Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-01-13

Standing on his plea of guilty entered
January ,, when he was arraigned,
Nathaniel Green. celored charged with
an accomplished felonous assault on
Mrs Adelaide +. Grant, Christmas night.
through his counsel today, declined to
take part in the trial directed by Justice
Stafford to be held I'm Criminal Court
No. /.
This is said to be the first trial in the
local Criminal Court when a prisoner
stood mute while a possibility of death
stared him in the face A verdict of
guilty by the jury would carry the
extreme penalty of thirty years impris-
onment, but the jury has the right. under
the law, to add the words with capital
punishment. which requires the court
to intiict the death penalty.
The alleged assault occurred in the
areaway of 312 G street southeast be-
tween the hours of Z and o'clock pm.
Declined to Accept Guilty Plea.
At the time OF the arraignment Jus
tice Stafford declined to accept the plea
of guilty, and set the trial for today.
Attorneys George ii. Macdonald and Ben
jamin l.. Gaskins. assigned by the court
to conduct the defense, took the position
that the court is without authority to de-
cline to accept a plea Of guilty.
AS Green had admitted his guilt. coun-
sci contend. there was no issue to submit
for determination TO jury and accord
ingly declined to participate in the trial.
which, they claim, is legally ordered.
Justice Stafford overruled the objections
of counsel to the calling of a luiy and
also to the swearing of each witness Of
fered by the prosecution. Counsel Tor
the defense declined To examine any ol
the jurors while the impaneiing was in
progress, and also refused to cross-eX-
anime any of the witnesses offered.
Only seventeen of the regular panel
Of jurors were examined before the
government announced that it was con-
tent with the twelve men then seated
in the box. OF the talesmen called on
only four had formed opinions as to the
guilt or innocence of the accused. All
of these. however. said they could put
aside these opinions and decide the
case on the evidence. One of the tales
men had conscientious Scruples against
capital punishment and one had a
the victim. The government exercised
four challenges.
Personnel of the Jury.
The jury accepted comprises FiIman
r. Horner, Frederick Whitmore. Otto
]. Botsch, Benjamin Miller. Benjamin
b. knell. James McManus, William G..
Rouser. Joseph p. Germuiller, Fred
erick W. Reeves. John r. Crossley,
Nathan Cowsill and Frank L. Blackford.
Assistant United States Attorney
Proctor. who is aiding United States
Attorney Wilson in the prosecution,
made the opening statement for the gov
ernment. lie outlined the proof to be
submitted by the witnesses. He said
he expected to show that Green had
struck Mrs. Grant Il stunning blow on
the left jaw when he had come up
behind her.
The blow knocked the woman sense
less he stated, and she was then dragged
or carried by Green down into the area
way OF premises 3lc street southeast
and there assaulted When Mrs. Grant
was discovered, Mr.. Proctor said, the po-
sition in which she lay and the condition
of her clothing gave uninistakable evil
dence that an assault had been accom-
plished.
The victim is unable TO recall the de-
tails of the assault. the assistant pros
ecutor asserted all she remembers is
that she was suddenly rendered uncon-
SciouS.
Later, she recalls that she had the i'm
preston of being in deep hole, strug-
Cling with man who was endeavoring
to overpower her. She again relapsed
Proctor and knew no more until she
found herself seated on the steps in
front of the house. where the officey had
placed her to await the arrival Of the
ambulance.
Miss Van Ness Testifes.
Miss Margaretta Van Ness of 122 c
street southeast tod of visit made to
her house by Mrs. Grant. and Of the
hn, 81 20
10 the residence Of her father-in-law.
Capt. Robert Grant, 621 North Carolina
avenue southeast.
Mrs. Katherine S. Tfonssen testified to
hearing muffied cries of some one in
distress and of her sending her and,
DR. Thonssen to investigate The physi-
clan followed his wife on the witness
stand and told of his search for Police
man Wall. and of his return to tEe house
where Mrs. Grant was found, and OF see
ing Green coming out of the areaway.
Policeman Edward V. Wall told of the
arrest and of a confession made to him by
the prisoner. The witness identified the
clothing worn by Green. which was eX-
hlbited to the jury, showing the blood
stains. Green told him, witness said. that
he had struck Mrs. Grant and had car
ried her into the areaway.
Precinct Detective Wise corroborated
Policeman Wall as to the confession. He
also said Green admitted the accomplish
ment of his purpose.
Mrs. Grant Takes Stand.
Mrs Adelaide +. Grant. with her head
swathed in bandages. and attended by
Dr. Moffitt and a nurse, was brought
into court shortly after recess She
was offered as witness. Her responses
were scarcely audible. United States
Attorney Wilson stood close to her
while propounding his inquiries.
The examination Of the victim of the
assault occupied only five minutes. and
she was carried from the stand in the
a rms of DR.. Moffitt.
Mrs Grant responded that she had been
knocked unconscious and except with a
lucid interval I'm which she thought she
was in deep hole struggling against a
man she remained senseless until she
was placed on the steps of the house by
Policeman Wall and Dr. Thomson.
She could give no details of what
took place in the areaway.
With the testimony of the victim.
Continued on se00ne, Fase'