Daily Republican., 1886-02-03
FOURTH EDITION.
rhI. mornIng's Csart.

Wntu tuc Jury NttO hAkCa W 49,
Chief Juttice apd retired at IL o'clock.
The name Of james l. Devon, wit
ness In the Hollugsworth case was
called, and ~ he did not answer, Depu-
ty Attorney General Biggs asked that
an attachment should be issued to|
bring him into Court, and the request
WAS granted.
John w. Gain, colOred, indicted for
committing an assault with intent toI
| commit fal1nious outrage on Geors-
lana Victori johnson, WAS placed IN
| the dock and jury drawn 70 try his
| case. The stats IL represented by At
| torsey General Paynter and Deputy
Attorney General Biggs, while Walter
Bacon, ESQ appears for the prisoner;
| The following jurors were challenged
| by Mr.. Bacon Frank Is Pennington,
John T. Alfrey, Benjamin II. Sspp,
George II. Wilson and Levi Fisher.
| Thomas X lrklsv was oalled, but as II
was stated by Deputy Attorney Ger eral
Biggs that he is "a witnefs III another
case, and liable to be called before the
! Grand Jury ~ any moment, he was OF
cused. John T. Alfrey and George II
Wilson, two of those challenged, were
on the jury which convicted Robinson
| OF felouious assault on Mrs Ella +.
Gardner Mt the lac. term OF Court, and
for which he was sentenced TO be hung
on Friday ,AJril 10th.
| Deputy Attorney General Biggs
opened the case by stating the law and
the facts TO thu jury, after which he
commenced the examination of wit
nesses.
Georgianna V. JohnsoH, colored was
sworn aud tssUied that she resides
with her father aud mother In q tenant
ause on farm near Midddletown. She
knows John W. Gain, the prisoner, as
he had room in their house. % the
night of the attempted outrage the wit
ness, with the other children went to
bed, and put the light jdst inside the
door of their room. When they won't
to bed John was in MIidle,o wn, bat
came home shortly afterwards and
came up TO their room.
Tho witness was in bed, and Cain
took the light and went TO his own
room but cams back in a few minutes
with the light, and then went back TO
his own room and undressed, but re-
turned in a few minutes. The witness
then described the attempted outrage,
the particulars of which are unfit for
publication. She said that he had one
hand over her mouth and was smother
ing her 30 that ,sshe could not breath
when he heard her mother coming up
stairs and ran TO his own room.
On cress-examinatiCn the witness
said that she will be 10 years old next
August; when the mother came up
stairs the witness could not speak at
first, on account of being choEed by
Gain, but her little sister said TO the
mother that Mr.. John had been in the
room and cut up awful.
Lena johnson, thirteen years old :,
sister OF the previous witness, was
sworn, and testified that she resides
near Middletowu with her mother,
They moved in the house last Septen
Der and Gain had a room In 1t. She
described the attempted outrage about
the same as the previous witness. and
stated that she, the same as her sister,
: struggled with him as we'll as she
= could.
When her mother came up Stair
Cain jumped out Of their bed aud raj
to his own room, and her little sistel
told their mother that Mr.. Cain HAD
been cutting up awful with the children
and Georgianna screamed that Mr.CaiI
had ruined her.
Amanda johnson testified that she Il
the mother of GeorgisnnA V johnson
On the night in question, she sent tn
children to bed early, as she wanted L
be quiet. Shortly after John came II
and gave her letter, after which BIZ
got something to eat and went up stairs
A man named Jim White came In, an,
the witness sat aad talkei with him 70
some time, and when he left she wen
up stairs.
There was no light 10 the children
a room, and when she went up her seve,
year old daughter told her that JohI
had been in the room and acted awful
' Lena also said shat she did not know
whether he had killed her sister or not,
and the witness hurried down ct air
and got light.
. that Georgianna's clothes were had /,
Torn, and she took all the childrel
down stairs, as as she did not know
what TO do on account OF her husbsn,
beng away. She afterwards took then
Il up stairs again and then went TO Cain
!, room, but upon finding the door locked
knocked and he opened 1t.
She asked him what he meant by sctini
in the mannerhe had toward her dAug htrr
and he replied that he had not injure,
/. her.
Mr.. Biggs then stated TO the Court tina
, 7 when the prisoner was arrested and take
= before the Squire he made a confession
1 that he had committed an outrage upo
It the girl, ard he had now learned that tn
q Squire, who is old and in bad health
q would not be able to attend Court. Tn
e Squire had, however, taken the ore
n caution when the confession was made I
3 have two attesting witnesses, and he no,
J. asked to offer this confession ia evidrnc,
~ Mr.. Bacon objected, but the objectio
n was overruled by the Court, and Purn;
j. Lynch was called TO the stand. Aft,
being sworn he testified that he W;
present when the confession W az read
, Cain, and saw him sign his name To
The witness asked him il he knew VIII,
rape wa, and he replied that he a
not know as he did. In further couve
satiOn Cain told the witness that he hs
., made an attempt to commit an outral
on the girl.
f, Robert r. Cochran also witness,
- Ca ms signature to the con fess sion, an
= corroborated the testimony of the pr
vions witness.
This was the last witness called I
=. the State, and Mr.. Bacon opened 4
the defense by making brief adore
IL W 'Ao jury 1isot whiou nc COLu nence
or the examination of witnesses.
I'd Thomas A. Bordley was sworn. Al
40 testified that he was present ri d
,ic hearing before the Squire, and that d
a nature Of the charge was not explain,
he to Cain, neither was any witness hea
M against him. He thought the COME
ad sion was read TO him, but was not ce
an tain.
iis This closed the evidence on DO
" sides, and Court took recess at -
~ O'Clock until 3 O'Clock this Afternoon
The grand iury came In ~ 10