Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-05-29
.BUSEY NOT THE MAN
Cleared Today of the Charge Of
Criminal Assault.
VICTIM MOI POSITIVE OF IDENTITY
Admits That She Might Have Been
Mistaken.
THE EVIDENCE SUBMITTED

Charles Busey, the colored man who was
arrested on the charge of committing a
rape on MS. Ada Hardy Tuesday last. at
her home near the Ridge road, in the Dis
trict. today arraigned before Judge
Scott Busey was defended by Messrs.
Fountain Peyton and Thomas l. Jones
Upon a full investigation the accused man
was dismissed from custody. the prOsecu-
tiVn failing to make case against him.
Mrs. Ada Hardy. when called to the wit
ness stand. said that Tuesday morning last
about o'clock she was visited at her home
by the accused man. who drew a revolver
and asked for something TO eat. She gave
it to him. After ne had eaten a part of it
h. attempted 10 assault her. He also de-
manded money from her.
When asked by Mr.. MuIIowny if Busey
was the one who had assaulted her, she re-
piled:
IF it is not. he must have the mans
face"
Mr.. Mullowny inquired.
We'll" Mrs Hardy responded, 1T must
be his twin"
After some questioning by the defense
Mr. NuIiOwny asked Mrs. Hardy if she had
had any doctor TO attend her since the al
legged assault.
Il have not, was the reply.
To whom did you make the first com
plant about the ASSAULT" was I1r. Null
l0~ny's next question.
Mrs. Policy" the witness answered.
Why is she not here today?" she was
next asked.
Because was told by an officer that
the only person needed in the case. "
Mrs Hardy replied.
Lawyer Peyton asked Mrs Hardy what
there was about Busey to make her be-
Heve he was the man who assaulted her.
Nothing but his general appearance; he
not dressed like the defendant is. she
replied
Further questioned by Mr.. Peyton, Mrs.
Hardy 81 ID she had recollection as to
what direction the guilty man went after
the crime. She left him in the house in
about twenty minutes after the commission
of the crime and went 10 tell her nearest
neighbor about the affair. Her husband
was not present at todays hearing, she
said. because she was informed he would
not be needed.
The AssaiIant's Beard.
Mrs Hardy admitted that she told the
officers that the man who assaulted her
had full side whiskers from his ear To
line with his mouth, and that he wore
goatee.
In reply to further questions by Mr.. Pey-
ton, Mrs Hardy described the means used
at the seventh precinct station TO enable
her to identify her supposed assailant, all
of which has heretofore been printed in
The Star.
How many officers have talked with
YOU regarding this case asked Mr.. Pey-
I don't know; guess every one on the
force"
VIII you swear unequivocally that this
Is the man" Mr.. Peyton asked.
No. l will not, but l will always be-
lieve that if that it not the man he has
the same face.
Then if you were to see another man
vrnl I1.vr Pr1Sa ink he
might be the One?" Mr. Mullowny inquired.
Yes I would think 1 might be mistaken
as To this one"
Bicycle Policeman Davis. who made the
arrest gave the particulars. and said that
Busey told him he had done nothing TO be
arrested for. and if the officer would take
him down To a canal boat At Georgetown he
could prove by Capt Miller that he had
just come from Seneca with him. Seneca is
twtnty-one miles from the scene of the
crime. Mr.. Davis further stated that Capt.
Miller told him that at the hour Of the
crime Busey was his tAuler'S) boat at
Edwards Ferry. and that this was cor
ruborated by another canal boat captain.
Mr.. Null0wny told the court that Detec
tive Muller had made a thorough iRvestiga-
tion OF the story told by Busey and asked
Judge Scott 10 hear him.
Detective MuIIer's Testimony.
Detective Muller said ne had a talk with
Busey after his arrest. BUsey told him he
lett Georgetown Sunday morning and went
to Martinsburg, little place an the Chesa-
peake and Ohio canal The next day ne at
tended his uucle's wedding. Tuesday morn
ing hs went TO Edwards Ferry. Busey. he
learned. Vas at his mothers house near
NIarJinsburg MONDAY. The detective saw
Capt Miller. who said Busey came to his
boat at Edwards Ferry at not earlier than
: nor later than o'clock the morning of
the alleged crime.
Mr.. Muller replying to a question from
Due. -
statements 10 be correct. Mrs. Hardy Inform
I'd the detective. the latter said. that Busey
was the man. He did not tell Mrs. Hardy
the result Of his investigations.
Mr. Mull0Wuy said the fact appeared 70
br that Mrs. Hardy could rot positively
ij' Nifty Busey as her assailant.- and he
placed Jhe disposition Of the case IN the
h. nds u the court
counsel for Busey argued that even a
priEa facie case had not been made out.
Mrs. Hardy Recalled.
Mrs Hardy was recalled by Mr.. Null
lowuy. She said her husband asked her
what there was in the charge against
RuS=y and after she told him her husband
said: That can't be the man"
Judge Scott said If the testimony given by
tho officers vas TO he relied there was
no case against Basey. Mrs. Hardy had
10, identified him personally.
Mr.. MuliUwny suggested that Busey be
gwen the benefit Of the doubt.
Judge Scott cOmPiimenied Detective
Muller FOR the pains with which he had In
vystIga ted BUsey's statements, and dis
charged the accused.
Busey eft the court room with his coun-
sci. and Mrs Hardy, weeping bitterly, took
d seat IN he court room
Maj syn sster received a letter today
from Constable John E. Poole Of Mont
EOnery county. giving some facts about
Busey and other members of his family
He says DC has had a warrant for Busey
since last Ssp teTrber. and expresses the be
lief that Busey has not been in Martins
burg since that time.
OFFICIALS ARE DISAPPOINTED.