469 (M.) Christopher Pearson proceedingsdefend , breeches maker , was indicted for making an assault on Elizabeth, wife of Joseph Worsley < no role > , and carnally knowing her against her will , June 6

Elizabeth Worsley proceedingsvictim . My husband is named Joseph. Dr. Turner took part of the house of the prisoner in Newman street , a dining room, a little room, a lodging room, and garrets; the prisoner had a shop and a kitchen below, joining to the doctor's; the doctor went into the country, and left my husband to take care of his apartments: the first attempt the prisoner made on me was on Wednesday the 4th of June, I believe between five and six in the afternoon; I was up stairs in the garret, the prisoner took the key of the street door; finding it was gone, I knocked at the prisoner's shop door, and asked who had the key; he answered he had it, that nobody should come in after ten at night; I went down stairs, he followed me into the kitchen, and told me I might at any time go thorough his shop; he was in liquor, and began to be rude with me, but did not get his end on me; then I went into the garret till my husband came home, then I went home to him; he asked me who was in the kitchen; upon which I said, hanging or burning was too good for him, and told him of the prisoner's rudeness; my husband would have taken a warrant against him, but Mr. Ingerfield advised him to forgive him as he was in liquor. On the 6th of June, the Friday following, the prisoner sent me the key again in the forenoon by his boy; I was not very well, having been in a terrible fright from what had passed; my husband came in at dinner; I said, I thought I could eat some gooseberries; when he was gone to his business, I went and bought some; when I came back, the prisoner stood in the shop, the passage door stood open: he then acknowledged his fault, and said he was sorry for what he had done on the Wednesday, and followed me down into the kitchen, I thought he would not then behave rudely; I had the gooseberries in my apron; he came and clapped his hand upon my knee, and began to be exceeding rude; I sat in a chair; he could not get his will on me there, but there was a large chair in the kitchen, which he took and put in the corner of the kitchen, from the window; he took and put me in the chair; he wanted me to go up stairs to a bed, but I said I would not; when in the chair he put down his breeches, and wanted to put his private parts in me; he put his tongue into my mouth, his breath was exceedingly nauseous; I struggled with him as long as I had strength; he kept his tongue in my mouth that I could not cry out.

Q. Did he ever get his tongue beyond your teeth?

E. Worsley. No.

Q. Did you not say he had his tongue in your mouth?

E. Worsley. No, not in the inside my mouth.

Q. Why could you not call out?

E. Worsley. By his wanting to get his tongue in my mouth I could not.

Q. Was any body in the house?

E. Worsley. No, and I thought it of no use, for I had locked my door at coming; after he had his will, which was not with my consent, for I had rather he should have taken my life, a man knocked at the door, in an instant he went up; I was very ill; he came in at another door, and in about five minutes time I went out into Newman-street, and sat down in a chair in Mrs. Rickerby's house; Mrs. Rickerby asked what was the matter; I was near three quarters of an hour before I could speak; when I recovered myself, I said that villain has killed me; I then sent for my husband who came, and he and Mrs. Rickerby carried me home, and Mr. Perrent, a surgeon, was sent for; about three weeks after I had all the symptoms of a miscarriage; I believe I was very young with child, I had been married only from the 20th of April. On Monday the 9th of June we went to Sir John Fielding < no role > for a warrant, but the prisoner did not come to his shop, and was not taken for a considerable time after.

Cross examination.

Q. Whether have you not heard there was a dispute between Dr. Turner and the prisoner about the house?

E. Worsley. No.

Q. Why did you not bite his tongue?

E. Worsley. Because I was so much frighted.

Q. What sort of a chair was that you say the fact was done in?

E. Worsley. It was a high chair with elbows.

Q. Why did you not go out of the room while he was fetching that high chair?

E. Worsley. I was so frightened I could not.

Mary Rickerby < no role > . I live in Chapel-street, about 300 yards from where Mrs. Worsley lives. On the Wednesday Mrs. Worsley complained to me the prisoner had taken away the key of the street door; on the Friday she was with me again about one o'clock, with her husband; she was ill, and thought she could eat some scalded gooseberries; this was about one o'clock, and about two she came back again, and sat down in a chair and fainted away, and was ten minutes before she came to herself; I asked her what was the matter; she said, this villain has killed me and ruined me, and fainted away again; I sent for her husband; then we took her home and put her to bed; she told me that afternoon, that the prisoner had got his will of her: while Mr. Worsley was gone for the apothecary her complaint was that the prisoner used violence to her body, with his hand, and that during the struggle he wrenched her arm, and she was afraid she should miscarry; I did see something, from which I did conclude she was with child, and I examined her linen, and it appeared to have something on it that proceeded from a man.

William Perrent < no role > . I am a surgeon; I was sent for to attend Mrs. Worsley, but do not recollect the day of the month; she complained of a pain in her back and the bottom of her belly, and private parts; the woman where she did lodge had acquainted me the cause of her illness was from the ill treatment she had received from a man who had ravished her, and Mrs. Worsley told me the same; and as she told me she thought she was with child, I thought proper to call in a man midwife; we consulted together, and prescribed for her.

Hannah Ingerford < no role > . I live at the Bible in West-street; I went to see Mrs. Worsley, she looked very ill; she said that villain Pearson pulled me about, and wanted to lie with me, but thank God I got rid of him.

Joseph Worsley < no role > . I am the husband; my wife said to me, the villain had been at her again.

Q. Did she tell you nothing farther?

Worsley. No, not then; she told me the villain had been there, and had had his will of her.

Q. Who was present?

Worsley. Mrs. Rickerby was.

Q. Did you see the apothecary?

Worsley. No, but I left word with the woman I saw there, how badly my wife had been used, and desired he would come to her as soon as he came in.

Q. What did you tell her?

Worsley. I told her where I lived, and how Mr. Pearson had used her; I staid at home from my work a week; she sometimes had five or six fits in a day.

Q. Is she subject to fits?

Worsley. She is subject to hysteric fits. I went directly to Justice Welch, he said it did not signify coming myself, I must bring my wife. On the Monday we went to the Justice, he was not at home; then we went to Sir John Fielding < no role > and had a warrant; the prisoner was taken up on the 16th of July.

Q. How came you not to take him up before?

Worsley. Because he had absconded; I asked 40 people where he was to be found, none could tell me.

Prisoner's defence.

I deny the fact that I am committed for; I look upon it all spite and malice; Mr. Turner wanted to have the place from me.

- Willson. I am apprentice to the prisoner.

Q. Where did he live in the month of June?

Willson. He lived at the corner of Chapel street, Oxford-road; he used to come to the shop twice a day, after the 6th of June, he never absconded at all; he was taken up the 16th of July.

John Heley < no role > . I am a headborough; I was at the Brown Bear < no role > , when Mrs. Worsley came in and said she wanted a word of advice, her landlord which used to let her in about ten o'clock, now keeps the key from her; she said she would have a warrant for him, and said if she could get him out of the house is all she wanted; this was about the the beginning of June, I saw a warrant in her hand but could not go with her.

Richard Thomas < no role > , two Mr. Wells's and Mr. Orchard, gave the prisoner a good character

Acquitted .