The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1840-04-07 00:00:00

SOUTH LANCASHIRE SPRING ASSIZES

CROWN COURT.—FRIDAY.
RAPE.
George lII' Kinnon was chargal with having, in this town,
in February last, feloniously ralished Mary Bone, junior.
Mr. Armstrong and Mr. Pere conducted the prosecution,
and Mi. Wilkins the defence.
Mr. WILKINS desired that all the witnesses should be
sent out of court.

Mr. A R MSTI2 07N G stated the case. The learned counsel
detailed the circumstances minutely, but witlfgreat firmness
and consideration towards the prisoner, intimating the points
of evidence which he had to bring forward, and cautioning
the jury to give the case their most serious attention, and to
-give the prisoner the benefit of any doubts which they might
reasonably entertain.

Mary Bone, a well-favoured young girl, stated that she
was turned 13 years of ate. (The witness looked rather older
than the age she mentioned,) Having mentioned the cir-
cumstance attending her engagement by the prisnoer, to take
care of his house, he living apart front his wife, who it ap-
peared was a drunken female, she proceeded to state that he
occupied a house in Great Howard-street, jointly with a per-
son named Memmon. She was to have eighteen pence per
week. He had a parlour and a garret, and he and the chil-
dren slept in the latter. In the-garret there was a bed and a
mattress.' It was from the commencement arranged that
when the prisoner, who was a custom-house officet, did not
sleep at home, witness was to sleep with the children, and
when he slept at his own house she was to go home. On the
Saturday night following her engagement, a woman named
Edwards was at the house, and Mr. and Mrs. Memmon were
out. Mrs. Edwards went away after tea. The prisoner told
her he should sleep at home that night till twelve o'clock, and
that she was to take the matress down to the parlour as he
would sleep there till he went out. He sent her out for some
milk. When she returned he had some tea made. He took
two cups of it. While she was at the cupboard he poured
out a cup of tea and put some milk into it. He presented a
full cup to her, and told her to drink it up. She drank about
half of it, and could not drink any more, it tasted so bad—
just like poison. It looked very black. He said, " drink it
up, it is just the same as mine." She tried to take some
more, but she did not like it, and spirted the last mouthful
into a bucket. She had had tea, before, that afternoon. He
told her about half an hour after to go to bed. She had
washed her night cap, and told him that she wished to dry it.
He said, " Oh, never mind it—l will bring it up." She went
to bed, and according to his directions, called to him to bring
up the nightcap. He did so. He then said, " I think I will
bring up my mattress, and lay it beside the bed and sleep
there." She replied, " No, Mr. M'Kinnon, I shall not like
that." He told her to bold her head, and he would put on
the night-cap. He did put it on. He afterwards brought up
the mattress and quilt which she had previously taken down.
He said, " I shall be a good bit before I come to bed." She
fell asleep. Witness next described in what manner she was
awakened, and weeping, and with some little hesitation, she
told how the crime was perpetrated. He said, " Dod't cry,
and I will buy you a new frock on Monday." She told him
that she did not care for him or his new frock. She told him
she would go home and tell her mother. He begged of her
not to go, but she persisted. He went down stairs, and she
got up. She called to him to ask where the candle was. He
took it up stairs lighted, took his matress and quilt, and went
down again. She could not find her bed-gown, and when
she was dressed all but that article, she went down for it.
She asked him for the candle. He told her she should have
it to find her bedgown, but she should not go home. She
asked him for her bonnet. She had left it behind the door,
but it was not there. He said he did not know where it was.
She pressed him to tell her where it was. He said, " Look
under the table." He then told her that she should not go
home. She persisted, however. He asked her if she knew
what o'clock it was—it was just striking twelve. He begged
of her not to tell her mother what had happeried. She said
she would. He said, " Tell your mother that I was going to
sleep at home, and that you could not sleep here." She went
away to her mother. The latter was living servant with Mrs.
Bates, who resides in Vauxhall-road. Mrs. Bates went with
her into the parlour, and she told her all that had occurred.
Mr. WILKINs cross-examined the witness at some length.
He pressed her to say what sort of house Mrs. Bates kept,
and whether young women did not lodge there. He asked
her if she did not know a gentleman named Palmer, which
she confessed she did, and then he put it to her, she having
acknowledged that she knew Mr. Palmer, if her mother had
not kept a brothel?
_ _ _

The witness wept bitterly when this question was put to
her, and earnestly replied in the negative.
The prisoner during the cross-examination was quite cool,
and employed himself in writing, apparently taking notes of
the evidence.

Mary Bone, sen., stated that the last witness was her daugh-
ter; she was thirteen years of age last December. Her hus-
band was captain of a ship which sailed from this port. He
has been away eleven years. He went away before his last
child was born. The ship returned, but her husband had left
it in Quebec. She had never heard of him since. She after-
wards gained her livelihood by taking in lodgers. She went
to live with Mr. Bates, who is an engineer, eight months ago.
Her daughter lived there with her as nurse. She wanted a
place for her. Her daughter went to live with the prisoner
on the 26th February. She told her daughter to come home
whenever Mr. M`Kinnon slept at home. On the Saturday
night following, about half-past eleven o'clock, she heard a
knock at the door. She found her daughter crying bitterly.
She said, " Oh, mother, mother ! that man, that man ! '
Witness said, " What is the matter has he been striking
you ?" She replied, "He has done worse, mother." Mrs.
Bates came and led her into the kitchen. Mr. Bates went
up stairs to bed, and the daughter told Mrs. Bates every
thing. Witness examined her, and here described her con-
dition. The evidence was confirmatory of the statements of
the girl herself. A surgeon was sent for, and the particulars
were laid before the police next morning.
Mrs. Bates was called.—(Mr. WILKINS explained that the
insinuations which he had made against Mrs. Bates arose out
of a mistake in his instructions. He did not mean to insi-
nuate any thing against Mrs. Bates.)—Mrs. Bates stated thnt
the conduct of the girl, Mary Bone, was exceedingly good
and proper during the time she lived with her.
Mr. Craig, surgeon, stated the appearances presented on
the examination of the girl. They were corroborative of her
testimony, to the extent of showing that her person had been
recently violated. .

John Cameron, another surgeon, gave similar testimony.
?Mary Edwards, a char-woman, confirmed the first part of
the testimony of the principal witness, with the exception
that she stated that she did not see any tea.
Mr. WILKINS addressed the jury at considerable length
for the defence.

His LORDSHIP impressed upon the jury the trite observa-
tion, that this crime was one of the easiest to make, and one
of the most difficult to. rebut. His Lordship commented upon
the evidence with great care, weighing it in its bearings for
and against the prisoner with extreme caution.
The jury retired at half-past one o'clock. They returned,
after an absence of two hours and a half, and acquitted the
prisoner.
CHARGE OF WOUNDING WITH INTENT TO MURDER.

Robert Jenkins, aged 18, was charged with having in
August last wounded William Mackenzie, with intent to
murder him. Several counts in the indictment charged the
crime as having been committed with various other intents.
Mr. Armstrong and Mr. Preston for the prosecution ; the
prisoner was undefended.

It appeared, that on the 20th of August the prisoner was
passing along a part of Toxteth-park, near Liverpool, with a
dog. A man named Hessam Small, who was with Macken-
zie, claimed the dog. The prisoner attempted to strike this
person. Mackenzie took hold of the dog, and the prisoner
told him that he would stab him if he did not loose the dog.
He took out a knife. Witness held the dog, and the prisoner
stabbed him in his left breast. He was taken to a surgeon,
and continued ill about 16 weeks.

The statements of Mackenzie were confirmed by other
witnesses. The surgeon who attended him described the
wound as a severe one. If the knife had taken a lateral in-
stead of a central direction, immediate death would have
ensued. The wound was a very dangerous one, and the sur-
geon was apprehensive during several days that he would not
survive.

The jury found the prisoner guilty of wounding with in-
tent to do some grievous bodily harm.
He was sentenced to transportation for life.
Emanuel Route aged 43, was charged with having ma-
liciously wounded Terence Ward.
Mr. Perry appeared for the prosecution, Mr. Murphy :or
the defence.

Terence Ward is a car driver in this town. On Thursday
night, the 27th February last, he was standing with his car
in Williamson-square, when the prisoner came out of James
Ward's public-house and indecently exposed himself in the
footwalk. There were females near, and witness called him
a dirty fellow, and told him to be off—and that he ought to
be ashamed of himself. The prisoner resented this and put
himself in a fighting attitude. Witness sparred back and
struck the prisoner the first blow, upon which he retired
back into Ward's public-house. In a few minutes he re-
turned—asked witness if he were the man who called him a
dirty fellow. He replied in the affirmative. They had
another sparring bout, and the prisoner threw Ward down
and stabbed him in the neck and arm. Several persons,
among whom was the policeman on duty, who saw the trans-
action, confirmed the above statement.

Mr. Chambers, a surgeon, who attended Ward, stated that
he had received three wounds on his neck, one of which went
very near to the carotid artery.
Mr. MURPHY se up in defence, that in consequence of an
injury formerly received in his head, the prisoner on the oc-
casion of any excitement, had not the perfect command of
his reason.

It was stated, by witnesses for the defence, that five years
ago, when the prisoner was at work uptin the steamer Liver-
pool, his skull was fractured by a beam falling upon it, and
that he had been easily excited by a slight provocation ever
since.

The jury retired. They returned in about twenty minuers,
and delivered a verdict of wounding with intent to do grievous
bodily harm. They recommended the prisoner to mercy.
The prisoner was sentenced to two years' imprisonment.