The Monroe journal., 1921-08-09

catrix. told al her daughter proMis-
ing 10 telephone her IN tie event she
failed TO cone home THURSDAY, anu
gave Miss Tolbirt's story Of the OF
Tense a. related 10 her Friday alter
noon after the alleged assault.
Mamma. | went TO ride With Lee
Mailman and he ruined me. are the
words she quoted her daughter as
using 10 describe the offense. Mrs.
Tolbirt said she was the mother OF
eight children. four OF whom are
girls. one child is married.
Mr.. ]. c. Mcintyre, who went TO
the scene Of the alleged offense the
following SUNDAY, testified 10 several
corn stalks being bent down. There
were tracks. he said and the ground
was somewhat torn M. Mr.. David
Eudy corroborated Mr.. Mcintyre :
testimony. Both live near the place.
bur neither heard outeries on the
night the offense is claimed TO have
been committed. although Miss Tai
birt had testified that she screamed
several times.
Mr.. G. W. Strawn proved To be an
important witness for the prOseeu-
lion. He said: Mrs. Strawn and
myself were driving 10 Monroe from
our home ten miles east of here ear
IL FRIDAY mornins. When We came
TO the Eudy place. | noticed the corn
stalks being down in his corn Held
and called the attention OF my wife
10 H. | had not heard Of the arrest oil
the defendant nor anything about an
offense being committed there. On
our return that afternoon, saw an
automobile and two men standing at
this place.
Mr.. Adam Eudy corroborated the
testimony of his brother, Mr.. DAVID
Eudv. and Mr.. ]. {. Mcintyre; anG
4 Miss Ethel Reid of Charlotte declar-
ed Miss Tolbrt bore a good charac-
ter. She has known her since the
year 1915
Mr.. ]. H. Clancy. who was intro
duced for the purpose of corroborat-
ing the testimony of Messrs. Eudy,
Mcintyre and others as to the condi-
ton of the ground al the scene of the
alleged rape exhibited a map OF the
field that he had drawn.
MIR. Rufus Griffin. manager NJ the
Wingate telephone exchange, sad Ne
received call from the home OF
Mrs. Zeb Perry Thursday afternoon.
II was Miss Louise Tolbirt ne CON
tinued. who desired to get long
distance connection with Concord.
told her that the line between
Monroe and Wingate was down
. and she hung UP the receiver.
On cross-eXamination Mr.. Griffin was
unable 10 state if IL would have
been possible for him to have gotten
a connection through Marshville for
Miss Tolbirt.
Following his testimony. the state
announced that for the time being ii
would rest.
Bale, the First Witness for the de-
tense.
Mr. Lee Bailey, OF Marshyille. was
the first witness for the defendant.
Z Were YOU IN Monroe armistice day.
| he was questioned. Yes. was the
b reply. "Did you see Miss Louise
T. Tolhirt?" Mr.. Cansler continued.
Il did. he answered Tell the
= court about the meeting he was
5 asked Il was at the Seaboard sta
/ ton with Mr.. Lee Hallman. he be-
= gan, when We happened TO see Miss
E Tolbirt and another girl standing
: near. We walked over. and very
shortly Mr.. Hallman and Miss Toll
, Dirt walked off to hold private con-
7 versation" On cross examination, he
= admitted that there was nothing inn
/ proper about the conduct of the pros
ecutrix on this occasion.
[ That he passed Lee Hallman and
Miss Tolbirt sitting ia car that had
/ been stopped by the side of the road,
f. with the lights off. on Monday night
before the alleged assault took place,
ID was the testimony of Mr. Frank
Marsh son of Rev. A. Marsh. who fol-
lowed Mr. Bailey on the stand. He
r. lives a mile and half from Marsh
willie ion the opposite direction of Nj
pgrry's home. The time. he said
was about 9:45 p. III. His eNamina-
tion was continued. as follows:
Q, Where were you going?
4. To Nashville.
, W WHY Nhu III 0AA AHNotti'pa''
=, 4. Yes,
@. When did you first see Mr.
Hallmans car?
A. When | was about so yards
away
Q. Did YOU stop?
4. Yes
@. What was Mr.. Hallman doing
! A. He was standing by the sid'
of the car raising the engine hood.
: O. What did you say?
A. said Hello. Lee, can hell
your"
O. What did he say?
A. mo, thanks, | can fix it."
O. What did you do then?
A. Drove on.
: @. Is there a branch at the bot
!, tom Of the hill?
A. No, but there is small fla
. place.
Mr.. Brock, on cross-examination
asked Mr.. Marsh II his brother didn'
marry a sister of the defendant
"Yes," was the reply.
/; According to Mr.. Clingman Grill
IS fin, there was no automobile stand
:. ing by the road at the Eudy plac
!. " he passed there at 10 o'clocI
!; on &c night of the alleged assaul
e Neither did he see anyone In that VI
!; cinity.
/ Mr.. Griffin was cross-examine