The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-12-11

THE RAPE CASE.
Pitt in COurt-The Testimony For
the Pro eeutiOn.

Court yesterday afternoon the case Of
the People against James Pitt, charged
with an assault with intent to commit
rape upon Miss Marion Keller. of Cor
inne, was called. The box was filed
with jurors and Mr.. Kimball, who, with
E. r. Chase, defended Mr.. Pitt, began
the examination.
The defendant, a young man Of
about 2s years of age occupied seat
next to his father, who n turn sat be-
side Mr.. Kimball. Mr.. Pitt. the de-
PENDANT, stands about five feet eight
inches high, has a full round face,
rather large eye. and well-formed nose.
His chin is full and round and his
lower Jaw rather heavy. His forehead
is low and inclined TO be retreating.
his back head beng quite Welcomed.
His face wore beard of about twenty
four hours growth, while bis upper lip
carried very neat sandy-hrown nous
tache.
During the examination Of the Jurors
the prosecuting witness, Miss Keller,
and the lady companion who accom-
panied her on the awful evening named
in the Indictment, Miss Pitt came into
]
the bar. The former ladE is rather
small in stature and quite gobd-loOking,
the latter being rather pleasant look
ing and intelligent lady. though some
what larger than Miss Keller.
After the jury was empsneled and
sworn, Mr.. Borrower made his opening
statement TO the jury, reciting the story
of the assault as il has been published
in The HERALD.
William Gilbert was the first witness
called by the prosecution. He testified:
Live near COrinne: know the defendant
and the two ladies; was driving with
my wife on the oath day Of August last
from COrinne 10 my home: met the de-
fendant going toward COrinne; had just
proceeded to the home OF nv mother
in-law when Miss Keller came up and
cried: For Gods sake, Mr.. Gilbert, 20
back and save Katie Pitt. a drunken
man has her down and is numbering
her." / did not wait long, but jumped
onto q horse and started back up the
road; had three gates to open before
got to the biiige where the struggle oc-
Cured, but was not long in ar
irving there. When l got TO
4 the bridge I found the buggy
lying on the ground and several articles
OF ladies wearing apparel scattered
around on the ground. Miss Pitt was
not 70 be seen, neither was the horse
anywhere around. Some sui lhur was
also scattered around or the ground.
Miss Keller said that she did not know
who the assailing person was Nothing
Important was elected on crOss-exami-
nation. The witness lived about three
quarters OF q mile from Pitts ranch.
She met no other person that evening
Except the defendant.
]
court asked her If there were anything
in the case which would embarrass her
10 tell before so many men. She re-
piled that she preferred to not testify
before q greater number OF men than
was necessary.
After a few moments consultation
with the witness and the Prosecuting
Attorney, the court requested the
auditors who were present and who bad
no business in the court loom 70 retire.
The request did not apply TO jurors or
70 ladies. A recess Of five minutes was
taken and the court room was almost
few ladies only remaining
At the conclEs on OF the
recess Miss Pitt took the wit
ness stand and testified: Ny name is
Katie Pitt: live IN CoriBne; went to
Brigham City IN q horse and buggy,
with Mamie Keller. on the oath day Of
August last; met the de endant on that
evening; know Mr.. Pitt when l see
him. She then related that she saw
the defendant coming on horseback
along the road; he rode some distance
past, aud then turned around and came
back, stopping Us right on the bridge:
he was on the bridge. and tried to lie
his horse to one side Of the bridge, when
/ struck my horse and his horse and
him with my whip, causing his horse 10
lump 10 one side; Pitt caught hold of
nv horses bride, and backed the ami
NAL until the buggy was cramped, and
finally overturned; he then caught Miss
Keller and threw her 10 the ground,
holding her there. while he used the
utmost endeavor 10 overcome her re-
sistsnce and tase improper liberties
with her person: ! struck him with the
whip until he left Miss Keller, and be
gan an assault on me; he caught me by
the neck with MS arm and forced me
10 the ground. endeayoring 10 over
come me as he had tried to do
with Miss Keller. Miss Keller sf first
struck him with the whip until she
broke il. and then she ran for the assist
ance Of Mr.. Gilbert. The witness then
related how she attempte 70 straighten
the buggy, but could not do so, ana
how she finally embarrassed the animal
and led il away.
-examination-When the buggy
was tipped over Lit on my feet between
the two wheels. SIS Keller falling on
the ground. The man never said q
word during the whole Of the struggle;
he tried to hide his face. Miss Keller
fell alongside OF the buggy; Pitt, when
FIRST / saw MIN. was leaning over her.
de not Know but be had one knee on
her body. We did not say anything 70
attract his attention when ne passed
Us; did not say anything. Pitt held his
horse by having rope wound around
his arm.
Miss Marian Keller next took the
stand. She lives in Corin1ei went 10
Brigham City on August p with Miss
Pitt. Could not say what time we re-
turned. bur IL was late IN the
afternoon. Know the defendant. but
had never seen him before that
afternoon. She had no trouble,
however, in recognizing him now.
tThs uitnsss then told the cream