The Sun.
London, England, 1804-06-28 00:00:00

.etvith or recomniending the nomination of Ministers,
is such.a stride towards a Republic, and -so
tory of the Constitution, as well- as repugnant to
moral and judicial views, that His MAJESTY would
manifest his love of the Constitution, -and of the-
Liberties and Fundamental Laws of his Subjeas,'
by dissolving any Parliament ,which should presume
on. such interference or recommendation.
maintain is constituti,,nal dO:trine, and whatever is
constitutional, is right for every honest Briton to
support.

L AW REPORT.

COURT OF KING's BENCH, TUNE 20.

• .s
THE KING STUTCHEY.
This was an IndiEtment. against the Defendant,
containing two counts; the one for an assault with
intent to ravish; the other for a common assault
on Elizabeth, the wife of John Kilby.
Mr. GAR kow opened the case fors the Prosecu-
tion, and treated it as one of the most important
causes he ever witnessed in a Court of justice.
The husband of the Prosecutrix was a painter by
profession, and a respectable man, living in War.-:
dour--Street, who had been married to his present
wife about twelve months, who was a virtuous;
young woman, well educated by her parents, her
father being a reputable farmer at Ealing. The
.Defendant was a farrier at the. same place, and had
known the Prosecutrix ever since she was four years
of age, and all her family, from that time to the
.present, and was extremely well acquainted with
them, visiting them almost daily. In the fh onth of
February last the Prosecurrix's mother and sister
paid her a visit in town; at their return, being a
little too late for the stage, they went to the
"General Wolfe," in Oxford-street, and waited
for an hour or more before they got a returning-
post-chaise to take them home, and they went.
away leaving the Prosecutrix, who had accompanied
them thither, in the care of the Defendant, whd,
by the desire of her mother, and as a friendly neigh-
bour, undertook to conduft her safe home; but he
betrayed that sacred trust, and when he came to the-
corner of Woodstock court, forced her into a howe
of ill_fame, where he committed this assault. -.Fail-
ing in the objeet of his wishes, he huiried her into
a coach, and took her home, where,• together with
the good woman of the h in Woodstock street,
he saki that she had fallen in alit in the street, and
that they had done every thing in their poWer to
support and. assist her ; but she, -in their presence,
related the whole story of the ill-treatment she had .
met with. She was- received at home .by Miss
Smithers; a young Lady, an assistant at a school,
and living in the same house with the Prosecutrix..•
The subjed being related to the husband of itba.
Prosecutrix, this prosecution was instituted.
The whole- of this case •was most circumstantially
detailed by the Prosecutrix herself, who swote most
positively that every thing that was done to her in
this attempt, the °Vied of which 'was not accom-
plished, was done by violence and' against her will:
that she did not give to the Defendant the slightest
encouragement : that she took one glass of shrub at
the General Wolfe public-house, with her mother.
and sister, while they waited for- the chaise, 'and
once just touched a drop of brandy and water, but
nothing else except tea; that she was pettedly
sober. In which she was corroborated by the, evia
dence of her mother and her sister, 'who swore most
positively that she was perfedly sober,' and that she
used no liberties with the Defendaor, hut, in every
respell, conduaedherself as a married woman ought.
Miss Smithers swore, that the Prosecutrix
quite sober when she came home, at Which time she
made the charges now exhibited against the De.
fendant and the woman. who came with him in the,
coach, whb, when asked where she lived, said' site
lived in Oxford-road, &c.
On the part 'of the Defendant, -Mr. Easteters
made an eloquent speech, saying his Client was a
sober, honest, prudent, moral man, the husband of a
modest wife, and the father of four children, and
much reipeded in his neighbourhood ; that. he took
the care of the Prosecutrix at the request of her.
masher, and endeavoured to condutt her home from
this public.-house, but that she was' so entirely in.._
toxicated as not to know what she was doing ; that
he had all imaginable difficulty in-conduaing her,
and that when he camel() the corner of Woodstock..•
court, he found site could proceed no farther, ; that
he went with her to a. house ethe re to rest her,
where she was kindly treated; and then taken in. a
coach to her own house, and that the Defendant
treated her as if she had been his own sister, and
took her home ; that whatever violence she suffer-
ed was fiom her own fury, in consequence of her
intoxication: that site was so intoxicated, at the
General Wolfe, as to have been noticed by the
waiter to take very improper liberties with the De-
fendant, &c. for these reasons the Defendant would
be entitled' to his acquittal. But he admitted that
if guilty, his Client was- the most profligate and
abandoned of men. The crime with which he was
charged- was all but a capital offence, and for Which;
if guilty, he ought to suffer any thing but death—
but lie was instructed that the Defendant was not
guilty.
The Waiter of the General Wolfe swore, that he
attended the whole company, which consisted of the
Prosesutrix and her mother and sister, the Defen-
dant, and a companion of his, Mr. Nunns, 'a miller,
at Ealing ; they had no less than eight shilling
glasses of brandy and water. That the Ladies had
each a glass of shrub when 'they came in—had,half,
a pint of brandy mixed in their tea, and the Ladies
had each a glass at the barat parting—that theProsecu.
trixdrank freely the whole time,became much intoxi-
cated, and behaved very freely with the Defendant
--7 that, they embraced and kissed each other fre-
quently, and that the Prosecutrix put her arms
around the Defernient's neck, tickled him, &c. &c.
that all this was open, and no pains taken to conceal
it, although
the Prosecutrix and her mother were
quite near each other, and her sister was there.
The Defendant was in the habit of also frequenting
this house.

Nurms,. the miller, gave evidence to the same
points but not to the same extent ; but he was the
Defendant's bail, and evidently wished to favour him.