The herald., 1897-03-05

ily the admired of all beholders. In
deed, so opposed to all that is innately
refined and chivalrous in human ma
ture is such action that such man Is,
oftener than not condemned as liar
on general principles. AT the same time
If a man knows absolutely that girl
is and has been unchaste, and by keep
ing that knowledge hidden he is the
means of an innocent person being sent
to the penitentiary. it is. perhaps, de-
pendent upon circumstances which al
tentative some men might accept, but
it is not a matter of doubt which he ought
to accept.
The testimony of the defense was
startling enough in all conscience, put
one need not turn TO the defending wit
nesses to find open and of necessity de-
liberate INSTRUMENTATION of fact upon
the part of the prosecuting witness
herself, and the witnesses put forward
to sustain her. The case has, in many
ways, been remarkable.
Dora, while upon the witness stand,
stated that upon the day when she bor-
rowed Malkim's bicycle she went with
her sister to the East Side park. The
sister walked slowly. wheeling a baby
carriage. while Dora sped back and
forth on her bicycle and got all the
pleasure she could out of the machine
loaned to her. Her sister. when testify
ing. fatty contradicted this, and said
that Dora had ridden the wheel slowly
by her side the entire distance to the
park and back, and never was out of
sight
Then, again, Dora stated that upon
returning to her home that night after
the rape had been committed. no re-
marks were made by her parents re-
garding anything unusual about her
appearance. Her mother upon taking
the stand. maintained that she noticed
her daughters flushed and disheveled
appearance. and told her that if bicycle
riding made her look like that she
would forbid it.
In that connection, however, there
was another curious point. The girl
Dora stated that upon returning to her
home she ate her supper with her father
and mother. while both of her parents
testified that they were in bed
But perhaps the most flagrant contra
diction of the girl was when she was
pressed by Mr.. Davis, on cross examina-
ton. regarding her actions after the
outrage. She said she made no exam
ination of herself after getting off Nal
kim's bed. neither she nor her sister
made any examination after reaching
her sisters house. but upon still being
pressed Dora said she felt something"
When asked what 1t was she made such
dS uluSt nave EcCSSSlldltu CA
animation on her part The sister, upon
testifying in regard to this matter, stat
ed that Dora told her what had hap
pened, and she Immediately made cur
sorry examina tion, and saw the marks
on Doras clothing that bore witness as
to her previous chastity.
The contradictions as to when Mrs.
Green was Informed regarding the out
rage, and the several conversations that
resulted were frequent and decided.
Dora alleged that her parents had talked
in her presence regarding the proba bill
ity of Maxim marrying her sister; in
this this both her father and mother
gave her the lie direct.
Now, in all these contradictions. who
was the fabricator? The charge of rape
is of such hideous nature that at once
there is feeling aroused. perhaps un-
but nevertheless very GER
tain, against any man against whom
such charge is leveled. and that before
a word of testimony has been taken at
all. The hypothesis of guilt upon which
the law officers almost Of necessity work
Is, in such a case, adopted by the general
public. No case deserves to be treated
with greater caution.
Meantime a lengthy and expensive
suit looms up before the superior court
The transcript of proceedings in the low
er court alone woll aggregate some hun
dreds of dollars, and such expenses will
be incurred in a case reeking with sus-
picion from beginning to end.