The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1885-07-08
NOT GUILTY.
The Case Against John Jones
Dismissed
As Taken in the Police Court Was
Not Deemed Sufficient to Hold
the Accused.

+
yesterday in listening to the preliminary
examination OF John Jones, who is charged
with committing a rape on Ella Fuller, a
little girl II years of age. Jones was rep
resented by City Attorney Smith, while the
prosecution was conducted by Deputy Dis
trict Attorney Scallon. The court room
was filled the entire day, by a crowd of in-
terested citizens who seem to take great
pleasure in listening to the filthy evidence
in this deployrah y ahhpaats haet between the opposing
counsel.
The first witness called was the complain
ant, Ella Fuller. The little girl gave
her evidence in clear straightforward
manner, only stopping at intervals to wipe
away the tears which flowed from her eyes
in a copious stream.
IT Is HARD TO BELIEVE
that man OF Jones' appearance, or in
fact any man, could be guilty OF committing
an outrage On such a little girl. The girls
testimony was pretty much the same as
her statement as published in yesterday
mornings MINER. She told the story OF
the alleged assault in a very childish man.
ner, and recited the several interviews she
claims to have had with Jones in very
innocent way. In additionl to what has
Jones was in the habit of giving her pres
ents, and since the first assault had been
made upon her by jones, he had bought a
locket for her and promised her other pres
ents if she would submit to his reQnests
again.
The second witness called for the prosecu-
tion was Mrs. Coxhall, who testified to Wis.,
iting Mrs. Fnller's house one night, and
finding
JONES AND THE LITTLE GIRL
lying down together on the bed. This wit
ness underwent a most rigid and searching
examination from Attorney Smith, which
she did not relish, for in leaving the court
room she was heard to remark: "Oh, that
man is bad"
Mrs. Fuller, the mother OF the outraged
child, was next sworn and testified as fol-
lows: Three weeks ago l came home from
the rink about 9 o'clock at night and found
the door locked and no light in the house.
When got in found Ella and Jones lying
on the bed together. I asked Ella why
there was no light in the room and she
said that ones had crawled in through the
window and then blew out the light.
Lawyer Scallon-''Were they on the in
side of the clothes?"
Mrs. Fuller-"No, sir; they were lying
down on the outside
Proceeding, the witness said: II have
been acquainted with Jones about three
months and during that time have done
his washing for him and have been out with
him four times.
ARE THEY IN LOVE.
Attorney Smith-''You are pretty well
stuck on each other, are you not?'
= Mrs Fuller--"No, sir, not bit :
Smith-''YOu Ou have been in the habit OF
sending to Jones shop, for him to come to
your house, have you not?'
Mrs. F.-"No, sir, but he has been in the
vitation whatever
Smith-"Have you been in the habit OF
visiting Mr.. Jones' shop?''
Mr.. Scallon objected this form OF ques-
tions being unjust to the witness. He
thought it was his duty as a lawyer and a
man, to protect woman from such pro-
ceedings.
Mr.. Smith in very vigorous and inter-
esting speech, claimed that he had a right
to ask the witness the question. He wanted
to prove that Mrs. Fuller was a little
''gone" on the defendant and that she was
in the habit OF going after him. and after
all her advances to him, she failed to make
a favorable impression on
HIS HARD, COLD HEART,
and that this charge against Jones was
trumped up in a spirit OF revenge, and in
order to bring him to terms.
The court ruled. that Mr.. Smith had a
right to ask any questions of the witness,
except those that might digrace her.
Continuing, Mr.. Smith asked: "Do you
remember the night that damon and
Pythias" was played in the Opera House
last week."
Eyes sir"
''Did you go to Mr.. Jones' barber shop
that night?"
'Yes sir, went there about o'clock,
but did not find any: one in the shop
'What time was it?'
''About 8 o'clock"
"Was it not 12 o'clock"
NO sir, l am sure it was only 8 O'Clock,
and then 1 did not go in the shop because
Mr.. Jones was not there and l could not
get in"
"Now Mrs. Fuller, as matter OF fact,
did you have key to Mr.. Jones
room, and did not you go there and
enter his room and when he got home at II
G, clock, you were sitting i'll the chair wait
ing for him.
''No SIR"
Here the witness was seen to wipe away
some tears from her eyes.
LEGAL TILT.
Another controversy now occurred be-
tween the lawyers in which one said he had
a poor opinion of his brother, and the OPP
posing counsel said he was very glad OF it.
Mrs. Fuller continuing said that she
knew month ago that Jones was on too
intimate terms with Ella. yet, she allowed
the child to visit the BARRIERS rooms. In
response to question from Smith, AS to
whether she was not a little jealous, Mrs.
Fuller said Indignantly: mo stree. 1t
will take a better looking man, and u man
with more money than Jones has, to make
me jealous" Mrs. Jones then recited to
the court the story of the alleged assault
as told her by her daughter, and finished
up by saying that she allowed her daughter
to visit the Jones domicile because she had
a better opinion OF him than to think he
would outrage her daughter.
Mr.. Coxhall was the next witness called
and that gentleman managed to get off the
stan without saying much Of anything
the case.
Mrs. T. H. Donavan came next, and said
that she lived next door to Mrs. Fuller,
and that one night, some three weeks ago,
she knew of Jones and the Fuller girl being
in the house alone, when Mrs. Fuller came
home. Mr.. Donavan who was sworn, said
that on that same night, he heard the win
dow of the Fuller house shut down with a
snap, and Immediately afterwards he hea rd
the Fuller girl talking to some one in a loud
tone. Among other things he heard the
little girl say: "Quit that
FOR THE DEFENSE
James Murray was next sworn and said
that he kept a saloon adjoining Jones
barber shop, the place where the alleged as
sault took place. but the time when it is
claimed the outrage was perpetrated he
did not hear any unusual sounds proceed
ing from the room of the barber.
Several other witnesses were called for
the defendant, some OF whom said that
they were in the habit OF getting shaved at
Jones' shop and had often seen the little
Fuller girl there, but had never seen Jones
do or say anything wrong to the girl. One
witness, Mr.. Rutter, testified that one day
he was being shaved and Ella came in and
acted in familiar manner toward him.
He asked her to stop, which she declined
doing. Jones told her if she did not stop
he would tell her mother, whereupon the
little girl commenced to cry. One witness
swore to having seen the Fuller girl at the
Jones barber shop since the alleged assault
took place.
HIS OWN STORY.
T1,oro NO core;1or1,1o oo,,,p,o<;o,, -, TIA