JAMES PURSE.
10th May 1780
Reference Numbert17800510-57
VerdictGuilty > with recommendation
SentenceDeath

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289. JAMES PURSE was indicted for that he, on the 16th of April , on Elizabeth Midwinter , spinster , feloniously did make an assault, and her the said Elizabeth, against the will of her the said Elizabeth, did ravish and carnally know , April 17th.

ELIZABETH MIDWINTER sworn.

Where do you live? - In St. John's street.

What situation of life are you in? - I lived a servant at Mr. Deacon's, in St. John's-street.

Where does the prisoner live? - Towards Marybone.

Where did you ever see him? - The first time I saw him was at Mr. Feakney's, in St. John's-square.

Upon what occasion had you met him there? - My sister was a servant in that family; I went to see my sister there, and the prisoner came there with my brother.

What is your brother? - A carpenter.

Did any thing pass between you and the prisoner the first time you saw him at Mr. Feakney's? - No.

When was the next time you saw him? - At Captain Cornish's in Charlotte-street, which is towards Marybone.

Was that meeting, at Captain Cornish 's, in consequence of any appointment you had made? - No, it was merely accidental.

Did any thing pass between you and him the time you met him at Captain Cornish 's? - I cannot say there was any thing particular.

Did any thing in general pass between you? - We had some conversation.

What sort of conversation was it? - I cannot say, it was a great while ago.

Did he make any addresses to you, did he pay you any compliments upon your person? - I cannot say he did.

Where did you see him next? - At my sister's, in Vere-street, Clare-market.

Did you meet him at your sister's by appointment? - No; that was by accident too.

Where these all the times that ever you had met together? - All the times I ever saw him.

What passed between you at that time? - I had lost the use of both my arms by the rheumatism. He asked me what was the matter with me? I said I had the rheumatism in my arms, and could not lift them up to my head; I do not know any thing else that passed then.

You know what he is now charged with, inform the court what you have to say upon that? - I had the rheumatism in my arms, and lost the use of them, so that I was obliged to leave my place and go to my sister's.

You went to your sister's when you quitted your place? - I had not quitted my place, I had only left it during my illness.

Relate what you have to charge the prisoner with? - I used to be of days at my sister's in Vere-street, and of nights at my sister's, in Duke-street, Grosvenor-square; when my brother parted with me on Saturday night; he asked me to drink tea with him next day. I said I would. Accordingly on the next day, which was Sunday,

the 6th of April, I drank tea at my sister's in Vere-street. After tea my sister asked me to take a walk; I went with her; there were in company this man (the prisoner) my brother, and two or three more. We walked to Bagnigge Wells. My sister and I stopped in Lamb's Conduit-street, to speak to a young woman, the rest went on to Bagnigge Wells. When my sister and I went on towards Bagnigge Wells, we met my brother; he told us that they were not at Bagnigge Wells, but at the Bull in the Pound, which is in that neighbourhood; they sat drinking there a good while; then we set out to go home. When we came to Vere-street my sister said to the prisoner, that as he was going to Marybone, and I to Duke-street, Grosvenor-square, he might as well see me home.

Now you were separated from all the rest of the company, and alone with him? - Yes. He said he had some money to receive, and was to go out of town on Monday, and could not go out of town without it; so he went into a house in Drury-lane; I do not know the name of the house; he told Justice Fielding.

Did you go into the house with him? - Yes. He said he should stay but ten minutes. He called for a pint of beer; he asked me to drink; I put it up to my mouth but did not drink at all. We sat some time; the man came into the room; he asked where the master was; he said gone out. He desired him to send him in as soon as he came in. When he came in, he said, I suppose you want some money? The prisoner said yes. The master of the house paid him down half a guinea. When he received the money, he called for sixpennyworth of half and half. I got up two or three times, in order to go; he put me down once in a chair. He said I should stop till he went. After he had had sixpennyworth of half and half we went out; he kept me there till it was past eleven o'clock.

Was he guilty of any indecency to you while he was in the house in Drury-lane? - No, none.

Was he sober or otherwise when he quitted that house? - I believe he was sober.

Was you sober? - Yes. We went from thence to go home. When we came to Oxford-buildings he pulled me into the court; he said it was a friend of his, and insisted upon my going to sleep there; I was quite wet. He knocked at one door, nobody came; he went to another; he pulled me in. I insisted upon going to my sister's, but he pulled me into the house. He had me up one-pair-of-stairs and called for a pint of wine; he poured out two glasses, I drank one. He broke a biscuit and put it to my mouth. After the wine was drank he called to know whether he could have a bed for me; the man of the house said yes. He desired them to make it up for me. When it was ready the man came in and told me. The prisoner told me I should go to bed and he would sit up. The landlord went up stairs; I went after him. The prisoner followed behind me; I did not see him till the landlord was got out of the room; then I saw him; he locked the door upon me, and insisted upon my going to bed; I said I would not go bed. He insisted upon my undressing myself; I would not. I said he had promised to sit up and let me go to bed; and I would not go to bed if he staid in the room. He said it was a fine thing for him to pay for a bed and I not to go into it; I said that did not signify I would pay for the bed. He pulled off my cap and shoes, and he tore my petticoat and apron in pulling me to the bed. Then he shoved me down upon the bed and did as he pleased with me.

You must be more explicit, you must tell what happened to you? - He throwed me down upon the bed.

And did what? - And had carnal knowledge of my body.

Was this by your consent or against your will? - It was against my consent; I called out as loud as I could, but I was so struck I could not call out loud. I pulled him, scratched him, and bit him, all I could. I was lame in my right arm, I could only defend myself with my left.

When you called out in this way did nobody come to your assistance? - No, they did not.

Was it a large house or a small house? - I do not know, the room we were in was very small; up two pair of stairs.

Did there appear to be nobody in the family but the landlord? - I did not see any body but the landlord.

How long might this be about? - About a minute.

In prosecutions of this kind it is absolutely necessary to be very full, particular, and explicit, in order to make out the charge; did he enter your body? - He did.

Did you perceive any thing to come from him? - I cannot say; I was so ill, I begged for God's sake for him not to use me ill; I said I would sooner die than he should use me ill. And I said I would die before I went out of the room, if he did use me any otherwise than well.

You cannot say whether any thing came from him or not? - I cannot say I was so ill; I trembled so the place shook under me, I was so struck.

Did he repeat this any more? - I drawed back the curtain to jump out of the window, and would have jumped out of the window if he had not laid hold of me.

Have you ever seen this house since? - I have been a great many times that way, but have never been near the house.

Do not you know who lives in it? - No.

Do not you know the name of the person who keeps it? - No.

Do you know how many the family consisted of? - No.

Cross Examination.

This happened on the 16th of April? - It did.

I believe this young man bears a very fair honest character, and is well acquainted with your family? - He is acquainted with them.

They introduced you into his company as a proper person to be with? - To be trusted with, to be seen safe home.

You was at a public-house in Drury-lane along with him? - Yes.

What time did you go there? - A little after nine.

And you was there till past eleven? - He kept me till past eleven.

You was not made a prisoner of was you? - No.

Then you staid willingly? - No. I insisted upon going; he pushed me down again into the chair.

Why did not you go afterwards? - He kept me till it was so late I was afraid of going.

You were not apprehensive of any ill design in him all that time? - No.

Did any conversation pass between you and him in Oxford-road? - Nothing particular as I know of.

Did not you say to him that you should be locked out from your sister's? - I believe I did say once he had kept me so long that my sister would be a-bed.

Then that was the reason why he proposed your going to another house, you having said you should be locked out of your sister's? - No, I did not say so, I said I was afraid she was a-bed.

Then you went voluntarily along with him to this house? - No, he pulled me in and insisted upon my going in.

Did he pull you against your will into the house? - Yes.

How far was it from the place in Oxford-road where you said you should be locked out of your lodging, to this house where you was with him? - I cannot say.

It is several hundred yards is it not? - I cannot say.

You made no resistance in the street? - Not till I came to the place.

You did not call out? - No.

When he knocked at the door you went in willingly into the house? - No, he pulled me in.

Who opened the door? - The door was not fastened, it was so that he could push it open and get in.

Who was the person you first saw there? - The man.

Did you express any unwillingness to that man at being in the prisoner's company? - I did not.

The prisoner proposed a bed-room? - He did for me.

You made no objection to that? - He

had kept me so late I was wet through; he promised I should have the bed and he would fit up.

Did he promise that to you or to the man? - To me.

He did not say so to the man did he? - I did not hear him say that to the man.

After the bed was proposed and getting ready, I believe you drank some wine with him in another room? - I did.

How much did you drink? - He poured out two or three glasses for me, but I did not drink above one.

How long was you in that room before you went into the bed-room? - I cannot pretend to say how long it was.

The landlord lighted you up stairs? - Yes.

You expressed no unwillingness to go into the bed-room? - No.

After you got into the bed-room did you make any noise at all? - I did.

What sort of a noise? - I halloo'd out as loud as I could.

Perhaps you cannot halloo very loud? - I halloo'd as loud as I could, but I was too much struck to halloo much.

What do you mean by struck? - I was so struck that the place shook under me.

Did not you lay yourself down upon the bed willingly? - I did not.

Where was you all night, in the bed or in a chair in the room? - In a chair in the room, afterwards.

Did you talk any thing to the prisoner about marriage in that room? - I cannot say whether I did or not; I was so ill I could not say much to him.

I ask you upon your oath whether you did not propose to him to marry you? - I did not.

You did not say any thing at all about marriage? - I did not. He I believe said something about it, but I did not give any ear to what he said, or enter into any conversation with him.

What is the prisoner? - I believe a stone-mason.

What time of night was it when you got into that house? - Past twelve o'Clock.

You was there till six in the morning? - I was I believe.

I believe the prisoner and you both came down stairs together from that bed-room? - We did.

Who was the person you first saw? - The maid of the house.

Did you complain to the maid of the house of any ill usage? - I did not.

Did the prisoner and you go together? - Yes, a little way. He asked me to tell my brother I had been at a friend's of his. I said I would not, I would tell him all that had happened.

How far did he go with you? - Only two or three doors I believe.

Did not you send somebody to the prisoner the next morning after this happened? - My brother. When I came home in the morning I told my sister how ill I had been used; she saw my things were torn all to pieces.

Did you tell him how? - No, I said he had used me ill, that was all I said.

Then your brother went from you with that message to him, that he had used you ill? - My sister told him as soon as he came home to breakfast, and he went after him; he came back to my brother's house with my brother.

Did you charge him then with having used you ill? - Yes, I did.

That was all you said to him? - Yes, he said he did not know whether I was a man or a woman.

Did your brother or sister then talk of having a warrant for him? - My brother asked my sister if she would have him taken up; she said yes.

Your sister was for taking him up, not you? - I was so ill I did not know what I said or did.

Did your brother tell him he should fetch a warrant for him? - I cannot say what my brother said to him.

Did he say he would stay there while your brother went? - I believe he did.

Did he go to get a warrant for him? - He did.

And did the prisoner stay there till he came back with it? - Yes, he did. He wanted to go away, but my sister said there

was somebody below who would stop him if he offered to go away.

Do you say that upon you oath? - My sister told me so.

I ask you upon your oath whether your sister has not been the promoter of all this business? - My sister, me, and my brother together.

Did not she propose the prosecution? - I myself proposed the prosecution.

What happened before the justice, was he committed by the magistrates for having ravished you? - They did not commit him to prison, they admitted him to bail.

For what? - They asked me whether I chose to take his life or not; I said he deserved the worst of punishment except life.

Did you complain of any ill usage of your person there? - Yes.

Did you talk about being bruised and injured? - Not being bruised further than being torn about and ill used.

Not bruised on your knees, or elbows, or thighs? - My thighs were so stiff that I could not move them hardly.

Did he desire any surgeon to be sent for? Yes.

Was one? - Yes.

Then you was not at all bruised or hurt? - Yes, I was hurt so far as this, that I have never been right well since.

You was ill before that you know; now did you prefer one or two indictments? - Two.

What were they for? - One was for the rape, the other was to indict him for an assault.

How came you to prefer two, because if he had only committed an assault, he could not have ravished you.

Court. She did very properly for if it should in point of Law not come out to be a rape, it may be an assault.

Did any conversation pass at your brother's house before you went before the magistrate, that if he would make you a satisfaction all would be well? - No, nothing of that was said; if he had offered me a thousand pounds it would have made no difference to me, my honour and character was not to be lost through such an one as him.

When the prisoner came yesterday to be tried, was you applied to to know if you would attend the prosecution? - I was.

What was your answer to that to the person who applied to you? - He asked my brother whether he intended to stand the trial or to make it up; my brother said there never were any proposals made to make it up.

Did not you then say you should appear to day unless the matter was made up? - I did.

Court. When you came into this court in Oxford-road, that you have been mentioning, was you perfectly sober? - I was.

Did you during the time you was there drink so as to intoxicate you? - I drank only one glass of wine all the day and some tea; I drank that glass of wine, as I was wet through, that I might not catch cold.

And you had your perfect senses and understanding about you? - I had.

Previous to the time that you went up stairs to bed in that house had you seen any woman in the house? - No woman at all.

And you was a perfect stranger in that house previous to the time of your coming there? - I had never been in the house or court before; I had been by it several times.

Could not you have got out of that house that evening if you had attempted it? - I would have got out if I could, at any rate, but I could not get from him. If I had got out, where was I to go to at twelve o'clock at night? I begged, for God's sake, of the landlord to let me sit up all night, being wet through.

It was natural for a woman, being in a strange house seeing none but men, to be under alarm, was not you frightened? - I was, I did not know what to do.

In the part of the house that you was first introduced to, where did it look out to, could not you have alarmed any person that was passing by, by throwing up the window? - It looked out into a yard the back part of the house.

Was there no house adjoining to the back part of the house? - I did not see that there was.

Upon your oath if you had made every

attempt to escape out of that house, could not you have escaped out of it? - I could not.

Counsel for the Prisoner. Does not this house stand in a row? - It does.

Then there are houses close to it on each side? - There are.

GEORGE FINISTER sworn.

I am brother-in-law to the prosecutrix.

What is your business? - A carpenter. The week before this happened the prisoner, who was a particular acquaintance of mine, called to see me and my wife, he was out of work; in the dusk of the evening we took a walk; we had three penny-worth of crank in a publick-house; my wife and I, before he went away, asked him to come to dinner on Sunday. He said he would; he came to dinner on the Sunday; after dinner he asked me to go and take a walk; when we went out he said he was going into Nottingham-court by Drury-lane after some money; we went there; another young man of his acquaintance was there before me; we had three pints of ale. He asked for the landlord; he was not at home; he said he thought he was staying away on purpose that he might not pay him the money; he would not let the other young man nor me pay the three pints of ale; he would have it set up to his account; we came to my apartment to drink tea; after tea, however, we proposed to go and take a walk; we all of us went to take a walk, there were two or three people besides him called to see us; we went all together to take a walk to Bagnigge-wells. Going along, my wife called to see a young woman in Lamb's-Conduit-street; she stopped about five minutes; the prisoner and I went to Bagnigge wells, from thence we went to the Bull-in-the-Pound, a publick-house, because they saw a young man with us had a silk handkerchief about his neck, and he could not be admitted into the place. I went back to meet my wife and sister, because I knew they would go on to Bagnigge-wells. I met them and took them to the Bull-in-the-Pound; in the course of that time, the prisoner told me he was going to get some money from his brother; that he was going into the country to Barnet on Monday morning, and had no money; he went; when he came back he said he had five shillings. I said I would let him have some money to help out till he came to town again; we all parted at the end of Vere-street. I asked him if he was going to that house he had talked of? He said no; he wanted to be at home; as he was going out early on the Monday morning. I said, I had half a crown I would let him have that, if he could make shift with it till he came to town. He said yes. He said, as he must be up early in the morning he would not call at Nottingham-court, but go straight home. My wife said, James you will take care of Betty and see her safe home. He said yes, let that alone to me, I will see her safe home. When we parted he and my sister went away, and we wished them a good night. On Monday, when I came home from work at eight o'clock to breakfast, my sister was at our house.

Who else was in company? - Nobody but the prosecutrix and my wife.

Court. Now tell me the exact story she told you? - She was sitting in the chair and crying ready to break her heart, so was her sister. I asked what was the matter? Said my wife to me,

"O George! that fellow has kept my sister out all night." I asked who? Said she James, meaning the prisoner. I asked her if he had done her any injury? The prosecutrix said yes. I asked her was that really fact? She cried and told me it was. I said I should see her righted.

Did she describe to you the nature of the injury? - Yes, she did. I asked her if the prisoner really entered her body? She declared solemnly to me that he really had. I said now consider what you are about and tell me the real truth. She said, George, if this was my last minute, my dying minute, it it really true. I put off my working clothes, cleaned myself a little, and said I would go after him; I did, and found him in his lodgings; he was putting his Sunday's clothes by; when he saw me he stood confounded. He said, what is the matter, have you seen Betty! I said yes I have, you know that very well, else I had no occasion to come

here. I told him he must go along with me. He said well I have done nothing to go along with you for. At length he came along with me to my apartment; coming along I said James, how did my sister behave to you? He said the same as a modest woman ought to do; as we were coming along he said I was a damned fool I did not do it, for if I had she would not have owned it. I brought him to the publick-house in Vere-street; I called for a pint of beer there and left him in the publick-house.

Was he in custody of any body? - No.

He might have gone off if he pleased? - He might have gone off. I went home to my wife and sister; my sister was gone to bed and asleep. I asked my wife what she would have done, for I had brought him down? She said she would see him tried as far as the law would go. Then I sent for a constable; he told us we must go to Sir John Fielding 's and get a warrant. I went there and saw one of the constables; he said I must go and fetch the young woman before a warrant could be granted. I came home and said Betty you must get up and go with me to Sir John Fielding 's; she was hardly able to get up, but she did; she was examined, I believe, before Justice Addington; the justice asked me if I knew where the man was; I said I had got him in custody; the justice said very well; he desired a constable to go and bring him; accordingly the constable and I came home to my apartment; the constable said to him you must go along with me; we came all together, the constable, prisoner, and my wife, to Sir John Fielding 's; he was examined at Sir John Fielding 's. The justice asked if he was guilty; He said no, he was not.

He was let out upon bail, and a recognizance was taken to prosecute and give evidence? - Yes.

Do you know any thing of the fact? - No. I went out on Monday evening to the place where they were all night; it is in Oxford-buildings, Oxford-road, very near Stratford-place, on the Bond-street side.

Was it a publick-house? - As I am told it is a bagnio. I went into the house; I saw the landlady and a young woman who is here in court. I asked the landlady if a young woman and young man slept there over night? She said no; there was nobody that slept in the house that night but one seafaring man, and he was blind with one eye.

Do you know the names of the persons who keep the house? - I do not.

Is there any sign? - There are two large lamps at the door; I am told it goes by the name of the two Lamps.

Is there any inscription over the door? - Not that I know of; it was in the night-time when I went; all I saw over the door was dealer in foreign spirits; I think I saw that.

Not lodgings for gentlemen only? - I saw nothing of that sort.

Did any thing further pass there? - No.

Cross Examination.

When the prisoner was in your company on the Monday the 17th what conversation was there about making satisfaction? - None at all in my presence.

Was there any proposal for satisfaction made yesterday in your presence on the part of the prosecutrix? - None at all.

Were there any friends of the prisoner sent to the prosecutrix yesterday when you was present about his surrendering himself to be tried to day? - There was.

What was the answer to that question, whether he would surrender himself to-day, by you and her? - This gentleman that stands here came out and asked whether I should attend the trial or not at nine this morning? I said, to be sure I must; he went in directly, and the prisoner's brother said then as it was gone so far he should stand trial.

Was nothing said more than that? - Yes. The prosecutrix said yes, for there never was any recompence made nor offered.

Did not you say something to the same purport, as well as the prosecutrix? - I said I should not be against it if it was agreeable to them.

Would this prosecution have happened at all if it had not been for your wife? - Yes it would.

There were no bruises upon the prosecutrix, no personal injury? - Not that I saw.

Or any hurt done to her? - Yes. She could hardly walk the next day.

She had the rheumatism before this time? - Not in her legs.

She walked to the justice's, did not she? - Yes, she did.

She had walked home from Oxford-buildings to where you live before eight in the morning? - She had come in some few minutes before me.

Then she walked from Oxford-buildings to Vere-street, from thence to Bow-street, and back from Bow-street to your house in Vere-street? - She did.

SARAH FINISTER sworn.

I am sister to the prosecutrix.

Do you remember her coming to your house on Monday morning the 17th of April? - Yes; she came just before eight o'clock.

In what condition did she appear? - Her petticoat and apron were torn all to pieces. She complained of the injury she had received from the prisoner.

Did she complain immediately as she came in? - No. She was about seven minutes, I believe, before she could speak; then she fell a crying. I asked her what was the matter? She said she had been ill used by the prisoner, and that he had kept her out at a publick-house all night; she cried and I cried likewise. I asked her particularly what was the matter and in what manner he had used her ill? She said he had taken her into a publick-house and had kept her all night in a room and had done as he pleased with her.

Did she describe to you in any other terms what he had done to her? - She did not then, but before she went to Sir John Fielding 's she said she was taken into this publick-house under a point of friendship, that he told her he would sooner lose his own life than injure her, because of the friendship between us.

Did you ever hear any imputation upon her character before? - Never in my life, nor, I believe, any body else.

Did you examine her person? - Not then; when my husband came home we had breakfast and she drank one dish of tea, and I put her to bed.

Did you examine her person to see if there were any bruises or violence? - I did not.

Did the surgeon examine her? - Yes.

What appeared to you upon the person at the time? - No other appearance than what she expressed in court.

No bruises or apparent injury? - No; she was incapable of lacing her stays or putting her hands behind her, for a week afterwards I laced her myself.

She had been ill of the rheumatism? - She had, but had got pretty near the better of it, but not quite; but by struggling she had hurt her arms so that she could not lift them up to her head.

For how long did this lameness continue? - A week, I believe.

Cross Examination.

She came away from Mr. Deacon's service on account of having the rheumatism in her arms? - Yes.

Did she tell you that she herself had first told the prisoner in Oxford-street that she should be locked out of her lodging? - I questioned her and she said no, she did not; she said her sister might possibly be a bed.

Did you observe nothing particular about her but her crying when she came to your house on the Monday morning? - Nothing except the tearing of her clothes to pieces; her apron and petticoat and her cap were entirely spoiled.

Was her apron torn out of the binding? No, in the main stuff.

How were her petticoats torn? - Out of the binding for above half way.

If the petticoats had been torn out of the binding by force applied to tear them, whether that must not necessarily have bruised the person very much? - I cannot speak as to that, she was so very bad with her arms that I was forced to dress and undress her for a week.

There must be great force in tearing binding out of the gathers? - There must be.

Court. Did your sister, in any conversation you had with her subsequent to this transaction, ever give you reason to think that she had consented to this upon any promise of marriage or any inducement that had been offered her by the prisoner? - She never did in any conversation in her life.

Did she ever say that he had attempted to seduce her by giving her expectations to marry her? - She said he told her he wished she would go with him to Barnet, but she must not be so shy as she had been, and that he proffered her his watch, but she threw it away, and that he proffered to change handkerchiefs with her but she insisted upon keeping her own.

Have you any reason, from any conversation between you, to think that she had been induced to agree to what passed? - I do not think she would agree to any such proposal.

Was she in all your observation of her a person of modesty and decent deportment? - I believe not a person in the world can speak the least disparaging of her character.

Did you ever observe her to be fond of men's company? - No; quite the reverse.

PRISONER's DEFENCE.

She went with all the pleasure in the world to the house with me; we went up stairs, drank a pint of wine; then we were shewed up stairs to bed; the landlord went first, she followed him, I followed her; then she said she would not strip; she undressed her head, tied a handkerchief about it, pulled her shoes off, and went on the bed. She asked me if I would marry her; I said I never came to such a place to make up a match, nor marry a woman that went there with me; upon that we differed; she got out of bed and sat up most part of the night. In the morning she came out with me, about a quarter past six. When she went on the bed with her clothes on, she had only her cap and her shoes off; she made no objection to my lying down. When I would not consent to marry her she got up, and I did not attempt to stop her. I said if she was not willing I did not choose to force her. I concluded she had been willing or she would not have gone there with me; then she got up in a passion and said she would make me repent it, or suffer for it.

For the Prisoner.

WALTER PANENTT sworn.

Do you remember having seen the prisoner at your house on the 16th of April last? - I remember seeing the prisoner extremely well; there was a woman along with him.

Do you recollect the person of that woman? - No.

Do you recollect what day of the week it was? - It was a Sunday, about a fortnight ago, between eleven and twelve o'clock at night, I cannot say to a minute.

What conversation passed between you and the prisoner? - He asked for a room; I shewed him one. He called for a pint of wine, and sat down. He said I do not want such a room as this, I want a room for my wife and myself to sleep in.

What part of the house was this in? - One pair of stairs room, a drinking room.

Did you shew them into a room? - Yes.

Was there any force used to get the woman into your house or up into the one pair of stairs room? - Not the least in the world.

Did she make any objection to going up into the other room? - No, not the least.

Who took the wine in? - I took it in myself.

Perhaps you cannot say whether she drank wine or no? - I cannot say.

How long were they in that room? - I believe a quarter of half an hour.

There did not appear any wish to get out of the house on her part, or complaint of ill usage? - Not in the least.

Court. Did he say he wanted a bed-room for himself and wife in hearing of the woman? - Yes. I said I had a spare bed, which was kept for the use of my boys when they came from school. I said it should be at his service, knowing the prisoner by sight. He said he was obliged to me, because he was locked out of his lodgings; the bed-room was up two pair of stairs backwards, I lighted them up. When he asked for a bed for him and his wife she made no objection. I told them the bed was ready, and lighted her up stairs; she made no objection. I went up first, they both followed me, which came next to me I cannot say, because I went first with the candle.

Do you recollect whether he was in the room as well as her before you left it? -

Yes, I am sure both were in the room before I left it.

At the time you left her was there any expression of unwillingness on her part to be with him there? - No.

And she went in under the title of his wife? - Yes.

What time was this? - I believe it might then be turned of twelve; I always shut up at twelve.

Was there any noise heard in your house, made by her? - I never heard any; if there had been any I must have heard it, for I sleep upon the same floor myself.

Court. Can you recollect whether he went into the room before the woman or the woman before him? - I cannot pretend to say; I was first with the candle.

Is your house a house for the reception of people to sleep in? - No. I keep a tavern, The Vine Tavern, it is written over the door.

Had the prisoner frequented your house before? - I have seen him before with other men; I never saw him with a woman before this to my knowledge.

Is it not customary if you permit people to lie in your house that the females should attend them if there is a woman in the case? - They happened not to be at leisure at that time which caused me to light them up.

How many females are there in your family? - My wife and two maid servants.

They did not either of them appear during the course of this evening did they? - I do not know that they did.

Upon your oath whether at the time that he made that representation to you that this woman was his wife that you thought her so? - I really looked upon it as such as he told me so.

SARAH DOUGLAS sworn.

You are servant to the last witness? - I am.

What part of the house do you lie in? - Over my master.

Did you hear any noise that night? - I did not.

If there had been any noise made in that room must you have heard it where you lay? - I think I must. I let out the prisoner and the prosecutrix in the morning; that was after six o'clock.

Did she make any complaint of ill usage? - Not at all; when she came down stairs she said, Good Morning, I said the same to her.

Did they go out friendly together? - Yes; they did very friendly.

Court. Did you make any observation upon her person or character? did her clothes appear to be torn? - No; I did not see any of her clothes torn.

Was her cap torn? - She had a bonnet on.

Did her petticoats or apron appear torn, or was she without an apron? - I did not take particular notice.

Then you did not observe whether from her appearance, she seemed to have been ill treated or otherwise? - I did not see that her countenance was changed or any thing.

Are women permitted to lie in your house? - I cannot say, I have nothing to do with it. I am nursery maid.

Are women permitted in the evening to drink wine with strangers? - I cannot say.

How long have you lived there? - Three months.

Where was the prosecutrix when you first saw her in the morning? - In the passage.

Court. This house is a Bagnio is it not? - I do not know; it is a house where gentlemen drink wine. I am only to mind the children, I never see who comes in nor who goes out hardly.

Do not men and women come in together? - Yes I suppose so.

Mr. JAMES MAHOM sworn.

You are a surgeon and man-midwife? - Yes.

Was you called upon on the 17th of April last, at the public-office in Bow-street? - I was sent for there but I did not mark the day.

Did you examine the prosecutrix? - I did.

Were there any marks of violence about her? - None. I was sent for by Mr. Wright, and desired to examine her whether there was any violence upon her person. I

went into a little adjoining room with her sister and herself. I said what is the matter; her sister said a rape had been committed upon her. I said that is a heavy charge indeed, take care what you are about, because it affects a man's life. I said have you ever been lain with before; she said no, I was a maid. I said we shall soon see that. Then I exmined her; I found so far from any inflammation, which there would have been if a rape had actually been committed, if there had been any recent perforation, if there would have been of course an inflammation and soreness, and in all probability a great quantity of blood; there was no appearance of the sort. I said, child, here is no appearance of violence here, why do you bring a charge of this nature, consider you will hang this man. Sir, says the sister, I would not hang him by any means in the world; we only want him to make satisfaction. I said to the sister, you are a married woman; in all probability this man might make an attempt, but as she says he was not a moment upon her, in all probability he emitted before he penetrated her.

Court. Did you make such an examination as to discover minutely and particularly whether the hymen was penetrated or not? - I did by the magistrate's direction.

Was it intire? - No. The hymen was broken, but it appeared not to be recently broken; because, if it had there would have been an inflammation. I asked her if she had the same shift on then which she had at the time? She said she had; then there would have been blood and other appearances upon it.

Court. I am to collect from your evidence, that in case this woman was in fact a maid, you think that no rape could have been committed upon this occasion, but if she had before had communication with mankind a rape might have been committed upon her though no inflammation appeared? - Yes.

Counsel. She had been represented to you as a maid? - Yes, she said she never had been connected with a man before.

GUILTY ( Death .)

Jury. My lord, we beg humbly to recommend him to his Majesty's mercy.

Court. I dare say the crown will have a regard to your recommendation, with which I myself shall concur.

Tried by the Second Middlesex Jury before Mr. Baron PERRYN .


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