Laiv Reports — Criminal Caifse. 
 THE GREAT 
 
 RAPE CASE. 
 
 A complete History of the Remarkable 
 Charge of Rape against 
 
 .] . D. WEAVER : 
 
 WITH THE 
 
 Verbatim Report of the Testimony of 
 CATHARINE E. LAHENNY 
 
 AND 
 
 SARAH McNJEIL. 
 
 0}«<Oe 
 
 NEW-ORLEANS : 
 J- XJ Hj "Sr , 1861. 
 
 M * 
 
THE GREAT WEAVER RAPE dASE. 
 
 Ic^ince tlie days when Adam au<l Eve helil blissful court among the bowers of 
 Eden, good and evil have occupied a conspioiious place iu this world of o»irs. 
 The tree of knowledge bore two distinct classes of fruit which have ever con- 
 fronted each other as a relief and contrast. No human being i^ wholly good, and 
 none is Trholly evil, but between our highest and lowest types there is a wide, 
 wide plain of social, moral and intellectual difference — a plain, at one extremity 
 of which arc the pleasant places of brotherly regard, and at th(> orlicr tlic low and 
 groveling haunts of sensuality. 
 
 In publishing the details of the "Great Weaver Rape Case,' it is willi no view 
 of ministering to a depraved public appetite : on the contrary it is for the pur- 
 pose, of pointing out the corruption which exists in our social system in order that 
 the statesman and moralist may apply a remedy. That there are men wlto de- 
 light in virtue and find no bondage in morality, proves at least that before our 
 race is a high goal of possibility. But it is necessary, in order to have a c^ear 
 comprehension of the position and relationships which men and women Itold to- 
 wards each other, that we shall know something of why^ is evil as well as what is 
 good, for though the one be life's polar star, the other may serve as a perpetual 
 beacon. To guide us we want the pillar of cloud by day as well of flame by 
 night. 
 
 Of all crimes iu the catalogue of human frailty, tliere is none al which a pro- 
 perly organized manhood more instinctively revolts than that of a fovoed com- 
 merce between the sexes. To woo ''as the lion woos his bride.' is foreign 
 enough to the geiitle endearments by which the ties of human love arc tisually 
 cemented, but to use more than beastly violence in the gratiiicatiou of passion's 
 fever, is worse than fiendish. Commerce, unless reciprocal, i.s unnatural, and the 
 love which degenerates into lust is unworthy of t!ie name. 
 
 The Weaver Kapc Case is interesiing, as it illustrates phases ol' liumau frailly 
 and degradation which are usually hidden by the social mantle. In it there are 
 three conspicuous cliaracters — J. D. Weavei", the debauchee : Catharine K. La- 
 henny, the alleged victim; and Sarah McNeil, Weaver's house-keeper and princi- 
 pal witness. The first figures l)cfore the world as a t^<r.?''sensuali.st. the second 
 assumes the mantle of outraged innocence, and the third appeal's as the apologist 
 of a man charged with the grossest outrage that can be perpetrated against hor 
 
 Hut we will not here anticipate the testimony elicited before tlic Kccorder. or 
 in any manner prejudge the case. Our province in this connection is to detail the 
 
 Ige the ci 
 and feav 
 
 facts as we find them and leave to public opinion the rendition of a verdict. 
 
2 
 
 TIIK CinCKEN FANTIHr.. 
 
 Tho airesl of J. 1>. AVkaveii on a charge of rape awnkiMicd ilic lecollcctioiis of 
 the past against him and stirred the tongues of scandal to his prejudice. Him 
 name, in connection with another, who has been equally notorious in the walks of 
 libertinism — has long been familiar to the public car. Strange rumor? are 
 abroad of liille girls who arc decoyed into his premises — as was the unblushing 
 girl who now acknowledges herself his mistress — to become the ministers of an 
 unholy passion. In consequence of his licentious partiality lor little girls, he 
 liis won for himself the title of r.hicken Fancier. He is ii man ^f medium 
 height, rather inclined lo corpulaiicy. and about fifty years of age. His face has 
 a somewliat bloated look and over his cheeks and chin the skin hangs loosely, 
 while his protruding eyes seem striving in vain to liide themselves («mid the pur. 
 ?iy folds by which they are surrounded. When speaking on amatory subjects his 
 •eyes beam out with a gleam of sensuality, and nt other times they are mnrked 
 
 (! imply by — 
 
 •' .\ fidi'long, never ceasing gl.iuoi'. 
 !iy doubt ami ciinniiifr marked at one. " 
 
 His hair is brown. On bis lip he wears a dark moustache, which is tr:iined 
 with something of a coxcomb's care, and his whole appearance is that of a man 
 who had prematurely passed his prime, and is condemned to imaoinr. when ht* 
 would read the excesses of his youth. 
 
 Possessed of considerable means, variou-ly estimated at from ^100,000 In 
 .$000,000, he has for years past occupied the upper portion of a neat three story 
 Louse nt the North-east corner of Magazine and Natchez streets. Broad balco- 
 nies, the whole width of '4he side v/alk, extend along both front and side of the 
 dwelling, which has an open, airy, attractive appearance, as if no ■wrong or vio- 
 lence had ever been committed beneath its roof. Into the upper Vooms sis win- 
 dows open, and when the watchman passes to and fro in the Auietyide of 
 night, the slightest scream could be heard if uttered by one who shrank ftom ,h. 
 hated embrace, or prayed to be relieved from a deadly wrong. In tlie heat of 
 summer niglits our windows and shutters in New Orleans are not closely fastened, 
 and the winds of heaven are always ready to carry a report bursting from the 
 lips of v,T,mau, fs the lightning from the oloml. 
 
 THE VICTIM. 
 
 Turn wo now to the complainant in the case, Catharine li. Lahenny. • In her 
 testimony, Catharine sets down her age as twenty-three, but her appearance 
 would indicate ;i somewhat more lengthened experience in the realities of life. 
 Though far from being a beauty, she is not lacking in intellect, and her i)hysica] 
 powers are considerably above the usual average. If fairly tested, her strength, 
 we are inclined to imagine, would be found superior to that of many men. Her 
 muscles are compact and apparently' vigorous in tone, and it seems difficult to 
 bidievc that Weaver could have mastered hor in any effort, physical or mental.**^ 
 
 Ireland, we understand, is Catharine's native place, but she spent many j-ears 
 ia Scotland, and after her arrival in this country, she lived for a while in New 
 '/ork- Her New Orleans experience extends back about three years, and her ro- 
 
putation here, ns far ns preseuted to tlie public, has been Invariably good. St« 
 gave lier testimony in a straight forward, independent manner, as if she hud only 
 the truth to say, and was determined that neither maidenly modesty, nor the 
 wilcy snares of experienced counsel, could induce her to swerve one jot or tittle. 
 Questions of the most delicate n.iture were answered without a blush, and beinjc 
 without beauty she appeared to be equally lacking in that modesty which is beau- 
 ty's chief ornament. Though Weaver is wholly without sympathy and under 
 public ban, it is but justice to sny thai muny s\ispect tlio action of Oatharino (m 
 ihc outworkings of a deep laid conspiracy. 
 
 THE YOUNG IIOUSE-KEEPEH. 
 
 The girl, Sarah JNIcNcil, stands before tlie world a.i "one more unfortunate," 
 who ;-ccms to hug her chains^ind glory in lii'e profligacy which has blasted her 
 young life. During the terrible epidemic of IS.jC, both her parents died, leaving 
 her a waif upon the surface of society. At the ago of seven she became the child 
 of Charity., and for (he kindnesses then and since extended to her, she appears 
 to retain a proper feeling or gratitude. With regularly moulded features and « 
 quick intelligence, she — but for the misfortune which settled on her infancy — 
 might have become an ornament to society and the "observed of all observers" 
 among fashionable circles. There was a rich promise in her childhood, but be- 
 ing left without proper guardiaui^liip or maternal counsel, she ve'dily yielded in 
 the temptations which beset her path, and appears lo be .scarcely capable of it- 
 alizing (he condition of shame tn which she Has fallen. While mo condemn, let 
 us be just ; pity her misfortuu* and reserve our ire for the heartlc.«>' profligaff 
 who in jveaving the weT) of her destruction, blighteil so fair a tlower. 
 
 As the principal witness for the defence, this girl — ^.iu.st now^ in her ^«ixtt•enlll 
 fummer — attracted i\n little of attention. Admitting herself to be the mistresM i>;' 
 Weaver, she told the story of how Catharine came to the hou.-e, and with ki^s>.vs, 
 not coyly yielded, encouraged the advances which he veeuiel by no means unwil- 
 ling to make. Considering the comparative physical power.-" of the prosecutrix 
 and the accuseil, Sarah's stoi-y is much more in consonance with the theory "f 
 probabilities than that detailed by Catharine. In some things however, Sarah 
 does overstep the bounds of probability, and particularly in her assertion Ihut 
 since the arrest of Weaver she has had no conversation with him relative i>i the 
 case. Uy some this will be set down as a mark of that fidelity which is constant 
 in the midst cf wrong — a fidelity which even (lie deceived can snmetimo! fntcr- 
 taiu towards a deceiver. 
 
 rurULAU FEELING. 
 
 \n soon as rumors of the case were noised abi'oad, popular fc«ling became 
 aroused to a high pitch against Weaver. It was indeed feared that he would b" 
 seized and become the victim of jmblic vengeance, for even )iien of wealth an! 
 standing in society joined in the hue and cry against him, and demanded thr.t n. 
 slop be put at once and forever to the licentious improprieties which common ru- 
 mor charged against him. Popular indignation Eeeme<l still more exacting after 
 Weaver's successful application to be admitted to bail, and but for tho interfer- 
 ence of the police there is no knowing how far matters would havc'bcen carried. 
 
LOOKING FOR JUSTICE. 
 
 • 
 
 About noon of the same day oa the moininf^ uf which (he outrage is alleged to 
 have been committed, Miss Laheuny, -n-ith a flushed face, might be seen tralking 
 hurriedly down Canal street, followed by a man whom she now recognizes as 
 Weaver's brother. Some days prcviouslj', she had been getting some dental oper- 
 ations performed at the office of Dr. Clark, corner of Canal and P.aronne streets, 
 and she concluded to go into the doctor's office, in order to avoid the espionage 
 to which slie considered herself subjected. AYhen tlicrc, she ascertained the 
 street and number of counsellor Coleman's office, and went forthwith to advise 
 with the counsellor relative to her best course under the circumstances. The 
 counsellor questioned lier closely, ascertained from lier that she was strict in her 
 religious exercises, and considering from her story that a great outrage had been 
 committed against her and society, advised her to gofieit day and make a formal 
 charge again«t the man — then unknown — who had been guilty in the premises. 
 In accordance with this advice, Catharine presented hcnsolf on tlic 2lth of Juno 
 before Mr. Jones, the accommodating Clerk of Recorder Emerson, and made the 
 following 
 
 AFFIDAVIT : 
 
 J 
 
 Statk ok Louisi.\x.v — FiKST District — City oi Nkw Uiii,e.\ns. 
 
 The State, 
 
 vs. 
 Tarties to be pointed out. 
 
 Personally appeared before me, Willja.ii E.mlesox, Recorder of the First Dis- 
 trict of the city of New Orleans, and Justice of the Per.cc, duly commissioned and 
 sworn, Catharine E. Laiibn.ny, No. 17 St. Louis street, who, having been duly 
 sworn, doth depose and say, that on Friday, June 21st, 18G1, at about 4 o'clock, 
 A. M., in a certain house, situated at the corner of Magazine and Natchez streets, 
 in this District andCitj', a certain man, whose name is unknown to deponent, but 
 whom she will point out to the police, did, bj' force and violence, commit a rape 
 upon the person of deponent. AVherefore deponent charges the said personT 
 whom she will point out, with the ciame of rape, contrary to tlie statutes and 
 against the peace and dignity of the State, and prays that lie be arrested and 
 dealt with according to law. 
 
 her 
 CATHARINE 5^ E. LAHENNY. 
 mark. 
 Sworn to and subscribed before me, this l!4th day of Juno, 1801. 
 
 W. EMERSON, 
 llccordcr of the First District. 
 
 On this affidavit a warrant Avas forwith issued and placed in tlie hands of officer 
 Moynan and in an hour or so afterwards Weaver was a prisoner, occupying a 
 cell in the First District Lockup. How he liked the change from his own luxur- 
 ious couch to thd wooden mattrass of the calaboose is not on record, but it is 
 probable that his reflections during the night were not of the most agreable 
 character. Possibly he may have spent the midnight hours in a mental review of 
 his past career, and his amatory and financial successes as a broker may have 
 lost something^of their importance in the reflection that " the way of the trans- 
 gressor is hard." 
 
APPLICATION FOK BAIL. 
 
 On the 26th of June, the second clay after Weaver was arrested, the girl Sarah 
 McNeil, was taken to Recorder Kmerson's private office, in company with ■Weaver's 
 counsel, Col. Field, and made an affidavit, setting forth the manner in whicii 
 Catharine E. Laheuny went lo Denver's premises and the nature of her conduct 
 while she remained there. The statement exactly corresponds with that suh- 
 soquently made by Sarah, when examimined as a witness for the deftnco, and 
 which m.ny be found in another portion of this work. 
 
 On the strength of this affidavit Col. Field applied to the Hccorder to admit hia 
 client to bail. 15ut the Ilccordcr declined and copies of both affidavits were taken 
 to Judge Collins, of the First District Court, and the Judge, after a careful exam- 
 ination of the matter, endorsed ]^is3 Lahcnny's affidavit as follows: 
 
 In this case, it appearing that the proof is not evident nor the prcsumptioH 
 great, it is ordered that (he accused be bailed, and tl»t he do give bond iu tlie sum 
 of three thousand dollars, with two good and solvent securities, to answer the 
 charge herein according to law. 
 
 T. Whartox Collexs, 
 
 Judge 1st Dist. ('our'.. 
 Xcw Oileaus, Ju)ic'2G(/i, 18t.il. 
 
 In accordance with the above order the prisoner was adnultcd to bail un the 
 -6th of June with J. M. Fisk and Weaver's brother .-is securities. 
 
 THE COUNSEL. 
 
 The able counsel employed both for tlic prosecution and defence tended to 
 increase the interest which the public felt in the investigation.. For the prose- 
 cution, the classic and experienced Counsellor Coleman was employed, with that 
 eloquent and erudite pleader, Counsellor Blocker, as his associate. As conductors 
 of the case on behalf of the State, these gentlemen received ihe sanction .-ind 
 support of our able District Attorney, M. M. Reynolds. 
 
 The defence was entrusted to that skillful criminal lawyer. Col. Field, who, it is 
 said, received a fee from the accused of SIOOO. Xo man is better able to sift out 
 the weak points of a case and parade them before a court and jury with a telling 
 though cumbrous eloquence than the venerable Colonel. 
 
EXAMINATION OF THE CASE. 
 
 TJie examination of the case before Kccorder Emerson having been fixed fo'' 
 AVGclueiilay. tlic oJ of July, with the understanding that it was to be taken u]i 
 immediately after the dock prisoners and other petty cases were disposed of, i. 
 was called about the hour of noon. The impression on most minds was thai 
 it would he concluded in a few hours, and very few, eycn vi' those who knew the 
 particulars of the case and the slow progress of legal investigations, at that time 
 imagined (hat it would wind its tedious way into the following week. 
 
 The time lixod for the examination iiad not heen publi;diod in any of tiiu daily 
 jiapers, probably from a desire to avoid as much as possible crowding the court 
 room in tiuch Avarm weatlier. Indeed, boyontl fl:e mere announcement of Mr. 
 Weaver's arrest at tlie time .and the fact of his having furnished bail, the press 
 had abstained from any reference to tlie case whatever. From this cause the sub- 
 ject was not generally known in the community, l^it yet tiiere were a considerable 
 number of gentlemen wiio had learned that the investigation was to come oft", and 
 consequently when the time came every available seat in the court room wsa 
 occupied by an interesting listener while the space behind the railing was crowded 
 by those who could not obtain seats. 
 
 The large space railed in on the right of llie raagistratc's Lench for the oHicers 
 of the court was invaded by the superior officers of tlie police and other privileged 
 characters, and even the Cerberus of the reporter's deparlmcnt, on the left of the 
 Recorder's scat, could not prevent it.s being invaded and taken possession of by tho 
 eager people. It was curious to look \ipon tliis gaping crowd and watch the play 
 uf their facial muscles. Their eyes lixcd intently upon the witness and listening 
 i)i utter silence (o catch every word : tliore was a peculiar glistening of tlie eye 
 and expression on the features of most, ditlicult to be accounted for, unless, 
 perhaps, the piquant nature of the intellectual repast they vrerc devouring. Quite 
 overlooked and unnoticed in the body of the hall, seated on a bench near the 
 middle of the crowd, with a negro woman on one side of him and a decrepid old 
 man on the other, sat the special reporter engaged to report the trial for this 
 publication, quietly taking down every^word uttered, in stenographic characters 
 on the backs of old letters and unsettled bills. And it 'may be a laattcr of some 
 interest to those not familiar with the v.'O-udcrs of short-hand writing, to remark 
 liere, parenthetically, that the whole of the testimony, in questions and answers, 
 that forms the principal part of this print, was contained on tJie backs of only 
 live letters. v 
 
 THE W CAVERS IX COURT. 
 
 Mr. AVeavcr came to the court with .'r'arah and his brother and several gtntlc- 
 men friends. His counsel. Col. Field, took his ecat on the left end of the green 
 table used by members of the liar and fronting the clerk's desk. Weaver took a 
 chair on tiic left of his counsel and clasping his hands on his lap he cocked both 
 of liis legs up, supporting his feet against the railing and leaning back on his 
 chair, hi this easy, comfortable and nonchalant position he remained during all 
 the time of the examination both on this and on subsequent days. He evidently 
 assumed !xn independent air like that of a man who took very little interest in 
 what was going on and thought the whole affair was very trifling though some- 
 thing of a bore. In this position ho was directly vis-ii-vis with tho witness 
 chair and only a few feet from it. • His back was toward the body of the hall 
 and the only ones who could look in his face were (he Recorder, witness and the 
 people who Avere Avithin the officers' inclosnre. This was a feature that doubtless 
 pleased him much although his features v^cre too well scliooled to betray any of 
 the emotions withiu him and even in tlie most tryingnioments, when the minutest 
 details of his debauchery were being revealed, his count cnaiic) Avas culm and 
 unmoved. 
 
His brother showed more signs of interest and unensinesx. The first day ho go; 
 up -where t'.ic railing of the reporters' enclosure joins the clerk's desk and sat 
 do-wn there on the siilo bench. He hnd come provided with a co]iy of the New 
 Y'ork Daily News folded up into convenient size, which he held in his hands and 
 pretended to be quite absorbed in. r>ut ho must liave been either such a poor 
 render as to have to spell out every ivord or else he thought very little of what 
 was on the paper for lie never once turned it over. And occasionally he would 
 forget to keep his eyes on the p.iper wliilo lie wns listening to the testimony, bui 
 would suddenly raise them to the witness chair. When Catharine came to thai 
 part of her testimony where she wns lollowed by him on the street, she knew 
 where he was sitting although his head n-as then below the top of the clerk's desk 
 and pointing directly to the spot .xhe signified him by the words: " That litth- 
 man oyer there with spectacles onl" Of course every one in the court room 
 stretched their necks to see him, at once, for it was the first reference tliat had 
 been made to him, and he became the cynosure of every eye. For a moment he 
 pretend*d to be perfectly absorbed in his paper and then suddenly looking up he 
 gazed at Catherine with mild wonderment as much as to say: " (Ih, my dear, 
 there nin^t hr- c.i ii(» mistake about it." 
 
 -VLLEGED INTIMIDATION OF SARAH. 
 
 Sarah did not remain in the court-room during the examination of Catharine, 
 although she had come there to give her testimony against her for Catharine's 
 counsel, fearing that Sarah would frame lier rebutting evidence according to the 
 testimony for the State, asked the Court to have her kept in a separate room 
 where she could not be approached or hold conversation with any one. Recorder 
 l^mersou accordingly ordered her to be kept in officer Robinson's office, on the 
 tioor below, and here she seated lierself and remained during Wednesday, after- 
 noon and evening there not being an opportunity that day for calling lier to the chair. 
 Officer Jloj-nan, one of the executives of the Court, "had charge of her. Several 
 persons came into the room at difi"erent times while she was therC; and it has 
 l)cen alleged, though without cause probably, tliat an attempt was made to in- 
 timidate her. Certainly, officer Moj'nan would not have permitted sucli a thing. 
 The Daily Bek, of the 4th of Jul}', in its local column, had the following words 
 on this subject : 
 
 "We are informed that Mr. Beggs also entered the room where Sarah was 
 being kept, preparatory to her giving evidence in favor of Weaver, and among 
 other remarks said Mr. AVeaver. and every one who testified in his favor, were 
 going to be hung. This was highly wrong, and Lieut. Boylan told us if he had 
 licen present either time he would liavc arrested Mr. Beggs.'' 
 
 Mr. Blocker sat next to Col. I'ield at the lawyers' table, on his right, and 
 Mr. Coleman was seated next to him. AVhile Catharine Avas in the witness chair 
 she sat as calmly and unmoved as though she were among a party of friends re- 
 lating to them something that did not concern her hardly at all. .Vt first both 
 the counsel and the coi;rt liad to enjoin lier repeatedly to speak louder as her words 
 could hardly be heard wifh any distinctness at a radius of six feet, but this did 
 not appear to arise from any timorousness but from weakness of voice or from 
 having accjuired the habit, at home, of speaking in a soft and light tone. Every 
 once in awhile she would lean over, resting lier arms ou her lap, to give the words 
 of her relation clearly to the clerk who was taking them down in writing. During 
 no part cf the time did she appear the least agitated or even mored by the recital 
 of her wrongs .and when she was being cross-questioned regarding the minutest 
 details of the violation of her person she did not blush or lower her gaze from tlio 
 counsers penetrating eye, nor did her lips quiver or her voice tremble. 
 
 These facts are merely record^il as an integral portion of the historj' of the 
 Lase ; not by any means to furnish an inference that it formed an indication of 
 lewdness or brazeness of disposition. 
 
 She gave her testimony clearly, boldly, and without the lea-<t hesitaucj', never 
 stopping a second to reflect or to call up n word or a thought. During the entire 
 
8 
 
 extent ol her lengthy cross-exaniinatiou no one could have wanted prompter or 
 readier answers. There was a quiet but serious and earnest look in her eye and 
 ilie effect of her testiraonj* upon every 'one in the court-room wns. that he was 
 either speaking "the truth, the whole truth and nothing else but the truth," or 
 else that she must be a most consumate. artful and accomplished villain, to 
 maintain such a relation of facts an^l stand unflinchingly such a searching cross- 
 t Kanaination without contradicting herself on the most trivial points. 
 
 With these remarks we will proceed to the testimony she gave. At first she 
 was about to commence and fell fhe whole story without stopping but after being 
 instructed by counsel and the court she soon accustomed herself to tell one 
 sentence at a time and wait until the clerk had written it down and re;ul it over 
 to see that he had taken it correctly. Although 'iiving the relation in thi'- 
 disjointed manner she never lost the thread of it but kept on in tlie regular 
 succession of events, .\fter having been duly sworn she testified as follows: 
 
 CATHARINE MEET.S AVEAVEll. 
 
 On tiic lititii of June, I met Mr. Weaver on Chartres street, ainl lie asked me 
 if 1 required a situation. I asked him where it was. He said it was in his 
 liouse. 1 asked him if there was a madame in the house. He replied no, but 
 tliat he kept two servants. I told liim I did not Avish to go anj'where where there 
 was not a madame. He said the girl he Jiad did not wish to live alone; that ho 
 wanted to get another girl. He told me that his business did not allow him to go 
 to the intelligence offices or to advertise. He told me that there would be ne 
 harm in my speakiiJI; to the servant in the house and she would give me the 
 particulars. He told me the house was on the corner of Natchez and Magazine 
 streets, and asked me to come to his ofBce at three o'clock, when he would be 
 there'and -would cither go with me or send to the adjoining house to see the 
 servant. 
 
 I went to his ofiice at three o'clock and he sent his colored ))oy up stairs with 
 me. As I went up stairs I met the servant girl in the door. I asked her if she 
 was the servant I was sent up to and she said yes. I do not know her name 
 except that she called herself Sarah. I recognise the girl Sarah now in court as 
 l)eiug the person. The girl told me to come in and sit down and she wouM 
 explain the situation to me. She told me the situation was a good one. 
 
 SHE FINDS A NICE SITUATION. 
 
 Mr. Weaver came up and the first, thing he asked me was, hud i any friends. 
 [ told liini no, my friends were all in Europe. He asked me if I thought 1 Avould 
 take the situation. 1 told him I did not know. He asked Sarah how she would 
 like me for a fellow servant. Sarah said she liked iny appearance very well. 
 She thought I was a decent girl. 1 told him I thought the work was very little 
 for two servants. He asked me if I could sew. I told him I was a very good 
 sewer. He said that he would live in a hotel but that he was getting old and 
 that his business compelled him to live on his property. His office and residence 
 were there together. He told me that his sou had gone with the armj^ and that as 
 soon as he returned the work would be much greater. ^Ir. AVeaver went out then. 
 
 Sarah told me she had lived three months in the place and hiul no fault to find 
 with it, except that she was so lonesome. She wished me to take the situation, and 
 I said I Avould. 1 told her 1 would come on Monday, but she insisted on my sleep- 
 ing that night as she was so lonesome for Mr. Weaver Avent out that afternoon. 
 It was after dark when Mr. "Weaver came in that evening. I told her I would 
 like to go away but she said that Mr. Weaver had the key of the office and I 
 would have to go through the office to get out. 
 
 WOLVES IN SHEEP'S CLOTHING. 
 
 On liis return, after night, Mr. Weaver commenced to lecture from the 
 scriptures. He lectured about wolves that went about in sheep's clothing, seeking 
 
9 
 
 whom they might devour. Next he lectured about tho good buiiiaiitaii. Hf 
 talked a g^rent deal about tlio deception of mankind. Next he commenced singinp: 
 hymns, buch as are t^unp; in divine service, .^.arah af=l<ed him if he did not sing- 
 iu l!ie choir of llic Calholic church and he said yes. 
 
 He left the room and went* out into another part of tho building. I then helped 
 ilie girl to draw tlic^ar of his bed. S'le toM nie that she .slept "in that bed one 
 night. I asked iier whore Mr. Weaver slept then and she said he slept in the 
 St. James Hotel. He then came in and told Sarah and myself to go to sleep in 
 that bed. I asked him wlicrc he w.n^ goi"g tf sleep. lie said he was going 
 to .sleep on the sofa. I told him I would not sleep in tho room; that I would 
 dleep in the other room that had a liolt on the door. He insisted that I ^should 
 sleep in his bed. I told him I would nnf. that I woidd sleep in the other bed. 
 1 rose to go to the other room but Sar.ili would not come with me. 
 
 WEAVER IS STIUCTLY REIkJIOUS. 
 
 I met Mr. Weaver in the door. He told me the (.ther i'cd whs not tit for n. 
 stranger to sleep in ; to spare his feelings and that it would be scon to next day, 
 but to slee'p that niglil in his bed. 1 went to bed with Sarah nisder the condition 
 that he was to go to the St. James to sleep. 
 
 He left the room and went out on the outside liuiidiug wlure he commenced 
 p.aying his prayers. He walked up* and down the hall with his hand" claspod 
 together, praying so loud that all the neighbors could hear him. 
 
 Question interposed by Col. Field : Did the neighbors hear liim ? 
 
 Witness, (with amusing n.'iivet(5): They could if they were near enough. 
 
 Witness continuing her own relation : I asked Sarah if he always prayed that 
 way. She said yes, he was strictly religious. 1 told her I was very sorry to etay 
 that night. She told me I had nctliing to dread for he would not'harm'a child. 
 After sometime he came into the room and threv.- himself into tlio middle of iliy 
 bed, between the girl .and nn-self. 1 told him that he had promised to go to the 
 hotel. He swoi'e by the bloody bones , and sacred law^ of Jesus Christ that h« 
 would not touch or harm myself or tlie girl. 
 
 HE PREFERS ST. CATHAUINE TO ST. J.UIES. 
 
 He usked me what I was afraid of and if I thouglit anything improper would 
 take place when tbere was another girl in the bed witli mc. The girl made use 
 of the very same words. He laid very quiet for an hour without moviug and I 
 was afraid I would fall asleep. I pretended for about three-quarters of an hour 
 to be asleep to sec if the others wonM go to sleep. Mr. Weaver did not go to 
 sleep but 1 cafcnot say about the girl. He then put his liaud up under my clothcri. 
 I sat up in the bed and struck liiin with my left hand. I wanted lo gel out o! 
 the bed then and I commenced cryinj;;. I sai up in bed for sometimo but I wa, 
 afraid if I went out he would take me away from the girl. 
 
 He swore that if I would cease crying he would not touch nn;. He svvoro ihat 
 he wou'd cut his arm off before he would do me harm. He put liis arm ftronud 
 my neck and pulled me down into the bed. He did not use any violence then Viut 
 just only held me. He lay for somi^ time holding me in that potition. Nest tim- 
 he thought to get possession oi me but I did not allow him ; I was too s'rong fur 
 aim. Sometime .nfter that he tried the Fame. T did not allow him: I wiis to.j 
 strong for him. I called upon the irirl. 
 
 LE F.\IT .UCDMl'Ll. 
 
 He kept mo down in iliat position until I was perfectly e.thHUsied with his and 
 my own perspiration, he held rae so clo.^e to 1dm. I could havp wrung out my 
 clothes with the sweat. About four o'clock in the morning lie awakened 'the girl 
 and said something to her. The girl got 6ut of bed aud went out of the room. 
 Mr. Weaver got on me then, lie said I might hallo ne much na I liked, the 
 
10 
 
 (;Irl bad gone tn the adjoining building. .M. iliai lime lie \sas too powerful for 
 rne and accomplished his cuda from the jjosition ho j^ot mo in. 
 
 Mr. Coleman. What do you mean b}' his accompli.shing his uiTds '! 
 
 Witness. Why lie committed the rape upon nie, sir. 
 
 .Mr. C. Describe lii.s jiosition and yours. 
 
 Witness. He had held of me with one arm around my neck, threw himself 
 upon my che^t and then tlircw himself all down upon me. I wanted to prevent 
 him vith my hand but he took it avray twice. I got the other arm at liberty from 
 him at one time hut he was so close to me 1 could n(jt liclp myself. I hallcod 
 on but he said I could not helii myself, that I mi,s;lit hallo as much as I wanted. 
 Wlien lie was done he went out and brouglit tlic girl inio the room. Tiie girl got 
 into tlic bed and oojumeuced fanuini; him, he iyiuc; in the bed. 
 
 TEAPwS OF MORTIKIC.VTION. 
 
 I went iulo auoiher room and commenced to dress myself, iiometime after 
 that the girl came into wliere 1 was. I was crying and she asked mc what was 
 ihc matter with me. f told her 1 believed she was a poor degraded thing and 
 lliat I liad been ruined liy her ineans. She told ine not to blame her for slie had 
 to do everything Mr. Weaver told her to do, just as if she waa hi^ child. She 
 bJiid tliat avci'j' day girls came in the samj way and were tnken in. 
 
 Mr. G. Did you sleep at all during the night V 
 
 Witness. No .sir. 
 
 Mr. C. Did yoti make exertions ro get ou! of tlis lumsc '.' 
 
 Witness. I asked Mr. AVeavor .'ind the girl sevei-al times tu let ma gel oi't. 
 ."r^.ai-ah made some co^'ce for Mr. Weaver and brought it to him. She said tha^ 
 after a few minutes he would rise up. I couKt not get oul of the house until 
 iibout two o'clock, when the new.sboys were calling out the evening paper.?, na 
 .Mr. Weaver had the key.s. He came into the room and frightened mo as he was 
 perfectly naked. He said to me, was I not a pretty" girl to ndvist? his girl to 
 leave him ? I answered (hat I thought it was only cliarily (o her to do eo. Atter 
 ht» got dressed he opened the door and let me down stairs. 
 
 .V VERY ACC'O.M.MOD.VTINO IIIIOTIIEH. 
 
 The first per.son 1 saw when 1 got out was that man there (pointing to iLo 
 brother of tlie accused, who Vi'as quietly reading a copy of the New York Ixews, 
 and who looked up at the witness through his gold spectacles from the lawyers' 
 table in apparent astoni.shmont) ; I believe he is Mr. Weaver's brother. He 
 followed me until I went into Dr. Clark's dentistry oflice at the corner of Caronnc 
 and Canal streets. When I went in there the two doctor3 askell me what was the 
 matter. 1 said there was a man ioUowing mc on the street and got one of thcra 
 10 go out and loolc for me. They said that a man following mo on the street 
 would not make me look that way. 1 was alarmed when I left Mr. Weaver'^ 
 house and being followed on the street made me more alarmed; I was crying too. 
 I got them to find the location of Mr. Coleman's office for mc in the Uirectory. 
 
 Mr. C. AVas there any blood upon your clothing al'lor the perpetration of tu^ 
 :iuiragc ? 
 
 Witness. There was, sir. 
 
 .Mr. C. Was there any blood upiiu the bed? 
 
 Witness When Sarah came iu she said, "Oh what " 
 
 Mr. C. and Col. F., iuterujiting — N'over mind what Sar.ih said, only tell wliai 
 you saw j'oureelf. 
 
 Witness. I saw two .spots of blood upon ilic bed where I htid been lying. 
 
 Mr. C. To whom did voucommunii^ate the facts and when did you make th» 
 BRidavit ? 
 
 Witness, i told you all when 1 went to your oiiice that evening, about half an 
 Lour after leaving the house, and I made my affidavit in court the next morning. 
 
 Mr. C. Have you spoken of the affair to anyone else ? 
 
Wituc33. The only otLei' person to whom I comuiunicatcd (be facts Tcas a 
 female friend and I told her one day nficr Mr. AVeavcr's brolher came to the 
 house where I resided and pecked threw tlic keyhole when 1 called out lo my 
 friend in great fear : '• Don't let him in 1 " The clerks on the opposite side of tlie 
 street woi-c laughinjr at it. The womnn. who is the cook and has charp;e of the 
 house, was there with me. 
 
 Messrs Coleman aifti Dlocker havinjr f>ignirieJ thnt thoy wore tlirouxli with th«i 
 witness. Col. Field pi'occcded to 
 
 THE CROSS FA'AMINATION. 
 
 Col. F. Where do j'OU live ? 
 
 Witness. At No. 17 St. Louis street, bdwecu Chartrcs street r.vd the Leven. 
 
 Col. F. llow old ai-e you ? 
 
 Witness. I am twenty-three years of ago. as* mxirly as I nn tPtnembcr. 
 
 Col. F. 11 ov,' much do you weigh ? 
 
 Witness. 1 cannot ssiy; I was weighed htst Minimor hut do nut recoilecf ho^r 
 much 1 weighed 
 
 Tho cousel m^csscd this qusction verv closely upon her, asking severally,'- do 
 you weigh 10(f pounds, 110, 120, 130.' 110, 150,? ' to cnch and all of 'which 
 I be answered that she could not saj-. . 
 
 Col. Field. How long since you caiue't II this city V 
 
 Vv'itness. About three years ago. 
 
 Col. F. Where did you come from? 
 
 W. New York. 
 
 Col. F. Who did you live with when you fist came hern? 
 
 W. With the family of Mr. Cooler, on Bnronnc street. 
 
 Col, F. Where did you go next ? 
 
 W. I went to live with the family I live with now. 
 
 Col. F. Did you live nowhere except witli (hose two families? 
 
 W, I boarded for about a fortnight witii a lady downtown, opposite .V,'a?h:ng 
 ton Square. 
 
 Counsel questioned her very coscly ns lo the name of the lady, her bueiuees 
 and how v.'itnes3 got acquainted with her, and to a variety if questions with this 
 tendency she answered to the following effect: 
 
 OVEUirAULING THE I'AST. 
 
 Witness. I do not recollect the name of the, lady. 1 biicamo acquaiuie i with 
 her through a lady and genlleman, Mr. .and Mrs. ytciger from New York, whom 
 I had known in that city. 1 met Mr. and Mrs. Steiger on the street. Do not 
 know the name of the street, having been a stranger in the city at that time. 
 I do uoc know where I was going at time as it is so long since. It was in the 
 afternoon I met them, as near as [ can recollect. I saw them once or iwico 
 afterwards. 'Dicy came to sctf mc at this lady's house. They took rce lo tbo 
 house the first timar 1 met them and 1 then engaged board there. 1 do not know 
 where they staid. Mr. Steiger was a carpenter by trade. As well us I can 
 recoiicct it was in September, two years ago, that I went to the house. 1 got 
 ricquaiuted with Steiger in Fifth Avenue, New York. They came to sec me in 
 '-'"ith street, near Fifth Avenue. I lived at Mr. lather's, who kept a carpet store 
 .1 I'roadway. I lived in New York, nliout twelve months. 1 lived in Fifth 
 \ venue before I wenb to i!Gth street. 1 lived at no other place in. New York. 
 I have been .ill through New York but never lived in any other place. 1 know 
 where the St. Nicholas hotel is. 1 boarded there last summer with a fnnii'y thai 
 I wri-i I rivaling with. ^ 
 
 Till-: STEIGER^ IN NEW VOllK 
 
 I got acquainted with the Steigors through some friend*! in New York. Thfv 
 lived in the lower part of the city. It was a dress maker Avho made me ac- 
 quainted with the Steiger:". I do'uot know where the dress maker lived. 1 wnn 
 
made acquainted witli this drc?s maker through sonin ecrvAr.t Rirl?, being a 
 pfranccr in Iho country. I suppose Mrs. Stcigcr wns an intimato friend of the 
 'Ircrs tn ikcr. wlio corifeidercd hor vcry.rospcctnh e. I wa"* in company uith Mr. 
 nnd Mrs Stcigcr and tlic drc^j^-niukcr oei t';iihuriiie etrcct when we were 
 introduced. The Louse en Washington pf|U!irc. where I boarded, was a email 
 ivucment riioh /in poor pcojile are iu the habit of occupyinj:. Thi- hou^c waaon 
 i!ie Icit hand rf'idc of the equirc as you go to the Conrthoubc. * 
 
 The Kubjoct of this boardiiif; hou-.e and c.'atharinc'a ucquainluuce with the 
 Steigcrs and her previous life was investigated in this searching mannfr 
 apparently with tiio view (o lay bnrc her past IjJMory and thercbj' obtain a 
 <-lue if possible to some cvtut or circumsiances ili:it might throw a doubt upon 
 her purity and virtue, even if not to prejudice her case in the preliminarj- 
 examination to furnisii grounds for learuiug eouicthiug of her derogotary in its 
 nature that might be brouglit >ignin«t her on a jury trial. The regular orosb- 
 ijucEfioning wa^ then resumed. 
 
 LEGAL riT-FALL^ AND WITXCiS TUArS. 
 
 Col. Field. How and where did ^W-avcr first accost you ' ^ 
 
 Witness. He came by my Bide on Chartres street, about one or two o'clock 
 and spoke to me. It was between Vicinville and St. Louis pirccts, as I believe. 
 There was* no one with me. 
 
 Col. F, V>'hcro were you going? 
 
 W. I wa3 going home. 1 had been in iho Intelligence Ufifice kept by a Mr. 
 Murphy. 
 
 Col. F. Did he walk with you 'L 
 
 W. lie only spoke to nic. lie did not walk with nic ; he walked on before mo. 
 
 Col. F. What were his words ? 
 
 W. lie asked mo did I require a eituation or did I know a respectable girl 
 who did. He told me he lived at the Corner oT Magazine and Natchez streets, 
 at)07e the drug store. He told me if I made up my mind, to come there at three 
 o'clock. 
 
 Col. F. Did you tell the woman where you went? 
 
 W. I didn't tell her where I wa:i going. She was in delicate health and 
 had company with her at the time. She had a child about a month old. 
 
 Col. F. Did you find the place without any trouble ? 
 
 W. I did not know where Natchez street was but I knew where Magazine 
 street was and I found the place easily because 1 can read. 
 
 Col. Field. Can you write also? 
 
 Witness. Yes sir. 
 
 Col. F. When you met Mr. Weaver did you ask him hiii name 1 
 
 W. No sir. I went right up stairs as he had given mc the dii-ection, into his 
 ofBce. I found Mr. Weaver in hii> office. 
 
 Col. F. AVhat time was it?/ , 
 
 W. It was about three o'clock. 
 
 CoL F. How many pair of stairs are there above the ofBoo ? 
 
 W. I think there are two short flights. 
 
 Col. F. Did he go up stairs with you ? 
 
 W. No, he sent his colored boy up with me, and th. rr I saw the girl. 
 
 Col. F. Did you go inside of a Voom ? 
 
 W. The girl took mc into the bed-room? 
 
 CuL F. How many bed rooms were there ? 
 
 W. I saw two bed rooms. It was the front room the girl took mc into. There 
 is a large verandah in front of the room on Magazine street. It affords a view 
 of Natchez street. 1 walked out on the gallery after it was dark. I went out 
 through tli^window accompanied by the girl. There arc six windows in the rootn 
 I think. This is the room I went to bed in. 
 
 These answers were given in reply to close intorogatories coDCcrDing the po- 
 sition of everything in the rooms. The witness answered with great promptness 
 and collectedness. 
 
18 
 
 RECOXXOITRISG THE MAIN FACT.-=. 
 
 Col. Field. What time did you go to bed? 
 
 V/ituess. I do not kuow -wliiit fiiuc it wns: 1 liu'l n<i tiiuc piir-. 1 snpj^sn 
 i< was about ten o'clock. 
 
 Col. Field. Did you li.ivc smiiixt wiili iliy ^^irl b'-lory ^ou v.-nt !" hcl? 
 
 Wifnch^. No sir. 
 
 Col. Fi<'lil. Did yim not cjil two nicJil- in lli.il liuuv..- iLc tirtl dsiy you v.out 
 there '.' 
 
 Witness. Vo!-, 1 cat tea uud supper there. 
 
 Colonel Field. Did Weivor int with you ? 
 
 Witness. Ho did not. 
 
 Col. Field. AVho cooked the supper .' 
 
 AVitucss. The girl did. 
 
 Colonel Field. Where did she coyk it ? 
 
 Witness. She cooked it in the kitchen. 
 
 Col. Field. Were .you with her all the time? 
 
 Witness. I was down in the kitchen a part of thf> time with fh»' girl, and n 
 part of the time in the dining room. 
 
 Col. Field. When did you get through tea ? 
 
 Witness. It was not dark when I got through. 
 
 Col. Fie!'!. Did Weaver come into the room Hl'tcr you can)o in i'lom tb" 
 gallery ? 
 
 Witness. Ves, he came in after it was dark. 
 
 COMING DOWN INTO PAllTICULAKii. 
 
 Col. Field. When you came in, did you sit down on the sofa f 
 
 Witbeas. When I first came in, I sat down on the sola. I do not know vibfsf 
 I sat down on when I camo in from tlic gallerj'. 
 
 Col. Field. Did not Weaver and you ait on the .sofa together ? 
 
 "Witness. No sir. 
 
 Col. Field. Did you not undress in that room ? 
 
 Witness. Yes, and so did the girl. 
 
 Col. Field. Did you have a night-gown there with you f 
 
 Witness. No, I had on a chemise and petticoat. 
 
 Col. Field. Did the girl sleep in a night gown ? 
 
 Witness. No, she did not. 
 
 Col. Field. IIow does the bed stand ? 
 
 Witness. The foot of the bed was towarda the windows i]iut open upon the 
 gallery. 
 
 Col. Field. Were the windows up ? 
 
 AVitness. They were not up at the time I ^vent lo bed. I -uw the girl ihnt 
 them down. 
 
 Col. Field. lIov» are tlicy let down ? J'.y liaiid i>r by weight ? 
 
 Witness. I am not certaiu which. 
 
 Col. Field. Was there a light in the room when you went to bod ? 
 
 Witness. There was a candle light. 
 
 Col. Field. Did you not engage in singing with Weaver before you went to 
 bed? 
 
 Witness. No sir, 1 did not. 
 
 SKIRMISHING DETWEEN TllK OUTPOSTy. 
 
 Col. Field. How long after you j:;ot into bed was it that Weaver got in "i 
 Witness. About an hour after. 
 Col. F. Was the light still burning? 
 Witness. I think the girl had taken the caudle out. 
 
 Col. F. Did not Mr. Weaver ask you if you. wished a liglit burning in liic 
 room? 
 Witness. No sir. 
 
14 
 
 Col. I". Were you uwaki- when Weaver come into tic room to go to bed? 
 
 Witness. I was. 
 
 Col. F. Did you f^ec liim yuU "11" liis clothes? 
 
 Witness. No sir. 
 
 Col. F. Was the bed Miiull '.' 
 
 Witness. No, it wtis a large one. 
 
 Col. F. Did you tec him ivhcu be came to ihc bed? 
 
 Witness. No, he was on the opposite fcido of the gir! 
 
 Col. F. Did you see him wlien he threw himself into tbp ''cd ' 
 
 Witness. I did. 
 
 Col. F. Was there a inosr|uito bar lo ilic bed ? 
 
 Witne-3. There was. 
 
 CoL F. Did you see Weaver raise the bar ? 
 
 Witncs.s. I did not fee him raise the bar until ho threw himself int'> tlip br.l 
 
 UNDEll THi; MOSQUITO IJAR. 
 
 Col. Field. AVas there room enough for liim betweeu you and the girl 7 
 Witness, lie pulled the girl away and threw Iiimsclf in the middle of iho bed 
 Col. F. Which side vrere you on '.' 
 Witncsc?. 1 laid ou the side of tlie bed next to the hali. 
 Col. F. Was he undressed when he threw Jiimtclf into bed .' 
 Witness. 1 don't know, he laid quiet tlicn. 
 Col. F. Did he cover liimself ? 
 
 Witness. No there was only ouo sheet on the bed. , 
 
 Col. F. Did he get under that? 
 Witness. 1 don't know whether he did or not. 
 fjol. F. How long did he lay quiot '.' ♦ 
 
 Witness. About an hour. • 
 
 Col. F. Did he not take anj* liberties during th^t timo ? 
 Witness. No sir. 
 
 Col. F. What was your position in the bed ? 
 
 Witness. I was lying on my side vrhcu he jjoi iuto the hcd ; oy fa5f> wns to- 
 ward the hall, and my back toward him. 
 Col. F. And how was Weaver lying ? 
 Witness. I think he was lying on his side, facing lau. 
 Col. F. Did he change his position during that time ? 
 Witness. Not as far as 1 kuow. 
 
 WEAVER'S JJIGI| rRlNCIPLFS. 
 
 Col. Field. During that time did he put his bands over yc-i rJ ai] '.' 
 
 Witness. He did not. 
 
 Col. F. Was he touching you at that time ? 
 
 Witness. He was not exactly touching me. ' 
 
 Col. F. How long did you lie iu that position t 
 
 Witness. For about three cju;ii'ters of an hour. 
 
 Col. F. .\t the expiration of tlic hour what did Vrca-rcr do? 
 
 Witness. He put his hands under my clothes. 
 
 Col. F. AVhcn Weaver got into bed did you git out '.' 
 
 Witness. No sir. 
 
 Col. F. What did you do tlieu ? 
 
 Witness. T said to him, go to the .St. James. He replied, you must think me 
 very unprincipled to do you anything wrong v.itli another woman in bed with 
 you, and he swore by everything sacred he would do nothing wrong to mc. 
 
 Col. F. Did j'ou not know tlierc w;is a bed in another room ? 
 
 Witness. 1 did. 
 
 Col. F. What did you do when -Weaver put his liand.s under your clu'hcs 1 
 
 Witness. I started up in bed and struck him. 
 
16 
 
 WEAVER APOLOGISES. 
 
 Col. Field. What did he do then •; 
 
 Witness. IIo apologised. T was afraid to get ohl oI bed tor t'oui- he would 
 take mfl away from the girl. 
 
 Col. V. Did you see any nnn- or wi'apona in I he room ? 
 
 Witness. No sir. 
 
 Col, F. Did he th'cateu you '.' 
 
 Witness. Ni t then. 
 
 Coi. F. Did he tell you you t.houi.i imt gn out of the bed? 
 
 Wimrss. No, but he held me by tbo i'igh( arm, his arm being around m». 
 
 Col. F. How longdid you sit up in bed? 
 
 Witness. About fifteen minutes. 
 
 Col. F. Then what did he do? 
 
 Witness, lie put his right arm nrotmd mo ;ind pull.d me down into the bed. 
 
 Col. F. How did you lie then ? 
 
 Witnes.'s. 1 laid on my side when he jmlled uk- down but ho lurned me toward 
 him so that I laid with my face to him. 
 
 CoL F. Did hn still have his right :n"m around you ? 
 
 Witness. Yes sir. 
 
 Col. F. What was ho doing with his left arm ? 
 
 Witness. IIo was doing nothing with it at that time. 
 
 Col. F. How long did jou lie that waj' ? 
 
 Witness I laid with my face to his face about twenty minules. 
 
 THE FIRST ATTEMPT AT RAPE. 
 
 Col. Field followed -with a series of questions having for their purpose to ob- 
 tain from the witness an explici* account of the first and unsuccessful attempt of 
 Weaver to effect his purpose. Her answer.s to thfsc were to the following effect : 
 
 Alter the expiration of these twenty minutes. Weaver threw himself on top of 
 me. lie then turned me upon my back. I don'i remember whether he used his 
 hands in turning nie, I was so much excited. He lifted up Jiiw clothes with one 
 ..<f his hands and I put, them down with my hands. He let me loose with his hand- 
 and leaned on my chest. H(j then lifted vip my clothes and I put them down 
 again. I had the free use of my liands at that time. He did not hold them. He- 
 found I was loo .«(rong for him at that time and he used no violence. He then 
 got off of nif*. I asked to get out of bed w.r a drink of water and he would noi 
 let me. 
 
 Col. r. How did he prevent you ? 
 
 AViftiess. He held me still with liis arm aiouud my neck. 
 
 Col. F. How did you lie when he got off of you? 
 
 Witney. I do noi remember whether I laid on my back or side. 
 
 THE SUCCESSFUL ATTEMPT. 
 
 Col. Field. WinU time was it when he committed the nipt: upon you ' 
 
 Witness. Ii wa.-i about daylight; sufifieiently so to see a person walk. 
 
 Col. F. Did ho awaken the girl first ? 
 
 Witness. Yes, fir. 
 
 Col. F. Did he .«peak to her ? 
 
 Witness. The girl got up and ho said a lew wiud-^ f.i U^r 
 
 Col. F. What were his words ? 
 
 Witness. He said : " You disobeyed me. ' 
 . Col. F. What did the girl do theia? 
 
 Witness. She went out of the room. 
 
 Col. F. Did you not ask licr to stay ? 
 
 Witness. 1 told her not to go out of the room. Whra .':he got up, I said, "I'll 
 g,et up, too," but he v.ou'd not let me. 
 
 Col. F. How did he preve0t'you from getting up ? 
 
 Witness. He prevented me by the hold he kept ou me 
 
16 
 
 Col. F. How --1(011 nfier the girl Idt ilic room .li'l Weivci iu»ike tl»o hut ni- 
 tempt '.' 
 
 Witnea:?. 'Die girl was hardly out of llic ro.mi whon ho threw himself on uif. 
 
 Col. I^, IJid YOU try to get up then ? 
 
 Witness. No, because I could 1101. 
 
 Col. F. Vou m.ade no effort then to gfi up '.' 
 
 Witness. I was attempting to get up in the hed nud lu> ihrew mo down. 
 
 Col. Y. Was tliat after he got on you ? 
 
 Witne*^.-. No. it was then that ho got ou me. 
 
 conjsumm.vtion of the OCTR.VGK. 
 
 A series of pointed interrogatories from the coini.s» 1 then elicited the following 
 description of the rape from the witnee.s. 
 
 He could not do much for some time, lie laid straiglit ou me. He h.id hi.s 
 arm around me and kept luy lelt hand to one side of me. He lifted up my clothes 
 with his left h;ind. I put down my hand but had not tlic power to pul down my 
 clothes. I put down my hand again, but he laid so close 10 my person that 1 had 
 no use ol it. When he threw himself down on me lie went between my leg.s. He 
 opened mj' legs with his left hand in getting on me. .Vfier he waijon me for some 
 time I Install presence of mind. It was at this time the rape was committed, 1 
 halloed for the girl. 1 Avas in such agony and )i!iin I do not know how long hti 
 remained on me. I had halloed lor the girl before iliai. Ho told ine I might hallo 
 as phe had gone to the adjoining buildiiig. 
 
 Col. Field. What time elapsed before tlic return "f the girl to the room? 
 
 Witness. I cannot tell what time as I had lost ray presence of mind. 
 "Col. F. HoAV did she return? 
 
 Witness. Air. Weaver laid in bed awhile, yud then go( u]i nud brought the girl 
 into the room. 
 
 Col. F. What was it ;)oii were halloing.' 
 
 Witnes.-. I halloed for the girl and I hnllocl ; •• For God's f^ake lei mc out 1 " 
 I recollect nothing alter this. 
 
 At thi.^ stage of the proceedings, about three oclocU, the Recorder remarked 
 that it was getting pretty late and it did not appear to him that the ooun«el 
 would get through with the witness for soiiie time. Col. Field said h-:» thought 
 he could finish his questions in a short time. Recorder Ernerson paid that he had 
 been sitting since nine o'clock in the morning and was very much fatigued ; the 
 examination might be postponed until five o'clock in the evening and then, having 
 eeveial hours })eforc them, the}' couM go on with it until was completed. The 
 counsel assented to this yirnpositiou -.md the llecorder declared the case continued 
 until five o'clock 1'. M. 
 
 1'0PI;LAR INDICNATION. , 
 
 The crowd in the court-room now slowly unwound itsolf i.ui uf the door and 
 down the .stairs. When it had ncarl\ dispor'-ed into the street and while there 
 was but about half a dozen people standing in the hall on the ground floor, Weaver 
 came down stairs a short distance in advance of his counsel. There had been 
 some very animated conversation among the people in the court room after the 
 adjournment, an^I sentiments of deep indignation expressed against Weaver, 
 btit it was not loud enough to attract particular attention and the object of if 
 himself was perhaps unaware of its oxistence or strength. 
 
 AVeaver had reached the bottom of the stairs and was passing through a knot 
 ■jf three or lour gentlemen in the side hall, at the Lafayette street doorway, when 
 <.ne of theiii, Air. .lames Beggs, confronted him and exclaiming; "Take that, you 
 damned old scoundrel ! "' slappeil him across the face with the back of his hand, 
 just as Weaver had looked up to see Avho it was addressing him in that manner. 
 Weaver staggered back one .step, a look of wild alarm crossing his features, as if 
 the thought had flashed upon him that it was the intention of the crowd to 
 execute lynch law upon him. Then turning quickly he started for the door and a.s 
 he did eo Mr. Beggs advanced two or three "Jteps and give him a vigorous kick in 
 
IT 
 
 the seat of his pnnts that seemed almost to lilt him off of hia feet. Weaver 
 darted out of tho door, turned quickly to tlio right and rau up to St. (.Charles 
 street at the lop of his speed, t'ol. Field adranced toward Mr. liegps and m\d to 
 him: " I observed you, sir." Mr. Beggs replied to him: "Very Avell, ."sir, I 
 suppose you did, " aud tlicu turning to the other gentlemen, who wcro laughing 
 at the ludicrous nature of Weaver's discomfiture, he remarked, rather excitedly : 
 " The villain I lie follows married ladies about the streets." (Heferriug, of course, 
 to Weaver.) 
 
 Shortly after five o'clock in the evening Weaver w.i.'j in his neat in the court- 
 room, and his counsel were present. Cjitharinc anv' her coimSel came in and 
 iSarah returned io her seat in the clerk's room. The Recorder was somewhat lata 
 aud the examination did not go on until nearly six o'clock. The court-room was 
 iust 83 crowded if not more so than in the morning and tlic audience consisted of 
 pretty nearly tiie same persons. Col. field rcKumcd his cros3-cx.imination Ri 
 follows : 
 
 Col. F. What lime did you get out oJ' bed .' 
 
 Witnees. It was about five o'clock in the morning, a^ we!l as^l cm rcoolicct. 
 
 Col. F. Did you go to bed after that'.' 
 
 Witness. No, sir. 
 
 Col. F. Did 30U dress yourself at once .' 
 
 Witness. 1 lialf dressed myself in the ucil room, and then ?at down, crying;. 
 
 C.\TIIAlUNIi; AND SAI!AK. 
 
 ( ol. Field. Where was tiie girl ? 
 
 Witnesi'. She was fanning Mr. Weaver in tlie bed. 
 
 Oil. F. Did you return to the room where Mr. Weaver was in bed after that? 
 
 Witness. I was several times in the room after my clothes before I left. 
 
 Col. F. Wiiat time did you leave ? 
 
 Witne*:.''. 1 left tlie house about two o'clock in tlie iift<'rnoon. 
 
 Col. F. Where were you during all that time .' 
 
 Witness. I remained most of tlie time in the room ih^il the ;:irl lirpt told r^ie I 
 Bhould sleep in. 
 
 f .ol. F. Did yon cat breakfast in that room'.' 
 
 V.'itness. The girl and myself took coffee in the diidng room, the one next to 
 the bed room. 
 
 Col. F. Did you not eat breakfast there '.' 
 
 Witness. 1 ate soda crackers, but did not eat anv meat, because it v.".ts Fridnv. 
 
 .\t this i>oint District .\tlorney M. M. Reynolds, wlio had come into liic couri- 
 rooui but a feW minutes before and ^at near the counsel for the prosecution, 
 watching the case with some interest, arose and after excusing himself to counsel 
 for the mtertiption proceeded to address the court in vindication of tlie witness 
 from the extent to which counsel had gone in cro?3-qucstionin<» lior. He had n-> 
 intention, lie said of taking part in the ca«e, in fact he knew notliing about it 
 and had dropped in out of mere curiosity, as "a looker on in Venice," but he hod 
 observed the tendency of the defendant's counsel to go beyond legal limits in hi;" 
 interrogations. Uf what moment to this case was it wliether the girl ale only 
 ^oda crackers because it was Friday ? Was tlierc a religious fjuestion to be made? 
 l! was the right of the counsel to interrogate the witness upon all rautiiial 
 jjoints involved in the case but he had no right to push them farther merely to 
 wound her sensibilities and embarass and annoy her. Lawyers arc too apt to go 
 beyond their limits with witncss.ses and it is the duty of the court to interfere for 
 ;l)rir protection. This speech, which was a spirited one aud timely to tho feelings 
 of the auditory caused them to forget the proprieties of tiie place and they gi-ceted 
 Reynold's words With two successive rounds of npplau.se whieii made tho officers 
 (vy out, "order I order!" indignantly. 
 
 Col. Field replied in a calm and measured tone. It was far from his inlenliun 
 or ilesire, he said, to wound tlie most seii'^itive nature or to !i>^k a Hinglo question 
 
18 
 
 thai was uot nccessnry aud pertinent to the case, but ho had his duty inwards his 
 client to perform and he should do it unflinchingly nnd claim every right that 
 belongs to counsel in a court of law. His client appenrod to be very unpopular nt 
 the present time; he had acted wrongly, inexcusably; he might be a very bad man; 
 but it does not follow from that, by ilny course of rcasoniug, that he was guilty 
 of this charge of rape, and he was entitled to as fair nnd a full trial and to all 
 the advantages for acquitting himself that would be accorded to anj- other citizen 
 of the community. 
 
 Mr. Blocker now arose and took every one in the court by surprise by denying 
 the right of Col. Field to be present at all; denying the right to cross question 
 the State's witnesses or to introduce witnesses for the defence. He went into an 
 elaborate, able and very interesting argument to prove that a comniittinj; 
 magistrate's duty was simply to take cx-parte testimony and to judge upon tiiat 
 whether there was sufficient evidence against an accused party to warrant his 
 commital for trial before a competent court of jurisdiction. 
 
 Up to the time of Philip and JIary, said he, the defendant had no right to 
 counsel in his bel^alf, the court being considered his counsel. A Recorder's court 
 is a statutory court and its duties and powers arc fixed and limited by the 
 legislative enactments on the subject. Ho read from the 8tatc Statutes to pi'Qvc 
 that nothing was said about admitting; testimony for the defence in preliminary 
 examinations and therefore, as this court has no powers except those fixed bylaw, 
 it could not admit exculpatory evidence. Coming down t'j the case in (juestion, 
 Mr. Blocker referred to its features digressively and li\unclicd forth into a severe 
 philippic against the accused, which brought forth a storm of applause from the 
 auditory. The officers of the court shouted, "order! order 1 " and Lieutenant 
 Boylan directed the arrest of one of the applauders as an example to the rest and 
 a warning to them to observe decorum for the future. The party arrested was 
 Mr. M. J. Brcuau. He Avas taken down stairs and locked up but in a few minute.", 
 afterwards, upon the application of several of his friends, llecorder Emerson wrote 
 an order for his release and he was set at liberty. This 'little incident had the 
 desired effect and after that, throughout the whole proceedings, there was perfect 
 order maintained and no uttered exprc.'^sion of feeling. 
 
 AYhen Col. Field arose to reply, Mr. Blocker denied even liis right to speak in 
 answer because he claimed that under the law he had no right to be there at all. 
 This led to sharp and spicy interchanges between the counsel which are no part 
 of the history of the case at issue. Recorder Emerson decided that Col. Field 
 could reply to the law quoted against him and he did so in a speech of considerable 
 length, quoting as his main point Justice Preston's decision on the appeal to the 
 Supreme Court from Judge Bright's Court, in which that magistrate had refused 
 to take down the testimony for the defence in writing but was required to do so 
 by the decision of the Supreme Bench. 
 
 The District Attorney had left the court-room and did not take part in this 
 argument but Mr! Blocker replied to Col. Field, taking the ground that a new 
 constitution had been framed since the decision of Justice Preston had been given, 
 and that anyhow it could only govern Justices of the Peace and had no relation to 
 Recorders' Courts which had been organized for special purposes in the parish of 
 Orleans only, by the State Legislature. It was now about nine o'clock and it was 
 agreed that as Col. Field had but a few more questions to ask the witness he 
 coidd do so then. The cross-questioning then continued. 
 
 CO^ICLUSION OF HER TESTIMONY. 
 
 Col. F. After you left the room where did you go ? 
 
 Witnes.s. To tlie dentist's on Canal street, being followed by Mr. Ueavcr's 
 brother. 
 
 Col. F. Bid you say anything about this aflair to the dentist ? 
 
 Witness. No, sir. lie insisted upon my telling him what was the matter Avith 
 me, but 1 refused. 
 
19 
 
 » 
 
 Col. r. Did you look ia at Mr. Weaver's office in going out 1 
 
 Witness. I passed the office of Mr. Weaver in going out of the house. 1 saw 
 ;;entlemen in the office next to his ? 
 
 t.'ol. F. Were you never in Mr. Weaver's office before that Thursday T 
 
 AVitness. Never, sir. 
 
 Col. Field. Why did you go into the dentist's office '.' 
 
 Witness. I went in there to avoid the brother of Mr. Weaver. 1 was afraid 
 of him. I did not want him to follow rae to where I lived. I did. not wish to 
 he disgraced. 
 
 Col. F. Did you know at the time that the man following you was Mr. 
 Weaver's brother? 
 
 Witness. I did not know it was Mr. Weaver's brother until the officer pointed 
 him out to me. 
 
 Col. Field. Did you not borrew a chemise from the girl who staid in tJie 
 house ? 
 
 Witness. No sir. 
 
 Col. Field. Did you show your chemise or tmderclothing to any of your 
 female acquaintances that day ? 
 •Witness. I did not. 
 
 Col. Field. W^ho washed your clothes ? 
 
 Witness. I washed my own clothes. 
 
 Col. Field. Where did you wash them ? 
 
 Witness. At the place where I lived, on St. Louis street. 
 
 Col. Field. Did you not ask Mr. Weaver for some money * 
 
 Witness. Xo sir, I did not. 
 
 Col. Field. Have you ever spoken wiih any person whatever on tlie lubjeet of 
 obtaining money from Mr. Weaver '' 
 
 Witness. No sir, never. 
 
 The Court now adjourned to Friday, July oth, at five o'clock. P. M. The 
 Weavers and Sarah, it appears, were afraid to trust themselves again among the 
 crowd in going home from court after Weaver's little contretemps in the lowei- 
 hall that afternoon. They passed down by the back staircase into the lockup and 
 applied to Lieutenant Boylan for protection. \ number of officers offered to 
 escort them home, and did so, although there was no sign o!' any demonstration 
 against their safety. 
 
 On Friday evening all parties were again in the court room and this time tlie 
 crowd and their intense eagerness to hear every word of the testimony were 
 greater than ever. They could not be kept in their seats but edged up toward the 
 witness stand until the front rank were leaning against Jhc back;* of the lawyers' 
 chairs. The case for the State being concluded Sarah McNeil was brought up to 
 give her testimony for the defense. She was as cool, collected and unmoved as 
 Catharine and gave her testimony in as straight-forward and assured a manner. 
 She was quite as prompt and ready, only hesitating when she was pressed as to 
 what she was hired for and what she Avas doing for Weaver, evidently not wishing 
 to acknowledge so directly tliat she was his mistress. Deinp; duly sworn s!ie 
 deposed as foWows : 
 
 S.VRAPI'S ID?: A OF THE CASE. 
 
 Col. Field. What is y«ur name V 
 
 Witness. Sarah McNeil. (She writes ii •• Sarah M^ackueal,' hu evidence tC 
 its not being genuine, as even illiternte persons who can write iheir own namn, 
 .almost invariably write it correctly.) 
 
 Col. F. Where do you livo? 
 
 Witness. .\t the corner of Natchez and Magazine fct reels. 
 
 Col. F. How long have you lived there ? 
 
 Witnelg. Hince March last. 
 
20 
 * 
 
 Col. F. Do you know the prosecutrix in this cnse !■ 
 
 Witness. I do. 
 
 Col. F. When did jou eee her lirst ': 
 
 Witness, it wa.s on a Thursday, nhout thn-o •» cKn-k, ni ihc coriu'i- vi' Niitchei 
 Slid MftRftzine sirccts, up stairs, when' T live. 
 
 Col. F. What did she sny there? 
 
 Witness. 8hc said to me that shi' was j^oin;/ id «(;iy ^iih a jtoiiiloraan who 
 v.anted .1 jrirl, 
 
 Col. 1'. I'id (she take dinner and .•»iipper tiiere '. 
 
 Witness. She did. The pfcntleinnn •vvns in and out on several occnMioi:?. 
 
 Col. F. What pentlenmn V 
 
 WitneH.M. Mr. Weaver. 
 
 Col. ¥. Dill you observe tlie conduct ol' .Mr. Weaver and Cathariue I.nlienny 
 tlint eveninc'.' If you did, state to the court what you saw. 
 
 WHAT SAli.Vn SAYS OF CATilARINi:. 
 
 Witness. .Mr. Weaver sat oa the sofa and Catharine sat beside him, and he 
 »ang a little song, .lud she leaned her head on his shoulder, and she put her arm 
 around his neck, and he put his arm around her waist. Air. Weaver asked Cath- 
 .irinc tn kiss him and .she kissed him. Mr. Weaver kis.sed Catharine. They were 
 laughinj; and fooling on the sofa till about dark. About dark .Mr. Weaver went 
 out and did not conic home until about nine o'clock. We were both in bed and 
 left- the light burning. Mr. Weaver sat down, conversed a little while and san.r^ 
 another little song. Wiicn he was ready to come to his bed he asked Kate if he 
 would ])lov> out the light. She said yes, she preferred sleeping in a dark room. 
 Jle came to bed and got in the middle. Catharine made no objection, but was 
 tickled to deatli. In the morning I got up and left theja both in bQd. They were 
 lying close together, face to face, and in each other's arms. They staid in bed 
 until about twelve o'clock; then they both got up. Kate and mo ate breakfast 
 together. .\t the breakfast tabic Kate said to mo she would get seven dollars out 
 of the old bugger. She told me not to stay there, to go with her. She told me 
 she was acquainted with a young man who told her he would take a house up town 
 if she would live with him. That she would not sleep with any ihan for less than 
 I wo dollars and a half, as it. vould spoil the business of other girl.". 
 
 Col. Field. IIow long did she slay ? 
 
 Witness. 8he staid until about two o'clock on Fridav, bid me good evening and 
 left. 
 
 Col. F. In which room did you slcv'p .' 
 
 Witness. I slept in the front room on the corner of Magazine and Natchez 
 streets. W'c all slept there. 
 
 Col. F. llow^ many widdows has that room 7 
 
 Witness. Six. 
 
 Col. F. Do the windows open on the gallery ? 
 
 Witness. They do. 
 
 Col. r. Were the windows down or up that night ? 
 
 Witness. They were up. 
 
 Col. F. Where was Mr. AVcaver when the girl went awny ? , 
 
 Witness. He was down stairs in his ofiice. 
 
 This concluded the examination in cliief and the wUno.-a wni turned over to 
 the counsel for tlie prosecution for the purpose of a 
 
 CKOSS-EXAMINATION.* 
 
 Mr. Coleman. How old arc you, Sarah V 
 Witness. I am sixteen years of age. 
 Mr. C. Have yo)i any parents or guardians in the I'ity ' 
 Witness. No, sir. 
 
 j\Ir. Coleman. Have you not an aunt or an uncle '/ 
 
 \S'itnes3. Neither aunt nor uncle. X h.avo a Bister living »omcwherfe, but I 
 don't knov.' where ehe ie. I have not Eecn her since I was six years old. 
 
21 
 
 Mr. C Where were you born ". 
 
 Witness. I was born and raised in this ciiy. 
 
 Mr. C. Where were you living before you went to Mr. Weavers .' 
 
 Witness. I lived at the corner of Bacchus and Thalia streets, with Mrr?. Arm?: 
 -Mrs. Amies stays Avith her mother. I -^a there as one of the fnmilj'. 
 
 ^Ir. C. llow long did you remain there ? 
 
 Witness. Eight weeks. 
 
 Mr. C. Where did you live before that '.' 
 
 Witnes". On Felicity road, between liarchwK and Uryadex' streel-j with Mrs. 
 French. 
 
 Mr. ('. Wliat were you doing there .' 
 
 Witness. I was doing house work. 
 
 Mr. C. How long were you there .' 
 
 Witnes.''. Three months. 
 
 Mr. C. Where were you liefore that. 
 
 Witness. I was with Mrs. and Mr. Creusiiaw fin- ciyht yenv in Jetfer.^on City. 
 
 Mr. C. What business is Mr. Prenshaw in '.' 
 
 Witness. lie is r., carpenter. 
 
 •Mr. C. What were you doing there . 
 
 Witness. I was living there as one of the family. 
 
 Mr. C. Were you there under wages ? 
 
 Witness. No, I was onlj- getting my clothes. 
 
 Mr. C. How old were you when your molher and father died f 
 
 Witness. I w.as seven years old. 
 
 Mr. C. .\re these the only jjlaces you were ever in .' 
 
 Witness. The only ones except Mr. AVeaver's. 
 
 -Mr. C. Were you ever in the House of llefuge ? 
 
 Witness. No. 
 
 HOW S.VRAH (.;0T INTO Wli.WKRS HOUSE. 
 
 Mr. C. How did you come to go to Mr. Weaver's ? 
 
 Witness. I met a woman named Jane on (he street while I was looking tor u 
 place, and she lirst brought me there. 
 
 Mr. C. Where did j-ou meet this woman '.' 
 
 Witness. It was about .Second street. 
 
 Mr. C. Did she accompany j-ou to Weaver' ,s house ! 
 
 Witness. She did. 
 
 Mr. C. Did she go into the hou.se with you '.' 
 
 AVitness. Yes. 
 
 Mr. C. Did she introduce you to Mr. Weaver? 
 
 Witness. She took me up stairs into the room acd f saw Mr. Weaver there. 
 She remained there with me. 
 
 Mr. C. How long did she remain there 'i 
 
 Witness. She remained there for two weeks :Mter 1 went (o the house and then 
 left. 
 
 Mr. C. Was the girl living there? 
 
 Witness. She was. 
 
 Mr. C. What was her name V 
 
 Witness. The only name I ever knew for her wa.^ Jane. 
 
 Mr. C. Where is she now ? 
 
 Witness. I do not know. 
 
 Mr. C. How old was she ? 
 
 Witness. She was a woman, I think, of aboui thirl}' years of age. 
 
 Mr. C. What was she doing there? 
 
 Witness. She was living in the house and doing the work of Mr. Weaver 
 
 Ml". C. What kind of work. did she do for Mr. Weaver? 
 
 Witness. She cooked two meals a day for him while she was thera. 
 
 Mr. C. Is that all the work oho did for him V „ 
 
 { 
 
22 
 
 Witness. That's all the work slie did lor Mr. Weaver t'x<'0|.i wiiii she did lor 
 herself. 
 
 Mr. ('. Who did yoiir .sewing'.' 
 Wiiuess. I sewed my own clot lie.-. 
 Mr. ('. Did you have a great deal to ^i .' 
 Witness. No, I did not have much to ". 
 
 WHAT .S.VR.VII IS HIUKD IttU. 
 
 Mr. <'. Wliat are you hired for '.' 
 
 Witness I am liircd to cook two meals a day and to dean up the liou.-ie. 
 
 Mr. C. When the Avoman Jane was there, where did yon .'deep ? 
 
 W'itness. She slept in the kitchen I 
 
 Mr. C. Where did you sleep '.' 
 
 Witness. I slept witli Mr. Weaver. 
 
 Mr. C. Are you married to Mr. Weaver ? 
 
 Witness. No, I am not. 
 
 Mr. ('. IIa,ve you slept in the same be'l ever siiun-? 
 
 Witness. I have. 
 
 -Mr. C. Have other women subseqnenlly slejit in tlie same hod witli Mr. Weaver 
 and yourself? 
 
 Witness. Yes, two or three have. 
 
 Mr. C. Did j'ou goto bed voluntarily v.iih Mr. Wcuvi-r tlie first iin;e, or were 
 you force<l )>y him ? 
 
 Witness. I went voluntarily into bed witli hiui. 
 
 Mr. C. Have you staid witli any other man before you did witli Mr. Weaver'.' 
 
 I'ol. Field. 1 object to that question. 
 
 Mr. ('. I waive it then. (To the witness:) When Cathniliie came to tlie house 
 did she not enquire of you the character of the place? 
 
 Witness. No. She told me she was going to stay there. .She did not ask if ii 
 w as a proper liouse. 
 
 Mr. C. Have you not feltjoalou.s towards the oilier girls wliom Weaver brought 
 into bed with you? 
 
 Witness. Yes, I was jealous of Kate (meaning the prosecutrix ) and aiiolhei- 
 girl. 
 
 Mr. C. Now tell me, liavc you not had conversation with Mr. Weaver since liis 
 arrest about this case? licraember, j'ou are under a solemn oath ! 
 
 The witness glanced around towai'd Weaver, who was sitting in front and a littlo 
 10 the right of her, beside liis counsel, but Mr. Coleman at once perceived her 
 straying glance and qurckly and empliatically said :•' Don't look at Mr. Weaver. 
 Answer me that (jueslion, and remember (hat you are under oath 1"' Sarah im 
 mediately returned her g.ii-.e steadly upon Mr. Coleman's eyes and answered 
 lirmly :" No I" 
 
 SHE NEYEll SI'OKK OF TllH ("ASK. 
 
 Mr. C. Have you ever lind any conversation with any other person about this 
 case ? 
 
 Witness. (For the first time appearing annoyed, and in n slightly peevisli tone.) 
 No ! I tell you. 
 
 Mr. C. Since the arrest of Weaver have you been st.ayiiig Willi liim? 
 
 Witness. Yes, I liave, 
 
 Mr. C. And sleeping in the same bed with him ? 
 
 Witness. Yes. 
 
 Mr. C. And has he never referred to this ca.so or mentioned a word about it to 
 you while you were in bed together ? 
 
 Witness. No. 
 
 Mr. C. Since his arrest lias he nouleyou any prcoiils or promised you any, or 
 offered you any reword ? 
 
 Witness. No. 
 
23 
 
 Mr. (.'. Uns be given you any money whatever, or an\' jeweli y or flresFoa ? 
 
 Witness. No. 
 
 Mr. C. Do you intend to continue staying with him? 
 
 ("ol. Field, i object to that question. 
 
 Mr. C. Well, I waive it of course. (To the witness. :) ifavc you ever stated 
 to any one that you were bound to testify to whatever Mr. Weaver directed you 
 to do? ' 
 
 Witness. No. 
 
 Mr. C. Did you not tell Cnthariue that she was not the first woman ruined 
 in that house ? 
 
 Witness. No, Mc did not speak of anything of the kind. 
 
 Mr. C. Have you not stated to Mr. Aleck Moynan, an officer of this court, 
 that you were bound to tell anytliing that Mr. Weaver told you to, that would get 
 him out of this difficulty ? 
 
 AMtncss. No. 
 
 Tho cross-examination of Sarali being concluded, Recorder Emerson announceil 
 that he .should continue the case until Monday, July 8th. at four o'clock, ]\ M.. 
 punctually. 
 
 Monday afternoon cnnic and the ci'owd in the llccorder's Court was greater than 
 ever. It was useless to attempt to hold the outer gate after the seats were 
 all occupied: so man}' poured up against it accosting the officer with the swcctesi 
 of smiles and the most insinuating pica for admittance one by one that liis heart 
 melted before them ami soon the whole room was packed with the people, while a 
 militarj' company, in full strength and accoutrements, blocked up the upper win- 
 dow that opens upon the passage leading to the drill room above stairs. The 
 weather Avas of tho hottest description imaginable, and the perspiration almosi 
 steamed otf of the curious ci'owd and arose to the ceiling in any but fragrant 
 clouds. Handkerchiefs were decidedly at a premium and they could be seen in 
 every style and variety through the swaying, living mass, traversing and 
 re-traversing the sweaty brows, checks and necks of their boiling owners. AVifh 
 their quickly accumulating moisture they were soon iu the same state that 
 Catharine describes her night clothes after flying all night in Weaver's fiery 
 embrace. Allhough the case had been set for four o'clock, it was after five when 
 Recorder Einerson made his appearance and took his seat. 
 
 The counsel for the prosecution had given the court a long list of witnesses, 
 including some of our first citizens, to be subpoanad, that their evidence could be 
 taken ou this occasion as rebutting testimony, to prove that Sarah was nothing 
 more than a common little strumpet, and thus destroy any weight that might 
 attach to her storj'. AYliich of these witnesses were to prove such a character for 
 Sarah or whether any or all of them were to do it will not be positively asserted 
 here. The nature of their evidence will be seen when they are called up in 
 in court to testify. The Recorder having directed their names to be called they 
 were told off by the clerk, as follows : 
 
 Mr. Finley, Mr. Bloom, Mr, X. Lambert, Mr. ('ommagero. Mr. D. E. Morphv, 
 Mr. M. J. Brenau, Mr. Crickard, Lieutenant Eoylan, Mr. Couris, Dr. Moss, 
 Mr. T. yi. PeMott, Mv. Montgomery W'atson, Mr. Joseph Ross, Mr. Robt. Meyer, 
 Mr. Victor Savage, .Mr. Robert Ayles," Mr. A. McMahon, Mr. L. Fillev, 
 Mr. F. Ciieler, :Mr. N. M. Benechi. 
 
 Of this number only three, Messrs. Finlej', ]>renan and Ross, answereiK 
 \ general look of surprise was evident upon the countenances of the auditors. 
 That one or two should be absent would not have seemed strange, but that out of 
 twenty witnesses summoned seventeen sliould have refused to obey the order was 
 really surprising. AVhat reason could they have had for i-taying aAvay? It was a 
 case in which a man's life hung upon the result. 
 
 After some explanation between Mr. Coleman, tlic Recorder and the clerk as lo 
 the manner in which the witnesses had been served with the subpoena, Mr. Colemau 
 .asked for attachments to bring into court Messrs. F. Cooler and N. M. Benechi, 
 as he said they were very important witnesses for him. The Recorder directed 
 the clerk to make out the necessai-y attachment, when Col Field arose. 
 
24 
 
 Ue remarkeil that he had certainly understood the prosecutiou had closed with 
 their evidence on Friday evening, and consequently it would not be proper to ad- 
 mit more teatimony in chief for them. They could only introduce rebutting tes- 
 timony at this stage of the caao. If the witnesses whose names had been called 
 were for the purpose of contradicting or invalidating Sarah's evidence, then they 
 would be ndmissuble. 
 
 Mr. Coleman replied ihat they had a right to introduce rebutting testimony at 
 nuy btagc of the case, and lhat all of the witnesses who«c names he had handed 
 in were for that purpose. 
 
 WEAVER .VB.VNDONS THi: CONTEST. 
 
 (.^ol. Field tiieu arose and spolcc to the following eflcct : "To make a short 
 story out of a long one ; and to relieve your Honor from b'ing further taxed in 
 this case, which has been prot railed to f-uch an unexpected length, and which it. 
 .'•ppears the gentlemen propose to make still more lengthy, I will ask your Honor 
 10 commit (he accused for trial before the First District Court. This will place 
 the case at once before the final tribunal in the matter, and 1 do it to save lime, 
 not that 1 have the least doubt of what the i-esult would be in this- court." 
 
 This unexpected and sudden termination of the examination took every one by 
 •uprise and there was a dead pause for about a minute which was broken by 
 Mr. Coleman" .s remarking: '• AVell, wc are satisfied, of course. " The Recorder 
 said:" Well, I suppose if there is probable cause I am bound t) commit him for 
 trial.' Mr. Coleman intcr]iOsed that if the accused v.ns isnxious to avoid the re- 
 liuttiiig testimony, whicli would crush out every vestige and hope of the defence, 
 they were perfectly at liberty to waive a further examination. Col. Field replied 
 that he was not at all alarmed at the array of witnesses bi-oughl forward by th',* 
 prosecution but the accused would bo more s.atisficd by a complete vindication of 
 himself before the hnal tribunal. Mr. Blocker remarked that he approved of his 
 friend's coui-se highly in bringing to a close this investigation which wa? exciting 
 the public mind to so high a pitch against his client as every further dcvelopc- 
 mcnt came out. Col. Field answered rather tartly that he did not. care one iol;i 
 v.hat the opinion of the gentleman was in the matter : he had ncfed without any 
 regard to the obtaining of that gentleman's approval. 
 
 WEAVER HAS TO GO TO PRISON. 
 
 ■Jhe Recorder here obsei'ved : "I commit the accused for trihl before the First 
 District Court." Col. Field rem.arked : " Please endorse the paper as having done 
 so at the request of the counsel for the accused." Mr. Coleman then inter- 
 posed : "If your honor does so, please add: and with the consent of the 
 counsel for the prosecution." Col. Field did not see what their consent had to 
 do -with it. If he chose to waive the examination he rould do so. Mr. Colciftau 
 said it had all to do with it. They had rebutting evidence to olf..-r and it was 
 their right to present it then if they chose. They had three witnesses present 
 but have waived the examination ot' them. The Fiecorder endorsed (he aftldavil 
 as requested by both parties. • 
 
 Col. F. What is the amount of bail your honor deems tiocr^-sary : 
 
 llecorder E. 1 cannot admit Mr. Weaver to bail. 
 
 (.'ol. F. (with a slight exhibition ol astonishment. ! Wliy, yuiir hi.nur linKth" 
 wax'rant of Judge Collens to do so. 
 • Recorder E. " I will read you tlie order of tlie First District Court, i He reads it) 
 
 Now if I commit him for trial it is evident that there must be presumption 
 sufficient, therefore 1 do not feel authorized to admit him to bail. He must go tn 
 prison to-night and you can take means for his release by habeas corpus or <i)h<^r 
 jiicans to-morrow. 
 
 Mr. Weaver was uow called within the bar of the court and taken charge of by 
 the officers, while the crowd in the courtroom slowly dispersed, evi.lentiy disap- 
 pointed at not hearing some more witnesses. ,_ 
 
 This is the end of the case for a number of months at least, as the First District 
 Court stands adjourned for the summer and there are a number of other cases 
 before it on the docket for the fall terra. 
 
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