The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1911-02-09
Indictment BY Special Grand
Jury Contains Two
Counts.
FULL TEXT OF CHARGE
Captain Arnold and Others
Go to State Prison
for Him.

noon by the special grand jury
against William Furnish, a negro,
charging him with criminal assault
on Flora Anglin, aged 40 years,
a white person, On the farm of her
father about three miles from this
place Saturday night, December "a,
arising from which the negro was
pursued and captured at an early
hour the following morning, placed
in jail here, arraigned for a prelim-
mary hearing Tuesday afternoon,
December "a, held for court, and
rescued from mob at the station
here that night by the Weston and
clarksburg companies OF the state
militia ordered out by the governor,
taken to Clarksburg and jailed for
the night and taken to the pen
ttentiary at Moundsville the next
morning for safety.
There are two counts in the in
dictment. One charges assault with
intent to kill and the other assault
with intent to commit rape.
Judge Charles w. Lynch, OF
Clarksburg. charged the jury shortly
after the special term opened this
morning at 10 O'Clock in the pres
ence OF a good sized crowd. He dis
cussed at length the crime charged
against Kurdish.
Miss Anglin and two or three
phys cans were among those before
the grand jury as witnesses.
Judge Lynch's charge in full is as
follows:
Gentlemen OF the grand jury, you
are convened in special session to
investigate serious accusation
against a resident of this county for
an otfense upon the person of an
other resident of the county.
The crime alleged to have been
committed is that of rape. Rape
may be generally defined as the "un-
LAWFUL carnal knowledge OF a wo-
man by man, with force and
against her will or consent .
Force on the part of the man, and
want of consent on the part of the
woman, If she be fourteen years OF
age or more, are in a sense essential
elements of the crime
Isett!on Is, Chapter IA of the
Code, SO far as applicable to the
present inquiry. provides that if
any person carnally know a female
OF the age of fourteen years or
more, against her will by force, he
shall be punished with death or by
confinement in the penitentiary as
follows: II the jury, upon the trial
Of an Indictment under this section,
return a verdict of guilty merely,
the accused shall be punished with
death, hut If the jury add to such
verdict that the accused person be
punished by confinement in the pen
item airy, he shall he confined in the
penltensary not less than I nor more
than 20 years"
From the severity OF this statu-
tory provision it is evident the leg
islsture deemed this offense of such
serious consequence as to merit the
severeat punishment, although il
wisely permitted the trial jury to
determine from the evidence before
them whether the accused should
forfeit. his life, or his liberty only
TOR limited period.
One OF the chief purposes fol
which governments are organized i:
the protection thus afforded to the
person of its individual subjects
Those who framed the federal con.
sitution, in the preamble thereto
declared that among the rights to be
secured and maintained were those
in large measure, pertaining to
the person of its subjects. These
We're, to establish justice. insure do.
mestic tranquility, promote the gen
eral welfare and secure the bless.
Tags Of liberty to themselves ant
their posterity.
The same purpose is apparent Ii
the first section Of the Bill Of Rights
Article 3, of our State Constitution
wherein 1t is declared thar all mer
are by nature equal, free and inde.
pendent and have certain lnheren,
rights of VIII ch, when they enter
into a state OF society, they cannot
~ any compact. deprive or dives
their posterity, namely. the enjoy
ment of life and liberty, with the
means OF acquiring and POSSESSING
property and of pursuing and oh
tanning happiness and safety" i
declares that government is inst
tuted for the common benefit, pro
lection and security OF The people
nation or community. or all 1t.
y,atfnuei Fo,.,,s tI,.+ 4, 49, n.-.L -. 1,