Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1892-01-06

Counsel Attempts 20 Prove an AiiDi'
Charles Il. Blackburn was arraigned
on the charge Of lavishing Mary Lee, at
this mornings session OF the Municipal
Court. Both are colored.
Mrs Lee is very intelligent locking
colored woman. She lives in Branywlne
village. and is married and has children
She is acquainted with Blackbsum.
She testified that the prisoner came to
her house on last Wednesday morning
between i2 and 1 o'clock She was in
bed at the time. He came to the house
and told her husband that 6 neighbor,
Mrs Tunnel. was very sick and wanted
her TO come down and nurse her.
Mrs. Les dressed and went to Hannah
Tunnell's home with the prisoner. On
her way to Mrs. Tunnels home they had
TO 60 through field belonging to Mr.
Elliott She was getting through the
fence when Blackburn struck her and
knocked her down.
She swore positively that he then
brutaliy ravished her he told her not
to make an outcry or he would kill her
She was too terribly frightened to make
an cutlery
After he had ravished her he asked her
what she was going to d ) wish him. She
ran away from him and reached Mrs
Tunnels house, Mrs. Tunnel was not
sick and she related the occurrence to
her. She was covered with mud and
wR'er.
William NJ Byrne, who was Black
sums counsel, cross examined Mrs. Lee.
She further said that Blacksum was only
at her house twice bel ore. The prisoner
WAS standing at the gate when she came
down the stairs. She recognized
Blscksums voice because she had
talked to him before and
knew his accent. She also saw his face.
While on the way TO Mrs Tunnels home
they both talked about the Tunnel fam
lily She saw his face while passing
under an electric light. The prisoner
had on fat-tep derby hat
and dark clothes and carried an umbrella.
She did not know what he wanted to do
until he had committed the deed She
was afraid TO otfsr any resistance and
stated that the crime WAS committed en-
tirely without her consent.
The field in which the rape took place
is the one Ia which Barnum's circus
showed at its last visit here. Mrs Lee
did MOI know what time it was when she
arrived at Tunnell's house, but she
stayed during. the morning After she
the occurrence to the family. When she
ran away from him Blackburn remained
at the scene of the crime She positively
identified the prisoner as her assailant.
Eleven Lee, husband of the prosecuting
witness, testified that he knew Black
sum, and saw him at the door OF his
house on the morning in question Black.
sum asked him If Mrs. Lee was at home.
Mr. Lee remarked that she was. He
stated his errand as above mentioned
He invited the prisoner IN, but
he reolied that his feet ere
too muddy, as it had been raining 9
short time before Mrs. Lee and Black
SUN le t the house together. BE did moi
sec bis wife until the next morning
when she told him about the crime.
Hannah Tunnel, the supposed sick
woman, was called and testified that she
has known Mrs Lee for nine years. She
also knew Blackburn She did not send
Blacksum to bring Mrs Lee to her house
on Wednesday morning or at any other
time. She did not know that Mrs Lee was
a nurse When she arrived at the house
her nose was bleeding and her clothing
was disarranged and muddy Mrs Les
YVES crying at the time and asked her il
she sent for her Mrs Tunnel replied
that she had not. Mrs Lee then tolC
her about the occurrence.
Samuel Jefferson who was at Mrs. Tun
nelPs house when Mrs Lee came thsri
on Wednesday morning was sworn. H,
let Mrs Lee in the house. Her nose wal
bleeding and her clothing was wet. Sht
did not appear seriously hurt but wa
greatly excited
Mr. Byrne stated that be would prov
an alibl in the prisoners case. In be
ginning John Rousser was called and ties
tiled that he knew Blscksnm. He sleep
where Blacksums ives at ENlneteenth an
Washington street. Blackburn came ii
the house about II o'clock and after b
had gotten a bucket of coal he won't &
bed. Roussen went to bed shortly after
wards He slept with the prisoner an
was in the bed when he came up stairs
The prisoner was also ia the bed whei
the witness aw6ke at o'clock In th
morning.
Mary Blacksum, mother Of the pris
oner, testified that she came home abou
10 o'clock. She asked her son TO get be
a bucket of coal He did so and the
vent to bed. She saw him in the b.
the next morning about o'clock a
was home on Monday night.
Lewis J. Blackburn, the prisoner
brother, testified that he saw his hrothe
at home on last Tuesday night He SAL
him go to bed shortly after. When th
witness went to bed at III o'clock be sa-
his brother in bed. he also So " him q
8 o'clock the next morning when he wa
called by his mother Lewis had occa
sion to 60 down stairs at 80 o'cloc
as he had a sore finger and he went to &c
Poultice on his sore hand. At tina
time his brother was still in bed.
George Colwell testified that he sa,
the prisoner at o'clock at Ninth an
French streets
John Davis also saw the prisoner q
- 80 o'clock. and shout an hour aftel
wards at his home, The prisoner staye
until about 10 40 o'clock, when he left.
Detective Hawkins testified that th
prisoner had good reputation and wa
an upright man.
Margaret Thomas was called in rebu
tai to the testimony in regard TO I'll
alibi. Blacksum came to her house o
the night of the outrage between - an
/ o'clock. She was awakened by b
knocking at the door. She came to Il
window aud told him that Mrs. TUNE
was also sick and wanted her to come al
nurse her She replied that she won
not 60 as it was too late. BIacksu
then offered to pay her to 60 with hi
after Mrs. Tunnel had paid him 81
positively identified the prisoner as II
mau who came to her house and WI
talking with her. She afterwards heal
oIor4t fba oeco,,1t oov,v,ff4aI rr1r, NJ.