The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-08-14

The Rev Baldwin Brown OF BTixton independent
chapel, was examined and sworo 10 hearing screams
and seeing lady outside the carriage; also as TO tho
occurrences after the train stopped
Some other witnesses called, whose evidence
was Of little importance
rHs COUNSEL ADDRESSES THE JURY
Mr.. Sergeant Parry then addressed the jury on the
part OF the prosecution He said il clear that the
lady had not exaggerated what had occurred and as to
the charge Of assault and indecent assault the defendant
had defence 70 make and he assumed that on these
charges he must be convicted. The learned counsel
then proceeded 10 argue IN able speech in favor Of
conviction the gaver charge OF attempt to ravish
Mr. Hawkins replied for the defence, and called aten-
ton the gallant services rendered 10 his country by
the defendant lie did not make any defence on The
minor charges. but confined himself TO exposing the
weak points In the evidence given In support OF the
THE JUDGES CHARGE TO THE JURY
The learned Judge in addressing the jury, reminded
them that they had only to answer the questions he
should put to them, and even though their answers
might lead TO a result different from that which they
desired they must not, that account shrink from
giving them freely according to the evidence It Is
FOR TO tell you, he said, what the questions are
which you to answer, and 1t Is for you W AN
swor them NEUTRALITY-SUSPICIOUS. the effect is to aequit or
to convict That part Of the matter rests with you
Tho defendant is charged-frst with assault and IT.
without any i'll feeling in his mind, he laid his hand
upon her without her consent II Is an assault But nc
Is charged next undor statute with an Indecent assault
and TO that have right TO tell you what articu
lar according 10 law viii or VIII not amount 10 an
indecent assault The only definition can give you Is
that, If a assaults woman in such way that
ordinary right minded men would say 1t was indecent
then it is indecent assault | cannot lay down tho
law AS TO what is or Is not Indecent" beyond say
ing that IT Is what all right minded men, men
OF sound and wholesome feelings would say was
indecent The lady says no Kissed her on
Grand Jury that il man kisses woman against her
will for the purpose OF gratifying any carnal feeling in
his own mind 70 excite carnal feeling on hers, is
for TO say whether il is not AN Indecent assault So
that YOU satisfied that the defendant kissed the
lady with such feelings though you were not sats
fed that he put his hand under her dress, then there
would be AN indecent assault But then the other
and graver accusation, which let INC toll you is OF tho
highest Importance The defendant is charged under
statute with assault with intent TO commit a
felony-that is in this instance, rape. Now, as TO
that, it Is not correct to say that the question
is whether he had determined TO stop If he found her
resistance 20 beyond certain point; but the question
IL whether he intended TO violate her. and he cannot be
convicted of that offence unless you are satisfied that he
had in his mind to have carna connection with her
Notwithstanding any resistance she might make II
you satisfied OF that then II Is your duty TO convict
him; but if not then TO acquit You, of course can
only tell what in his mind by his acts words He
said no had that intention; the contrary he
has always denied ana therefore must be inferred
if at ALL from what he did. The young lady entered an
empty carriage and travelled for time alone, and
then the defendant entered it, You have seen them
both you have seen the young lady, and you see him.
The young lady is in her twenty second year; he II is
said is about fty certainly very much older than She
He began a conversation with her. which she could
hardly rcpulse She converscd with him; it is for you
say whether there anything i'll her conversation
which tho most innocent girl might not have said TO
any one who seemed respectable, and whose de-
mcanor toward her respectful She carried
that conversation with him until they got 10 Working
the greater part Oh an lutIc Whh notlnp
they left Working to complain OF Whatever
there is in the to affect the defendant in respect of
the grave charge occurred between that place and Esbcr
He put up the window, and II Is suggested that was
TO prevent her screaming and from being heard and
that anticipated resistance; but 70 might also
to him that whatever happened ought TO be open
observation You must ask yourselves whether he had
up his mind to irresistible force whether he
was hestating; and if you think that however wicked
he was he was hcstating and could not make up his
mind to the last extremity of violence, then he Is
not guilty upon this charge You must take
yourselves there; you must picture TO yourselves
the it occurred, and remember that, as she
herself said, she powerlesi The question Is not
whether he intended TO compass his object partiy by
force partly by persuasion and partly by exciting her
passions but whether he intended TO use all the force OF
which he master and 10 use brutal violence to
effect his object You will not lose sight of thstha
she able to get up and go to the window, open il
and put her head out She could not say exactly how
it was; she did it in that moment of supreme terror
She then in danger, danger to her life but
she WAS able do il and did 1t. II is true that the
young lady says that just before one of his hands
under hcr dress and that she bad an impression how
his other was occupcd and, as 1t cannot be doubted
after the evidence OF the two gentlemen called
that his dress was uniastened you may be of opinion
that ii then that t done But still that does
not suffice to prove an intention to com
nit rape and if you are of opinion that
he intended-most wckcdiy ntended-partly by
force partly by persuasion and partly by ex
citing her feelings to got from her reluctant consent,
and that he did not intend TO obtain his object by force
and violence alone IN spite OF any resistance she might
make, then IL would he your duty 10 acquit upon this
charge for IL would not amount TO the attempt 10 ravsh
which Is charged. IL would DC Impossible 10 put the
question more clearly to you, and you must bring your
intelligence TO bear on IT, If you satisfied that
he intended TO attain his object by force, what
resistance she might make then you must
convict upon this charge; but II not satisfied or If you
in doubt upon it, then you must acqui him on tins
charge though you may feel bound to convict him upon
the charge OF indecent assault which one can
doubt he Is guilty.
THE VERDICT.
The jury who had given throughout the most dispas.
dencanor to the and had listened the
observations of the learned Judge with the closest atcn
ton then retired to consider their verdict Ator being
absent about quarter of hour they returned into
with verdict acqutng the defendant upon the
first the graver charge but convcting him upon the
minor charge Of IN indecent assault.
CHARACTER
Mr. SERGEANT Baantne then proposed to call military
witnesses TO the position and character OF the defend
ant and the probable consequences of conviction
TO which. however
The learned Judg said-Not as to the consequences
that cannot consider Anything as TO character will
hear.
Sir Richard Airey was then called and said he had
long known Colonel Baker, and had watched his
with the greatest interest and knew him 20 have at
tanned brilliant reputation cavalry officer. He had
served in India and had marched India to
N tho Crimea where no had served with the greatest
efficiency.
Sir Thomas Steele who is in command at Aldershott
alse gave strong evidence in favor Of Colonel Baker
THE SENTENCE
The learned Judge then addressing the defendant,
proceeded TO pass sentence as folOWs:Ehen. he said
the story OF this first published thrill of
dishonor went through the country When it
heard that young and innocent girl travelling by the
ordinary conveyance had been obliged 10 risk her life
order TO saws herself from gross outrage every part
Of society every household felt rs If it hud received
personal injury; and when the country heard that her
assailant was gentleman and soldier and officer
and an officer high in command, it felt fear and
horror and, think may add disgust.
Nevertheless, you have had what everybody must
admit to have been a calm and dispassionate trial. and
that Jury, OF whom some fear was expressed, have
known how 10 discriminate between the charges made
against you. They have most honestly ferressy.
properly absolved you from the heaviest part of
tho charge though they have found you guilty of that
OF which one can doubt you TO be guilty. AS to the
young lady have heard IL said that she ought not TO
have remained long in railway carriage alone with
man but II seems TO INC that this suggests state of
society In this country which happily, does not exist
In any part Of IT, II to suggest that delcnceless
woman In a public conveyance in this country,
If she is alone in railway carriage with n man,
may expect TO suffer some outrage from him.
IL 10 not true of any part of society, from
the highest TO the lowest There may be now and
hen man who gives way passion but 1t is not char
acersc of this country, and wholly deny that there
is anything wrong IN a woman, however young, being
alone IN railway carriage with man who appears to