DAVIS, Fanny - Fountain County INGenWeb Project

Last Friday morning Miss Fannie Davis, accompanied by Mr. and Mrs.

George Neal, came to this city and after a consultation with prosecuting

attorney, James W. Brissey, swore out a warrant for the arrest of Claude

and Harry McBroom, on the charge of rape. The McBroom's are cousins and

members of one of the best families in Cain Township, and the news of

the affair caused quite a sensation in the locality where they reside.  

Sheriff Cal Scherer and deputy Dave Adkins went to Hillsboro on Saturday

night to make the arrest and succeeded in securing Claude, but Harry was

not to be found.  However, Sheriff Scherer soon located his man at the

home of an uncle 8 miles south of Lafayette where he had been working at

different times.  So on Saturday evening the sheriff sent his deputy and

Elmer Elwell after the game, and they succeeded in making the arrest at

2 o'clock that night.  On Sunday morning the prisoners were both snugly

ensconced in the county jail.  The preliminary hearing was postponed to

Wednesday, when at 11 o'clock in the morning the prisoners were

arraigned before Esq. L.P. Miller, who, after hearing the evidence in

the case, bound them over to the circuit court in the sum of $1,000

each.  Failing to give the required bond they were returned to jail.

The facts in the case as brought out at the preliminary examination are

as follows: Fanny Davis is a rather small girl of 18 years. Her parents

parted many years ago and neither of them being able to care for the

girl she was sent to a reformatory when but 10 years of age, where she

remained until a few weeks ago, when she returned to this county and

went to live with Mr. and Mrs. George Neal, about 3 miles NW of

Hillsboro. Recently while visiting one of the neighbors, she met Claude

McBroom, a young married man and whose wife is a cousin to Miss Davis.  

A few days later he went to the Neal residence on a bicycle, and calling

Fannie out to the fence, asked her if she did not want to go and see his

wife, saying that he would call for her in a buggy that evening and

bring her back the next morning.  Fannie asked the Neals what she should

do and they told her to go, that it was right that she should visit her

cousin, Mrs. Claude McBroom, so she told Claude that she would go.  He

then told her he would either come himself or send his brother for her

that evening.  At about 8 o'clock Harry McBroom, a single man, drove up

to the Neal residence in a buggy, and it being too dark to distinguish

the difference Fanny supposed it was Claude and got into the buggy. They

had gone some distance before she learned her mistake.  She asked Harry

who he was and he told her he was Claude's brother, that Claude was busy

and could not come after her himself.  In a minute they came across

Claude who was waiting at the side of the road.  He got into the buggy

without saying a word to either of them.  The two men then began to talk

about getting another girl and then Miss Fanny began to suspect that

they meant mischief. They drove to the house where they said they were

going to get the girl, but did not stop but drove on to some town.  Miss

Davis is not acquainted with the locality hence was not able to tell in

what direction they went or where they stopped, but she thought the town

was Hillsboro, where Claude's father, Seldom McBroom is engaged in

business.  Here Harry got out of the buggy and was gone a few minutes,

returning with a bottle of beer. They also changed horses here and then

drove NW as she thought Fannie then said to Claude, "I thought you was

going to take me to your wife."  He replied, so I am not going to take

you there, and then made indecent proposals to her which she indignantly

spurned, saying she was not that kind of a girl.  He said he was going

to have his way whether she consented or not, and grasped both of her

arms, holding her while Harry Attempted to assault her. They struggled

for some time and failing to accomplish their purpose, desisted and

endeavored to persuade her, she still refusing and the struggle was

renewed.  After two unsuccessful attempts, Fanny became completely

exhausted, and Claude was enabled to hold her while Harry accomplished

his purpose. Afterwards Claude endeavored to accomplish his purpose

through persuasion, but being repulsed ceased to bother her.  The two

men endeavored to fix up a tale by which they could account for their

long absence, but the girl refused to have anything to do with it,

saying she intended to report them to Mrs. Neal as soon as she got

home.  Claude said he would tell his wife he stayed at his father's

store. The two men kept Fanny in the buggy until about 2 o'clock when

Claude got out of the buggy and walked back to Hillsboro, while Harry

took Fanny home.  The girl at once told Mrs. Neal what had happened. The

Neal's were told to wait until the next term of court and place the case

before the grand jury, but after thinking over the matter, they went to

Newtown and consulted Attorney O.M. Gardner who advised them to come to

this city and place the case in the hands of the prosecuting attorney.  

At the preliminary examination, A.B. Anderson, a prominent attorney of

Crawfordsville, looked after the interest of the defendants, while J.W.

Brissy prosecuted.

At the next term of court the matter will be placed in the hands of the

grand jury and a true bill of indictment will probably be returned when

the defendants will be tried on such indictment and not on the warrant

as sworn out by the girl.

In the struggle to defend her honor the clothing of Miss Davis were torn

into shreds and their condition plainly evidenced that an outrage had

been committed.  A physician who made an examination will also bear

evidence to that fact.

Miss Davis told her story in a straight forward manner that created a

favorable impression.  During her cross examination, Justice Miller

seemed to think that Mr. Anderson was trying to bulldoze her and he

consequently sat down real hard on the attorney.  The McBrooms made no

defense although they strenuously deny their guilt and will undoubtedly

make a hard fight when the case comes up in court.  The charge against

them is rape and the penalty for such a crime is confinement in the

penetentiary for a period of not more than 21 nor less than one year -

Covington Republican. - transcribed by kbz

The jury in the case of State vs. Claude and Harry McBroom failed to

return a verdict Saturday but all agreed it will have to be tried

again.  The suit was filed by Fannie Davis who charges the McBrooms with

rape. The men bear rather bad reputations it seems from the testimony

offered at the trial.

The Attica Ledger says the result of the trial of the McBroom boys was

one of the greatest surprises in Fountain County for years. The jury

stood nine for conviction and three held out for acquittal.