Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-09-20
DASH FOUND GUILTY
Result Of Trial for Assaulting His
Typewriter.
LAWYERS ARGUE THE Case
The Judges Charge and the Jury's
Quick Verdict.
A n A P P + A L 7 A K E N

The case Of Mr.. s. S. paish, the we'll
known merchant. which was partially tried
Friday last before Judge KiBlban and a
jury. and in which the accused was charg-
ed with committing assault on Miss Es-
telle Blanche Sherwood was resumed today
shortly before room.
The submission of testimony having teen
concluded on the first day, Mr.. Thomas,
counsel for defendant, submitted a num-
Der of prayers, asking the court to in
struct the jury that the defendant was
presumed to be innocent until he was
proven guilty; also that evidence s.f good
character should not be regarded as a
make weight" but as an evidence of
positive defense.
Mr.. Mullowney said he had no obje ,tions
to the court granting the prayers of the
counsel for the defense provided a slight
verbal change made in the wording of
one of the prayers. This was done, and
Mr Mullowney addressed the jury. The
defendant comes here he said, Charged
with crime. 1t is a very important matter
to him, he being a prominent business
man in the community. On the other
hand, is Miss Sherwood, Young lady, who
answered an advertisement put by Mr.
Daish in a local paper" After paying a
compliment to Miss Sherwood for her de-
sire to earn her living he spoke of the
alleged leg improper acts OF Mr.. Daish.
Mr- Muiiowney referred at length to the
evidence of Mrs. Sherwood, who had testi-
red that her daughter told her that Mr.
Dash had acted in an improper manner
toward her
Mr.: Muliowrey characterized the evidence
OF Nathan. The cashier for S. S. Daish L.
son, as absurd
Mr.. Mullowney claimed that Miss Sher-
wood was not censurable for trying tc
Keep from coming into Police Court to
prosecute Daish, and asserted that it was
because OF her modesty that she took this
stand. Mr.. Mullowney referred in terms
CT scorn to the efforts of the defense to
hnd out something derogatory to the char
acter OF MIR. Sherwood, father of the VIC
tim of the alleged assault. All they found
cut, said Mr.. Mullowney, was that MIR.
Sherwood worked sixteen years for one
man, seven for another and that afterward
he went TO work for railroad company
and now fellows his trade as a carpenter.
MI Mullowney reviewed a length the evil
uenee offered by the defense, and said it
was not entitled to any considera ton by
the jury.
In refereLce to Mr.. Daish's testimony
that it was stomary for him to say to all
his employees Il kiss you goodbye Mr..
Mu.ioWney said: Imagine Mr.. Daish say
ing to Hawkins or Plum Johnson, colored
men. l kiss you goodbye 1t is nonsense
to give the subject any thought
The Other Side.
Mr.. Mulowney closed his opening address
at 1910 noon, upon which Mr Thomas be-
gan his reply.
MI Dafsh," said Mr.. Thomas, lis an old
friend and client of mine The offense
charged against the defendant-an assault
upon young lady-is q very serious one"
lie claimed that there was no reason what
ever for the jury TO believe the testimony
of Miss Sherwood, who swore that Mr.
Daish assaulted her in broad daylight in
place where there were eighteen or twenty
empioyes constantly passing in and out
Miss Sherwood is, he declared, an intelii-
cent young lsdy. and knew that Mr. Daish
meant no offense or insult when he brushed
her hair above her ear. Had Mr. Daish
SAID Mr.. Thomas. been as chivalrous as his
tMr. Thomas) friend, Mr.. MulIowney, he
would probably have requested Miss Sher-
wood TO remove her own hair, but Mr.
Daish, being practical man. went about
The matter in a different way and removed
the girls hair himself, but he meant no
more ofense than would have been re-
quest from Mr.. Mulowney to do the same
thing
But said Mr. Thomas. lis Mr.. Daish to
be convicted of assault because he does not
happen to be polished gentleman as
my friend the prosecuting attorney?'
Mr.. Thomas reviewed Miss Sherwood's
evidence at considerable length, but de-
voted the most of his argument to urging
the jury to believe the evidence given by
the witnesses for the defense, which had
been severely assailed by Prosecuting At
torney Mullowney.
Mr. Thomas dwelt with much emphasis
on the fact that when. after information
about the alleged assault had leaked out.
Nathan, Mr.. Daishs employee called on
Miss Sherwood and asked her if Mr. Daish
had assaulted her. Miss Sherwood replied
that he had not.
Referring to the evidence of Miss Julia
Leonard, whose brothers had worked for
Daish and who had A conversation with
Miss Sherwood on the subject Of the al
legged assault. he said her testimony that
Miss Sherwood denied to her that AR
DliSb had assaulted lier fnIl MI
Leonard that the reason she charged Mr.
Ealsh with the crime was that she did rot
Ike either the work she had to do there
or Mr.. Daish's ways. and dill not want to
keep the position.
Mr.. Thomas said the alleged crime was
all In Miss Shc-wood's ima mayination aid
was Invented by the latter in order to
justify her In relinuishng the place not
having an idea that her father would com.
pei her 20 take the case into court. The
case, ne said. ought never to have been
brought i2to court. Miss Sherwood's father
acted imprudently in doing as he did. and
It was the duty of the jury. he said. to
yindicate the young lady by acquittins
Mr.. Daish.
to finish, said Mr.. Thomas, are In Mr
Daish's favor. He is man of good
character. He had right to show that he
possessed this character not as a .snnake
weight" in this case, but as a substantive
defense.
Mr.. Thomas referred to the prominent
business men who had testified in Mr..
Daish's favor, and said it was q serious
thing for the prosecuting attorney to stand
before jury and ask that such a man be
convicted of an offense such as that
charged against Mr. Daish
rs 1t likely" said Mr.. Thomas in con-
clusion, that Mr.. Dash would In a mo-
ment throw away the good character he
had sustained for all the many years he
has lived In the community. If you render
a verdict of guilty you will ruin Mr.. Daish
if you acauit him you will not injure the
young lady. She is good and pure"
Mr.. Muilowney Replies.
Mr.. Thomas ceased speaking at 1850.
when Mr.. Mullowney at once began his
reply. 1t was the duty of the jury, he
said, to convict the defendant as warn
ing, ard TO deter others who would act as
Miss. Sherwood had said .Daisn had Gone
He ridiculed the inti.nation of Mr. Thomas
that Miss Sherwood was not as much
averse to coming into the court had she
had good case as sne said she was
Yny1nO 1o.l ha~ !. -.