Barrett v. People

The plaintiffs in error, Charles Barrett and Arthur McMurray, were indicted in the criminal court of Cook county, with Nicholas Busch, for rape of Nora Sherrill on Febru"ary 8, 1905, between seven and eight o’clock in the evening in the saloon of said Busch at 214 Wells street, in Chicago. Plaintiffs in error were tried, Busch not being present or tried, and they were found guilty and sentenced to the penitentiary.

The question whether the evidence justified the verdict and sentence depends wholly upon the credibility of the witnesses. Their testimony cannot be reconciled upon any theory, and…