Michael Kelly.
12th April 1727
Reference Numbert17270412-47
VerdictNot Guilty

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Michael Kelly , of St. George's Hanover-Square , was indicted for feloniously assaulting, and violently and carnally knowing Elizabeth Smith against her Will and Consent , on the 27th of February last.

Elizabeth Smith depos'd, That herself and one Mary Barns came by accident into the Barly-Mow, near Chelsea Water-Works , where the Prisoner at the Bar was sitting with some Company, and after his Company was gone home, they went and sat by him, that he might not want Conversation, and that after his treating them with 2 Pints of Two-penny he told them his Wife being dead, he had several Things to dispose of, as Silver lac'd Shoes, fine clock'd Stockings, &c. which he would let them have very cheap, if they would go to his Chamber; accordingly they innocently went, and lest they should bring a Scandal on him, by bringing Women into his Bed-chamber, they both went up Stairs with their Shoes off; after they was in the Room, this Deponent said the Prisoner bolted the Door, and blew out the Candle, but she being a Maid blew it in again, the Prisoner blew it out again, and the again blew it in 2 or 3 Times, till he willing the Room should be as dark as his Deeds, wetted his Fingers and quite extingush'd it; after this, he drew the Prosecutor to the Bed in a very rude Manner; Presently comes up his Comrade, and diverted Mary Barnes , whilst the Innocent Elizabeth Smith was made a Sacrifice; But this was not done without some Noise, insomuch, that the Landlord, an honest Hybernian, came up Stairs, and address'd himself to the Ravishers, telling them in his native Language, His House should not be made a Baudy-House; upon which Kelly willing to keep the Fort he had taken, went to the Chimney-Corner, and taking up his Musket, swore he would shoot the first Man thro the Head that came to interrupt him, for his Chamber was his Castle, and Death should be his Portion who offer'd to incroach upon his Territories upon this, the Landlord went down, bidding the D - l and the P - x be with 'em. The Prosecutor being ask'd what Opposition she made, reply'd, she cried out Murder, but confess'd she did it not till he had repeated his Familiarities, and she was afraid of being kill'd, for the unmerciful Man had once, twice, thrice, four times - And then very much tore her Headcloaths, and beat the Breath out of her Body, that she could not speak for a Quarter of an Hour; the Prosecutor further depos'd, that the Prisoner and his Comrade went to Bed, and would have had her and her Companion Mary Burns undress'd themselves, and come to them, but they refus'd it. Thus they were kept in the Room till between 5 and 6 the next Morning, when the Prisoner got out of Bed, and went down to the Door in his Shirt to let them out; and Lutterill the Landlord got out of Bed and open'd the Window to call 'em a few Names at parting.

Sarah Lloyd depos'd, That they drank at her House, with a great deal of Familiarity, and upon the Prisoners proposing to go to his Chamber to enjoy themselves, they very readily consented, the one taking the Candle to light him, and the other taking him under the Arm, and in this Prosture they marched from her House in a very loving Order.

Mary Richardson depos'd, That coming between 5 and 6 in the Morning, she saw the Prosecutor and Mary Barns coming out of Lusterels House, and the Prisoner in his Shirt, letting them out at the Door, and that she saw both Elizabeth Smith and Mary Burns turn about and kiss him, at which time they had both their Shoes and Petticoats in their Hands. The Prisoner in his Defence said that he had been as loving with them both as ever he had been with his own Wife, and met with no more Opposition - The Jury acquitted him.


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