The Democratic advocate., 1897-06-26
CONVICTED ON A SERIOUS CHARGE.
John W. Dudderar Declared Guilty of a
Felonious Assault Upon Miss Mary E.
Sdmmel- Recommendation for Mer-
cy-MOtion for a New trial.

John w. Dudderar, of Taylorsville, who
was indicted in the Cirenit Court for Carroll
at the MAY term for feloniously assaulting Miss
Mary Z. Stimmel in February last, had his
case removed TO Baltimore county. His trial be-
gan on Monday and was concluded by verdict
of guilty, with a recommendation for mercy,
on Tuesday. He was7defended by Ex-Judge
Jas. A.. G.. Bond and Mr.. w. Frank Mitchell,
of Towson. States Attorney Reifsnider, of
Carroll, and States Attorney Ensor, of Bal
timore county, represented the state.
The following report Of trial is taken from
the Baltimore American:
Miss Stmmel testified that she was seven
teen years of age, and lived with her uncle,
Grafton D. Condor, at Freedom. She said
that on the night of the alleged assault she
accompanied yeung Dudderar to party held
about tive miles from her home, and they
drove there While returning home, she
stated, Dudderar made an improper propo
sition to her. which she resented. She then
charged that the prisoner drove into an open
field, and threatened TO throw her into a
swamp if she refused to consent to his wishes.
Miss Stimmel stated that she was very much
frightened, and jumped from the buggy. She
further testified that young Duddear then
seized her and assaulted her. After return
ing TO the buggy Miss Stmmel testified that
she was twice more assaulted by the accused.
The witness was closely cross examined by
Judge Bond, and stated that she had made all
the resistance possible TO prevent Dudderar
from assaulting her.
Grafton d. Condon uncle of Miss Slim
mel, testified that after the alleged assault and
Miss Stimmel had returned she came to his
bedroom and told him of what had happened.
DR.. A. T. Cronk testified as to the physical
condition of Miss Stimme. He said that she
did not show evidences of having been sub
iected to great violence the day after the al
legged assault.
Mrs Sarah E. Stimmel, mother of the girl,
testified as to the condition of her daughter.
On Tuesday Dudderar took the stand in his
own defense. He testified that all of the lib
critics which he took with Miss Shmmel on
the night of the lth day of last February
were taken with her full consent. He denied
that he used force in any way TO compel her
to consent to his proposals.
Miss Stimmel arose in court and attempted
to contradict Dudderar, bul she was quieted
by her mother.
THE VERDICT.
After argument, land deliberation by the jury,
a verdict was rendered, which caused the pris
oner to break down, and he wept like child.
The foreman of the jury handed the court a
recommendation for mercy signed by all of
the Jurors. Mr.. Mitchell arose and demand
ed that the jury be polled and each juror re-
sponded that his verdict was as had been re-
corded Mr. Mitchell then moved that the
prisoner be admitted to bail, and stated that
any amount required by the court could be
furnished. Judge Burke stated that the pris
oner had been convicted of too serious a crime
to be admitted to bail, and ordered the sheriH
TO take charge Of him. The prisoners
brother clung to him, and it was with some
difficulty that Deputy Sheriff Burke separated
them
While being taken to the Jail Dudderar was
followed by number of his young friends
from Carroll county, who were visibly affect
ed There was a a sad scene at the Jail, when
the prisoner and his brother parted. Tues
day night Dudderar was in state of total
collapse.
Young Dudderar is a son of Dennis Dud-
derdr, near Taylorsvile, and Miss Stimmel is
a daughter of Mrs Sarah E. Stimmel, also
living near Taylorsvlle. on the road 10 Win
field
A motion for new trial was made by Dud-
derar's counsel on Wednesday. Motion will
be argued next Monday.