Evening star., 1948-12-15
Farmer's S Trial Nears
Jury in Attack Case;
Death Penalty Asked

The death penalty was demanded
today in closing arguments at the
trial of Elvid Perrell on charges
that the 26-year-ol6 North Caro-
lima farmer raped the wife of a park
policeman here.
Arguments were completed this
morning and the judge was to
charge the District Court jury early
this afternoon.
In final arguments, both defense
and prosecution agreed that Perrell
followed the .31-year-old woman in
his car from a Southeast bus stop
about l o'clock on the morning of
September 7, while she was on her
way home from work.
+ The Government charged Perrell
grabbed the woman when she was
almost in front of her home, forced
her into his car and drove rapidly
away. The defendant allegedly
struck the woman when she blew
the horn and threatened to kill her
after she screamed.
The criminal assault was said to
have occurred in a vacant block
more than 2 miles away and about
10 minutes after the woman had
been forced into the car.
Defense Alleges Consent.
The defense contended the wom-
ans submission without a repetition
Of the blows and threats amounted
to consent, but this was challenged
by Assistant United States Attorney
John c. Conliff, jr., who declared:
Il say to you in all sincerity this
man deserves the death penalty. 1
believe If she had resisted he would
have killed her"
A verdict of guilty without a Jury
recommendation Of the death
penalty would leave sentencing Of
the defendant to Judge Henry
Schweinhaut. The maximum SEN
tence then would be 10 to 30 years
imprisonment.
Charges venom" by Prosecutor
Mr.. Conliff was followed by
Wesley Mcdonald of defense coun-
sci, who said:
The prosecutor has a job to do,
but I say to you in all sincerity in
over Is years before the bar l have
never known a prosecutor to use the
Wciousness and venom in his clos
ing that Mr.. Conliff has"
I'VE know this man Is o farmer
down in Bear Greek, North Carolina.
We know he has a wife and two
little boys and lovely mother. Why
he came here on Labor Day week
end, we do not know. 1t was prob
ably to visit kinfolk."
Mr.. Mcdonald. in reviewing the
evidence. said the defendant went to
the Gaiety Theater on Labor Day
night (September g., that he tried
to pick up three girls at bus stop
and followed the bus.
Questions Use of Force.
AS to the incident of the defendant
pushing the complainant into his
car, Mr.. Mcdonald said "he struck
her twice, probably" He then raised
the question of whether the defend
ant had gun or knife. and wheth-
er the complainant kicked, scratched
or bit.
Charles Ford, defense counsel, fin
ished the summation. He told the
jury that the law of rape is that a
woman must be in fear of great
bodily harm" He questioned wheth-
er the Governments case proved
that under the circumstances the
woman had such fear.
Judge Henry Schweinhaut said
yesterday. after the jury had left
the courtroom, that he will instruct
the jurors they may bring in a
verdict of guilty of rape or not
guilty. This will rule out possible
verdicts of assault or assault with
attempt to rape.
Mr.. Ford had. argued in asking
for dismissal that the assault was
admitted but that there was nothing
in the Governments case to show
that force or threats were used at
the time of the alleged rape.
Five character witnesses, all from
the neighborhood of Bear Greek, N.
c.. appeared for Perrell. All said
his moral reputation was good.
They were the Rev. George w.
Graham, the Rev. Earle Byerly,
Sheriff George H. Andrews of Chat
ham County, Glen Hancock, a lum-