William Picket proceedingsdefend , of St. Jame's Westminster , was indicted for Ravishing and Carnally Knowing Mary Elliot proceedingsvictim an Infant of 8 Years of Age , the 29th of July last. Eliz Elliot < no role > the Mother deposed, that the finding the Child ill and the Linnen and after a manner unusual for a Child, and Nature in her Shift, she examin'd the Child how it came, and she said the Prisoner had done it. That Money was offered her to make it up, that there might be no Prosecution, but she refused to Mary White < no role > deposed that the Child was observed to be ill, and that they found the Course of Nature in her Linnen; that the Child being ask'd what she ailed said, she had got the Gravel; that the Signs on her Linnen were very extraordinary for one of her Age, but now it came she did not know, for she did not understand Penetration. Ann Pollxen < no role > , a Midwife deposed the Grandmother brought the Child to her, and she examined her, found her linnen foul, and the part very much swell'd, and that it was her Opinion it was by a Man, and no body else. The Surgeon said, that he examined the Parts and found them torn, and the Child being afraid of a Probe, he introduced his Finger, found the Passage had been widened, and did believe her Body had been entred, but could not say by what. The Prisoner denied the Fact, and produced the following Evidences: One deposed, that she being person at the examining the Child, did see that the Child had been abased, but did believe it might be by some Boy; but that the Child's Mother said she did believe it was done by her Husband, and that it was the Rogue Pickers; that enquiring of the Child, she gave her a Farthing, and the Child whisper'd her Mother in the Ear, and the Mother told her the Child said it was Picket that had done it. Another Evidence deposed, that the Mother of the Child had told her, the Child had had a Running upon it a Month or six Weeks before the Prisoner was accused, and that she had had her to a Midwife, and that it was occasion'd by her falling down Stairs. Another Evidence deposed, that the Mother having examined her, the Child said no body had to do with her, but she had done it with her own finger. The Child being young the Court would not give her her Oath; and she being under the Age of Ten Years, had the Fact been Proved, it was not a Rape in the Eye of the Law, but an Assault, whereupon the Prisoner was acquitted .