The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1869-02-27 00:00:00

THE LATE CHARGE OF RAPE AGAINST
THOMAS JOIINSUN, OF DUDLEY.

At the Petty Sessions held at Glil Hill. on Monday last,
this case came on again tar hearing. before F. D. L.
Smith sae F. W. 0. Beer., Eefere. The Court, as before,
Was CrOadOd by a number of respectable persons, many
of them being friends of the prisoner.
Mr. Suekespeare again prosecuted ; and Mr.Motteram
(iailrueted by Mr. Stokes) defended.
It will he remembered by our readers that while Ben-
jouiu Well:Mid Was under eross•examivation the case
terminated eornewhat abi uptly, in consequence of Mr.
Bern, being usable to nit longer.
Crois•examinatiou of Benjamin Richards continued :
I was at Proctor's, and spoke to Mrs. Proctor. Don't
know what I said to her; not a single word. Can't nay
where I spoke to her; nor if any one was by; nor where
ins.. D.d not ask elm Proctor if prisoner had slung
tail colt on. Can't say I called Mrs. Proctor out, and
spoke to her. It Wan insi,le the house I spike to her.
Coal aty which room. Mrs. Pfoctor came into the com-
pany, and asked what sort of dress prisoner had on. It
was in the bar. Moore did say it would come out on the
day of the trial. ?dewier had not been described to me ;
neither had his clothes. He was well known at the Ram-
rod Colliery. Prisoner came to see me OD the Tuesday
morning, and ha was then recognised. I believe Moore
came to moon the Wednesday. Can't swear po 'ely,
as he came several times. Prisoner did speak ti me on
the Tuesday, which was about half-past ten. We were
011 IDO railway tram.read, by the Isle. 1 Colliery.
S ursh Moore deposed: I ant mother of the little girl,
who ie p.osecutrix. I remember the girl being brought
to me by Mrs. Little awl Mrs. deeding. It was beteeen
sine and two o'clock. They said something to use about
my little girl, and left. I then examined the gill. [The
warless here described the isjuruoa received:, Mrs.
Jewkes after offered me sixpence she took el i ttie little
gitl, but I did lint receive it.
Cressiexamined ; I rentember two gentlemen coming
to exantiue my girl. Tney said they were surgeons.
Can't say the day they came. They did not examine the
child. My maeter said they were not allowed, as lie had
put the erne into Mr. Shskespeure's hands. Did out
hear ell that was said. My husband told we to go out,
and nay nettling I went out. I did not say there was
a braise on hi-r thigh. I said there was a email scratch
on her arm, and a bruise on her elbow. My maetur said
to me, 'Shot your mouth, and mind your own bueinese;"
and shut the door behind me. I told my husband about
it the name night, an soou as he came into the house.
My husband Caine home from work at Seen Lane.
James Tay hie deposed : I son a Peliee-constable, and
had charge of the warrant to apprehend the prisoner. I
SAW the prisoner on the 11th iustiat, and read the war-
rant over to him. Prisoner sold "is that for me ?" I
said " No, it is for your apprehension." He suet, "I
thought I should haVO had it before; I have been about
enough."
Cross-examined : I was not told not to execute the
werrant. I had it in my possession on February eth. I
did not apprehend the wrong mail. I put my hand upon
a man's shoulder, and asked if he was Thomas Johnson.
The mile said, " No ; I let him go."
This being the evidence for the prosecution, the Clerk
her etated that the prisoner would be charged for at-
tempting to commit a rape, under the 52nd sec.
The Bench did not think there was sufficient evidence
ti support the graver charge, and that Ur. Motteratn could
address himself under that seetion.
Major Smith then read the charge, and asked the pri-
soner if he had anything to say.
Prisoner, addressing the Bench, said: Gentlemen, I
solemnly declare I know nothing of this charge, no more
Iliac you gentlemen on the Bench; that I also hope that
the reporters here to-day will take down every word lain
about to utter. I swear to my God I was not in that
dietriet that day. I never saw her that day; nor in my
life ; nor touch her in my life. I never saw tar man,
Moore, in my life before I met him at Proctor's. I never
saw the man, Little, in my life, and lie never ran me,
gentlemen. I never saw the woman, Jewkes, nor Mrs.
Moore in my life. What the man Palmer has geed, gen•
tlemen. is • tissue of falsehoods from beginning to end;
and I shall trust to the sacredness of truth to drag me
through this vile conspiracy.
Mary Moore re-called, said: I Was in the room down-
stairs before I was examined, with Mrs. Jewkes. I saw
the prisoner and another man walk across the yard, while
I was looking out of the window. The gentleman with
Mr. Johnson came into a room in the house, but not the
one where I was. Mrs. Jewkes did not then speak to me
stall about Johnson. She did not say to me, " That.
Johnson." She did not tell me to swear to him, and
dick to him. I will swear it.
Mr. Motteram then rose to address the Bench for the
defence. It had been his lot to be in a good many aasee,
and his experience Was Dot a very limited one, but in the
whole career of his life this was one of the mut extra-
ordinary ones it had been his lot to be engaged in ; and
divided itself into two points. Although Mr. Johnson's
defence Wan complete, lie could not help referring to the
bearings of the ease from two points of view. The
Bench had beard the emphatic denial of young John-
son, and he (the learned counsel) was of the same opin-
ion—that it was a vile conspiracy to injure his character,
and that there was not one word of truth in it. Ile would
ask the Bench to read the whole of the evidence, to sift
it oat, and weigh it impartially ; and he was quite sure
they could not come to any other conclusion than there
Wae consent on the part of the girl in whatsoever was
done, sod by whomsoever it was dune. Tim learned
counsel then reviewed the whole of the evidence given
for the prosecution, and pointed out unity discrepancies;
bathe should not rest his ease on that for the defence,
hat should gives couiplete and emphatic denial to the
charge so far as Johnson was concerned. He should be
*lda to prove by w.tuessese. and trace him on his journey
daring the whole of that day, from the time he started
at half.paet ten, until he returned home; and that Jehn•
eon was three miles away at the time the offence is al-
leged to have taken place. There could be no doubt as
to the day it took place, all the witnesses agreeing that
it was Mouiley, the Ist of February. The learned coun•
condemael in strong terms the conduct of the wo-
man Little, who saw a young man taking liberties with a
and instead of going out to him and telling him of
his cox:duet, she quietly walked upstairs to see what Wan
going on, slid then gave information to some one else.
If she laid done her duty as a another the offence would
never have taken pla .e. I; it he lei I lire, or four wit-
nesses to prove that du:team/ was Iti noose at the time