Telegram-herald., 1891-10-03
lINE POINTS OF LAM
Mlllsf's Attorneys Ralse Con-
ssifational Questloa.
ALLES OCILIsEs NILLERs DEFEysE
fs - Represented that the onis Assault
GsmHafsssf, ~ Asy, ws< A. Aestdsat.
Hlseh ssaftisz said 80 be shs No
tlss 81 the assa pi ssasnt.

Before JUICE Adsit IN the circuit
court yesterday, the trial of Hugh
Miller. charged with rape, vas cons,u-
ned before . jury. In the morning
Df. j. ;. fBgrshsm. Of Bailey. swore
that on the morning of March IA. Mil
Ter came % nIm and wanted bIm TO 20
Immediately 70 tns Black homestead
sad eksmiHs woman. The physician
questioned Miller concerning the
p.tisBt whom q was desired he snould
attend, aud was told il Vas blaekmsl-
ing schems. DF. Inzhram pressed Mil
ier Tor the details. aud upon learning
them refused 20 have anything 10 DO
with the case, but later called on Mrs.
Eowers, the woman assaulted, and 81
ansifed her she vas considerably
bruised ard weak Ia consequence of
She nervous sbock sustained. Mrs. Eva
slack. 10 whose house Ars Bowers
rant. described her condition and ssid
hat her clothes were torn sua Der body
slsek and blue IN several places. At
lie afternoon session the attorneys for
he defendant concluded 90 make an
,tfsr move oB account Of The inierms-
a0n showing that tie crime had been
committed i00 yards over the border ~
Newsygu. claiming therefore that the
circuit court Of Kent county had no
jurisdiction over the offense.
A law Psint settled.
The assistance Of Lawyer Turner
was secured by AIl.n a Fairfield. and
constitutional point discussed st
length. The statutes ssy that where
crime y committed within 100 reds oil
a county line. the court of either
county has jurisdictions. The decisions
of variou- fpnfts we're quoted TO estsb-
lish t4p une.ilstlsntonaitiy ot the law,
The pfincpa argument f'eisig that the
complaint All Eed that the crime was
refpsiGatsd n Tyrone township, Kent
county, when IN reality IT was COM
nnlttpd in Sewsygo county, aud FUR
ther that mans nndisputed right
was 10 tt tried by o jury aud court IN
his uwn vicinity. Prosecuting Atterney
Mcknight simply quoted the eonstitn-
ton and Que dielsi0n. 20 convince the
souft that it bad jurisdiction. His
argument appeared sufficiently forclble
and Judge Adsit said that he did not
think il would look we'll for HIM to de-
eide question OF constitutionality,
thsttbe Information WAS strictly in &C
cordance with the statutes. and that
the defendant had the right TO carry
the case te the Supreme court II sny
doubt WIS entertained ss 10 the validity
OF the Law. The motion was denied.
Allen mapped out the defense before
the Jury and said that IL would he
proven that Mrs Bowers had impor-
tuned Miller at various times TO take
her IN HE carriage FROM the lumber
camp 10 Casnovia. That nj least she
asked in such way ard Under such
circumstances that he could not re-
fuse. That In driving along the road
numerous stuuips were encountered,
snd finally one OF sufficient magnitude
was struck ,o tip the carriage over.
hrs. lsowefs fell cut and Miller fell on
top Of her. This accident constituted
the only ssssult that was made. The
complaint was a case Of hlsctmall.
Mr.. snd Nrs. burroughs. Of Kent City,
testified that Mrs. Bowers had told for.
tunes in their presence IN which che
fefeshadewed q ride and trouble he.
tween herself and a man. They also
sad that q pail of eggs, which Mr..
Miller had IN the carriage, was brought
Into camp unhfoken. Tho case was
adjourned nutll shis morning.