The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-10-07
.OSCULATORY ASSAULT.
Mrs. Dias Of Bayonne Does
Her Duty to Unpro-
tected Women.
NOT a MATTER TO LAUGH AT
InstalIment Plan Collector Abused
His Opportunity and a Jury
Convicted Him.
NOT a MATTER TO LAUGH AT

Mrs. Viola Dias a refined and handsome
young matron from Bayonne, was the
complaining. witness in the General Ses-
sions Court yesterday afternoon against
Marshall McDanels of the same place,
whom she charged with assault and bat
terry. The assault and battery consisted OF
a kiss imprinted by the defendant upon
the complainant's cheek against her viii.
Mrs. Dias' demeanor and the manner in
which she gave her testimony convinced
everybody in the courtroom that she
was there not seeking for notoriety, but
in the performance of a duty she owed to
herself and to other women who are
necessarily at times left without a pro-
tector. Lawyer Alexander Simpson, who
appeared for the defendant, took a humor-
Gus view of the case and tried to laugh
it out of court, but failed
The circumstances under which Nc
Daniels lnsulted Mrs. Dias were related
by Mrs. Dias in a modest, but clear and
straight forward manner, which left no
doubt that she was telling nothing but
the truth She was at her home In
Fishers Lane, Bayonne ON May 81. when
McDanels called to collect an instalment
on some portiers which her husband had
purchased. She was alone, but had no
thought of fear as she knew McDanels
as an old friend of her husband. Mrs.
Dias gave McDanels a. 81 bill. out of which
he was to take $1.50 Not having any
change he went out to get some. When
he returned he handed Mrs. Dias sixty
cents. She called his attention to the
mistake. but he said that was all right
After giving her a receipt McDanels re-
xaJith
several minutes. She was moving around
the room busting the furniture ana pui-
ting things to rights
At length McDanels got up to leave
Mrs. Dias was then standing near a
table in the middle of the room. He of
fered her his hand, saying. Goodbye =
I 1t is probably not customary for GUS
toners to shake hands with collectors
when they are leaving, but Mrs. Dias ex-
planned that she had no hesitation IN
giving McDanels her hand. as he was
an elderly man and friend of her hus-
band McDanels grasped her hand tight
| ly and drawing her toward him leaned
| over and kissed her on the cheek
Mrs Dias pulled herself away from
| him and went out into the other room.
/ McDanels followed her, but made no FUR
| ther attempt to insult her.
| Lawyer Simpson, on cross-examination,
| tried to make Mrs. Dias admit that she
| invited the familiarity in some way Dut
he failed In opening for the defence Alr.
Simpson tried to impress upon the Jury
| that the insult offered to Mrs. Dias was
| only a harmless little act on the part OF
| his client and that Mrs. Dias herself dio
not think it was anything serious az tne
ktlme. He said 1t was only pleasant
benediction bestowed upon charmin
woman and that If every man who Kissed
| a woman were to be tried for assault ano
4 battery the courts would be kept Dnsy-
The defendant testified that when ne
| offered Mrs. Dias his hand and bade her
good bye. she put her hand in his will
| ingly and let it remain there; He Kissed
| force to pull her toward him. Sne oi9
| not show any resentment after ne nae
| kissed her. McDanels said that ne Is p q
years. widower, and that he lives WIN 1I
| his eighteen year old daughter, at NO.
| 926 Avenue D. Bayonne.
s.Do you always kiss people when you
| bid them good bye2'' asked Assistant
Prosecutor Noonan on eross-examination-
mo SIR replied McDaniels.
| ssWhy did you kiss Mrs. Dias?"
| The defendant hesitated and on being
4 pressed said, IN dogged md1lAsT =
fa sDid she ask you to kiss her?"
mo, SIR
| she wanted you to kiss herr!
.aThen why did you kiss her?'
s.Do You kiss all your women custom-
ers?''
| mo, sir. 60,
ssThen why did you kiss Mrs. Dias??'
The witness hesitated again.
perhaps it was because she IS so pref
/ typ suggested Lawyer Simpson. =.
/ WAS that the reason you kissed ner!'
| asked Mr.. Noonan.
II suppose so,' replied the defendant
| s.If YOU don't kiss all your women Gus.
toners where do you draw the line?
/ In summing up Lawyer Simpson treated
/ the case humorously. He suggested thai
| there was not man on the jury Wnc
/ would not kiss a pretty woman If he hac
the opportunity.
1 | Assistant Prosecutor Noonan denounced
| the defendant in his most vigorous Ian,
| guage and said it was the duty or tne
4 Jury to teach such scoundrels that they
cannot insult unprotected women witt
| impunity Such wretches as this, Mr
Noonan said, obtain access to house
/ through the pretence of being engaged II
| a reputable business and insult women II
fhe absence of their husbands. Mr.
Noonan's denunciation of McDanels was
In Charging the jury Judge Hudspetf