The Durham daily globe. (Durham, N.C.) 1889-1894, 1889-10-06
THE GLOBE BUREAU,

peal Being Taken.
THE GLOBE BUREAU,
RALEIGH, n. c., Oct. 5.
Nh. Thomas Devereux opened for the
prosecution. He cited 59th N. Y. Re-
ports the law as to rape, upon the point
of consent, and read Judge Folger's able
opiaion which he said gave
THE LAW IN A NUTSHELL
and which showed that resistance on the
part of the woman was not required to
be purely physical. He said that this
particular case on trial has had no parallel
in the annals of crime. He made a Sc
we're attack upon Boyle's evidence and
that Geneva Whitaker's character was
attacked her in October as her person
was attacked in May. He said that for
several weeks prior to the crime the hell
of lust had ragged in the heart of Boyle,
and, that on that day he was inflamed by
liquhF. He referred to Mr.. Battles at
tack3 yesterday upon Miss Whitaker's
made up the e substance f6bsd A9+ Of Mr. Battles
argument. At one point in the argument
of Mr. Devereux on the power Of priests,
Boyle said
IN AN AUDIBLE TONE
that a statement was not true. Mr.. De-
vereux attacked the consent theory and
said nothing was more unreal save
Boyles statement that the little, frail
girl had tempted him. He called atten-
ton to Boyle's appearance, his sensual
life, his heavy jaw, his sunken and moist
eyes, not characteristics of a man who
had never attempted to approach Wo-
man. He contrasted the appearance of
BOYLE and Geneva Whitaker and their
evidence. He insisted that this was
case Of
OATH AGAINST OATH.
He charged that Boyle, who by his own
confession held aloof from his congrega-
ton, only cared for the female members
of it. He charged that Charles Young,
the negro, was Boyle's watchdog at the
foot OF the stairs, and while poor, crazy
Father Reilly and little Alice Upchurch
were the only other persons in the build
ing. He charged Mr.. Battle with not
giving all the testimony given by Geneva
while he was endeavoIing to make her
out wanton. He argued the fact that
the affair occurred in the priests front
sitting room instead of his rear bedroom
was clear proof that there was such
thing as consent. Geneva's reputation
could not be whistled down the wind in
in any such way. He spoke of Boyle
again, and of Mr.. Battles own admission
that he was lost to every sense of virtue.
He alluded to BOyle's waiving eXamlna-
ton last May as a decided point against
him. He denounced Charles Young as
periurer and as prOcurer. tie said
that Boyle, who had violated his priestly
vows of would violate the VOWS ofcourse
truthfulness to save his life.
Mr. DEvEREUx's ARGUMENT
consumed two hours and a quarter and
was warmly complimented. He cOnclud-
ed at 11:30, and Mr.. George FL. Snew be-
gan his argument for the defence. He
opened by saying that he felt double re-
sponsibility. He argued that Mr.. Dever-
eux had attempted to arouse prejudice
against Roman Catholics, and criticized
this line of argument. Boyle, he con-
tended, was tried as a man and not as a
priest or Roman Catholic. He asked
no mercy for him, but only justice, and
invoked only the law. He said it was i'm
possible to conceive of rape
UNLESS ACCOMPANIED BY VIOLENCE
on the part of the man and resistance on
the part of the woman, even unto death.
He argued further that no person had
ever heard of rape in a city or on pub
lie thoroughfare, and with people in the
house. He said that if a woman resisted
a long while and then yields it is not rape.
He insisted that Boyle had not planned
this crime and had not for weeks made
advances to her, and said that Geneva
was not the child the State tried to make
il appear, but she was a woman. He said
that he could show there was consent and
that BOYLE could sit and say to the State
that it had not proved its charge. Hede-
scribed
TIE CONDUCT OF GENEVA
in going TO Boyle's room, and said that
the same responsibility which would
force him to lie would also force Geneva
to tell an untruth, and portrayed Gene