The times. [volume] (Richmond, Va.) 1890-1903, 1897-05-07

sufficiency Of the testimony IN the case.
Il shall. in discussing the evidence. con
fine myself almost exclusively 10 the
testimony OF the prosecuirix. and shall
only incidentally allude to the other proof
in the case.
GIVING Ills REASONS.
First. / would say that / am satisfied
that the prisoner exposed MS person 10
the 'prcsecutrix. and made certain indie
cent motions of his body, and further
more. that his desires were prurient and
improper
But the doing Of these acts alone will
not warrant the conviction or the pfis-
oner: the evidence must satisfy the jury
to moral certainty and beyond rea-
sonable doubt that the prisoner cum
mitted the very offence of which he was
charged: that is. that the prisoner at
tempted to carnally know the prosecu-
trix by force and against her will. and
unless the facts demonstrate this. the
prisoner must be- acquitted.
1.-THE priscrer ran towards the prosecl-
trix twice The 18th question or tie
direct examination was. Tell the jury
exactly what this man did The answer
Of Mrs. Lowrie was. "He ran out after
me over this ground and ! would not
have had time 10 get out Of his way"
"The 18th question was, How far ala
he run Aus-Ntout forty ydrds-this
was the first time
1.-THE 10Th question was. Did he do any
thing else at that time2 Ans-No. sir;
he seemed 10 be waiting for me to come
further
"The second time the prosecutrix said
the prisoner ran towards her a distance
of 100 yards. but on neither occasion got
nearer 10 her than thirty-fve or forE
yards And when asked Is prisoner could
have caught her II he had wanted TO
replied. Yes: and when asked why he
stopped (and he stopped at same point or
spot both timcs). answered, Because
he wanted TO I guess "
although she did not say at one point
IN her testimony. she thought prisoner
stopped because he was afraid but when
recalled. prosecutrix said emphatically
that prisoner could not and did not see
Mr.. Lowrie and Mr.. Hobeck. as they
came up. Prosecutrix further said, I'm
answer TO sd question as to whether he
stopped. answered. Yes, sir, stopped
and he stopped
DISCHARGED THEIR DUTIES.
AT this point it should be remembered
that Mrs. LOwrie the prosecutrix, in 60
ing after the horses was going towards
stance that prisoner. ran when pursued
by Mr.. Lowrie and Mr.. Hobeck must be
considered in the light of the fact that
he had exposed his person and made in
decent motions which alone would have
justified fears on his part OF condign
punishment al the hands of these gentle
men. There were children with Mrs.
Lowrie or in her yard within easy call.
also there was a colored woman withic
reach. Mr.. Lowrie. the husband. saw
the prisoner but his actions made no par
ticular impression on him. Between the
the first and second time the prisoner
ran towards the prosecutrix. colored
man passed by the prisoner. and was seen
by the prosecutrix. fuller relation OF
the testimony I deem unnecessary, It has
all substantially been published I'm the
daily papers. The jury that tried this
case was composed Of twelve estimable
gentlemen. and their verdict was the re-
suit OF an honest. discharge OF duty on
their part, and / have no censure for
them, but the responsibility was and l.
with the court, and / take occasion to
say that tho conduct OF the prisoner was
reprehensible in the highest degree. but
does this Justify a conviction OF an at
tempt 10 commit rape in the absence OF
proof OF what in law IS an attempt to
commit this helnous offence? Ii Is for
the jury 10 say what facts are proved.
but It is for the court to determine wheth-
err the facts as proven constitute In law
the crime. At this point would say that
the fact that the prisoner did not come
within thirty-fve or forty yards OF the
prosecutrix would not prevent the
attempt In my Judgment in proper case
from being In law complete. yet or course.
this Is a fact to be considered by the
court In passing on the question OF pris-
oners guilt. To constitute an assault with
intent 10 commit rape the man purpose
must be TO use force. should IL be neces-
sary 10 overcome the womans VIII. FOR
example. II Is not enough that ne means
TO solicit her. however. urgently 10 con-
sent to carnal connection. ms idea
was embodied In every instruction given
by the court I'm this case.
ATTEMPT MUST BE MANIFEST TED.
The attempt contemplated Dy tne star
ute must be manifested DIV hcIS ~h,Sh
would end in the contamination OF tnc
particular offence but for the intervention
OF circumstances independent OF the VIII or
.he party. These are the principles vi Ia"
by which the prisoners acts In TINS case
are 10 be measured. and unless his acts
go 10 the extent OF their requirements
me prisoner is not guilty OF the crime
or which he is charged. Was there any
Intervention OF circumstances independ-
ent OF the will oof the prisoner Inc
prosecutrix testified he could have accom-
plished his purpose had lie wan'e1 10
that he stopped when she stopped Ihat
he stopped at the same point or spo. on
both occasions. That the prisoner stop.
Dad IL hlS own voIition- and wiu an 49,