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1st March 1721
Reference Numbert17210301-58
VerdictNot Guilty

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of St. Ann in Westmister , was indicted for committing a Rape on the Body of Susannah Gilman on 7th of November last. Susannah Gilman deposed, that she was Servant to Mrs Thomasin Jones in Pulteney Street near Golden Square ; that the Prisoner came the Night aforesaid so their House to enquire for a Gentleman; that her Mistress being at a Neighbour's hard by, she sent his Footman to call her, and while he was gone, the Prisoner laid Violent Hands on her, and got her from the Parlour into Mistress's Bed Chamber, that in so doing (she having the Candlestick in her Hand) he burnt her; that she cry'd out, and struggled with him as long as she had Breath, but there were none but themselves in the House; that she was about 20 Years of Age and a Virgin before, but not afterwards, that when her Mistress came, (which was in about half an Hour) the House was on Flote; and being askt, said, that she did not cry out when her Mistress and his Servant came back, because he threarned to kill her If she told her Mistress; that she was without her Headclothes when she let her in; and that the Prisoner and his Man went away in 3 Minutes after her Mistress came. And being askt several-Questions by the Prisoner, answered as follows: That her Mistress kept a Private House, and none came there but the Prisoner and another Gentleman. That she could not tell how long it was before she went to the Justice for a Warrant. That she never went to his Chambers after, till he sent for her; and that she never demanded Money of him. That she went to him to Newgate twice: That she had some Money: Being Shewn an Affidavit sworn before a Judge, and signed by her, she said, it was not her Hand-Writing nor she never was before a Judge: being shown a Release signed by her, said that was her Hand. That she put the first Warrant into the Midwife's Hand, who told her it was tore; that the Maid told her after the second Warrant granted that the Justice would send her to Bridewell if she made it up without him, that it was a Week before she took out the first Warrant, and 6 Weeks after she took out the second Warrant.

Mrs. Jones deposed that she was at a Neighbour's House in Sharrard-Street when the Prisoner's Servant came for her, and went with him immediately, that she sent him over the way for a Pot of Drink for himself; that when she rung, her Door was opened presently, and the Prisoner was setting by the Fire; that he was in no Disorder; that when he was gone her Maid (the Prosecutor) told her he had hurt her; she askt her why she did not speak of it before he went: That she was not half a quarter of an Hour coming to him; that she believed he did not stay two Hours; and that he had been several times at her House before: That she saw some Disorder on the Bed and Floor too: And being askt how she liv'd, said, that she kept a House of Lodgers, and that her House was all lett now but her back Parlour, which she kept for her self

Mary Saunderson deposed that 3 Weeks ago Hannah Baily the Prosecutor to their House to lodge, and told her that the Prisoner sent his Footman and a Cornchandler for her; that she (Baily) went with her (the Prosecutor)to Newgate to him, when he told her that he found she had swore a Rape against him; that she liv'd in a Reputed Bawdy-House, and he would not lie with any Body there for fear of a Clap, for he would sooner lose his Nose than take Physick.

The Constable of St. Giles deposed, that he had a Warrant against the Prosecutor for stealing a Silver Cup from her former Mistress Mrs. Brain, that the Prisoner's Servant brought the Warrant to him.

The Prisoner in his Defence said, that he went to enquire for a Nobleman at Mrs. Jones's and the Prosecutor told him her Mistress was hard by, and sent his Servant for her; who came to him in two Minutes, and the Prosecutor went down Stairs and staid with his Footman 2 Hours, made no Complaint, but was very merry with him; that 2 Days after she came to his Lodgings with a Message from her Mistress, and made no Complaint then, neither did he hear any thing of it till a Month after; that a Woman with Mrs. Jones's Maid came to him with a Letter from Mrs, Jones to let him know that the Prosecutor had swore a Rape against him, and advised him to make it up. That he had been frequently at the Justice's House and at the Tavern with him, who never offer'd to molest him till Friday was 3 Weeks: He was with him and Mr. Holmes at the Bedford-Head Tavern, and were very merry together, but differing at last, and Words arising, he committed him to Newgate; and a Habeas Corpas being brought for him (the Prisoner) and the Justice having Notice to attend the Judge that allowed it, he accordingly did attend; and shewed the Depositions, and said he believed he had got the King's Evidence out of the way; when at the same time he was credibly inform'd that the Justice and Mrs. Jones had frequent Correspondence with her: And on Wednesday Morning last he went to the Justice's House under the pretence of a Visit, leaving a Constable at the end of the Street with a Warrant of Felony against her, and took her at the expected Hour in the Justice's House.

Dennis Dean deposed, that he went with his Master to Mrs. Jones's, and that the Prosecutor sent him for her Mistress, who was not above 100 Yards off, that she came back with him in two Minutes, sent him over the way to an Alehouse for a Pot of Drink, and said he might go down into the Ketchen and drink it with her Maid; that he staid two Hours there, made a Fire, and the Prosecutor gave him some Bread and Cheese, was very merry, and made no Complaint. That 3 Days after she came to his Master's Lodgings and askt for him; went into his Chamber as he was a bed, did not stay a Minute, nor make any Complaint then. That his Master went out in his Chariot as usual, and was frequently in Company with the Justice before he was committed.

Hannah Baily deposed, that Mrs. Jones begg'd of her to go to the Prosecutor and bring her to her, that when she came Mrs. Jones said to her, what's the Reason you han't been here? you must go with me to the Justice. That the Prosecutor told her, they had persuaded her to swear a Rape against the Prisoner to get Money out of him; but she would have it her self and get 10 Guineas of him. That she (this Evidence) asking her how she could pretend to go on with it, having neither Money not Friends, she answered, the Justice would find Money and be her Friend. That Mrs Jones told her (this Evidence) that the Justice sent to know why she did not come and prosecute; that she should be sent to Bridewell if she offer'd to make it up. That she (this Evidence) saw the Prosecutor give up the first Warrant to the Prisoner, and give him a General Release, and beg Pardon for her Imposition, and receive 4 Guineas. A Release being shewed to her (this Evidence) she swore it was the same she saw the Prosecutor sign.

The Release was proved and read in Court, and her Affidavit before a Judge, wherein she begg'd pardon for her Fault, and said that Mrs. Jones put her upon it and went with her to the Justice, was read also.

Mr. Mackworth deposed, that he drew the Affidavit, read it over to her two or three times, that she made it before Mr. Justice Powys; and that she had 4 Guineas.

Mr. Goosetrey deposed, that when the Prosecutor went to Hicks's Hall to be sworn to the Indictment, the Justices ordered one of the Grand Jury-men to be sent for down, and told him, that the Prosecutor was going to swear an Indictment for a Rape, and that if her Evidence was not sufficient to find it Billa Vera, to lay it by, till next Morning, and there should be Evidence enough.

Mr. Holmes deposed, that he was with the Justice and the Prisoner at the Bedford Head Tavern, that they had 5 Pints of Wine, and some Words arising between them, he told, the Prisoner that he would do him Justice, whereupon the Prisoner replyed, that if he did, it would be the first time he ever did Justice in his Life. Whereupon he said, if he was not a Justice he would knock him down, but as he was, he would commit him; That he sent for a Constable and Watchmen and ordered him to the Round-house, then made a Mittimus and sent him to Newgate: That he told the Justice he had made it up with the Prosecutor, and shewed him his Warrant which she had delivered up to him (the Prisoner.)

The Justice Acknowledged what Mr. Holmes had swore, and said that the Prisoner's Usage had put him upon his Mettle, and he did indeed send him to Newgate, but he had two Affidavits which the Prisoner had swore to and signed on her Examinations before, wherein she positively charged the Prisoner with the Fact, which he produced, and they were read in Court.

Mary Butler deposed, that she saw the Prosecutor sign the Release and Affidavit, saw the Money paid her, saw her go along with Mr. Mackworth to swear it, and heard her ask pardon and own that Mrs. Jones and her Accomplices had put her upon it; and that the Prisoner never lay with her in his Life,

Mrs. Willis deposed, that she knew the Prosecutor and her Mother, that the Prosecutor had but a very indifferent Character; that when but a Girl she would have swore a Rape against a Gentleman, which she (this Evidence) hearing of, went to her Mother and prevailed with her to send for a Midwife, who upon searching her, declared, it was no such thing, and that she was an impudent Slut: And that the Prosecutor owned to her. (this Evidence) that the Prisoner never lay with her. The Jury looking upon it to be a malicious Prosecution, Acquitted him; and the Court Ordered him a Copy of his Indictment.


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