Rensselaer Semi-Weekly Republican, Volume 36, Number 100, Rensselaer, Jasper County, 9 August 1904 — Frank Wallace Bound Over [ARTICLE]

Frank Wallace Bound Over

Frank Wallaoe, the Kersey yonng man arrested Saturday morning on oharge of criminal assault on Edith Levi, a girl nnder 14 years old, was held Saturday afternoon and evening, before Sqnire Troxell, in the ladies waiting room, Ht the court house. R. W. Marshall represented the state and Jesse E. Wilson the defense. The first aot in the drama was an order by the Squire for Constable Vick to fire out all minors, wbioh he did with so mnoh thoroughness that even a law student of Michigan University, and who of oourse was interested in the case onlv from the law points involved; had a olose esoape from being sent out. The girl said she was 13 years old last May, whioh statement her father made also, This point of age is very important m this case, the age of oonsent being] 14 years in this state. Aooording to the girl’s story her sister, with whom she lives, sent h:r vto Kersey, a mile distant, about 5:30 Friday morning to buy some hose and yeast. She got there way ahead of the store keepe r , and in passing the time walked to the grain office in front of whioh were Bart Knight and Frank Wallace. She seems to have been on familiar terms with Knight, and stopped to talk with him. Then according to her story, he poshed or pulled her into the office the door of whioh closed with a spring lock. It does not appear that she resisted being taken into the offioe very strenuously. When Knight went out she tried to go out also, she says, but still aooording to her 6tory, Wallace came in and would not let her out. Tim details of the Knight side of the affair were not gone into, »s he esoaped arrest, but she says 9b« resisted Wallaoe. though evidently not very vigorously; and Mie admits she did not scream nor oaii for help, though she knew that people were outside the store, not 100 feet distant, who could easily have heard her. When she was permitted to leave the office, she walked baok to the store, evidently as ohipper as ever, or a little more so, and jollied a man named Bryant, playfully knocking off his hat, and telling him to "piok up his manners.” t

She bought her artioles at the store and went home, arriviog about 7 o’clock, but not until after her sister and husband had started to Bentcn county on a visit. She mgt her father, just starting after a load of wood, but said nothing about her trouble to him then. About 10 o’clock he came in, and sue was orying, but admitted that she had not cried until he oame. She did not tell him her troubles then,'but did about noon, upon whioh they oame at onoe to Rensselaer and swore ont warrants, On the witness stand she obeerfully ohewed gum, and Bhowed little of the sorrow and nervousness she seemed to experience the evening before; nor was there any evidence or indication of either mental or physical distress. One or two witnesses oorreborated the girl’s evidence, to the extent of having seen her walk out towards the grain offioe and come from tha; direction, after a considerable lapse of time. Wallaoe denied point blank having gone into tbe grain office at all, hot says when Knight and Edith went in he got up and went away. By the testimony of a man named Stevenson, he also presented some sort of an alibi. The Squire decided that under the evidenoe, he was justified in holding Wallaoe to the oirenit oourt and with bail of SBOO required. Under the law in this state carnal knowledge with an unmar- * i •

ried female nnder 14 years of sge, with or without consent, is defined as rape, with punishment of not less than one year in prison or reformatory. Wallaoe is 23 years old and .» seems to have borne a good reputation in his oommnnity, wbioh seems to be more than is said about bis alleged partner Knight. Bail bad not been furnished when we went to press, but it was expected that it would be, before night. In oonolnsion it is not amiss to add that while the evidence strongly tends to prove a criminal assault, as defined by law, it does not at all bear out the first reports of a cruel and rnthless ontrage.