The Sentinel=record., 1913-11-25
DEATH PENALTY
 CASE IS HEARD
ATTORNEY JOHN HOSkINS PRE- sENTS EVIDENCE FOR THE
 STATE AGAINST NEGRO.
Thirteen Year Old Negro Girl Tells Her Story in Emphatic Manner at Hearing Before Justice Kirk.

kansada Porter, a 2 year old ne- gro girl, ignorant. an orphan and a rather difficult witness in some re- spects, told ill Justice Kirk's court yesterday on the witness stand a story of an assault on her by Dan l Moberly, negro man that were she q white girl would have before this ] morning have no doubt so aroused the ire of the people that serious trou- ble would have resulted. The girl testified that she had been sent here some months ago by a sis ter with whom she had lived at Tu- nica, Miss. She resided here with another sister. She did not know her age, and knew little of where she had lived us to streets. She stated that 20) she had been told by her sister 10 carry dinner 10 Dan Moberly, q negro man who boarded with her sis ter.
 Moberly was employed where a building is under construction near the Williams wagon yard on Haw. thome street. The girl testified that she got there with the dinner just as the noon whistle blew, and that she took il to Moberly, when the latter ] took her and dragged her under a house and assaulted her She said , he choked her and he'd his hand over her mouth to prevent outcry. She told of resisting him as long as she \ eould and when her efforts were eN- 2 hausted, she had to give up. { The girl told of having gone home z immediately to her sister, and telling her immediately the circumstances. ' Attorney John Hoskins, who repre- 2 sented the witnesses for the state, u put the sister of the girl on the stand next, and there was given q full cor ' roboration of the story the negro :. child told of her condition when she . reached nome, and of what she said - and of the condition of heT clothing . Attorney Tom Gadson, represent T ing the defendant, examined the wit v nesses in an apparent effort to draw ' that at least part of the child's stor> . had been put in her mouth by the DO . lice, but the child insisted that al n the police told her was to tell the n truth when she went on the stand, o. ' she would be put in iail.
 Do you know the nature ot ar fl oath Judge Gladson asked. U The negro girl did not answer.
 The attorney insisted and the wit
 ness admitted she did not She did
 not. even know what was being asked
 her
 q will st?aighten that out" sug.
 gested Attorney Hoskins Do you
 know what will happen to you if you
 tell a lie
 q will go to jail" said the girl
 But what will happen to you after
 you die?'
 T will go to hell" the girl an
 swered.
 Attorney Hoskins then insisted
 that the witness had qualified under
 the provisions of the law.
 Dr. $. J. Walker a negro physician, who made an examination Of the girl } the day after the assault. testified that the girl had evidently been a. saulted. but he put many qualifying
 statements into his evidence on the
 cross examination, and redirect was not certain of positive opinion as
 10 what produced the condition he
 found in the sirl.
 The accused negro had been eni.
 l,oyed cleaning brick and doing oth-
 CT sorts of work He is not, how ever, Of the laborer type of negro. hut came into court well dressed in a brown suit Of clothes new tan sl.oes and looked more of the sporty type than of the laborer
 The arrest in the case was made by ii Officer Rob Houpt about 40 minutes J after the alleged crime was commil-
 ted and this officer testified to tho statements made to him d that time
 and to the condition of the girl Waen he first saw her
 The defense win have an inning in
 the ease this morning when the case
 tx resumed at o'clock in Justice
 Eicks court Attorney Judge Clad
 son did not intimate whether or not
 he would use the defendant on the
 stand al the conclusion of the evi.
 dence
 O----
 IMPORTANT NOTICE.