EDWARD STUDSBURY.
9th September 1789
Reference Numbert17890909-96
VerdictNot Guilty

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679. EDWARD STUDSBURY was indicted for that he, on the 13th of August , with force and arms, upon Mary Tollin , spinster , in the peace of God and our lord the king then and there being, did make an assault, and her the said Mary against her will, feloniously did ravish and carnally know .

(The Case opened by Mr. Silvester.)

MARY TOLLIN sworn.

I am going of thirteen; I belong to the parish of Old Brentford; I came out of Ealing work-house to go out nursing; and then I went to Cranford-bridge , as a servant ; I lived with Edward Studsbury and Charles Burton ; when I went there, there were women there; but they went away, I hired myself there at one shilling a week, the parish officers did not put me there; I went there the Friday night, and the next Thursday, Studsbury and Burton began to serve me so, and I ran away on the Sunday night; I was there a week and three days.

What happened on the Thursday? - I was standing by the door; I believe it was between eleven and twelve in the day time; and Edward Studsbury took and dragged me up stairs.

Was that the first time that they had offered to meddle with you any way at all? - Yes, he threw me down on the bed, and he took and got upon me, and he entered my body, and he hurt me very much indeed, and I tried to halloo out, and he clapped his hands before my mouth, and he told me if I made any disturbance he would cut my throat, and then after he had done he said he wanted some tea and sugar, and the boy was gone out, he would have none for fear I should tell.

Had you threatened him you would tell? - No; because if I had, he would not have let me go out; the next day, Friday, I went to Mrs. Jarvis's, and I told her of it; I said, I shall not come here any more, for my master has laid with me; and she said, shame of him; and on the Saturday, Charles Burton served me in the same way; only he did not tell me he would cut my throat.

Are sure as to the hour? - I am not; this was in the bed room; nobody was in the house.

Was this done against your inclination? - Yes; it was done against my will.

Did you resist? - I tried to halloo out, and he clapped his hand before my mouth, that I should not.

Was Mrs. Jarvis the nearest neighbour to you? - No; there was a woman over the way, but I did not know her; Mrs. Jarvis kept a shop about a quarter of a mile off; and there I bought my tea and sugar: my relations acquainted the overseer; I saw my aunt on the Monday, after I ran away on the Sunday; I slept at Mrs. Holmes's on the Sunday night; there was a boy lived there; and the prisoners, and Burton, put me to bed to him; and when I went away, I was quite lousy; they put me to bed with a lousy boy; he lives there now; I do not know his name; I said, I did not like to lay there; and he said I should; they had two beds to themselves; before that, I had a bedstead and some cushions, and a good many old rags.

Did you sleep in any bed with either of these men before? - No, Sir, I never slept in a bed with them of a night, only when they served me so; both these men slept together on the Sunday night, the first night I went there; and I slept in a room by myself; on the Friday night, one of them was gone out, and one was at home; but I slept in one of the beds by myself; there were three rooms up stairs; I slept in one of them every night; the rooms had all beds in them; but there was another boy there; and the boy ran away; one man slept at Mr. Ballard's every night, while the women were there that went away; then there was a married woman and some children; and they used to lay there; and Studbury's sister and me used to lay together; she did not stay in the house long; I believe she staid till the Monday; I cannot tell.

Then, when she and the family went away, there was no woman but yourself? - No,

Then, where did you use to sleep during that time? - In that room, on the right hand side; there was a bed there; and Burton used to go to Mrs. Ballard's.

Did not you use to sleep on cushions and rags? - Yes; that was when Edward Studbury 's sister was there; that was another sister.

You had never been put to bed to this lousy boy, till Saturday night? - No.

Mr. Garrow, Prisoner's Counsel. My little girl, do you know the name of the boy? - No, I do not.

These two people lay with you, each of them once? - Yes.

They, each of them, carried you up stairs to bed? - Yes.

How did they carry you? - Studsbury took me over the arm, and clapped one hand before my mouth, that I should not halloo.

Under which arm? - I cannot tell which arm.

A good wide large stair-case? - It is not such a very wide one.

How many people could go up at a time? - It is a good long pair of stairs, and narrowish; Burton took me up in the same way.

How long was this after Burton had broke his collar bone? - He had his arm out of his sling, when he first served me so; his arm was undone before then; I cannot tell how long; I cannot tell whether one day or two; nor which arm it was.

Has it ever happened to you, to be ravished by any body but these two men? - No, Sir; I never was laid with by any body but them; I am quite sure of that.

Are you sure it was not one o'clock? - I am not sure; it was before dinner; that I am positive of.

And you always said it was before dinner? - Yes.

What time used you generally to dine? - I did not dine that day; I had no victuals; it was before two o'clock; I generally dined at two.

What time did Burton lay with you? - Between twelve and one.

You never said it was between four and five in the afternoon? - No.

Never in your life, that you are sure of? - Yes.

Can you write? - No.

Is that the mark you made? - Yes.

Your examination was read over to you, before you put your mark to it? - Yes.

My little girl, how long after these people lay with you, did you go before a justice of peace? - I cannot tell how many days.

Recollect a little; sure you can recollect. Now I will help your memory a little; first of all, you know Studsbury lay with you on the Thursday; on the Friday you told Mrs. Jarvis; on the Saturday, Burton lay with you; and on the Saturday night, they put you to bed to a lousy boy; and on Sunday, you ran away, and on Monday, you told your aunt? - Yes.

How long after you slept at Mrs. Holmes's, was it that you went to the justice? - I staid at my aunt's till the next Thursday; I believe it was above a week after I got to the work-house, before I went to the justice of peace.

Did you never say this happened between the 8th and 15th of August? - No, Sir; only I said it happened on Thursday; I did not know what day of the month myself; my aunt told the overseers, and they took me to the justice.

Have you any complaint on you now? - Yes; I have a great deal of complaint.

You have the foul disease? - Yes.

You got it then from one of these two people? - Yes.

Nobody else could have given it you? - Certainly not; I have it very bad; and so I had at my aunt's; I told my aunt.

Now, recollect yourself, and remember that nobody can hurt you for telling the truth; upon your oath, how often had you laid with that servant boy? - Sir, I did not lay with the servant boy at all; I did not indeed.

Was you never in Mr. Burton's bed room, with the servant boy, named William Johnson ? - Never.

You never asked him up in that room? - No.

He never lay with you, once, twice, nor thrice? - No, Sir.

Do you mean to swear, that the boy, William Johnson , did not lay with you three times, while you was in the service of these people, on Mr. Burton's bed? - No, Sir, he did not.

He never offered any rudeness to you? - No.

You never played nor toyed with him? - No, Sir.

Nor with any body else, but these two men? - No, Sir, I never did.

When was the boy turned away? - On the Sunday night; that was the lousy boy; the other boy would not stay; he went away of himself; not on the same Sunday.

What was the lousy boy turned away for? - They said he drank the gin; he only gave me a little drop; there were two men came by, and he gave them two glasses apiece; I had two-pence of my own; and the lousy boy persuaded me to fetch a pint of strong beer; he was turned away, because my master had been jawing him; he said he was quite drunk; and he asked me what was the matter; and the boy had been cutting me with a horsewhip, because I would not fetch a pint of beer; and I told him; I was not drunk, but they said I was drunk; just after, I ran away; and about the same time, the lousy boy was turned away; I was not turned away.

Do you remember, that before he was turned away, Burton carried the lousy boy, or Johnson, into his room, and asked Johnson how his bed came to be so beastly dirty? - I did not see him take him up; I know nothing of it; Burton asked me how came the sheets so dirty; that was on Sunday, after dinner; just before I ran away; I said, I did not know, for I had not been up stairs; no more I had.

Court. Why, had not you made the bed? - No; Burton had slept there the Saturday night.

Had you perceived your disorder come on, before you left this house? - Yes.

Mr. Garrow. Were there any marks on your linen on the Friday? - No; my linen was not bad, but I could hardly walk; the midwife said I must take a dose of salts, and I should find some disorder come from me.

Then, all the complaint you had before you left their house, was, that you could not walk? - Yes.

You was so on the Friday? - Yes.

Then, when Burton laid with you on the Saturday, he must hurt you sadly? - Yes, he did.

What sort of dirt was it that Burton complained of? - I do not know; I did not go up to see.

Did not the boy say that you had asked him to go up stairs and lay with you; and that you had done so several times? - He said so when Burton came to ask him the last time.

Did he charge the lousy boy with it? - Yes; there was but one boy there; that was the lousy boy.

Then, he asked the lousy boy how it happened? - Yes; and then the boy brought a mane comb, and said I called him up stirs, but I did not.

What else did he say that you did together, when you got into the bed room? - Sir, he said he had done impudence to me.

What impudence did he say he did to you? - Sir, he said I was looking the fleas; and he locked the door, and threw me down; I was looking the fleas, and the boy took and threw me down, and got upon me; and clapped his hand on my mouth; and that is the truth; he did all this on the Sunday.

Let me see, you was ravished on the Thursday by Studsbury; again on the Saturday by Burton; and then by the boy, on the Sunday? - Yes.

Why, the first question I asked you, was whether you ever was ravished but by them? - I said, that nobody had laid with me before this.

Jury. We are satisfied.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. Justice WILSON.


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