Show CASE OF Confronted by IJ and Her un Courts Christopher second trial for tor forthe forthe the felony telony of ot carnally knowing n a te fe female male the age of ot consent was Willi commenced before Judge JUllo Stewart and anda a Jury this thin morning Harrington San Sanford Sanford ford ton and Richards havo have charge of Hit HII bergs berga defense Almost tho the entire fore tore forenoon forenoon noon lIoon was wa taken up In Impaneling u i jury was tried In September 1899 before Judge Norrell and found guilty gUilt as charged An All appeal was taken to tl the Supreme Court ou rt which on n MayS 3 last handed dOwn doMi n an 1111 opinion reversing tha thu judgment bf t tire the court and arid re remanding manding the cai en cau u with directions to grant cran t a I new trial Thu rho prosecuting witness Annie Ward was sas III In court this morning with her liar baby girl sleeping peacefully it II ither Ither her lap 1111 u II silent witness to tn the guilt of ot her seducer At tire tha time of ot tIre the alleged felony telony she sho was as under sixteen years of or ago age and ann was working ns as a II servant In the home borne of ot the tho defendants mother ut at Mill Creek Tho rho opinion reversing tire the action nation of ot the court below Is li writ written wrItten ten by hy Justice Miner Minor One of oC the tho chief objections advanced In It is that the tire Information against Hilberg corn con contained but one count alleging the th corn com commission mission lon of or tho the act art on a Ii day specified Thu rhu trial court permitted the prosecution tion to Introduce nix r x distinct acts neta or ur crimes to be strewn In evidence before the jury as having occurred In 1 97 rind 1693 during fi a period of ot fourteen months without requiring any to be made m 1 0 and allowed the case to BO Hr BOto g to tho the jury upon all the several acts shown when only one ano act was or could be bo charged against the tire defendant Such Sucha a course was calculated to confound distract and ancl confuse the tho defendant In his defense Tho The course courso pursued sub tIre the defendant to the risk ot of con upon nix charges occurring at different times rind places against which ho could not he ho expected to ho he prepared to defend and atril yet ct n or acquittal on one would be no nobar nobar nobar bar to a I future futuro prosecution of at any all ex ax ept capt t tho first act shown Such n a course cours deprived the defendant of ot n a fair trial urn and compelled him without warning to defunct defend against acts at of ot which he Ire had hill no warning Tho Tire Jury which was finally Impaneled to try tho the case Is 18 George Alma AlmaH AlmaU H U Davis DaIs J E B Frank J II n 11 11 In D I Wells Peter and Phares Wells Wella Jr At itt 1139 1120 u a m on Cli of or Prosecutor tor toy the tho jury was excused till tilli i J arguments were being presented to the court on the tho matter mailer of the tire defendant being tried only on one ono act net The Ihle defense argued that at the former trial the tire prosecuting witness having been allowed to testify to an nn act occurring before that named In the tho In Information Information formation against the tire defendant trial must now irons 1101 be bc had on that act net only The Tire prosecution claims that action may bo be betaken taken on any an act prior to the not act In tin the Information but the defense that an election having been made mario the State Stilt can cnn only prosecute on the one act elected viz Iz on February 15 IMS 1898 IMSOn On thu opening of court this alter after afternoon noon Judge Stewart overruled the tho mo motion motion motion tion of ot the defense defence In tho tire Hilberg case casu u tJ bind the tho prosecution town down to date nate mentioned In Iii the tire Information tiled flIed at al atthe attire tire the former trial February 15 I 1808 The ourt ruled that tho t nfl nR at lit tire the former trial r I of several specIfIc nets acts prior to tho the unto date In iii the tire Information been heon to be bo Introduced Into tho the te and the tiro Supreme Court hav haY havIng havIng Ing lag ordered n a neif ner ne trial principally on this lOund the tire State was sas now at lib hib liberty erty to elect any date It saw nt fit |