The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1895-07-02
FIFTH EDITION .|l!! !a!M!,


Tho Defendant Proved nm Aiibi-us Was
In Portsmouth. VA, on the Day OF the
Alleged Occurrence.
Richard q. Howard wrs charged In the
Municipal Court thie morninR with uslng
siemale child under " years g. q age fos
that her homo is In Norristown, She was
In Wilmington on the day OF the Circus.
She attended tho same. She was then
stopping at house on Orange street.
She Identified the defendant as the man
who mad used her for immoral purposes.
The defendant was represented BY
Messrs. Vaadegrift aud Pickett,
She went homo on the following Sunday
and retur:.od on ruesiay evening accom-.
pauied by her m other Next morning sbe
wac taken to the hall by Detective Money.
She went under the name of 'Trlxy." She
had no epite against the defendant. she
did not know who swore out the warrant
for hi 8 arrest. Her mother did not know
the character OF tho house,
She told her mother she was living out.
Bhe tod the detectives the day was Tues.
day, maybe. She will be Is years OF are
ON December 81 OF this year. The rea-
son che said she wac 10 years of aye,
was to get out OF the case as she wa
afraid she would be sent away. She did
moi know the time OF the evening the oc-
currence took place. Ida Tatum deposed
that Howard was with the last witness
OF the circus ani the following Thursday,
between and 10 o'clock.
IshInael Heald resides In Lancaster and
lie tho father OF Mary Heald She was born
on December 81 1850. He will DO 81 years
| OF age In August He never was married.
| He left the woman In 1888. He left the
child with his mother.
| Theresa Head iives In Oonshocken and
| Is Mary's aunt and recollects tile day OF
| the glrl's birth. The child lived with her
| for some years. She believed the father
was SO years OF ago last June.
Mary L. Hbrner resides In Conshohool-
| en- and knew Mary Heaid aud her father.
| and knew that Mary would be Is years OF
| age next DECEMBER. She remembered the
| dute because shs was boIn on the last day
| OF the week. of the month and OF the
| year. and they always said she would be
| behind time.
Mr.. vsudegrift i believe che Is
| The witness deposed she was wantel to
testify TO the childs age.
Mary Head testified she was the
mother OF Ida Head She Is the mother
OF three children. She Identified her
husband VINO has not been living with her
tor come years.
Mr. Pricketr In opening called the
defendant to ths stand. Ga being sworn
he deposed he never saw Mary Heald In
his lie until he was under arrest. He
was at the house on June 4th and 9th and
| could not net IN on the 22nd. tie was not
there on June l7th or 18th. On the latter
day he was In Portsmouth, Va. until 8
O'Clock In the evening.
He was 10 company with his brother
Rev. j. IL. Howard. While In Portsmouth
he saw Professor bturtevant and Rev. Mr.
Bozman. lie lie married man and has
wife aud six children. Mr.. Hartman oh.
iected to the defence tying the state down
TO June 49, The court called his attention
to the fact that the warrant charged the
defendant with com hitting the oirenss on
June 10.
with his brother on June Is In Portsmouth.
Professor Charles H. Sturtevant knows
the defendant since early boyhood and
saw him in Portsmouth on juno 10 and
| until June 10.
Rev. John L. Bozman testified also to
seeing the defendant In Portsmouth on
the days mentioned. He is Howard's pas
tor Clerk Of Court Adams stated that the
prosecuting witness told him first that
the day was either Monday or Tuesday
and therefore the change OF the date In
the warrant
that warrant WAS only to bring prison'
or into court The defense has closed down
to one day. Ii hus been proven conclu.
siyely that the girl lie under Is Years OF
age. The girl herselt and Idn Tatum
swears positively that the aft air tool
place between Monday and Thursday
nights. We 10 not think that the present
proof OF an rlibi is sufficient. He asked
Tor line case to ba sent to the uppsr court.
Mr. Prickett and Mr.. Vandegritt re-
piled for the defense. and maintained
that ha must be confined to June IS. Hav
ing met this case they asked Tor dis
missal OF the case.
The court asked MIR. Hartman what "
had to say to the statement OF the clerb
of the couIt. Mr.. Hartman denied thai
his Witnesses bad placed the day as being
juno ~.
THE state Ia not tied to any particular
day. We are not heI 0 as prosecutors bu
as prosecutors. IL the court believe;
otherwise he asked for the dismissal Of
tho case,
The court did not agree with the ide
of tho changing OF the dates. 1t woLll
be a monstrous thing to do 80.
The case was dismissed