The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-01-11
|AU|.S':'1'INn..[.O|8....R|:|.A|||N||.G|B:'''I.
F0.RHR \. } ] |.
Negro Fotii1d Guilty Of Assault ls}s 7;
Upon Co1ored
VI Child. 3ls3 3
.AcCUs SEQ FORMER CONVICT I(,T1T
tSMa axes a Bad Witness forNIdit1i-
Eself-Evidences Against Film
nj Overwhelming.

Us Ed Austin (colorad) was found guilty,
Sit, tho Circuit Court OF Henrico yester-
& day ofa5the charge OF criminal assault
Is upon q iline-year- old girl. Lille Ross. Of
his own color. The Jury returned after
4 being out an hour bringing IN; The YER
d dict Of guilty and fixing his punishment
n at death. q NJ A; 8fS 55 sj5 . 5ff5
There was ,quitcYa large crowd I'm the
Il court I, room yesterday morning when
II Judge Scott called the court to order.
u Austin, accompanied by a deputy. was
sjjlshered into tho court room and took his
II seat behind the bar with his counsel. Hi
d The first witness called was thoivictiinT
& 81 the crime. Her story wac q. straight-
forward one.ss She \ told Of having been
n taken to the street car station ut Falri
Il Oaks. to await tho arrival of her grand
u mo Their, who was in Richmond, and how
N one car passed and of tho old wolnan's
failure to appear. She 4 said that they
started back to tho Austin house, and
while going through a field covered with
y growth, she was "a tackled BY Austin.
55s The next witness called was y. IA ".
y Dorson, who lives at Fair 81 Oaks. I1e,
4 stated to i the court that on the night
of October 20 the he was Isl ting in his
4 home and " heard the childs cries, and
1 opening the window saw Austin's wife;
\ 80 out of her house and the girl going,
q across tho field It was Just about dark.
sgg9ia DR.. q. T.. Collins, Of III ghland Springs,
was the next witness. and he testified
&ap ito the girls physical condition. five
U days IN al ter I he assault t, at VIII CHI time lie
u was called In to examine the child. His eyi-j
83dence was exc eedingly strong against the!
accused. u n N st t5 XII
Tho he gro s wife was the next to- 81
3on the stand. y and she tried hard j to help
4 her husband but tho witnesses that fol =!
Jlowed con trad ictcd llcr Statements b.
u Mr.. Grad dock. who next testified, told
u 81 II how Austin s ~ wife had told him Of
\ going to the scene OF the crime and being!
attacked by her HIS band. FS Jane Brown,
told the court that 4 Austin threatened
ito Kill her IL sho told on him N ellie
Webb also gave some testimony, which,
was dan1ag ing .tt e $5 ;s3$ 5i{
Made a Poor Witness. @
The prisoner was put on the stand, and
y when cross examined by Commonwealth
Il Al torney sWendenburg Il he became excited
q and his evidence was Mt times conflict
Ing and damaging TO hins elf VI }
8 Charles Kerney testified n as having
known the. negro when he worked on his
fathers farm. During the time Austin
II was On the stand hi denied emp tically
that ie8 committed tho crime, but 2tes- x
Titled that he #lla d served a term In the,
&Norht Carolina State penltentiary.
1.-The evidence was concluded a + ESQ,
u ywhenIt the court adjourned for dinner,,S5,r'he
4 session was resumed at; ii clock. Ii si3s
585sSs The argument was opened by Commor,-
K wealth s-A Attorney yYendenburg. Tho de-8
y fence was represented by Messrs. s. 9 I'd y
" " wa y Fuller and Joseph TIE lor, who had
been appointed by the court to represent 1
1.-THE prl soner. N ii c " s5
The +, arr umentf for Z! the II d efence. was,
Ropened by Mr.. Fuller. who made tho
n most Of his evidence, and as far as pos
i aible5 made several good points. He was
S followed I BY MI. Ia lor. who made q
4 strong plea for the prisoner. Mr,iNVe an
Sdenbnrg closed he rgument with a few.
words in which he Impressed the jury
,witf}fthe facts In the case and put tho
matter! clearly befoQe I'll en-: IA .la at2
eatensd ,to. Escape
AZ. * ,tEis AZ. rat red "A n the room