The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1892-05-18
STILL BEING TRIED.
All Of Yesterday Afternoons Session
of Court Consumed in Hearth. les.
timOny in the Rnpe Case.

All Of Yesterday Afternoons Session
of Court Consumed in Hearing les
timony in the Rape Case.
When court reronvenei nj ESQ
| O'Clock yesterday Afternoon. the case
OF the State, vs. Charles Ii. Backson,
colored, indicted for committing a
rape on Mary A. Lee was Resumed.
Mary A. Lee. the prosecutrlx, was
called TO the stand, and upon being
sworn, testified that she was called
from her bed on the night OF Deem.
her 30 by the accused, who said that n
friend OF hers named Mrs. Tdnneil
was very sick. and wanted her at once.
On the way lie Knocked her down and
committed tie outrage. she was
| frightened too much to scream, and
made but little resistance. She was
worried and frightened about the mat
| ter all Of next day.
She was subjected to a severe and
| searching cross examination by MIR.
| Byrne, during which he endeavored
to get her to say whether OF not she
was the mother of several children by
her brother-in-law.
This was objected to by Attorney
General Nicholson, and after u long
time spent in argument, the court de
cided that the question was not ad.
missable.
Mr.. Byrne then proceeded with the
| discrimination, when the witness
said that She Ia legally mari led to Lee.
| and knows that he has woman, but
not wife living.
On redirect examination by theAttor
ney General, she said that when the
accused assaulted her lie cut her liz
and threatened TO kill her il she made
any cutlery. She was frightened SO
much that she made but little resist
| ance.
Samuel Jefferson, colored, testified
that he was at the house of Hannah
Tunnel on the night OF December 80.
About IL. 40 O'Clock Mary A. Lee came
to the house and knocked at the door.
| When he opened the door and lot her
in, he noticed that her clothes were
wet, and that her lip was bleeding.
She said that man had told her that
Mrs. Tunnel was very siok, and that
on the way he had raviahed her.
On croSS-eXamlnation he euid that
although her clothes were wet they
were not disarranged, and she did not
have tho appearance OF having been in
q struggle. After she came in he ask
ed her who the man was that had ruv-
i5hed her, and she replied that sho did
not know him. lie asked her il She
| could recognize him by his voice. and
she said sie could not. She did not
\ seem to know whether he was n white
| man or niger, slave or master.
| Hannah Tunnel testified that she
did not send for Mary A. Lee on the
night OF december 20. she curue to
her house between IL and O'Clock,
and was very much excited. She said
that man had come TO her house aud
said tho witness was very sick and
wanted her at once. She started with
him, ana on the why he as5au tied and
raVis he'd her, Her liz Yves pleading and
hei clothing was wet, but not torn Oh
| dlsarlanged.
On cross examination she said
| The, pros, cutrlX said that she did not
! know tue man, and was certain that
She could not recognize him.
Margaret Thomas colored, testified
that she saw the accused on the night
Of December 2ytA. The attorney-gener.
al asked:
did the prisoner come to your
house on the night of December 18th,
and ask you to 40 TO the house of
Hannah Tunnel, saying she was very
sickT'
Mr., Byrne objected, and after argu.
meut the court ruled that the quos-
ton could not he put.
On cross examination by Mr..
Byrne the witness said that she lives
on Lamotte street. on the night OF
december 18th, she went to bed short.
| ly after II o'clock The prisoner came
to her house afterwards; she knows
him, and was certain that she was not
mistaken. There was an electric light
on the corner and she saw him very
plainly. She told woman tho next
day about tho man being there, and
said she did not know who lie was, as
she did not think it was any of her
business.
This WAS the last witness for the
State and MIR. Byrne opened for the
defense. He snid that he would show
that IL the woman was raped that
| night IL was not by the prisoner, and
that ut the time it is alleged tho crime
was committed he was at home in bed.
lie then commenced the examination
| OF witnesses.
Alexander WLeatley, colored, testi.
lied hat on the night OF December
29th he was with the accused on French
street between Tenth and Eleventh.
tic met him about o'clock and was
with him until after &.
George tolwell, colored, testified
that he also saw lie accused on French
street OH the night 1t Is alleged the OF.
Tense was committed, and was With
him until aftor O'Clock.
Andrew HackGt, cOlursd man with
mustache about four inches long,
which stood out like n pair of horns
on each side Of his face. testified that
no WAS with the prisoner ina store I'M
til after O'Clock, on the night of De-
cemDer 20.
Mary Blackson, colored, testified
that she lives on NineLcenth street
between West and Tatnall streets. She
knows where Mary A. Lee lives, and
was certain that 1t wolld take per
son is minutes to walk from her
house to Mary A. Lees. She is the
mother OF the accused; on tho even
Ing OF Dec. 20 he was out, but came
In aboat 10 o'clock. After getting her
bucket of coal he went to bed but
she sat Up and sewed until after II
O'Clock. When she went to bod she
passed her sons room and eaw that
no was asleep. She WIS certain that
lie remained In his bed all night
hhn was eross-eAaninod by the At.
torney-Useneral, but nothing different
to her direct testimony was brought
out.
At o'clock court took Il recess un.
til 10 O'Clock this morning.