Edmund Togwell, Peter Mattews.
11th September 1735
Reference Numbert17350911-55

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65. Edmund Togwell , was indicted for assaulting, ravishing, and against her Will, carnally knowing Margaret Macculough , Widow, July 7 . And

66. Peter Mattews , for being present, and aiding the said Togwell, in committing the said Rape .

Margaret Maccullough. That she lived in Castle Court in Mercer Street, and that on Sunday the sixth of July, between three and four in the Morning, as she was going from her own Door to call her Company to go and buy Mackerel, James Whitney , who goes by the Name of Pug, came up the Court and knocked her down; Togwell came up the third Man, and after him a young Gentleman, they called Master Arn, and then a great many more followed. That getting up again, she was knocked down a second time by Richard Arn , and forced into a House of Office, which they broke down, and then Togwell thrust a Handkerchief into her Mouth, and lay with her by Violence, while fourteen held her. That the Prisoner Matthexs was one of them, and held her on her right side. That after Togwell had abused her, Arn and Pug, and Harding, and three more of the Company lay with her in the like manner; and then they left her and were followed by some of the Neighbours into Drury Lane, where they met another Woman, and pulled up her Coats and whipt her in the Street.

Being asked if she knew the Prisoners before? She said she had never seen any of the Company before; but that one Nathaniel Walker told her Togwell's Name, and she knew him again by a Mark in his Face; and that some body told her Brother that Matthews was at the Yorkshire Grey in Drury Lane, bragging of what he had done. She added, that she went next Day to Justice Deveil and made her Information.

Mr. Deveil deposed, that Arn, Harding, and Togwell were named in her Information as three of the Persons who had actually ravished her, and several others were described.

Matthews said, that he never went out of the way on this Account, that he was not taken till two or three Weeks after; and asked the Prosecutrix why she did not put his Name in her Information before Justice Deveil.

She answered that she had another Warrant from another Justice for four more.

Martha Mulzer , a Midwife, deposed that being sent for by Maccullough the Saturday after the Abuse, She found her bruised on her Arms, Legs, Thighs, Back, and all over, like the Bark of a Tree; and fore, swell'd, and in such a shameful Condition, that she never saw any thing like it, and believed she would never be her own Woman again.

Nathaniel Walker deposed, that he was in the Court when Pug came up; that he saw several others at the bottom of the Court, but did not stay to see them come up, nor could not say that either of the Prisoners

was among them; but that in about two Hours after, he saw the Prisoners, who were two Tavern Drawers , Jack Harding (a Gold-beater in Long Acre) young Arn who belonged to the Play-house, and Pug the Black-Smith, and others, drinking at the Yorkshire Gray in Drury Lane.

Joseph Tucker deposed, that looking out at a Window, he saw Togwell come (the third Man) up the Court, that he saw him drag her down, and saw him upon her, and near twenty more about her, some holding her in one part, and some in another; but could not say that he saw Matthews among them. That he was afraid to go down to help her, for he thought they were drunk or mad; and that when they had done, some of them cried out, Let us put the Bitch down the Vault. That soon after they went, he followed, and found them fighting with one another at the bottom of Long Acre; and then he first saw Matthews among them. That from thence they went along Drury Lane into Holborn, but came back again, and went into the Yorkshire Grey in Drury Lane.

Elizabeth Russell deposed, that Snub Nose Pug came first up the Court, took hold of her, and called her old Bitch. That she fell on her Knees, and said, Pray Gentlemen do not hurt me; but that he put Mud and human Excrement into her Eyes and Mouth, and then let her go; so that being almost blinded, she could not see what was done to her Bedfellow the Prosecutrix.

Other Witnesses deposed that they heard a great Noise, and saw several Men drag the Woman into the Vault, but could not distinguish their Persons.

Margaret Crouch deposed, that she lived next D or to Maccullough, who came to call her to go to Market. That Pug came up the Court, knocked Maccullough down, and threw her Coats over her Head; and then Togwell came and lay with her in the Vault. Being asked if she saw him lie with her; she said she saw, for he took it out; that she saw Matthews hold her by the right Thigh. After Togwell had lain with her, he called out to the others and said, - her to Death; and then Pug, and a little Player, and others lay with her; and they pulled off her Shoes and beat her with them, and abused her with Colley-flower-stalks. That this Evidence was in her Shift at the Window when she saw all this; and she bid her Neighbours throw Chamber Pots or any thing upon them. That she was afraid to go out, for they swore they would serve her the same Sauce; and she believed they would have done the same to their own Mother, if she had been there at that time.

Then the Prisoners made their Defence.

William Ray deposed, that he kept a Night Cellar the Corner of Russel Street in Drury Lane. That Matthews came down his Cellar between two and three o'Clock that Sunday Morning, and staid there till between five and six.

Luke Smith , a Soldier deposed, that Matthews came down Ray's Cellar sometime that Morning, and went away about four.

Joseph Tucker standing up again deposed, that the last Witness told him, if he would not appear against Mathews he should have half a Guinea, and all his Charges born

The Court thereupon ordered Luke Smith to be taken into Custody. And the like Complaint being made of Mr. Arn an Up holsterer in Queen street ( the Father of young Arn) an Officer was sent to fetch him from a Brandy-shop in the Old Bailey, but he made his Escape.

Benjamin Foxwell , Drawer at the Three Tuns in Princes-street by Drury Lane deposed, that hearing Togwell was taken up, he went with him before Justice Midford, and Maccullough being sent for, and bid to look round, one who was present Pointed to Togwell, and told her that was the Man. That she said he had on the right-side of his Face a Scar, and that he had changed his Coat whereas this Evidence said, he Togwell had but one Coat.

Maccullough being called up again deposed, that she did not say Togwell had a S ar but a Mark in his Face; and after the Men had abused her, they changed their Coats and Wastecoats and Hats before they went out of the Yard.

William Hughs deposed, that he lived at the Corner House next to the Privy where the Fact was done; that he saw a great many People in the Court, but saw nothing done; that he did not see the Doors of the Privy broke down, but that Maccullough was in the Privy and the Door was shut.

Joseph Tucker deposed, that the last Witness told him that he heard them say, Throw the Bitch down the Vault.

Thomas Ward deposed, that the Morning after the Uproar, Maccullough declared to him, that she was not the Woman that had been wronged; but said she had done an ill thing, and would not have him know it.

To this Maccullough answered, that she only refused to tell Ward the particulars, because it was a shame such things should be known.

The Jury found the Prisoners both Guilty . Death .

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