Evening star., 1897-05-18


mo. sir replied, Mr.. Talcott, with EN-
phasfs. Mr.. Hartley came to me and satd
he proposed to take a hand In the case. I
stated to him that for the sake Of the chill
with the case. I would have rather paid
3NO than had the little ones figure In such
court proceeding. >, It would have been
pieposterous for me to make IN offer to
progress a whole day"
For the government. Policeman Clinton
testified that he heard Mr.. Talcott admit to
Policeman Smith at the time the warrant
was served that he had played with the
little girls tn IN improper manner.
Mrs. Parke. Mrs. Elliott, Mrs. Allen and
Mr.. Booker testified as to the good char
acter OF the five little girls. and Mr., Null
loWny then began the opening address TO
the jury for the government.
Addressing the Jury.
Z Mr. Mullowny reviewed the case and the
testimony in detail. At the outset the pros-
ecuting attorney remarked that the at
tcrney for the defendant would probably
argue that the allegation that MIR. Taicott
admitted he bad played with the little girls
improperly was Inconsistent. The de-
meanor of the defendant ON the stand and
his free use of oaths and other expressions
said Mr.. Mullowny, demonstrated that the
statement was Thoroughly consistent with
his character.
set forth by the defense. Mr.. Mullowny de-
clared that 1t was absurd to suppose for a
moment that Mr. iTalcott. a man of wide
experience, ability, and intellect. and pos
sessed OF great worldly knowledge, would
be frightened when! approached by three
boys and accused of an offense, II he was
inrocent of the charge.
The prosecuting attorney spoke half an
hour, during his remarks MIR. Taicott sit
ting with bowed head; pressing his tenn
pies with his hands. r.
Mr.. Carrir gton followed with an impas-
stoned address IN behalf of his client. In
opening he expressed the belief that the
little girls. after the trial. would go TO their
homes as pure as the day they were born,
SO far as Mr.. Tafcoft was concerned for
ro offense. he .said;, had been commI,ted.
The charge brought against Mr.. Talcott.
according to the attorney. was one easy to
: bring, hard to prove and harder TO dis
prove. aasE tsru, -1kI pe-I-9 asv' 'r.-E
IF you make mistake, gentlemen of the
jury" urged Attorney Earrfngton;1 make
II in favor Of the defendant. The facts are
for you alone. A verdict of guilty will
mean misery shame. almost death. to this
cid man. and disgrace to the little girls
The attorney next read ar authority who
held that In every dozen charges Of al
lesed indecent assault but one genuine case
is proved 49, " -'-'.'--
''Where ;s there a word of medical testi-
IRONY or the testimony of a mother" asked
Attorney Darlington, ito show that these
little girls are not pure? First, gentlemen
of the jury, there is no medical evidence
intr reduced here. and. second, not word
from anybody to show any injury. when
serious injury there must have been II
these charges are true. In my opinion.
gentlemen of the jury. the case could be
dc cided properly on this point alone"
Reviewing his argument. Mr.. Darlington
called the attention of the jury to the fact
that no medical testimony had been pre-
sented. nor any evidence of injury, no in
iured clothing produced and no evidence Of
recent occurrence shown. Continuing, Mr..
Darlington promised to show that the sto-
ries related by the little girls were contra
dictory. were improbable, were impossible,
and that the witnesses were not credible.
The attorney called attention to the fact
that the warrant for the arrest Of Mr.. Tai
colt was sworn out by William Milstead.
They could not get any Of the parents
to bring the complaint" said Mr.. Caring
ton. Roy Garrison would not do 1t, and
neither would Saxty. Isn't 1t significant,
should have been sworn out by Milstead,
the only member Of the blackmailing trio
who did not get any of the money feeced
out of this old man2' .-.......
Attorney Darlington suspended his ad-
dress in order that recess might be taken
After recess Attorney Darlington re-
sumed his address, dwelling particularly
On the physical condition Of Mr.. Talcott
and the testimony Of DR.. ]. B. Gregg Gus
tbs. On that ground alone, argued Attor-
ney Darlington. the assault was impos-
sible. II he thought that his client was
guilty, said Mr.. Darlington, he would be
the first to urge tearing him limb from
limb before he could leave the court room.
In speaking of the contention of black
mail, Mr.. Darlington said that to his mind
the fact that Mr.. Talcott had paid $25 to
his accusers in the hope of saving his rep.
utatton from attack was an evidence Of
innocence. rather than guilt.
/. Mr.. Darlington concluded at 2:20 o'clock,
urging the jury again to make the mistake
In favor of the defendant, II any mistake
should be made. .It is far better to let
ninety-nine, guilty men escape" he said,
than to convict one innocent man."
Mr.. Mullowny at once proceeded with the
concluding address of the case Lynch
law. he said. originated because juries
failed to convict.
Mr. Carrington snoted an exception to the
statement Of th.n prosecuting attorney, re-
marking that Mn Mallowny was threaten
ing the jury. sdt .rs
Medical testimony, said Mr.. Muilowny
continuing. was entirely unnecessary. The
charge was simple assault: and all that
was necessary was the laying on Of q hand
improperly. The statements of the dura-
ton of the assaultSs hs testified by the lit
tie girls. were not Inconsistent. argued the
prosecuting Attorney for they were in no
position to correctly Judge Of the passage
Mr.. Mullowny haAisnot concluded his ad-
dress when, The Stars report closed. A
verdict is expected tEis afternoon.
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