The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1909-06-24
CHIEF DARBY NOT GUILTY.
Jury Exonel ates Police Officer Of
Grave Criminal Charge.

|
Lexington, June 1S.-1t took just
so minutes or the jury to return a
verdict O. not guilty in the case Of
Chief of Police John G.. Darby, OF
| Batesburg, charged with attempted
criminal assault.
The case was begun day before
yesterday and a number of witnesses
were examined. The arguments OF
counsel were made yesterday after
noon and this morning the case was
given to the jury with the result just
stated.
Mr.. Darby was charged with hav-
ing committed an assault with intent
to ravish upon a widow, boarding
house keeper and dressmaker, in the
town of Batesburg, on the night of
February L, this year. More than
100 witnesses were sumomned in the
case, and besides these witnesses
many people from Batesburg were in
attendance, including a number of
ladies, and three ministers of the
gospel.
The prosecutrix was the first wit
ness. Her story of the alleged as
sault is in substance as follows: On
the evening Of February Z, in COM
pany with her son, she walked down
Railroad street from her residence
toward the power house; that when
she came to a certain point she
noticed the form of man hiding in
the shadow of a large oak; when she
arrived within a few feet of the man,
she asked who it was and he replied
that it was policeman Darby" and
almost at the same moment he grab
bed her around the waist and neck,
exclaiming: Il have got you at last. "
She claims that she was dragged for
Is or 20 steps, and that the defend
ant did not turn her loose until the
arrival Of her son, who was but a
short distance away, and who had
been attracted by her screams. Dar-
by warned the two mot to betray
him." she said. The witness was
put through a grilling cross-examina-
ton by the Hon. c. NJ. Efird, leading
counsel for the defense, but she
stuck to her story in the main, al
though it varied somewhat from
what she had sworn to at the pre-
liminary a week ago.
The defense contended thai it is a
case growing out of the arrest Of the
woman's son, along with two other
young men, for breaking into the
store of Mr.. Al. E. Rutland, at Bates
burg. In support of this contention
they assert that, although the as
sault is alleged to have been COM
mitted on the 7th of February, the
warrant was not issued until the
29th of May, more than three months
afterwards. The woman gives as her
reason for not having the warrant is
sued earlier, that she was advised by
her attorney to withhold the war
rant.
The first witness yesterday was the
son of the woman in the case. He
corroborated the statement of his
mother. There were two other wit
nesses for the State.
The defendant denied every allega-
ton of the prosecution. He denied
having seen her on the night in ques-
tion. He stated that he had never
touched the woman in his life. He
stated that he was attending services
at the Baptist church on Sunday
evening, the 7th of February, at the
time the alleged assault is said to
have been made. The Rev. w. T.
Hundley and the Rev. S. o. Cantey
were put on the stand, and both tes-
tilted that Mr.. Darby was in the
church from 1880 until the services
were concluded.