Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-10-30
Negro Gets Thirty Years for Criminal
Assault.
VERDICT APPLAUDED BY SPECTATORS
Prisoner Hears Decision Appar-
entity With indifference.
THE EVIDENCE SUBMITTED

Harry Johnson, otherwise called John
Hale, colored, indicted for rape. the prose-
cutting witness being Mrs. Ada Hardy, was
placed on trial today before Justice Cla-
baugh in Criminal Court No l. At the
time the alleged ,offense was committed the
case attracted widespread attention. A
colored man was placed under arrest and
Identified by Mrs. Hardy as her assailant,
but he proved an alibi and was discharged
from custody. Several weeks later John
son was apprehended and, 1t was an
nounced, he made a confession, admitting
his guilt Therefore, some surprise was
occasioned today, when the case was
reached, by the defendant stating through
Attorney Scipio L. Baker, that he was
ready for trial.
Assistant United States Attorney Taylor
briefly stated the case to the jury. He ex-
planned that Mrs. Hardy resides at a lonely
spot near the Ridge road. The morning of
the I'D of last May she was in the house
with her two little children, her husband
beng away from home. She went to
nearby spring for two buckets of water,
and on returning to the house found
coiored man there. He demanded food, and
Mrs. Hardy procured him something to eat.
The man thereupon produced what resem-
bled pistol threa tened to kill the woman
If she made an cutlery. choked her and then
committed the assault as charged In the
indictment. Making some excuse to leave
the house, Mrs. Hardy found an oppor-
reaching the domicile of a neighbor the
police were notified of the occurrence, but
when they reached the locality the offender
was not to be seem The jury was also in
formed that the defendant had made full
confession.
The First Witness.
Mrs. Hardy took the stand as the first
witness for the prosecution. She testified
substantially in accordance with the state
ment of the prosecuting attorney, and con-
cluded by declaring that to the best of her
knowledge and belief Johnson is the man
who assaulted her.
John J. Lightfoot, who resides near the
intersection of the New Cut road and the
Ridge road, was called to testify that the
Saturday preceding the 23d of last May
Johnson applied to him for employment.
The next witness was ]. W. Mutesbaugh,
a farmer of Lewinsville, Va, whose place
is about three and a half miles from the
Hardy house. According to Mr.. Mutes-
baugh the defendant appeared at his farm
about II o'clock the morning of the 23d of
May and went TO work, remaining there a
week.
Otley Hunt colored, employed by Mr..
Mutesbaugh, gave the details of the .pur-
chase by him of. q cap from Johnson and
the court then took a recess.
The, Alleged Confession.
At the opening of the afternoon session
Detective Muller related the circumstances
connected with the alleged confession on
the part of Johnson. The witness first saw
the defendant he said, at the seventh pre-
cinct police station. the Odd of last August.
when the latter admitted that he was at
the Hardy house the 23d of May, but denied
that he committed the assault. The fol-
lowing day, however, according to Detec-
tive Muller, full confession was made,
Johnson saying
Il have. done this dirty work, and 1 am
sorry for it,
When taken into the presence of Mrs.
Hardy, the prisoner exclaimed:
That's the lady
Government Closes.
Other policemen gave testimony tending
to substantiate the statements of Detective
Muller, and the government announced it's
case closed. The defense explained that
it would not offer any testimony. Counsel
addressed the jury briefly, and after a
short instruction from the court the twelve
men retired. Within five minutes they re-
ported a verdict of guilty as indicted.
The prosecuting attorney moved for sem
tence, and Justice Clabaugh without hest
tation imposed the limit of the law, i'm
prisonment in the West Virginia peniten-
tiary at Moundsvile for thirty years.
AS the words thirty years" passed the
lips of Justice Clabaugh there followed an
attempt at a demonstration, several of the
spectators, including policeman, applaud
ing loudly.
The action of the court had apparently
TO effect on the prisoner, who calmly faced
about and proceeded to the cell in the
basement of the building.
The last thirty years sentence for rape
in this Jurisdiction was imposed about
eighteen years ago in TIE case of Smoth-
ers. On the same charge about six years
ago, Justice McConas sentenced five youths,
arrested in West Washington, to imprison-
ment for twenty-five years each.