The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-12-08
FOR CRIMINAL ASSAULT.
w. j. Radcliffe Has His Preliminary
Hearing Before Justice Burns-The
State Rests Its Case.

The preliminary hearing of w. j.
Radcliffe on a charge of criminal as
sault alleged 10 have been committed
upon Gussie knute, daughter of Will
lam Knute. Of AGO Mahoney avenue,
was commenced yesterday afternoon in
Justice Burns court. The entire after
noon was taken up in the examination
OF the three witnesses who appeared for
the state, at the conclusion of which the
state rested and an adjournment was
taken to 10 o'clock Thursday.
The testimony was of a very sala-
cious character and would have been
more so had the defense been allowed
the latitude it desired. The examina-
ton at the outset resolved itself into a
battle between Deputy County Attor-
ney Stivers, who appeared for the pros
ecution, and Attorney Burbage for the
defense, as to the relevancy of certain
evidence. The complaint alleged that
the crime had been committed on the
person of the prosecutrix, a female un-
der 16 years of age, on Sept. s, 1896, by
the use of force and without her con-
sent. Mr.. Burbage took the position
that it devolved upon the state to prove
the allegation of force and that consent
was not given, and that without such
proof there could be no case. He re-
peatedly tried to draw the prosecutrix
out on this point, and the other wit
nesses on points leading up to it, but
his questions along that line were re-
peated1y ruled out upon the objection
of the states attorney, who fortified
himself behind the Montana statute,
which provides that any person car
nally knowing female under the age
of Is shall be guilty. the female not be-
ing empowered by law to consent even
if she wished TO. Judge Burns accept
ed this view of the law and ruled with
Mr.. Stiyers, who held that the matter
of consent did not enter into the case,
1nx, l,yNI1 -. Il
incapable of giving consent. and that
therefore the only thing the defense
could do was TO disproye the charge.
At the opening of the case the COM
planning witness took the stand and
testified that she knew the defendant in
August, 1896 when she went to work
at Mrs. Lille Scillicom's in East Quartz
street. Radcliffe was boarding there.
She met him. and they soon became
friends. On the Sth of September, oS
the same year, she was in the parlor
with Radcliffe. They had been sitting
up two or three nights and she lay
down on the lounge and went to sleep.
When she woke up Radcliffe had ac-
complished her ruin. She was Is years
and months old az the time and WAS
not the defendants wife.
On cross-examnation Miss knute
said she was born Feb. >. 1881. When
asked how she knew, she replied that
her mother told her so. and that her
mother had the date written down in
the album. She was not positive OF the
date on which the defendant accom-
plished her ruin. but thought II WAS
the sth or 10Th Of September. 1886
When she awoke and found the defend
ant attempting To assault her, she al
lowed him 10 accomplish his purpose.
as she did not wish to awaken the
household. She did not consent until
ne promised 10 marry her If she met
with misfortune. A question as 10
criminal relations subsequent - the
alleged date Of the ruin IF the prosecu-
trix was ruled out on objection by the
state. The same ruling vas made with
regard - question bF Defendants
attorney ~ - whether the prosecutrix
had become enCiente and ii the defend
ant had refused 10 fuldll his promise.
Going back to the lime the alleged as
sauit occurred. the witness was asked
IL she cried nr rpnrnye1 the defendant
after ne mad accomplished her ruin. 70
which she replied she did net. before
the states attorney could object, which
he did, the question being stricken