Evening journal., 1909-01-12
SURRICK CASE
GOES TO JURY
Man is Charged With Having
Attacked Child in the
Park

The jury in the case Of Frederick
Surrick retired at noon to-day. and
when it Lad failed to report at 1 O'Clock
recess was taken until go o'clock.
Surrick. who lives at 1921 Lowering
avenue. has been ON trial in the Court
Of General Sessions since yesterday
afternoon charged with attacking Anna
Cummings. aged 12. of 1907 Lincoln
avenue.( It is Charged that Surrick
attacked the girl on the south walk OF
Brandywine creek park on the morh-
ing Of November II last. while the
girl was on her way TO school.
The first witness called this MORN
ing was Miss Edith J.. Cochran, a
nurse. who was in the vicinity of tho
alleged assault Her testimony was
uninuortant
William Nugont. who lives in tho
vicinity Of Eighteenth and Washing
ton streets. and who was going toward
the scene OF attack about the time IL
is said 70 have occurred. testified that
he saw a man running away from the
bridge toward tho B. and o.. railroad
tracks. He said the man was not
Surrick whom he had known for FIVE
years.
Chief Of Police Rlack was the last
witness for the defense. An attempt
to draw from hirn the alleged state.
ment by the girl tnat she had said she
could not identity Surrick as her an,
sailant precipitatsd argument which
resulted i'm the chief OF police beins
prevented from testifying on that line.
The defense then closed
Evidently regarding the testimony of
Nugent as the most important of the
defense. the state called two witnesses
Park Policeman James Elliott and
Ernest Burke. in rebuttal in an effort
TO show that Nugent had bad reputa'
ton. Policeman Elliott testified that
/ the reputation of Nugent for truth ano
veracitv was bad Ernest Burke tcsti-
fed to the same effect. but on cross
examination his statement was stricken
out
Argument before the jury then fol-
lowed
Judge Grubb later charged the jury
The first witness when the case opene'
yesterday afternoon. ayas. Anna Cum
uings. She tostincd that on the morninI
OF November II last, while on the wa
to school she noticed, while approaching
tho bridge that spans BrandyWlne cree
along the park driveway that she was be
ing followed. The girl declared that whei
she hastenod her steps the man did like
wise. until she had gotten almost beneat
the bridge span across the path. Then In
man got ahead Of her. She was in hurr
TO get TO school, she said, and fearing Z
be beneath the span with thc>mau, she ra
past him Then he caught hold Of he
she testified. putting his hand over he
mouth. She said she screamed twice. tn
man then letting so Of her and runnin
back the way they had come.
In direct examination the girl asserte
she had seen the face Of the man. and wa
thus later enabled TO positively identif
him. on cross-examination by Attorne
Wiiuam G. Jones, Jr.. for the defense sh
said that at no time had she gotten 600
look at his face.
4 Especial stress was laid by the deput
attorney general on alleged suspicious az
tions of Surrick two days after the attac
on the girl. According to her testimon
, and that of her father. who follwed he
on the stand they found surrick at wor
: pilng bricks in the park and that whe
the girl tried TO get a look at bis face j
avoided her gaze; hence. she said, she ha
been unable 10 identify him positivel
until later that day Under cross-examii
alton she admitted that on Thursday nigl
\ she had said she Wouldn't positively idel
tfy' Surrick.
Edward r. Mack, park superintendent
was the next witness. Ills testimony co
roborated that Of the girl as to Surricl,
e suspicious actions.
Policeman Ley was put on the stand I
a the State to show that surrick, on q
4 night following the attack, seemed TO
2 trying to avoid the police, but after lor
4 argument. this line OF testimony was n
; allowed. He then told OF arresting su
= rick.
: Surriek Denies Charge.
The State having rested its case, A
torney Jones made his opening argumer
:. declaring he would prove a complete ali
= Tor the defendant.
Z Surrick. the first witness in his own b
=, half, asserted that on the morning Of n
\, attack he did not get out Of bed nm
y. about 1l.50 O'Clock. although several me,
m bers Of the household had repeatedly, =.
"A ed him. lie caused litter when be stst
4, that he often went 10 bed al II or 10
NJ night and slept until o'clocl, tho ro
evening. The litter was general when
v added that he would then 20 TO bed asa
j. nve or six hours afterward and sleon q
other lengthy shift
surrick testified that he silent ON q
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