Evening journal., 1893-09-27
NO HEMP FOR RINALDI
The State Abandoned Its Rape
Case Against the Italian.
MISS RAFFABLUs LYING THE CAUSE

The Court Complimented the Attorney
Generals Action ns Proper aud just.
Lewis O. vandegrift Trapped the Girl
In Her Knowledge of English and
Proved Her Testimony to BE Untrue.
Generoso Rinaldi, the Italian who has
been on trial for committing rape upon
his - year old daughter, Riaaldi Raffaelo,
is free. The lying propensities Of the
girl upon the witness stand convinced
Attorney General Nicholson that the
state could not demand mans life on
her testimony; consequently he abRn-
doned the case The court instructed
the jury to render a verdict Of not guilty,
which It did without leaving the box
The scene. In court yesterday afternoon
and last night was dramatic and impress
sive.
At the expiration OF the noon recess
| the girl Rahaelo was recalled by the
state She identified her father as the
man who had assaulted her. This ended
| the states testimony.
In opening to the jury Mr. Vandegrft
said he would prove that the story Of the
crime was conoocted, and he would inn
peach the evidence Of the child.
The prisoner was put upon the stand
in his own behalf He said that on the
evening in question he missed the girl.
Accompanied by his son he went to
Union Park to look for her Being I'M
able to find her there he .made inquiries
Ia the neighborhood in which he re-
sided When she returned home he
slapped her in the face for running of
without his consent. When asked If he
feloniously assaulted his daughter he
entered an emphatic denial.
Park Officers Louis Hayden and Peter
McHugh testified to having seen her at
Union Park on the night Of the alleged
assault
James Corrigan told the jury that
Rinaldps character for morality was
good.
Frank Spencer swore that he WAS not
with the girl that night This was a
Hat contradiction of her statement She
testified that they went to Union Park
together.
A. g. B. Anderson, John Slaughter.
Mrs Isabella j. Anderson and Caleb
Shockley, testified TO the prisoners good
character, and swore that the girl could
not be believed. This closed the testi-
mony for the defense.
Abandoned by the State.
Attorney General Nicholson ascended
10 the bench and suggested TO the judges
the propriety Of the state abandoning
the prosecution. They thought it a
wise suggestion. The state prosecutor
returned to his station aud made ths
following brief address t1 the court:
8 81 am fully awnra Of the responsibility
r Of my position. / am also enough ac-
y quainted with the work done by my pred
ecessors TO know what evidence ! should
: have TO 60 20 jury and ask them to
. render a verdict of guilty. When ! ask
o myself this question in this case l say
a No / will, therefore, ask the court tS
2 direct the jury to render a verdict o
a scquittal
d The court complimented him upor
d his course, characterizlng II as prope
= and just
Louis @ vandegrlft. counsel for th'
;. prisoner, said:
III t. pleases the court, | have n,
Z, fault to iud with the attorney-genera
for abandoning the case, but the quee
d thing to me is that he has allowed thi
's case to 60 so far. "
The state abandons the prosecution
10 so ! direct you to bring ia verdict o
not guilty" said the chief justice to tn
le jury.
p His instructions were followed, tn
~ Jury not leaving the box
ID Mr.. Vandegrift asked for the pris
81 oner's discharge.
Chief Justice "Rinaldi, the jur
ID has acquitted you and you have righ
"a 30 go where You please.
"a This announcement was greeted wit
le applause, aud while order was beinl
q restored the father Of an unnaturs
family walked out Of the court room.
y Mr.. vandegrift Apologized.
a In the Court Of General Sessions thi
!. morning Mr. Vandegrift, addressing th
court said
4 III it please your honors, have th
! statement 20 make to the court. Las
ce evening said something which ma
~ have hurt the feelings of the attorne,
on general have not seen him this morl
va ing, but wish to present an apology K
u it as openly as the remark was made
The chief justice bowed, smiled an
NO expressed the opinion that it was prope
III Attorney General Nicholson, brimmin
over with good viii for all mankind, 7
piled:
"If there we're any injury, | can on
-, say, in the wordsof Sir Lueius o'Trigge
~ An injury apologized for becomes 9
ne honor conferred
It was a pleasant termination Of {
a. unpleasant incident connected with
case in which the attorney general e
ne ercised his discretionary power in b
ay half of prisoner brought by law with
M the shadow OF the gallows.
lsl "
KILLED BY ELECTRICITY.
m one of Joseph stoeokIe's Horses Nee