From the Kentish Gazette, 19 September 1865.

Criminal Assault.

At the Cinque Ports Petty Sessions, on Thursday, before T. S. Clarke, Esq., and George Hughes, Esq., James Dickson, a private of the 2nd Batt. of the 23rd Royal Welsh Fusiliers, was charged with committing a criminal assault on a married woman named Sarah Gardiner.

Sarah Gardner disposed:— I am the wife of Arthur Gardiner. I am at present residing at the "Victoria Commercial Inn," Upper Walmer. About twenty minutes to 10 o’clock on Saturday night last, the 9th inst., I was returning from Deal to Upper Walmer, when the prisoner overtook me, in company with another soldier, opposite the Marine Barracks. The other soldier went into the Barracks, and the prisoner wished me "good night." which I returned. He followed me up past the South Barracks; and he then asked me to accompany him down a footpath, which I refused, and walked quickly away. He overtook me, and put his arm round me and kissed me, which I told him not to do again [Here the witness described the assault.] I screamed, and two men came up. I called out to them to assist me, and they said, "All right, governor," and took no farther notice. A gentleman then drove up in a pony chaise, whom I afterwards found to be Dr. Davey. I called out, and the prisoner then left me, and went to the gentleman and said "It’s only a prostitute, and she’s tight." The prisoner is the man.

Charles Turner deposed:- I am a private in the Royal Marines On Saturday night last, about half-past 9, I walked to the barracks in company with the prisoner. I left him at the barrack gates. I saw a female walking in the road, and the prisoner spoke to her.

James Miller deposed:- I am Sergeant of the 2nd Batt. of the 23rd Welsh Fusiliers. When I called the roll at 10 o’clock last Saturday night, Dickson was absent, but he came in about five or ten minutes afterwards.

Mr. R. G. Davey, surgeon, Walmer, deposed:- As I was driving home on Saturday night, just as I passed the barrack wall, I saw a soldier and a woman in a field close to the road, and two men standing looking. I heard the woman say, "You blackguards, why don't you come and help me." This I heard repeated a second time. I then turned round and drove to the spot. The soldier then came to one side of my carriage, and the woman the other. The soldier said she was a prostitute, and was drunk. She was not drunk. I asked the two men why they had not rendered the woman assistance, and they gave no satisfactory answer. I drove back to the barracks to make inquiries, and the soldier went back. I can identify the man by his voice.

George Moat deposed that he was in company with a man named Curling last Saturday night aid saw a soldier and a woman in the field in question, and the woman was crying for help. Eventually Curling interfered, and the soldier went away, and a gentleman came up.

The prisoner, in defence, said he did not know anything about it, and called two witnesses, who only proved that he (Dickson) left them at the "Deal Hoy" about twenty minutes past nine on Saturday night.

The Bench said they thought that Mrs. Gardiner had acted very indiscreetly in walking with a soldier at that hour of the night; but there were two ways of dealing with the case — one by sending the prisoner for trial, or by disposing of it summarily; and sentenced the prisoner to Sandwich gaol for four months, with hard labour. The Bench likewise censured Moat and Curling for their cowardly and disgraceful conduct.