Old Bailey Proceedings.
15th October 1777
Reference Number: 17771015

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Old Bailey Proceedings front matter.
15th October 1777
Reference Numberf17771015-1

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THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the COUNTY of MIDDLESEX; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 15th of October 1777, and the following Days;

Being the EIGHTH SESSION in the Mayoralty of The Right Honble Sir THOMAS HALLIFAX , LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY JOSEPH GURNEY , And Published by Authority.

NUMBER VIII. PART I.

LONDON:

PRINTED BY WILLIAM RICHARDSON ; AND SOLD BY S. BLADON, in PATER-NOSTER ROW.

[PRICE SIX-PENCE.]

THE WHOLE PROCEEDINGS UPON THE

KING's Commission of Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.

BEFORE the Right Hon. Sir THOMAS HALLIFAX , Knt. LORD MAYOR of the City of London; the Honourable Sir WILLIAM HENRY ASHHURST , Knt. One of the Justices of his Majesty's Court of King's Bench; the Honourable Sir JAMES EYRE , Knt. One of the Barons of his Majesty's Court of Exchequer; Mr. Serjeant GLYNN, Recorder; THOMAS NUGENT ; Esquire, Common Serjeant; and others his Majesty's Justices of Oyer and Terminer of the City of London and Justices of Gaol Delivery of Newgate holden for the said City and County of Middlesex.

London Jury.

John Acton ,

Thomas Pike ,

John Heley ,

Joshua Gregory ,

John Morgan ,

John Oakes ,

William Phillips ,

Benjamin Ivory ,

Stephen Clarke ,

James Bolter ,

Edward Thornton ,

Charles Poyner .

First Middlesex Jury.

William Wilton ,

Josiah Wallis ,

Nathaniel Allen ,

John Body ,

Joseph Reed ,

William Rogers ,

Charles Morgan ,

Thomas Gilbert ,

Richard Dowding ,

John Berkley ,

Samuel Burton ,

Joseph Ainsley .

Second Middlesex Jury.

John Scott ,

John Jenkins ,

James Blay ,

James Hergest ,

Timothy Bentley ,

John Graterix ,

Francis Jones ,

John Tidmarsh ,

Alexander Hewitt ,

William Chapman ,

Caesar Andrews ,

William Crasswell .

BENJAMIN RUSSEN.
15th October 1777
Reference Numbert17771015-1
VerdictsGuilty; Not Guilty; Not Guilty; Not Guilty
SentencesDeath

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615. BENJAMIN RUSSEN , Clerk , was indicted for that he in and upon Ann Mayne , spinster , did make an assault, and her the said Ann against her will did feloniously ravish and carnally know , June 18th .

2d Count. For the same offence on the 11th of September .

The witnesses were examined apart at the request of the prisoner.

ANN MAYNE called.

How old are you? - I was ten years old in July last.

You have been bred up at this school, have not you? - Yes.

Do you know now that you are come here to be sworn as a witness? Do you know the nature of an oath? What do you think would happen to you, if you was upon the oath that you are to take here to say what is untrue? Where do you suppose that wicked people will go to in the next world? You know there is a God? - Yes.

And you know there is heaven and hell? - Yes.

Where do good people go to in the next World? - To heaven.

Where do wicked people go to? - To hell.

Do you know it is a bad thing to tell a lie? - Yes.

And that it is much worse to say what is false when you are sworn? - Yes.

[She is sworn.]

COURT. Don't be afraid, so long as you speak the truth you need not be afraid of any body.

You know the prisoner at the bar? - Yes.

He was your master? - Yes.

You are in the charity-school at Bethnal-green , I believe? - Yes.

Give the Court and the Jury an account of what the prisoner at the bar did to you, and the time when, as near as you can, and relate all the circumstances of it. Speak out, and don't be afraid. - Mrs. Russen is mistress of the charity-girls; when her daughter went upstairs to mind the children, he asked her to let me stay below with him when he went to sleep after dinner, for fear he should fall into the fire; when she was gone upstairs he took me upon his knee, and then put me down and put up my petticoats, and put his finger up between where I make water.

Where did he put you when he put you off his knee? - Close to him; he sat and I stood for a little while; then he laid me on the kitchen-chair, then he took up my petticoats, unbuttoned his breeches, and put something up the inside of me.

In what situation did he continue? Did he continue standing up or how? - He laid across me; afterwards he gave me a red and white handkerchief to wipe me with; then my mistress's daughter came down, and he told her he could not get any sleep.

Did he say any thing to you before that? - He said if I told my mother, or sister, or any body of it, that he would flog me severely.

When he laid down upon you, what was it that he put to you? - His private parts.

Did he enter your body? - Yes, he put his private parts quite inside of me.

Did you feel any thing come from him? - Yes, all wet.

Where did that come from? - From my master.

Were you at all hurt by this afterwards? Were you sore or hurt? - I was sore, I could not make water for five days.

Do you remember in what month this happened? - No.

Do you remember how long ago it is? - I know it was when my mistress lay in.

Was it before or after? - It was in the time of my mistress's lying-in.

Did you mention this afterwards to any body? - No; on Thursday he went out to dine with a gentleman, and he gave the boys half a holiday; when he came home, he had three boys to do some work in the garden; then he sent the boys for some horse-dung to the church; then he called me to him, and laid me across the committee-chair in the committee-room; when he was getting on me he heard somebody come, and he got off from me and looked at the door, and there was nobody coming; then he did the same to me as he had done before.

You must mention what it was he did to you. - The same as he did before.

Did he do the same as before? - He lay upon me, and some stuff came from him; but there was not so much as there was at first.

Did you after this tell this story to your mother or sister? - My sister went to wash my linen, and she saw the stuff on my shift; the first time Mrs. Pearce washed my linen she thought I had some sore; when my sister mentioned it to me I told her what I have told now.

Was it shortly after the first or second time that you told your sister? - After the second time.

Then your sister's observation must have

been within a few days after this happened? - Yes; my mother was at work, and did not know it.

Not till your sister told her? - No.

Did your mother look at you when she came home? - No.

What! not at all? - No.

Did your mother at no time look at you, to see if any thing was the matter with you? - She went to a doctor in Whitechapel.

Do you know what his name is? - No.

Did the doctor look at you? - Yes.

Cross Examination.

Who was at home when you say your master served you so the first time? How many people were in the house? - My mistress was in the house and the girls up stairs.

Who was it that he spoke to, to desire that you might stay below, his daughter or his wife? - His daughter.

How many children were there in the house at that time? - His daughters.

What age are his daughters? - I don't know.

Are they bigger than you? - Yes, one is as big as my biggest sister.

What, she manages amongst the children as a mistress? - Yes, sometimes.

How far is that room from the kitchen? - It is not far.

Where were his daughters and the children? - In the kitchen the 2d time; they were all in the kitchen.

Where did the daughter go after she left the kitchen the first time? - She went up into the school.

How far is that school from the kitchen? - It is up one pair of stairs.

Is it over the kitchen? - Yes.

Only one pair of stairs up? - One pair of stairs, and two or three steps more.

Can you recollect how many children were in the house besides the mother and her children; how many children has he? - Six in all.

Are they all able to run about the house? - Yes, all but one.

And how many charity children, besides you, were in the house that you recollect? - I don't know how many there was.

What time of the day was it? - It was after dinner.

Were the boys come to school at that time? - Yes.

Do they go to school in the same room with the girls? - No.

Where do they go to school? - On the other side.

One side of the school is for the boys, the other for the girls? - Yes.

Were the boys come to school at that time? - Yes, they were all in the school.

How many boys are in the school? - Thirty.

How many girls? - I don't know.

Were there seven or eight charity-girls in the house at that time? - Yes.

And the two schools are up one pair of stairs? - Yes.

Is it a large stair-case that goes up to it? - Yes.

Are the school-doors kept shut? - Yes.

How many weeks ago was this? - I cannot tell.

Was it in hot weather or cold? - It was in hot weather.

Did they use to keep in hot weather the door of the school-room shut or open? - It was shut sometimes and the window open.

Sometimes the door was open perhaps? - Yes.

Did you go up to school that afternoon? - No.

Were the other girls up in the school? - Yes.

Did your master go up to the boys as usual? - He gave his daughter the watch, he asked me what it was o'clock; I told him it wanted 25 minutes to two; he said his watch went too slow.

Then it was before the school began in the afternoon? - Yes.

It begins about two in the afternoon? - Yes.

Did he go up when the usual hour began into the school? - Yes.

And did you go up to school? - No.

How came you not to go up to school that afternoon? - He told me to keep below to clean out the kitchen.

And did you clean out the kitchen? - Yes.

You went about that business as usual? - We used to take it by turns.

Was it your turn that afternoon? - It was not my turn; but he told his daughter to let me stay below.

Were there any servants in the house, or did his own family do all the work? - There were no servants in the house.

Were there any girls bigger than you in the charity-school? - Yes.

Did you cry out? - No; I tried to get off the chair, and he took and leaned hard on me; I told him so, and he did not mind it, as if he did not hear me.

How came you not to cry out when he hurt you; was it the bearing hard upon you that hurt you? - Yes, and something else hurt me.

Which hurt you most? - Not his leaning upon me.

It is a wonder you had not cried out when he hurt you, if he hurt you much? - I was frightened at the first, and I told him of it and cried, and he did not mind it.

If he had hurt you very much, you must have cried out; but you did not cry out at all? - No.

You cried, but did not cry out for help? - No.

How long was it after this before ever you mentioned any thing of it, either to your sister or mother? - It was a month or thereabouts after the first-time, as I believe.

You never mentioned it to any of your school-fellows, or to any person whatever? - No.

The last time you said it was in the entry? - Yes.

You don't call that the committee-room? - No, there is a step or two to the committee-room.

Does that entry go to the committee-room? - No, it goes to the boys school.

What time of the day was that? - Between four and five in the afternoon.

Were the boys and girls all at home at that time? - The boys had half a holiday that time, the girls were up in the school.

The girls school is not far from the entry? - No, you go into the parlour, and go up into the girls school.

Then, from this entry, there is a door into the girls room? - Yes.

And no other door? - Yes.

COURT. Was this in the entry that leads to the girls school? - No, the boys.

Where was the place it happened the second time, in the entry or committee-room? - In the entry that goes into the committee-room.

COUNSEL. Suppose you go up stairs and go through the boys school, do you pass thro' the school to go into that entry? - No, you go down; the committee-room is down below.

Is it up one pair of stairs? - No.

How far is that entry from the girls school? - A good bit.

There is no door, but the door of the school-room? - The parlour-door as you go into the entry.

Then, as you go through the parlour, you go through the committee-room, without going into the boys school? - Yes.

This entry is not up one pair of stairs then? - No, down by the committee-room.

Now, how far is the committee-room from the kitchen? - Three or four yards.

You say that was about five in the afternoon? - Yes.

Do you recollect who was in the kitchen at that time, or who was about the house? - My mistress's daughters were below stairs, he went and shut the door.

Was your mistress below stairs then? - No, she was up in the school minding the girls.

You did not make any noise the second time more than the first? - No.

Was you standing upon your legs the second time? - No.

How then? - He laid me across the chair.

I thought you said it was in the entry, not in the committee-room? - The second time after the first time he laid with me in the committee-room.

You did not cry out? - No.

How came you not to cry out; did he or did he not hurt you much the second time? - He did not hurt me much the second time, not so much as he did the first; I told him that he hurted me; he did not seem to hear it.

Till your sister found it out you did not speak of this to any body? - Mrs. Pearce

would not let me go to school, she sent one on the other side of the water to my mother.

Did she say any thing particular to you? - She asked me; I told her what my master did to me; she sent me to my mother, and I told her of it.

Was this after the first time he used you so? - The last.

Was it the first time that you told Mrs. Pearce? - Yes; I understood Mrs. Pearce washed my linen; at the first she did not say any thing; she thought I had some sore.

Did you tell Mrs. Pearce the first time, when she saw your linen? - No; the last.

That was a month after the first? - Yes.

If they had not observed the linen, should you have told of it at all? - No.

Who was it that began to make a stir about it, after you had told Mrs. Pearce? Was she the first person, or your mother, or who? - Mrs. Pearce was.

What did she do upon being told of it? - She told my mother; my mother went on the Saturday and took him up.

What became of him after he was taken up; was he taken before a justice of the peace? - I don't know.

Was you before any justice of the peace? - Yes.

Was he before the justice at the same time? - Yes.

What justice was it? - Mr. Wilmot.

You told the same story as you tell here? - Yes.

Was your mother and Mrs. Pearce by at the time? - Yes.

And what did the justice do upon hearing this story, and the complaint of Mrs. Pearce and your mother; did he send your master to prison or discharge him? - I don't know.

Did you go to school any more? - Yes.

Was he at home at his house after that? - My mother would not let me go to school after that to my mistress and master.

What surgeon looked at you except that doctor in Whitechapel? - Mr. Hart.

He lives about Whitechapel? - No, he lives just by, at Bethnal-green.

He examined you? - Yes.

Was your mother by at the time? - Yes. And Mrs. Pearce? - No.

Do you know Mr. Hyams? - No.

What other doctor besides Mr. Hart examined you? - I don't know.

But there were other doctors, though you don't know their names? - Yes; there was one more doctor.

Did the doctor examine you to let the justice know any thing concerning you? - Yes.

Who sent for the doctor to examine you? - My mother took me with her.

That is to one Mr. Hart that lives upon the green? - Yes; and to the other doctor that lives in Whitechapel.

Did she carry you to the other doctor in Whitechapel? - Yes.

Did they appear before the justice? - No.

Was there any doctor before the justice? - No.

And you don't know whether the justice sent Mr. Russen to prison after you had made this complaint, or discharged him, sent him about his business? - No.

Did one of the doctors that examined you say, that what you said was not true? - No; they said the part were inflamed.

Which of them said so; was it Mr. Hart? - Yes.

What did the other doctor say? - He said the same, that the part was inflamed, and that I had been injured by somebody.

Do you know whether the doctor's name was Haines? - There was one of the name of Haines; he said I had not been injured.

And Mr. Hart said he thought you had? - Yes.

Mr. Haines did not go before the justice? - Yes, he did.

Did he tell Mr. Wilmot what you say now, that you had not been injured? - He said he thought I had not been injured.

You heard him tell the justice so? - Yes; he said I had not been injured.

MARY MAYNE sworn.

How old are you? - I was fifteen last July.

You are the sister of the last witness? - Yes.

Did you at any time, and do you recollect about when, wash your sister's linen? - I never washed it myself.

Had you ever occasion to look at it? - When I was going to washing I saw it.

When was that? - It was on a Friday.

Do you remember in what month? - No.

Did you observe any particular appearance upon the linen? - There was some yellow stuff as stiff as buckram; I asked her how that came there, she said her master did it; I asked her how, she said, when her mistress lay in he called her to him and set her atop of his knee, and put his hands up her petticoats, and put his fingers where she makes water, and hurt her very much indeed, and then he put her down, unbuttoned his breeches, and put in something else which hurt her very much indeed; that it was the second time in the committee-room upon two chairs; she said he hurt her very much, that she could not make water for four or five days, and was very sore indeed.

Did she say how long a distance of time it was between the first and second time? - There were three times, twice in one day; he shut the door, he thought he heard somebody coming; he came again, and shoved her up against the boys wainscot, and wiped her with a red and white handkerchief: I told Mrs. Pearce, and she told my mother.

Did either Mrs. Pearce or your mother see the linen? - Mrs. Pearce washed the linen herself.

Is Mrs. Pearce here? - Yes, she is: on the Saturday he sent to my mother; a boy came that is with Mr. Russen; he said, is your mother at home; Mrs. Pearce said, no; he said, is Polly at home, or Nanny, either of them would do; Mrs. Pearce would not let either of us go.

When was that? - Of the Saturday; the day after my sister and I went together; we would not go in either of us; he begged and prayed we would tell him where my mother was; I said she was at work on the other side the water; I could not tell whether she had done work or no; he asked where my father was; I said, I believe he is at work; he said, I beg for my sake you will tell me where your mother or father is, for I shall not rest all night.

Cross Examination.

The first thing you saw the appearance of the linen? - Yes.

She did not tell you any thing till then? - No; I thought no harm till I saw the linen.

The appearance of the linen was yellow? - Yes; I had never seen it before, and that made me suspect something.

The appearance was yellow? - Yes, and as stiff as buckram.

There was no other appearance upon the linen at all? - No.

Did you ever hear your sister make use of any expressions of resentment against her master? - No.

COURT to ANN MAYNE . How old are you? - I was ten in July last.

Was the first of those times that you talk of that this happened, before or after your birthday? - The first time was before my birthday.

SARAH PEARCE sworn.

You wash for the school I believe? - I do not: her mother is a poor woman; has a back room in my house; as her mother was out at work I washed the child's shifts now and then; I saw something upon it; I thought the child had a sore; the child was very loth to go to school, and played a truant a great while.

About what time was it you made the observation? - I reckon it must be about nine months ago.

It must be about the beginning of the year: - Yes.

COURT. Is there any thing particular that leads you to the recollection of the time? - I took very little notice, that I cannot rightly tell; her mother was out a nursing, she can tell better than I can.

Was it before May do you think? - Yes, I believe it was; I believe it was very near nine months ago.

Was the linen shewn to you at any subsequent time? - I used to wash it; the child had played a truant a great while; I told her father and mother; they used to beat the child unmercifully, because she did not go to school; I could not bear to hear it, so I did not tell them the last time; I told her she must go to school: her sister was about washing her linen; she saw something; she told me, and I told her mother.

Was the linen shewn to you the second time? - I did see it, but I did not mind it at all; I am a single person; I did not take notice.

Do you know Mr. Russen's family? - I know them by sight.

Did you happen to know at what time of the year Mrs. Russen was brought to bed? - I

cannot be particular, I believe it is pretty near nine months ago.

SARAH MAYNE sworn.

You are the mother of the young girl that is the prosecutrix? - Yes.

Did you at any time see any of your daughter's linen? - No.

The first time you heard of this transaction was from Mrs. Pearce, was it? - It was.

Did you take the child to any surgeon or any person to examine her? - Yes.

Who did you take her to? - To Mr. Gilson's, in Whitechapel.

Was she examined by any body else? - Yes, another gentleman, a Mr. Hart.

Was there a Mr. Haines examined her at all at your request? - Yes; Mr. Haines examined her at Mr. Russen's request.

Do you know at what time of the year it was that Mrs. Russen was brought a bed? - I don't know exactly; it was in February.

What age is your daughter the prosecutrix? - She was ten the 18th of last July.

Cross Examination.

You never observed your child's linen at all, you say? - No.

DAVID WILMOT , Esq; sworn.

You are the magistrate before whom this girl was brought and examined? - Yes.

You have heard the account she has given in Court to-day, was the account she gave before you the same, or different in any particulars? - It was very nearly the same.

Does it differ in any material circumstances? - No, not at all.

Cross Examination.

Do you recollect when this first complaint was made? - Last Saturday was fortnight.

What was done upon that complaint. - She and her mother came to my house; I heard the complaint; I went down to the school with one of the trustees that lives at the next door; I told them the complaint that was made against him; I went to Mr. Hawkins, one of the trustees, went with him to the school-house; he went up to my house directly; the girl was there, and the father and mother.

- Counsel for the Prisoner. I don't mean to trouble you with any more.

Cross Examination of SARAH MAYNE .

She was examined by three surgeons? - Yes.

Is either here? - Yes, Mr. Haines is here.

Counsel for the Crown. Let him be examined.

- HAINES sworn.

Counsel for the Crown. You are subpoenaed here, I believe, on the part of the prisoner? - Yes.

You was desired by him to examine this child? - By Justice Wilmot I understood it.

Where did you examine her? - At the Justice's house.

When was it? - On Saturday the 20th of last month I think.

You will speak as a fair man what observation you made upon it. - I was sent for by the Justice, that he desired to speak with me; when I went I found Mr. Russen and the parties there; the Justice told me the case, and desired me to examine the girl, which I did accordingly did: it did not appear to me that there had been any violence used; there was not the least laceration that I could porceive; and, if I understood right, there was a young man there that said he was a surgeon, that the Justice knew something of, at the time, that was with me; I desired him that he would introduce his finger into the pudenda; the child could not bear it; we both agreed, that no violence had been used.

Do you mean by that, that there had been no offer of violence; was there no appearance that any violence had been offered the child? - There was no laceration.

Probably not, at that distance of time; but was there no mark of any violence of any sort? - None that I perceived.

Did you recollect how long that was from the time that the girl alledged that she had been ill used? - I remember the child said, she had been ill used about last January; I then blamed her for not speaking of it; she gave me no satisfactory answer.

If there had been any inflammation, it would have subsided before that time, and nature would have provided for any laceration; it would have healed? - It would.

Counsel for the Prisoner. If the hymen had been broke you must have known it? - Yes.

Then, to the best of your knowledge, her body had never been entered? - Yes.

Is it not usual for children to have what is

called the Whites? - Yes; it might come from a strain.

And then it would be yellowish and stiff? - Yes, it would be rather stiff and whitish.

Counsel for the Crown. Had she any appearance of that disorder upon her? - No.

Counsel for the Prisoner. If any man had entered the child's body, must not the hymen have been broke? - Yes, and a large effusion of blood would follow it.

Upon that person's introducing his finger she cried out? - Yes; she cried out, and I desired the young man to desist; she could not bear it.

Though it was done as gently as possible? - Yes.

FOR THE PRISONER.

- ROBBINS sworn.

You are usher, I believe, to the school? - Yes.

How long have you been usher of that school? - Two years.

What has been Mr. Russen's conduct with regard to the children? - I saw nothing amiss.

What has his conduct in general been to the girls of that school? - Decency in the greatest point.

Do you know this Ann Mayne ? - Yes.

What has been her conduct in the school? - I have nothing to do with the girls, only with the boys.

If any noise had been made in the committee-room, or in the passage of the committee-room, must they have heard it in the boys-room? - Yes.

They must have heard any little noise? - Yes.

There is only a thin partition? - Yes.

How far is the kitchen off? - It is behind the parlour.

How is it divided from the parlour? - There is nothing but the door.

So that if any noise had been in the parlour, you must have heard it in the kitchen? - Yes.

PRISONER. The witnesses are consulting together that have been examined, telling one another what to say.

COURT. Now their examinations are closed.

- GREENWOOD sworn.

What are you? - An upholsterer and cabinet-maker.

How long have you known Mr. Russen? - near 20 years.

What has been his general character from that time to this? - For the latter part of his time I can say but little about it, for the time that I knew him, when he did business for me, he was always a man of good character, as far as I know; I have known little about him of late, no farther than seeing him occasionally.

- SENHOUSE sworn.

I am an upholsterer and cabinet-maker; I have known Mr. Russen I suppose 20 years.

What is his character? - The former part of the time a very honest man; he is a man that I should never have suspected of any thing of the kind.

He has a wife and 6 children? - I don't know, I have not been at his house for many years; I always found him in his business, and so forth.

- MILLS sworn.

I am a weaver.

How long have you known Mr. Russen? - I cannot particularly specify the time; I believe about 3 or 4 years; just before he got orders, he was recommended to me as a man that bore a very excellent character, his testimonials to the bishops were signed by 5 persons of unblemished reputation, and I believe I was rather a means of recommending him to get ordained; and since that time I have always thought him to be a decent, moral, modest man.

- CANEY sworn.

How long have you known Mr. Russen? - More than 20 years.

What is his character? - I have been acquainted with him pretty intimately lately; I always thought him a man of good character; I moved his furniture into the school.

What is his character as a moral man? - I always thought him to be a very honest, and a very quiet man; I knew him when he was curate of Stepney; I had a good opinion of him then, and always had.

JURY. My Lord, Mr. Gilson is come, we could wish to have him examined.

Mr. GILSON sworn.

You are a surgeon, and live in Whitechapel, I believe? - I am.

Was Ann Mayne , the girl, examined by you at any time? - I don't recollect that she was.

Did you not examine a child? - I examined Mary Hawkins , Mary Addle , and Rachael Davis ; there was a girl prior to those came, who I did not make any minutes of.

Should you know the girl again if you was to see her? - I really don't know.

Counsel. Put up the girl and the mother. (The witness looks at the girl) I cannot speak with certainty.

(To the girl's mother) Did you send your daughter to Mr. Gilson to be examined? - Yes.

Did Mr. Gilson examine her? - Yes, he did.

Mr. GILSON. It was at a time that I gave my advice gratis in the morning to many poor people.

You have not recollection enough of the matter to give any account of the circumstances? - Not positively.

Do you recollect nothing of the matter, none of the circumstances of it? - I believe I do; I thought there appeared a flight inflammation in the vagina, that is, the passage that leads to the womb.

But you have not such a remembrance of it as to speak with great precision? - No.

Mr. JOHN BANNER sworn.

I have known Mr. Russen 3 or 4 years; he used to read prayers at Cripplegate, the parish I live in, that was the way I knew him.

What has been his general character? - I never heard any but that of a very good one till this affair.

JOHN PAGE sworn.

I am an hosier; I have known Mr. Russen about 8 years; his general character during that time has been very good, I never heard any spot upon it.

Another Witness sworn.

I have known him 20 years, I never heard a blemish upon his character.

PRISONER. I should be glad if Mr. Haines the apothecary may be heard respecting the state I was in at the time the information states; I was very bad; I kept my bed; Mr. Haines attended me.

Mr. HAINES. I attended him in a fit of illness in January last.

What state of health was he in? - He had a very bad fever and sore throat.

A putrid sore throat? - Yes.

Then I suppose he was very low? - Yes.

Not likely to commit an offence of this kind? - I should think not.

Cross Examination.

When did you cease to attend him? - About February.

About the time his wife was brought to bed? - The nurse was there waiting for her; he did relapse again.

PRISONER. At the time that they lay this first charge against me, Mr. Haines and one of the boys sat up with me every night, at the time when she says it was in the boys room.

SAMUEL FLEET sworn.

You are one of the boys in this school at Bethnal-green? - Yes.

Do you remember in what state of health Mr. Russen was in last January and February? - He was took with a fever.

And sore throat? - Yes.

Was he very ill? - Yes, very ill indeed.

Did you attend him particularly? - Yes.

Did you sit up with him of nights? - Yes.

Was y ou with him most of the time? - Yes.

Was he so ill that he could not be left? - He could not be left at all.

And you was the person that was with him during the months of January and February? - Yes.

Cross Examination.

Do you mean to say that all the months of January and February this gentleman kept his bed? - Yes.

During the whole of those two months? - Yes.

He performed no part of the duty of the school? - No.

Was he ill any part of March? - I cannot say.

What day did he first leave off keeping his bed? - I cannot say.

How do you know the months? - I know it was January and February.

How do you know that? - Because I was there all the whole time.

Why do you recollect the month of February in preference to the month of April? - Because he was sick in those two months.

Has any body told you that those were the two months that he was sick in? - He was sick in those two months.

Who has told you so? - Nobody; because I was with him the whole time.

How do you remember it? - I remember it very well.

What day was your mistress brought to-bed? - I cannot justly tell the day of the month.

What month was she brought to-bed in? - In February, I believe.

What time in February, the latter end or the begioning? - Towards the latter end of February, I believe.

Was your master confined to his bed at the time your mistress was brought to-bed? - Yes.

Did he get up before your mistress did? - I cannot justly say.

He has children that are grown up, has he not? - Yes.

Has he any servants in the house? - No.

The boys wait upon him in their turns? - Yes.

Did you wait upon him the whole time, or were there any other boys employed too? - No other boys, I waited on him during the whole two months.

Counsel for the Crown to HAINES. Was Mr. Russen confined to his bed all the two months of January and February? - No.

Counsel for the Prisoner. Was he confined to his room? - Yes.

Counsel for the Crown. Do you say he was never out at all? - I left him tolerably well in January; I was sent for again in February; so some days intervened.

You did not leave him till you thought him tolerably well? - When I left him he was not quite well enough to go abroad; I left him when I thought there was no occasion for any more medicines.

Counsel for the Crown. Do you know whether he was able to attend his school in any part of January or February? - Not when I attended him.

JURY. We wish to know that fact from the usher.

- ROBBINS called.

Counsel for the Crown. Did Mr. Russen do the duty of his school any part of the months of January and February? - Yes; but at Christmas time I remember he was ill.

Do you remember the time when Mrs. Russen was brought to bed? - No.

Do you not remember about what time it was? - Not the day.

Do you remember the month? - Either January or February.

About that time did Mr. Russen attend the duty of his school? - He did.

Was he absent from it a month in the whole? - Not to my knowledge.

JURY. Did you keep no holidays at Christmas? - Yes.

What time did you open your school again in January? - A fortnight.

What day? - I cannot say.

Was Mr. Russen in the school when the children came the first time after the holidays? - Yes.

He was well and attended his duty then? - Yes.

Did he relapse after that? - I cannot say.

Counsel for the Prisoner. Do you remember his having a fore throat and fever? - Yes; the beginning of February.

Was not he confined with that? - Yes; he kept his bed.

Can you tell how often you attended for him? - No; when he sent for me I came.

Then you did not live in the house? - No; my principal business was to go with the children to church on Sundays, Wednesdays, Fridays, and saints days.

Then there might be no school for what you know the other days of the week? - No.

Then Mr. Russen might be confined and not attend the school without your knowing it? - Yes.

COURT. Could he have been confined two months without your knowing it; at those times when he did not attend himself, did you always attend for him? - Yes, when he sent for me.

Did he usually send for you when he could not attend himself? - Yes.

PRISONER. I must refer to the worshipful Justice Wilmot to set that matter right, his worship knows according to the rules of the school.

COURT. If after the children came to school again after the holidays he had been confined for a month or six weeks, could that have been without your knowing it? - I believe he always sent to me if he wanted me.

Did you attend for him six weeks together after the children came to school again? - No.

COURT. Are you usher of this school? - No further than seeing the children to church on Sundays, Wednesdays, Fridays, and saints days.

JURY. Is there any other usher besides you? - No.

Then who attended the school in the prisoner's sickness; did you attend the school for a week together? - No.

JURY. I suppose the boys must have somebody to look after them in the absence of the prisoner? - I believe Mr. Russen begged leave of Justice Wilmot for the school to be alone for so long a time; Mr. Russen told me that he had begged leave for a week or two of Justice Wilmot.

PRISONER. At Christmas we give them the Christmas week and a fortnight, which advanced pretty far in January, during which time I was very bad; at the end of that time I sent for Mr. Hawkins, one of the trustees, and consulted him what I should do; I was not able to keep the school; he said, it was better to give the boys a fortnight longer holidays, rather than have any difficulty in the school; the fortnight holidays were granted, which brought me into February before I opened school, which was on the second Monday in February, during which time Mr. Robbins only came to go to church; Mr. Haines attended me then at different times; my wife was brought to-bed about the 10th of January: on the other hand, the second time the girl accuses me with being in the boys entry, I was employed in the garden with three boys, who all before Justice Wilmot, Justice Spiller, Justice Durden, and Justice Bosworth, declared that I was never out of their company a moment of time while she stood in the boys entry, which was proved, and Justice Bosworth, Justice Spiller, and Justice Durden saw through the evil of it, and acquitted me from the charge; it is nothing now but a piece of spite to try me now for my life, when I was honorably acquitted by those four magistrates, and I was sent home; this was on the Tuesday after I was charged on the Saturday: Mr. Haines was at the office when the examination was, and remembers my discharge; Mr. Wilmot bid me be peaceable about the matter, and go home; this was fairly proved; Justice Durden told the prosecutors that if they ever troubled me any more, that he would imprison them for life.

From the JURY to Mrs. PEARCE. Did you observe much blood upon the shift when you washed it? - I did; but it was upon the side, that is the reason why I thought it a fore.

GUILTY . Death .

Tried by the Second Middlesex Jury before Mr. Justice ASHHURST.

BENJAMIN RUSSEN was a second time indicted for that he in and upon Mary Hawkins , a woman child under the age of ten years, to wit, of the age of nine years , did make an assault, and her the said Mary did carnally know and abuse , against the form of the statute, &c. January 21st .

2d Count. Charging him with the like offence on the 28th of January .

3d Count. Charging him with the like offence on the 4th of February .

4th Count. Charging him with the like offence on the 11th of February .

5th Count. Charging him with the like offence on the 18th of February .

6th Count. Charging him with the like offence on the 25th of February .

7th Count. Charging him with the like offence on the 4th of March .

8th Count. Charging him with the like offence on the 11th of March .

9th Count. Charging him with the like offence on the 18th of March .

MARY HAWKINS called.

How old are you? - Ten, the 19th of last March.

How long have you been at school? - About three years.

Have you been taught the Lord's prayer? - Yes.

And the ten commandments? - Yes.

Do you know what is meant by bearing false witness against your neighbour? - Yes.

What does that mean? do you know the difference between speaking truth and telling lies? - Yes.

If you speak truth, would that be bearing false witness against your neighbour? you know the difference between true and false? - Yes.

What do you think would become of any body that was to say a thing upon their oath that was not true? - They would go to hell.

Do you know what you are come here for? - Yes; to speak the truth.

Do you know that there is a God? - Yes.

Do you know that when you take an oath you call God to witness that you will speak the truth? - Yes.

Would it be a bad thing or a good thing to speak the truth? - A good thing.

If you was to speak false and bear false witness, what would that be? - A very bad thing.

COURT. Now remember that you come here to speak the truth and the whole truth. - Yes.

(She is sworn.)

You say you was ten years old the 19th of last March? - Yes.

Were you before that in the charity-school of Bethnal-green? - Yes.

How long had you been at school? - A good while before that.

Give the Court an account of any thing that was done by Mr. Russen, your master, to you before you was ten years old. How long have you been at school? - About three years in all.

Counsel. Relate the first time your master ever did any thing to you. - It was about two months before my last birth-day; he carried me up into the boys lobby of a Tuesday.

At what time of the day? - About six o'clock in the morning; he carried me into the boys lobby, and laid me on a bed; he unbuttoned his breeches, and laid upon me.

Counsel. Describe the manner in which he lay upon you. - He laid all over me.

Did he put any thing to your private parts? - Yes.

Mention what he put there. - What he pulled out of his breeches, he put it into my private parts; he hurt me very much.

How hurt you? - My private parts.

What did he hurt your private parts with? - With his private parts.

Did you feel or observe any thing else? - I did not.

How long did he continue hurting you? - About a quarter of an hour.

You mean that he continued a quarter of an hour upon you; did he hurt you all the time? - Yes.

Were you hurt on the outside? - The outside.

Was the hurt all on the outside? - No.

Where did you feel the hurt? - The hurt was inside.

Did he do any thing more to you after that at any time? - Yes.

How soon after? - Next Tuesday.

What were you employed in on the Tuesday in particular? - He used to choose me to go and light the fire.

Was it your turn to go and light it every day of the week, or only on the Tuesday? - Only on Tuesday.

Describe what he did to you on the Tuesday. - He took me into the boys lobby again, he unbuttoned his breeches, took out his private parts, and lay upon me.

In the same manner that you have related before? - Yes.

How often did he do it? On any other time? - Yes; on the Tuesday afterwards again.

At what time in the morning? - About six o'clock when I came to light the fire.

JURY. The first time did you observe any blood upon your shift? - No.

Did you the second time? - No.

Did you at any time after this make any complaint to your mother or any body? - No; I never made any complaint, not before he was taken up.

Were you hurt or sore after this usage? - Yes.

Did you apply to any body to give you any stuff? - Yes; I applied to my mother; I said I was rather fore; she gave me some fuller's earth to put to me when I went to bed.

Your mother did not examine you then? - No.

You were not examined till the prisoner was taken up? - No.

COURT. You did not tell your mother any more than that you was sore? - No.

How came you not to tell your mother? - He told me, that if I told my mother I should be hurted and he too.

It was a great while afterwards that he was taken up, was it not? - Yes.

How long did the hurt continue upon you; how long was you sore? - I was sore sometimes till 12 o'clock.

Do you mean upon the day that he served you so, or upon other days? - As he served me so.

Then the soreness did not continue long? - No.

How many times did he serve you so in all? - About nine times in all.

Was this the first time that you have told us of; the Tuesday that you spoke of when he carried you at six in the morning into the boys lobbey, was that the first time he had ever served you so? - Yes.

What time that morning was it that you first saw him? - About six.

How many other girls were there in the house at that time? - None of the other girls were come.

How came you to be there first? - He used to order me to come and light the fire.

How many times before he served you so had you come and lit the fire? - I never came to light the fire before he served me so.

Was this the first time that he bid you come and light the fire? - Yes.

When did he order you to come and light the fire? - It was on Saturday.

Who was to light the fire on the Monday? - Sometimes Mary Price did it.

Who lit the fire on the Monday before the Tuesday? - I believe it was Mary Prescot .

Do you know whether he bid her come to light the fire on the Monday? - I don't know.

How far did you live off? - In Hare-street.

How far is that? - Not far off from the school.

At what time of the day did the rest of the Girls use to come? - At nine.

There were boys in the school? - Yes.

What time did they come? - At seven o' clock.

Had he done or said any thing to you before this time? Had he offered to put his hands up your petticoats, or any thing of that kind, before this Tuesday? - No.

Never any thing of that sort? - No.

How came you to let him do so? - He used to lead me up the first stairs, and walk behind me, and make me walk up.

When you was got up there you was near enough to have cried out, and to have alarmed the house? - He charged me not to cry out.

How came you not to tell your mother as soon as he had done so the first time? - Because he said, if I told my mother he should be hurted and I too.

But you did not like to be so hurt as he had hurt you before? - No.

Did not you think to tell your mother of it, that you should not be served so again? - I thought I should be hurted.

How? - He did not tell me how I should be hurted.

Has any body else done so to you? - No.

What age are the boys? - I don't know their age.

Are they big or small boys? - There are some big and some little.

Was he a good-natur'd master, or was he harsh? Did he use to beat the children? - He never beat us.

He was good-humoured, was he? - Yes.

And did the children like him? - Yes.

He had a wife, had not he? - Yes.

How far is the lobby from where she was? - It is not far off.

Is there any room between her room and the lobby? - There are two pair of stairs.

Did any of the other girls, or children, tell you that he had done such things to them? - No.

You never heard of any such thing? - No.

You never found any blood, you say, on your linen? - No.

And the soreness did not use to last long? -

No; sometimes it lasted all day, sometimes only till 12 o'clock.

Did you never wipe yourself with any thing at all? - My mother used to put a handkerchief under me.

Who used to wash your linen? - Sometimes my mother, sometimes my grandmother.

Cross Examination.

You never observed any blood at all? - No.

MARY HAWKINS sworn.

I am the mother of this girl.

Were you used to wash her linen? - Yes.

Did you at any time make any observation of her linen? - No.

Did she at any time make any complaint to you of any sort? - Yes; of her being fore.

About what time? - Just before her birthday.

COURT. How long before her birth-day? - I really cannot say how long.

What did you do for her? - I gave her some fuller's earth, and she put it herself to the part.

Did you examine her? - I did not.

How came you not to do that? - As she was a child, I thought it was by her running, and the heat of her water.

So you treated it as a common thing? - Yes.

Is it a usual circumstance to happen to children to be in that state? - Some may more than others.

You never examined her yourself, nor took any more notice of her, till the prisoner was apprehended? - No.

I believe, after he was apprehended, you examined the child? - Yes.

How long ago did you examine her? - I don't know what day.

How did she appear to you at that time? - She looked very red and much inflamed.

Did you take her to any surgeon? - Yes; Mr. Gilson examined her.

Was that on the same day you examined her yourself? - I examined her afterwards.

You thought she had chased herself with running? - Yes.

Mr. GILSON sworn.

Do you remember when this girl was brought to you to be examined? - I believe it was on the 30th of September (refers to a memorandum) it was on Tuesday, September the 30th. I thought the Vagina was rather wider than I expected to have found in a girl of that age; but, upon introducing my finger, I found that the Hymen, which is a membrane that generally gives way by copulation, was not broken.

Did you make any other observation? - No.

Did any degree of inflammation appear? - There was a trifling inflammation.

COURT. The inflammation was merely external? - Yes; there could have been no copulation, at all; as the Hymen was not broke I judged there was no immediate entrance.

COURT. Do you mean that there could be no degree of penetration without the Hymen being broke? - Very trifling.

But do you say that there could be no penetration at all without the Hymen being broke? - I do; not into the body.

Mr. HYMAN sworn.

COURT. You are a surgeon? - Yes.

I will ask you the same question I asked that gentleman; whether there can be no degree of penetration without breaking the Hymen? - It is impossible he could have entered the body half an inch without breaking the Hymen, or the Carunculae Myrtiformes; the Hymen is not in all children nor in all women.

But where there is a hymen it is impossible to enter without breaking it? - Yes.

COURT. Has it never been known by surgeons, in their experience, that there has been a conception without breaking the Hymen? - It is impossible to admit that in the nature of things.

COURT. Does that membrane cover the passage completely? - In some degree; but there is a small perforation left for the passage of the menses to come from the womb, that is left open by nature.

Do you undertake to say, that there cannot be a conception without breaking it? - It is impossible without breaking through the Hymen or the membrane.

How far within the Vagina is the Hymen? - About an inch or an inch and half; the Vagina may be four or five inches, according to the different make of women.

I am not asking the whole length, but the depth to the Hymen; you say it is an inch or inch and half? - Yes.

Then the lips of the Vagina may be penetrated to the extent of an inch and half without breaking the Hymen? - Yes.

Then when you say that there can be no penetration without breaking the Hymen, you mean only that they cannot pass that membrane without breaking the Hymen? - The Hymen will appear very soon upon withdrawing the outward lips, so that it is impossible for a woman to be ravished without that is broke through, it can be only an attempt.

Where do you live? - In Ratcliff-highway: I was subpoenaed here as a witness.

Counsel for the Crown. Who by? - By Mr. Russen, to appear to his character.

PRISONER's DEFENCE.

The present charge I am innocent of; it is a real combination, as it would plainly appear, if my counsel had done me justice, and opened the case as it is; there is a leading clue throughout the whole.

COURT. Your counsel are not at liberty to state any matter of fact, they are permitted to examine your witnesses, and they are here to speak to any matters of law that may arise; but if your defence arises out of matter of fact, you must yourself state it to me and the jury, and we are ready to hear you.

PRISONER. Here is a written defence.

COURT. Is it in your own hand-writing?

PRISONER. No, it is a copy from my hand-writing.

COURT. Then you must read it yourself.

PRISONER. With regard to the first case?

COURT. I am sorry to stop you: you must say nothing with regard to the first case; I am now trying you for having deflowered one Sarah Hawkins , a child under ten years of age; it is to that charge you must apply yourself.

PRISONER. I can say no more than that I am falsely accused by Sarah Hawkins ; there never was any account of the first case known to me till last night; the account which Mary Hawkins gives this day, is as variously different to the account she gave before Justice Wilmot, as light to darkness; she there said, I never attempted any thing of this sort till on the 19th day of September last; now they have taken it back many months; I cannot tell what the bottom of this matter is for; I am really used exceeding ill; there is not one concurring circumstance to prove that ever I had to do with her either from the appearance of her linen. or any thing else; but one day there were three or four of these things done through a private pique of some of the gentlemen in the parish, and they have brought this to pass: her grandfather came to Newgate with a view to see me, I believe, but his conscience struck him, he would not see me; he called upon a Mr. Murphy in the ward where I was confined; he is an old acquaintance; he told Mr. Murphy that he was very sorry for the prosecution; he said, the prosecution which I am constrained to enter into against that man, so torments my conscience, that I cannot sleep night or day, but I must do it, or lose my bread; he brought up the same word as soon as Harris was gone, and the counsel, I believe, has the copy of what he said, or at least the attorney has; the grandfather of that child is bound over to prosecute me.

COURT. What is his name?

PRISONER. Harris; he was bound over to prosecute me.

COURT. There is no such man appearing as prosecutor.

PRISONER. But Justice Wilmot has been ingenious enough to alter the whole scheme; he was at Justice Durden's last Monday; he told him he was inclined to mercy, and would do all he could to throw out the indictment; but on hearing that my friends were determined to move the cause to the King's Bench, that he should not have his ends, he then made three capital charges more.

COURT. Have you any well-grounded reason for imputing either to Mr. Wilmot, or to any one else any ill-will towards you?

PRISONER. Yes, for above a twelvemonth past; Justice Wilmot about a twelvemonth ago summoned all the subscribers to vote me out of the school upon a private pique between him and I; it was about pedigree; one of the churchwardens had talked to me against his worship, and his worship against me; he tried to vote me out; he could not carry his point; and from that time to this he has set his face

against me. A little before this happened, I had some words with the curate of the parish, reproving him for keeping bad company; the curate told the parties that I accused them of being whores and rogues; I only observed that the man that lives next door to me lives with another man's wife; that the reverend Mr. D. had a bastard child; he went to Mr. Wilmot, and went to the Commons to get a libel against me; he said, if it was possible to have my life he would have it; they told me they would make me stand in a white sheet for calling a woman a whore; upon this Mary -, the witness to the sister I had accused with taking a pair of Dresden ruffles from me, a little girl, went to the pawnbroker's to see if she could find them; when I was brought before Justice Wilmot that evening, nothing appeared of any signification, the Justice bid me go home, if I would promise to appear again on Tuesday; the curate of St. Stephen's, Mr. D -, appeared after I was dismissed by four justices of the peace, Mr. Durden, Mr. Spiller, Mr. Bosworth, and Mr. Wilmot; I was honorably acquitted of this charge; they pursued me like blood-hounds, and went round the parish, the curate and some more of them, and got a deaf, foolish girl to come and lay such a charge, and she pretended she could say I had to do with some more besides her; I went and surrendered myself to Mr. Smith of Tothillfields Bridewell; I said there was something amiss, I should be glad if he would take me as a prisoner; Mr. Smith did; the next day I sent to Justice Durden, and desired him to write to Justice Wilmot, and inform him, that if he had any thing against me, I was in custody; he sent and brought me next day before his Bench; there appeared these girls, this silly girl and the others; after I had been in prison a week, this girl was raised up through his insinuations by her grandfather, upon Justice Wilmot threatening him that if he did not conform to his will, he would turn him out of his bread; so I have been pursued for near a twelvemonth by Justice Wilmot with all venom in the world.

COURT. You speak of there having been an examination before four justices of the peace? - There was.

COURT. Have you desired any of those justices to come here to speak for you? - No.

COURT. Were those examinations taken in writing? - I believe they were.

COURT. Are they brought here? - I believe my attorney has them; the examinations were all taken down verbatim; they were given to Mr. Naylor.

COURT. Was this girl examined there? - Not till a week after I was in prison: on the Saturday after I was confined, I with my family were turned out in the street; supposing I had been guilty, they should not have treated them in that manner; in order to prevent my getting assistance from any attorney or counsel, they stopped my money, and paid all my debts illegally, though I said I would not pay any body; I wanted the money in my present distress; I received but 6 l. 12 s. instead of 18 l. odd: Mr. Chetwood knows I sent a gentleman to retain him no longer ago than last Tuesday, because they stopped my money; they have taken every method to take away my life, and deprive me of power to help myself; I was a fortnight in Newgate before I could make any application at all; and Mr. Smith, the keeper of Tothillfields Bridewell, out of complaisance to Justice Wilmot, told him our intent, and then Mr. Wilmot, after talking of being inclined to mercy, the next day behold he found four bills against me of this sort; they were only called assaults before; they are now capital, in order to try me for my life: the reason was because on Monday he upon the bench had planned out what punishment I should have; he said he would have me stand nine times in the pillory before the school, once for every fact; no man living has been used so ill by that gentleman as I have for a whole twelvemonth.

COURT. I have listened very attentively to all that you have said; I am sorry to say that it does not seem to the point; it seems to point to nothing. What witnesses do you wish to call and examine?

PRISONER. Whether application was not made to the justices by the curate of the parish and Mr. D - of St. Stephen's Walbroke?

COURT. The Justice being here, I dare say he will have no objection to being exaamined, and answering your questions; but

it is a dangerous appeal; you suppose the justice not to be your friend? - No.

Do you desire to have such a question asked him? - Yes.

COURT. If you will give me the question I will ask it.

PRISONER. Whether the curate of the parish; and Mr. D - of St. Stephen's Walbroke, did not apply to him for an action against me?

COURT. That is foreign to this business; any thing that belongs to the subject of these accusations, I shall gladly enquire into, but as to quarrels between you and other persons coming before a justice, that has no connection at all with this subject.

PRISONER. It was proved by a surgeon that stands here, that I was the whole time in bed at the time of the first charge against me; with regard to the second, it was proved I was not out of their company at the time she charged me.

COURT. If you desire to have any question asked of Mr. Wilmot respecting this charge, I will ask it.

PRISONER. The whole parish have been incensed against me from the report given out at Justice Wilmot's office; there is no other foundation in the world for it.

COURT. If there was such a thing I should be glad to assist you in tracing it, but all that you have said upon this subject is very vague, indeed it points to nothing.

COURT to the counsel. Have you any witnesses for the prisoner.

Counsel for the Prisoner. Only to his character.

COURT. They have been examined before.

NOT GUILTY .

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

BENJAMIN RUSSEN was a third time indicted for that he in and upon Rachael Davis , spinster, did make an assault, and her the said Rachael against her will did ravish and carnally know , June 20th .

RACHAEL DAVIS sworn.

How old are you? - I shall be sixteen the 24th of next February.

Did you belong to this school of which Mr. Russen was master? - Yes.

Do you remember going any where with Mr. Russen last summer? - Yes, to the Lock Chapel.

What day was it? - On Friday.

Do you remember what month it was? - No.

How did you return from the Lock Chapel? - We went in a coach back from the Lock Chapel; he asked me in the coach whether I would let him have my maiden-head? I told him, no, I would not; when he found I would not, he entered my body; he took up my petticoats; he put his private parts into me, and when he had done he wiped me with his handkerchief.

Did you make any noise? - No, I did not.

Did you ever mention it to any body? - No, not till the Tuesday he was taken up.

How came that? - He said that if I took away his character he would punish me; he told me there was no harm in it as he was a minister.

Did he ask you at any other time to go with him any where? - He used to tell me where to meet him; to go and meet him at St. Paul's church, and from thence to the Lock.

Did he repeat this at any other time? - He did not.

Were you examined by any surgeon? - Yes, the surgeon in Whitechapel.

Did you say any thing to him when he offered you this violence in the coach? - I desired he would not do it; I tried to get away, but could not.

You said you did not cry out? - No, I tried to get away, but I could not.

COURT. Did you observe any appearance upon your linen after the first time? - No; he wiped me with his handkerchief as soon as he had done.

Where do you say it was that this fact was done? - In the coach coming along.

You never told any body till he was taken up? - No.

How long was it before he was taken up? - I believe it is about two months ago since it happened.

Whereabouts was the coach at that time? - I don't know; it was along the streets.

Don't you know in what part of the town It was? - No.

Was the coach standing still, or going along? - Going along.

Were the windows up or down? - Up.

What sort of windows were they? - Glass windows.

What time of the day? - It was in the evening.

Was it light or dark? - The lamps were lighted.

You say he took up your petticoats and entered your body, are you sure of that? - Yes.

What else did you perceive, did you feel any thing? - I felt something come from him into my body.

PRISONER. I should be glad your Lordship would ask who bid her say that, she did before the Justice declare the contrary.

COURT. Who told you to say so? - Nobody; I said it of myself; when I was before Justice Wilmot, I did not know what he meant.

Did you say before Justice Wilmot that nothing came from him? - I understand better now.

COURT. Who has explained it to you since? - Nobody.

Mr. GILSON sworn.

Did you examine this girl? - Yes, on the 2d of October.

What sort of observation did you make? - I was of opinion that force had been used, there was a laceration of the parts.

Was the Hymen entire or broke? - It was broke.

- DAVIS sworn.

I am the girl's mother.

When did she make any complaint to you of this? - Not till the defendant had been in custody, that was the first I knew of it.

Counsel. Relate the manner in which your daughter told you of it.

She came in a sad fright, and said her master was taken up; that surprized me, as I always took the gentleman to be a worthy man; she kept urging me to know what sodomy was, somebody had told her master was taken up for sodomy; I did not satisfy her: at last she said there were 6 of the boys and 6 of the girls at the office; I could not discover what that could be; to make short, she said at last, if it is for meddling with the girls, I am afraid it is true; I did not let that word drop; I insisted to know what she meant by it; then she said he had used her very ill coming from the Lock, and she confessed how he had used her the last time she was with him at the Lock; she related the matter to me much in the manner she has related now; she has never been with him since; she told me it was the last time that she went with him; she had been used to go with him often.

Counsel for the Crown. Did you, upon being told this, go to the justice? - It was a neighbour next door told the girl first of it; I ran to the office about 4 o'clock; there was no one there; I went next morning and made a complaint.

No one solicited you, you went and made the complaint upon what you had heard from the mouth of your daughter? - Yes, I did indeed; I had no thoughts of asking her such a question of Mr. Russen.

PRISONER. Whether any body told you any thing besides your daughter? - Concerning my daughter no one did, I have had it from her mouth and no one else.

Counsel for the Crown. How has your daughter behaved herself with you; she lives with you, does not she? - She always did: she has behaved like a sober, honest child; she is rather babyish of her age, and Mr. Russen must be sensible of that; she is not womanish at all of her age.

PRISONER's DEFENCE.

I can say no more of this than the rest, it is all of a piece: the examination before Justice Wilmot of this girl was different to what it is now; Justice Wilmot himself was my author, that she told him in his private room, that I asked her to let me have her maiden-head; she said, I might if I would; so, he said, here is consent; this is nothing then: after that she charged me with entering her body; she declared upon oath then, that I never did enter her body: his worship sits there and hears what I say.

COURT. Are you desirous that I should ask him that question?

PRISONER. I beg your Lordship will.

DAVID WILMOT sworn.

I remember the girl was before me.

From the Prisoner. Whether she did not tell Justice Wilmot himself, that she gave me her

free will and consent, and that I never entered her body? - No, she did not say that; she told me, she did not cry out.

Did she declare, that she gave her consent? - No, she did not say any such words; she did not then declare, that he entered her body; she said, he lay upon her; she said, that she was with him in a coach coming from the Lock, and he asked for her maiden-head; she refused, or rather did not understand what he meant by it; she did not say, that she gave her consent; but she said, she did not cry out; she said, he lay upon her; but she did not declare, that he entered her body: I told the parties, that no one need be bound over, for it did not appear capital, as she did not say her body was entered.

A WITNESS sworn.

I was present at the examination: I heard the girl, that he entered her body; she said this before the Justice.

PRISONER. This is one of the subscribers against me; he is not my friend.

NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. Justice ASHURST.

BENJAMIN RUSSEN was a first time indicted for making an assault upon Mary Hawkins the younger, spinster, and her the said Mary against her will did ravish and carnally know , March 25th .

This being a charge of ravishing Mary Hawkins , a girl, after she came to the age of ten years, no evidence was given.

NOT GUILTY .

JOHN STORER, SAMUEL BLAKE.
15th October 1777
Reference Numbert17771015-2
VerdictGuilty > theft under 1s; Not Guilty
SentenceCorporal > whipping

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616, 617. JOHN STORER and SAMUEL BLAKE were indicted for stealing two linen shirts, value 18 d. the property of William Hewson , October 15th .

MARY HEWSON sworn.

I am the wife of William Hewson : I take in linen to wash; I had nineteen shirts of a gentleman to wash; they hung on a line in the garden, opposite the house; I saw Storer run out of the garden, and throw one of the shirts down on a ba nk, inside the garden; I followed him, and cried, Stop thief; he was stopped by two labouring men

Was any thing found upon him? - No; he was not searched: they were both together; I did not see the other do any thing; I missed two of the shirts; my mother took up the shirt that Storer dropped.

[The shirt was produced in Court, and deposed to by the prosecutrix.]

STORER's DEFENCE.

I am fourteen years old.

BLAKE's DEFENCE.

I am twelve years old.

STORER GUILTY of stealing to the value of ten pence . W .

BLAKE NOT GUILTY .

Tried by the Second Middlesex Jury before Mr. RECORDER.

RICHARD SPENCER, THOMAS SMART, GEORGE CROOK.
15th October 1777
Reference Numbert17771015-3
VerdictsNot Guilty; Not Guilty

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618, 619, 620. RICHARD SPENCER , THOMAS SMART , and GEORGE CROOK were indicted for that they in the king's highway in and upon John Moss did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a watch with a metal case, value 30 s. a wedgewood seal, value 10 s. a guinea and five shillings in money, the property of the said John , Sept. 15th .

Mr. JOHN MOSS sworn.

I was robbed on the evening of the 15th of last month, between Gray's-inn-lane and the turnpike in the King's new road , about half after ten o'clock; it was moon-light; I was robbed of a metal watch, a seal of wedgewood, and about four or five shillings in silver; I cannot say exactly how much.

Can you swear to the persons of the three prisoners? - I cannot take upon me to swear to any of them; I was robbed by four men; they threatened my life, and cut the reins of my horse; I recollect one man had a livery, I think with a red collar; I had a lady with me in the carriage; she was robbed of a guinea and some silver, I believe.

WILLIAM BROWN sworn.

The three prisoners and I stopped Captain Moss in the King's new road; we took from him a metal watch and a gold seal; we had been walking about at Islington; the watch was sold to a Jew who lives somewhere in Coxe's-square; I don't know his name.

JOHN HUCKERBY sworn.

I am a constable: in consequence of an information I took Smart; the other prisoners came to see him, and I stopped one of them: I took Smart up on a warrant for leaving his wife and children; when I had taken him to the round-house, I went and acquainted Sir John Fielding that I had taken him: Spencer came backwards and forwards, that made me suspect him; Smart lodged with me; I suspected him because he lived loose; I took them the next morning in a coach to Sir John Fielding ; Crook walked there to see what would become of them, and he was stopped in the office by a pawnbroker that had taken a watch in pawn of him.

WILLIAM BARNARD sworn.

The last witness came to Sir John Fielding 's to acquaint us that he had taken Smart on a warrant against him by his wife; he came to enquire if we had any thing against him; we had charges against him for footpad robberies: I went with him and searched Smart; I found two guineas and two shillings on him; I searched him up stairs in the round-house; when I came down to search Spencer, he was let out; I desired if he came again he might be stopped; he came; they secured him; the next day the evidence and Crook were taken into custody; two or three days

after he was in custody, the evidence sent for me; I had a hand-bill in my hand of some robberies; I looked at it, and pointed out the watch Mr. Moss was robbed of, and should be glad to be taken to Sir John Fielding 's; I took him, and he made a discovery of the whole.

The prisoners were not put on their defence.

ALL THREE NOT GUILTY .

Tried by the First Middlesex Jury before Mr. Justice ASHHURST.

THOMAS SMART and GEORGE CROOK were a second time indicted for that they in the king's highway in and upon Paul Parker did make an assault, putting him in corporal fear and danger of his life, and stealing from his person a silver watch, value 40 s. a silk handkerchief value 6 d a piece of false money of no value, a guinea and two half guineas, the property of the said Paul , September 17th .

PAUL PARKER sworn.

I was stopped near the fourth watch-box in Tottenham Court Road at about a quarter after ten at night of the 17th of September, coming from Kentish Town on horseback; I rode through a fog; when I was near the watch-box, I was riding pretty smart, having been informed that some gentlemen had been robbed; I pulled my horse in upon seeing them both in the road, in order to turn back and escape them; they came back, one on each side of me, and said, Your money; I gave one of them a guinea and two half guineas; the man on the other side took my silver watch out of my pocket, and a bad shilling; he then asked for my pocket-book; I told him I had no notes, nor any thing of value about me; then he felt in my pocket, and took out a memorandum-book and a silk handkerchief; he looked at the book, and put it in my pocket again. My lord, I omitted one observation; when they came up, they said, Your money, and put your hat before your eyes. When they had robbed me, they said, I might go on: I cannot swear to either of the prisoners; I think one of the men was like Smart.

JOHN NEWMAN sworn.

I am an apprentice to Mr. Bither, a pawnbroker in Long-acre: I took the watch in pawn the next morning after Mr. Parker had been robbed; Crook pawned it in the name of Smith; I asked him where he lived; he said, at Lord Clermont's, in Berkeley-square; I went afterwards to enquire about him, and was told he did not live there, and they knew nothing of him.

HENRY SMALLWOOD sworn.

I am a constable: when Smart was in custody I searched him, and found this handkerchief (producing it).

Mr. PARKER. I believe this handkerchief is mine, I have the fellow to it in my pocket; I have no doubt of its being mine, I had the whole piece: here is the fringe on this.

[The watch was produced in Court, and deposed to by the prosecutor.]

MATTHEW SWIFT sworn.

I searched about and found this shilling (producing it).

Mr. PARKER. I believe this is my shilling, there was such a mark of a tooth upon the shilling that I lost.

SMART's DEFENCE.

I am innocent of it; the handkerchief was given me by a man that came up into my room, and an acquaintance of the man that gave the handkerchief, sent Crook with the watch to pawn it.

CROOK's DEFENCE.

The acquaintance of the man that gave Smart the handkerchief, gave me the watch to pawn.

Mr. PARKER. If I was obliged to swear that they were or were not the men, I should rather swear they were not, for they were so andacious at the justice's office, that I could not think if they had been the same men, they could have behaved so civil as they did to me.

JURY. If you think they are not the men, why did you prosecute them? - To get my property again.

BOTH NOT GUILTY .

Tried by the First Middlesex Jury before Mr. RECORDER.

JOHN KITSON.
15th October 1777
Reference Numbert17771015-4
VerdictGuilty > theft under 1s
SentenceCorporal > whipping

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621. JOHN KITSON was indicted for stealing a piece of Brewick timber, containing eleven feet in length, value 2 s. the property of Richard Martyr and James Swinton , Oct. 4th .

RICHARD MARTYR sworn.

I am in partnership with James Swinton , we are carpenter s; I live at Greenwich : my man sent me word that some timber had been stolen, and that they had got the thief.

THOMAS HOWCROFT sworn.

I am servant to Mess. Martyr and Swinton: I was informed that the timber was taken away, and was carried to Justice Gretton's; I went there and saw a piece which I believe belonged to my master; the whole piece was fifty feet long; this piece was cut off from it, this piece (producing it) had been cut off it; I carried it to the justice's, and it matched exactly: the piece was found, as I was told, in Mitchell's shed in Portman-street.

JOHN ELLISON sworn.

I know the prisoner by sight; I have frequently seen him bring timber to Mitchell's, who is a coal-dealer; I live opposite to Mitchell; I have seen him bring enough there since the first of June to build a house; my wife told me he frequently brought timber there, and she thought he stole it: on Saturday se'ennight, when I came from work at about six o'clock, I saw him bring a piece of timber and throw it into Mitchell's coal-shed; he went down Portland-street into Portland-place and leaned against a post; I went on the opposite side of the way and watched him, and saw him take up this piece of timber, and pitched it against Portland Chapel; I called another man, whose name was Mitchel, to watch with me where he took it to; I desired that Mitchel to run to Mitchell's coal-shed; we had been watching the prisoner before; we both got there before he threw it down the cellar; I saw Mitchell have hold of it while he was throwing it down; I asked him how long he meant to go on stealing peoples' timber, and bringing it there; he said, he did not steal it, a man gave it to him; he said he would go with us to the man's house; he went with us as far as Portland Chapel, and then he said the man was not at home, he would go with us to him on Monday; I went and called my masters I work for, who had lost a great quantity of timber, and desired me to look out and take the thief: we took the prisoner to the justice's; there he said Mitchell sent him to different places for it, and paid him only porterage for bringing it: when Mitchell found we were gone to the justice's, and that he was like to be apprehended for receiving it, he threw out four long pieces into the street, one of those pieces belonged to the prosecutor. Mitchell is out upon bail.

JONATHAN MITCHEL sworn.

I was present with the last witness: I have seen him bring twenty pieces to Mitchell's at different times.

PRISONER's DEFENCE.

Mitchell, who kept the coal-shed, told me he had bought this timber; he sent me to bring it to his house; he only paid me porterage; I never brought any by night.

GUILTY of stealing to the value of ten-pence . W .

Tried by the First Middlesex Jury before Mr. Justice ASHHURST.

ELIZABETH STONE.
15th October 1777
Reference Numbert17771015-5
VerdictGuilty > lesser offence
SentenceNo Punishment > sentence respited

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622. ELIZABETH STONE , widow , was indicted for burglariously breaking and entering the dwelling-house of William Robinson on the 3d of July, about the hour of one in the night, and stealing 140 pair of silk stockings, value 60 l. 32 pair of worsted stockings, value 4 l. three pair of silk and worsted stockings, value 12 s. six worsted breeches pieces, value 30 s. and two pair of mens' leather shoes, value 4 s. the property of the said William, in his dwelling-house .

WILLIAM ROBINSON sworn.

I am a stocking-trimmer : my house was broke open on the 3d of July in the night; my wife was the last up over night; we went to bed at eleven o'clock; she saw that every thing was fast; when my men came to work in the morning, they found the wash-house door open; they had taken a lattice down which was over the door, and got in that way; I lost goods to the value of 70 or 80 l. out of my shop where my men work; there is a way out of the wash-house into the work-shop; I lost the things mentioned in the indictment (repeating them) I have found

none of them but five pair of stockings, which are in the hands of the constable.

ROBERT HEELAS sworn.

On the 4th of July, as I was as the officer of the ward, coming from duty at about a quarter before five o'clock, I saw the prisoner with some things in her lap; I asked her what she had there; she said, some things of her own; I took her to the watch-house, and found they were shoes and stockings.

[The witness produced five pair of worsted stockings, and two pair of shoes, which were deposed to by the prosecutor.]

BENJAMIN READ sworn.

I was going off duty ten minutes before five, my partner, who is gone on board a man of war, called me to examine this woman, she being in a deplorable condition; I examined her, and found five pair of stockings, and two pair of shoes in her apron.

PRISONER's DEFENCE.

One George Taylor gave me the things at a public house; he was taken into custody, and they discharged him.

NOT GUILTY of the burglary, but GUILTY of stealing the goods .

Tried by the London Jury before Mr. RECORDER.

HANNAH BEACH.
15th October 1777
Reference Numbert17771015-6
VerdictsNot Guilty; Guilty
SentencesMiscellaneous > branding; Imprisonment

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623. HANNAH BEACH was indicted for stealing two muslin aprons, value 30 s. the property of Richard Baldwin , privily and secretly, in the shop of the said Richard , Sept. 19th .

EDWARD HUSBAND sworn.

I am a servant to Mr. Richard Baldwin , who is a linen-draper : on Friday, Sept. 19th, about 12 o'clock, the prisoner came into our shop, and asked to see some muslin aprons; I shewed her some; she said they were not fine enough: I brought some others to her, and laid them on the counter; she said they would not do, not being fine enough. She went out of the shop, and they were found upon her at another house below ours.

RICHARD POTTER sworn.

I am a shopman to Abel Peyton : I was informed that this woman had secreted an apron of ours; I went to search her, and she let the apron fall; I took her into the warehouse to search her, and she dropp'd a handkerchief and apron; she said, on my interrogating her very sharply, that she had taken them out of a shop; but did not say where: I left her in custody with a gentleman, and went for a constable; when I came back he said he had found another apron.

[They were produced in Court, and Edward Husband deposed that they were the property of the prosecutor.]

Cross Examination of Husband.

What do you know it by? - A mark in the corner with a pencil.

That is the only reason of your knowing it? - Yes.

Did you put that mark yourself? - No.

COURT. When did you miss them? - Not till the man came to enquire if we had lost any.

Did you look over the aprons and miss them then? - No; we don't know how many handkerchiefs we have.

PRISONER.

I leave my defence to my Counsel.

FOR THE PRISONER.

- MUFFET sworn.

I have known the prisoner almost two years; I never heard any thing amiss of her before.

DANIEL FOSTER sworn.

I am a publican; I have known the prisoner three quarters of a year: I never heard any thing amiss of her: I would trust her as much as any one of my own family.

ELIZABETH RICHARDSON sworn.

I have known the prisoner three quarters of a year; I never heard any thing amiss of her.

HANNAH MOSS sworn.

I have known her 14 years; I never knew any thing amiss of her.

THOMAS