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From the Whitstable Times and Herne Bay Herald. 12 October 1867. Price 1d
MARGATE. SERIOUS CHARGE OP INDECENT ASSAULT.
At the Borough Police Court, on Friday, (before the Mayor and R.
Jenkins, Esq.), two fly-drivers named Edward Wales and Charles Taylor,
were charged with indecently assaulting Harriet Carlyle Wood, a visitor,
who stated that she was staying at the "York Hotel," on the previous
evening.
Mr. Moss appeared for the complainant; and Mr. Towne for the defendants.
Mr. Moss said:— The charge I have to make against the prisoners is one
of a very serious character; and although my instructions are very
short, I believe they are sufficient to warrant me in saying that this
assault was one of a very serious nature. It appears that this lady came
down yesterday to see her husband, who was staying at the "York Hotel,"
that they dined together, that there was some little unpleasantness,
which unfortunately is too frequent in life, and she left the apartment
and want to the "Hall-by-the-Sea," and there, with the view at drowning
her cares or assuaging her grief, she partook of some refreshment, and
became perfectly unconscious. While there, she hailed a fly, and ordered
the driver to take her to the "York." She was perfectly unconscious till
she arrived as she supposed, in the neighbourhood of the hotel; but,
instead of being driven there, she found herself in the carriage, and in
some dark place, the two prisoners being in the vehicle with her.
He then described the assault, and called Mrs. Wood, who said:— I live
at 21, South Bank, Regent's Park. My husband is stopping at the “York
Hotel," and yesterday I came down to see him. I had been staying there
before with him. I did not dine with him, as we quarrelled before dinner
time. I did not taka any refreshment while there. Some differences arose
between us at a little before six o'clock, shortly after which I left
the “York Hotel," I went to my bedroom, and remained there some time. I
asked the waiter several times if he knew where Mr. Wood was. I think it
was about eight o'clock when I went to the "Hall-by-the-Sea," whence I
was conveyed in a fly. I only went to the refreshment bar, and while
there I took a little neat brandy. I can't say when I left, but it was
in a fly. I remember ordering the driver to take me to the “York Hotel."
I cannot say who it was that I engaged to drive me there. I don't know
where I was driven to; but it was to some stable-place. I have no idea
who drove me to it, nor where it was. I had a fainting fit, and when I
recovered Wales was being indecent towards me. I survived till a
policeman came. When I recovered, I said to Taylor, "For God's sake,
take me to some female." He did so. I am sure that Wales is the man who
assaulted me. Taylor was an assistant to me, but I think if I had not
begged very hard he would have behaved the same as the other man. This
might have taken place at a quarter past twelve, as near as I can tell.
Alfred Crow, of 61, High-street, tailor, said:— Last night I heard a
woman screaming violently. It was about half put nine, as near as I can
say. I came down the street, and told P.C. Jarman that a woman was in
trouble somewhere near my back-way. I afterwards accompanied him to
where the screams proceeded from, viz. to a coach-house in the
occupation of the prisoner Wales, at the back of High street. The
constable went into the stable, and I saw the lady lying in the fly, and
heard her speak to him; but I could not hear what she said. Wales and
another man were there.
P.C. Jarman said:— I was on duty in the High-street last evening, about
half-past ten. Owing to a statement made to me by the last witness, I
went with him to the back of the “Royal Oak," and into a coach-house
belonging to the prisoner Wales. I than found that the doors had been
partly shut. I went inside, and saw the prosecutrix lying in a fly, and
Wales standing beside it. Taylor was on the right-hand step, and had
hold of the lady's arms. The horse was not in the fly. The prosecutrix
was greatly excited, and looked as if she had something to drink. I
asked Wales how she came there, and he said she had been there some
time. I told him that if I was him I should get her out. He said, “No
let her be here all night." I said, “No, that won't do,” and I asked the
lady where she was staying. She replied, "At the York.” I said, “Then it
will never do for you to be here all night. You had better come out.” I
then assisted Taylor in getting her out, and said to him. "You had
better get a bed for her, if you can." He then took her to Mrs. Hollans,
in Mill Lane, and I followed close behind. After he had gone I spoke to
her, and asked if she was hurt, when she said she was. She was very
much confused in the house, and while there made a charge against the
men, but in their absence. I then reported the case to the
superintendent, and I, in company with the superintendent, then
apprehended the prisoners at the "Walmer Castle," on the charge of
indecently assaulting Mrs. Wood. Wales wanted to know what they had been
doing; and I told him he must come to the station with me, and he did
so.
Mary Holland proved that the prisoner Taylor brought the complainant to
her house, and took a bed there for her. During a conversation which
took place between them, she stated that Taylor had rendered her
valuable assistance.
Superintendent Saunders deposed to finding the prosecutrix's rings in
the defendant Wales' carriage, one of them being under the mat, which
was fastened down by four straps.
Mrs. Wood was recalled:— Mr. Towne enquired whether she was a married
woman, and she refused to answer unless she was obliged to do so.
Mr. Moss advised her not to answer.
The Major:— You have her answer.
Mr. Towne.— I am surprised to hear from the Bench that a party is
allowed to come into a court of law and she is a married woman, and when
she is asked whether she is married, to refuse, to give her name.
The prosecutrix:— Is there anything which justifies the insulting of a
lady?
The Mayor:— We have given no opinion, and laid down no law. If you put
the question to the Bench, we will consult the Clerk on it.
Mr. Towne.— I have a right to know whether she
a married, where she was
married, and all about it.
The Mayor (after consulting with the Clerk):— We are advised that that
she is not compelled to answer the question; and we abide by it.
Mr. Towne:— I will take a case on it. Of course, the Beech must be
guided by their Clerk, and I have nothing more to say to the Bench on
that point. This is a charge of assault against the defendants. In the
first place, I have to request that the Bench will order Taylor to be
discharged, for there is not an atom of evidence of assault against him;
but, on the contrary, that he acted very kindly and civilly. There is
not a shadow of a charge against him.
The Beach then retired for
deliberation; and, on their return into court,
the Mayor said: We have looked over the depositions and are of opinion
that we cannot discharge him at present.
Mr. Towne:— Very well. Upon my word, it is very difficult for me to
answer the case, so far as Taylor is concerned. I confess that I have
not heard a single charge against him; and that I don't knew what I am
to answer.
The Mayor:— Would you like the prosecutrix's deposition read over?
Mr. Towne:— In case I am mistaken, I should like them read.
They were then read; after which Mr. Towne said: I am still at a loss.
She says that Taylor did not assault her.
Mr. Moss:— But look at the two last lines.
The lines alluded to were than read, and were as follows:—“The other
prisoner (Taylor) did not assault me; but was of assistance to me; but I
believe that, if I had not begged very hard, he would have treated me
the same as the other one."
Mr. Towne:— Now we have it. She was not assaulted by Taylor; but, she
believes that, if someone had not come to her assistance, he would have
done so. That is not evidence against him; and I should like to know
what Punch would say of it. (Laughter). If it pleases the Bench to find
him guilty on such a charge as this, and on such evidence, it will rest
on them, and will go the round of the country, and we shall have
stipendiary magistrates with some common sense and reason.
The Mayor:— Mr. Towne, the case is adjourned.
Mr. Towns:— I am very happy, and hope you will come to your senses when
you return, for anything more abominable than that I never heard in a
court of justice.
The Mayor:— The case is adjourned till tomorrow morning.
Their Worships then left the Bench, and on their return into court, the
Mayor said:- The case is adjourned till 12 o'clock to-morrow.
Mr. Moss:- I don't suppose the Bench will require the
complainant to remain at Margate, if she is anxious to go to London?
The Major:— Oh! yes; she must stay.
Mr. Moss:— I am sure the Bench will see the hardship that is thrown on
her by your adjournment. I shall not be here to-morrow.
The Mayor:— If you can prefer any other day, yon can have it. Mr. Town:— I think the best thing you (the Bench) can do is to
send the deposition to the Lord Chancellor. I shall do so.
The Mayor:— You can do as you like about it; but the Bench are not to be
insulted by you.
Mr. Towne:— The evidence is in black and white, and I should like the
depositions.
The Major:— You can have them if you like.
The Magistrates were about leaving the Court, when Mr. Moss asked that
an officer might be instructed to go to Mr. Lomax's house, and demand
the return of the girl Kennedy's box.
Mr. Towne:— The Bench have no power to do anything of the kind.
Mr. Moss:— You have nothing to do with the case; and need not interfere.
Mr. Towne:— They have no power to do anything of the kind; any more than
they have to send a constable to my house.
The Mayor (after a conversation with the Clerk): We are advised that we
have not the power.
Mr. Moss:— Then, your Worships, I have merely asked, and cannot have.
A fly-driver named Daniel Kelsey having been fined 5s. and 7s. costs for
being drunk and incapable.
Mr. Towne said:— In the case of these two young man I have to ask the
Bench respectfully that they may be put on bail on the charge of
assault.
The witnesses were then bound over to appear on Saturday; after which
Mr. Moss said:— I think, before we retire, I should inform my friend
that, to-morrow, I shall prefer a charge of felony against his clients.
The Mayor (to Mr. Towne):— The Bench are of opinion that it will not be
desirable to accede to your request, and admit them to bail to-day.
Mr. Towne:— That is merely punishing the prisoners for me.
The Bench then left the Court, Mr. Towne the while continuing his
remarks.
SATURDAY.
The case was resumed this morning, (before the Mayor, Captain Brown, Dr.
Price, W. T. Gilder, G. E. Hannon, T. Blackburn, and R. Jenkins, Esqrs.) The depositions having been read. Mr. Towne said:— I have to appear before you for both the defendants
now, and, in the first place, I have to submit to your worships that
against them there is no evidence. One, certainty requires some
observations, which I hope I shell be able to give with proper respect
and deference to your worships. As to Taylor, I have to hope that you
will see there is not a particle of evidence against him: and I have
asked, and I thought with propriety, that he might be discharged
immediately after the close of the case for the prosecution, became it
is hard that a man should be detained on a charge of this nature, and
detained there after the close of the prosecution, especially when there
is no evidence against him. It would he hard if a policeman were to call
at my house, say he had a charge against me, and place me before the
Bench, and, after it had turned out that there was no evidence against
me, that I should be retained as a prisoner. It seems so un-English and
inexplicable that I hoped there would have been sufficient enlightenment
to have induced the Bench to release him from this unpleasant position.
It make's a man's blood curdle when be sees anything like oppression or
tyranny exercised. It is not, however, important that he should be
released before the termination of the case. I no longer care about it,
because I fell that the Bench will discharge both defendants; but it is
an injustice towards Wales, because, if Taylor had been liberated, I
should have called him as a witness in his behalf. Having spoken of the
complainant as a woman of whose character were not irreproachable,
commented severely on her refusal to to state whether she was married,
and expressed his belief in the innocence of his clients, he produced
following evidence:— William Sawyer, a lad and the driver of a fly belonging to the prisoner
Wales, said:— At seven o'clock on Thursday evening, I drove the
complainant from the "York Hotel" in a fly with instructions to go to
the Royal Crescent. At that time, she was tipsy. When we got as far as
the “Kent Hotel," being in an open fly, her hat blew off, and I got down
for it. She that said, “I want to be driven to the "Hall-by-the-Sea.” I
obeyed her order, and, when we got there, her hat blew off again; and,
when I recovered it she said, "Let me have your hand," and I held it
out, for the purpose of helping her from the conveyance. She, however,
was so tipsy, that she fell to the ground in her endeavour to leave the
carriage. My master was across the road, and, seeing what had happened,
he helped me place her in the carriage. She then said, "I want to be
driven to the York, and to Stephens'.” She did not enter the refreshment
bar at the "Hall-by-the-Sea" neither did she have anything to eat or
drink while she was with me. I and my master then got on the box and she
told me to drive on. I did so, and, as we were going towards the "York,"
she hit me several times on the back of the heed with her hand; and I
could not tell where I was driving to, because she knocked my cap over
my eyes. On getting to the "York," she hit my master on the head, and
threw his cap into the road, and nearly fell from the vehicle again. He
then asked her to get out; but she refused to do so, and, as he did not
know what to do with her, he took her to the coach-house. As we were
going from the “York,” be repeatedly asked her to get out; but she
refused to do so. He also drove her to Strephens', but she refused to
get out. As we were going down King-street, he stopped the fly, and
again requested her to get out, but she again refused to do so. My
master then said, as he did not know what to do with her, that he would
drive her to the coach-house, cover her with her clothes, and let her
remain there till the morning. She was then driven to the coach-house.
She was drunk at the time, and asleep in the carriage. We left her about
half-past 8; and I was in bed when the band came up the street at a
quarter to 9. Cross-examined:— I am still in Wales' employ. I have been a driver all
the summer. By the Mayor:— I shall be 16 years old at Christmas.
Cross-examined:— The complainant was very drunk when I drove her to the
stable she was not asleep, but was insensibly drunk.
Joseph Carly, landlord of the "Royal Oak Inn,” said:- Wales' coach-house
is at the back of my premises. At about nine on Thursday evening I went
out the back-way, end heard a noise. As I could not then find where it
proceeded from, I pocured a light, and then, placing it through a hole
in the coach-house window, I saw the complainant sitting at the bottom
of Wales' carriage. She was alone, and appeared to be very drunk. I
asked her how she came there, and she said, “Go away; go away; and left
me be.” She then said she would like some brandy, end I said, “I think
you have had enough already” She did not make any complaint to me at
that time.
Cross-examined:— Wales' stables are at the rear of my premises; but are
not connected with my my house. Wales is not a customer of mine. (Mr.
Towne: He is a rival.) I saw the complainant at a little after nine. She
was in the carriage. I thought it strange to see a respectable female in
that position, and asked her how she came there, and she merely said,
“Go away.” The stables are about 3 feet from my premises. I heard
nothing but a screaming noise.
Mr. Towne:— This is the answer to this case.
Mr. Moss:- I think I have the right of reply; and—
Mr. Townn:— You are not entitled to it.
Mr. Moss:— Then, I will make my observations.
The Mayor:— Before you do so, the Bench would like to be advised.
The Bench then consulted with the Clerk, and the Mayor said:— We are
advised that, if you desire to produce witnesses to contradict this
evidence, you can do so; if not, you have not the right of reply.
Mr. Moss:— I always bow with respect to the opinion of the Bench. If Mr.
Towne had called witnesses merely to character. I could not have
replied; but, as he has called witnesses in defence of his clients, I can do so. I
protest that I have right to make observations on what has occurred.
Mr. Towne:— The 11th
and 12th vis., cap.42, will tell you that you have
no right of reply.
Mr. Moss:— Never mind Victoria, now.
The Mayor (after further conversation with the Clark) —The opinion of
the Clerk is unshaken.
Mr. Moss:— Then, I shall sit down contentedly.
The Bench then retired for deliberation, and on their return into Court,
the Mayor said:— I have to announce the opinion of the Bench. Having
carefully considered the evidence on both sides, the Bench are of
opinion that the prosecuting evidence is not sufficiently strong to
warrant them in convicting the prisoners; consequently, the case is
dismissed. (Applause, which was immediately suppressed). I will now take
this opportunity of saying to Wales that he acted most injudiciously in
taking that woman to his stables in the way he did, and that he has thus
exposed himself to all that has resulted wherefrom. We hope it will be a
caution to him in future. (To Mr. Moss):— Do you think it desirable to
proceed with the second charge?
Mr. Moss:— I think not, under the
circumstances. Perhaps you will order
the officer to give up the rings.
The Mayor (to the Superintendent):— How
many have you?
The Superintendent:— I have two. I found one under the mat in the
carriage, and Jarman found the other in the stable.
The Mayor:— Then give them up to the complainant. That ends the case.
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(age 46 in 1851
)
