Evening journal., 1888-12-13
LAST EDITION
ON TRIAL FOR HIS LIFE.
Decide william CaIhoun's Fate-Cather-
inc Utz on the Stand.


Twelve Good Men and True Selected &c
Decide william CaIhoun's Fate-Cather.
inc Utz on the Stand.
The special term of the Court Of Oyer
and Terminer called to try the rape case
of William J. Calhoun, convened at 10. Is
o'clock this morning with a full bench.
After the roll of jurymen had been
called the prisoner was brought in be-
tween two tipstaves. Clerk of the Peace
Cochran then read the Indictment charg-
ing the prisoner with assault and rape
upon Catharina Utz on November 12.
The prisoner pleaded mot guilty"
Lilburne Chandler, ESQ, counsel for
prisoner. asked leave to file an affidavit
Of members Of the prisoners family stat
ing that he had not the means to pay his
witnesses. Mr.. Chandler stated TO the
court that he was willing to plead guilty
of assault with intent to commit rape
but Attorney General Biggs showed that
according to the law this could not be
done under the Indictment, and even if it
could, he would not accept the plea
AT lO.3O o'clock the clerk began to
draw the jury finishing at 11.30 o'clock.
The defense used the privilege of chal-
ienge freely, challenging sixteen Jurors.
The jury finally drawn is as follows:
John Elliott, George II. Ford Thomas
Heatherton, Thomas Hill, Joseph l.. Per
kins, Walter Grace, John Beck. Robert
Armstrong, John Donohoe, William G.
Baugh, Abel Hannah, Benjamin r. Shep-
pard.
The following were challenged by the
state: John ]. Boyle. Thomas Whitcraft,
Jacob S. Cochrane, John Webster, George
f.1la ,,I
ing were challenged by the defence:
John L. Deputy, Jonathan E. George,
Thomas r Day Jacob w. WAY. Viii
liam II. Lofand, Richard Mahonev,
Joseph A. Daniel, Benjamin =. Dixor.
Henry G. Naudain, William II. Mitchell.
Pusey Pennock, William p Kershaw.
William P. Collins, Eli S. Naylor
Thomas G. Porter, and Enoch Moore.
The latter had formed an opinion but be-
lieved he could render a true verdict
from the evidence
William ]. Jones, John F. Brady, vii
liam Hughes, Benjamin Johnson, Jonas
Kaiser, Frank II. Latimus and Richard
Clayton had seruples against capital pun
is1ment. Thomas S. Wells was callCd d
b 1t was not present. George Morrison
q ID William H. Shippers had formed and
expressed an opinion and could not
render a true verdict. William Hanafee
had also formed and expressed an opinion,
but thought he could render true YER
dict. He had scruples against capital
punishment, however. Francis w. Hyatt
was ex cused on account of sickness. The
jurors not in the case was discharged
from any further attendance
After the jury had been drawn, the in
dictment was read TO the jury by the
clerk, and Deputy Attorney General
Davis opened the case for the state read
ing the law and stating the circum-
stances of the assault and rape, the de-
tails of which are familiar to the
public from reports published at
the time.
Frank R. Carswell was the first witness
for the state. He testified to making
plot Of the locality where the assault
took place, and explained the same to the
court and jury. The plots were put in
evidence
Catharina Utz, the prosecuting witness,
was then put on the stand. She is a
short, unattractive old woman. She could
not speak English and Walter A. Yaeger
of the Erie Presse of this city was sworn
as interpreter She testified through the
interpreter that she was 55 years old and
lived on Fourteenth street. She first
saw the prisoner about ~ o'clock
on November 10. She was picking
up coal on the track. He offered his
hand as if to shake hands with her, 81 Q
lifted her sack Of coal on her shoulder
and he threw it down. He threw her
down, put his hand over her mouth and
accomplished his purpose. The witness
told the story of the assault in every
particular and detail
She testified that she struggled and
screamed continually. She never saw
the man before. AS the witness could
not see well she was taken down before
the prisoners box where she doubtfully
identified him as the man who commit
ted the assault upon her.
On the cross examination she told OF
the people she lived with and denied that
she slept with either Of the men in the
house The counsel for the defence also
tried to impeach her character by an ef-
fort to draw out confession that the
witness had been arrested for larceny.
The testimony Of the witness in its facts
was not shaken. At o'clock court I'D
jOurned until o'clock this afternoon.