The Sun.
London, England, 1829-01-17 00:00:00

OLD BAILEY.-(THIS DAY.)

OLD COURT.
CHARGF. OF RAPE.

W. Smith, aged about 47, a respectable lookieg
man, was indicted for a rape on the person of Jane
Byrne.
The proeecutrix stated that she was a single
woman, and lived with the prisoner as servant.
About half-past three o'clock in the afternoon of the •
29th of Noyember she went into his bed-room, the
second floor back-room, to clean it. Had lived
with him about three months. Was. cleaning the
stove when the prisoner, who is a general merchant,
came home, and into the room where she was
cleaning. He locked the door and threw her
on the bed. He then ill-treated her in a
way which, by her description amounted to a
capital offence. She screamed, but no one was
in the house. He kept her there about ten
minutes. She tried with all her strength to get away.
The prisoner never spoke one word while he wee
ill-using her; but when he was leaving her, he said,
in reply to something she said to him; that she
might go to - and be -. He then unlocked
the door and went away. Saw him in the parlour
about half an hour afterwards, but did not then
speak to him. Witness told the cook when she
came down stairs, directly after it had happened.
They agreed to leave the house, and on the pri-
soner coming down stairs into the kitchen, she told
him that she would leave the house. He replied
that she might do as she pleased, and he then
fetched his livery stable-keeper as a witness to their
wishing to leave. He then refused to pay them the
amount of wages which they claimed, and they left
at seven o'clock on the name night, and never went
there again.
Cross-examined by Mr. ALLllY—Witness is 19
years of age; had been brought up under the King's
gamekeeper at Windsor, where she was taught to
read and write. Afterwards lived with a widow
lady, named Hardman. Was afterwards apprenticed
to the Misses Baxter, milliners and dress-makers, of
Tottenham-court-road ; Lady Wortley bound her
Apprentice, and paid 201. with her. Had been in the
Refuge for the Destitute, but that was on a false
charge. A servant of Mrs. Hardman had put poison
in a tea-cup, for the purpose of poisoning her mistress.
Was accused of being concerned, and sent to that
Asylum by Lady Wortley, who had taken her and
brought her up from her infancy. Remained in that
Asylum for a year and a hall. Went from that place
to Miss Baxter. Said at the police-oflice that she
had lived with Misses Baxter up to the day on which
she went to Mr. Smith. That erne not true. Witness left
the Misses Baxter about two years and a half be-
fore. Never asked the Misses Baxter to nay that
she had. Had written a letter to them; that letter
was on the subject, and requested them to say so;
wrote that if they would say so, it would be the
making of her. Miss Baxter asked her how she
ceulel have the impudence to ask her to tell a false-
hood, and positively refused to say so.---(The frag-
ments of the letter were here produced, and the
hand-writing admitted by the witness.) The rape
took place on the 29th of November. She generally
slept at the top of the house, Mr. Smith slept on
the second floor. Upon her solemn oath she did
not regularly pass the night in his bed till within
the last four days of her being in the house. Never
slept or laid with him on any one occasion. First
saw Mr. Smith at his own house, and had not been
picked up by him in the street. Had told Miss
Baxter, when questioned by her, that she had heard
of his situation at a grocers in Oxford-street;
my first interview with Mr. Smith was not in the
New-road ; he did not ever join me there, and ac-
company me to a house in Regent-street; never
walked in the New-road; do not know a public-
house in Portland-street, called the " Farthing Pie-
house ;" never was in company at that nr any other
house in the neighbourhood with a geatiernan, a
short time before this transaction ; I never said that
1 was a niece of the prisoner's; never passed myself
off as such, or on any occasion said that I had an uncle

living at rt o . 15, Euston-sq►;are; I never gave to a
man a card, with uncle Smith, 13, Euston•strect,
Euston-square, upon it ; I never %TM at Ei publc-
house, in Winsley-street, with any man ; no young
men visited me at Mr. Smith's house; it was my
own desire to leave after this transaction ; 'wither
ire or the cook were drunk at the time we left the
house.

Sarah Roebuck, the cook, stated that she Enid
some screams, and went to tt:e foot of the stairs.
when she met the prisoner, who without any quar-
rel, called her an odious name, and bid her quit his
house instantly. She repeated the account of the
dispute about the wages, and al,o confirmed the feet
of Byrne telling her that he had ruined her.
By Mr. C. PHlLLlrs.—llad been married, a),(1
her husband was dead.

Mr. PHILLIPS.—Had you been ever married be- I
fore to that husband ? guess (very demurely)
not that I know of Sit.—(Laughter.)
(The Learned JUDGE was obliged to reprove the
witness severely, before she would be brought to
answer questions with proper attention.) Had been
married to a Mr. Robinson before Roebuck; had
never preferred a charge of rape at Bow-street
against any person ; had never applied to any peiaon
for a house to keep as a brothel, She had not the
means. (Laughter.) Was not drunk when she
went sway in die coach with Byrne, and did not
abuse her master; he abused her, and called her a
Paddy. (Laughter.) Prisoner did not then say in
Thurston's, the livery stable keeper's presence, to
witness, " I have slept with her, Byrne, every night
and you know' it Paddy." Nor did she answer that she
never knew Byrne till she came into his service.
Never said to Wastcott, the police officer, that it
was a dreadful case, and it was a pity it could not
be settled. Never heard Byrne say so. Slept in
the same bed with Byrne, who, upon her oath, had
never slept with her master. Mad never said that
Byrne slept with him every night to the washer-
woman, nor had she said to the milkwoman, that
" Madam was in bed with her master." Had never
told a person named Hoare, who came looking for
Byrne, to get over the rails and come into the house.
Had never lived with a Mrs. Johnsonthat she knew
of. Was never carried home insensibly drunk to
that house. Knew Mr. Hardwick, a horse-dealer,
and had never been in a certain house with him.
Had never told the Misses Baxter, or any one else,
that he had taken down a ru4y sword while she
(Byrne) was at needle-work, and had in that way
accomplished his purpose.
This was the case for the prosecution. The pri-
soner made no defence, but called
James Thurston, No. 34, Southampton-mews,
livery-stable-keeper—Was sent for by Mr. Smith.
Mr. Smith told them that he discharged them for
their ill conduct. They both appeared drunk, and
Mrs. Roebuck abused him most grossly. Smith
said to Byrne, " You know I have slept with you
every night since you have been in the house, till
the last four nights." He then turned round to Roe-
buck, and said, " You know that, Paddy." Roe-
buck replied, that she bad not known her till she
came.

Miss Jane Baxter, dress-maker, stated that Byrne

was apprenticed to, her, and stayed with her two
years. She left the ksth June, 1826, and had not
slept under her roof since. Had not seen her till
December last, from the previous April. Byrne
suit the letter produced to her by Roebuck, who
said that she knew the contents of the letter. Roe-
buck told her that a rape had been committed on
her by Mr. Smith, who ftightened her by taking
down a runty sword, and then overcame her, Wit-
ness told Roebuck to send Byrne to them. She
afterwards came, and begged hard for witness to say
that she had lived with her till she went to Mr.
Smith's house. Witness positively related, rind
Byrne then asked if the other party had seen the
letter. Witness replied that they had, and Byrne
then said, "Ah ! then that upsets every thing.''
Harriet Baxter, sister to the last witness, 'WAS
called, and corroborated the evidence of her sister.
W. WTestcott, police-officer of Marlborough-street,
produced a common assault warrant against the pri-
eoner, served it, and the prisoner attended voltin-