Richmond planet., 1897-10-30

came nearly crazy with anger and
shot him. 1 did not arm myself for
the purpose of shooting him. / car
ried a pistol regularly on account of
tramps and be ecause had long distan.
ces togo.
The idea of mans daughter being
ruined and by ''nigger" at that.
She cannot go into society. She has
not visited a neighbor since. did no
more than any other man would have
done. / got out a warrant for insult
ing her or committing rape on her.
Davis is about 20 or 21 years of age
q six foot Niger" He slept up stairs
in my house. ne came down through
the large room. Questions by counsel
elicited the fact that the room through
which DAVIS had to pass to go out was
Twicheips bedroom, in which him
self, wife, daughter and children slept.
SLEPT IN HIS HOUSE.
This Negro for nina months slept in
my house. He ate in the same room
with me, but at his own table and st
NV table. He had to come through
my chamber to get out.
do not know when he was Indicted
for rape.
THE record showed that it was in
December
knew then that he had committed
rape.
Mr.. Richardson Do you always car
ry pistol? Answerl Sometimes.
Mr. Richardsonl You came up to at
tend the triai7 Answerl Yes.
ARMED HIMSELF TO ATTEND THE TRIAL.
Mr.. Richardsonl And you came up to
that trial with your pistol in Jour
pocket7 Answerl Yes.
Mr. Richar1sonl 1 propose to intro
duce letters written long before the
| trial-Well, waive the letters just at
this time. There is motion pending
for q new trial in Davis case, is it not?
ARswerl think so.
Mr.. richardson Didn't you know
that your daughter had written several
| loving letters Co this Negro?
Mr. Smith objected and the Judge
sustained the objection.
RxPLAIEINe HIS POSITION.
Xr. Richardsonl Let us see. Iwant
my position understood IN this case
The defense alleges that this man ha6
committed rape on his daughter, and
this man knew that this man Davis
had not committed rape on his daugh.
ter.
Would it not be proper to prove that
the alleged ground of excuse for his
crime is not true.
Judge Wittl Not at this time.
Mr.. Richardson When was your
daughter born7
i TwitchelII My daughter was borr
eco Anil 9th sc bar Iirfb
day. do not know the year, dnless
figure back.
CORA TwITcHBLL's AGR-
| This would make her time of birtl
April 10, 1888, when as a matter of fact
she as born April 10, 1882.
The age of consent is now IA year
and this fact would settle whether ol
not she could consent at the time tn
crime was alleged to have been com
mitted.
Mr.. Waddi testified upon the pro
duction Of the papers. That is the ori
ginal Indictment, Found December Ia
1896
Yes, there is a motion for new tris
in this case of Davis.
| Mr.. Smith He has been tried, de
Tended and the jury found Kim guilty
: Mr.. Waddilll Yes.
THE CHARGE IN THE INDICTMENT
MT. Richardsonl / claim that the i
dictment is not for rape. tbs csruall
! knowing a child under the age of col
t sent | IA years
Mr.. Smith ! claim that it is RAPE
Y 1t is all the same thing.
Then followed a wrangle which WI
ended only by Judge Witt orderir
: them to desist.
: Justice Lewis of Henrico Count
= testified II issued the warrants. TT
q first warrant was issued Novemb'
11th. No one was the e, but Twiche
and Davis.
PERJURY PROVEN,
I'll Twichell made oath that rape h,
II been committed.
A Mr.. Richardson And yet he swo
that he did not know that rape III
r. been committed
\ Justice Lewisl Twichen said tn
I he did not know it.
"a Mr.. Richardson You filled up tn
:. warrant, charging Davis with rape al
II Twichell swore to it,
o. Justice Lewisl Yes.
20 Mr.. Richardsonl The first warra
to charged that DAVIS had raped Co
7 Twichell, e female, IA years OF al
n | five days afterwards, November
+ you got some other witnesses, and y
made out substantially the same thin
70 UNWORTHY OF BELIEF.
Twichell swore that his daughi
was 13 years of age. Twichell tn
had full knowledge of the charge
io rape
ut Justice Lewisl He first swore tn
OF she was IA years of age and few ds
a afterwards, he came back and swC
j. that she was 13 years of age and {
MED having said that she was IA ye'
1g of age.
h After the testimony by Commt
he wealth's Attorney of Henrico Coun
conway r. Sands, the case was gi1
te to the jury.
KvIDRNcEs TO FREE DAVIS.
m Evidence has already been obtaiI
aud will be produced in the Davis L
IA tion for a new trial proving that C'
nd | Twichell was over the age of conse
The fact that she was not permits
to testify shows that her parents WI
afraid to trust her on the stand to
H. tify against Paul Davis
nd The following sworn atfid avit will
interesting reading. shOwingas it d
las her affection for this colored boy.
led
HENRIoo COUNTY TO WIT: