The Sun.
London, England, 1854-09-29 00:00:00

HAVERFORD WEST PETTY SESSIONS.

A ROMAN CATHOLIC PRIEST CHARGED
WITH COMMITTING A RAPE.- •
The magistrates present were the Rev. Thomas Mar-
tin, J. L. Morgan (who left before the close of-the pro-
eqedings), James Owen, James Higgon, and John Hig-
gon, Esqrs.
Rev. Patrick Kelly, Roman Catholic priest, stationed
at Milford, was charged with having committed a rape
on the person of Mary Sullivan, a girl about fourteen
years of age.
Mr. J. Lloyd appeared for the complainant, and Mr.
J. E. Evans for the defendant.
Mary Sullivan deposed—l was fourteen years of age
last March, and live with my father, Patrick Sullivan, a
marine store dealer at Milford. I know the Rev.
Patrick Kelly, in whose service I was occasionally for
about four months. I remember Thursday, the 14th
instant. J. was, about five minutes past six o'clock on
that evening, in Mrs. Stribling's back place, where Mr.
Lloyd used to keep a school. At my father's house in
the evening I saw defendant. He said "Oh Mary, you
are the person I want." I said perhaps one of my brothers
will do, as I am very busy, and Mrs. George wants me.
He said " No, nobody but you." He looked at his watch
and said it was six o'clock. My father asked what time I
should go down, and he said in five minutes, and Mr.
Kelly told me to be sure not to go to Mrs. Seribling'e
front door, as she did not like Irish people to go to her
front door. I went down to the back door in five mi-
nutes afterwards, and Mr. Kelly waS standing there
and let me in, and bolted the door as soon as I was
in. There was another door in another part of the
passage, which he also fastened. He then went into
the vestry-room of the Roman Catholic chapel from
the passage and called me in. He had a bottle in
his hand, and he said, come in for the bottle. It was
a large bottle. I had been in the habit of fetching things I
in bottles for him. I went to take the bottle and he '
laid hold of me by the hand. I pulled my hand loose,
and I went to run through the passage and he ran after
me before I could have time to go down into the pas-
sage. The room was up two steps, and before I could
get down he pulled me back by the frock and I fell down.
I gave that frock to Mr. Kelly, the police superinten-
dent. This frock produced is the one I then wore.
Afterwards I took the skirt off intending to put it to
another body—this rent was. done at tliat time. When
he pulled me I fell back on a mat. I had just got to
one step. I fell to the ground. (The witness here gave
evidence which distinctly proved the commission of the
capital offence,but which is altogether unfit forpublica-
tion.) I can't tell how long I was down, but when I woke I
found him standing near me. He again attempted to lay
hold of me. I then pulled myself away from him, and the
sleeve of his coatrubbcd against the wall, and he said, "The
devil fire you wherever you go." I then took the bot-
tle, and he opened the door and asked me to shake hands
with him: I said, " No, you can only give your bene-
diction." He said, "Oh, puff, that's like a breeze of wind
blown away." He said, "You know well I did not mean
it." I said, " I dare say what you say you mean," and
the door was opened, and I then went away with the
bottle for the whisky. I called into a house, Mrs. Sut-
ton's, in the back street, and called her daughter,
Ellen .111`Carty, and told her everything that he did
to me, but I did not tell her that he did anything
improper to me. (The complainant here repeated all
the statements which she made to Ellen M`Carty,
and which she had already given to the court, save
that she did not state to her the commission of the capi-
tal offence.) When I left Ellen M'Carty I went for the
whisky t.) Mrs. Davies's. I then was going to take it
to my house, in order that one of my brothers might
take it up, but before I got home the priest met me
and took it from me and put it in his pocket, and he
told me to go down to Mr. Witcher, or any shop I
liked, and see the price of the prints, and come to him
on Saturday evening at six o'clock, and he would
give me money to buy a dress. I then went to
my work, and never said anything to him. When
I told Ellen l'irCarty, Mrs. Sutton was not present,
,but she asked me should she tell her, and I said
yes, and she told Mrs. Sutton in my presence what I
had told her. I returned from work to my father's
house about nine o'clock. Father and mother were in,
but I did not say anything to him then, but father was
going out and I went out with him, and he asked ins
about it, and I told my father all. As soon as I sat
down father called me out and I told him everything. I
then went up stairs and in about an hour mother called
me down, and I told her all. Mr. Heslop examined me
on the Monday following. Nothing happened to me
between the Thursday and Monday.
Mr. Luke C. Heslop—l am a surgeon, residing in
Haverford-west. I examined the person of Mary Sulli-
van on Monday last. I examined her professionally.
[This witness gave evidence which proved that there had
been a violation of the person, but stated that these ap-
pearances would have been shown even bad the girl
been a consenting party. The evidence, however, is
unfit for publication.]
Mr. Evans replied to the evidence in a speech, the
intention of which was to throw a doubt upon the pro-
secutor's evidence.
The prisbner was asked if he had anything to say.
He pleaded not guilty.
The Rev. James Kenny was called, but did not ap•
pear, as was also another party.
Mr. Superintendent Kelly stated that he was unable
to effect a service of the summons upon these witnesses.
Mary Stribling, the landlady of Mr. Kelly, gave evi-
dence as to the position of the chapel and her kitchen,
and stated that on the evening in question, she did not
hear the noise of any scuffle in her back premises.
On her cross-examination by Mr. Lloyd, she positively
swore that Mr. Kelly came into the house a little before
6 o'clock, and went directly up to his room, took his tea,
and did not leave his room till about 7 o'clock. He did
not go back to the chapel, or to the vestry-room.
Mr. J. D. Brown, surgeon, deposed that be examined
the girl on Wednesday morning last, and swore that
there was no recent rupture. Mreßrown's medical evi-
dence, like Mr. Heslop's, is unfit for publication.
Mr. Charles .Deazley (examined as to the character of
the complainant)—Swore that during the time she was
in his employ, he had reason to complain of her fre-
quently, and to doubt her veracity. A great part of
this witness's evidence was objected to by the magistrates
because of its irrelevancy.
Mary John, the servant of Mrs. Stribling, merely cor-
roborated her mistress's evidence, save that she swore
that Mr. Kelly came in to tea at 7 o'clock and not at 6
o'ciock.
Mr. Lloyd partially recapitulated the evidence for the
Crown, and attempted to show that all the evidence that
could corroborate the complainant's charge had been
given ; that immediately upon leaving the house she had
stated to Ellen M`Carty sufficient to prove that some
improper act had been committed by the defendant, and
closed his address bie maintaining that the case ought to
be sent to the jury.
Mr. Kelly desired to be heard in consequence of some
imputations which had fallen from the opposite attorney,
and also to call attention to the discrepancy of time in
the statements of the complainant and Ellen M`Carty.
The Bench decided, however, but with evident reluc-
tance, that he could not be heard personally, as he had
been heard by his attorney.
The magistrates were divided in their opinion. Mr.
Martin and Mr. Owen were for sending the cies° to a
jury, and Mr. James Higgon and Mr. John Higgon
were for an acquittal.
Mr. Evans contended that, as the bench was thus
equally divided, his client was entitled to an acquittal.
Mr. Lloyd, on the contrary, maintained that as two
magistrates were for a committal, the case ought to go
the jury.
The magistrates having come to no decision, the de-
fendant was permitted to go free.

EXPORTATION OF SUGAR FROM TRIESTE TO ENGLAND
—TRIESTE, Sept. 20.—The Trieste Gazette says :—" We
alluded recently to the considerable decrease in the sugar
trade of our town. We just learn a fact that confirms
our words. A house in this city, that has carried on for
years the largest business in raw sugars, but which was
fully prepared for a further diminution this year of its
usual supplies from transatlantic countries, sees, not-
withstanding this, no possibility of finding a market
here for the sugar on hand, and is consequently shipping
stock to London. For th's purpose the house in ques-
tion has already chartered two ships, the Austrian Aureo
and the English Sarepta. Shipping raw sugar at Trieste
for England is a perfectly new event in the annals of
trade."

"ONE MAN, IN HIS TIME, PLAYS MANY PARTS."—
At the Town-ball, Leicester, on Monday last, on the
conclusion of business, an aged but intelligent-looking
negro presented himself before the Bench, and handed
to the magistrates a memorial, which told the following
tale :—He was stolen at the age of eleven years, taken
by the slave traders to the West India islands, and sold
in the slave market at Tobago. He was there bought
by a gentleman and "given " to the Rev. T. Fancourt,
who brought him to England, as a servant, in the year
1800. He received the name of Joseph Cooper, and
was for some time foot-boy to the late Mr. Buxton, of
Danett's Hall, Leicester. 'When his services were no
longer required in this capacity, he enlisted in the Rut-
land Militia, from which regiment he volunteered into
the regulars, and served in H.M. 69th Foot about seven
years. This sable soldier was present at several engage-
ments ' • amongst others, the battle of Waterloo, and re-
ceived hie discharge in the April following that action,
when he returned to Leicester, and obtained employ-
ment in the trimming and dyeing business under the late
John Moore, Esq., for whom he worked 23 years ; and
he had since been employed by other masters in the same
business.

PROTECTIpN OF TRADE MARKS.— Hitherto an enor-
mous amount of fraud has been perpetrated in various
parts of the 'world, and more especially in the British
colonies, by the piracy on the part of unprincipled per-
sons of the private marks of houses of established repu-
tation and success. Our attention has been called to a
plan which Mr. Hibbert, the barrister, has propounded,
and which seems calculated, to meet the evil. Mr. Hibbert
proposes the establishment of a Central Registry of Trade
Marks, wheie any person will be enabled, on the pay-
ment of a fee, to procure the registration of his peculiar
trade mark or symbol in the register book, the office
giving him a certificate of the registration ; and on this
document it is proposed to have a marginal emblazon-
ment of the certified mark or symbol, corresponding with
that in the registrar's office. Any person procuring such
a certificate is to have an absolute property in the certi-
fied mark or symbol for 20 years, which may be re-
newed by himself or his representatives at the expiration
of that time. " The holder of the certificate to have
the right•of procuring summarily and ex parte from any
County Court in England, or any court of corresponding
jurisdiction in Ireland or Scotland, or any court of
civil jurisdiction in any of her Majesty's colonies and
cleporoleneie, a. prohibitory order or inhibition to pro
vent the piracy of his marks—the pi:ualty fee any breach
of such order or inhibition to be imprisonment, as in the
case of an injunction now granted by the Court of Chan-
cery."--Liverpoo4 Cltronick.

ST OR TING INTELLIGENCE.

__ZTWMARKET FIRST OCTOBER MEETING.

BETTING WEDNESDAY NIGHT.

Scarcely anything was done to warrant a quotation.
Muscovite continued firm for the Cesarewitch at 13 to
2, and 25 to 1 was taken to a small sum about Poodle ;
400 to 8 betted against Ethelwolf, 500 even on Poodle
against Ptolemy, and even money laid that both run.
Alembic was backed for 50/. for the Cambridgeshire at
16 to 1.