The Sun.
London, England, 1863-07-31 00:00:00

urination,

Mr. Clarke, addressing the Court, said he had the honour
to be instructed by the solicitor to the Treasury. He had
to state that as the case now stood, and with reference to
the evidence of the little girl, sister of the deceased, it was
not the intention of the Crown to proceed further against
the prisoner upon the charge of murder. The evidence
at present given was not sufficient to entitle them to ask for
a committal. The police had no further evidence to justify
them in asking for a remand, nor did there appear to be any
prospect of obtaining further evidence to substantiate the
charge. But, in withdrawing this charge he had to submit
to them other charges shoeing that on three occasions the
prisoner had beeu guilty of indecent conduct towards chit
dren of a your htul age. One of ihe,e cases was that of his
conduc. towards a girl named Mary Ann Baxter, towards
whom he behaved ind-cently in the greenhouse. No com-
plaint was made by the mother to bring the prisoner to jus-
tice, but upon Itc ve, the prisoner's master, having a com-
munication w(th the prisoner, the latter made a confession,
and nothing further wag, done, That was one of the charges
he had been directed to bring under the magistrate's cunsi
deration. Another charge he had to press, but he sh•,uld
not be in a position to proceed with it that day. It was that
of a girl named Lambert, residing at 9, Oxford. street, New
N.:irth-road He mentioned this circumstance that it might
be known that this chat ge would also be included in the
indictment which would be prererred against the prisoner.
It was a charge similar to the previous one, with the excep-
tion that he asked this child to take a letter for him, and
took her to a nursery-grou .d in Marlborough-road (in-
stead of William-street) which was also in the occupa-

tion of Rowe, and the prisoner on that occasion endea-
voured to commit an indecent assault. He was taken into
custody, but the charge was not pressed, as the father of
the child had a reluctance to do so. The third charge was
,no of more recent date. He was instruc ed that in May of
the present year the prisoner took a child nam d Sophia
Quin to a shop, put her upon his knee, and was guilty of
some indecency towards her. She screamed and ran away.
This case would depend upon the girl identifying the pri-
soner. These were the charges which he brought under tne
notice of the magistrate, in order that the prisoner might be
committed for trial.

Mary Ann Baxter said—l am 12 years of age. Igo to
school on a .unday. I reside at 3, Concord-buildings,
Lower-road, and have done so for some years. One night,
at about a quarter to 10, I was going with a little girl to get
some beer at the George IV. publichouse,when the prisoner
said to me, " Little girl, will you take a letter t 19,Williata-
sireet ?" I said I would. I Ras then in George-street,
which is the first turning on the left from William-street.
He did not give me a letter. He took hold of my hand, and
walked by my side. He took me into the nursery gardens.
The nursery gardens open into William-street. When there
he took me into a room and locked the door. I think the
door was unlocked when he went there, He then made use
of a bad expression, and I screamed and halloaed, and he
said if I was not quiet he would cut my throat. I still
continued calling out, and he took me into another room,
which was all glass. He got a handkerchief with black
and white spots, but I do not know what he was going to
do with it He put it over my tee-, and I pushed it away.
I still continued caring out, and he said if I made less noise
he would let me out. At first he said would give me Id.
He offered it to me when he got into the first room, but I
would not take it. After that he offered me a 4d. bit, which
I threw on the floor. (The witness explained that he wanted
to take improper liberties with her, as he had done in the
first room.) It was then (she added) that he offered me the
4d. piece. I screamed, and hall ,aed for him to let me out,
He unlocked the door, and I went out. I went up the gar-
den, and he came up the garden and let me into the street.
I went home and told my mother what had occurred.
Louisa, toe other girl, went home when I went into the
garden.
Cross-examined by Mr. Dickie—He did not put his hand
above my knee. He did not burt me. Ido not remember
the dress he had on. I next saw him about six weeks atter-
wards. I remembered hire because of his Lace. I then told
my sister of what had occurred.
Mrs. Caroline Ann Baxter said—l am a widow and a
charwoman. The previous witness lives with me. I recol-
lect she made a complaint to me sometime in October, 1861.
She told me where she had been, and said that a young man
had behaved indecently towards her.
Mr. Alexander (second clerk)--I cannot take that. It is
not evidence.
Mr. Ciarke, as counsel for the Crown—l think it
Witness continued—ln consequence of that I went to the
house in William .street. Some days after I saw Mr. Rowe
in the nursery gardens. I made a complaint to him. I '3aw
the prisoner close against Mr. Rowe in the garden. He was
near enough to hear the complaint I made; I asked how it
was that that young man took the child down the garden,
and what he wanted to do with her. Mr. Rowe said, " I
don't think he is guilty." He asked the prisoner some ques-
tions, and said to him, " Have you done such a thing ?" and
the defendant said, " No." I had asked Mr. Rowe in the
prisoner's presence how be dared to take the liberty of tak-
ing my daughter down the garden and using her in that
shameful manner. I did not charge the prisoner with any-
thing, as he had not hurt the child. The child was at my
elbow, Mr. Rowe wrote down what my daughter said, and
what he said, but Ido not recollect what it was. I went
away and left the prisoner with Mr. Rowe in the garden.
Cross-examined—lt was five or six days after my daugh-
ter complained to me that I saw the prisoner.
A witness named Curzon proved that he went with the
last witness to the nu. sery-ground.
Mr. George Rowe, of 38, Sherborne street, Downham-
road, said—ln October, 1851, I occupied a nursery ground
in William-street. The defendant was then in my service.
I recollect Mrs. Baxter and Mr. Curzon coming to nay
garden on the 9th of October The defendant was there
when they came, He was there when complaint was made
to me of his conduct towards the child. The following
statement I wrote in the presence of the prisoner :—" Wed-
nesday, 9th of October.—William took the child into the
seed shop and locked the door and opened the greenhouse
door, and took her in there, and put his handkerchief against
her month. She called out. Then he opened the door and
took her up to the street door, let her out, and she ran
away. William saw her first at the corner of George-sirett
and asked her to take a letter to 19, William-street, to the
nursery. Louisa Peterwood was with her, and saw him
and told her mother of it, who lives at 23, Rotherfield-street:
I went on after him, and he said Come along.' He did not
give me a letter. On reaching. the garden he opened the
door, and I went away down after hirn." That was not the
first I heard of the transaction, for Mr. Curzon told me of it
the following day have repeatedly spoken to the prisoner
about it. I said to I.im that he had been charged with taking
a little girl into the g, eenhouse, but he most solemnly denied
it, and called God to witness that he was innocent. - On the
9 h of Oct her, after the mother of the little girl had been
there, I told hint I should take him up to the mother of the
little girl mentioned in the paper, and it he was identified
I should hand him over to the police. I also told him the
mother of the child had said that if he confessed she would
not press the charge. After that he did confess.
cross-examined—I have understood that all he did was
to put his handkerchief over her mouth.
Mr. Clarke said that was the case for the prosecution on

this charge.
Mr. Dickie said that a great deal of extraneous matter
had been imported into this case, through the inquiry at
the Coroner's Court. He felt certain that the jury would
acquit the prisoner of a criminal assault, and he asked the
magistrate t grant a discharge.
Mr. Barker said it was a case he should not think of
withdrawing from a jury.
Sophia Alh,n, aged 8, said—A short time ago I was in
Bishopsgate-street It was in last May, on a Saturday, just
when the lamps were lit at night, I was going home from

following the chimney sweepers, who were dressed up at
the time. In Bishorsgate-street a man spoke to me.
s,w the prisoner, and picked him out from among a number
of other men as the man that sp ke to me. He asked me if
that was Bishops ;ate-street, and I said, " Yes." He asked
me other questions, and theu took me to a iced cream shop.
He held my hand, and walked with me to the shop He had
an ice, and gave me a spoonful of it. He put me on his
knee, and I was sitting there when he gave me the ice.
[The witness then described the indecent and improper
liberties taken by the prisoner.] She added—l kicked and
screamed, and ran away, leaving him in the shop. He did
not hurt me.

In cross-examination the witness said—There were no
other persons in the shop but ourselves and the men that
served. I complained to my mother when I went home.
I had never seen him before that night.
Police-sergeant Robert Adams, 63 City Police, said— I
know the ice shop spoken 4. I heard of this affair on the
2d of May, a complaint being made by the fattier at the
station. On the 24th July the prisoner was placed among
several others at the Islington Police-station. The prisoner
was not pointed out to the witness. inspector Wiseman
said, "Do you see anybody here that you know ?" At that
time she had her eye en the prisoner, and she said " No."
She afterwards said that the prisoner was the man, and
pointed him out.

Cross-examined—The master of the shop did not recog-
nise the prisoner.
The prisoner said he thought it was very hard that he
should be committed on this charge, as he could prove that
on the day named he was at another place from 10 o'clock
in the morning until 10 o'clock at night.
Dickie said that under those circumstances he should
ask for an adjournment. He thought that every leniency
sb uld be shown to the prisoner, who had been charged
with the commission of a most dreadful crime, and that
without the slightest tittle of evidence to support the alle-
gation.

Mr. Barker said that, whatever evidence might be ad-
duced, he should feet it his duty to send the case for the
coosideratiou of a jury.
Mr. Dickie said that as the prosecution which was taken
up by the Government had failed, he hoped that the magis-
trate would take bail. No jury would convict, for it must
be evident to every one that, had not the prisoner been