The Express.
London, England, 1866-07-12 00:00:00

ASSIZE INTELLIGENCE.

MIDLAND ClRCUlT.—Weivricx, JULY 11.
(Before Mr. Justice Mellor).
The crimilinl business of these assizes commenced yes-
terday (Wedneakty)utorniog at the Shire Hall, Warwick.
The calendar contains the names of 45 prisoners for trial.
During the day the grand jury returned a true bill against
eWarwick, 16, metal spinner, for the wilful murder
of John
otn Price, st Birmingham, on the Ist May. The trial
of the prisoner was fixed for this (Thursday) morning.
Mr. Adams. prosecutes, and Mr. Fitzjames Stephens de-
fends the prisoner.

OXFORD CIRCUIT.--Asixopox, JULY 11.
(Before Mr. Justice Shoe.)
OUTRAGI BT A WIDOWER ON A LADY AT READING.

Nerille Maskelyne Toomer, • widower, between 30 and
40 years, of gentlemanly appearance, was placed at the
bar, charged with committing a rape on Georgians Part-
ridge, at Rmding, on the 11th of June last.
Mr. Sawyer and Mr. R. Ibuington conducted the case
for the prosecution ; Mr. Huddleston, Q.C., with Mr. J.
0. Griffits, appeared for the defence.
The particulars of the case for the prosecution were the
following:—The prisoner, a widower occupying a good
position at Reading, engaged the prosecutrix (a young
lady 23 years of age, most respectably connected) as lady
housekeeper, in the month of May, representing to her
that he was an ironmonger, having one daughter, and that
he occasionally let apartments. Upon this understanding
prosecutrix enteredlus service, but she found that prisoner's
daughter was not at home, and also that no apartments
were let. On the evening of Wednesday, the fith of June,
the prisoner requested her to play the piano and sing,
which she did. This occurred in the dining.
room, and while she was performing prisoner drew down
the blinds of the two windows and closed the curtains.
In consequence of this proceeding prosecutrix rose from
the piano and walked to the door, but prisoner reached
the door first, and taking hold of prosecutrui forced her
on to the sofa, and raised her clothes. She resisted, but
prisoner continued the assault, and carried her into his
bedroom on the same floor. In the hope of releasing her-
self she told the prisoner one of her earrings had fallen
out, and he left the bedroom to look for it,
but locked the door, and on his return to the
room he took off her clothes and threw her
upon the bed, where he struggled with her for some hours,
but did not it appeared succeed in effecting his object.
In the morning she packed up her clothes, &c., intending
to leave for her home in Suffolk, when the prisoner used
various threats and pleas, and he also promised that if she
forgave himhe would never again assault her. She there-
upon consented to remain, and at his urgent request she
walked with him in the town on the Sunday evening follow-
ing. The servant in the house slept with her after the
assault on Wednesday night, but on Sunday night this
girl had a friend with her in the kitchen, _ and did
not go to bed at the same time as the „prose-
cutrix. Prosecutrix went to her bedroom, and left
her door unlocked, to allow the servant to enter when she
came to bed, but the girl went to a room on the floor
above, and sometime after prosecutrix had been in bed the
prisoner came up from his room, and waking his way to
that of the prosecutrix, got into bed with her. She imme-
diately ealledout and knocked at the wall, and gave as much
resistance as possible. Prisoner, however, committed a
rape upon her. Prosecutrix stated that she was afraid to
offers greater resistance than she did as 1611011er threatened
to choke her, and he also had a loaded revolver, which
was &forwards found by Mr. Purchase, the imperiuten-
dent of police at Heading, to be loaded and capped. In
the morning prisoner went out to his employment, and
immediately the prosecutrix heard the door close after him
she tolled the servant, and told her bow she had been
treated. The girl only laughed, and said she should not
have cared for prisoner. Prosecutrix then waited until a
woman came to the house for the week's washing,
and she told this person what had occurred, and
they went together to the police-station to give
information, and • warrant being obtained the prisoner
was apprehended. The servant heard prosecutrix call
out " Get off, you beast," as she was going up to bed on
the night of the 6th, and on the following Sunday
night she heard a knocking at the wall of the room where
prusecutrix slept. Sometime after she had gone to bed she
heard the prisoner's door open, after which there were foot-
steps up-stairs, and the prosecutrix's door was opened. She
also stated that when her master had le f ton the Mondayinorn-
ing prosecutrix called her into the room and told her of the
occurrence. Several articles of jewellery, which prosecutrix
wore on the occasion of the first assault, were broken while
prosecutrix offered resistance to the prisoner. The prose-
cutrix was nearly three hours under examination, and she
repeatedly stated that on each occasion of calling out for the
purpose of attracting the notice of the servant the priso-
ner put his hand over her mouth, and prevented her
being heard. She stated that on the 7th she
began writing a letter to her sister about this
matter, but was too unwell to finish it until the Friday
following, when she gave it to Elizabeth Gough, the ser-
vant, to post. Being a stranger in Reading, she did not
know to whom to complain, and was daily expecting her
father to arrive and take her away, she being under the
impression that she could not leave her situation until the
end of the month. As, however, she did not hear from
home, she took the steps which led to the apprehension of
the prisoner.
Elizabeth Gough, the servant, stated that though she
slept in the room adjoining that of Miss Partridge on the
night of the 11th of June, she only heard three knocks on
the wall, but no screaming. She denied having any letter
given to her by Miss Partridge to post.
Lucy Wakefield, a laundrywoman, stated that she saw
Miss partridge on Saturday, the 10th of June, and, refer-
ring to what she had heard bad taken place between her
and the prisoner on the previous Wednesday, she said,
" Are you going to leave !" She replied, " I don't intend
leaving Mr. Toomer union he pays me. If he gives me
20f. that will pay me."
Mr. Huddleston made an able address to the jury, and
contended that, though there bad been familiarities and
even gross immorality between the two parties, there was
nothing in the evidence to justify the charge of rape. The
discovery made by the female servant of Miss Partridge
and the prisoner having slept together on the Wednesday
night might have suggested the notion that she must do
something to save her honour, end thus the charge might
I have originated. The evidence of the prosecutrix, he sub-
, mined, was full of inconsistencies and contradictions, and
he proceeded to point them out. Up to the present time,
the prisoner had occupied a respectable position, and it
was altogether improbable that he would commit such an
act as vrould iuvolve him in utter ruin.

Mr. Justice Ghee summed up the evidence with gre►t
care and impartiality, occupying upwards of an hour.
The case excited intense interest from the respectable
connections of the accused, who resides in the country.
The jury deliberated for three hours, and not than
agreeing, were locked up at nine o'clock.

CENTRAL CRIMINAL COURT.

(Before Lord Chief Justice Cockburn.)

Margaret Baker was charged with the wilful murder of
her newly born illegitimate child, at Upper Tooting.
Mr. Lewis appeared for the prosecution ; and Mr. Ribton
for the defence.

The accused wu cook in the service of a gentleman at
Upper Tooting, and having been taken ill obtained leave
to go home for a day or two. Rumours became rife as to
the cause of prisoner's illness, and on her return she was
met by a constable, who on searching her box found in it
a smaller box, in which was the body of • newly-born
child with a piece of cord around its neck. The prisoner,
on its being proposed to search her box, said, "Is it said
that I have stolen something ? " but after the little box
appeared, she said, " That is, I suppose, what you have
come for." At the station she said, She would give all
the world to call back life again."
Mr. Ribton made an able address to the jury.
The jury retired shortly before three o'clock to consider
their verdict, and at sixo'cloek the Lord Chief Justice Cock-
burn vacated the bench, and intimated that be would re-
turn at twelve o'clock at night to take their verdict.
Soon after 9 o'clock, the jury, who had tot concurred
in their verdict, were removed from the usuaury room
to the open space which the Third Court afforded them,
and there they remained eloretted under the custody of
the officers of the court.

At a quarter past 12 o'clock, the Lord Chief Justice
Cockburn reappeared on the bench, and immtdlately the
jury were sent for.
In reply to the court the foreman stated that there wu
no possibility of their agreeing upon a verdict.
The Lord Chief duties remarking that, under these