Daily press. [volume] (Newport News, Va.) 1896-current, 1899-07-12
AUSTIN GOES FREE
Iertfa Tappin Says She Lied
in Former Case.
VERDICT WAS "NOT GUILTY.
Wonderful wind Up Of the Famous Crimf-
nal Assault Case. The Council Meet
ing Last Night. Other Inter
esting News Notes.
lionel Gould P. Austin is again a

Colonel Gould p Austin is again a
free man.
1'hs was the outcome of his fourth
trial. which came up yesterday morning
in the County Court. 1t took but little
over an hour to empanel the jury. hear
the evidence and arrive at Il verdict.
The jury which was composed OF gen
tlemen from Newport News, was as
follows:
Messrs. r. W. Harwood. r. B. Will
kins, T: w. Jhdkns. a. Rosenbaunl.
michael, G. r. Rassenham. c. w. Mug
Ter. NJ. ]. Kennedy and f. w Huffman.
AS soon as the jury had been COM
pleted and the-necessary prelimtnares
were gone through with Bertha Tappin
the girl. who has been the direct cause
OF Colonel Austin'spending three months
In Jail. going through the ordeal OF
three trials and having been convicted
and given eight years in the peniten-
tiary, was placed on the stand.
Colonel Austin has never done any
thing wrong to me- she said. land T
= have sworn falsely In the former triuls
He is not guilty Of the crime"
Further than this she would not
speak. The Acting Commonwealth's
Attorney. P. st. George Wilcox. OF
ed to prosecute the case, announced that
all the evidence was in. Mr.. F. F. Cau-
sey. who has represented Austin froii,
the beginning to the end Of the case
smiled With much joy and Colonel Aus
tin laughed behind his ears for it was
ali overland when the jury left the box
it was known that their verdict would
it was known what their verdict would
be. I took five minutes for the jury
to reach this verdict:
I'VE. the jury, find the accused, Col
onel Austin, not guilty, as charged In
the Indictment"
There was no excitement, but the YER
dict seemed to meet with the approval
OF the large crowd of spectators some
of whom warmly congratulated the
prisoneETon his eXoneratfon by the ev;-
dence alone of the girl.
The details leading up 20 the arrest
Of Colonel Austin are familiar to the
readers Of the Daily Press but q
short history of this case may be found
interesting reading.
ed and placed in Jail charged with the
blacklist crime known to the courts
that of criminaly aSsaulting little girl
The feeling at the time was some
what severe on the, prisoner, who after
being taken before Il ma gistrate was
sent on to await the action of the grand
jury. He was carried into the County
Court. where after three days OF a hard
fought legal battle, the jury failed 10
arrive at verdict. being eleven for the
death penalty and one for acquttai-
this one Colonel Austin must be CRATE
full to.
In less than seven days he was again
arraigned in court and another legal
'battel of three days was the outcome
with the same result as first, save that
Six We're for a verdict of guilty While
six thought and believed him not guilty.
The third hearing which took place
in June resulted in a verdict for the
commonwealth and Austin was sent
back to Jail With eight years in the pen
itentiary looking him in the face.
His counsel made motion for a new
hearing on the ground of newly discov-
cred evidence which was granted by
Judge Lee.
AT the former trial Bertha> Tappin,
who. If her own words are true should
be placed in the cell which was occupied
by Austin, swore that the prisoner had
taken her ITO his room and criminally
assaulted her. While there We're sew
erat small discrepancies in her tesIi-
mony no one even thought that she had
peipetrated and arranged such a com
plicated conspiracy against an inno-
cent man.
WILL ARREST THE GIRL.
Yesterday afternoon Sheriff r. K Cur
tbs ordered Justice L. p. Furness 10 is
sue warrant for the arrest of Bertha
Tappin, charging her with perjury. and
she will probably be given Il preliminary
hearing this morning. IT is the purpose
OF Mr.. Curtis to thoroughly investigate
the matter, and ii possible. find out
why such charges were made. How
ever, as the girl is a little imbecile it is
not thought probable that anything will
result from the arrest.
The action of the girl was the topic
for general conversation on the streets
yesterday.