Star.
London, England, 1821-08-28 00:00:00

DURHAM ASSIZES, AUGUST 41.-RAFT_

Charles Dixon, aged 25, a loyman in Sunderland,
was charged with having ravished Ann Macdonald,
a single woman, aged 19.
Mr. POLLOCK was Counsel for the prisoner.
Ann Macdonald, the prosecutrir, stated that she
had been in the service of Mr. Dinning, who kept a
public-house at Dinning. She had been a year and
a half in service before she had come to Dinning's,
and she had been not quite half a year there. Her
father lived at Monk-Wearmouth. The prisoner and
two men had come into the house about three o'clock
on the 21st of March. She had seen him in the
house on the Saturday and the Monday before. Two,
others came in at five. They had five quarts of ale,'.
and they had some steaks for supper. Her mistress
had gone into the place where they were drinking,
and asked payment of the reckoning. One of them
said she might go to h-11 for it. Her mistress had
before asked her to get rayment, and then said she
would keep seven shillings (the reckoning) out of her
wages if she did not get it. The prisoner said, if one
would go with him to his mother's, he would get
money to pay it. Her mistress desired her to put on
her bonnet and go ; she said she . would not, for she
knew nothing of the man. Her mistress then said to
her husband, " James, will you go ?" He answered,
" How the h-11 can 1,, when the house is in such an
uproar?" There was a quarrel between two of the,
men, who fought without their coats : Bell, whose
wife was there, was one of the two. Her mistress
again said to her she must go, and when she ob-
jected, her mistress said, " This good woman (Mrs.
Bell) will perhaps go with you.' With this woman'
she went. He had Mrs. Bell's arm in his, and the'
witness walked beside her. He desired her to take
his arm, and when she refused, he took her hand and
passed it within his arm. The woman said, as they
were going along the street, that her face was so ill,
with the erysipelas she must go into a house, she
could not endure the cold. It was about nine o'clock.
Witness said she would not go with him, alone, be-
cause he was a stranger to her. He said his mother's
was very near, in Bishop-Wearmouth, and they would
be back in twenty minutes, and that his sister would
come back with her. She had never been in Bishop-
Wearmouth. He led her away when the woman left
them. It was dark, and no lamps were lighted there.
By a light from a glass-house, or a lime-kiln, she saw
that they had got beyond all the houses and were at a
grass•bank, and she shrieked out. There he treated her
with great violence, and at length effected his purpose.
She kept shrieking " Murder !"_(ln course of this
part of the evidence she stated the gross expression

frequently in the months of sailors, which he applied
to her.)—She exclaimed during the struggle, What
a wicked woman to leave me in this way.!" He said,
‘c She knew very well, for I nipped and pinched her I,
arm." He then led her home, and frightened her the
whole way if she ever mentioned it. She knew where
the grass-hank was only by his threatening to thre w
her irro the gill. He told her, as he was returning
with her, that he knew the clerk of Sunderland, and
that he would send him to her to get her name, and
they would be proclaimed in Church. He often said,
If you ever put it out, I'll be the end of you." Ile
went into the house first. She went to the back-
kitchen. Her master was out. Ile said that his mo-
ther was nut, and that he would have broken the desk
for money, but that his sister refused, and added, that
as sure as he bad a soul to save, he would bring it in
the morning. The witness thought twice to rise to
tell her mistress, but she was not able. She cried
very heavily. Her mistress never asked anything.—
She served ale afterwards at her mistress's desire, and
went to Mr. Lee's for her master. Her mistress told
her next morning that the man (Dixon) had wagered
a gallon of ale that they would be married before
May, and her master had wagered a pint of ruin they
would not. She laid down the brush, and ran into
the kitchen, and cried. Her mistress asked what was
the matter ? She then said, "It would look as well
if you had asked that last night, when you spoke
twice to me, and I had not been able to answer."—
She told her mistress what had happened. She went
to her father, and afterwards she was taken before a
Magistrate. Her mistress said, If it were me, I
would stand at the gallows' foot and see him hanged."
Cross-exantiAed.—The prisoner had never come
into the back kitchen. Her mistress said next morn-
ing, that it was 11 o'clock when they had come back.
By the COURT.—Mrs. Bell said she need nut be
afraid, for be was not a married man.
Mrs. Dinning swore that she bad once ordered the
prisoner out of the back kitchen, that he might not
hinder Ann Macdonald from her washing, and that
she understood from a little girl that he was there
twice before; that Ann Macdonald said Dixon had
plenty of notes—(the witness could not well explain
how the prisoner had been pointed out as hawing the
notes, for she admitted that his name had not been
used)—and that she said next morning that she was
afraid of being with child.
By the COURT.—Did you threaten to keep 7s. out
of her wages?—No: I could not, for the had re-
ceived 12s. Gd.

What wages did she receive ?—Four pounds in
the year.
Well, you know more than 7s. were 'clue ?—She
had received a quarter's wages and 12s. 6d. besides.
The Rector's gill was a good mile from their house.'
Ann Macdonald served a pint of ale to the prisoner
after their return. She did her work as usual. Wit-
ness was with her, and gave her plenty of opportunity
to tell at night. In the morning she had not cried
till she was asked whether she was to be married.-11
The girl had never shewn any forwardness towards
men. She had not blamed her for sending her out. I
She conducted herself very well.
William Ainsley, servant to the Rev. Dr. Grey,
proved from circumstantial references to dates, that
a little after ten on the night-of the 21st he heard a
female shrieking " Murder!" at the gill. He went
to the ground, but the cries had ceased, and he
I saw nothing.
Alexander Macdonald, the girl's father, stated that
he had lived nine years at Monk-Wearmuuth. On
the 22d his daughter told him of the outrage com-
mitted by a man upon her. She was assisted to bed,
and was never well since. A medical man was called,
and afterwards a Magistrate, for she was not able to
go. She was his youngest daughter by his former
marriage.--(The agitation and distress of this poor
man were very affecting. His language and dress
indicated him a native of the north.)
Jpseph Lees was the constable who took the pri-
soner. On seeing witness the prisoner launched his
coble, and went to sea. He landed at a distance of
five miles, and was apprehended. He resisted, but
was overpowered. He said, "I know I have been
in fault, but I hope to get off with two years' im-
prisonment." The prisoner was married, and had
three children.

Mr. Hopworth, the surgeon, described the violence ii
done to the person of the prosecutrix. She was very
reluctant to let him examine her person.
The deposition before Mr. Pemberton used a tech-
nical description instead of her terms respecting the
man.ner in which the offence was committed, and this
appeared to be a contradiction to her present testi-
mony, but she stated that the deposition had been
explained to her as meaning what she had now sworn.
She was again examined by his Lordship as to the
points in which Mrs. Dinning's evidence was opposed
to her's, but she firmly adhered to the same testi-
mony. She had heard them say they had notzs, but
she saw none. She did not know till after the vio-
lence had been offered that he was a married man.
She said to her mistress in the mottling, that she and
that man had ruined her.

The prisoner was called on for his defence, and
said, " My Lord, I have nothing to say."
Mr. Justice Bextry.—This was .a case which re-
quired careful and anxious consideration. The feel-
ings were naturally roused in. such a case, and it was
therefore necessary to take care that their feelings
should not get the better of the cool judgment which
ought to be exercised. It was impossible that a
greater injury could be inflicted on a helpless wo-
man than a crime of this sort, and therefore the
feelings must be strongly interested. The evidence
of the young woman might be so broken in upon,
that he, if he were one of them, might be obliged to
say, that it was not safe to trust her testimony where
life was at hazard. He said it might be so; it was
for them to consider whether it was so,—(His Lord-
ship then read over :he evidence, remarking that it
would appear better if she had declined to repeat the
coarse sailor terms, and that she seemed to have pre-
served presence of mind during the violence of her
struggle.)—lf they believed that the crime was com-
mitted without any consent from her, it was 'their
duty to find him guilty. But in a case where life
was certainly at stake, if any reasonable doubt ex-
isted, they would give the prisoner the benefit of it.
" I anxiously hope (concluded his Lordship) that your
conclusion will do justice to the case on both sides."
The Jury having retired for nearly an hour, re-
turned with a verdict of—Not Guilty.
Mr. Justice BAYLEY.— Gentlemen, I hope your

,verdict will prove satisfactory: I am much obliged
to you for the assistance you have given me. The
young woman may have stated nothing but the truth;
it is likely that her evidence was quite true, and I
hope she will leave this Court without any reflection
upon her credit ; but in such, a case, and with such
circumstances cf difficulty and doubt, your verdict
was the one to which you could mote safely come.
Foreman (who had taken notes of the evidence)....
That was exactly our view of it.
. _

The prisoner sat down during the absence of the
Jury, and stood up on their return. When he heard
the verdict, he turned suddenly pale, rested his fore-
head on his right hand, and, at the moment tbe
Learned Judge concluded his remarks on the ver.
diet, dropped down in a swoon. He was carried
senseless out of Court.

The girl, Ann Macdonald, never remained a ma
ment in Court but while. she was under examination.
This bring the last trial for the Crown Conic, the
Jury was discharged at its conclusion.