The herald., 1893-09-08
.ELO|DRS STORY DOES NOT GO,
Judge Pierce Orders the Jury
to Acquit Mr.. Ross.
The Fiasco of Somewhat Sensa-
ti0nal Rape Case.
somo Peculiar Testimony Given at the
Trial-A Vain Attempt to Intro
duce the Baby-The Case
Dismissed.


the superior court in the trial OF D. A.
Ross of San Pedro, charged with the
rape Of Eloda vignes, little Mexican
girl Is years old.
The defendant came forth from his
ordeal triumphantly before the day was
over, and his pretty little wife who
stuck by him so faithfully had the satiH-
faction OF seeing her husband honorably
cleared Of the charge made against him.
1t is safe to say that no one OF the
spectators who saw the drawn features
OF the lady during the trial but gave q
thought to her when the case was sum
marily brought to close by Juoge
Pierce. -,
The trial opened in the morning with
the pitiiul little complaining witness on
the stand for further roes-examination:
A few questions we're asked her ana
then Nellie Conor, rather good; looking
school girl, who gave her age as 10, went
on the stand, She was disappoint-
ment to the prosecution, as far as effect
i've Confederation was concerned. She
testified that Eloida Vignes told her the
dav of the alleged assault that Mr.. Ross
had carried her into an outhouse, but
had not further assaulted her than to
tear her dress sleeve. The sleeve at the
time was sewed up. Eloida also told
her another time that the defendant had
in his Office wanted to assault her, but
did not.
After the Mexican girl left the stand
she brought in the baby. 1t had o
handkerchief over it's face. She eat
down near the attorneys, but the ruse
did not work Judge Pierce peremptorily
ordered the baby removed from the
court room, and the child.motfer de-
hvered 1t up to her own mother to take
away. 1t was difficult to imagine that
such q mite OF girl could be Q mother.
On the cross examination Of Nellie
Conor, counsel asked the witneee If she
had not visited saloons in company
With the complaining witneae and Mig
gerr Browns dance house.
The prosecution at first objected, and
then Withdrew all objections and the
witness answered that che never had.
Mre. CoEor, the mother OF the Conor
girl, testified that she saw Eloida when
she came home from the Ross store and
her right sleeve was torn; she was cry
ing. The defense asked no questions OF
the witness.
iBhOb Hao ACt0hiO0 uho W 90
asked il any accident happened to her
before her baby WAS born. She said
that two or three weeks before, she fell
from high chair while getting some
eggs and struck on her back. The ques-
tion was asked by the prosecution be-
cause the child was born before its time.
The court overruled an objection to the
question.
Colonel Wells attempted to get in a
question on crosa-examination whether
or not the girl had visited "Nigger"
Browns dance house before the alleged
assault, but Judge Pierce sustained an
objection to the question.
Mrs. Mary Clementeon, mother OF
Eloida Vignes. testified that when her
daughter came homo her sleeve was
torn. She asked the girl what was the
matter and she replied that some one
behind the door at the store tore her
whole sleeve out. There wasjust& piece
torn out. She said her daughter never
told her anything about Mr.Ross, y
On cross-examination the witness
said that her daughters left sleeve was
torn. The girl had testified il was her
right sleeve. -XBW
David Grant, a laboring man, testi-
fed that some time in July a year ago
he was rooming in little room parti-
toned off from the Ross store. There
was window In it through which he
could see portion of the store. One
day he heard the girl Eloida's voice and
looked out of the window. He saw her
talking to Mr.. Ross. They were
sitting on their heels in the store.
Pretty soon a brother OF the butcher
came in from the butcher chop, but
went back again. After he had gone
Grant said he saw Ross pick Eloida
Vignes up by the armpits and carry her
into his Office. He closed the door.
They were in there less than q minute,
when the girl came out and went away.
The witness did not hear what they
talked about.
Cherles Clementson took the stand.
and in deprecating way testified II
am laborer. Iknow Mr.. Ross. Eloida
Vignea IL my lstepdaughter. have
known Mr.. Ross for several years.
had conversation with Mr.. Ross Just
before the complaint was filed.
II saw Mr.. Rosa at the Southern Pa
cific warehouse the morning after Eloida
told me about him.
II told him Eloida accused him OF
being with her. He said, That amt
CO.,
II told him that she had said go. He
repeated that it was not 90. told him
/ had come to him because thought:it
might be fixed up, and because he had
q family"
The witness then went on and told
how he proposed to Mr.. Ross that he
should pay $1,000 to hush the matter up,
and support the girl and child. a \
When he broached this Ross laughed
and said "Nonsense !''
And told him." continued Glenn
entson, ''that II he wanted to see me he
could find me at the corner where | al
ways was. As was going he offered me
500, but l told him couldn't do it for
that"
The witnesses story by this time had
made the jury lcok very much askance
st him and the case. He went right on
knocking the props from under the
case.
He said that in the afternoon Mr..
Ross drove by, saw him and asked him
to come to the store that evening and
they would fix it up. He went and
Ross had paper which he wanted him
to sign, In which he was to hush the
matter up for 500 cash, and other pay
ments to follow.
'But I refused to sign it," said Glenn
entson. 1t was not enough, and
told him / could not get away from
town with that, as would have to do