The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-02-27
THE LOCAL NEWS REPORT.
THE TRIAL OF MoNTRESSER,
Prospects Good for Baum's Presence
Among Us Once Again-Ulysses S.
GRANT Re-occupies His Jail
Quarters-Other Notes,
a Serious Charge.

serious Nharge.
The hearing of Frank IL. Mcintosh,
alias Howard Montresser, who was ar
raigned before Justice Schulz yesterday
at Up. M, TO answer to the charge of
outraging Emma, 9-year old daughter
of Mr.. Frederick Knapp, dyer and scour-
erer, was largely attended by crowd,
full of morbid curiosity, that packed
the courtroom to its utmost capacity
The crowd filed the bar and pressed
over the railing, eagerly catching every
word tina fell from the lips OF the wit
represented by Mr.. p. b. Mil
Ter, and Messrs. Reeves and
Spence apparel for the defense.
When Mr.. Knapp and his little daugh.
ter, VINO appears hardly years old, ap-
peared in court, the child, for such she
Is, was the object of intense interest and
sympathy.
The attorneys for the defense had their
client to make the necessary affidavit,
asking That the case be transferred to
the county court as the proper court for
a hearing, and on tho grounds that the
justice did not have the power TO de-
termine the guilt or innocence of the
party charged with such a crime, while
the county court would have. Mr.. Miller
argued that the justice did have juris-
diction in the matter, and asked that
the motion be overruled.
The court overruled the motion. The
court said: GAS far as my limited recol-
lection goes, | cannot think of auy law
bearing on this motion. If there is any
law whatever, which compels me to
make change of venue when there is
but a preliminary trial to be held, / am
perfectly willing, and | assure YOU
purely so, To grant the change of
venue; until such law is
produced IL is impossible to draw oil
that responsibility which rests upon
this court TO perform its duty to any
person TO come before ii. Understand,
1fa motion for change OF venue of trial
before this court was made it would be
in accordance with law. but this being a
preliminary trial. do not believe that
there is any law which compels any
magistrate, who has jurisdiction in hear
ing testimony, to grant such notion"
Mr.. Frank Hamm was sworn as in
terpieter, the little girl being unable to
speak English. The defense objected
to Emma Knapp, on the ground that
she was incompetent as witness. The
court overruled the same and the de-
fense accepted. She testified she did
not know Mcintosh by name, but did bv
sight. She said Saturday afternoon that
he called her up into the second story
and said ne had some small nice tricks
to fix and wanted her to help him. He
then threw her on the bed and outraged
her. He prevented her screaming by
force. The child was loathe to give her
testimony but when pressed, told, to
all appearances, q straightforward story.
The testimony, which will not
bear publishing, was shocking
i'll the extreme. When asked if she
could point out the party she pointed
at Mcintosh and walked up to him and
pointed her finger directly ut him. 1t
happened in house back OF the Two
Brothers saloon that fronts
on Sycamore street. She stated
that the accused unlocked the
door for her and gave her some
candy and blocks not 10 tell her father
what he had done TO her. She saw her
mother when she arrived at home. They
have only one room, and that was d.
vided by curtains, She did not
tell her mother right away, for
she was afraid she would be
punished. She told her mother
of IL on Wednesday what the accused
father and mother would punish her.
She thought she saw her father the
same day the accused abused her. She
said he did not give her any candy. She
did not have any blocks. When she
told her father he said that she should
not visit that house any more. on
crOss-eXaminatiOn she said he promised
10 give her some candy aud blocks.
She said she did not understand Eng
lsh but he called her up, ny calling her
name. She said he talked a little Ger
man. He did not speak in German.
lie said in English, put that in the
other room.' She said she could talk
little English. DR.. W. Ball
was next placed upon the witness stand
and stated that be had examined the
child, and that she bore evidences of
having been violated. This closed the
testimony for the evening, when the
court ADJOURNED to convene again this
morning, when the examination of wit.
nesses will be resumed.
Mr.. Wood, resident of this city,knew
Mcintosh IN Council Bluffs, Iowa, under
that name, and says that he was Jailed
Tor stealing money from him,and that he
subsequently escaped from prison,
When he came TO this city he met Nc.
lntosh and endeavored 70 have him re-
turned, but the authorities there wrote
back that they were only too glad 30
get rid OF him.
M'INrosH's STATEMENT.
In referring 20 the crime he is charged
with, he makes the following state
ment; He denied it I'm toto, saving that
his wife was lying sick Ia the room adj -
Joining tlat IN which the crime Is said
to have been committed, and thar she
would boar him out ia the assertion that
the charge WAS untrue. lie says he
cannot account for the prosecution,
except IL proceeds from splte
of Knapp against him. lilo saws
Knapp threw his dye stutis near nj.
house and words had passed between
them about the matter, and he had com
planned TO Oili'er Cornwall about IL
ms, he thinks, provoked Klapp, anJ
hence this prosecution. He saw.
he once went by the name Of Nc
lntosh, but that was because he wa.
raised by a man Of that name. lie de
mes That he ever escaped from fail, saw
ing that he was never ia a Jail In his M,
before: lie says his name is Howard
Francis Montresser.
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