Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1895-07-30
Trial and Conviction of DR.. w.
E. Perry.

the trial OF Dr. WIN. -
dieted for rape on Miss Rose ). Jonn-
SON ON June II last, began before
Tndge Faulkner. The State was
,enresented by Col. Forrest W..
Rrown. prosecuting attor ney, assist
cd hy Mr.. w. r. Alexander, of Win
chester. Va. The prisoner was rep
resented by ex-Judge Daniel b. Luz
cas- and Capt. George Baylor. Pros
ecuting Attorney Brown opened the
case for the State. Judge Lucas
made the opening statement for the
prisoner and stated that according to
their view of the case the crime had
not been committed and the young
lady was laboring under an huIluci-
alton produced by the effects of
chloroform.
Miss johnson was the first witness
for the State, and on her testimony
the whole case hangs. She testified
substantially as when before the ex-
aiming magistrate. She stated that
she went to DIR, Perry's office for
treatment and he forced chloroform
to her nose and she became uncon-
scious; that in short time she re-
covered, and she made no cutlery be-
cause of exhaustion. DR.. Perry's
wife, she testified, came to his once
a moment after the witness recovered
consciousness and he desisted. Sue
did not tell her of the offence, but
lconversed awhile and departed. On
her way home she stopped at dress
maker;s place in the village and got
dress. Then she went home and
complained to her mother and the
arrest followed. The defence opened
with testimony as to location of office,
it's publicity and the position of Miss
johnson while in the office. sitting in
front of the window, and her conduct
after leaving.
The defence occupied most of the
day Wednesday with expert testimony
as to the effect of chloroform in pro-
ducing Authorization when admins
tered to a nervous female. DIR. John
ID. Nicodemus, of Walkersville,
Frederick county, Nd, the former
home of DIR. Perry, testified as to his
experience in chlor oform producing
delusious in patients. Several other
experts testified TO the same effect.
DIR. Perry took the stand in his own
behalf and denied all the material
parts of Miss Johnson's testimony,
but admitted he administered chloro-
form to her with her consent. He
said he gave her chIoroform as was
his usual practice for violent head
ache and pains in the side, the all
ments of Miss johnson on that day.
His wife also testified in his behalf,
and corroborated him in some details
as to time and locality.
The third day of the trial began
Thursday morning with the intro
duction of more expert testimony by
the defence on the effect of chloro-
form in producing delusion in the
mind of the patient. Several experts
testified, and then the State began its
testimony in rebnttal. A hypo thetical
case, embodying the evidence in this
case, was put to each expert, and
then he was asked his opinion of a
deIusion under such circumstances,
and they all replied that they thought
no delusion existed. This testimony
tended to establish the fact that Miss
johnson was not under a delusion
as to the maltreatment she received
from DIR. Perry. By noon the testi-
mony was all taken and the case
closed. The State asked but one in
struction to the jury, which was
granted, the defense asking four, two
of which were allowed. The argu-
ments then began. Mr.. w. r. Alex
ander opened for the State in an able
speech lasting for two hours. He
was followed by Captain George
Baylor, who spoke for an hour and u
half and made powerful appeal for
his client.
When court convened Friday morn
ing the case began with the closing
argument of Judge Lucas for the de-
Tense. The prisoner sat in his chair
and listened attentively to the strong
presentation of the case by his able
counsel. The court room was crowd
ed, as on former days, and Judge
Lucas spoke for two hours. He
brought out all the strong points of
the defense and labored hard to con-
vince the jury that the young lady was
honest in her belief, but that the
facts showed size was laboring under
delusion produ ced by the chloroform
administered to her by DIR. Perry
Prosecuting Attorney Brown closed
the case for the State in one of the
ablest speeches, lasting fer three
hours. The prisoner sat beside his
aged father and father-in-law, and
several times evinced uneasiness I'M
der the burning words of Mr.. Browns
speech. Intense interest was mani
tested by the crowd during the whole
argument. At three o'clock the case
was given to the jury and in less then
two hours they filed into court and
the foreman announced they had
agreed upon verdict. Profound
silence prevailed while the clerk read
the verdict, Judge Faulkner having
announced to the court previously
that he would not permit any express
sion of approval or disapproval. The
prisoner sat calmly while the verdict
was read, and manifested no emotion
when he heard the words that told
his guilt. The jury also recon-