John Murry of St. James's Westminster , Esq: alias Sir John Murry proceedingsdefend Barronet , was indicted for committing a Rape upon the Body of Mary Mackneal proceedingsvictim , a Girl above 10 Years of Age, on the 21st of January last; Mary Mackneal declar'd that being left in a Room up two pair of Stairs at Sir John's, he threw her down on the Floor and whipt her, and them took her up in his Lap, and put her Hands behind him, and laid her Leg over his Thigh , and enter'd her Body as he sat in a Chair, her Face being towards him; and said she must not tell his Lady nor her Mother, threatning to put her in Goal if she did; that she cry'd out but no body came; being ask'd how long it was before she spoke of it, she said she told her Mother in a Week: That a Day or two after be made a second attempt upon her in the same Room, but the Maid came up in the interim: That she staid from Wednesday till Saturday, and lay with his Servant; that she never lay out of his House while absent from her Mother. Her Mother deposed she came home on Saturday, shifted her self on Sunday, and when she was washing her Child's Shift on Thursday she was very much surpriz'd, and took her to task, who told her that Sir John had done it: That she sent for a Midwife , but she was not at Home. The Midwife deposed she was sent for on Friday, but was not at Home, and on Saturday the Girl was brought to her; that she believed she was forc'd by a Man; that at first she undertook the Child, but found it beyond her skill, and so advised to make use of a Surgeon . The Surgeon deposed that he found an Inflamation, Running and Redness, that she was very much bruised and swell'd, and a Laceration within, and that the Girl said it was done by Sir John Murry < no role > . Mrs. Fitzgerald strengthened the Mothers Evidence. Sir John pleaded that she was brought to his House by Mr., who desir'd she might stay there two Days, which be readily, provided she would be content to lye with the Maid ; that she staid till Saturday, and then went on her Mother's; that she return'd to his House on Monday and staid till Wednesday , when she went back to her Mothers, and he heard nothing more of her till 11 Days after, when Mr. Plunket came with a Constable to his House to apprehend him: Elis Watts deposed the Girl was not out of her sight the 22nd of January; that she lay with her, she dress'd and underss'd her, that her Linnen was not one of order, neither did she make any Complaint, but was very merry all the while ; that she believed her self very impudently to the Poorman, let John Jones < no role > into the Room in her Shift, who laid there an Hour: brought in Drink, spite it in the Bed, and would have had him pull'd the Clothes off the Bed; they were very familier , he kist her, and put his Hands into the bed where she was John Jones confirm'd what had been deposed as to her behavio ur , and added, that she went away on Saturday and came again betimes on Monday; and what for whether she came so soon from South work she said No; she lay at the pattern (or clog) in korl's Court in Drury-Lane on Sunday Night. Margaret Armstrong < no role > , Servant to the Prisoner, deposed she never heard her Iquall, but that she was always very merry, and rs heard her complaint Margaret Shale < no role > , Servant in the same House deposed the same and that she help'd her to make the Bed on Thursday. There was a difference between the Examination and the Indictment, the Fact being said in the Examination to be committed on the 22nd, and in the Indictment on the 21st. The Jury upon the whole matter brought him in Not Guilty .