Evening journal., 1888-12-15
LAST EDITION
TRIED FOR HIS LIFE.
CaIhoun's Case Goes to the Jury.
Stolid Indifference of the Prisoner.
The Charge of the Chief Justice.

CaIhoun's Case Goes to the Jury.
Stolid Indifference of the Prisoner.
The Charge of the Chief Justice.
The Oyer and Terminer court room was
crowded with men yesterday afternoon,
drawn thither out of curiosity, to hear
the proceedings in the Calhoun rape
case.
In the continuation of the case, David
III. Wells, a witness for the defence. tes-
titled to seeing Catharine Utz, the prose
cutting witness carry large roll of car
pet on her head Joseph Dutton, Sr.,
had seen her carry sack containing a
bushel and a half Of coal on
her head. Joseph Dutton, Jr., son Of the
previous witness, had seen the woman
carry a sack of coal on her head and part
of cross tie in her arms. Mrs. Mary
Tatmun saw the prisoner at noon on the
day of the assault. He was in a weak
ened condition. probably from excessive
drinking. Thomas kavanaugh and John
Dougherty swore that the prisoner was
drunk on the day of the assault. Ed
ward Given, Charles Ashley, Franz Gin
glebach, John E. Black and Joseph
Campbell testified to the heavy loads
Catharina Ut2 had carried on her head
John Calhoun, the father of the pris-
oner, testified that his son was intoxi-
Gated the day the assault was made and
had been drinking several days. With
this witness the defence rested.
Dr. l.. II. Dravo was then called on re-
buttal for the state as specialist and
expert. He testified to examining medi-
cal authorities on rape thoroughly. and
to making an examination of Catharina
Utz. lie stated the results and the con
clusions deduced from it, DR.. Howard
Ogle, DR.. p w. Tomlinson and DR.. Will
lard Springer also gave evidence as medi-
cal experts.
Seven witnesses previously called by tho
state were recalled to testify to the pris-
oner's sobriety on the day Of the assault,
after it had been committed. George W.
Burroughs saw the prisoner between /
and o'clock the day of the assault. He
then appeared sober. With this witness
both sides closed
Deputy Attorney General Davis then
began to sum up the evidence for the
state. He reviewed it thoroughly, speak
ing for about forty minutes At $50
O'Clock court adjourned until 8 o clock
this morning.
Lilburne Chandler, Esq, begun his
argument to the jury in the Calhoun case
when the Court of Oyer and Terminer
re-opened at o'clock this morning.
He spoke for over an hour, claiming
that the committing of the crime was
not proven. Mr.. Chandler appealed
pathetically to the emotions of the jury
to save the prisoners life.
Attorney General John Biggs began
the closing argument for the defence at
1920 o'clock. He concluded at II 30
having made strong argument for tho
conviction of the prisoner.
Chief Justice Comegys was twenty
minutes in delivering the charge to the
jury He complimented the Attorney
General fer the interest and skill he had
displayed in the prosecution and said he
deserved great credit. He explained the
legal definition of the crime of which the
prisoner is accused at length. He ruled
that to convict, the crime must be proved
and that the confessions of the
prisoner need not be taken conclusively.
The charge was slightly favorable to the
prisoner and may prevent a conviction.
The jury retired at II. 55 o'clock
All through the argument and charge
the prisoner retained the stolid indiffer-
ence that has characterized him
through the trial. After the iurV
retired, many of the audience crowded
up to the prisoners box to get glimpse
of him, Some who knew him spoke to
him and he smiled a sickly smile, keep
ing up the movement Of his jaws on his
tobacco continually.