Evening journal., 1888-12-14
LAST EDITION
OYER AND TERMINER.

n GNiuenoe TOT hne state IN the Calhoun
Case All in-Liiburne Chandler States
the Defence.
Chief Justice Comegys and Associate
Judges Houston and Grubb were on the
bench this morning when the court of
Oyer and Terminer resumed the sCalhoun
case. Every seat in the court room was
filed with men. The prisoner sat in the
box with his usual Indifferent aspect, but
he took keen interest in the proceed
ings
The cross examination of John J. Bur
n roughs was resumed Mr.. Chandler en-
s. deavored to bring out that the prisoner
4 was intoxicated when he committed the
4 assault, but after a tilt between the
4 court and counsel the court overruled
\ him. Mr.. Biggs recalled John Kirby to
E prove that the assault took place within
Il the city limits
John Ward Bentley who was one Of
s. the men that caught the prisoner testi-
II fed to chasing him aHd to his capture
he heard the prisoner state that he had
accomplished his purpose. Police Officer
Asa Lotiand testified to taking the pris-
oner to the police station The prisoner
was delivered to him by the men who
caught him. Police officer Edward r.
4 johnson testified to going to the house OF
q Catharina Utz in answer to a telephone
call, and to her weak physical condition.
n The back Of her dress was muddy and there
was blood on her face. He saw scratches
4 on the prisoners hands William S.
Walker, who was with the police officer
whose testimony has first been given,
Il corroborated it. Samuel Bush saw the
woman as she was going homeward and
noted her exhausted condition.
Mary Older the & wars nld r;aca ~
] Catharine Utz, was next put on the
u stand. She is young lady of prepossessing
appearance and gave her evidence clearly
q and intelligently.
d She testified that her aunt lived in the
4 same house with her. and described the
Il nervous and excited condition in which
# her aunt was when she reached home.
She could not tell at first what was the
Nj matter, but as soon as she could speak
Y she told the witness what was the mat.
n ter. Her aunt was confined to the honse
N for over a week. Her evidence was not
NJ shaken by the cross examination.
The last witness for the state was the
Il fireman of the shifter, Silas E. Kelly,
Fl who swore that no one struck him with
n a coupling pin that he was the only one
II that struck him and he did it with his
n left hand. The state then rested.
Mr.. Chandler then opened for the de-
n fence by stating his line of defence to the
jury, stating that he wonld prove by his
witnesses and many of the witnesses of
II state that no rape was committed, that
the woman, who is person of extraordi-
nary strength and ability, resisted so
M effectually that the prisoner could not
b accomplish his purpose. He would also
prove that the prisoner was not in his
81 right mind on the day of assault; that he
was intoxicated and not responsible for
VI his acts
The first witness for the defence was
James II. Beggs. He testified that he
did not know of the prosecuting witness
stealing from his coal heap. The witness
had seen the prosecuting witness carry
N ing a bag on her head and wheeling
wheelbarrow. Mr.. Chandler. TO prove the
extraordinary Samsonic strength Of the
n prosecuting witness, asked the witness if
the woman carried the bag on her head
and wheeled the wheel barrow at the
same time, but the witness answered
# "No."
DR.. Henry Patterson testified to
answering a telephone call and going to
the house of the prosecuting witness.
He examined her and found ne bruises
and nothing unusual about the woman.
The attorney general cross-examined the
witness at length and in rigid manner,
touching the examination. Dr. Patter-
son was on the stand nearly an hour.
Jonas Travers Jones, an Every Evening
reporter, who wrote up the article for
that paper, was the next witness. Mr..
Chandler wanted to prove by him that
the prisoner was intoxicated when the
assault was committed. At the first
question bearing on the matter Mr.. Biggs
objected, and then ensued a long argu-
ment on the part of counsel on the
legality of admitting such evidence,
authorities were cited on both sides, and
a great deal of time was consumed. The
court finally ruled that testimony tC
prove that the prisoner had mania potu
at the time the assault was committed
u could be admitted. but evidence of intoxi-
cation could not. Then in answer tC
questions Mr.. Jones said he saw what
n / believed to be drunken man The
witness accompanied the prisoner from
Seventh and Market streets to the City
Hall and conversed with him.
Special officer Winfield S. Pyle testified
that the prison had been drinking JOIN
Clifford, witness, with bright auburn
hair, saw the sprisoner go up Fourtl
street early in the afternoon of Novem
Der -, staggering. In the cross examina
tion he said he was an acquaintance o
the prisoner and admitted that he wa
fined at the municipal court on October
q for drunk and disorderly conduct
Court then adjourned until 3 o'clocl
~ I off