Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1896-06-04
Circuit Court.

Gan uOSAoy III VIZ NiANN''N
Charlestown, before Judge Faulkner.
DR.. Perry is charged by Miss johnson
with assaulting her in his Office last
June, to which she had gone for medl-
cal treatment. His former trial took
place last July at a special term OF
court held for that purpose. He was
found guilty, and the jury recommend
ed that he be punished by imprisOn-
ment. The court sentenced him to
fourteen years in the penitentiary. His
counsel carried the case to the West
Virginia Court of Appeals and obtain
ed new trial.
The case came up Tuesday for trial
and there was very little delay or DIFF
fculty in obtaining jury. The case
was opened to the jury by the state
ment for the State made by Prosecu-
ting Attorney F, W. Brown. Capt.
George Baylor made the opening state
ment for the defense The morning
session was taken up with the examl-
nation of four witnesses, who testified
as to Miss Johnson S nervous condition
when she returned home from Dr.. Per-
rvs Office, the location Of the Office and
the tins of the alleged crime.
In the afternoon session the defense
asked leave of the court for the jury to
view the locality and situation Of the
Office. This leave was granted and the
Judge, jury, officers Of the court and at
torneys went to Halltown to view the
premises. Upon returning the State
put Miss johnson on the witness stand.
She gave detailed account Of the al
legged crime Her testimony was sub
stantially as on the former trial. On
cross-examination she became very
much affected and wept several times.
Her testimony continued until the close
of the afternoon session.
The trial was resumed yesterday
morning. The State continued its EVIL
dence by introducing Slagle Souders
as a witness. He testified that while
in jail Perry told him that he perry
had known the former trial would 60
against him he would have had his
(Perrys) wife to testify differently.
This was Souders's evidence in chief,
but on cross-examination he both de-
MED and admitted that he had stated
to several other persons that DR.. Per
~ never made such statements to him.
Joseph NJ. Smith, a convict whose real
name is said to be Sheerer, was brought
here from the West Virginia peniten-
tiary, where he is serving a two-years
sentence for burglary He was con-
fined in the Jefferson county jail in the
same cell with DR.. Perry. He testified
to a confession made to him by DR..
Perry, and also that Perry said he had
tried several times before the act
charged to commit the oHense, but
could not get the opportunity. The
defense showed that this witness had
been tramp, was once in hepeniten-
tiary of Pennsylvania and is now serv-
ing a sentence in this State. They
also attacked his credibility by a wit
ness from Washington, where Smith
once lived. The State then introduced
DR.. Edwards, a microscopic, Of Ha-
gerstowu. The testimony Of the ez-
pert witness had not closed when court
adjourned
The State is represented by the pros
ecuting attorney, assisted by Mr.. VIM
R. Alexander, of Winchester, Va; the
accused by Judge Daniel B. Lucas,
Capt. George Baylorand James NJ. Ma
son, Jr., Of this bar
DR.. Pelry's defense will be that no
such crime was committed, and that
Miss johnson was laboring under a
haIlucination produced by the effect Of
chloroform.
The following gentlemen compose
the Perry jury: Adam C. Moler, R. L.
Wire, Thos. J. Shipway, Thos. Frazier,
Jacob Merritt, NJ. NJ Moler, Geo c
Whiting, Jas. W. Benner, James W.
Riley, John W. Childs, ]. H. Morris,
r. l. Donnellv.