The Sun.
London, England, 1862-05-15 00:00:00

CENTRAL CRIMINAL COURT.—May 14.

-t-- --•

OLD COURT.

Jeremiah Whaley, a genteel-looking young I
man, was charged with a felonious assault upon
Anne Elizabeth Richardson.
Mr. Sleigh conducted the prosecution. The pri-
soner was undefended by counsel.
The prosecutrix in this case was a respectable
young woman, residing with her mother in Shaftes-
bury-place, Aldersgate-street, and the prisoner
lodged in the same house. It appeared that on the
night when the offence was alleged to have been
committed the mother of the prosecutrix was out,
and the latter left her bedroom door unlocked, so
that she might come in when she returned home.
The prisoner returned about twelve o'clock, and,
according to the evidence of the prosecutrix, he
entered her room, and she was awoke by his
committing the offence imputed to him ;
and she swore distinctly that what took
place was without her consent and against her
will, and her evidence in this respect was mate-
rially confirmed by that of Mr. Childs, the surgeon,
and a lodger in the adjoining room, who proved
that she heard the prosecutrix scream and call for
assistance at the time the prisoner was acting in
the manner described. There was this peculiarity
in the case, that it transpired in the course of the
inquiry that the prisoner had been courting the
mother of the prosecutrix, and that he had offered
her marriage, and although the idea of a marriage
between them had been abandoned, still they were
upon very friendly terms, and the prisoner and the
mother had been in company together on the night
the offence was committed, and she had requested
him to tell her daughter, when he got home, that
it was not her intention to return that evening.
A witness was called who, upon getting into the
box, protested against being compelled to give evi-
dence, because, he said, he disapproved altogether
of the principle upon which the English law was
administered ; and said that, in his opinion, it was
vindictive, and he objected to assisting in any way
to carry it out.
Mr. Justice Willes told the witness that he could
not enter into a discussion with him upon the sub-
ject of the law. It was his duty to be sworn and
give his evidence.
The witness appeared very anxious to make a
speech and detail the grounds upon which he ob-
jected to assist in the administration of the law ; but
Mr. Sleigh interposed, and said that he thought
he could do without the testimony of the witness.
Mr. Justice Willes said that probably the jury
would be of the same opinion.
This observation of the learned Judge appeared to
give great offence to the person to whom it referred,
and he declared, in a very angry tone, that he had
been insulted by his lordship, and he insisted upon
his offering him an apology. (A laugh.) He added
that he considered his lordship had been very rude
in making the observation he had done.
The learned Judge ordered him to stand down,
but the prisoner said ho should like to put a few
questions to him, and he then consented to be sworn
and give his evidence ; saying, however, that it must
be understood that he did so " under protest."
The prisoner then put some questions to the wit-
ness, but he did not elicit anything from him that
was material to his defence. . .

In answer to the charge, the prisoner said that he
had been out drinking with the mother of the pro-
secutrix on the night the affair took place, and it
was at her request that he saw her daughter when
he went home. He asserted that he was entirely
innocent of the crime of which he was accused, and
declared that it had been trumped up by the mother
and the daughter, out of revenge at his marriage
with the former being broken off.
The jury, after a short consultation, found the
prisoner guilty, but recommended him to mercy.
They did not assign any ground for the recommen-
dation, and were not asked to do so.
Mr:Justice Willes sentenced the prisoner to four
years' penal servitude.