The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1868-08-11 00:00:00

-MAUL

Burge Bull, Co bail, • blind man of about 30 years
a sr, was indicted for • criminal assault upon Fanny
Forwerd. at Westoe,super•Mam, on the let of Jane.
—Mr. Bailey prosecuted ; prisoner was defended by Mr.
*Alin.-- Mr. Bailey. in atating the case to the jury. said
that the prousutrix was a young girl between 17 and
IS years of age, residing at Weston-super• Mare, and the
prisoner, who was blind, kept • tobacconist's shop in
that town, but resided at No. 5, Meadow-villas. He
was • married man, but lived uncomfortably with Ma
wife, and occupied • sepamte bedroom. The proseentrix
went into the service of the prisoner in May last as an
tesviatant in his shop, and resided with him at his house
to Meadow-villaa. On the afternoon of Whit-Monday
the prosecutrix left the shop end went to the
residence, nocompanied by the prieonoe, his wife
being detained at the chop to mind the bu.inem during
the prounitrix's absence. The prisoner sod the girl
bad tea together, sod afterwsrds Bull said to her,
'before you gi back to the shop won't you go upstairs
and change your dross, and put your hair to r ghts ?"
She said she would, sod went upstairs for that purpose,
going into her millrace's bedroom. In • few minutes
este heard Nome one upon the landing, and turning round
saw the prisoner there with hie shoes off. He came into
the room, and she immediately went to the door, which
she found was looked. The learned counsel then
detailed the manner in which the °Renee was perpe-
trated, and it was apparent, if her statement was corset,
that it had been effected with considerable violence.
The proseutrix fainted from exhaustion, and on
recovering abe saw the prisoner standing by the bedside
holiing a glass of water to her, and he said that he
had been numbing for a scent bottle, but could not And
one. The girl afterwards went down stairs, whither
the prisoner followed her, expressing a hope that she
would not tell his wife, and offering her balf4-erown
to say nothing about it. She said she would certainly
tell his wife, whereupon he offered her a sovereign,
which she also declined, observing that nothing should
prevent her telling his wife of it. The mune night the
girl celled her mistress int, her bedroom and told her
what had taken place. The wife called the prisoner
and charged him with it, and be then said, "If Fanny
say' I did it I did." The following afternoon the girl
told her mother, and ahe spoke to the prisoner about
it who said, " I must confess I did it, and I must bear
the brunt of it." The mother leaked if her daughter
had level) him any encoung ment, and be said,
• No, I did it by fore*, and I must stand
the uneequenees." The father of the girl, •
respectable painter of the town, was not told of the
affair Immediately, both the mother soil daughter
dreading to oommunieate the act to him. He was,how-
ever. told of it on the Sunday following, and on
Moeda, be went to the prisoner and threatened to take
out • warrant, whereupon the prisoner made off from
Westonmuper-Mare, and wee sometime dig, wards
apprehended!n BristoL—Fanny Forward was called and
examieed by Mr. Bailey, sad she deposed to the filets as
Is. had stated them.—ln cross-examination she mid that
the prisoner was related to her parent& —Mr. Edlin
Did Mrs. Bull tell you that unless you came forward
and mid her husband committed this offence she could
not get • divorce? Witees• I Yes. The witness
further stated that that WOO about a week or ten days
alter the affair. She went to work the next morning
and served in the ehop. She did not complain, but
could hardly remain there. She vu in the shop on
Wonder evening (the day following) with the prieoner,
but noihing pas.ed between them OA to what had
occurred. She could not say that the key was taken
out of the door by the prisoner. She pulled his hair,
but did not say so before the jostles'. H. never
attempted anything of the kind before, nor even kissed
her. She remained in the service of Mr. sad Mrs.
Bull for See weeks after the offence. Never sat on
the prisoner'• knee since the occurrence. The
I
father and !mother, Mr. Wood, surgeon, Pit
lisrdwiek, and other witnesses, were manned in cor-
roboration, sod tfr, Bailey summed up the evidence
which he had called in support of the promeution.—Mr.
Bdlin then addressed the jury on behalf of the prisoner,
compinining of the exaggerated account given by the
learned counsel for the protestation in his opening
statement. Hs believed that that auntie first instance
I. the annals of that arena in which a blind mau had
been indicted for • criminal assault upon an able-bodied
roue; woman. He asked the jury to look at the pro-
babilities of the story given by the girl, which, be said,
Gould not be denied by the prisoner, for his mouth was
closed. The learned counsel pointed how entirely
were at the merely of women in cues of that kind, and
having reviewed the evidence, he appealed with eon.
Adana, to the jury to acquit the pnsoner.- Witnesses
were nailed, who gave the prisoner • good character for
morality and steadiness—The learned Jed& summed
up the ease at considerable length, pointing out that the
question which the jary had to consider was whether
the girl hail from beginning to end told the truth, the
whole truth and nothing but the troth, and did
honestly resist the assault alleged to have bees coot.
milted upon ber. As the learned manna' for the defence
had pointed out, the prisoner's mouth was clued, and
therefore whllst mall charges were easily made, they
were d Moult to refute. Ths y must remember, however,
that whilst they were entrusted with the interests; of
the prisoner they should be 'gully interested in pro-
tecting the public justice of the truantry, and it VOA Of
iil4l utmost importune that young women who honestly
made charge. of gross and grievous assault upon their
chastity should be protectet —The jury having delibe-
rated for abut ten minutes, the fasenuto announeed
that all but one agreed to • verdict, but he held out.—
His lordship said they had better retire and consider
their verdict, They were looked up from four
o'clock in the afternoon until half-pest nine on
Wednesday, baring previously been the whole day,
with the exception of • short interval for refiesbment,
In the jury box. At the latter hour the clerk of &seise
came to the court mid gave dine:Riau that the jury and
Abe primmer were to be tikes under mood to the

tldres. loolginp. Mr. Baron Chan en 11, who tried the case,
had retired to rest, and they were consequently taken
before Mr. Justice Mellor. The Jury baying answered
to their names, hie lordship said : I understand that
von have not agreed upon your verdict, gentlemen 1- A
'Juryman : Eleven of no have agreed.-His Lord.hip:
But you are not all agreed!- The Foreman : No, sir.-
His Loulship : And there is little hope of you agree-
ing 1-The Foreman : I think not, sir.-His Lordship :
As you hive been so long engaged in endeavouring to
arrive at a verdict, and as you cannot agree I must dis.
charge you. The prisoner will be remands I to prison
so.o,ght and my brother Chacnell will consider in the
meantime what be will do. On Mr. Baron Channell
taking hisseat in the morning, the prisoner Geor4e 801 l
was placed in the dock, sod addressing him his lord.
ship said :-"The jury who had you in ch•rge having
been locked up for some time, and having been unable
to come to a verdict, it was thought right by my brother
Mellor, and I entirely etre* with him, after the time
the jury had been locked up without food, to discharge
them. Yoa are liable to be trieJ again upon this
Indictment-no new bill will be required to be found
by the grand jury, but upon the bill alreadT found you
are liable to be prosecuted at the next maize. Under
the circumstanced, and from what I can learn of the
cast after having bestowed a great deal of anxious
attention to it, I think I shall be ju.tilled in taking
your own »cognisance in the sum of £lOO- I won't as
for any sureties-to appear and take your trial at the
next assize if you should reeeiva notice, and having done
that you may be discharged." We ut derstand that
eleven jurymen were in favour of a verlict of guilty,
but they failed to convert the twelfth juror to their
way of thinking, he resolutely standing out for an
acquittaL
011,066 00T1•011 UPON •
Samuel Webber, 36, pensioner, was indicted for •
criminal ansault upon his own niece, Elizabeth Webber,
aged nine years, on the 18th of June, at Thorne Falcon.
-Mr. Edlin prosecuted, pri•oner was undefended.-The
jury found him rtilty, and he was sentenoed to fire
years' penal servitude.