Evening journal., 1921-09-10
GIRL ACCUSES
YOUTH, IS Held
Grace Dolan Tells of Attack
at Yorklyn by Hag-
gerty
DEFENSE SAYS
STATE UNFAIR

Hugh Haggerty OF Yorklyn was held
under $1,000 bail for the Court Of
General Sessions by Magistrate
Giuckman today charged with an at
tempted serious offense against
Grace A Doian. aged ~ years. near
Yorklyn. on Sunday afternoon, Au-
gust 2S.
The hearing was held in the at
torney- generals office. and was con-
Quoted by Deputy Attorney General
Sutherland for the State. Haggerty
was represented by Artemus Smith.
Only two witnesses were heard.
Mrs. Florence Dolan and her daugh-
ter. Mrs. Dolan testified 70 hearing
the screams Of her daughter and
finding Haggerty In the alleged at
tempt at attack.
race A. Dolan, a rather pretty
child, though visibly affected by
promptly and clearly.
According to her statements she
had left her mother on the road and
had gone to the club house, where
she purchased some candy. She said
she did not see Haggerty until he
ran up behind her. grabbed her by
/ both arms and threw her down in
the tall grass. She screamed and
her mother ran TO her rescue, when
Haggerty jumped up and ran away.
At the beginning of the hearing
this morning Mr.. Smith objected 10
Magistrate Gluckman holding the
hearing "in the Office OF the attor-
ney-general, where he is surrounded
by all the powers OF the State and is
naturally Influenced in his judgment
by such powers"
Deputy Attorney-General Suther-
land assured Mr.. Smith that the
State had no such intention and that
the trial had been set for Mr.. Suth-
erland's office simply as a matter OF
convenience TO all concerned, and
| expressed a willingness TO adjourn
the case and go over to the magis'
trate's ONCE.
Magistrate Gluci1man assured Mr.
Smith that he would not permit his
Judgment TO be biased by any 'inilu'
ence" from the state.
Mr.. Smith finally consented TO th'
hearing. although he was not salts
fed.
His next objection was that th'
prisoner had already been tried be-
fore Magistrate stradley and hat
been fined $40 and costs amounting
TO $3.50, which he had paid, and
that he could not be twice put IL
jeopardy for the same oftense.
Mt Sutherland questioned tn
two witnesses, both asserting tina
there had been no trial. that tn
only testimony heard was that give'
to Magistrate stradley in a bacl
room OF his ofice and that neithe
Mrs. Dolan nor her daughter hai
been sworn at that time.
When Magistrate Gluckman an
nounced that he would hold Hag
gerty for court. Mr.. Smith declare
the decision was unfair and unjusi
that the State had no right TO hol
the young man.
Attorney General Townsend, VIII
had been an Interested spectator. 6e
clared that the State not only had
perfect right 10 hold the prisoner
but that the magistrate had no juris
diction in the case other than to hol'
II. L. Bradley, OF 1913 West Sixtl
street. became surety for Haggerty'
, appearance.
Haggerty was arrested two week
ago on the same charge by Con
stable Wilmington and was take
before Magistrate Stradley. At tn
time set for the hearing the prison
er agreed to plead guilty to a charg
OF plain assault, the charge unde
which he had been arrested. an
, was fined the full penalty which
$40. No evidence was offere
against him.
1 Yesterday he was re-arrested o
: the more serious charge, upon affi
! davit from Stenographer Minor {
! the Attorney Generals Office, b
y State Detective Baldwin. brought
, the police station. where he CAV
r bond for his appearance this morn
ing