The herald., 1897-06-11
Wronged and Reparation
Refused
ALL WITNESSES EXCLUDED
A CONSPIRACY CHARGED BY THE
DEFENSE
D. Flint, the "Dope Fiend" Burglar,
Held to Answer-Mrs. G. Weaver
Discharged From Custody

Another sensational trial began yes
terday in department one, and it will
very probably occupy the attention of
the court and jury for week at least.
The defendant is Crawford Malkin, a
night watchman in fairer financial cir
cumstances than might be inferred from
the nature Of his occupation, and he has
to answer the charge of rape pre-
ferred against him by Miss Dora Green,
a very mature appearing young lady Of
fifteen summers.
If the charge made resembled in gen.
eral outline others of the same class no
especial interest would inhere in it, be-
yond the mere qualification that the
prurient minded might obtain. But the
story told by Dora Green at the prelim-
mary examination is somewhat start
ling, and the vast mass OF circumstances
arrayed to corroborate the main con-
tention assists in making the story it.
self additionally curious. Assistant Dis
trict Attorney Williams is engaged in
prosecuting the case, while the law firm
of Davis & Rush are acting for the de-
fense
The morning was taken up with the
work of selecting a jury and at noon the
following were empaneled to try the
cause: V. B. Ketcham. C. l. Dunsmoor,
Rollin B. Lowell, Andrew S. Atkinson
John F. Powell, H. A. Barraclough, D.
W. Cate, John Villinger, Daniel r.
Browning. George w. Juden, Franklin
3. Anderson and H. c. Thomas.
Before placing any one upon the wit
ness stand Mr.. Williams invoked the
rule that all witnesses be excluded from
the court room. This was agreeable to
the defence, but Mr.. Davis insisted that
the rule should be made to apply also to
Mrs. Green, who was to be an important
witness in the case. and who had COM
fortably ensconced herself by the side of
the prosecuting attorney. But this was
by no means agreeable to Mr.. Williams,
and he appealed to the court, asking that
she be permitted to remain in the court
room, as she was the mother Of the girl
and her presence would be necessary in
the trial of the case. Mr.. Davis, or the
other hand, stated TO the court that the
defense charged Mrs. Green. in con-
junction with her husband and daughter
Dora, with conspiracy, that that was the
defense they intended TO set up, ard con-
sequently il was necessity that Mrs.
Green should not be present when Dora
Green's testimony was taken. That
settled it, and Mrs. Green had TO meander
against her wish into the seclusion of the
witnesses room.
THE GIRL TELLS HER STORY
Then Dora Green went upon the wit
ness stand and poured the story of her
wrong into the ears of the jury with
perfectly glib tongue and unabashed de-
meanor. In epitomized form her narra-
tive amounted to this: On the 5th of
January her brother-in law told her that
Maxim had sent word that she could
have his bicycle that afternoon, and
about 1890 she went to Malkin's house
and got the wheel She then started off
with her sister, who wheeled a peram-
bulator containing her baby to the East
Side park. 1t was a long way from
where Dora lived, on Macy street to the
park, and her sister could not make great
speed with the baby, so Dora sprinted