The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1869-02-20 00:00:00

TliE LATE
,CHAROE OF' ATTEMPTET)

RUE AGAINST THOMAS JOHNSON, OF
DUHLET.

~ list the Petty fleailons; ett itedneadey hist, before. P.
D. L. Solith and r. w. tr. Barre, Esgra., 'roomed 0 ohn•
son (on bail) surrendered to a charge preferred against
him by Robert Moore, on belia:l of his daughter Mary
Moore, for that he did unlawfully, carnally, and know.
ingly abode the said Mary Moore, on the lot iustant, she
being above the age of ten years, and under the age of
twelve, to wit—ten years and four months, contrary to
the statote.

The Court was crowded daring the whole hearing, and
no one was allowed to go out of Court during the time.
Mr. Shakespeare, of Oldbury, appeared to prosecute ;
and Mr Motteram, of the Oxford Circuit (thntrueled by
Mr. Stokes, of Dudley), defended.
. . . . .

On the case being cnlLel on Mr. Oldershaw, the deputy
clerk, repeated all respectable females to leave the
Court, but two women remained.

Mr. Shakespeare then opened the case for the prosecu-
tion, and gave in detail the facto, which will be found
below. The charge, he said, was a serious one. and he
had a painful duty to perform ; but, however painful that
was, he should do it, and no one would be iuoro pleased
than him-elf for the defendant to leave the Court with-
out a stain upon his character, if the case was not
proved.
Mr. Motteram here put in a plan, and said he should
be able to prove most distinctly the route the prisoner
took that day, and be able to trace him every quarter of
an hour during the whole of that day—a thing probably
unequalled in the annuls of justice.

Dfr. Shakespeare said he iihould accept tha plan as cor-
rect, for Mr. Johnson, the father of the prisoner, WAd
highly respectable man.
Mr. Motteram said it was from the ordnance plan.

Mary Moore, deposed: I am ten years sod four or five
months old, sul reside with my father and mother at
White Heath Gate, in a Ii 'use formerly occupied by Mr.
Richards. Have lived in that house three weeks. On
Monday fortnight last, the Ist Ft:bra:try, the prisoner
came to' our house about one o'clock. Never sow the
prisoner before that Jay, but .11 swear it is the prisoner.
lie asked if 13eirjuswili Richards was in. I told him,
No." They left here last Wednesday, and hal gone up
by the colliery. Prisoner said to me, '' I will give you a
penny if you will show me where they live." I went
with him. Prisoner gave me a two-shilling piece, and
then took it off rue, and s.jid, "Come on up to ,iIeSC
houses, and we will enange it. We had to pass Griffin's
house. There is a wall round the house. The prisoner
placed me lig iiii-t the wall, and put his hand up my
clothes twice, and put my baud down his trousers' leg
Prisoner caught hold of my hand, and took me two or
three yards up the Inns. When up the lane he said,
'• You cotne along these fields, and I will show you some
pretty things." I went up two bells into the third field
with him. We crossed two stile. There is a hedge in
the third field, lii the third prisoner threw me down.
[Witness here described the nature of the ott',,ece, which
is unfit for publication.] He after caught me by the
hand, and helped me over the stile, and gave me six.
penco. I then went down the field, and prisoner walked
a little behind me. I met Little in the second field.
We both passed Little, and then met Mrs. Jewkes and
Little's wife. Prisoner turned back when he saw the two
women. 1 after had some conversation with Mrs.
Jewkes. I threw down the sixpence he gave we in the
bell, and Mrs. Jewkes picked it up. Mrs. Jcwkes then
took we to my mother's, and I was examined.
Cross.extinined My father is a sinker, and does but
little work. He likes beer better than work.

Mr. Slialtecpeare here übj,cted to the way in which
Mr. Motterain put the words jut, the girl's mouth, and
contended that it was uot fail to a little girl.
Mr. Motteram said he had a right to say what he liked
in croiwexaminotion.

:A little scene here took place between Mr. Olderahaw,
the deputy clerk, Mr. Wright, the acting clerk, and Mr.
Slotterann ; Mr. Oldershaw objecting to take it d .wn in
the way the learned counsel asked him. Mr. Wright
said they would not be dictated to as to the wity in which
they should put down the evidence. If Mr. Mutterani
did not like it Inc bad his reanenly. After, little cross.
tiring, the answer of the girl was put down in reply to
the Bench.]
Cross.examination of Mary Moore continued : Priso-
ner did not change the two-shilling piece. He did not
go into either of the houses, but took the two-shilliug
piece off me juit by the carpenter's slenp. It was near
the road and by some houses, where the prisoner put his
hands up my clothes. I did not cry out I was fright-
ened. Prisoner kept telling me to come on. Prisoner
had me down on the floor, with his hand on my throat.
No surgeon examined rue ; only ray mother. Prisoner
had OA u blue pilot coat, and a billycoek hut. His cost
was b. Im his knees. A 111:111 named Pslmer pointed anal
tine prisoner to me last Wednescay, but I told Palmer
first. I knew him by his features.
Emma Jewkes, wife of Absolorn Jewkes, of White-
heath, lived near the house where the little girl resided.
On the Ist iust, shortly after one o'clock, witness now
the complainant and A man in a field. Could not aware
to men or recognise him. Saw the man indecently
assault the girl and then go away 'with her. Witness
then went to her sister's, near to Crrittiths'a, and passed
upstairs, ins order to see what the pair were &dug. She
was not, however, able to see what was going on. Wit-
ness obtained the assistance of Mr. Little, and Inc fol-
lowed the was Alia the girl. Witness, accompanied by
Mrs. Little, then proceeded up the fields. The witness
then detailed evidence whneli has been given.—Cross-ex-
stained : Witness said sine could tot tell the colour of
the ntan's coat. It reached no about his knees. When
she saw the little girl, after the offence, tine latter did not
complain until she was asked. The sixpence was spent
in brandy-and-a ater and beer, by witness and Airs. Lit-
tle. (Laughter). Lid not think to Shout out when she
saw the man assault the girl.
_ _

Theophilus Little said he resided in Portway Lane.
In consequence of what was said to him by Mrs. Jewkes,
he went into the fields and saw a man and a girl getting
over a stile into the field. The pair passed him. He
MIS able to swe ir to the man. It Villa the defendant.
lli. passed witness twhir, and the second time he (the
defendant) spoke to him. When the defendant hail gore
some little distance, witness called after him. Tile de.
fendant commenced to run, and outstripped him. On
the Friday following, witness saw the defendant in a
public-house at Dudley. There were four others pre-
sent. The soinpauy began talking about candles; and
Mr. Moore (tile father of the complainant) said if Mr.
Johnson WOUI4I call at his house he would give him an
order. Mr. Johnson said he:had called. Mr. Moore
fold, "Yes, and you gave a girl a penny to show you
somewhere else," and the defendant said "Yea. I did."
Mr. Moore then said, " ‘Vere you ever • pedestrain ?"
Anil afterwards, "It was my little girl you were with on
Monthly, and this is the loan that run you," pointing at
the same tinie to witness. Other conversation followed,
but witness took no notiee of it. Witness said he could
not tell how he was dressed. his attention being directed
to the features of the defendant.
Crosmexamined : Had never seen the defendant before
the Ist February. Could not tell a single article he had
on except a billy-cock hat. Could not tell the colour of
his clothes although he ran him. Went to Dudley with
the girl's father, Ilnijsmin Richards, and Henry Palmer.
Richards went into Mr. Johnson's house at the Trinelle,
and witness and the others remained outside until they
came out. Whilst Richards was in the house with the
defendant witness was waiting by the window et time
room in which both men were talkiug. Mr. Johnson
. and Richards then proceeded up the town, and called at
• public-hoese, and those watching outside followed him
I up- _ _

Henry Palmer, carpenter, stated that he lived at
Whiteheath. Os the lot Februsry he saw the defend-
ant and the complainant on the road together. Knew
the man but not his name.
Cross-examined: He was one of the men who waited
outside Mr. Johnson's house. His purpose there was to
see whether he could identify him again. On the pre-
vious Wednesday witness did not point out to the girl
where Mr. Johnson was sitting in court. Knew where
he was sitting. Richards said, when they went to John-
son's, that Johnson was to be brought out, they were all
to see him, and then there would be no difficulty in
swearing to the identity. Did not hear Moore say it was
a job that ought to be settled.
The Bench here intimated, through their Clerk,
that they had not for four hours, and were anxious to
know how much longer the case would last. Mr. Mot-
teram trusted they would finish the case; he had more
than twenty witnesses to examine, their evidence would
be abort, and it would take about six hours. Mr. Smith
said lie must leave Court at half-past four, as he had an
apoointment at Kidderminster, and it was finally agreed
that the Court should rise at that hour.]
Re-examined There was no arrangement made as to
going to Johnson', before they started; but there was
on the road to Dudley.
Robert Moore, the father of the girl, stated that he
went to Dudley with the people previously mentioned.
Alter Richards had found Johnson, he came up to me,
cod said, " HAIM, Bob, what brings you here Witness
asked JuLtieun whether he Will in the oil and candle
trade. Upon his replying that be was, witness said it
be would mill at his house he would give hint an order,
adding, 'You were at my house on Monday." Johnson
said he was at the witness's house on the Monday. He
also said, in answer to what was said by witness, that he
gave the little girl a penny to show him the way to a
'house. Prisoner said he was not a pedestrian, and wit.
131.9 S said if he was not he managed to get from Little on
the previous Monday. He had never offered to settle the
' matter. Mr. Johnson said he would make him (witneas)
' smoke for the statement. (Latteliter).
Cross•exammed : Prisoner desicd the stidement about
the girl when I told him. He did not Gall me a liar, bat
he said he'd make me smoke. I did not go to Dudley