The record-union., 1891-01-22
MRS. RAINS STORY.
She Tells How "yorkey" Moynahan
Assaulted and Robbed Her.
The Hackman's Trial Commenced Be
fore Judge Van Fleet and Jury
The Testimony.


The trial of Thomas, better known as
Yorkey," Moynahan, the hack-driver,
charged with having robbed and criHli-
nally assaulted Mrs. S. A. Rains on the
24th of September last, was commenced
before Superior Judge Van Fleet yester
day.
Hiram w. Johnson appeared as attor-
ney for Moynahan, while District Attor-
ney Ryan took care Of the prosecution.
1t was decided to try Moynahan on
each charge separately, and the grand
larceny case was first taken up. The
jury consisted of the following named
citizens: A. NJ. Cunningham, Hiram
Gribble, Samuel Blair, J. NJ. Henderson,
G. w. Baker, L. G.. Stever, J. II. CARING
ton, N. S. Billingsley, C. Kellogg, VIM.
Ashby, w. D. Knights, n. Champlins.
MRS. RAINS STORY.
Mrs. Rains was the first witness called.
She testified that on the evening of the
9th of September she arrived in Sacra-
mento ON the train from YurlociS and en-
gagged Moynahan to drive her to a re-
spectacle hotel. lie took her, after driv-
ing her about the streets for while, to
the Grand Hotel, a clearinghouse on
Front and X streets, and then left his
team and went upstairs after her. Once
inside her room, he endeavored to make
criminal assault upon her. She fought
him, and in the scuffie her clothes were
badly torn and her limbs, face and neck
more or less bruised. After this, she said,
he took $50 from her.
On cross-eXamination Mrs. Rains de-
MED positively that she was drunk at the
time she met Moynahan. She had taken
couple of drinks, but they had no un-
usual effect upon her. She said she never
drank SO much as not to be able TO take
care OF herself in her life.
How many drinks do you generally
take. day, madam" asked Mr.. John
son.
''None of your business was the saucy
reply.
The Court instructed the witness that
she must answer questions of counsel
civilly, and also instructed Mr.. Johnson
not to ask the witness about matters not
material to the case.
Continuing, the witness said she did
not know why the bus driver refused to
allow her to ride. She then met Moyna-
han, and accepted his offer to ride in his
hack. She told him to drive her to the
Western Hotel, but he drove her all over
town instead, until she protested. He
then drove her to the Grand Hotel, at
Front and X streets. Moynahan and
some other man (she thought he was the
clerk, took her upto room. They both
left then, and she told Moynahan to bring
her up
GLASS OF SODA WATER.
She waited for Moynahan to come back
with the soda water and collect his hack
fare. When he came back she asked him
why she had been given a room with two
beds in it, and Moynahan said he was
going to stay there. She spurned him,
and Immediately he assaulted her. They
must have struggled, she thought for two
hours, and her clothes were torn off of
her. During the struggle some man came
to the door and said the noise would
have to be stopped Moynahan slammed
the door in the mans face, and renewed
the assault upon her. He also took her
money from her.
The witness also stated that since the
arrest of Moynahan, she had worked two
weeks, and had also helped to support
herself on some money she received in
this city from hackman who asked her
to go away. He gave her S43. She came
back to testify because the Sheriff served
subpoena upon her.
HEARD THE DISTURBANCE.
George e. Williams was the next wit
ness called. He testified that he was
lodger at the Grand Hotel on the 9th of
September last. He heard disturban nce
that night in one of the rooms. He heard
a woman crying and begging for cher
money" The proprietress OF the
hotel asked the witness to 90 to
the room and see what was the
matter. He did so. and Mrs. Rains told
him she had been robbed and assaulted
by Moynahan. The witness then went
out and notified special officer May, who
arrested Moynahan. The witness was not
permitted to testify to anything that Mrs.
Rains told him, on the ground that the
defendant, Moynahan, was not present at
the time. He stated, however, that Mrs
Rains clothes were badly torn
On ion NV o+f Tob,,
son, Williams said Mrs, Rains was a little
under the influence of liquor, but he
denied that she was drunk or that she did
not know what she was doing.
Mrs. Mary Boban, proprietress of the
Orleans Hotel, was called by the prosecu-
tion and asked if she had examined Mrs.
Rains person and found her covered with
bruises.
The defense objected, however, and the
witness was not allowed to answer.
The witness, in answer to questions by
Mr.. Johnson, said that during the time
Mrs. Rains stopped at her house she was
intoxicated frequently.
Mrs. j. Drake, proprietreSs of the Grand
Hotel, testified that on the night OF the
24th of September somebody came to her
room and told her that woman was cry
ing and being abused in one of the rooms
upstairs. She did not hear the woman
crying. She sent Mr.. Williams up to see
what was the matter. Witness did not
see Mrs. Rains nor Moynahan. as she
was confined to her room with illness. A
young man employed for the purpose
rented the room TO Mrs. Rains
Clara Fitzgibbons, an employe at the
Grand Hotel, testified that she ''made-
up'' the room occupied by Mrs. Rains.
The defense objected to the witness testi-
flying as to what she saw, and the court
sustained the objection.
OFFICER MAY TEsTIFIEs.
Officer Richard May was the next wit
ness called. He testified that he had
been a special police officer in Sacra-
mento for sixteen years. On the night
of the 24th of September he was called to
the Grand Hotel. He was sent to Mrs.
Rains room. She was in a disheveled
condition and told him that she had been
robbed by Moynahan, who had by this
time left the place. The witness went
out and, getting officer Campbell to go
with him, arrested Moynahan at the
stable. They brought the defendant back
to Mrs. Rains room. and in his presence
Mrs. Rains said he had robbed her of $50.
and had also attempted criminal as
sault upon her. Moynahan denied that
he had robbed her, and when searched at
the Police Station So was all that was
found upon him. The witness considered
that Mrs. Rains was in an intoxicated
condition when he saw her, but he was
confident that she knew what she was
doing.
Police officer Campbell was the next
witness the prosecution desired to eX-
anime, but it was stated that Mr.. Camp
bell was i'll and confined to his home.
Judge Van Fleet ordered Il recess until |
this forenoon, and Instructed the Sheriff
TO have Mr.. Campbell in court if his con-
dition wouid permit.
The criminal assault charge pending
against Moynahan will be taken up i'm