Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-08-20
VILE ASSAULT UPON A
GIRL SIX YEARS OF AGE
BY A MAN HALF A CENTURY OLD.
HE Is FINED BIT FIVE DOL
LARS. OWING TO DEFECT
I'VE STATUTE.
WILLIAM BAYLESS GUILTY.
The story as Told in Judge Fits
patrick's Court, So Far Fit
for PubIicatiou-There Is No stat
ute In West Virginia Against In
decent Assault.

/ In the Jail lobby at half,past two
o'clock yesterday afternoon William
Bayless, of the apparent age of half
century, was arraignea before Justice
NJ. J. Fitzpatrick. to answer to the fol-
| lowing charge set forth in the warrant
| for his arrest, to-wit;
William Bayless. feloniously and I'M
| lawfully did carnaly know and abuse
| Nellie Mckinney, an infant under the
| age of twelve years, against the pe7ee
and dignity of the State Of West Vir-
ginia."
| The warrant had been issued on the
| application of Mrs. Rose Herman, OF
| No. ll5 Thirty-thlrd street, in this city,
and the defendant had been arrested
| by Offieer Arthur Speidel last night and
placed in the county Jail.
Present in the cour, as witnesses and
| interested parties for the prosecution
| were: Mr.. and Mrs. Charles McKin-
ney and their little daughter Nellie.
| less than six years Of age, Mrs. Rose
Herman, the complaining witness, and
her daughter Hazel, a child of about
six years OF age; Mrs. Mckinney's
brother, Constable Speidel, J. b. Hand
Ian, counsel for the defendant; States
J Attorney Nesbitt, and Attorney Harry
| Schuck, representing the State. There
were several men present, perhaps
| thirty altogether, but no ladies, other
| than those mentioned.
! DR.. L. b. Plant. as stated by the
State and court, had made physical
examination OF the child, Nellie Nc
| Kinney, but had found no evidence oil
the attempt or accomplishment OF the
assault
The doctor was not called to TESTIFY
in the case, being engaged upon another
regular and prolonged case. When seea
afterwards by a representative OF the
Register he confirmed the statement OF
the court.
The assaulted child, Nellie McKin-
ney, was the first witness called. she
was delicate child OF tender age,
being six years at her next birthday n
September. She Identified the defend
ant as the one who had assaulted hei;
told where she lived, on Locust street.
Was visiting with her mama at Mrs.
Herman's on Thirty-third street, and
said she first saw Bayless, the defend
ant. that day when he came into the
cellar where me and Hazel were play
ing, and sat down.
She then told in her childish way how
the defendant, Bayless, had taken her
on his lap; how he had acted with
reference to her person. She told of
an infamous thing that he asked her
to do. She told how she and the other
child had been placed on lounge TO-
gether by Bayless; how Mrs Herman
had come down into cellar when
he had her ON his lap-whieh was after
the lounge incident" she said-and had
asked him what he was doing.
The story told by the child detailed
such revolving acts by the defendant
that it would be a violation OF public
decency to publish it. 1t was told with
childish simplicity and hesitancy.
Hazel Herman, the other child, yeri-
fed little Nellie's testimony in many
points, but was not as convincing a
witness as was Nellie.
These children both told how Mrs.
Herman and Mrs. Mckinney had beaten
defendant with a board; how George
| Herman had come in and knocked him
down under the steps with his fist and
chased him away" This testimony
was verified by that Of the two mothers
Attorney j. b. Handlan, for the de-
Tense, then objected to the taking Of
further testimony, and moved the pris-
oner's discharge, but the States Attor-
ney wished to hear further testimony.
Mrs Mckinney was then called and
testified that she and Mrs. Herman
were sitting In the dining room. Il
had to go out to get something; as
stepped into the cellar or summer
kitchen, saw Bayless sitting with Mel
lie on his lap. ! grabbed her off his lap.
Yes, people In the back yards could have
seen him had they been there. He
called Mrs. Herman a vile name. |
GRABBED stick and beat him. He rush
ed out just as he was.
Cross-examination-"Y seen my
child on his lap"
Il went to saloon and telephoned
for the police. 1t was between 6 and 7
o'clock in the evening. We were liz
a front room waiting for a doctor. srhe
men folks were down at the saloon
when | telephoned. Yes we had keg
OF beer that we had got to take into
the country to a picnic. This man did
not pay anything on 1t; my husband
and Mr.. Herman paid so cents each
AS we did not go, we thought We might
as well tap the beer as to let 1t waste.
Men came in and out to get some. l
| Nd0 never seen fody ltsS DrloiN.
Il picked Nellie up as soon as | had
beaten him away"
| The remainder Of the testimony re-
| ferred to details unfit for publication,
| but supported the child's statement.
The next witness was Mrs. Rose Her
! mann, of No. rs, Thirty-third street,
at whose house the assault occurred
| She testified in answer to questions.
II was at home all day yesterday.
knew defendant. No one was with him
| in the cellar except the girls and
| went down for water for the baby.
| Hazel said, here comes mama He
had Nellie on his lap" Her further
testimony confirmed the evidence CIV
| en- by the child's mother.
+! Cross-examination Yes, I knew
him (Bayless). He always made
| fuss over the children and often took
them on his lap. He came once when
my husband was away and ! ordered
| him out.
| Attorney Handlan. You have
known Billy Bayless for years in that
| ward and you know nothing else
against him and that he drinks. We're
you not mistaken when you say you
saw the child on his lap?"
ut is not possible that / was mis-
taken in what | said, or as to what |