by Mrs.
Albright and Mrs. Bowser, in regard to
the condition OF Wagner's clothing at this
time.
| The testimony here closed. Messrs. s.
II. Reynolds and J. Hay Brown then spoke
for the defense until adjourning time.
| -- a.. s,x.,.