The Express.
London, England, 1862-09-09 00:00:00

ALLEGED ourimez ON A YOUNG LADY.
At the Petty Sessions, West Bromwich, on
Saturday, Major well and Mr. W. Sharp being the pre-
siding magistrates, William Henry Paine, • respectable-
looking young man, residing at the Lasalle, the soy of •
farmer in Suffolk, who rents between 200 and 400 acres of
land from Sir Charles lianbury, was placed in the dock,
charged with committing a rape upon the person of Ellen
Mary Bagoall, aged 20 years, dressmaker, of Perry Bar.
Mr. J. T. Bayley, of Weduesbury, having briefly stated
the facts upon which the charge was founded, called
the prosecutriz, Ellen Mary &gull, a modest, genteel-
looking girl, who seemed very ill, and was accommo-
dated with a chair during the proceedings. She
said—l have known the prisoner twelve months
last Christmas. last Monday evening I had been to Mr.
Barrett's surgery for some physic for my mother, and in
returning had to pus the house where the prisoner
at the top of Chain-walk, in the Lozelle-road. I Batt:
talking. to a young man, and when I came up he wished him
good night, and joined me. We went together down the
Heathfield-road, and along the Westminster-road to Holler-
ton Smith's mill, when I said, " Let us go back, or we shall
be sure to meet my sister." I also rid, "Itis so late, I dare
not go back all the way round by the road ; let us go the
nearest way across the fields." As we were walking along I
told him that my mother said I must give him up, when he
bit his lips sod seemed vexed, and said, " It appears to me .
you want to shuffle," and I said, "You may think what
you like. There is • widower lives in a house across thus .
fields, and he has spoken to me." He asked me what he
said, and what he was. I told him be was an independent .
man, and he did not say much to me. He made no
remark to this, and I said, " We have last the footpath ;
let us make for it." I was then on bin right hand, mid he
took hold of me, and I thought he was gomg to pretend to
push me in the dirt, when he clasped me tight, put his I
mouth upon mine so as to prevent my shouting, pushed
me down on the bank, and fell on me. The witnese
then • detailed the nature of the aseault, which was
of • brutal character, and continued: I streaks:l I
with him, and tried to push him off, and struck him
with my left hand, my right arm being pressed by his
body across mine, so that 1 could not use it. As soon as
I escaped from him I rid, " You brute, what have you
done' I shall tell the first lemon I meet." He said,
"Not you." We met • man about thirty yards off ; but
he looked so rough that I did not speak to Wm. He said,
"Hallo, what's the matter?" and the prisoner said,
" We've lost our path." He followed me nearly bane,
and asked me to forgive him, but I said, " No." As
soon as I got into the house I told my mother what had
imflr. enro.tte

the witness without shah-

ing her evidence. ---
Mrs. Bagnall, the mother, said—My daughter came into
the house on the evening in question in • very excited
state, and I asked her what was the matter, when she came
across the room and fell at my feet, and told me what had
occurred. I immediately sent for police-constable Davies,
who arrested the prisoner on the following day, and brought
him to ray house. When I charged him with committing
a rape upon my daughter he stood for a moment, and said
" I've not hurt your daughter ;" and I said, " You have ;
she was a virtuous, good girl ;" and be replied, "I've not
done anything criminaL"
Mr. Alfred Barrett, surgeon, of Great Hampton-row,
said he examined the prosecutrix on the following day.
There was a bruise on the right side of the right breast, and
also • discolouration on the right thigh, and another a little
above the left knee. The witness then detailed inch evi-
dence as left no doubt of the nature of the assault.

Mr. Motteram, for the prisoner, pleaded not guilty, and
called a witness, named George Pendroy, who deposed that
be was a farm labourer, and on the night in question saw
the prisoner and a young lady, whom he believed to be the
prosecutrix, pass him at about half-past 9 o'clock in the
evening, as he was watching in the field. They turned out
of the foothpatb under • hedge, where he lost sight of
them for • quarter of an hour, until they came over a
bank together, when be asked them where they were going
to, and also for something to drink. The prisoner gave
him lid., and said he thought there was a road across the
field.

Mr. Greenway, merchant, of Principetreet, who gave the
Prisoner the highest character, said he believed him quite
incapable of doing such an action, and stated that he had
been apprenticed to him, and also that he was now in his
office.

Mr. Thorneyeroft, farmer, Harborne, and other wit-
nesses, gave testimony to the prisoner's hitherto irreproach-
able character.

The magistrates having retired with their clerk to con-
sult, after the lapse of a short time returned, and, amid
breathless silence in the court, Mr. Sharp said, that though
there had been such a defence made as they very rarely
beard, and one that almost tempted them to forget the
evidence, which they must say was not rebutted or contra-
dicted, they felt it to be their painful duty to commit the
prisoner to take his trial at the nest assizes. In conse-
quence of his previous good character, the magistrates con-
sented to take bail, himself in 1,000/., and two sureties in
5001. each. Mr. Greenway and Mr. Harrison gave the bail
required.