The Sun.
London, England, 1846-12-14 00:00:00

GIRL.

659
",327
6,133

15,626

33,108
717
4,848

5,00 G

893
7,109
366

4,697

390
1,035
5,162

1, 32

555
4,367
4,742

This was an indictment at the instance of the church-
wardens of Paddington against the defendant, for in
decently assaulting a girl named Lyeia Crickmore, aed
13 years, last August, and with indecently exposing his
person in a public plane. The defendant had pleaded
not guilty.
The Attorney-General and Mr. Mills were for the
prosecution ; Sir F. Thesiger and Mr. Clarkion for the
defendant.

The ATTORNEY-GENERAL stated the case to the jury,
and instanced it as one of the most painful nature, but
there was one point of satisfaction in it, namely, that it
would not occupy long, as it would only be necessary to
call the girl herself, and a person who witnessed the
occurrence. The prosecution had been instituted by the
churchwardens of Paddington, by the advice of the magis-
trates of Marylebone. The defendant, John Watson, was a
retired tradesman of good circumstances, and was 60 years
of age. Between four and five o'clock in the afternoon of

the 24th of Dec., 1845, the girl was sent by her m'stress,
Mrs. Boreham, of Stanley-place, Paddington, which is
close to the Paddington churchyard, to fetch some eggs
and other articles. She had occasion to pass through i
path which intersects the churchyard, and which the
public are allowed to use during the day, but which is
closed at night. Here she was met by the defendant,
who induced her to leave the path by telling
her that he had something to give her. The
Learned Counsel then detailed the nature
of the offence, and proceeded to 'state that
the defendant desisted and ran away, on being alarmed
by the cry of the gravedigger, Barratt, and he, with Mr.
Hogg, the vestry-clerk, took both into custody. The
defendant, he said, had materially aggravated the offence
by having offered a large sum of money to the grave-
digger, who was a material witness against him, to keep
out of the way.
The girl was asked, in cross-examination, if familiari-
ties of an indecent nature had not occurred between her
and a lad aged 15, named Charles Fagg, who was intro-
' duced, and did not appear more than eight or ten years
old ?—(Some persons in the Court cried " Shame.")
The girl sobbed convulsively, and was removed. On
being placed again in the witness-box, the question was
repeated, but she remained silent.
The gravedigger was called and corroborated the
statement of the Learned Counsel, with respect to the
occurrence in the churchyard, but on being asked con-
cerning the offer of the defendant he equivocated, stating
that when he saw him he was drunk, and that ho could
not understand what he said, whereas he had furnished
the vestry•clerk with a full account of his interview with
him. His evidence was brought prematurely to a close,
on the understanding that the parish should prosecute
him. He stated, however, that the girl ran away when
he saw them, and that he ran after her, and took hold of
her.

The ATTORNEY-GENERAL admitted that the court
charging an indecent assault could not be sustained.
Sir FREDERICK THESIGER submitted that the other
counts charging the defendant with having indecently
exposed his person could not be sustained.
Lord DENMAN said he had a strong opinion on the
matter. He should not, therefore, stop the case, but
take the opinion of the jury upon it.
Sir F. THESICER then addressed the jury on behalf of
the defendant, and submitted that from the conduct of
the girl there was too much reason to believe that she
was a consenting party, and that the man was not be-
yond suspicion; that the churchyard was not a public
place, and that no indecent exposure had taken place.
The girl did not cry out, and ran away on being dis-
covered.

Lord DENMAN held, in summing up, that a church-
yard, or any other enclosed place was a public place, if
the eye of tEe public could penetrate into it. The pain-
ful scene they had witnessed showed, he thought, that
the girl's mind had been vitiated ; and there was too
much reason to believe that familiarities of the nature
pointed out had taken place between her and the boy.
The jury found the defendant guilty of the indecent
exposure.

COURT OF EXCHEQUER, Dec. 12.
WAULIFFE V. cocxritang.
In this case the jury, after an absense of two hours,
returned into court with a verdict for the plaintiff.—Da-
mages 401.
SDIMONDS V. MUNTZ, SPOONER, AND TWELVE OTHERS.
This was an action brought to recover a considerable
sum duo to the plaintiff for services rendered es a traffic-
taks,r upon the Southampton, Manchester, and Oxford
Junction Railway (a scheme which originated during
the late mania), and of which the defendants were mem-
bers of the managing committee.
Mr. Humfrey and Mr. Bagleer appeared for the
plaintiff, and Mr. Martin for the defendant.
The plaintiff in this case was, it appeared, employed
by the managing committee to take the traffic upon the
line above-named. The terms upon which the traffic
was to be taken were, that he was to receive 13/. per
mile. Of this sum, 5/. was to be paid upon
the commencement of the work, another 51. on the
delivery of the traffic tables, and a further and final sum
cf 51. upon the Bill passing the Committee of the House
of Commons. The line iu question was stated to be
about sixty miles in length, and consisted of two branches
—one from Andover to Ditlectt, and the other from
Andover to Swindon. The traffic tables were completed
by the plaintiff and his assistants within proper tame ;
the managing committee, prior to the completion and
delivery of the traffic tables, resolved upon abanduning
one portion of the projected l'ne, that between Andover
and Dideott, and in consequence of this resolution the
traffic tables of the plaintiff had to be remodelled. The
contract was entered into on the 22d of September, 1845,
and the traffic tables in question were delivered early in
the month of January following.
The present action was brought to recover the sum of
600/. upon the two last instalments unpaid by the com-
pany ; also the sum of 604 for the extra work of re-
meddling the traffic tables ; a further sum of 751. for
the traffic upon the whole line, the length of which, in-
stead of being 60 miles, as represented to him originally,
was 65 miles ; and a further sum of 601. for expenses of
several journeys to Bristol and Birmingham upon the
affairs of the company.
On the part of the defendant a variety of pleas were
put upon the record, and the sum of 3004 was paid into