The colored American., 1900-10-20

mans influence secured the release Of
the white brute Heirs from the charge
Of criminal assault upon q little eolored
Lsvinia Smith Following Is the testf-
mony taken in the csss, together With
the dastsrdly and cOwsrdIy attack Of
dsfendant's counsel, Verdier, on the
virtue OF Negro women. II is q true
copy.
Ihe statel
v. Assault with intent TO Ravish.
TESTIMONY.
Lavinia Smith, the Is year old girl upon
whom the assault was made, testified as fol-
lows:
was standing near the store Of Ar. Burck'
n eyer in the town Of Port Royal, waiting for
Hr- Sanders 70 come and pay me some mon
eY for milk. waited there a long time and
got tired standing on the outside, so [ slepp-
Sd in the store ear the show case looking at
the things IN the show case. There was no
one in the store at the time but the defend
ant: he is the c'erk in the store; b. was be-
hind the counter he made an insulting pro-
position 20 me, and I aske1 him what he
meant. / didn't know what he vas talking
aooat. He said give me --- I said
did lot have anything and that l did not
know what he was talking about He then
came tom behind the counter and told me
10 go in the dark room at the rear Of the store
sad ne would show me what he meant. At
Inc same time ne went 10 the door and shut
and looked II told him 10 open that door
ar let me out Of his store BE said no you
go into the dark room ard l viii show You
I I told 7
20, and he caught ho'd OF me, took me I'D
and started TO carry me Ii the room. l
caught hold OF the counter and ne pulled nv
hands loose. BE then carried me further, ard
as be got me 10 the door or tie dark room, l
caught hold Of tbs oil tank that is near the
door. He pulled my hand loose and car.
red me through the door into the room ard
tried 10 make me lie on The floor. 1 refused
10 do so. and still tried TO throw nze down
would not let q m do so and told him If ne
did not turn loose and open the dool. I
= Ould holler and tell mama and para.
then jerked and ne turned me IooEe and
went and opened the door. When he opened
the door ard / went out papa was on the out
side.
Mrs. Smith, the mother, testifes.
That after heard what had been done to
my daughter, / went TO the hotel where the
defendant was at dinrer and sent In TO teII
him that wanted 10 see him. l waited till
ne came out l had a talk With him, and he
did not deny anything ! charged him with.
but asked me not TO talk too loud as he did
not want his name to get out Some young
y hite men saw hi N talking to me and called
him IN the hotel then went back home and
examined the girl more carefully, After
hearing her full statement, I waited until
5ew nim going from his dinner 10 the sto g
went out and called him and told him all
that the girl had told me. He said that
what the girl told NJ was true ar that as
she was not hurt IN any way, he would give
me something If would quash the matter.
told him did not want any OF his money,
and would ger satisfactin. He then turned
away from me and said could do as 1 chose,
Mr., Smith, the girls father, testified as fol-
lows:
1 am shoe maker. ! wanted to get some
shoe tscks and went down TO BurcEu eyer-s
store TO buy some. When ! got there found
the doors closed. l went to the door and took
hold OF the knob and shook II. but found II
was locked. then stepped to the window
and saw the clerk in the back room holding
some one by the arm. l GOULD not see who
II was. stepped 10 the sidewalk and waited
till the door was opened AS soon as il was
opened my daughter came out. Sae told me
that the defendant, Heirs, had locked her in
there then made for the door but Heirs
slammed the door in my face and locked
himself in
Aboveis the testimony taken before Magis-
lstrate Rodgers at the examination held on
Thursday the 9Th OF sept, 1900, and upon
which he was asked TO bind defendant over
for trial. He refused TO do so and DISCHARGED