Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-01-01
>. Pussy SMITH DIscHABGED.


y
The case against J. Pusey Smith,
charged with improper conduct towards
Edna NJ. leutter, was disposed of in the
city court Tuesday morning. Spectators
were excluded from the court room and
witnesses were admitted singly and not
until the court was ready to take their
testimony.
Edna NJ. Rutter testified that she was
II years old last May. Atabout 6o'clock
one evening, she said, she raped on the
door of hallway at Smiths saloon and
was admitted by him, and sobbing as she
continued her testimony, she stated that
Smith picked her up and kissed and inn
properly handled her. Smith was under
the influence Of liquor, she added, and
she became frightened and cried.
Mrs. Clara Rutter, the mother of the
girl, testified that she swore out a war
rant for Smiths arrest, and that she now
wanted the case to be dropped, since,
after investigation, she believed he had
not been guilty Of any improperly.
Smith was intoxicated at the time of the
alleged misconduct, she continued he
meant no harm, and she had done wrong
in swearing out warrant.
Napoleon Reed, cotored, testified that
Edna. He went but did not see any
improper conduct
George Ii. Burroughs testified that he
was in the saloon while Edna was pres
ent, that he saw Smith all the time and
no improper conduct occurred.
Charles Reynolds testified that he was
in "a room back of the barroom, that he
saw Smith all the time and there was
nothing wrong.
Daniel Mulherin testified that he was
in the room with Reynolds. He heard
murmurs but saw nor heard nothing
improper.
City Solicitor Lyman, in addressing
| the court, asked that Smith be held for
the upper court because the evidence of
the girl warranted such procedure
| The defence, he said, was that Smith
merely picked up the girl and kissed
| her, but he contended that the facts
stated by the girl disproved the state
ments of the defence. Witnesses for the
defence, he continued, did not see the
| girl and their testimony was negative.
Charles B. Lore, Esq, counsel for
| Smith, stated that if he had believed him
to be guilty he would not have defended
him. To him the girl had said several
tilinpS iiO1LIhS ilploptl pCChIItu' Ilc
regretted the publicity which had been
given to the case. Smith, he said, was
under the influence of liquor and indeli-
eately but not laseiyiously handled the
girl. He contended that no man would
have done the act charged under cir
cumstances like those testified to.
Mr.. Lyman reviewed the case at
length and said that while the testimony
of the girl differed from the statements
made by her to him and others the evil
dence was sufficient to hold Smith.
Judge Ball stated that in pressing the
suit the city solicitor had been prompted
by the highest motives. The testimony
of the defence, he said, was negative
and the girl was an unwilling witness.
He said it is not unusual for drunken
man to commit crime in public place.
The statements Of the girl to other peo-
pie did not correspond with her testi-
mony. The mother had impeached the
testimony of her daughter, and under
the circumstances he did not believe
conviction could be secured in the upper
court. After stating that the city solic-
itor had acted properly he dismissed the
case