The Savannah morning news., 1900-10-11
HELD ron ~ ASSAULT.
Decision of Magistrate Hevans In
Case of u. T.. Jones.

Decision of Magistrate Hevans In
Case of u. l.. Jones.
Benjamin L. Jones. arrested Monday for
a criminal assault upon Evelyn Powell. al
legged 20 have been committed SUNDAY
morning AZ Jasper Springs. was given
preliminary hearing yesterday afternoon
IN the office Of Magistrate q r. Beyaus
ana was reminded TO Jail on charge Of
assault
The hearing lasted about two hours and
half ana was listened 70 by throng
that the court room could not c.3mmo-
date, many Of the spectators standing out
side on the sidewalk and IN the iane and
hearing only such snatches 81 the festl-
mony as could be caught from time 60
time
the plaintiff was represented hy Mr. IS
~ Wade, and the defense by Mr. Raiford
Failigant The FIRST witness was Dr. NJ
g. Duncan. He testified substantially that
Re had been visited Monday about noon
by the child aud her parents and al their
request had made an examination but
mat such evidence as he had would not
warrant him IN saying either that an a.
sault had been made or thar 10 had not
Mr.. 4. u. Powell the girls father. was
then put on the stand ana told how the
eirl. after his threat TO have hs~ taken
% a doctor, had told him OF the affeir
he seemed much affected by the position
tn which his daughter had been placed
and Wept during the recital OF thc story.
Mrs, Powell followed and corronora ed
her husbands story.
The mother also wept during her recital
and 80 did Evelyn herself who was ~.
next witness. She said that she had gone
INTO the room where Jones was. Tor the
purpose Of getting drink OF water. and
thai Jones had offered her beer and az
forwards wine, both OF which she had re-
fused. She was iu the room some time. she
said. during which Jones had solicited hsr
ana that De had not used force until she
had attempted 10 leave. She said that
she had begged. cried and even fought him
20 save herself from the disgrace. but
without avail Upon question as o.
whether she had made any outcry Tor
help she admitted thar she had not. aud
stated as her reason. that though there
had been two boys one white and one
colored. around tho house al the time
she entered ihe room she did not know
that they We're still there
Jones made statement 20 the court
lie said that ON The morning In question
Evelyn, giil friend and quite q small
child. had come 60 the jasper Springs
clubhouse. where ne was staying and
whore the alleged assault had been com
mitted and that they had spent some
time there Evelyns friend and the small
er child went home and Evelyn saw them
20 the gate and then came back To the
house for "a drink of water lie wa sit-
ting iu a room reading ne says ana the
girl came into the room and stayed some
fifteen minutes chatting and then left
Later he had been told by the negro boy
Arthur Bcariield that The girls mother
bad come for her aud that they had gone
OF togcthcr.
Bearnel1 who was then put on tTe
stand, said that he had been at the house
while the girl was ~ the room and that
he had neither seen nor heard anything
suspicious Williams testified 20 pfacts-
eally the same thing.
On his argument Mr. Falligaut laid
ecial emphasir on the testimony Of Dr.
Duncan. Further he gave as his theory
of thc origin nf the girls etofy the fact
that she had stayed "a the. springs 50 long
that she feared punishment at the hands
Of her mother and that she had trumpei
up the story Of being detained by Jones
In order TO account for her long stay He
also emphasized the face that q was not
until the day after the alleged commission
Of the crime that tho girl had told her
parents OF il and had then under threats
told them only part OF the story tnat
had been drawn from her on the stand. by
what he repeatedly called leading questions
on the part Of the attorney for the prose
cution Mr. Wade asked that the prisoner
BE- turned over on tine charge o. attempted
aaaauff