The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1875-08-07 00:00:00

THE TRIAL OF COLONEL BAKER.

On Monday morning the streets adjoining the Town
Hall at Croydon were studded with people from an
early hour, and 33 the time of trial drew near (half-
past ten o'clock) locomotion was extremely difficult.
Both entrances to the hall were besieged, and it was
only after severe crushing and fighting that access
became at all possible. The police arrangements were
insufficient to meet the unexpected emergency, and
Captain Bayne, superintendent, found it necessary to
call in the services of fifty extra polinemen. Shortly
after nine o'clock persons who had been fortunate
enough to obtain tickets were admitted, and the hall,
which is small and inconvenient, was soon filled, a
large number of ladies being present. Some amuse-
ment was afforded to the crowd outside by a woman
and some men being helped through the window, but
they were speedily ejected.
So dense was the crowd within the hall that the bar-
risters engaged in the case were compelled to enter by
the prisoners' door, and so through the dock into the
court. There was a very large number of the friends
of the accused in court, many of them brother officers
from Aldershot. The magistrates of the county,
too, were largely represented, and there was an
immense attendance of she members of the bar.

The defendant entered the court shortly after ten
o'clock, and took his place in the dock, though he did
not formally surrender until called upon to do so. Mr.
Justice Brett took his seat on the bench at half-past
ten o'clock. Mr. Serjeant Parry and Mr. Poland ap-
peared for the prosecution. Mr. Serjeant Ballantine,
Mr. Hawkins, Q.C., and Mr. Tilley appeared for the
defence. Mr. Serjeant Robinson watched the case
for the London and South-Western Railway Company.
Mr. Avory (Clerk of Arraigns) said: Colonel Valen-
tine Baker, you are indicted for that you, on the 17th
of June, did unlawfully and wilfully, and against her
will, attempt to ravish one Kate Rebecca Dickenson;
a second count charging you with an indecent assault
on the same occasion; and there is a further count
charging you with a common assault. Are you guilty
or not guilty.
Colonel Baker (in aloud, firm voice) : "Not Guilty."
The jury having been sworn in, Mr. Avory read the
indictment to them.

Mr. Serjeant Parry, in opening the case
would b
sewfoourtheepirdolseecfour-
tion, said :—Gentlemen of the Jury,—lt
me to suppose that you have not heard of this case before,
and it may be that some of you have discussed the merits of
it; but I invite you, and I am sure you will do so, to drive
from your minds any prejudgment you may have formed,
and to give your verdict according to the evidence you
may hear in court to-day. The case has excited a
great deal of attention, but I believe that whets twelve
gentlemen are summoned in the jury-box they in-
variably decide according to the evidence and the
direction of the learned judge. I regret the position in
which the defendant now stands. He is a colonel in the
Queen's army; holds a staff appointment at Aldershott ; is
a married man; and is about fifty years of age. He stands
before you now charged with a cowardly, unmanly attack
upon a young lady, whom he met for the first time in a
railway train on the 17th June. There are three counts to
the indictment, the first of which charges him with assault-
ing Miss Dickenson with intent to ravish, the second is a
charge of indecent assault, and the third charges him with a
common assault. Miss Rebecca Kate Dickenson is a young
lady of twenty-two years of age, residing with her two un-
married sisters at Durnford, near Midhurst, in Sussex.

At this point of the case the learned judge stopped Mr.
Serjeant Parry, remarking that the noise outside was such
that it was impossible to do justice to the case, and that he
must have the streets cleared A posse ot policemen were
told off to perform the duty, and the people tell back hooting
loudly and hissing the constables. When quietness was res-
tored,

Colonel Baker was given a chair, his sureties standing in
a cluster round him.
Mr. Serjeant Parry then continued —Mrs. Dickenson and
her three unmarried daughters came to reside at Midhurst
in January, 1873. Miss Dickenson has a brother-in-law,
Dr. Bagshaw, who with his wife, resides at St Leonard's,
and on the 16th of June—that is the day before this attack
was made upon her—she received a telegram from her sister,
Inviting her to accompany them in a short trip to Switzer-
land Accordingly in a hurried manner she started from the
Petersfield station, and took her seat in a first-class compart-
ment alone. She had some luggage and a portmanteau labelled
'Dr. Bagshawe, Dover." The next station was Liphook
and there defendant, Colonel Baker, entered the car-
riage. Miss Dickenson sat with her face to the engine,
on the left-hand side of the train, with the window open.
When Colonel Baker got in he sat upon the opposite side of
the carriage, in the middle of the seat. He commenced a
polite conversation with her by asking her whether she
would like the window raised. She declined, and said she
rather liked it as it was. From Liphook the train went on
to 'Woking, and from Woking it would run on to Clapham
or Vauxhall, a distance of twenty miles. Before the
train arrived at Woking, Colonel Baker only entered
into a general conversation on the most innocent
topics, such as theatres, the academy, the pictures,
and so on—in fact, on such topics as a gentleman might
address a lady about. Netting of consequence took place
until after the train left Woking, when it would have to run
twenty miles. Just after that Colonel Baker's manner
entirely changed, and he began asking her insulting
questions. Miss Dickenson scarcely answered him,
and repelled him in every possibly way. After the
train left Woking, Colonel Baker suddenly stood up, raised
the window of the carriage, and continued in fact his in-
salting conversation. He put his arm round her waist;
anti he kissed her forcibly and against her will. She begged
and entreated him to leave her alone. She got up for a
i
moment, and went to the communicator, and t is very
much to be regretted that there was no communicator. He
said "Don't ring," and then seized her forcibly teund the
waist, and pressed her back into the seat with his whole
weight. He kissed her repeatedly on the lips, and tried to
raise her clothes, and there could be no doubt what he was
attempting to do at the moment. At this moment by a sup-
preme effort, the young lady disentangled herself from Colonel
Baker, and tried to break the window, but failed. She managed,
however, to get it down, and, thrusting her body out as far
as possible, screamed loudly and attracted the attention of
several of the passengers. She also managed to open the
door, and get one foot out upon the step and the other upon
the feotboard, and in that position she continued from
Walton to E.her, in a state of the greatest alarm and peril,
and it seems a providential thing she did not lose her life.
That was a distance of four or five miles, and the defendaet,
no doubt, by that time got alarmed. This young lady im-
perilled her life rather than submit to dishonour, and an
she stated before the magistrates, bad made up her mind
that she would rather die than re-enter the carriage. The
defendant then must have felt alarm, let me hope for
her as well as himself He had hold of her right hard all
this time, and entreated her to come back, but she said she
would rather sacrifice her life. Just before they reached
Esher, the driver saw her, stopped his train, lane took her
d 'yen, and asked what was amiss. She replied, " fie has
insulted me ; he will not let me alone." These, gentlemen,
are the material facts, the outline of which will be filled up
by the evidence of Mi-s Dickenson and several other import-
ant witeesses. I have read the charge of the learned Judge
to the Grand Jury—read it with great interest and attention.
As to an indecent assault, which includes a common assault,
of course there can be no doubt ; the only question will be
whether he intended in violate the young laay—a grave and
serious question for him, as to which there is a pregnant
fact, proved by more than one witness, that his dress was
unfastened. He was placed in a compartment with two
gentlemen, and they will both state that his trousers were
unbuttoned... Therefore, at the moment he was seizing her
and pressing against her his dress was unfastened. It vnli
be for you to judge what inference you are to draw from that
fact; but such are theundoubted facts. At the station no charge
was made, but the parties gave their cards, and the defend-
ant, when he heard the lady's name, said, "I know your
brother." He had already asked her not to make a com-
plaint, as it would do him great injury. At that time she
had made no charge, but she had three brothers, one of them

an officer in the Array, another at the Bar, and a third a
physician, and they resolved to prosecute. When Colonel
Baker appeared to answer the charge before the magis-
trates, he said he should be able to "settle it," and ap-
peared to have no idea of the gravity of the charge against
him Her brothers resolved to prosecute, painitil as was
the ordeal their sister had to go through, not only before
the magistrates, but here again before a crowded Court,
but they felt that they had no alternative. Before the ma-
gistrates the defendant had made a certain statement :—"I
solemnly declare upon my honour "—the word "honour"
was misplaced on such an occasion—" that the lady, under
the infinence of alarm, exaggerated the case." The jury
would judge, after hearing her •evidence, whether that was
so. But the defendant had only denied the evidence of the
police-constable, whose evidence, however, was of the
smallest possible consequence The witness would swear
that the defendant did use the words imputed to him. The
defendant had said that he did not cast the slightest impute.-
tioa upon the Lady; and Mr. Hawkins, his counsel, had, to
his honour, disclaimed any idea of making any imputation.,
upon her. Such was the case which was to be laid before.
the jury, and he was certain that the interests of justice were'
safe in their hnnds, and that they would deliver their verdict
according to their consciences and according to the evidence
lall before them.

Miss Dickinson was then called, and was with great
difficulty brought into court by her mother and her brothers
and placed in the witness-box. Being sworn, she proceeded
to make her statement in a calm, firm, and modest way, in
answer to questions from Mr. Poland.—l am, she said, 22
years of age, and have resided all my life with my mother. I
had arranged to go Switzerland with a married sister on
the 17th of June, and had received a telegram on the
Wednesday afternoon, the 16th of June, to join her next
day in London. On the Thursday I went to the Midhurst
station with my sisters, who saw me into the train. I
went to Petersfteld to join the Portsmouth train, and there
I had to change carriages I got into a first-class carriage,
which was empty, with my luggage, which was labelled
"Dr. Bagshawe, Dover." I sat in the corner, with my
face to the engine, and I travelled so alone to Liphook.
There the defendant got into the carriage, and sat on the
other seat. The window was down, and he asked me if
I felt the draught. I said, "No, thank you; I like it." He
said nothing more to use then. At Haslemere, the next
station, he remarked on the general prettiness of the line,
especially at that and Godalming station I said yes, it was
very pretty, but I thought slmost the prettiest part was the
branch from Peterstield to Midhurst He said Midhurst was
a very convenient place for Goodwood, and that he had
stayed there. Before then I had mentioned we lived there,
and that it was a very pretty place. He said, "Have you ever
been to Aldershott? " and I said, "Yes, we have a brother
there in the Engineers, and went there a short time ago to a
balL " I said, "My brother is away now camping out.' "Pon.
tooning I suppose," he said. "Yes," I said, "something of that
sort." I asked, "Which is your regiment?" He said, "I don't
belong to any regiment; I am on the Staff at Aldershot."
I said, "South Camp?" He said, "North Camp." This con-
versation was the Liphook side of Guildford. We had
other conversation as to the Academy, the theatres, allEi
other topics. He said, "I see your luggage is labelled
'Dover;' are you going there to-might ? " I said "Yes,
and we cross to-morrow morning." He said, "Are you going
there alone?" I said, "No ; I meet in brother.in-law, in
town." He said, " You will have two hours to wait. You
ought to s'ay a few days in town." I said we had previously
been in town a week or two ago. He said, "How long will
you be abroad?" I said, "A month." He said, "Exactly a
month?" I said, "No ; perhaps three weeks." We passed
several stations afterLiphook, includieg Godalmin g and Guild-
ford, and then we came to Woking, the journey there having
taken, perhaps, about 50 minutes. At none of the stations
or at Woking did any one else get into the carriage. Until
we left Woking there was nothing in the conduct of the
defendant which at all alarmed me. I still occupied the
same seat, and he sat in the opposite corner to me. After
leaving Woking I believed the train would not stop until we
got to Vauxhall, for he had said that after leaving Woking
it went straight through. After leaving Woking he said
"I suppose you don't often travel alone?" I said "Never."
He said "Could you fix a time when you will be on the line
again?" I said "N o " He said " You won't ?" I said nothing. He
said " Will you give me your name ?" I said " I shan't." He said
"Give me your name that I may know when I hear," I said
"I shan't." "Why not" he said. "Because," I said, "I
don't choose; I don't see any reason why I should." He then
got up and put up the window. He said "Give me your
Christian name." I said nothing. He then sat beside me—
that is, he came after he had put up the window. There was
no division or arm on the seat between us. He sat beside
me and took hold of my hand, still asking for my name. I
said, "Get away, I won't have you so near,' and pushed him
off. He said, "You're cross; don't be cross." He put his
arm round my waist and held me by the other and kissed
me on my cheek—once, I think—and said, "You must kiss
me, darling." He held me in front of him. I pushed him
off. He put one arm round my waist and held me in front.
He was sitting beside me at the time. I pushed him off,
and got up and tried- to ring the bell to warn the guard. I
tried the dial in the centre of the compartment, built
would not act. Ile said, "Don't ring; don't alarm the
guard." He forced me back into the corner where I was
before. He pushed me back, and pressed me back against
the cushions of the carriage, he himself being on me—that
is he was in front of use, standing up. He kissed me on
the lips many times. His body was on me at the time. I
was quite powerless; I could not move at all. I said
nothing, but as soon as I could speak I said, "If 1 tell you
my name will you get off?" I don't think he said any-
thing. He was kissing me on my lips; so that I could not
speak before. Then he stooped down close in front of me,
and I felt his hand underneath my dress; on my stocking,
above my boot.

The learned Judge : Where was his other hand ?-I.liss
Dickinson: It had nothing to do with me.
The learned Judge: He had it not roundyour waist then ?
Miss Dickinson : No. It was quite free.

Mr. Poland: Did you see what he was doing with it ?—I
had an impression about It; nothing more.
What was your impression?
Mr. Hawkins objected.

The learned Judge said: What do you see?
Miss Dickinson : I had an impression ; nothing more.
I got up instantly, and pushed the window with my elbow
to see if I could break the glass, but I could not. I got
the window down and put my head out and screamed. I
" propped" myself out with my elbows. He pulled me
back. I felt quite strangled ; I can't tell how. I kept up
and screamed once more, fearing it might be the last time
I should be able to do so, and at the same time I twisted
round the handle of the door and stepped out backwards,
on the footboard, I think, holding on with my left hand
to the outside handle of the door, the door opening
towards the engine—that is, the back ; the hinge of the door
was towards the engine. I held
.on by the outside handle;
the door handle. I was outside ;my arm was outside, and
with my right hand I held on to his arm. I think he had
caught hold of mine He held firmly to me—that is, to my
arm. He said, "Get in, dear, get In; you get is, and I'll get
out at the other door 1" I said, "It you let rue go I shall
fall" I had seen the other door locked at Guildford. I
recollect nothing more said, and travelled on in that way
some distance. I spoke to two gentlemen in the next com-
partment, and asked "How long is it before the train stops?"
Che wind was so strong that I could not hear what they said,
but I fancy one of them said, "I don't know." The train
stopped close to Esher station. My hat had blown away as
soon as I got out. When the train stopped persons came
to my assistance. He spoke to me and said, "Don't say
anytbing—you don't know what trouble you'll get me into.
Say you were frightened. I'll give you my name or any-
thing. I said nothing : I was nearly exhausted. I was
helped down from the carriage, and the defendant got out as
soon as it was stopped. They said. "What is the matter T' I said,
"That man will not leave me alone." He said nothing. He
was put into another compartment. They said, "Be is re-
moved, get in again" I said, "1 can't go alone," and the
Rev. Mr. Brown got in, and I travelled to Waterloo Station,
and the defendant was brought there, and I gave my name
and address; indeed, I had previously given it to the guard.
He said, as we travelled along, "I know your brother very
well indeed. Give me his address, and write to him." I
said, "You may do what you choose," and did not give him
the address. Mr. Brown saw me to the house of my brother,
Dr. Dickinson, in Chesterfield-street, and I told him what
had occurred. Next day I went to Guildford, and obtained
a warrant. Some of the railway officers were with me.
Mr. Hawkins, in cross-examination: Colonel Baker ad-
dressed you when he first got in at Liphook ?
Miss Dickinson: Yes, he asked me if I felt the draught.
Was he arranging papers: I should say not. I saw none.
Was there no other conversation between you until you
got to Hazlemere ?—No.
When did you speak about the prettiness of the branch
Hue ?—At Hazlemere

You had spoken of Midhurst ?—Yes, I had said we lived
near there.

Did he ask where you lived ?—No.
You did not mention the house you lived La ?—No; I said
we lived near there.

Was it then you had some further talk with him?—No,
afterwards, near Guildford; not long afterwards.
You kept up a continuous conversation until you got to
Guildford ?—Yes

He had told you he was on the Staff at Aldershott ?—Yes.
You had a conversation about your intended journey?—
Yes

You had stated you, expected your brother P—Yes.

At the station ?—No; in town.

Had yen said who you were to meet at the station ?—No;
I first said my brother, and then corrected it to my brother-
in-law.

Had you talked of other topics?—Yes.
Mesmerism, for instance 7—Yes.
What did he say?—" Have you seen Maskelyne and Cook,
and do you believe in mesmerism?" I saitl, "No; but I
suppose there is something in it." He said he had a friend
who could mesmerise and could make young ladies he had
never seen before folkw him about. I said I did not think
it was very easy to believe that. He said, "I think you
Could be mesmerised," I said, " Why ?" He said one thing
I did not hear, and asking him to repeat it, he said,
looking at me, "I don't know; you have a look about you"—
that was all about mesmerism.

Do you recollect anyoother topic T—Yes, the Academy, the
theatres, dr,o. He asked we where I generally stayed in town.
I told him we had stayed at Almond's hotel, in Clifford-
street. He said, "How very odd; you should have men-
tioned that : I was staying there last night." I said, "Oh.
Is Mrs. Logan (the landlady) going on still." He said, "Yes,
Just the same," adding that the hotel was very central and
very quiet.

Was anything else said?—About Aldershot, as I have
already statei.
Nothing more about himself I—No.

Nothing as to where he was going to stay in town ?—No ;
he said he had come down from town'that morning.
Did he say he was going back there ?—No.

Did you say where you were going to stay?—No. I did
not say where. I merely said "In town." I did not men-
tion the place.
The train stops at nrmy plates between Petersfleld and
Woking ?—Yes, almost every station.
It was tedious travelling ?—Yes, very slow.
You said so, didn't )ou?—I dare say I did, but I can't
recollect it.

Diln't you remark upon the frequent stoppages P—l might
have done so.

Was it not upon that remark of yours Colonel Baker said
he thought that they did not stop again until they came to
Vauxhall?—l can't recollect. I don't think it was.

Then how was it he came to say it t—lt might have been
OD my observing it was slow.

I understood you to say that up to Woking you had had
no reason to complain 7—Up to Woking.
When I say mason to complain, nothing you had rather
not have had said or done 7—Nothing.
Colonel Baker had changed his seat, though, before that I
—Yes, he had.

That is, from the centre of the opposite side to the seat
opposite you ?—Yes.
You had been travelling in that way for half an hour ?
Yes.

I think you said the carriage was locked on one side.—Yes,
the opposite door to where I was sitting.
No one had got into your carriage from the time you left
Liphook ?—No.
Had Colonel Baker got out at any station ?—No, he had
not.

At Woking you remained some time?—Five minutes I
think, but lam not sure.

How soon after leaving Woking was anything said or done
by Colonel Baker ?—Almost imraediately.
As much as four or five minutes ?—I should think not so
much.

Do you remember how it eommenced ?—As we passed
the " A ctors— Home (just past Woking) he said he had
never seen any of them walking in the garden, though he
travelled so often. I hat was the first thing he said. Then
it was he said, "I suppose you don't often travel alone.
Where was he then sitting P—ln the corner opposite me.
You told us the next thing he said was he asked you
whether you could fix a time when you would be on the
line again?—Yes, and I said never.
Ho. long was it before he shut the window P—That was
when he asked me my name.
How long don't think it was five minutes afterwards.
Was it then he sat beside you?—He got up, put up the
window, and then sat beside me.
Did he speak to you directly ?—lle took hold of my band.
Directly ?—Yes; directly he took hold of my hand and
asked me my name, saying also, "May I write?"

Did you make any reply?—l said nothing, but "Get away,
I wont have you near," and then he took ray hand.
Wastit before that ?—At the same time I pushed him off.
Did he move from his seat then ?—No; he put his left arm
mnd my waist.
You say you got up and tried to ring the bell ?—Yes.
Re said, " rtbn't ring ?"—Yes. ,
Yon say he put his arm round your waist ?—Yes, that was
before I got up.
Where was the bell ?--On the opposite side over where he
was sitting.

ronnk

You had to. get up from your seat and reach over 2—Yes,
and I had great difficulty in getting up.
But you did get up and tried the bell ?—Yes, and he said
"Don't ring."

-U•nethin

Did you make any observation on that 2—No, I said
--
Nor about the winder,' whemon were-again in your seat?
Was there an arm
The window-was efoesed?—Yet; helif.int it up.
He was In froUt of yolt?-=-1-es.

Immediately-opposite t,lat).viindow4T—lracjaag it. - --
The learned Judge We musthavaAhis exactly. You say
he pushed you hack into your seat ?—Yes.

_
How ?—He was standing up trying to prevea me from
getting at the bell.
Did he push you or pull you back 7—He pushed me back
and was leaning over me.

Mr. Hawkins: He was, as I undeestand, standing between
the two seats ?—Yes.

And the window would be to his right ?—Yes.
The learned Judge: He was leaning nYer you 7—Yes; and
he had hold of me-so that I was powerles&
How had he hold of youf—l can't tell.
Mr. Hawkins: You pushed the window with your elbow?
—.Yes, just after I got up. .
You must have laid hold of the strap of the window to lift
It up.and let it down ?—Yes.
And then you put your head out and screamed ?—Yes.
Before you got out of the carriage had you seen any one?
—Yes. When I screamed the last time I saw two gentlemen
In the next compartment, who put their heads out, and I
asked them how long it was before we stopped.
Had you spoken to them before you got out ?—I can't
recollect.
The handle of the door would be on the aide nearest to
your seat P—Yes.
Which hand did you put out ?—I don't recollect—l had
both hands out.

Were you screaming then 2—Yes, very lou
Then you stepped out backwards on to the footboard?—
Or he step ; I am not quite sure— I stepped on to some-
thing, I think it was the footboard.

Had you said you would get out P—No, I had said nothing
about it.

Do you remember whether he said anything to you?--I
heard nothing until I was out.

How was it you held on ?—By my left hand to the outside
handle of the door, the door being half open.
And you standing on the step?—Yes.
Was your face towards the carriage 7—Yes; I stepped out
backwards.

The door was half open. Could you see through into the
carriage ?—No, I was outside, half behind the door.
The learned .Judge: Did you leave go of the handle ?—I
think so.

What had you hold of when you first stepped out ?—I
don't know.

Mr. Hawkins : Are you sure that the door was between
you and the inside of the carriage ?—Yes, the door was ajar.
I was partly behind it. I partly leant back. I was outside
the door, leaning back.
The learned Judge: Do you think you ever had hold of
the other handle—the carriage handle? No.

_
Then you had hold of Colonel Baker 7—Yes. I had hold
of his arm and he of mine.

Mr. Hawkins: Do you remember him saying, "You're
killing yourself 2 "—No, I don't remember that. I had hold
of his arm and he had hold of my wrist.
The passengers had then seen you outside ?—Yes.
He had said, "I'll get out at the other side ? "—Yes.
Did you say you knew the other door was locked 2—No; I
said, "If you leave go I shall falL"
You did not say the other door was locked?—No.

He suppprted you as you stood outside?—Yes; I could not
have held on without.

Did you ask Colonel Baker when the train would stop ?
No, the gentlemen in the next compartment.
This closed the cross-examination, which had been con-
ducted with the utmost courtesy of tone.
Mr Serjeant Parry.—What did he say as to writing to you?
—lie said, 'May I write?"
How was it you were able to get up and go to the window?
—Because I was free, as he had sunk down right in front of
me. ,

Was he close to you then 2—Yes. I think he was kneeling.
Did you see him doing anything then Y—l had an impres-
sion—

Mr. Hawkins objected that this did not arise out of any
cross-examination.

Mr. Serjeant Parry urged that it might do so.
The learned Judge: No; Mr. Hawkins, I observed,
avoided asking any questions about that.
' Mr. Serjeant Parry: What did he do 2—He pilled me
back as I propped myself up by my elbows on the window.
This closed the examination of Miss Dickinson, which had
lasted about two hours. She answered throughout with the
utmost coolness, calmness, and clearness, showing only by a
slight flush the traces of any natural excitement which
might result from so protracted an examination before a
crowded a court.

The next witness, a bricklayer at the Walton Station, was
called to state that he had noticed a young lady standing
outside one of the carriages in the train.
Then a platelayer was called who had picked up the young
lady's hat 400 yards on the Esher side.
Then the guard was called, who stated that the train left
Woking about eleven minutes late, and in due course would
not atop again until it came to 'Clapham. Weybridg,,e was
the next station, and then Walton, and then Esher. Between
Walton and Esher the driver whistled, and his attention was
drawn to a carriage in the train, and he saw a lady hanging
outside, and he went to the lady and helped her down from
the steps. He saw the defendant on the gravel, he having
already got down, and theryoung lady said the gentleman in-
sulted her, and would notlet her &bine. I asked him what
he had neen doing. Ile earn " Nothing,' and be said ha Knew
the lady's brother well at aldershott. I put him in the next
compartment with other gentlemen.

Mr. Poland: Did you notice his dress?—Yes, it was un-
fastened in front.
His trousers ?—Yes.
When did you first notice that ?,.-When he was standing on
the gravel at Esher.
can you say to what extent?—l should say all the buttons
were undone except the top one.
You put him into another compartment ?—Yes, and locked
the dor. I asked him for his name and address, and he
wrote it--,` Baker, Army and Navy Club." Then the lady got
Into another compartment, and the train went on. Between
Woking and Esher the train was going 40 miles an. hour.
Cross-examined by Mr. Serjeint Ballantine : Did the lady's
dress seem disarranged ?—No.
What coat had the defendant on i —A dress coat, I should
say, with an over-coat on his arm.

Never mind the coat on his arm. I am talking of the
coat on his back ?—I cannot say what was the cut of the coat.
Was it a frock coat ?—The witness hesitated.
You see you are so very particular about his trousers, can-
not you describe his coat 2-1 cannot.

Was it buttoned?—No.
Was his waistcoat 7—To the best of my belief it was.
Were his trousers?—The top button.

Not more ?—Tt may have been.
I know it might have been. I rant to know if it was. You I
have sworn that all the buttons of his trousers were undone
except the top—To the best of my belief.
Did you call his attention to that ?—No.
Why P—lt slipped my memory.
Do you mean that you did think of telling him, and that
you forgot it ?—I never thought to tell him of it.
Then it did not slip your memory P—l never thought ab3ut
telling him ladies were about.
Can you give no better reason P—No.
You asked him what he had been doing to the lady, and
he said "Nothing." Why didn't you then call his attention
to his dress ?—I can't say.
You can give no reason for that P—No.
Did one of the gentlemen come and speak to you P—Not to
my recollection.
I must have an answer. Will you swear that neither of
them spoke to you about his trousers P—Neither of them.
Do you swear solemnly that neither of them spoke to
you P—No, I don't believe.
Will you swear P—l don't believe that either of them
spoke to me.
Did you notice at once that his dress was undone 2—As
soon as I saw him on the graveL
The learned Judge: Was he there when you first came
up 7—Yes, I believe so.

Ile was on the gravel when you came up 7—Yes.
And yon helped the lady out 7—Yes.
Then he was on the gravel before the lady got out 7—Yes.
Dow long did you remain there 7—About a minute.
Before the magistrates did you say that the trousers were
three parts unbuttoned ?—I may have done So; they looked
to me all open.
What do you mean—all, or three partsif—Three parts.
That you say upon reflection 7—Yes.
Do you mean by that every button except the first ?
Yes.

Then, by "-Three parts," yin mean all but the first?—
Witness hesitated.

Do you mean three parts 7—Yes.
Then, why did you ray all the buttons were undone except
the top ?-1. spoke to the best of my belief.
What do you say now ?—Three parts.
Then, you give up all the other buttons except three parts?
—Yes.

Mr. Serjeant Parry, in re-examination, elicited that the
witness said before the magistrate "I don't believe the top
button was unbuttoned, but I saw his shirt."
The learned Judge read from the deposition to that effect,
"His trousers were three parts unbuttoned, not the top
button; I saw his shirt,"

The next witness was Mr. Pike, a merchant at Mochester,
who was not examined before the magistrate, but Whose evi-
dence had been communicated to the defendant's advisers. He
was travelling, he said, on the day in question in the same train
in the same compartment with Mr. Burnett: another of the
witnesses, and he remembered hearing screams some short
tune after starting from Woking. He looked out anti saw
the young lady standing on the footboard of her carriage.
We were, he said, very close to her; I believe in the next
compartment. Others were looking out oh the train, as the
screams were so loud that they could be heard distinctly.
The train stopped, and Colonel Baker was put into our com-
partment. The guard came and asked his name and
address. He said he had no card, but he %rote his name
down. He had an overcoat hanging over his arm. He sat
down, and I was sitting at the extreme end of the opposite I
side of the carriage. Be said, "It was most unfortunate a
lady and gentleman travelling in the same compartment;
that the lady was very much frightened and alarmed." 'Filen
I remarked,
,looking towards my fellow-passenger with the
view of drawing his:attention, "No wonder the lady was
frightened, considering the state of your dreas." His dress
was disarranged; the trousers were partly unbuttoned. Of
that I am quite certain You could see a portion of white
apparel through the opening. He said nothing, but read-
justed his dress—that is, he buttoned up his trousers, and
we proceeded in silence. ,
Mr. Hawkins, in cross-examination, asked when the wit-
ness was first examined on the subject, and he said before
the Grand Jury. His trousers were opened exactly as they
might have been through an accidental omission to fasten
them. I should say three or four buttons were unfastened,
but I am not prepared to say how many. When I called his
attention to it he made no observation at all.
The next witness was Mr. Burnett, the other passenger in
the carriage with the last witness, who was examined before
the magistrates. He said—Hearing the screams, I looked
out and saw the young lady and asked her what was the
matter, anti site said a gentleman had insulted her. She
seemed to be on the footboard, and was screaming for some
time. I trie:l to stop the train. I saw a man's hand come
out anti catch hold of her round the arm, and I saw her I
hat blown off. When the train was stepped Colonel Baker I
was brought to our compartment, and the guard came and
asked for his address. ',vas sitting exactly opposite to
Colonel Baker, and he saidihe had been talking to the young
lady and she got needlessly frightened, and my
passenger said, " What makes your dress in such a State? on
which I saw the action of his hands as if he was buttoning
up his dress. I also saw him put his hand behind his back
as if he was buttoning—
Mr. Hawkins objected to the phrase "as if."
The witness said he saw him put his hand behind him. He
made no remark, and they went on in silence.
The next witness was the Rev. Baldwin Brown, minister

of Brixton Independent ChapeL He also waa a passenger in
the same train, three or four carriages behind Miss Dickin-
son, and he stated that after leaving Woking he heard
screams. He heard them soon after leaving Wevbridge, the
next station after Woking. He looked out and slw persons
leaning out and making violent movements as if to stop the
train. He saw a lady outside clinging to the carriage and
screaming violently. The train stopped, and he•got out
and ran to the carriage and helped to assist her down. She
was very distressed, and had evidently suffered great alarm,
though at the same time she had great self-control. He saw
Colonel Baker in the carriage as she was assisted out. She
said, "I will not ride further in the carriage with that man."
He saw him get out, and, at her request;he accompanied
her to town. He went with her to the police-station, and
afterwards took her to her brother's house and then left her.
This witness was not cross-examined.

The next.witness was Alter, the polioe-sergeant, who •was
at the station, and who hearing what the guard said went to
the train where the lady and the defendant were, and went
with them iielhe office, where the guard said "the lady had
been itisaltetrby that gentleman" I asked the lad/
_the
nature of theinsult-autrithe Made bo answer. Mr. Brown
said she could not explain in the state she wr, but would
&insult her . I hiDdier name and address, which
slingave. The defendant-then turned -ion and said, "I
know your brother," and he turned round to me and said, "I
know her brother very well." I said, "It's a great misfortune
for you both," and I asked him his name and address, which he
gave me, "Colonel Baker, Army and Navy Club, Pall-Mall,
and Aldershott." I then asked him for his card, which he
gave me. I said, "It is an unfortunate occurrence," and he
said, "Yes, I'm sorry I did it. I don't know what possessed
me, I being a married man." I then asked him if he had
any objection to a man, going with him in plain clothes to his
Club, and he made no 'Dejection, and I did so.

Mr Serjeant Sallantine, in cross-examination: When he
said "I am sorry I did it," what did you understand by it?
--E took it to refer to her expression that he had insulted
her.

The Deputy Chief Constable of the Surrey Constabulary,
who had received the warrant on the 18th : I went to the
Guildford Station and saw Colonel Baker get out of the
train, and I asked to speak with him, and he came. with me
to a waiting•room. I then told him that I had a warrant to
execute against him, and I read it, and asked, "Why is
the offence brought here?" I said, "Bemis:se:it was com-
mitted in this district." He said, "Who 14.1 the informa-
tion?" I said, "The young lady herself," and, shOWed him
the information He asked., "Where is she; is she here ? "
I sld, "Yes, she is in the town with her brother, Dr.
Dickinson. He said, "I suppose it I can arrange it with
Dr. Dickirson it will be all right?" I said, "I don't
know." I took him to the station, and he was remanded,
and after his remand he made a statement in my presence
to Inspector Potter, but which I did not take notice of, and
cannot state what it was.

Inspector Potter was called, and stated that he heard the
defendant say before one of the magistrates—
The learned Judge said this could not be evidence ; it
ought to be on the depositions.
The defendant's statement before the magistrates was then
put in and read.
"I am placed here in a most delicate and difficult position.
If any act of mine could have given any annoyance to Mists
Dickinson, I beg to express to her my most unqualified re-
gret. At the same time I solemnly declare upon my honour
that the case was not as it has been represented by her to-
day under the influence of exaggerated fear and unneceEsary
alarm. To the evidence of the police-constable I give the
most unqualified denial. I don't in the least intend to say
that she wilfully misrepresented the case, but that she has
represented it incorrectly, no doubt under the influence of
exaggerated fear and unnecessary alarm."

This closed the case for the prosecution.
As no witnesses were to be called for the defence,

• Mr. Serjeant Parry then addressed the jury on the case
for the prosecution. He said it was clear that the lady had
not exaggerated whetted occurred, and as to the charge of
,assault and indecent assault the defendant had no defence,
and he assumed that on those charges he must be convicted.
But his counsel would endeavour to persuade them that he
was not guilty on the graver charge of attempting to violate.
His learned friend had elicited in cross-examination all the
conversation that had occurred, no doubt with the view of
suggesting that, though the lady was innocent and art-
less, yet her very innocence and artlessness led him to
Imagine that he, an officer and an experienced man
of the world, might in a short space of time debauch
and seduce her. The moral depravity of that was
fully as great as that which was imputed in this charge
of attempting to violate. That such an idea should have
entered his mind and that he should have endeavoured to
carry it out was something so revolting that it was net less
shocking than the crime imputed. No one could doubt that
the lady wouin have been debauched or violated but for her
brave and heroic resistance. (An outburst of applause.)
The nature of the aefence thus suggested was morally as
wicked as the crime imputed. Still, he admitted that if
this were the truth, the defendant could not for an attempt
to debauch be convicted of an attempt to violate. The
defence suggested was that the defendant meant to go as
far as he could without actual force. But who could doubt
that if the defendant had remained with that lady in the ,
carriage he would, somehow or other, have achieved his '
object? And what was that? Was it seduction or was '
it rape? Where was It? The laay was enclosed in a
prison, hardly able to resist a strong man like the
defendant if he desired to accomplish his end. She was
under a kind of duress, which must -last for- snore than
half an hour, and he was pulling her about, teliing hold of
her person, laying hold of her body, pushing her down,
kissing her, standing -over her—as she herself said; she
"felt herself powerless." He sank down before her: She
had an impression what his hands were about. Her im
pressions were not evidence, but the jury could act on
them • and if at that moment he had completed his act,
would it have been rape or would it have been seduction?
Could it have been said that she had consented? Would it
have been seduction, or would it have been rape? Look at
all the circumstances, especially the closing the window,
which of itself implied a desire to stifle list. cries, and im-
plied an anticipation of resistance. When he draggA her
back from the window it might well be that it was not to
continue his efforts; but then he found he was baffled, and
he never gave up the attempt until he was defeated What
at that time was the state of his dress? The guard—a
muddle-headed witness—had been helpless in the hands of
his learned friend, though the effect of his evidence was
confirmed that he saw the defendant's dress open. The
jury could not deuht that he was telling the truth, for it was
entirely confirmed by-the two gentlemen who were called.
The defendant gave no explanation—he did not give 'that
which was now suggested by his counsel, that it was an
acasentel derangement of his dress. In his statement before
the magistrates he did not deny that his trousers were un-
buttoned, nor did he offer any explanation ofsit. What was
the only possible explanation except that it *as with a view
to commit the act suggested ; and though, jilt was seduc-
tion, it was not a criminal offence, the jury Would have to
judee whether it was not intended to exert force to accom-
plish his object. His learned friend would ao his besa to
persuade them that this young lady by her artless conver-
satien had led his client to expect that she would prove an
easy victim. It was for the jury to say whether they would
be pafigied withsthe defence thns Net up.
Mr. hawking, in beginning his address to the jury, said
that they must feel he had never had a more painful task
before him and one of more than ordinary difficulty. Ile
came into court that morning on the eve of a criminal trial
—a tri .1 which was to affect the liberty and the reputation
of one of our most gallant officers—and lie witnessed a
scene of excitement such as he had never seen before,
and hoped to God ha might never see again. or was
this the only difficulty he had to deal with, since-
-1 for some weeks the case had been the theme of dis-
cussion throughout the country. His learned friend in
his closing address' had appealed to their passions and their
feelings' and the appeal had been responded to by a
burst of unthinking applause. He had, however, one hope
—he was sure that the direction of the learned Judge would
be listened to with attention, and that they world struggle
to do that which they had sworn to do—to determine the case
upon the evidence without prejudieeand without .feeling. In
his address to them on behalf of the defence he desired to
assist them in their discharge of their duty, and he not only
had the complete concurrence of his client, but he acted on
his original instructions. His friend had approved the course
he had taken before the magistrates, and it was due to
Colonel Baker to say that it had been prompted and
directed by Colonel Baker himself, whose conduct
throughout, from the moment the charge had been
made,—whatever might have been his cuipability,—had,
'certainly been unimpeachable. Upon his exixess instruc-
tions he declared that he had no desire to matlie slightest
reflection upon the young lady. He,would nosql•oceed to tell
them how far he felt able to make a defence. How could he—
how could any man—in the face of the evMence given to-day,
how could he say that Colonel Baker had not been guilty of
an assault, and of an indecent assault? He could not so
far stultify himself as to dispute that. He had no means of
calling any witnesses to state the view which Colonel Baker
would have given of the case, for he could not call Colonel
Baker to explain how he had come to be guilty of these
improprieties. But as Colonel Baker could not be called it
was very hard that the counsel for the prosecution should
suggest that he had formed the design of seducing this yoting,
lady. That was a question quite foreign to the present issue;
which was whether Colonel Baker had the intention of com-
mitting a rape upon this young lady, whether he intended to
violate her by brute force in spite of all her resistance, Let
the jury' observe that the charge was not one which the lady
had herself ever made; her complaint was merely that lie
had "insulted her," and the warrant was for an indecent
assault, although as much was known then as wag known
now.
The learned Judge observed that the defendant' hid been
committed for the attempt to violate. The magistrates had
taken that view of the case, and had committed him upon
that charge. •
Mr. Hawkins said that was so, no doubt, but, after tsll, the
question would be whether, on the direction of the learned
Judge, the evidence sustained that view.- His friend had •
quite mistaken the view with which he hod crose-examined
the young lady—it was with no idea of imputiug levitY,
only to explain the circumstances of the case on which the
jury were asked to -find the defendant guilty on this
serious charge It was plain that until • the train got
past Woking there had been no impropriety, ' and she
had told him that she was -living with her .relatives,
and he had told' her his position, so that he was well
award she was it young lady.living near Ilifihnrsts It WAS
probable that the remark that the train would not atop
again was made on her remark that the train was slow.' After
leaving Woltina he changed' his seat,' and "I cannot," Said
Mr. Hawkins, "stultify myself so as to say what might not
have entered into Cohmel Baker's mind at that time, and he
certainly proceeded to take lilierties which, of course, qua-
net but be reprobated.' ' Bat the, question was as, to. his
actual intentian 'at the time ;'anti' an indedent &Sault 'did
not show an intention to commit a rape. He could' not
excuse what Colonel Baker did. But the question is as
to the circumstances which are said to phow the. attempt
to violate. Up to the time of the young lady get-
ting up to ring the bell there surely was nothing to
show such an intention. But, finding that she was about
to ring the bell and alarm the guard, it was natural that
he would rise to prevent her ; it was natural that he should
lay hold of her and try to pull her back. No doubt, she
said that he pushed her on her. seat and pressed against
her ; but, 'even if she was right In all this, though there
would be an aggravated assault, it did not show an inten-
tion to ravish. Let the jury consider the circumstances
and judge whether it was possible that he could have had
that intention, for of a surety she would have been
powerless to prevent him. The liberty he had taken),
improper as it was, was far too light to be taken as a
proof of an attempt to ravish. Ile could not .for the
moment extenuate it or excuse it, but still it fell far short
of evidence of an attempt to ravish. Surely the circum-
stances rather negatived the attempt to commit a rape! If
such an attempt had been made could she have been self-
possessed, as one of the witnesses said sheNieas ? She had re-
sisted indecent liberties, and was prepared to resist them, and
had got out of the carriage in order to resist them, and
nothing more was done or couls.l be done. Surely all..the dr-
cumstances were far more consistent with a mere inaecent
asstiult than an attempt to violate. When she -rosé to open
the window why should he not have pulled her down and
prevented her lEnt all he did was to endeaveur to prelveut her'
getting out. As to the state of Colonel Baker's dress, of ccurse
after the evidence of Mr. Pike he could not dispute the facts;'
but that gentleman admitted that it might have been acct-
. dental, and the young lady had observed nothing of the kind;
nor was it fair to attempt to get ether impreseiona on the,
;matter. It was not in his power to' offer any evidence, for
Colonel Baker could not be called as a witness, He pro.
tested against the suggestion that, however improper- or
even indecent his conductmight have been, he was prepared
to violate that young lady. What I attempt to .vielate a young
lady about to join her friends and relatives! surely , sueh
an excess of brutal, horrible oirrage could not be credited.
Lie did not for a moment attempt to exculpate the de-
fendant, or even to extenuate his condact, but be did im-
plore them not to confound two matters so different in
their nature. It might be that he might have indulged in
the idea ( f gratifying his passions, led on by some hallucina-
tion and delusion to imagine that she would have yielded to
his entreaties, but that ha should have really intended de-
spite 'of all resistance to commit a rape upon her was, he
-ventured to say; utterly incredible. He had thus addressed
them on the, evideuce as to the only point stipule itnthe case
He cattle' noit setae-Any defence ogainats.thehamindr-tharges ;
he had endeavoured to make a defence against the more
serious charge. t)lonel Baker stood in a most lamentable
position. Lowered from such a pinnacle of honour to such
a depth of shame I To say that he felt remorse for his act was
saying nothing. To say that he wished to make repara-
tion—any reparation in his power—was saying little, though
it was all he could say. Ile offered the deepest expression
of his remorse, his regret, and his self-reproach ; he awaited
with terrible anxiety the verdict on the more serious part of
the charge; and he looked with sorrow and bitter regret to
his clouded future and his ruined prospects. He was sure,

however, that the jury would give their verdict uninfluenced
by passion and by feeling, with a calm desire to administer
justice.

The learned Judge, in addressing the jury, reminded them
that they had only to answer the questions he should put to
I them, and even though their answers might lead to a
result different from that which they desired, they must
not on that account shrink from giving them freely accord-
jog to the evidence. It is for me to tell you, he said, what the
' questions are which you are to answer, and it is for you to
answer them faithfully—whether the effect is ta acquit or
to convict. That part of the matter rests with you. I have
nothing-to do with the answers you give; you are not to
• answer them according to your wishes as to the verdict, but
• entirely as the evidence may dictate. Forget, therefore,
I all expressions of the opinion of persons not responsible
las you are, and think only of your own responsibility and
, your duty.to give the most calm, dispassionate; and careful
• consideration to the evidence in the case, honestly giving
the answers you think ought to be given to the questions I
shall put to you. The defendant is charged, first, with an
assault, and if without any ill•feeling in his mind he laid his
• hand upon her without her consent it is an assault. But he
is charged next under a statute with an indecent assault,
and as to that I have no right to tell you what particular
act according to law will or will not amount to an indecent
assault. The only definition I can give you is that, if a man
assaults a woman in such a way that ordinary right-minded
men would say it was indecent, then it is an indecent assault. ,
I cannot lay down the law as so what is or is not "indecent"
beyond saying that it is what all right-minded men, men of
sound-and wholesome feelings would say was indecent. The
lady says he kissed her on her mouth. I say to you, as I said to
. the grand jury, that if a man kisses a woman against her will
1 for the purpose of gratifying any carnal feeling in his own
mind, or to excite a carnal,feeling on hers, it is for you to
say whether it is not an indecent assault. So that, if you
are satisfied that the defendant kissed the lady with such
feelings, even though you were not satisfied that he put his
hand under her dress, then there would be an indecent as-
sault. But then comes the other and graver accusation,
which, let ma tell you, is of the highest importance. The
defendant is charged under a statute with an assault with
Intent to commit a felony—that is, in this instance, a rape.
Now, as to that, it is not correct to say that the question
is whether he had determined to stop if he found her resist-
ance go beyond a certain point; but the question is whether
he intended to violate her, and he cannot be convicted of
that offence unless you are satisfied that he had it in his
mind to have carnal connexien with her notwithstanding any
resistance she might make. If you are satisfied of that,
then it is your duty to convict him ; but if ,not, then to
acquit You, of course, can only tell what was in his mind
by his acts or words. He never said he had that intention;
on the contrary, he has always denied it; and therefore
It must be inferred, if at all, from what he did. What,
then, are the facts which make against him on this the most
important part of the accusation? And, first, what is the
legal rule as to the interpretation of facts in a criminal case?
It is your duty, it they aro doubtful, to give them the most
merciful iuterpretiou. If you have no doubt as to the
effect of the facts, then you must give them that effect, even
though it be to the destruction of the prisoner; but if you.
have a doubt, then you must give them the most indulgent
Interpretation. Now, no one can have heard the case with-
out feeling in his own mind the strongest sympathy for that
young lady, and it requires the greatest care in every one of
us to consider the case calmly and dispassionately, and not
to be led away by our feelings. The young lady entered an
empty cart iage and travelled for some time alone, and
then the defendant entered it. You have seen them both;
you have seen the young lady and you see him. The
young lady is in her 22nd year; he, it is said, is about
50, certainly very much older than she. He began a conver-
sation with her, which she could hardly repulse. She
conversed with him ; it is for you to say whether there
was anything in her conversation which the most innocent
girl might not have said to any one who seemed respectable,
and whose demeanour towards her was respectful. ' She
carried on that conversation with him until they got to
Woking,-the greater part of an hour, and there was nothing
until they left Woking to complain of. Whatever there is in
the case to affect the defendant in respect of the grave charge
occurred between that place and Esher. He put up the
window, and it is suggested that it was to prevent her scream-
ing and from being heard, and that he anticipated resistance;
but it might also occur to him that whatever happened
ought not to be open to observation. The learned Judge
then reviewed minutely the evidence of the young lady as
to what occurred, asking the jury as he went along whether
it went to show an intention to commit a rape, or whether
It did not rather show an attempt to get her into such familiar
intercourse as might lead the way to a future seduction. You
must ask yourselves, he said, whether he had made up his
mind to use irresistible force, or whether he was hesitating;
and it you think that, however wicked he was, he was hesi-
tating, and could not make up his mind to use the last
extremity of violence, then he is not guilty upon this
charge. You must take yourselves there ; you must picture
to yourself the scene as it occurred, and remember that, as
she herself said, she was powerless. The question is not
whether he intended to compass his object partly by force,
partly by persuasion, and partly by exciting her passions,
but whether he intended to use all the force of which he
was master, and to use brutal violence to effect his object.
You will not lose sight of this—that she was able to
get up and go to the window, open it, and put her head
out. She could not say exactly how it was; she did it in
that moment of supreme terror. • She was then in a new
danger, a danger to her life; but she was able to do it and
did it. It is true that the young lady says that just before
one of his hands was under her dress, and that she had an
impression how his other was occupied; and, as it cannot be
doubted, after the evidence of the two gentlemen called, that
his dress was unfastened, you may be of opinion that it was
then that it was done. But still, that does not suffice to
prove an intention to commit a rape, and if you are of
opinion that he intended—most wickedly intended—partly
by force, partly by persuasion, and partly by exciting her
feelings, to get from her a reluctant consent, and that he did
not intend to obtain his object by force and violence alone,
in spite of any resistance she might make, then it would be
your duty to acquit upon this charge, for it would not
amount to the attempt to ravish which is charged. It
would be impossible to put the question more clearly to you,
and you must bring your intelligence to bear upon it. If
you are satisfied that he intended to attain his object by
force, whatever resistance she might make, then you must
convict upon this charge: but if n9t satisfied, or if you are
In doubt upon it, then you must acquit him on this charge,
though you mty feel bound to convict him upon the charge
of indecent assault, on which no one can doubt he is guilty.
The case is important, said the learned Judge, emphatically,
but there is one thing more important than whether the
' defendant is convicted or acquitted, and that is that juries
should be absolutely honest—that they should henestly
bring their minds to bear upon the evidence, and honestly
and faithfully find their verdict upon it..
The jury, whohad given throughout the most dispassionate
demeanour to the case, and had listened to the observations
of the learned judge with the closest attention, then retired
to consider their verdict. After being absent about a quarter
of an hour they returned into court with a verdict acquitting
the defendant upon the first, the graver charge, but convict-
ing him upen the minor charge of an indecent assault.

Mr. Serjeant Ballantine then proposed to call military
witnesses as to the position and character of the defendant
and the probable consequences of a conviction, as to which,
however,

The learned Judge said,---Not as to the consequences—
that I cannot consider. Anything as to character I will
hear,

Sir Richard Airey was then called, and said he had long
known colonel Baker, and had watched his career with the
greatest interest, and knew him to have attained a brilliant
reputation as a cavalry officer. He had served in India, and
had marched across to India to serve in the Orb/lea, where
he had served with the greatest efficiency. Sir Richard
added that tn his position of Adjutant-General it was his
business to know the character of officers, and he had never
heard anything to Colonel's Baker's discredit.
Sir Thomas Steele, who is in command at Aldershott, also
gave strong evidence in favour of Colonel Baker both as an
officer and as a man of honour.

The learned Judge then, addressing the defendant, pro-
ceeded to pass sentence as follows :—When, he said, the
story of this case was first published, a thrill as of dishon-
our went through the country. When it was heard that a
young and innocent girl, travelling by the ordinary con-
veyance, had been obliged to risk her life in order to save
herself from gross outrage, every part of society, every house-
hold, felt as if it had received a personal injury and
when the country heard that her as.ailant was a gentleman,
and a soldier, and an officer, and an officer high in command,
it felt fear; and -horror, and, I think I may add, dis-
gust. Nevertheless, you have had what everybody must
admit to have been a calm and dispassionate trial ;
and that jury of whom some fear was expressed have
known how to discriminate between the charges made
against you. They have most honestly, most fearlassly, most
properly absolved you from the heaviest part of the charge,
though they have found you guilty of that of which no one
can'doubt you4one guilty. As to the young lady, I have
heard it saidsthaisshe ought not to have remained so long in
a,rallway carriOralone with a man; but it seems to me that
this suggests a state ef sosiety in this country which, happily,
dnes not exist in any part of it. It seems to suggest that a'
defenceless woman in a public conveyance inithis country, if
she is alone in a railway carriage with a man, may expect to
suffer some outrage from him. It is not true of any part of
society, from the highest to the lowest. There may be now
and then a man who gives way to passion, but it is not charac-
teristic of this country, and I wholly deny that there is any-
-thirig wrong in a woman, however young, being alone in a
• railtvay carriage with a man who appears to be respectable
• and treats her with respect. But if it were otherwise, the
arm of the law would be outstretched with vigour to pot
down such a state Of things. It is in general true that a
woman, however unprotected, is safe. et has been further
suggested that the young lady was wrong in entering into
rprolonged conversation with one who was a stranger to her.
'But I cannot agree to that, and it seems to me that it sug-
iests rather a prurient fear than a feeling of se"
and safety which every innocent woman in this
possesses. It may be suggested that the libertine outrage
which you have committed upon her 'has defiled her. Bat
I say it has n3t, and that she walks mit of this
pure and as innocent as ever she was, and as un,
she was—nay., more, that the courage and spirit
played have added a new ray of glory to her yoath, her
'innocence, and her beauty! (A, burst of applause.) With
"regard to you, when I •say that you were not only in the
• aDk of a gentleman, but an officer high in command, it im-
,pliea that, of all who were in that train, you were the last
,who might have been expected to assail her; and it might
rather have been expected that you would do anything to
defend a defenceless woman. Anil I say it advisedly, that
'even if a girl so young had conducted herself with impru-
Hdence- and indiscretion, it was for you, as so much older,
have protected her, if necessary, against herself.
put there is nothing from the first to the last in her
42.cpiaduct which can palliate or excuse in the slightest
degree that dishonourable thing which you have
Committed. For the crime itself there is no palliation. It
<is, when I think of her and think of you—think of all the
circumstances---the crime itself appears as bad as such a
crime could possibly be. But there are circumstances which'
I am bound to take into consideration in the discharge of my
duty, and these are the high character you have received and
the probability that this was a sudden outbreak of wicked-
ness in you. You have attained a high rank and a high
.reputation. I cannot forget that for your brilliant services
your country is indebted to you. I therefore have to treat
this case as one of a wicked outrage which I must call
cowardly and dishonourable, and which you must all your
life ;feel to have been so, but as a sudden outbreak
of wickedness in a man who has up to this time
borne -a • high character, and has served his country
well. _ln those circumstances I wish to spare you
the physical degradation, which would probably be to
you a torture, which would prevent you hereafter retrieving
your character, in the hope that at some distant day you
may be allowed; by some brilliant service of which you are BO
well oapable, to wipe out the injury you have done to your-
self and the dishonour you have done to your country. Yet
I must pass a severe sentence upon you, and that sentence is
that you be imprisoned for 12 months in the common gaol,
that you pay a flue of £.500 and be imprisoned until you
have paid it, and that you also pay all the costs of this
prosacution and be further imprisoned for three months
until they are paid.

eltrespect
country

Colonel 13aker was then removed in custody and the
trial terminated, the vast audience slowly dispersing.

force on the head, and then drawing a knife whial be
In a sheath under his belt and which it was proved Ile,r°l7;
recently purchased, be stabbed her in several places- 4.e,
of the wounds thus inflicted were)of a most serious Da".
one of them entering under the shoulder and Pere"'
to the lungs, and tie other being a stab which pierced
through the cheek and into the mouth. ImmediateiY
perpetrating the assault, the prisoner went downerno
without any attempt to leave the house, and was pre!`ar,
found in the kitchen drinking whisky and smoking a eig
On the part of the defence the violence of the.N,
goner was not disputed, and no witnesses were call_euss
except as to his previous good character, but it,vidce.
sought to show by the cross-examination of the P°'„,it.
constable who took him in charge, and of two "b 1
nesses whose attention was attracted to the scea°lB
the cries of the prosecntrix, that the prisoner
time was in a state of extreme and helpless dl.qt'ely
ness, and though proof of this was not coflnfloVin.
established, it was elicited that he was a man,fith3t
temperate habits' and that on the morning " erry
very day he had been drinking freely both of B,he
and whisky'. It also came out iu the evidence of 101,
police.constable who apprehended him, that leo
being charged with the offence, he replied in t'a to
words, "The intention was fatal to those who. trie
murder me." f
Mr. Powell addressed the jury on behalf 0-ty
prisoner in an earnest speech, urging upon thern
there was no evidence of any intent to murder n'ag
inflict grievous bodily harm, and that the circumstan topi
of the case were fairly such as would entitle the°
bring in a verdict of guilty of the lesser offence
unlawful wounding.
The learned Judge, in summing up the
there was another line of defence which it was -
the jury to consider, and that was whether.or
prisoner was insane at the time that he committe
assault. Looking at the language which had I
employed by the prisoner, it was impossible f°
there was no evidence of this, but before the, •
could find such a verdict they must be satisfieo
his mind • was so disordered by drink that he vy,
accountable for his actions in the sense that he low!
know the nature of the act he was committing. 0`
he did that it was wrong. Drunkenness in itself
excuse in the eye of the law, but if by habitual or
stant drink, the mind of a man became disorder
the sense that he had described, then the inBanitl
as complete as madness produced by any other '
His lordship then left it to the jury to say wh(
wounds which it was not disputed had been 1-
by the prisoner were inflicted with intent to Danl.'
to do grievous bodily harm, pointing out as to this
the law presumed a man to intend the natural '
quences of his own acts, and then left it to tht
decide which of the verdicts which it was open to
upon the indictment to give they would ultimatelY
The jury found the prisoner Guilty of to/
wounding. Sentence was deferred until the ft
day, when the prisoner was brought to the bar to
sentence.
The learned Judge, addressing the prisoner,'
case had been most carefully considered, and
the jury had not found that his mind was disordi
drink in the sense that he was insane, and, Of
unaccountable for his acts, any lesser
drunkenness could not he accepted as any exteal
of his offence. The sentence of the Court, th(
was that he be kept in penal servitude for the
five years.