People v. Bates

Decided August 22, 1823

Court Of Oyer And Terminer New York · decided 1823-08-22

The prisoner was indicted for an assault and battery, with an intent to commit a rape on Anne Cubes, who was not present at the trial. She and her husband were transient persons and foreigners, and there were strong reasons to believe they had been hired to go off by the friends of the prisoner. Brown, the principal witness, who resided in Canada, had been offered a sum of money if he would not appear against the accused.

Decided 1823-08-22

Walworth, Circuit Judge.

¶1The testimony of the person injured is not absolutely necessary in a case of this kind; which differs materially from the case of an actual rape. This is only a question of intention. That question the jury must determine from the cireumstahces of the case. And I can hardly imagine how they could he made stronger, if the woman was herself a witness. If she could explain these circumstances so as to make them consistent with the innocence of the prisoner, it was his duty to procure her attendance at the trial.

¶2The jury found the prisoner guilty, and he was sentenced to seven years’ imprisonment, in the state prison.