The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1870-10-22 00:00:00

4E4t f,-.-torrbribPs Obserber.

4ATUIDAY, OCTOBER 22, 1870.

THE SER TOILS CIIARGE AGAINST A
STOURBRIDGE GENTLEMAN.

It will be seen in 'loather contain that a seri-
ous charge has, during the week, been preferred
egainst Ntlward Alexander Baxter, of this town,
and which was tried at a Special Session held at
Camp.len, Gloucestershire. The charge watt a
serious one, and of a revolting character—that
of a rape upon a little girl named Emma Davis,
seven years old. There cannot be a doubt front
the evi care given that the horrible offence had
been committed by some one, and we say it is
unfortunate for the ends of justice that the real
culprit has not been brought to justice to be
dealt with according to law, for offences of this
kind are on the increase ; but what is the evi-
dence against Mr. Baxter. The complainant
herself states that she went to gather acorns oa
the 15th inst. and as she was gathering them a
man dressed in black came down the hill. He
had a red coat on. He carried her across the
road, and committed the offence complained of.
On looking round the room, complainant said
she could not see the man. On being told to
look round the room several times she still failed
to recognise the man; but said that it was a tall
man, with whiskers. The other witness was
George Clark, who said he saw the prisoner, who
passed him M Aston Hill, and went on to the
turn, which was two or three hundred yards
higher up than where he was, and that after some
time he saw her come down part of the hill, the
prisoner walking before. and the latter passed
hint at a fair pace, and that he had a cape round
his shoulders, hued with red.

This was the evidence for the pteseention,
and the result was that Mr. Baxter was dis-
charged, the worthy Magistrate rem arkin g thete
could not be a doubt that a very s-rioas outrage
had been committed on the child, but he did not
think there was sufficient evidence to send the
prisoner for trial ; hut at the same time he could
not help saying it was one of grave suspicion.
Mr. Perry, who appeared to defend, said it was
a very painful thing for the prisoner that there
should be any suspicion of his guilt, anti that if
the case had proceeded he should have proved
an alibi ; and compleined that the prisoner had
been illegally apprehended. There cannot be a
doubt that the apprehension was illegal; but
what did Mr. Baxter do? Why, on being in-
formed that inquiries were made for him he at
once went to the Police Station, gave up the rug
he had been wearing, and gave the officer every
facility to obtain what information he could get.
This was not the conduct of a guilty person.
Again, Mr. Baxter is short in stature. So that
so far as the evidence of the complainant goes
it fails, and the only one of suspicion was that
he was seen about three hundred yards from the
complainant, and notwithstanding the very slight
suspicion he is told by the worthy Magistrate
that it was one of grace suspicion. We cannot
help but think that this remark made by the
Bench was not justifiable from the evidence
given, and by making such a remark it tends to
throw such a doubt upon his charaster, thatmay
seriously affect him in his after life,

We sey this ought not to be. The case was
dismissed from the want of evidence, on its
merit, and the prisoner might have been dis-
charged without adding the bitter remark, " one
of grave suspicion.- The 3legistrates' Clerk
also remarked that he thought the prisoner had
nothing to complain of. It certainly does ap-
pear to us that he has a great deal to complain
of. Had the worthy Magistrate remarked that
he left the Court without a stain upon his char.
acter, then the sting would have been somewhat
less, and he might have got off with the annoy-
ance and the costs he lied been put to; but from
the evidence adduced we caknot see that the
strong remark was called for, as the case might
have been dismissed without it.

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