The Express.
London, England, 1863-08-19 00:00:00

THE CHARGES OF INDECENT ASSAULT

AGAINST CLARKS:

William Henry Clarke, 17, painter, was indicted
yesterday at the Central Criminal Court for committing an
lack neat assault upon Mary Ann Baxter, for a like offence
upon the person of Sophia Allen, and for a third and siirSar
assault on the perms of a young girl named Lambert.
Mr. Clerk, speAilly retained on behalf of the government,
sanded by lfr. Orndge, appeared to support the prose
cuticle ; Mr. Dickie defended the prisoner.
The court wee densely crowded daring the hearing of the
trial, and the utmost interest was manifeeted in the pro-
ceedings. It will be fresh in the recollection of our readers
that the prisoner was first arraigned at the Clerkenwell
Polioe.conrt on the charge of murdering a little girl named
Elisabeth Hunter, whose remains were found in • nursery-
ground at Horton • abort time ago, but the case being one
of very great suspicion only, that charge was abandoned
and the present one brought forward.
. • . .

The whole case having been so recently and so fully re-
poi,ed, it will be unnecessary again to give the evidence in
detail, as the face of the case will he found full nanatrd
in the opening speech of the learned for the
prosecntioa.
Hr. Clerk, in his opening, said that though the case aa
read from the indictment did not appear to be so senors as
some which bed been tried before it this sessior, yet it
would be found to be the most important of any which
has as yet been brought before them. In each cue the
prosecutors were little girls, all under the age of ten when
the offences were committed; and by the indecent conduct
of the prisoner towards them, he was guilty of a crime
which might have the effect of ruining these young children
for life by corrupting and tainting their whole existence.
For certain reasons be (the learned counsel) would not
refer to the charge out of which the present ease arose,
as by so doing he might infuse a certain amount of animus
into the minds of the jury, which he was most desirous of
avoiding. The first charge to which he would refer oc-
curred some considerable time beck, and was one of indo-
rse,: assault upon a young girl named Mary Ann Baxter,
who was only shout nine yeses of age when the occurrence
took place. About the end of September, 1861, she was
going down • street in Heaton, when the prisoner met
her, and asked her to take • letter to Williametreet, in
which is situated the nursery-grounds where the pries:ear
was employed. He then took her by the hand, telling her
that he would get her the lette-, and lcd her through the
nurse'-gronod to the tool-house at the bottom of the
garden, where he wan guilty of very indecent conduct. lie
took her on his knee and put his hand up her clothe',
when the child screamed out. He gave her • foe'-penny-
piece, but she threw it down, and cried to go home. He then
took her to • place where glass was kept, and tied a hand-
kerchief over her mouth, and told her if she surnamed out
he would murder her. He continued to keep her some
time longer, when be let her go, and she ran home and told
her mother what bad occurred. The latter afterwards went
to Mr. Roe, and the child at once pointed out the prisoner
as the man who assaulted her. At first he denied all
knowledge of the child. but afterwards, under a promise, he
made • statement to his muter which he (the latter) took
down in writing. All this occurred as long ago as Sep-
tember, 1861, but it was not the only case where the pn-
, goner had been guilty of the kind of seeded ; for some
lame in the January following he met a little girl named
Mary Anne Lambert, not more than eight years old, and
to her he made exactly the same proposal as he had done
to the other girl, telling her he would give her a penny to
take the letter. He did not, however, give her • letter,
but took her by the hand to the nursery grounds, and when
in the glue-holm told her to lie down, bat she said she
would not, "as her mother had told her not to dirt her
frock." The prisoner then took his coat off, and
forced the poor child to lie upon it, and then in spite of her
screams be behaved in • most indecent manner towards
her. They could not tall what had been done to the poor
little them ; but when examined by • surgeon she was found
to be very much injured. This same little girl bad aster-
wards identified him from • number of other men as the
person who had simeulted her. Besides these two eases there
was a third charge spinet him. This time the little ski,
named Allen, was walking along Bishosegate-street, when
the prisoner accosted her, got into converiatiou with her,and
ultimately took bee into an ice shop, when he took her on
his knee, and pot hie hand up her clothes till she screamed
out and ran away. The whole of theee cases would be die-
tinetly proved before them, and it was by order of the
government that he was there that day, as it was a cruel and
a monstrous thing that any man or lad should act in such •
corrupt and debasing manner towards poor little children,
who were quite unable to protect themselves.
A large number of witnesses were called to prove the
.tatement of the learned counsel, after which
Mr. Diokie addressed the jury on behalf of the
contending that the children were all mistaken with
to identity, as he bad several witnesses who would prove an
alibi on two out of the three occasions referred to. At first
the prisoner had been suspected of mutder, and the govern-
ment had prosecuted; bet finding that that charge had
failed they bad raked up all the evidence they could pos.
Ably scrape together to try and convict the prisoner on
these paltry charges. He did not think the government
stood in any very enviable light in thus prosecuting a poor
Wherries, boy, who had already suffered a long imprison-
ment, and who unfortunately happened to resemble some
other person, for whom he had been mistaken.
A number of witnesses were called, who gave evidence
to the effect that the prisoner was with them and in their
homes on two of the occuiens referred to in the evidence,
and that he could not possibly have been in the green-house
and committed the assaults imputed to him.
Mr. Clark thee replied upon the whole case. With regard to
the alibi, it was but sitars' that friends and relations should
try to screen the young man at the bar. It was a most
difhoult thing to prove an alibi to the satisfaction of • jury
so long a time after the seesults took place.
The Common Serjeant then summed up the whole of the
evidence, putting the points with great clearness before the
jert,6trAing them they must not be prejudiced spied the
prisoner because he was firstapprehended upon • more serious
°huge, but must look at the cane as it stood before them
according to the evidence. With regard to the conduct of
the government, he thought it had been very fair through-
ons the whole proceedings.
The jury then retired, and in a few minutes returned into
court with a verdict of Guilty on the two first mune.
The Common Serjeant, addressing the premier, said he
bad been convicted after • most patient hearing, and he
certainly concurred in the verdict. His conduct throughout
had been mod infamous, and there was only one thing
which could be said in palliation, and that was his youth.
The Common Serjeent then sentenced him to two rare
impreonment with bard labour.
The prisoner in the most cool manner in the world then
asked whether he might be allowed to see his legal adviser,
to see what steps could be taken on his behalf, as he was
quite innocent.
The Common fferjeant said he had nothing to do with
I that.

BOARD Or TRADI, winrawALL, Avower 17.
The Right Hoe. the Lords of the Committee of Privy
Council for Trade have received from the Secretary of State
for Foreign Affairs a translation of a decree of the Chili=
government, fixing as follows the charges to be levied for
the acreage of merchandise, and which has been forwarded
by bet Majesty's charge d'affairee at Santiago. The duty
of stowage to be levied, swordiog to the 2nd art. of the
law of December 24, 1856, for each month of deposit upon
packages of merchandise, subject to weight, size, and space,
shall be levied from the Ist of January, 186 , %lode, the
following weights and measures. The merchandise, sub-
ject to weight, shall pay 2 cents for 46 kilogrammes. The
of merchandise subject to measurement shall pa
package
to 67 decimetres cubic 14 cents; from 57 to 113
decimetres cubic 3 cents ; from 113 to 227 decimetres cubic
6 mite ; from 227 to 240 decimetres cubic 9 ants ; from
240 to 453 dfoimetrea cubic 12 wino ; from 453 to 666
decimetres cubic 15 assts. Those packages which may
wooed 566 cubic decimetres shall pay date aooording to
the foregoing proposition. Packages of space for liquids is
vessels not under four litres shall pay ow-third of a coot
for every three litres Norway-eight centilitres 3 78-100.
Gazette.