The sun., 1891-06-03
An UNWILLING COMPLAINANT.
She 10 Ready to Marry tho Man Whom
Her Testimony Convicted.

She 10 Ready to Marry tho Man who's
Her Testimony Convicted.
Bertha Merzel pretty girl about 1s year.
Of age. was reluctant complainant yesterds,
In the General Sessions before Recorder
Smyth against John Hartley, who was on trim
upon an indictment charging him with assault
ing her with knife. with intent to kill or
May ~.
Il DESIRE your Honor" interposed LAWYER
Keller. Hartley's counsel. ito say. in nv
clients bohnlL that he deeply regrets the oc.
currence Of May -. and that he is willing to
plead guilty Of assault and battery. Further.
more he Is willing to have your Honor marry
him to this young laly. Then your Homer can
suspend sentenco. and this unhappy af1ar
may end happily. after all"
Il will have nothing to do with bargains OF
any kind" rejoined Recorder Smyth warmly.
II do not sit hero for that purpose. The
charge on trial here is made by the people OF
the State OF New York upon the complaint OF
this girl. and jury has been impaneled to
pass upon that charge The trial must pro.
coed. As to your clent's ofrer 10 marry this girl
II her complaint against him is true. should
not molly be unwilling to marry her TO him.
but should advise her strongly not to marry
man. who rs she alleges: assaulted her with
Q knife. as she claims ho did. will not accept
hf Thss sa GsrGa Mer7e The W .ydn,
ness testified that Hartley cnilsd upon nor
and an . asked hsr to sccompany him to the the.
tire that evening. He wRS intoxic0 cd. and sh O
refused AZ that point in her testimony she
ASKED Mr aGSs Ss.dshs ,ss Miss II ss p
Ice co,It that he stabbed you -four. times in
the right side OF your throat and face and
th the1e are scars IN that part OF your face and
Il don't know anything about the stabbine +"
then after refused 10 90 W to the niss ihss.rs. ,Ts.
1oh When Ss sne ny senses was IL my bed
noiise court, but 1 don't know who wounded
his sds Mss Ms1e
che s was under cath. aud liable 70 punishment
mens that she lost her senses at the time Of the
wounds, but Recorder smyh made her ad.
senses she was alone in tue room with HARLEY.
Then she denied that she knew whose knife It
that the ssnsd SSf % 1h h' b
the ns she Pn sr
Marey ana al he a lad sS et It at hef souss
In cross: ex animation Lawyer Keller asked
her ile IL shs had not sworn IN her formal with.
10 her. and thae ss beeyeS
ufu. replied Miss MerZel: and don't
stanme."
:" Notwithstanding the fact that you were
stabbed four times. and that you swore in the
police, court and before the Grand Jury that
he stabbed You Intentionally" ?" asked Recorder
Smy,h.
Miss Merzel did not answer.
Regardless OF what has happened. Miss
Merze,. you belie> Q that this defendant did not
intend to injuIe you. and that he loves you
md md you are wiling to marry him now and
hero - Lawyer Keller next asked.
Mr.. Mncdonn objected 10 the question as ir.
relevant and immatcrial. and Recorder Snyth
ruling. Miss Merze answered:
Yes do. sir. and 1 am willing to marry
Hartley did not take the witness stand in his
own behalf The Jury convicted him OF a.
sanlt IN the second degree with intent TO do
bodily HARM. and recommended him 10 the
mercy OF tho Court Recorder Smyth rsmandoi
him to await sentence. He may be sentenced
to State prison Tor five years. When he was
taken from the court room. hand .ufTed. Miss
Merzel met him in the corridor and whispered
cheering words to him.