Telegram-herald., 1888-03-18
De KORNE ACQUITTED.
T4s IUsY FOUND riM NOT s0llTY-
a Case " slsA o&s AEzF~sssa csssla-<ssas
AaEs1Eiss - fhss Dlspsssa sf-Jsass
Bzxsi1sssss's Charge -
kns J4ry


At tns opening Of the SapsrioF CoGrt yss-
tsriay norninx. Frank q. Holmes. attorney
f3r Jaa.ss Dsk0ras. charged win commit
Iing "a assaals vita inLsnE - rape. ca hitis
ssnnie etrapeft. made lis plsa % tne l1rys
foliowsd ~ Assistant Prosecuting Attorney
CsEroli xiIh hls closing argument Tie
Judge charged tns Jury ~ lsngth. and sslsf
4aife a lonx dsilbsrali0n verdict Of n0k
s1ilty -as DroaxnE ia 4nd tne aefe8dAat
sas dishc4rgs1 Jadgs BaEhnganas' easFgs
Gas az fo.ioss.
--rhe ofsnss ia the nFst count OF tais IN
f8ruati0n charged Is . statutory offsnse
brought under second $50 OF Hosei.'s
statutes aad Is "a lOlloss II any person
shall assault ans female with latent 10
cOfumls t1s crime u rape he s1all oe dsnlsd
= fel04i0us assa1lter, elc-
Rage IA this state il defined 20 De the
c0faal knOsisdge II any woman above the
age II IA years against her viii. or OF a
cnlld aadsr IA years then With. or against
nsf sil and suen cofnal kn0sledss snau
bs complets apoa proof OF psnstratl0n oaiy
aud l. matters lot how slight the penetra-
tlOn lI 3 sfiil rape. 80 that IN this case II
yJu should nnd from the evidence that the
respondent even ~ith the full and tree con-
scot n Gnis child, she being under IA years
OF axe. penetrated the person of tnls little
ziri, thea IL sas rape ans under the nrst
count Of this information the crime OF as
suig siEa intent 10 c0mwit RATE vas con-
mlIIsd, Tor no person can actually eommit
rape and not 10 guilty of assault with
inssnt 20 rape.
Aad tue question does not arise AZ all As
10 whether Enefe vas any physical hurt or
injury or o9tcry for II Ia this Case there WAS
al the east psnetraIiO0. no matter II so
slight as 10 cause no paIa Whatever 70 the
lizzie giri s8d even though she voluntorlly
consented sill the offense would oe con-
mlgfed.
such would not be the case with female
over Ia years Of age. bat such Is the law en-
acted oy a wise legislative 10 throw sale
guard and protection around the persons
and virtue OF children OF such tender years
as 20 DO unable 90 cape With and resist the
vilss OF the insinuaIing seducer.
fyou nnd frOE. the proof in the case and
beyond a reasonable doubt that the oIfense
charged IN the hrst count has been CON-
mittec. then your verdict should be accord
iugiy Ii you do not so ind. then under
the second count II you And that the re-
spondent being q male person over Ii years
Ot age. made an assault upon this little gtri
| being under IA years, took improper liber-
ties with her person without committing or
intending to commit the crime OF rape. tnen
your verdict should 10 guilty under the
second count To ind under the second
/ and not under the nrst count you must
| ind that there wa no penetration. and no
attempt nor intent SO 10 do. Tor If there was
| the crime would come under the hrst and
not the second count.
| The defense in the case Is first, that the
! crime was not com mitted and the principal
witcess Is the respondent himself. Under
1 our statutes . respondent Is permitted 10
| testify under oath the same as any other
witness. and II Is your province to weigh
his testimony and give 10 II such weight
| aud credit as. under all the circumstances,
/ you may deem il entitled TO: you you can
| give II gFe.ter weight than that OF any
other witness or witnesses, or you can re-
/ jsct il entirely IL un nworthy of credence.
An alioi has been sought 10 be proven, in
other words, the defense have attempted 10
prove that the respondent Vas not at his
store at the time the ohsnse IS alleged and
| testified To as having been committed, but
a a remote place attending to a sick horse.
/ You have heard the testimony aud IL is for
/ you % give such weight as you think il en-
/ titled %, and IN view oil all the evidence
upon the point you entertain . reasonable
DOUBT OF the respondents being present at
/ his store AT th e time of the alleged commits
/ mission OF the offense, then IN that case IL
/ Is your duty to reject, for you cannot enter
| tain dOucs of his being where IL was posi-
| be 10 commit the crime and not have a
doubt OF its commission.
If yOa fnd that the respondent took this
| little girl by the hand aud led her into mis-
back room with intent 10 take indecent
| and improper liberties with her but with
no intent To commit the crime of rape, and
| sftsr arriving there was, by any means,
| prevented from so doing, then, even though
/ you cannot convict under the first or Sec
ond count, proper. you still may convict of
an sssault and battery or OF . simple assault
although he did not take improper liberties
/ with her.
| Some evidence has been introduced for
| tie purpose Of establishing the good char
I acter o. the respondent The good reputa-
1 tiou OF person. ia courts Of law Is proven
l by witnesses WHO swesr that they know
the general reputation Of such persons in
the nsighborhood where be resides from
tbs general speech OF people and that II is
good ia ths direction sought.
Good character when proven is an i'm
Dortsnt part with every man azd never
| more 50 than when he Is put on trial
| charged With sn 0fense. Good character
may not only raise q doubt OF guilt, but
| may bring 10 the mind 4 conviction OF in
nocence. In every Grim ii trial it is a
| fact which the defendant is at liberty TO
put in evidence and bring in. The jury
nave right to give il sach weight as they
/ tuiux u entttleu 70
In great crimes testimony Of good char.
sctsr Is 0f less avail than IN minor 0fFensss,
! ous is competent evidences TO go to Jury
AMI - a species Of evidence which the &C.
cased has right to ofsr. and when before
/ ron you are to consider it tor what IL is
l worth.
The respondent comes into court envel-
I oped in a name Of innocence and so con
I tinues Until it i removed by proof on the
part Of the people OF bis guilt beyond a rss-
/ s01s6ls doubt
BY prOcf beyond . rsssonsbIs doubt
mean such proni AZ preci1ties every rsssOo-
I able bypothisss except that OF the respon-
dents guilt II = proof 20 a moral cerisiaty
/ "a distinguished from al absolute certainty.
/ Proof befon6 a reasonable doubt "a not bs-
I yond al imaginary doubt, but such proof
~ satisfies the judgment and conscience Of
/ f1e jury a. reas8nable men. and applying
I their reason - tae sTidsncs before tnsm
+ tesf the crime charged has See1 committed
| b. tbs respondent 40 satisfies tasm as -
/ leavs 10 other reasonable conclusion pos
/ sibis.