The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-11-21
ONE BROTHER GUILTY
Another is Now on Trial, Also
for Seduction.
The Case of the Second Man Goes TO the Jury
Tc-dal Sensational Evidence
Given.
Especial to the News and observer.)

Especial to the News and Observer
Rutherfordton, N c., Nov. 20.-The
case of John McMahan. son. of Rev.
Alfred McMahan. charged with the Sc
duction of Daisy Macarthur, aged Is,
which has consumed three days in the
criminal court, went to the jury at 10
O'Clock this morning, and at 3 o'clock
this afternoon the jury returned a Ver-
dict of guilty. Sentence will not be
pronounced until tomorrow morning. The
limit for this crime is five years in the
penitentiary, but it is believed that the
full sentence will not be imposed One
of the jury said that on the first ballot,
five were in favor of acquittal, but
finally yielded after five hours argu-
ment. Immediately after the jury took
the case of John McMahan, his brother,
Lester McMahan, was arraigned for the
seduction of Miss Florence Macarthur,
26 years old, a sister of Daisy.
Florence who was close to her fathers
side, was the first witness called. She
said McMahan first paid her attention
about three years ago. He made love
to me and l trusted him." she said. 81
loved him learly, and believed him when
he so often told me the same story"
'Did he promise to carry you before or
after you committed the wrong?" asked
the defence.
Before and after. too"
did you tell your sister Daisy you
Were engaged and were to be married
Christmas to McMahan?'
Eyes, sir; that was the date set for
our marriage"
lis he the father of your child?"
Eyes, sir
did you offer to compromise with
McMahan if he would pay you a large
sum of money!"
"No, l did not, nothing of that
kind was mentioned. McMahan
told me he knew was vir-
tuous woman and as good as any wo-
man that ever lived. He said he loved
he more and more each day and would
marry me till the last"
The witness was cool and self-con-
trolled and was not confused by the at
torneys at any time. About dozen
of the best citizens in the county swore
to the girls excellent character.
Bynum Hamerick, who had been en-
ployed by Miss Florence's father, was
put on the stand His testimony was
very harmful to the prosecution. he tes-
tilted he had on several occasions per-
suaded Miss Macarthur to commit wrong.
"Why did you refuse to come here as
witness and why did you have to be
arrested and brought here?" he was
asked by the defense.
because did not not want to testify
against the lady"
''Why DO you hesitate to answer my
questions?" asked the prosecuting attor-
ney. It was necessary that Judge HoKe
and the defense demand that he an
swer this question.
81 told no one about the matter, not
even my closest friends" said Hamerick-
Glow came you here them" asked the
attorney"
After some hesitation he admitted he
had. within the last few days told one
or two people and the attorneys for the
defense.
John Cole swore he had seen Miss Nc
Arthur out driving with young men sit
ting in their laps, and had heard of her
playing cards and drinking Lindsay
Hodge testified in a similar strain.
Mrs. Godford. who was a close friend
to the Macarthur girls, said on the stand
that Florence had come to her for ad-
vice. saving, 'Do you think Lester Would
marry me if l were to do wrong? He
told me he had to know 1 was a virtuous
woman before he would marry me- 1
told her no. he would not marry her, and
for her not to listen or to consent to any
thing of the kind. She then sat down
ard cried like a baby
;of In ba n testimony
of Hamerick is divided. Some think 1t
is a put up job, while others believe his
story. The case will go to the jury to-
morrow about noon. Five speeches We're
concluded tonight.