Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-10-13
IN CARR'S DEFENSE
Witnesses Who Testify Fl Rosa Rob-
inson's Assailant.
MOTION TO DISMISS Case oVERRULED
The Proceedings HAD Before Jus
tice Bingham. Today.
GOVERNMENT RESTS CASE

GOVERNMENT RESTS CASE
The third day Of the trial of James, alias
Pat, Carr. the young white man who is
alleged to have criminally assaulted at
his home, near list and L streets, the after
noon Of the 18th of last July, Rosa Robin
son, white girl of eleven years of age,
was begun before Chief Justice Bingham
In Criminal Court No this morning, Mar
shall Wilson again disappointing a great
throng of curiosity seekers by restricting
admission to the court room to members
of the bar and others having business be-
fore the court.
The little child who is alleged to have
been injured was on the stand when The
Stars report of the trial closed yesterday
afternoon. she having been recalled for
cross-examination by Mr.. Jeffords, of coun-
sci for the prisoner. The cross-examina-
ton, however, did not shake the child's
story, and at it's conclusion the trial was
adjourned until this morning, when As
Sistant District Attorney Shillngton called
Policemen Albert w. Steventon and Philip
Mansfield and Detective Weldon, for the
purpose Of showing that when Carr was
captured he was in his stocking feet and
that shoe found in house in which he
Hu anu one ne threw at purSuer few
days previous were brought to him and ac-
cepted as his own.
Denies Making Signals.
After counsel for Carr had recalled the
father of the child, who denied that during
her cross-examination he motioned, nodded.
or in any other manner attempted to in
fuence her testimony, they recalled the
child and questioned her as to whether or
not she visited the store of a Mrs Sweeney
shortly after the alleged assault and told
her or others that she had not been hurt
ana that Carr was not in the house. The
little girl stoutly denied saving anything
OF the kind, admitting, however. that she
Gid visit the store once, when she was told
that her brother had made such a state
ment, which her brother denied, she said,
when she subsequently questioned him.
At this point Mr.. Shillington stated that
the government would rest it's case.
Defendants Motion. -..-
Counsel for Carr thereupon asked the
court to take from the consideration OF the
jury the question of rape, basing their mo-
ton on the ground that, as they commended,
the medical testimony showed the ofrense
had not been completed, the testimony OF
the child that it had been was unsupported.
In support OF the motion, Mr.. Jeffords
read several authorities, which, he submit
ted, should be recognized by,ithe court.
Mr.. Shillington, on the other hand, argued
that the testimony of the physicians did
not by any means Drecltde the belief that
referred to the immediate complaint of the
child to her mother, toi.her, condition of
body and mind, and to 1.-The admission of
Carr to Policeman Murphy that he would
not have done it. had he not been drunk.
What about the alleged flight Of the de-
fendant?' inquired the court.1,
II overlooked that, yopr HONOR replied
strongly indicative of gufit.' - ''''
"And the condition of the fchids cloth
ing; do you include thHt?" inquired the
court. 80, ,t- -,
YES your honor" said MIR. Shillington
81 include that in the matter Of immediate
complaint by the child"
The Court OverruIes.
Chief Justice Bingham denied the motion,
holding that to sustain it would amount to
an usurpation by the court of the right of
the jury to pass upon both the sufIiciency
Of the evidence and the credibility of the
witnesses.
For the Defense.
Omitting the customary address to the
jury in explanation of the line Of Defense
counsel for the prisoner called as their first
witness Sophia Bunday, who testified as to
the death OF Cars parents, and that he
appeared to be a good boy. She knew moth
ing of the alleged offense, and could not
say that she knew of the child, Rosa, being
in the habit of playing in or about Cars
house.
Bridget M. Sweeney next testified, saying
that the child had shortly after the alleged
assault visited her store, when she said
that Carr had not hurt her. and that the
newspaper stories Of the affair were not
true.
Isaac Cartwright am old coiored man,
Cars next-door neighbor, testified that
the day In question he was busy about the
house nursing a sick friend, and declared
that he heard no cries coming from Cars
house. He also stated that he regarded
Carr as "a right good sort of boy"
Principal Witness.
Joseph Lochran said he was with Carr
July 26 nearly all day. and that day went
with him to sell stovsA He then said
Mrs. Robinson stopped Carr and asked him
why he did not sell her the stove, as she
was a good customer Of his. After some
parleying, witness said, Mrs. Robinson Of
fered Carr 40 cents for the stove, which he
agreed to take. Carr said he wanted some
milk, and asked Mrs. Robinson II she had
a bucket to lend him. She said she had
not, but would send Rosa, her daughter,
to get one; the girl was there, sitting on
the step of the door Of Mrs. Robnsons
store, and the mother told her to so down
to the Carr house and get bucket. While
Rosa was gone the witness and Carr re-
manned at the store talking with Mrs. Rob-
inson. After about ten minutes, Rosa not
having returned from the Carr house, Mrs
Robinson went to the door to look for her.
Witness could not remember whether 1t
was at Mrs. RobinSon's request or of his
own volition that Carr went to his own