392, 393, 394. (M.) JOHN LENNARD proceedingsdefend , THOMAS GRAVES proceedingsdefend and JAMES GUY proceedingsdefend were indicted; the first for committing a rape on the body of Ann Boss < no role > , spinster, against the statute; and the other two for feloniously and maliciously procuring, aiding, and abetting, the said John Lennard < no role > , the felony and rape aforesaid to do and commit, against the statute .

Second Count for feloniously receiving, harbouring, and maintaining the said John Lennard < no role > , knowing him to have committed the felony and rape aforesaid against the statute, June 15 . *

The witnesses were examined apart at the request of the prisoners.

Ann Boss proceedingsvictim sworn.

Q. I think you were at the house of a Mr. Brailsford, in Petty France , as a lodger and boarder?

Boss. Yes.

Q. How long have you lived there?

Boss. Two years and a half.

Q. Do you remember on the 14th of June any alteration happening in Mr. Brailsford's family?

Boss. Yes, that was the day. Mr. Housman was to be left with me, to take care of me and the house, and the maid: I should not have continued there but Mr. Brailsford begged of me to stay. There were some things of my brother's and mine there.

Q. Do you recollect the three prisoners coming, that evening to your house?

Boss. Yes.

Q. They came in with an execution along with Mr. Vere I believe?

Boss. Yes; there were only two in the morning, the other was added afterwards.

Q. Had Mr. Vere left these three men in possession in the night of the 14th?

Boss. The 14th.

Q. Tell my Lord and the Jury what happened on the 15th.

Boss. The 15th was the day they committed the fact; Mr. Housman went away; the maid servant continued in the house with me till near five o'clock I believe.

Q. By what means did she go out of the house?

Boss. I told her to go to Mrs. Wyat's to let her know I would as soon as I had dressed myself come over and wait upon her; then there remained nobody in the house but the three prisoners and me.

Q. Where was you?

Boss. I went up stairs for the purpose of dressing myself.

Q. What room was you in?

Boss. I believe it to be up two pair of stairs; I was so frightened with his entering into the room that I was hardly able to know any thing.

Q. Who entered into the room?

Boss. Lennard.

Q. Was the door shut or locked?

Boss. The door was not locked.

Q. Was it shut to?

Boss. I cannot tell; he proceeded to violence directly; I was so hurried I was almost distracted; I could hardly recollect any thing; from what I recollect as soon as he entered he proceeded to violence immediately; the first victory I perceived he had gained over me was, that his hand was where it ought not to be; I endeavoured to defend myself from that but found it impossible; I perceived then he was going to unbutton his breeches; with that I left myself unguarded, and with one hand seized him by the throat, and with the other endeavoured to prevent him; then I was quite conquered and he proceeded to lie with me.

Q. Did he throw you down?

Boss. That I cannot say.

Q. Was it on the bed?

Boss. Yes, it was on the bed.

Q. Was you undressed; had you your stays off or on?

Boss. My stays were on but not laced.

Q. Did he pull off your stays?

Boss. That I cannot tell; my stays were loose.

Q. Did they come off?

Boss. That I cannot tell, they were quite loose; I suppose they might come loose in my struggling.

Q. Were your stays ever quite loosed?

Boss. No, they were not; when I got up in the morning I did not stay to lace them quite, but wound the lace round.

Q. Had you dined in company with these men that day?

Boss. No.

Q. Had you been in their company that day?

Boss. I had been in the house with them.

Q. But not particularly in company with them?

Boss. No.

Q. You say he proceeded to lie with you, will you now give a particular account of what you perceived?

Boss. I do not know how to describe it.

Q. Did you perceive any extraordinary appearance?

Boss. No.

Q. Did his privy parts touch you?

Boss. Yes, they did.

Q. Were they in your body?

Boss. Yes, they were.

Q. When you found that his privy parts were in your body did you find any particular emotion; did you perceive any thing come from him?

Boss. He was so violent that he hurt me prodigiously; I was very near fainting.

Q. With what did he hurt you; was it with his members, his privy parts?

Boss. Yes.

Q. How long might he continue on the bed with you?

Boss. I cannot tell.

Q. Can you give any sort of guess at the time?

Boss. I was so distracted with attempting to get out of their hands that I had no recollection at all.

Q. When his privy parts were in your body did you feel any thing come from him?

Boss. I cannot say I did.

Q. Did you afterwards examine your linen; did you look at your shift?

Boss. Yes.

Q. Was there any thing wet or any appearance of any thing wet?

Boss. Yes, there was.

Q. How soon after this did you examine your shift?

Boss. I found myself wet; I perceived myself wet.

Q. Was it blood upon your shift or what?

Boss. Not blood.

Q. How soon was it after that you looked at your shift?

Boss. I did not look at my shift at all; it was from my own perception I found it wet.

Q. You said it was not blood; how do you know if you did not look; was it at any time after you looked at it?

Boss. The next morning.

Q. Did he leave you as soon as he had lain with you, or continue any time after in the room?

Boss. I cannot tell.

Q. Do you know whether you actually did faint or not?

Boss. I know I felt so ill I thought I was dying, and I believe I fainted more than once.

Q. Had he knowledge of you more than once?

Boss. Not that I know of.

Q. Was you in any sort consenting to his carnal knowledge of you, or did you resist him to the utmost of your power?

Boss. I resisted him to my very utmost.

Q. Did you during the time he was struggling with you make use of any outcry or endeavour to alarm?

Boss. I cried out all I could.

Q. What did you cry out?

Boss. I cannot express the words I made use of; I made use of many out-cries. When I had got down in the parlour (I do not know how I got down) I recollect very well that he endeavoured to sooth me, and said there was no harm done; I called out then, and said, you villain you know you have ruined me.

Q. Was it a front room or back room?

Boss. A back room.

Q. Was it the room you usually lie in?

Boss. I believe it was in that room. The three prisoners, when I endeavoured to get out, all three endeavoured to prevent me.

Q. That was afterwards?

Boss. Yes; I can say very little about the other two men; some one of them, but which it was I do not know, d - n'd me for a bitch, and bid me not make such a noise.

Q. This was after he had lain with you?

Boss. Yes.

Q. Have you any recollection which that was?

Boss. I cannot tell.

Q. Was it Lennard himself?

Boss. I really cannot tell.

Q. Was your lodgings up two or one pair of stairs?

Boss. Two pair.

Q. Have you any room but a lodging room?

Boss. No.

Q. After he had lain with you, I believe it was sometime before you was permited to get out of the house?

Boss. Yes.

Q. Did you make any attempt to get out of the house?

Boss. Yes, as much as I could.

Q. By what means was you prevented going out of the house, and by whom?

Boss. I was crying and was just distracted; I cannot give an account by whom.

Q. Do you recollect finding yourself some time in the garden?

Boss. Yes.

Q. How got you there?

Boss. I believe Lennard led me there; when the mob was raised they endeavoured to drag me out; Mr. Giddes's servant maid, whose name is Molly, called to me, and endeavoured to help me over the wall when I was in the garden.

Q. Were any of the prisoners in the garden with you?

Boss. One was.

Q. Was there any thing particular in his behaviour then?

Boss. I cannot tell.

Q. I believe you continued at the house of Mr. Giddes all the night before?

Boss. Yes.

Q. Did Mrs. Sandys come there?

Boss. Yes.

Q. I believe it was not till the next morning that you had any particular conversation with Mrs. Sandys?

Boss. No.

Q. Did you tell her what had passed between Lennard and you?

Boss. Yes.

Q. Was that the first time you told any body of it?

Boss. I really cannot tell what I said over night; but I recollect giving a particular account to Mrs. Sandys the next morning.

Q. Do you recollect particularly what you called out when you was up the two pair of stairs?

Boss. I cannot tell particularly; I know I made use of a great many expressions.

Q. How did you find yourself the next day, or some days afterwards?

Boss. Very ill; I was so sore that it was with great difficulty that I walked.

Q. Was that soreness in your privy parts?

Boss. Yes.

Q. Had you any particular pain when you had occasion to void your urine?

Boss. Yes.

Cross Examination.

Q. What time was it that he came into the room where you were?

Boss. About five in the afternoon; it might be after five; I cannot be particular.

Q. How long had you been in the room before he came into it?

Boss. I cannot recollect.

Q. Where had you dined that day?

Boss. I had ate no dinner.

Q. Was you upon the bed when he came into the room?

Boss. I believe not.

Q. How came you upon the bed?

Boss. I have no recollection of that; I believe he forced me there.

Q. You only believe it?

Boss. I cannot be positive.

Q. When he came into the room first of all one would think you could recollect because your fright could not be so great then, not knowing what his intention was?

Boss. My fright has robbed me almost of all recollection of what passed before and after; I am pretty sure I was not upon the bed.

Q. Can you recollect what room it was?

Boss. Not certainly.

Q. Can you recollect your purpose of being in the room?

Boss. To dress myself.

Q. Then one would think you would go to that room where you usually sleep?

Boss. I believe myself to have been there.

Q. Had you dressed yourself different from what you had been in before that day?

Boss. I had not.

Q. Have you no recollection how long you had been in the room before he came in?

Boss. No.

Q. I would not say any thing to give you offence, but upon your oath had you drank with the man that day?

Boss. I cannot say whether I did or not; I recollect what passed at Justice Fielding's; Lennard there said that I desired him to bring me some rum and water; when I thought I was dying I might desire him to bring me some, but I do not recollect it.

Q. Can you recollect whether before this matter passed you had desired him to bring up a little rum and water to your bedside?

Boss. I do not believe any such thing.

Q. I am told there was a good deal of rum in the house: now before this thing happened have you no recollection of ordering, or desiring him to bring you a little rum and water?

Boss. I have not; I do not believe I did such a thing; the maid and I had a dish of tea in the kitchen; that was all the dinner I had; she knows I had nothing that day to disorder me at all.

Q. Is she here?

Boss. I cannot find her any where; I do not know where she is; I have sent many times to enquire after her.

Q. You say that your stays were loose, that you had wrapped the lace round you?

Boss. Yes.

Q. Had you had no time from the morning till five in the afternoon to lace your stays?

Boss. He followed me so quick I apprehend I had no time to dress me.

Q. That is from mere apprehension?

Boss. It is not from mere apprehension I say that.

Q. Had you conversed much with Lennard during the morning, or been in company with him?

Boss. I might talk with him being backwards and forwards in the house, but not to ask him to drink; I am sure I had no other thought than to induce him to behave well till I could get out of the house.

Q. from the Jury. Were all the three prisoners in the house during the time?

Boss. Yes, they were in the house.

Q. Neither of the other men were in the room?

Boss. Not that I know.

Q. The other part of the day were the prisoners in the kitchen floor or the parlour floor?

Boss. They sat in the parlour, but walked up and down.

Q. When Lennard came to the room can you recollect whether be shut the door or not?

Boss. I really cannot.

Q. Is the parlour in the front or back room?

Boss. The back room.

Q. As you had sometimes conversation with Lennard in a free manner, had he offered any civilities to you?

Boss. No.

Q. Had he offered to kiss you?

Boss. O dear, no.

Q. Did he drink tea with you and your maid?

Boss. No.

Q. You drank tea in the kitchen?

Boss. Yes.

Q. Were they in the kitchen at the time or in the parlour?

Boss. I do not believe they were in the kitchen.

Mary Cobbs < no role > . I am servant to Mr. Giddes, that lives next door to Mr. Brailsford.

Q. Did you know Miss Boss before?

Cobbs. Only by sight, I bad never spoke to her.

Q. Do you remember any thing that passed on the 15th of June?

Cobbs. Yes.

Q. Do you recollect hearing any thing particular that took your attention?

Cobbs. Yes.

Counsel. Give an account of what you heard and what you did.

Cobbs. I believe it was between seven and eight o'clock I was coming down stairs; I heard the cries of some woman, and as there is but a thin partition, I heard her say, I can't, I can't. I immediately ran down stairs and gave a knock at Mr. Brailsford's door.

Q. The fore door?

Cobbs. Yes; the men did not come so soon as I thought they might; I knocked again; two of them immediately came; Lennard is one, and I think that man with his hair tied (Guy) is the other; they did not come to the street door, they lifted up the sash of the fore parlour window on the ground floor; they did not come out; I asked to speak with the maid; they said she was not in the house; I asked where she was gone? they said she was gone somewhere, they did not know where; I asked them what woman they had got in the house that was screaming so; they said there was no woman at all in the house, only a girl that was drunk spewing all over the floor.

Q. Who said that?

Cobbs. Lennard said that; I said do not tell me of a girl being in the house spewing all over the floor, I won't cease till she is out of the house; they shut down the window and bid me go along about my business.

Q. Which shut down the window?

Cobbs. I think Lennard, but am not sure. I went into the house where I lived and shut the door, and went into the garden to listen if I could hear any thing of her there, but could not; Mrs. Sandys and Miss Wyat came and knocked at our door; I went down and opened the door to them.

Q. What part of the stairs was you standing on when you first heard these cries?

Cobbs. The two pair of stairs; when I came down the two pair of stairs I heard these cries.

Q. You called them screams, did you hear any more screams?

Cobbs. Not in the house; Mrs. Sandys and Miss Wyat asked me what was my reason for knocking at the door and putting myself in such a passion; I told them the men had got some woman in the house, whom I believed they were not using well; Mrs. Sandys said she would go to the officer's, to Mr. Vere, and fetch him; when she was gone, the mob raised before the door, and then they let Miss Boss into the garden.

Q. What raised the mob, the outcries or the knocking at the door?

Cobbs. There was a woman stood opposite that heard what I said.

Q. I suppose the information spread and that was the way the mob was raised?

Cobbs. Yes.

Q. Did you see Miss Boss when she was in the garden?

Cobbs. When she was at the bottom of the garden, the gate that leads into the park, I saw her crying , wringing her hands, and begging to go out; the man said he had not got the key.

Q. Was any body with her then?

Cobbs. John Lennard < no role > was with her then.

Q. Do you recollect whether he had hold of her?

Cobbs. I do not recollect.

Q. How did she appear?

Cobbs. She had no cap on; she had a handkerchief tied about her head; she had neither apron nor handkerchief on.

Q. How did she appear as to her mind, as to her manner of behaviour?

Cobbs. I really thought she was drunk, but next morning seeing her in such great distress, I then thought she was not.

Q. The next morning was her distress and behaviour the same as it was that evening when you saw her first in the garden, when you supposed her to be drunk?

Cobbs. Yes, it was of the same sort.

Q. Did you attempt to give her any assistance to get over the garden wall into your house?

Cobbs. While John Lennard < no role > was gone back for the key of the gate, I called to her, and said I would try to pull her over the wall; she immediately came to me; the men came so quickly back with the key, and having threatened me before, I desisted.

Q. Where had they threatened you before?

Cobbs. Two of them came into the garden before, with two drawn swords; a gentleman that stood by me d - d them, called them a parcel of villains, and asked them why they would not let the woman out; that gentleman was in my master's garden.

Q. Do you recollect his name?

Cobbs. He is some captain of a ship.

Q. Do you recollect which they two were?

Cobbs. Lennard and Guy.

Q. What answer did they make?

Cobbs. They d - d him for a villain, and said if they had him there they would run him through the liver, or something to that purpose; on his coming back so soon with the key I let go of her; I had hold of her hand; they had got down together to the gate, she begging and praying to be let out; I not knowing whether he would let her out or not, called to the centinel standing in the park; upon his coming up, Lennard opened the door and let her out.

Q. The other two prisoners were not in the garden at the time she was let out?

Cobbs. No, I only saw Lennard.

Q. Which of them was it d - d the gentleman, and said if they had him there they would run him through the liver?

Cobbs. I think Lennard, but I will not be positive.

Q. Was there any threat made use of to you about holding her hands?

Cobbs. Not, that I know of.

Q. This young lady continued at your master's house all night?

Cobbs. Yes.

Q. What was her situation during the night?

Cobbs. I brought her into the parlour, and set her down on the chair; she wrung her hands, and cried, and said she was ruined and undone for ever.

Q. What time of night might this be?

Cobbs. Between nine and ten, almost ten.

Q. Did she tell you the particulars of what had happened to her that night?

Cobbs. No.

Q. Did you think she was sober then or drunk?

Cobbs. I really thought she was drunk; I thought she had been drunk, but by her behaviour in the morning I had reason to think she was not.

Q. What shop did Mr. Brailsford keep; what business did he follow?

Cobbs. I believe no business at all.

Cross Examination.

Q. Was it from her appearance only that you thought she was in liquor that night?

Cobbs. Yes.

Q. Did her breath smell of any strong liquor?

Cobbs. No; it was the treatment that she had received I believe that made her behave in that manner.

Thomas Walters < no role > . I went to Mr. Brailsford's with a bill; I knocked at the door, not knowing any person was there that had the possession of the house.

Q. What time was this?

Walters. Between seven and eight in the evening the 15th of June; Lennard came to the parlour window; I asked for Mr. Brailsford; he said there was no Mr. Brailsford there, in a slight answer; I said I had a demand upon him; there were a few people about the house; in about four or five minutes Guy came out with a drawn sword or cutlass or some such weapon, and asked who wanted Mr. Brailsford; I told him I did, I had a demand upon him; he said he would pay me, or some slight answer.

Q. Did he stand in or out of the house?

Walters. He stood at the entrance of the door, with the door in one hand and the cutlass in the other.

Q. What did you understand by that?

Walters. I said put down your sword and come here; I do not know but I am as good a man as you; and I might swear an oath I believe; he shut the door; then I went through the gentleman's house adjoining to Mr. Brailsford's; he was a foreigner; he did not understand much of English, and they told me there was a woman there, they were using very ill; there is a wall that parts the garden of Mr. Brailsford's and this gentleman's; it was so high, I could not look over it; there was a settle or chair, I stood up upon it; the injured lady that I supposed to be, was then in the parlour; I heard her say to somebody you have ruined me! you have ruined me! this was about eight o'clock as nigh as I could guess; then I went to the door again, and said it was a pity but somebody would go to a Justice of peace and take the woman out by force: I came through the garden again and heard the lady still exclaiming in a deplorable condition, making an outcry in the same manner as before. I heard one of them saying d - n you what are you crying about, why don't you lace your stays up?

Q. You cannot tell which said that?

Walter. No; there was another made answer and said d - n you what are you crying about? we will not hurt you, here is a bed in this house, you may lie in it.

Q. Was the voice you heard the second time different from the first, that you could distinguish they were different persons spoke?

Walters. I think it was; but I cannot be positive; I went to the door as formerly, and there were a great concourse of people there; I lifted up my foot to the door to see if I could push it open, but I could not; I went back to Mr. Giddes's garden again; there is a terrace there; I stood upon the top of the terrace, it is a kind of a mount, and called to them and asked them why they did not let the woman out; they said there was no woman in the house; all the three prisoners came out together; one of them said so.

Q. One of them in the hearing of the rest said that?

Walters. Yes; one advanced further to the terrace than the rest, I cannot tell which.

Q. Did he speak loud enough for the other men to hear?

Walters. Yes, or else I could not have heard him where I was; I said there was a woman in the house, for I heard her cry; I went through the garden and went round to Mr. Brailsford's back door; when I returned back again the woman was brought into the garden; I came back again and told them if they would not open the door, we would haul the woman up over the wall.

Q. Which was with her when she was brought out?

Walters. I believe two men; I cannot positively say who; the woman that was | standing by, I believe; had hold of Miss Boss's hand; she called to me for assistance, and before I could possibly come she let go her hand; then I told them if they did not let the lady out immediately I would call to the sentry.

Q. This was about half an hour or twenty minutes after eight?

Walters. I cannot be positive to the time. Then I went round and looked through a hole in Mr. Brailsford's back door, and saw her there crying and wringing her hands, and one of the prisoners said they had no key; then I came back again, and by the time that I came back she was let out.

Q. When you first saw these three men come into the garden upon your calling out, had they any arms?

Walters. Yes; they had at that time all three cutlasses in their hands.

Q. Did you see her in Mr. Giddes's parlour?

Walters. No; her hair was all loose, her stays all loose, and her handkerchief off; I asked her how she did? she said, where am I got too? The woman that had her, wished me good night and I came away.

Q. How did she appear?

Walters. In much distress of mind; before I saw her I talked with the three prisoners, and asked them how they could be so base and so vile; to use a woman ill; they said they had used no woman ill; that was just as they let her out; I was on the top of the terrace when they let her out.

Q. Which said that?

Walters. Guy; then the other made answer, O let him alone, he is some barbering son of a bitch or another; he took me to be a barber I suppose.

Q. Did both of them say so?

Walters. Yes; I did not know at this time that the woman was out; they were in their garden then; I told them they were quite mistaken, for if I saw them in another place I would convince them to the contrary; one of them was coming over the wall with his drawn cutlass; it was then duskish; I cannot tell which that was; and as I came close by the wall he made a blow at me; I came down from the terrace and then met Miss Boss.

Guy. I know Miss Boss left the place between six and seven.

Q. from Guy. Was I ever in the garden?

Walters. They were all three there twice.

Q. from Lennard. Whether he saw Miss Boss in the garden when he came on the terrace, and who let her out?

Walters. I cannot tell who let her out.

Q. from Lennard. Whether he saw us three at the bottom of the garden?

Walters. Yes; two went after the keys to let her out.

Joseph Goodland < no role > . I got into Mr. Giddes's garden between eight and nine I believe; I first heard a young lady scream very much before I saw any thing of her.

Q. Where was you then?

Goodland. In Mr. Giddes's garden.

Q. Did you hear her scream as from the house?

Goodland. Yes; then I saw two men and her come out of the house with cutlasses in their hands one on each side of her.

Q. Which were they?

Goodland. I cannot tell their persons; after that one man came out with a cutlass; there were three in all out. Mr. Walters, and the girl with me, asked why they did not let the lady out; they said they could not find the key of the door; then Mr. Waters and the girl tried to get the young lady over the wall; upon which one of them swore he would cut the girl's arm off if she reached over the wall, or cut her liver out if she attempted to get her over the wall; I do not know which said that; they called to the centinel, and then she was let out.

Cross Examination.

Q. She was at the same side of the wall at the time of this expression as the prisoners?

Goodland. Yes.

Q. Then if they had chose to hurt her they might?

Goodland. It was spoke to us; to the servant maid, I believe.

Mary Sandys < no role > .

Q. Are you acquainted with Miss Ann Boss < no role > ?

Sandys. Yes; I keep a house in the same street. I went between five and six o'clock to enquire for Miss Boss, being informed in the morning that she and the maid were left in the house: I went first to Mrs. Wyat's; she told me the affair that had happened; there was Miss Boss's servant maid; she said she would not lie in the house another night for a great deal, from some behaviour she had seen the night before.

Q. Did she explain what that behaviour was?

Sandys. No; I did not ask her, nor did she explain any thing; I then thought it was unsafe for Miss Boss to be there all night; I had no intention before of asking her to come to my house; I asked Mrs. Wyat whether I should be admitted to go over and ask Miss to come to my house; her daughter went with me to Mr. Brailsford's; Lennard opened the door to me.

Q. What time of the day was that?

Sandys. Between five and six I believe; I asked him if Mr. Vere was there, knowing him; he said no; I asked for Miss Boss; he said she was just gone out; I replied, good God, which way can she be gone, she promised to come over to Mrs. Wyatt's to drink tea; I think it very ungenteel of her: she did not come out of this door or else we should have seen her; no, says he, ma'am, she is gone into the park with a small bundle in her handkerchief; I asked him if he thought I could overtake her, and how long had she been gone; he said six minutes; I then begged of him to let me out at the garden door; he ran to the door with me; when he came he had forgot the key; I went to the garden, but the door was locked; he returned and brought the key and let us both out.

Q. You did not hear any noise in the house as you passed through.

Sandys. Not the least; I enquired as soon as I got into the park, of a man that was working there, if he had seen a young lady come into the park; he said there had not that half hour; I went round the park and looked for her; I came home then, and went down to enquire, being uneasy on account of what I had heard the maid, express; I went again a second time; I enquired for Lennard, as I had seen him before; he came to the window; I asked him if Miss Boss was come in yet; he told me no; he flung up the sash of the hall window; I asked him if she left word when she should return, and left word for him to tell her when she came in, that I wanted to speak to her; one of them, I think Graves, said, I could not speak to one that was not in the house; I did not rightly observe who that was, as I did not then suspect her to be in the house.

Q. That was not Lennard?

Sandys. No. I went for Mr. Vere, and brought him down about ten o'clock at night, or a little after; they acquainted me then that she was got out, and the manner in which she had been got out. I went to Miss Boss to Mr. Giddes's.

Q. How did you find her?

Sandys. In great trouble, wringing her hands, and saying she was ruined and undone for ever.

Q. Do you know what became of the maid that you saw at Mrs. Wyatt's?

Sandys. I never saw her afterwards.

Q. Was she gone from Mrs. Wyatt's before you went out?

Sandys. I believe I left her there.

Q. Did she appear to you as a person in distress or in liquor?

Sandys. In distress entirely; I was clear of it.

Q. Perhaps as you have known her long you can inform us whether she is a person addicted to liquor?

Sandys. Not in the least; I would not say it for the world if I did not think so; I have heard my husband speak much of her being a very sober, virtuous, spotless girl.

Q. Did you ask her that night in what manner she was undone?

Sandys. There were so many people about, a gentleman or two, that I did not thing it was so proper; I was happy she was so safe out of the house. Next morning Mr. Giddes's maid came to me, and told me the trouble that my friend had been in all night. My husband desired me to get up and go to her. I several times asked her what she meant by being ruined; she said nothing but these villains! these villains!

Q. Was she in bed when you came to her?

Sandys. Yes, crying, and in the greatest distress I ever saw; then I said what has these villains done to you; I was in hopes last night you had got out of the house in good time, and had not been injured; O said she one man! one man! well, what has this one man done to you; Mr. Giddes's maid sat at the side of the bed; I looked at her to leave the room; she did; then I asked her if this one man came into the room; she said yes; I said, did he dare to come to bed to you; she said he did; did he dare to do all that was bad to you; he did Mrs. Sandys. I expressed to her she ought to get him punished; and asked her what defence she made for herself; she said she did all in her power; nay, says she, once I caught him by the throat, and then, says she, I was in hopes I had done for him; that was all she expressed of the affair to me that morning.

Q. Did you that morning, or at any other time, examine Miss Boss?

Sandys. I did not examine her.

Q. Had you occasion to look at her linen?

Sandys. I did not.

Court. The question you asked Miss Boss was this, did he dare to come to bed to you? had you the curiosity to enquire about what time this was?

Sandys. No; I said I would send some more able persons to discourse with her.

Amelia Wyatt < no role > . It was my daughter went over with Mrs. Sandys to Mr. Brailsford's.

Q. The next day did you see Miss Boss at Mr. Giddes's?

Wyatt. Yes.

Q. Had you any conversation with her the day following?

Wyatt. Yes, I had, about ten o'clock in the morning, I believe.

Q. Was she in bed or up?

Wyatt. She was up; she appeared very much in distress.

Q. Who was in the room with her?

Wyatt. Mary Cobbs < no role > and Mrs. Leg that went with me.

Q. What account did she give you?

Wyatt. I asked her how she did; she said she had been very ill used by these men; I asked her in what manner; has any of them lain with you? she shook her head in a great deal of distress, and said yes. I turned to Mary Cobbs < no role > and asked her whether Miss Boss had told her that any of the men had lain with her; she said yes. I said if any one particular man has used you ill, and has ravished you, and had any knowledge of your body, in justice to yourself, and in justice to the world, take him up.

Q. Did she tell you any thing of the particulars of it?

Wyatt. Yes, she described the man which I believe to be Lennard.

Q. Did she say whether it was by her consent?

Wyatt. I asked her that, and she said no, very far from that; I told her a man's life was depending, and she ought to take care and be particular.

Q. Did you ask her about what time it happened?

Wyatt. She said, to the best of my knowledge about tea time; when she was to have come to me.

Q. Did you examine her?

Wyatt. Only by words.

Q. Did you look at her linen?

Wyatt. No.

Q. You had been acquainted with her a great while?

Wyatt. About three or four weeks: I keep a shop on the other side of the way.

Q. Did you ever see her disordered in liquor?

Wyatt. No.

Q. Did you ever hear she drank?

Wyatt. No.

Q. What is become of the maid servant, do you know?

Wyatt. She went away after she had drank two or three dishes; I have seen her but once since?

Q. Was she examined then?

Wyatt. No.

Q. Did Miss Boss the morning following particularize to you how she found herself?

Wyatt. That the man had used her very ill; she described that she was very much disordered, very much swelled and sore round her waist, and with great difficulty made her urine.

Q. Did the maid servant explain what she meant by the bad behaviour she had seen in the house?

Wyatt. No; it was because of an alarm or disturbance the night before.

Q. from Lennard. What did you go there for?

Wyatt. There was a trifle owing me: I keep a shop; I asked Miss Boss about it; she seemed frightened; I said don't be afraid, they are Mr. Vere's men, and I believe him to be an honest man. I went into the back room and the prisoners were there.

Lennard. Let her tell how Miss Boss and she got drunk together.

Wyatt. I will tell your lordship all that passed: Miss Boss told me she had nothing to give me; I said ma'am, I don't want any thing; I went up stairs and enquired of the men after Mr. Vere's family; when I came down again she had a bottle of rum; she endeavoured to draw the cork; she could not draw it, and I either broke it or pushed it in, and she gave me a little of the rum, about the 6th part of a gill; Miss Boss was sick; I advised her to drink a little; she drank a little but brought it up again.

Q. How long did you set together?

Wyatt. Not a great while.

Q. Did you see her drink any more rum but that little you mentioned.

Wyatt. No.

Q. Did you drink any more?

Wyatt. No, I did not.

Q. Had you and Miss Boss drank rum together before?

Wyatt. I never drank any thing with her before.

Q. Was the bottle of rum full when it was opened?

Wyatt. I cannot tell; I went again in the afternoon to see for her; I believe about two o'clock.

Q. Did she appear to be perfectly sober?

Wyatt. I do not know any thing to the contrary, but she was uneasy about Mr. Brailsford; I attributed it to that.

Q. Did she appear to you to be perfectly sober or otherwise?

Wyatt. She appeared to be very unhappy, and said she did not like to stay in the house.

Q. Did you think her perfectly sober in the afternoon, or otherwise?

Wyatt. I thought her so the same as in the morning, only distressed upon Mr. Brailsford's account.

Q. Did she talk coherently and sensibly?

Wyatt. Very sensibly.

Q. How was she dressed when you first came in the morning?

Wyatt. In a black silk night gown.

Q. Was she laced?

Wyatt. I cannot say; I do not take particular notice of people's dress.

Q. Had she a cap on then?

Wyatt. Yes.

Q. Had she a handkerchief round her bosom?

Wyatt. Yes.

Q. What room did you go up into?

Wyatt. In the first floor back room I believe.

Q. She said she had got nothing to give you for they had got the keys, where did she get rum from?

Wyatt. When I came down I asked her where she got it; she said I asked them for it, and I believe it was Lennard gave it her.

Q. How long might you stay with her the second time?

Wyatt. I believe about half an hour.

Q. You had a good deal of conversation with her at this time?

Wyatt. I desired she would dress herself and come over to me.

Q. Was she up or lying on the bed?

Wyatt. Sitting down upon the bed when I was there, and I would have had her lain down and composed herself, as she said she had had no rest the night before; she said no, she could not think of sleeping in the house.

Q. Did she ask you to drink rum this afternoon?

Wyatt. No.

Q. Where have you seen the maid since?

Wyatt. She called one day, but did not sit down; one day when she was going to Sir John Fielding < no role > 's I believe.

Q. Was the maid carried to Sir John Fielding < no role > 's, or did she go there?

Wyatt. She went down to go to her lodgings; she said she had to go as far as Temple Bar.

Q. Where was Miss Boss when you came in the afternoon?

Wyatt. In the kitchen to the best of my knowledge?

Q. Were the men with her?

Wyatt. I did not see the men with her; that was the first time I was there I saw Lennard in the kitchen doing something; he said nothing to me nor to her.

Cross Examination.

Q. Did she drink nothing in the afternoon?

Wyatt. No.

Miss Boss is sent for into Court again.

Q. You was certainly very much frightened and distracted at this outrage offered you; what was the first thing you recollect after the time this fact was committed; where do you recollect finding yourself?

Boss. The first recollection I have was in the parlour.

Q. Now can you recollect how you got into the parlour?

Boss. I cannot.

Q. What are the circumstances that you recollect first to have happened in the parlour?

Boss. Nothing more than his behaviour, that being bad, and bad language.

Q. Do you recollect, during the time you was in the parlour, making use of those expressions I can't, I can't.

Boss. I do not recollect those expressions.

Q. You remember some particulars very correctly, can you recollect whether you was lying down or not in the room above stairs when Lennard came in?

Boss. I believe not.

Q. Can you recollect?

Boss. I cannot.

Q. You was asked whether you could recollect the circumstances of having drank some rum and water before this fact was committed; you said you did not, but was not sure whether you might ask for some when you thought you was dying?

Boss. I don't recollect whether I did or not.

Q. Do you recollect drinking any thing in the morning?

Boss. Mrs. Wyatt was there in the morning, I was exceeding sick; I drank about a spoonful, which came up almost as soon as I had drank it.

Q. I think you said when I asked you whether any civilities passed between you and him, you said he was rather civiler than he was the night before?

Boss. My maid said something; they were up in her room; Mr. Housman was to have staid to defend me and they sent him away.

Q. Did the maid lie with you the night before or by herself?

Boss. By herself.

Q. And you laid by yourself; did you fasten your bed chamber that night?

Boss. No, I never do.

Q. Where did you get this bottle of rum from?

Boss. From Lennard.

Q. Did you drink any more of the rum, either in the morning or in the afternoon, besides that quantity, when Mrs. Wyat was with you?

Boss. I did not, unless it was when I was insensible, and did not know whether I had it or not.

Q. What did you do with that rum after Mrs. Wyat went away?

Boss. I left it on the kitchen dresser.

Q. You said you had nothing the whole day but the tea and bread and butter, where had you the tea from?

Boss. The maid went out and bought it?

Q. How long was it that you recovered your recollection, before the time you was let go?

Boss. I really cannot tell.

Q. It seems extraordinary, that you should have no recollection after the fact, till you found yourself in the parlour; do you apprehend you was in a fit?

Boss. I really cannot tell.

Lennard's Defence.

When I was put in upon the execution by Mr. Vere, these two gentlemen were in first; and Mr. Vere not finding them sufficient people to take care of the premises, left me to take care with them; a man in boots, I do not know him if I was to see him again, was along with Miss Boss, and had been with her all day, Houseman I believe his name is, I did not know him, what he was, nor ever asked him what he was; they dined together in the back parlour; we had some cold veal together; this was the 14th, the day the execution came in; after they had dined they went up stairs together, they drank pretty hearty below; then they took up a bottle of rum and the glass with them, and I never saw Miss Boss, nor this Housman, till two in the morning; then we three went up stairs to know the reason of his staying there so late, he said he was left there to take care of Miss Boss; I said his pulling his boots off to get into bed to her was no care at all of her; he had one boot off and was pulling the other off, and Miss Boss was very drunk; we told him he must come out of that room; he said he would be there; when he found we would not let him be in the room he drew the other boot on, and came down stairs; then he said, now you villains, when he got to the door, I will bring people that shall get you out of the house: it was our business to take care of the sheriff: presently after I heard a double tap at the door; I heard Housman say he was there: he brought a whole parcel of people there: we would not open the door to him, he staid there from a quarter before three knocking at the door; at last the mob dispersed, he came about ten the next morning; I opened the door to him, he said he wanted to come in, I told him for his ill behaviour he should not come in; he said he begged my pardon, it was not him but the liquor and he was sorry for it; I let him in and he went up stairs to Miss Boss, and staid there ten or twenty minutes. I let him out to the Park and never saw him afterwards. The next day this Mrs. Wyatt came and knocked at the door, I opened it; she asked me for Miss Boss, I said I did not know whether she was up or not for I was in the back parlour; but she had got down stairs without either cap or any thing else, and her hair all over her eyes; this Mrs. Wyat went down stairs to her; presently I was called; they asked me to let them have a drop of rum; she said these people where she was had robbed her of all her property, and she was ruined and undone; I said I could not help that: she said you behaved very well young man, I shall for ever regard you for your civility last night; she went into the cellar with me and Mrs. Wyatt, and put her hand upon the top of a puncheon, and took up a bottle of rum, and she gave me and my partners another between us to drink: they took this rum into the fore kitchen, and this woman staid about an hour and an half; I saw Mrs. Wyatt almost drunk then, and let her out; she came back again and went down stairs; I went down, and we got dressing a mouthful of cold veal for our breakfasts, and Miss Boss was so drunk she could not speak, and was crying, and said she was ruined and undone; I asked her at last where was the rum; she said, I do not know what is become of it. Mrs. Wyatt was so drunk she could not stand, and Miss Boss was drunk, with her head on her hand, something slipping down; at last Mrs. Wyatt came up stairs; that was the second time of returning. I did not see her in the afternoon; she fell in the passage she was so drunk: in about half an hour after Miss Boss came up stairs, and in catching hold of the bannister, fell upon her hands and knees. I heard something fall; there she was lying and could not get up she was so intoxicated, and crying; we helped her upon her feet, and she came into the back parlour and sat down upon the chair; she was not capable of walking up stairs; these men and I led her up stairs; we let her go at her room door; instead of her throwing herself on the bed lengthways, she threw herself upon her face, and cried out, murder! we left her; she said, for God's sake bring me some rum and water! I brought her up some rum and water, and I never saw her more. After that these men came up, and said let her lay there; I never saw her any more till she came down into the yard; she came into the back parlour between five and six, and she had then no hat or cap on.

Graves's Defence.

I was in the house, in possession, at the same time, and this Miss Boss went up stairs; he and I led her up stairs; she laid herself upon the bed, and he left her: he carried her some rum and water as she asked for; I came down that instant, and never saw her from that time till about five in the evening. People knocking at the door, and throwing mud at the door, we brought down cutlasses to defend ourselves.

Guy's Defence.

I was in possession the same as the other; she got drunk on the 14th about one or two. Lennard said it is not proper for this stranger to be in the house; we don't know what he may do in the night. We went up stairs; he was sitting upon the chair, and his elbow upon the side of the bed: Lennard asked him what he did there: he went away, and said, on the other side of the door going out, I will take care in a short space of time none of you three shall be here. In about half an hour after he got four or five men, and made a great deal of noise at the door, but they could not break it: there was quite a mob. The next day he came again. Lennard had a key of the back and front door, and the wine-cellar: he let them in; he said I beg pardon, it was the liquor that did it: they dined, I think, in the back parlour; she got herself intosticated in liquor very much; they went down stairs: these men and I played at cards in the front parlour; the man went away; this old gentlewoman (Mrs. Wyatt) and she went down stairs; which way they were carried up stairs I cannot say.

Q. to Mrs. Wyatt. You have heard what Lennard says, that you went down into the cellar, took a bottle of rum from the puncheon, and drank so plentiful that you was quite drunk, and fell down in the passage?

Wyatt. I am upon my oath: I was as sober as when I got out of my bed.

Q. Did you go down into the cellar to get the rum?

Wyatt. No. Miss Boss took it from the dresser.

Q. Did you give Lennard any of the rum?

Wyatt. No.

Q. Was you at all drunk?

Wyatt. No more than when I was born.

Q. Nor the second time when you went there?

Wyatt. No.

Q. Did you give Lennard any rum?

Wyatt. None at all. I do not know that he was in the room.

Mrs. Sandys again.

Q. When you was at Mrs. Wyatt's do you think she was in liquor?

Sandys. No; perfectly sober: I have known her 15 years, and know her to be a sober woman. I can bring several of my family to vindicate her in that respect.

Henry Houseman < no role > .

Q. How is Miss Boss connected with Mr. Brailsford?

Houseman. I always understood as a boarder and lodger.

Q. Was he her guardian, or had he the care of her estate?

Houseman. I do not know.

Q. What are you?

Houseman. An acquaintance of Mr. Brailsford's. I have a set of mills at Berkhamstead in Hertfordshire.

Q. Are you married or single?

Houseman. Married.

Q. How came you to be left in this house?

Houseman. At the request of Mr. Brailsford.

Q. Did you dine there on Monday?

Houseman. Yes; in the further parlour.

Q. With whom?

Houseman. Miss Boss and the children; they were there then.

Q. What drink had you at or after dinner?

Houseman. I believe there was wine on the table, and I believe we might drink about two glasses apiece.

Q. Had you any rum?

Houseman. No; I saw no rum.

Q. How long might you stay after dinner in the parlour?

Houseman. About a quarter of an hour, as near as I can recollect. I was in and out of the house several times in the afternoon; I went to enquire for Mr. Brailsford.

Q. Did you go up stairs with Miss Boss?

Houseman. No, I was not till evening; and then a gentleman of Mr. Brailsford's acquaintance called me up in the evening, (this was night) and desired me to take care of Miss Boss.

Q. Had you your boots on?

Houseman. Yes.

Q. What time in the evening did you go up to her?

Houseman. I believe about twelve o'clock at night, that gentleman when he went away called me up.

Q. Was you acquainted with Miss Boss before, or only with Mr. Brailsford's family?

Houseman. I have known of her being there for, I believe, a year and a half, but I never conversed with her, till within a few months that I had been in town about some particular business, and frequently called there.

Q. Did she continue below stairs or above?

Houseman. Below stairs, while I was in the house.

Q. Had you and she drank any rum from the time you was below till you went up stairs?

Houseman. No, none at all.

Q. What room did you go into?

Houseman. It was the first room.

Q. A bed-chamber?

Houseman. It was a bed-chamber.

Q. Was it her bedchamber?

Houseman. I apprehended it was Mr. Brailsford's bedchamber where he and his wife lay.

Q. How long might you stay there with her before these people came up?

Houseman. Three or four, but not exceeding five minutes, I am certain.

Q. Had you any liquor there?

Houseman. None at all.

Q. Had you pulled off one of your boots?

Houseman. No, nor never attempted it.

Q. You had no liquor there?

Houseman. None that I know of; I had none I am sure; I saw none; they came up stairs, and one of them tapped at the chamber-door; I was sitting upon the chair.

Q. The door was shut?

Houseman. The door was shut. I was sitting within two yards of the door; they demanded of me the keys of the cellar. I told them I had no keys. But, said they, if you have no keys, you can get us the keys. I said, I had none; I cannot get them; I won't get them; that I had no business with keys of any sort; they told me then if I did not get the keys they would turn me neck and heels out of the house. They took and turned me out of doors. As soon as they had turned me out I considered the situation that Miss Boss and the maid-servant must be in: I thought it very disagreeable. I immediately knocked at the door, and called the watch. There were two watchmen came up. I said that the bailiffs were in that house, and two young ladies there, and I was apprehensive they might be used ill. I asked them if they could break open the door? they said they had no authority to do that. I said I would apply to the peace officer, and have them out of the house if it was possible. Upon this I continued knocking till Miss Boss and the servant-maid looked out of the window; I desired them to come down, and I would take the best care of them I could: they said they could not come down, or they could not get out.

Q. from the Jury. Was it the women or men you meant to get out of the house?

Houseman. The women.

Q. Was you with Miss Boss next day?

Houseman. Yes, I was.

Q. Had you any liquor with her next day; did you drink any rum with her?

Houseman. No, nothing at all that I remember.

Q. Did you make any apology to the officer, and say you was in liquor the night before?

Houseman. No.

Q. Did you drink any rum with Miss Boss on the Tuesday?

Houseman. No.

Q. Did you see her drink any?

Houseman. She drank none in my sight.

Q. Did you see her on Monday drink more than two glasses of wine?

Houseman. I don't recollect I did.

Q. On the Tuesday did you see her drink any rum?

Houseman. No.

Q. What time did you leave her on Tuesday?

Houseman. About eleven in the forenoon.

Q. How came you not to take her away on Tuesday as you was so uneasy about her on Monday?

Houseman. I desired her to go away; she was washing some little things; she said as soon as she had got them dried she would go away.

Miss Boss is brought into court again.

Q. Do you recollect this disturbance about Mr. Houseman's being turned out about twelve o'clock at night; if I understand you right your maid, after this disturbance, went into one bed and you into another?

Boss. Yes.

Q. I think you said you did not lock or fasten your door?

Boss. I did not lock my door.

Q. Have you no fastening to it?

Boss. There is a latch.

Q. How came you and your maid to lie sepa ate, after they had turned your friend out, and you not to fasten your door?

Q. I really cannot tell, I never do fasten my door.

Lennard called Peter King < no role > and Thomas Vere < no role > , two sheriff's officers, with whom he had lived servant , who deposed that they had put him in possession of several houses, and had never heard any complaint of his behaviour; he also called Richard Berridge < no role > , a marshal's court officer, who had known him seven years; John Hall, with whom be had lodged eleven years, and - Fletcher, whose house he had been in possession of seven weeks, two of which he was accompanied by Graves.

Graves called James Armstrong < no role > , a sheriff's officer, who had employed him on the like occasion; John Green, who had known him five years, and William Hubbard < no role > , who knew both him and Guy.

Guy called Thomas Vere < no role > , with whom he had lived; Benjamin Freeman < no role > , to whom he had been a tenant five years, and John Huntley < no role > , who had known him six or seven years, who all gave them exceeding good characters as to their honesty, and the decency of their behaviour.

LENNARD guilty . Death .

GRAVES and GUY guilty as accessaries after the fact. B . and Imp. 12 M.