Evening journal., 1892-05-18
BLACKSTON ACQUITTED.
Bhe Attorney General Drops the Case
Of Rape.

nc was a RApee-A Complete AIibi
Proved-Byrne congratulated-Ficno
son Complimented- saunders Gets Three
Months-A Case OF chicken.
The trial Of Charles d. Blackston for |
committing an outrageous assault uptn |
Mary A. Lee WAS resumed in the Court |
of Oyer and TermiDer yesterday after
noon. The court room WAS well-flled,
many Of the spectators being negroes
The 6rs. witness called was the woman,
Mary A. Lee.
Under direct examination she told the
story Of the assault.
When Mr. Byrne took her In crots-
examination she said
Il did not resist the assault. | did
not recognize the man. He did not snow
any weapons, but threatened to kill me-
II resisted. My clothing was not torn
DO you recognize the prisoner as the.
man who assaulted your Yes; he is
the man."
Are not John ShYlosk and Bertha
Hutchlson your children bv Robert
Hutchison, who was, at the time Of their
birth. your hr hrlther-in-law"
The state objected TO the question Mr..
Byrne argued that he sought to impeach
the credibility Of the witness and degrade
her.
The objection was sustained.
Were you married to Levin Lee7'
"Yes. sir ."
Ibid you know that he has wife
livingT Il know that he has woman,
living" she replied, laying great stress on
the W, rd woman"
"What reason had you for believing
that he would have killed your" IF a
man knocks you down, IL is good
reason
samuel Jeffereon was at Hannah Tun-
nells house when Mary A. Lee went
there after the assault. Her mouth was
bleeding and her clothing was wet She
was badly scared and said she had been
ravished II was 12 40 o'clock she did not
look as II she had been 10 a tussIe
Could not say that she showed evidence
| Of violence
DID NOT KNOW HIS COLOR.
Byrns-' Describe the way she re-
ported the rape" well, sab she cum
in an set down sez l, Mrs. Lee, do you
know the msnT SCI she, NO, Mr.. Jeifeh-
son, don't Sez !, You don't know
| him-you don't know himG Sez She No,
Mr. Jeffehson don't Sez l, 'Ef you
heRh him speak would you know his
voice2 sez she, No. See |. Then you
an me CANT talk. You doan' know
whether H. wuz awhile man or a negro. u"
| Laughter
The witness left the stand and Hannah
| Tunnel. very respectable looking old
"aunty," testified that Mrs Les went to
her house. The wound on her lip was
| like fever blister. There were no marks
1 - rt,la L.w a
her clothing was not torn, and there Was
no evidence Of a struggle She said she
had been raped but would not know the
rRvisher nor did she believe that she
could recognize his voice
Margaret Thomas, the last state wit
ness, was called to show that the prisoner
attempted to commit rape upon her in
the same way on the same night
The bench ruled that he could show
that he was In the neighborhood at the
time, but be could not try to prove an
attempted rape on another woman. He
said that 1t was no. relevant. The ques-
tion was excluded
Mr.. Byrne crOss.examlned her
WAS this prisoner at your house that
nightp Yes, sir"
"How long had you known himH'
About four years."
"Was It not too dark for you to see
himT There was an electric light
there
"Did you tell John Butz hat man
had been at your house, but you did not
know who he was2" Il did tell his wife
that did not know because It WIS none
Of her business
In opening for the defence Mr. Byrns
said he would prove that the woman was
not assaulted. and " she was assaulted
the prisoner was not the ravisher He
would prove that he was In bed from 1C
o'clock on the night Of the assault unti
late the next morning. He would prove
his good character by reliable witnesses
The defence then c,lled Alexander
Wheatley, George Cald veil Andrew
Hackett, colored They swore that they
saw the prisoner early that evening
Hackett was a good witness. he had {
long moustaehe and the wind blew
through IL 10 such an extent that even
judges smiled.
Mary Blacks'on. mother .of the
prisoner testified that her son came
home at 10 o'clock. went to bed at II
o'clock and be was asleep In the morning
when she awoke.
Court then adjourned until this morn
ing.
BLAcKsToN ACQUITTED.
There was a surprising turn Of events
In the Blackston rape case this morning
John Roser was the first witness t
testify he said be lived at the house o
Blackstone 8 mother He went TO bed al
, aboui IL o'clock. The prisoner was az tha
time sleeping In the same bed he wal
sleeping next to the wall. In o,der TO hav'
gotten out he would have had TO craw
over the witness. He was positive b,
did not get ont Of bed he was awake
between / and 2 o'clock AVID saw Black
ston In bed. he also saw him there II
the morning at o'clock There were n,
indications that be had been out durinl
y the night.
Lewis Blacks,on, a bro her, swor,
: that the prisoner was In bed at / 1 81
/, o'clock aud he saw him there again at
5 o'clock In 'he morning
Isaac Blaekston saw him sleeping at
o'clock In the morning
James L Hawkins, William R. Todd
George c. Raymond, J J. Gallagher Al,
Kennard Trusty we're placed on the stan'
e and testified to his character.
At the conclusion OF the svidencl
ATT orney General Nicholson state,
e that, not feeling able ito asl
for conviction upon the evidence
before the jury. he desired to abandon
{ the case aud asked the court 20 instruo