The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-08-09
COLONEL BAKERS KISS.

AN ENGLISH JUDICIAL OPINION ON KISSING
USEFUL HINTS FOR BRooKLYN-How THE FA-
NOUS BRITISH cAvALRYMAN CONDUCTED HIM
SELF IN A RAILWAY CARRIAGE
From tho London Globe, July %
AT the Croydon Assizes to-day Mr. Justice Brett, in
the of his charge tho Grand Jury, lid:-I
now come to a case which, of course has given rise TO
much remark and TO considerable sensation in this
country. 1t the charge against Colonel Valentine
Baker The charges as understand them, which VIII
be made against the accused are first of all that he at
tempted to ravsh young lady; secondly that he in
decenty assaulted her. and the third charge naturally
will be one of common assault Therefore, there will
be three in the indictment, or three charges
laid before you-an attempt to commit rape, an
indecent assault and assault without in
decency and it Is with regard to this
case YOU will see that l made some remarks just now
1t is the of person of some position who Is
charged with outrage upon young lady. That is
case excite than usual feeling in the
minds of every body who hears it, and therefore it is
one of those cases in which glad have the assist
cf of those who have share OF the re-
sponsiblity of administering the criminal law and it is
of those where IL is desirable To have careful
decision OF the Grand Jury well us OF the petit jury
If the result the conclusion adverse to the accused
person. everybody ought 10 be satisfied that the convic
ton has been just and righteous one but IL Is
one of those cases where, If any one Of the
careful consideration, then the protection of the
requires that should according to your
view of the matter With regard to the first charge, IN
order that he should be convicted of an attempt u
ravsh, you must be Of opinion that he made up hh
mind to outrage this young lady TO the last extent IN
spite of resistance which she had made up TO ta
time in spite of any resistance she might make. II
is not enough that he intended at moment to go 10
what you may call extremtes with her. thsft IS not
enough, that he doing it for moment against
her then will This is charge of an at
tempt TO ravish There has not been q COM
Tlpt nf he
you must be of opinion that he determined
the last and ultimate extreme Of outrage not
withstanding any resistance she did OF might make. IL
you to the conclusion that that was you must
find bill the first count Ii you think from the
circumstances laid before YOU however wicked the out
that he was committing upon her that he mad
made up his mind to that extent and that 1t would
not be reasonable for jury to say that he had then
YOU ought throw that part of the bill With re-
gard to the charge OF indecent assault II the evidence
before you is the appears ON the depositons
you cannot have doubt that there Is case OF nde-
cent assault which ought be inquired into The depo
show that the young lady that the accused
kissed her the mouth and that she felt his hand
her leg If that is made out there ca
be doubt that there indecent assault If tim
latter statement of the young lady proved yet II
"A kisses Il against her will with any carnal
passion, with any intent to crafty any feeling or
passion of his own, to excite passion in her. am
of opinion that such kiss by itself an Indecent assault
if done against the PERSONS WILL OF course there arc
kisses which could say were indecent; for in
stance the kiss by father of his daughter is holy
kiss and the kisses OF young people III family circles
have nothing indecent about them But kiss which ID
crafty passion, or intended to excite passion, Is IN
my mind indecent, and ii It stood alone you would
find the accused guilty of indecent assault If you
find bill Tor indecent assault 1t Is obvious
that you will find also for common assault. The
laying the hand upon her is assault With regard
the latter charges you cannot have the slightest d
fculty: the great question will be the first
ask your careful consideration 1t is not whether you
would ultimately lind verdict against him. but whether
you think that taking into account the extent to which
he did CO. and the hesitation you may think he has
shown by going further than he ddwhether, upon
the whole question: after careful consideration, you
think that il would be a reasonable conclusion for any
body to come that he had made up his mind To out
rage her the last extremity, notwithstanding any OBJ
lection or resistance which she may have shown, II you
think so you will find true bill against him. II
not you will ignore the bill far as that charge is con