The record-union., 1896-05-23
THE STORIES DISBELIEVED.
DeloSS Bennett Discharged on His EX-
animation.
Justice Davis DisbeIieved the State
ments of Katie Herman and
Annie Peters.

The preliminary examination IN the
case of the people against Deloss Ben
nett. charged with criminally assault
dng Annie Peters on Saturday last, was
called in Justice DaViss court yeSter-
day morning. E. c. Hart, acting City
Attorney, appeared for the people, and
Charles T. Jones for the defendant.
At the request of Mr.. Hart the room
was cleared of all spectators except re-
rorters.
Annie Peters, the prosecuting witness,
testified that she was 10 years old, and
had lived in Sacramento two years with
her aunt, Mrs Herman, at 1922 F street
She had come to Sacramento from Ger
nIany She had known Bennett about
two months. and met him a number of
times dn company with her cousin, Katie
Herman. On Saturday night Of last
week Bennett visited the Hibernia Ho-
tel on Front street, where she and her
cousin were working, and escorted them
and another girl to Mrs. Herman'S S
house on street. where they all staid
about an hour. They then started
down town, but left the other girl at
Twelfth street. When in the vicinity
OF the Hibernia Hotel on Front street,
Bennett suggested that they cross the
street to the freight shed. This they
did, and sat down to rest.
1t was then that Bennett drew his
pistol, and under threats of death COM
PEELED her to submit to him. She was
badly frightened and prayed him to
spare her.
The three then went across the street
to the Hibernia Hotel and were there
Tor some time, when Katie Herman and
Bennett left the house
Katie Herman testified that she was
II years old, and that she had known
Bennett five or six months. She met
him on the Saturday night in question
by appointment. She corroborated in
part the story told by Annie Peters, but
said that after the three returned to the
hotel they agreed to say nothing about
the matter
1t was some time after this that Ben
nett asked the witness to step outside
with him to talk the matter over, and
when a short distance from the hotel
he assaulted her. He threatened her
life, she said.
She further stated that she told her
cousin Annie to submit, when she
and that the compact between them to
say nothing about the matter would
have been kept had not Bennett made
the assault upon the witness.
Some further testimony was taken,
including that Of the officers who ar
rested Bennett ON Sunday To them he
said he was drunk the preceding night
and had no recollection of having COM
mitted the assaults alluded to-
Mr. Hart said he doubted whether
any jury would convict on che testi-
mony, and if the Court should see fit to
discharge the defendant it would re-
ceive his concurrence.
Justice Davis said he did not believe
the evidence was such as to warrant
holding the defendant to answer He
considered it impossible for the assaults
to have been made as stated, and be-
Heved the charge had either been
trumped up one or that the acts had
been committed with the consent of the
complainants.
The Court lectured young Bennett,
and impressed upon him the need Of
avoiding the association Of people LA
BILE to lead him into trouble, after which
he signed an order for his discharge,
and Bennett was free.