The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1911-02-06

WESTON, W. va, FEB. 6-An in
diotment was returned this after
noon by the special grand iur,
against William, Furnish, a negro
charging him with criminal assault
on Flora 'AngIin, aged 40 years
a white person, oh the farm OF he,
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 prelim.
mary hearing Tuesday afternoon,
December a held for court, and
rescued from a mob al the station
here that night 10y the Weston and
tclarksburg companies Of the state
militia ordered out by the governor.
taken to clarksbusg and jailed for
the night and taken 10 the PEN
ttentiary at MoundsvllIe 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 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 u.s. wftnesses.
Captain Jack Arnold and two or
three of his men from Company A,
state militia. have gone to Mounds
vile TO bring Kurdish back. They
are expected to arrive with him to-
morrow night or the next day.
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 offense 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 a man, with force and
against her will or consent. J"
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.
Section 10, Chapter 144 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 verdict of guilty merely,
the accused shall be punished with
death, but if the jury add to such
verdict that the accused person be
punished by confinement in the pen
itent!ary. he shall be confined in the
penitentiary not less than Z nor more
than 20 years"
From the severity of this statu-
tory provision it is evident the leg.
islature deemed this offense of such
serious consequence as to merit the
severest punishment, although 1t
wisely permitted the trial jury to
determine from the evidence before
them whether the accused should
forfeit his life, or his liberty only,
! for a limited period.
One of the chief purposes for
which governments are organized is
the protection thus Afforded to the
person of its individual subjects.
Those who framed the federal con-
stitution, 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
were, to establish justice, insure do
nestle tranquility, promote the gem
erai welfare and secure the bless
ings OF liberty to themselves and
their posterity.
The same purpose IS apparent in
the first section Of the Bill OF Rights,
tcontlnued On rgge j