Los Angeles herald., 1891-09-18
THE DALTON CASE.
A Somewhat Peculiar Trial
for Alleged Rape.
PrecOciOus Bertha Hagerman
Tells Her Story.
Mrs. Sullivan Claims to Have Been
An Eyewitness.
The Prosecution Fail So Far to Make
Strong Case-The Testimony
at Yesterdays
Session.

Inc CaS0 Oh M. M. DdlLOHi aA GA
police officer of this city, who is accused
of having committed the horrible crime
of rape on child, came to hearing
yesterday morning in the police court
before Justice Austin. The defendant
cannot possibly be said to bear an APP
pearance of gross immortality, for he is
tall, dark man, whose pale, thin coun-
tenance, contrasting strongly with his
jet black beard, suggests rather an
ascetic or an inyald. He has a curious
habit Of wearing a black shirt, as well
as black clothing, and this somber at
tire all the more detracts from any sug
gestion of flleshliness.
When the case was called Deputy Dis
trict Attorney Diehl asked the court to
exclude the public, but was antagonized
in his request by the prisoners counsel,
@. O.. Stephens. Eventually, after
argument by counsel the court decided
to hold an open session, inasmuch as
the defendant was desirous, according
to his counsel, of having every feature
of the case thoroughly ventilated.
The little girl, Bertha Hagerman,
upon whom Dalton is accused of having
committed the assault, was called to
the stand. She is 9years of age, but looks
younger, although she makes an inn
preston of mental precocity. She
talked of the matter with remarkable
GOODNESS, and it was difficult matter for
the defense to entangle her in contra
dictions. In. fact the little tot seemed to
have learned her lesson extremely we'll,
if she really had been instructed as to
her testimony.
She described very simply how Dal-
ton had played with her as they had
often played before. How he had asked
her to go up stairs to his room ,and how,
there, he had opened her clothes and
had caused her to lie down with him on
the bed. What happened there, she
declared, had not inconvenienced her
any. In the cross-examinat1on she was
caused to contradict herself, and ac-
knowledged repeatedly, that she had
been instructed as to her evidence by
Mrs. Dalton, wife of the prisoner, and
by others.
The afternoon session of court opened
with the examination Of Mrs. Clara
Sullivan. who has been guest at the
Daltons for some weeks, and who is al
legged to be the only eyewitness of
the crime supposed to have been perpe-
trated. Mrs. Sullivan, according to her
testimony, is the wife of Jerry Sullivan,
a cattle dealer ofDetroit, Michigan. Sui
livan is her second husband.
She came to the coast for her
health with her little daughter and her
mother, who are now living in Pomona.
While visiting Redondo Beach she met
Mrs. Dalton, and a remarkably strong
friendship seems to have arisen between
the two, their affinity resulting in visit
of Mrs. Sullivan at the Daltons and Ha-
germans, who have occupied the same
house. On September I'd, the date of
the alleged outrage, Mrs. Sullivan, ac-
cording to her testimony, was sitting in
a room on the first floor of the house,
writing letters. She noticed that Dalton
and little Bertha were having romp on
the porch, and distinguished the words,
''up stairs" from the conversation. A
short time afterward she heard Dalton
and Bertha going upstairs to the room
where Dalton slept, and, becoming Gu
rious, opened her door and went up the
staircase to listen. There she heard,
within few minutes, the heavy painting
of man, presumably Mr.. Dalton, and,
upon approaching still nearer, observed
him in compromising position. She
acknowledged on the stand that she did
not see the child, but said that she was
convinced at the time that the child was
present.
"When you observed. such evidence of
a terrible crime," said Mr.. Stephens in
cross-examination, why did you not
cry out for help, or make some other
effort to stop the defendant?"
because = because = L thought
Ahora r,oo CNonieh h1OoI IN,
Mr.. Dalton's viens," declared the wit
ness after some hesitation, "and l did
not know what he might do to me.p
On further questioning, this witness
was compelled to acknowledge that she
did not think Dalton had been hurting
the child, or had intended to do SO.
'He was only playing with her,
think" was her expression.
The counsel for defendant grew more
aggressive as the examination went on,
and leading up to series of questions
to matters Of personal behavior. he
asked the witness, whether, at Redondo
Beach, on August 9th, she and Mrs.
Dalton had not made the acquaintance
of two men, Woodward and Houston in
a very informal manner.
Mr.. Diehl objected strenuously to such
a deviation from the immediate sur
roundings of the case, his remarks
bringing Mr.. Stephens energetically to
his feet.
1--WE intend to show, your honor, :"
said Mr.. Stephens, "the character of the
witness, with view to impeaching her
testimony. Ii she is to be believed,
our examination cannot hurt her.
Some wrangling among counsel fol-
lowed this outbreak, whereupon the evil
dence desired was admitted by the court,
upon condition that it be struck out in
case it would turn out to be irrelevant.
The witness, who, as the only one who
claims to have seen Dalton committing
the crime. is the chief reliance of the
prosecution, showed great self-posses-
sion during the trying ordeal.
After she was dismissed, Dalton's
father-in-law, John Hagerman, was
called to the stand. Witness adopted
the child Bertha in Michigan, and is her
foster father. He made the impression
OF being thoroughly honest and conscien-
tious, and testified clearly and in a
straightforward way what he knew of
the case, however, he had learned of
Mrs. Dalton and Mrs. Sullivan, so that
nothing new was developed. He testi-
fed, however, to the unhappy relations
existing between Dalton and his wife.
The case will be continued this morn