The times., 1897-08-14
NINE. De FORESTS PENALTY
She Is Fined 500 or to Spend
Three Months in Jail.
THE CASE TO BE APPEALED
Motions to Set Aside the Verdict
AID for New Trial of the Mas
snge House Keeper OverruIed-
Grounds for the Appeal Her At
torneys Ask for Mercy.

Mrs Minnie De Forest, the proprietress
of the bath and massage establishment at
No. I40S Pennsylvania avenue, whose
place Was -aided last month by the officers
OF the First precinct, as a disuideriy
house, was sentenced to pay a fine Of
$loo, or serve three months in jail
The De Forest trial lasted for two ei.-
tire Gays The testimony of the witnesses
was most damaging andin nseveralinstaa as
revolving. When the case was handed ,pv .r
TO tie Jury verdict was returned almost
at once
Immediately afterward Messrs. Fulton
and Walker, the defendants artorneys,
made a motion for a new trial on a .ill
of exceptions. Yesterday was the day
fixed for hearing, and the following
reasons Were presented for granting Mrs.
De Forest another hearing:
First Because the verdict was contrcuy
20 the evidence: also TO the burden OF
proof.
second-Becausc, upon all the evidence
and upon the entire case, the jury shoald
have returned verdict of not guilty
Third-Because of prejudice against the
defendant party Oh account of the fact
that she conducts a ''vapor bath and
massage establishment, and partly on
account of tie publication of false state
ments dehors the record against the de-
fcndant in a certain local newspaper.
Fourth-Because OF errors on the part Of
the presiding justice during said trial IN
allowing Serct. Moore TO state in detail
what one Claudia Clark (the complaining
witness in the casel had told them In he
absence or the defendant, and upon which
the information against the defendant was
mace, and also in refusing to allow the
defendant to produce evidence as to GER
tain subsequent admissions of the said
Claudia Clark contradictory OF the i'aid
statements made TO the police Officers.
Fifth-Because of other errors during The
trial upon the part of the presiding justice
to which exceptions were duly ia ken
SiXth-Because of errors on the part II
the presiding justice in refusing certain of
the prayers presented 10 the defendant.
Seventa-Because of his charge to the
jury, to which exceptions were duly taken.
Mr.. Fulton argued each exception in
fun and especially dwelt upon the influ-
ence of the newspaper in question, whose
account Of the woman's former life, he
claimed, had probably had no small weight
in settling the disposition of the case.
At the close OF his argument Judge Mills
complmeHted Mr.. Fulton upon the energy
and ability which he had evinced while
arguing for his client, but overruled the
motion
4 motion was at once substituted to ar
rest Judgment, set aside the verdict and
dismiss the defendant upon the ground that
the offense charged did not come within
the jurisdiction Of the court, as it was a
common law and not United States of
fense TO maintain n bawdy house. In
support Of his argument a number of paral
lei cases were quoted in which it was
decided that a common law offense could
not be one against the United States.
Mr. Mullowny in reply denied that the
District court had no jurisdiction IN the
case in question, but claimed that the ?olice
court has Jurisdiction in all United States
cases.
Judge Mills then referred to an act OF
Congress by which all the laws of Mary
land aud Virginia were also made those OF
Virginia. The last motion was, therefore,
also overruled
The court was then asked to pronounce
sentence, Mr.. Fulton making an eloquent
plea in behalf of his client for clemency On
the GROUND of the class of testimony on
which Mrs. De Forest was convicted. aer
poverty, and the fact that at the present
moment her child is dangerously i'll und
demands her attention.
Tine penalty was, therefore, made as lig 1t
as possible under the circumstances, SD
fine or three months In iail Notice was
given that the case viii be taken to the
court of appeals, and pending such ac1ioa
the woman was released upon $500 bail.