Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-03-27
ON TRIAL FOR HIS LIFE.
A Priest at Raleigh, n. c.. Charged
With Assaulting a Young Lady.
Once Tried, Convicted and Sentenced, He Sc
cures New Hearing, Which Opens To-day
Damaging Evidence.
Special TO the Gazette.

by the superior court OF wake county LOT
the second trial Of Father J. j Boyle,
of this city, the Catholic priest who is
charged with criminal assault upon the
person of Miss Geneva Whitaker, a sew
enteen- year-old girl who was organist in
the church of the Sacred Heart Of Jesus,
over which he presided as priest. The
alleged crime was committed IN the
month of May and his first trial took
place in October last, when he was found
guilty, and as this crime in North Caro-
lima is punishable by death, he was sem
fenced to be hanged on Friday, the 29th
of November last.
Through q technically added to the
claim that he was convicted because Of
his religion, he was granted a new trial
by the supreme court of that state.
Probably no case at court ever at
tracted more attention in North Carolina
than this one, and because of the fact,
so far as is known, that it was the first
instance on record of a Catholic priest
being charged with the crime of rape,
the interest felt in the trial was wide
spread throughout the country.
The story of the crime, as condensed
from a voluminous mass of evidence, is
herewith given: On Saturday afternoon,
May IL, 1889, Miss Whitaker, in COM
pauy with a girl friend, went to the
church of which Father Boyle was priest,
for the purpose OF dressing the altar.
The two girls had not been there long
before a negro boy, in the employ of
Father BOYLE, came into the church and
told Miss Whitaker that the priest want
ed to see her, as he had just returned
from New Bern, and had q message for
her. Father Boyle was then IN his
sitting room, which, with his sleep
ing apartments, was connected with the
church building. Hitler she went, tell
ing her companion she would return in
few moments. After she had entered
the room, and the two had exchanged
salutations, the priest is alleged to have
seized her by the arms, and pulled her
into his lap, thereby mourning her re-
monstrance, and causing her to remind
him that that was "not the way for a
Catholic priest TO act - Whereupon he
asked her, "whose business is it if
priest chooses TO love a pretty girl and
marry herr"
She struggled to get away, but his
strong arms held her firmly, while he
showered passionate kisses upon her face
and neck.
1t was next alleged that shs was
thrown violently upon the floor, she
screaming as loud as she could. To
silence her cries he took her by the throat
and told her he would shoot her if she
didn't keep quiet. He then success
fully accomplished his purpose. He
asked her if she would not marry him.
This the girl refused to do. He next
babe her go into his bed chamber ad-
SoSF nd 10 Of hp-
comeIdisarranged in the struggle. He then
threatened to kill her il she told anyone
of the assault. She hurried out of the
room, and returned home, where she at
once narrated to her sister the details of
the affair. The latter tainted at the an
nouncement, but an hour later told her
father, who lost no time in getting a
warrant for the arrest of Father Boyle,
and the priest was soon incarcerated in
the city prison. medical examination
proved that the girl had received serious
and painful injuries, and about her per-
son there were numerous bruises, that
corroborated her statements.
The feeling in the community against
the priest was furious, and threats of
lynohing were freely INDUCED in. The
fact was developed that he had been
drinking milk punch that day, and was
assault was made. The priest employed
eminent legal talent, and vigorously
prepared TO fight his case, the principal
line of defense being that no assault was
committed, and that the act was not
without consent. At the trial, which
took place five months later, the priest
went into the witness box and testified
in his own behalf. He gave his name as
James Joseph Boyle, and said he
was thirty years of age. His birthplace, |
ne declared, was Luserne county, Penn |
sylvanis; that he had been educated at
st. Francis Xaviers college, New York, |
and was ordained priest in Illinois. He |
said he had come to North Carolina about |
year ago, at the request of Bishop |
Haid. He testified that the young lady |
had visited his room repeatedly, and |
while there she had sat in his lap and |
kissed him first He admitted having |
taken liberties With her, but said that |
she made no objections to his ap- |
proaches. He denied having made |
any threats of violence dnring the /
last visit when the assault was made, |
and swore that all was with her con-
sent. In that he claimed that she |
tempted him. He said that he made |
no attempt to show the young lady her |
error in making advances to him or to |
with her, at he did not con- |
slider himself custodian of her moral |
character, he had prayed against |
temptation, he said, but the devil and |
this child had led him astray. and her |
bold manner had encouraged him to |
shamefulness. The priest displayed re- |!
markable tact and ability as a witness, |
using good language and telling his |
story in plausible, forcible manner.
Miss Whitaker's testimony was given /
IN a modest, artless manner that carried |
conviction with it. Her character was |
proven TO be beyond reproach, and al
together the evidence against the priest |
was very strong. 1t took just three |
hours for the jury TO bring in a verdict |
OF guilty, thereupon BoyIe's counsel |
promptly appealed for a new trial on the |
ground that the verdict was CONTRARY |
TO the charge made by the judge to the |
jury. Boyle counsel alluded to the |
strong and abiding prejudice hereabouts |
against the Roman Catholic priesthood, |
particularly among the country people, |
OF which class the entire jury was COM |
posed.
Upon being asked by the Judge if he |
wished to make any remarks Father |