Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-10-11
CARR BEFORE COURT
The Young Man Charged With Grim
inal Assault on Trial.
THE PLEAS MADE BY His Counsel
Validity of District Attorneys Title
Called in Question.
CARR,s VICTIM A WITNESS

James, alias Pat" Carr, the young white
| man who Is alleged to have crtminally as
| saulted Rosa Robinson. a little white child,
the Goth of last July, and who for time
successfully eluded capture, was placed
on trial this morning before Chief Justice
Bingham. in Criminal Court No. 1.
Carr, who is said to be under twenty-one
years of age, sat Immediately behind his
attorneys, Messrs. Tracy L. Jeffords and J.
P. O'Laughlin. his smooth, boyish face in
dicating any but criminal countenance.
He was attired in a neat business suit of
black, turn-down collar and black tie, and
his nervous manner left no doubt of his
entire appreciation of the gravity Of his
position. The court room was packed, the
great majority Of the spectators being of
those whose morbid curiosity is their only
explanation for their presence at the trial
OF such cases, the number of young men
and boys present being unusually large.
The little girl who is alleged to have been
wronged sat beside her mother, just back
of Assistant District Attorney Shiilington,
who represents the government.
Counsel Wfthdraws PIea.
When the case was called, it having this
morning been transferred from Crini 1di
Court No. 3 counsel for Carr stated that
he desired TO withdraw his plea of not
guilty for the purpose of entering a motion
withdrawn, Mr.. O'Laughlin read the mo-
ton, in which it was set forth that the
prisoners counsel asked that the indi:t-
n,ent be QuaShad, first, because Henry E.
Davis was not lawfully appointed he at
tcrney of the United States for The District
OF Columbia; second, because Harvey Civ
en-, an attache of the district attorneys Of
f1ce was present before the grand jury
when that body returned the indictment.
and third because the witnesses on VIII ose
testimony the indictment is based were not
lawfully summoned before the grand jury.
Inc motion was not argued, and was
denied by the court, Cars counsel explain
ing that they merely made it to reserve all
rights of their client. and then the de-
PENDANTS counsel filed a demurrer to the
indictment, charging that mo lawful in
also promptly overruled. no argument be-
ing made, Mr.. O'Laughlin announcing that
they simply desired to note on the records
tfeir objection to 1.-THE pretended attorney
of the United States for the District of Co
lumbia.''
The RetOrt Courteous.
That. your honor, is an unique descrip-
ton OF the attorney of the United States"
remarked Mr.. Shillington. especially in
view Of his lawful appointment by this
court under the provisions of special act
OF Congress, and in view of the fact that
the oath of Office was administered to him
by the justice presiding in this court And
might state, your honor, in this connec-
ton, that Mr.. Harvey Given never, in fact.
appeared before the grand jury in this
case"
The two motions having been overruled.
counsel for the defense noting exceptions
thereto, the prisoner was directed to plead
again to the Indictment. But his counsel
refused to allow him to plead explaining
that they did so because they believe no
lawful Indictment is pending. The court d-
rected a plea of not guilty to be entered,
ana then the work of selecting a Jury was
begun.
Each of the talesmen summoned to the
box was questioned at great length as to
whether he had read or heard of the case:
as to his acquaintance, If any with the
little girl or the defendant; as to his opin-
ION, Ii any, OF the guilt or innocence of the
defendant; whether he is a man of family
ana many other questions of like character.
Selecting the Jury.
The greater part of the day was con-
sumed in the work of selecting the Jury, a
demand by counsel for the defense that
they be allowed twenty peremptorv chal-
lenges being overruled after long discus
sion by court and attorneys
Cars attorneys claimed that the crime,
rape, Is punishable here by death, con-
tending that the act of 1925, making death
the penalty, has never been repealed a con-
tention, Mr.. Shillington submitted, that was
not Well founded, since an act of 1881 made
the penalty here Imprisonment for not less
than ten nor more than thirty years
Chief Justice Bingham sustained Mr..
Shillnstons view of the law, and after
counsel for Carr had excepted, the jury
was quickly completed.
The Victim "a Witness.
Mr.. Shillington briefly detailed the al
legged ohense to the jury, and the defense
deserving their opening address, the little
girl, Rosa Robinson, was called as the first
witness
She satisfied the court that she under
stood the nature Of an oath, and then,
after stating that she is but eleven years of
age. she detailed the particulars of the al
legged crime, which, she said, was COM
mhtted IN Cars house, near LIST and l.
streets, about t o'clock the afternoon OF
July 26 last.