Christopher Samuel Graff proceedingsdefend , of St. Andrews Holborn , was indicted for a Rape, committed in and upon the Body of Sarah Pearse proceedingsvictim This name instance is in a workspace. , Aged about 12 Years , on the 11th of September last. The Council for the King opened, that Sarah Pearse lived a Servant with Mrs. Loo, who was a Lodger in the Prisoners House. That the Prisoner the better to accomplish his design, enticed Sarah Pearse, with offering ber more Wages, to leave Mrs. Loe and live with him, which the Child did; that then taking an opportunity when all the Family was out, but himself and the Child, he committed the Fact for which he then stood at the Bar; and then to stop the Prosecution, Arrested the Childs Mother in an Action of Scandal for 40 l.

Sarah Pearse deposed, that about 3 in the afternoon, (no body being at home but the Prisoner and her self,) the Prisoner called her up Stairs, and when she came to him he pulled her into the Parlor, where she saw his Night Gown lying on the Floor, at which being frightned, (as not knowing what he intended to do with her) she cry'd out, and held by the Door, but he loosed her Hands, and told her it would signifie nothing to cry out for no body could hear her, and then tying a Napkin about her Head to prevent her making a Noise, he laid her upon the Floor, laid himself upon her, and thrust something up her Body, which she thought would tear her to pieces, and made her bleed so much, that when he took her up again and carried her into the Kitchen, she blooded all the Stairs as she went down. That he lighted a Fire himself, and made her pull her Cloaths off. and then he got Towels to wipe the Blood from her, and afterwards put some Flower into a couple of Napkins, and tied them fast round her Waste with a Handkerchief, which was produced in Court. The Prisoner then got a Bowl of Water and a Cloth, and washt all the Stairs down where they were Bloody; that he came to her again, and she being very cold after such a great Effusion of Blood, he told her she must go to Bed. and then she'd be better, he then wash'd her Shift and hung it to dry, and took her up to Bed; but she bleeding still, he tore the Sheet and wrapt about her, and covered her up close to make her sweat: a little while after he brought her some Powder, which he gave her in a glass of Water, which made her both purge and vomit so much, that she fill'd the Chamber Pot 3 or 4 times, which the Prisoner carried down and emptied. That afterwards he gave her two pence, bid her be a good Girl and not tell any body, and if his Wife dy'd in Childbed he'd marry her.

Mrs. Loe deposed, that coming home in the Evening, she saw the Prisoner go up and down Stairs in great disorder and confusion, this was on the Monday: and after the Child told of it the Friday following, she the Child said that the Prisoner gave her 2 Pence, bid her say it was done on the Saturday before, when the Prisoner was not in Town.

Sarah Page < no role > , the Childs Mother deposed, that being sent for by Mrs. Loe, the Saturday after the Fact was committed, she found the Child crying, and asking her what was the matter, she said her Master had ruined her, that she this Deponent then askt the Prisoner what he had done to her Child, but he made no Answer. She then got a Warrant from Justice Ellis, upon which the Prisoner arrested her in a 40 l. Action for Scandal. The Childs bloody Petticoat, and the Cloath that was put under her in the Bed, were produc'd in Court.

Humphry Cooper < no role > , Surgeon, deposed, that upon Examining the Child, he found the Vagina extended, torn and bruis'd with a forcible entry. That she had been penetrated even to the inner Matrix, and that he was forc'd to use the utmost Art, both by external and internal Medicines, to prevent a Mortification, and that the Child told him the Prisoner had forced her, but she was ashamed to speak of it.

The Prisoner in his Defence, said that whilst the Child lived with Mrs. Loe, he has called her to him and said, Sarah let me feel you, I'll give you a Penny, thinking she'd run away, but she has stood quietly and let him, that then he said to her, Sarah, go and undress your self and come to me and I'll give you 2 Pence, and the Child has done so, that he had lain with her several times, before that mentioned in the Indictment, on the Table, the Dresser, and the Floor, for a penny and two pence a time, and that she would naturally come to him to earn a penny after that Manner, and he could not be guilty of a Rape, when the Girl was always willing. That when his Wife next Dav suspecting something, by the disorder of the Room and Bed Cloaths, askt the Girl if any body had been rude with her, she said, no; that when several others askt her the same Question, and tax'd her with it closely she answered no. That the next Morning being Tuesday after the Fact, she the Child walk'd with her Mistress as far as Shoreditch; that on Wednesday, he sent her with some Pills to Mrs. Talbots, who ask'd her how she liked her new Master, and the Girl said very well. This Mrs. Talbet Swore to in Court. That if any harm had been done to the Child, it would have shew'd it self sooner. That the Childs Mother offer'd to make it up with him for 5 Guineas, and that Mrs. Loe had quarrell'd with his Wife, and threatned to hang him.

Dr. Dearing depos'd, that going, at the prisoner's Request, to see what Damage was done the Child, the Mother refus'd to let him, saying, that they had already employ'd an able Surgeon, who was Master of his Business. This Deponent added, That it was next to impossible the wounded Parts of the Child should be in any danger of a Mortification (as the former Surgeon depos'd) for a Mortification can't easily ensue after such an Effusion of Blood, and where the Parts are not expos'd to the Air; and had there been any thing like a Mortification, the friction of those external Parts would have fretted, and made them so sore, that the Child could not possibly have gone so far as Shoreditch.

The prisoner brought several to swear, that they had heard the Child say, the prisoner had lain with her several times before, and giving her Money for so doing; but at last he call'd one to his Reputation, who depos'd, that the prisoner was a Man of such extraordinary Modesty, that being at the Christning of this Deponent's Child, he had not boldness enough to kiss the Gossips, but they were fore'd to kiss him. The Jury considering the whole, found him Guilty . Death .