Evening star., 1900-09-29
HELD TO GRAND JURY
Men Charged With Assaulting Lucy
Hart Have Hearing.
GIRL And HER MOTHER TESTIFY
Magistrate Could Not Accept
Bonds Of Defendants.
HABEAS CORPUS FOR THEM

Special Dispatch to The Evening Star.
UPPER MARLBORO, Nd, September
2g-Sherif Edward T. Shea, William Todd
Fox Herbert Boteer. William Shea and
Leo Smith charged with having committed
q fciunious assault on Miss Lucy Hart near
BrliSviIle last Sunday afternoon, arrived
here this morning and went to the court
house. where they were given preliminary
hearing ON the same train with them
came Miss Hart, who was accompanied by
her parents, sister and lady friend.
Because Of the prominence of the young
men the case has attracted considerable
attention throughout the county. and many
pea pie were in court when the case was
called before Magistrate Sears. Charles H.
Stanley of Laurel appeared for the defend
ants while States Attorney Levin repre-
scented the prosecution.
Girls Mother Testifies.
Mrs. Annie Hart, mother of the prosecut-
ing witness. was sworn. She said she is
ffty-tiye years old and IS a native Of Ire
land. Last Sunday afternoon she said she
sent her daughter 10 the house of Mrs.
Iinthicum with some flour. About o'clock
Lucy came home with her two little nieces
Annie and Effie Cunningham. Lucy was
crying and screaming. said witness. Her
hair was all dragged down and her clothes
Were aut Of place
What did she say?" asked the states
attorney.
She told me her story. and a pitiful one
il was.
Witness said the childs physical condi-
tiea was such as to indicate that she had
been the victim Of a felonious assault
rs Lucy as bright a child as Your other
chiIdren?'
Il object" said Mr. Stanley. What is
the object in asking this question? Does
the state intend to show that she is an i'm
beetle or that she Is insane?''
1he state has not yet decided to put in
such a count
Counsel for the defense objected TO a re-
cital OF the story related 10 her by her
daughter and the magistrate declined to
admit II. Witness had seen all the de-
PENDANTS number of times On cross-ex-
animation witness said that her daughter
passed the house of Roger Smith on her
way home Sunday. Lucy was at the barn
on her way to the house. when the witness
first heard her screaming The girl came
home by way of the back road on hpr
way 10 the house from the barn witness
said. Lucy was crying and telling her pitt
full story.
Girl Tells Her Story.
Lucy Hart, who said she was sixteen
years old in April. told her story of the
alleged assault. Sunday afternoon she said
she took some flour from home and started
road she met boy and when he took the
flour for her she started back home. She
stopped 10 pick chinquapins and while
there she saw all the defendants. whom
she pointed out and called by name
hey told mo to come in the bushes and
SAID they would kin me if / did not come :
sdld the girl They then dragged me in
lhe bushes, and when ! screamed they put
Ihrlr hands over my mouth Defendant
Fox. she said, first assaulted her While he
hpr 9TH
troubling her. Edward Shea she said next
assaulted her, and they We're followed by
william Shea, Boteler and Leo Smith She
was threatened with DEATH she said if she
t9td or What had occurred. Before leaving
sht. SAID, Fox said goodbye 10 her. and
morning.
"or cross-examination witness said she
"as Irving When she met her mother hut
she did not tell her what happened until
n" reached the house. After she was as
Sdulted she remained lying in the woods
about half an hour She had seen Fox Of
church and the others she had met on tie
road Last Sunday was the first time she
nhd gone from home without her mother
Niuiess SAID she was assaulted about 200
yards from the house of Mr.. Smith She
measured the distance last Monday Chin
quapln bushes hide the place from view Of
sHe SmIth mouse. Lucy said that nobody
haa 1oid her what to say in court The as
sauit, she said. was committed about 3
. clock. She was away from home about
one hnnr Her nieces were there when she
met the defendants, but they were a short
Instance away when she was assaulted
She explained that her mother would not
let her go away from home alone Iucy
SAID she had talked TO nobody other than
her parents about the case, and afterward
she said she had told States Attorney
Levin OF the affair
Still Suffering From Assault.
v hen asked for an explanation the wit
ness said she was still sore and felt unwell
and the state announced that it's case was
closed. Mr.. Levin contended that the case
had been made out and asked that the de-
PENDANTS be held trial and that they be
committed without bail. Mr.. Stanley claim
ed that the testimony justified no such ac-
ton on part of the magistrate and said that
the evidence was conflicting In the event
81 the court holding his clients he said they
We're ready. 10 give bond in any amount
" nen they were here Thursday they prom
iSrd to return and they had kept their
promises
Mr.. Levin contended that under the law
the magistrate could not accept bail in the
case. Magistrate Sears said that he would
nave to mold the defendants for the action
OF the grand jury. The matter of bail. he
said. was not within his Jurisdiction. he
was sorry to say. If he could do so he
would accept bonds.
IL said that the question of bond could