Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-09-01
NOTICE OF APPEAL GIVEN
Neighbor Gives $500 Bond and
Physician Is Released.
SUM UP THE CASE
Prosecutor Mackey Says That Crime
Charged Is a Killing offense
Under the Unwritten Law.

! Mackey, acting as one of the prosecutors
of DR.. A. Sydney Tebbs, whose trial at
Forestville, Fairfax county. Va, for al
legged assaults upon Mrs. Mary Louisa
Haskell and two young daughters was
closed late yesterday afternoon.
| DR.. Tebbs was found guilty of the three
charges. ind fines aggregating 500 were
imposed. Attorneys Oliver and Mccain
dish, representing the convicted man,
promptly gave notice of appeal and fur
nished bond in the sum of 5000 for the
appearance of their client at the Septem-
Der term of the circuit court. G. c.
| Walker a neighbor Of DR.. Tebbs. quail
fed as surety.
The conclusion reached by Magistrates
John T. Follin and f. w. Anderson, who
| any demonstration OF approval or disap-
| prevail At no time during the hearing OF
| the case was excitement shown by the
| residents of ForestvilIe and vicinity. The
| only incidents that caused any Interrupt
| ton to the proceeding were the appear
| auce of an intoxicated man and friendly
horsewhipping contest engaged in by two
young men.
nounced one of the chief witnesses for
| the defendant. 1t was as much as PO-
liceman Reid could do to pacify him with
out locking him up.
Closing Arguments.
But little testimony was heard yester-
day afternoon after recess. Arguments
| in the case were limited to forty minutes
on either side. Acting Commonwealth's At
torney Rust opened the argument for the
| state, and satisfied himself with a brief
| address outlining. the testimony, and
| claiming a convictions. He concluded with
a deEaand that the defendant he given
| the limit of the law, and asked that the
standing of the defendant be not consid-
cred by the magistrates in imposing pen
| atty. ........-..
The opening statement for the defendant
was made by Attorney Oliver. He at
tackled the warrants that had been issued
against his client and said they charger
practically no Offense Of which the court
| could take cognizance.
| In the warrants alleging offenses against
| the two small children of Mrs Haskell, he
argued. the Offense OF assault was al
legged. while the proof was that there had
! been a battery committed. He read from
| the warrants showing they alleged assault
| with criminal intent upon girls under the
| age Of fourteen years, under promise of
| gifts Of. jewelry and other things, and
| argued that no testimony had been Of
fered to prove that any promise Of such
| gifts had been made
Under the circumstances" he argued,
lit was not necessary for us to put on any
proof. DR.. Tebbs did not want such
charges to go uncontradicted. Therefore
he entered denial
He reminded the magistrates that the
defendant was entitled to any reasonable
doubt they might have, and said he could
not see that anything but an acquittal
could result.
The case. he said. was remarkable in
many respects The father Of the chill
dren, Cyrus Haskell, had sworn out the
warrants and had then not appeared in
court at the prosecution of the defendant.
1oaI. l. H. 1911
that Mrs. Haskell, stranger in Virginia,
had appeared In court and told what he
| thought was rather remarkable story.
Attorney McCandish. his associate, read
| ferred against DR.. Tebbs. which was that
he took hold of her arm and used per-
suasive power There was more charged
in the warrant he argued. than had been
charge was trumpet up for the purpose Of
blackmail or to malign the character of
| the defendant.
1t was charged that the sanctity of the
home had been invaded. And yet, he
argued. the father. who should have had
the matter at heart, remained away from
the trial. There Is something strange
about his absence. counsel stated. which
invites more than passing attention.
He also called attention to the warrants
alleging assaults upon the children. and
moved the dismissal of all of them
arguing that there had been so many con-
IfaulctlO0S tndt the OeI6n Qdnt SnOulQ De
given the benefit of them.
Mackey Pleads for Conviction.
Attorney Mackey prefaced his remarks
to the court with reference to the remarks
made by Attorney Oliver.
your county has been brought into dis
grace he said, land will be even more
disgraced If you fail to hold Dr. Tebbs for
his misconduct.
Mackey spoke of the four girls of Mrs
Haskell and referred to them as babies.
He explained the failure of Mrs. Haskell
to rush out and make an cutlery as soon
as she learned of what lad happened to
her children by repeating what Mrs. Has
kell had said-that she was afraid her
husband or son would be angered and
would kill the doctor and cause more
Mrs. Haskell knew Of what she was talk
ing.
Neither Haskell nor his son. Mackey
argued, could have been in court and
stood the strain of hearing what was
stated by the children. Reference was
made to the testimony of the young chill
dren, Mackey taking occasion to remark
that theirs was the best testimony
court could hear, citing several such cases |
in which convictions were obtained upon
like testimony-the kind OF a story. he
said, that causes men to leave their |
homes with guns to wreak vengeance.
Coming down to the question of reason |
able doubt. counsel argued that reason |
able doubt, as meant by the law. is such
as would cause man to act In his own |
important affair. This was painful and
important affair to the parents of the
children. 4nd only a good wife and moth |
er would have the thoughtfulness that
was shown by Mrs. Haskell.
The children, he said. did not complain
to their mother until they heard the col
ored servant tell what DR.. Tebbs had
said to her. Their failure to do SO was
merely because their youth did not give
them the understanding Of the serious
ness Of the acts of the defendant.
oRense Deserving Death.
ITS killing offense anywhere" de-
clared Mackey. THAT is your unwritten
law"
Mackey said he thought the good peo-
pie of Fairfax county should erect a
monument of everlasting gratitude to
Mrs. Haskell and her family Their
action he said, would serve as a warning
to the people Of the county to be careful
OF their own homes. 1t should make
them draw near their fireside and close
In the family circle against Dr. Tebbs
In conclusion, he argued for a conyic-
ton, and said the magistrates should i'm
pose a severe penalty, no matter how
painful their duty would BE-.
Mackey assisted the magistrates in the
matter of accepting the appeal bond and
| iii a roc0rd tn ho tron