25th February 1719
Reference Numbert17190225-48
VerdictNot Guilty

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, was indicted for a Rape by him committed on the Body of Bridget Stevenson on the 6th of May last, she being an Infant at that time under the Age of 10 Years . The Girl deposed that in May last the Prisoner committed the said Rape and enter'd her Body in her Father's Kitchen, that she would have cry'd out, but he stops her Mouth, that he did so two or three times, but did not discover it till about a Fortnight ago, when her Mother ask'd her whether the Prisoner had kist her, and she told her the whole matter. Eliz Eyles said she was Servant in the House, and that the Prisoner entie'd if the Child into the Shop, when the cry'd out, and she going, in to her Assistance took the Child out of his Lap, that her Coats were up all round, his Breeches indeed were not down, but his privy Parts were out; and being ask'd by the Court why she did not discover it, said, because the Child begg'd her not for fear her Friends should beat her. Another time on a Sunday Night the Child cry'd out, and she went into the Kitchen, where she found the Child sitting in a Chair with her Coats up and the Prisoner standing before her, when she came in the prisoner went away. After a Fit of Sickness the Child had. she ask'd her why she went in to be kist, she answer'd, that he entie'd her with Shells and other playthings: This Evidence also said that she wash'd out a Shift of hers stain'd with Blood; and being ask'd why she went away, she said the work was too hard for her. J. Philips , Journyman to Mr. san deposed the prisoner had owned to him that he had leyn with her several times in May last, both forwards and backward; and that he had the fool Disease, and he told his Master of it, and that made the Discovery; and that the Prisoner confest before the Justice that he had layn with her both ways in May last, and being ask'd by the Prisoner whether he never declared that he was a Witness for fear of his Master, who he owed Money to, be answered , No. James Parual and Ambrose Stevenson corroborated the former Evidences. John Donglas the Surgeon deposed that he inspected the Child the 18th of February, and found her privy parts inflam'd, and when he open'd it the Child cry'd; and when he endeavour'd to put his Finger in she cry'd very much, for it was very much inflam'd; then be made use of some Oyl and his Finger came out Bloody; he further said, that they told him that she Injury was received three Days before.

The Prisoner denyed the Fact; and as to his Confession, he said he was in a very great Surprise, and that it was extorted by their promising to forgive him, and that no harm should come to him. The Prisoner's Brother deposed, that he went with Mr. Walbank , a Surgeon, to Mr. Stevenson's House, to desire him to let the Surgeon have a View of his Daughter; but he not being at home, her Mother told them she could not tell what to say to it, unless their Surgeon was there; whereupon a Woman came down Stairs and abused them, and said they should not see the Child; to which the Surgeon reply'd, that he did not desire to inspect the Child by himself, but that they would appoint a time when their Surgeon should meet him, whereupon she said her Surgeon would be there at 9 a Clock that Night; accordingly they went again at 9, and were told that he was not come, not they could not tell when he would; that they went the next Morning and were denied admittance , or that the Master was within. tho' this Evidence saw him through the Window. He likewise deposed that he met John Phillips in the Street, and falling into Discourse with him, said, Phillips had told him, that he was sorry he must be an Evidence against his Brother, but he was obliged to it by reason he owed his Master Money; whereupon he went with him to a Tavern where Mr. Walbank and Mr Pappet were present, and where he again declared the same, and likewise that if he would pay that Money for him be would be an Evidence for the Prisoner, and showed him a Paper of Instractions what he was to swear.

Mr Walbank and Mr Pappet confirmed what pass'd at the Tavern, and further deposed, that the find Philips told the Prisoner's Brother that he was a stingy Fellow not to give 4 l to save his Brother's Life, when his Master offer'd him 20 or 30, but it went against his Conseience to take it. Mr Walbank also confirmed what was swore before concerning his going to inspect the Girl, and added further, that he could not believe that the Girl could be in such a Condition as pretended, after such Usage as has been before mentioned The Jury considering the whole Matter Acquitted him.

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