The Sun.
London, England, 1857-06-04 00:00:00

ASSAULT IN A RAILWAY CARRIAGE.

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Mr. James Algernon Stuart Austen, a m'ddle-
agsd man, of Headley, Surrey, stat,d to be a mer-
chant in the city, son of a baronet, and brother to
a county inagistra,te, was examine t before a bench
of justices at Reigate on Tuesday, on a charge Of
committing a gross and indecent assault upon Miss
Emily Burley, lady's maid to the wife of the Rev.
Lord Charles Hervey, in a railway carriage during , 7
its passage through a tunnel, in the month of May
last. The complainant stated that she left Loudon
by the 4.40 p.m. South-Eastern train in a second-
class carriage on the 12th ult. There were two men
in the carriage with her. The defendant was one
of them. (Complainant pointed him out in the
court.) During the journey she was grossly insulted
by the defendant. At first he spoke pleasantly to •
her, but she only spoke to him when he spoke to
her. The other person in the carriage was a very
disagreeable-looking man, with a swollen hand and
face ; he looked as if he had been fighting. She was
frightened at him, and objected to get into that
carriage, but as the train was just starting she bad
no time to get into another. Defendant began by
putting his feet on hers shortly after the train
started. She then moved back on her seat, but she
could not move back so far as she wished because
she had some parcels on her right hand. The de-
fen.•lant was sitting opposite. The defendant wag
first sitting in the corner when he put his fe. t near •
to hers. Before coming to Msrstham tunnel be put
his feet on each side of her feet and tried to raise
her clothes. When the train entered the tunnel„
he took hold of both her hands and tried to pun
her towards him. She got one hand released and
then pushed him away. She t esisted strongly, she did ,
not shout because she thought no one would hear,
and she thought she would be safer if she was quiet.
She was afraid to attract the notice of people iu the
same carriage. When lie found she resisted be de-
sisted. The struggle last a few minutes. When
the train got to the fi:st station after leaving the
tunnel she • tried to at ract attaiation by signs,
as she was afraid to speak. She had no oppertu-
nity of calling anyone's attention. At the next
station she got to she told the porter she ni_rust
change carriages as she had been insulted. ide
then put her into another carriage. She Nog
going to Box-hill. She was positive it was the de"
fendant who insulted her. The complainant viaa
cross-examined by Mr. Morrison, who appeared
for the defendant, but nothing was elicited to shake
her testimony. She said that she did not take any
steps against the defendant until last Friday, be;
cause it was not convenient. Mr. Morrison
dressed the - Bench for his client, and suggested
that the complainant might be mistaken in the '
identity of the defendant. The Chairman said the '
Bench was of opinion that there was no doubt in
the matter, and they had therefore unanimously
decided upon sentencing the defendant t a three
week's imprisonment. Mr. Morrison endeavoured
to induce the bench to change their decision, and;
said the defendant would pay 501. to any charity
they would mitigate the sentence, but this was re'
fused, and the defendant was removed to Wands-
worth prison. The Bench suggested that the c rir
parry should have lights in the second-class car'
riages the same as in the first-class, when the train .
was passing through tunnels. Mr. Rees, the solici
citor to the South-Eastern Railway Company, sal
he would convey the suggestion to the board.