Thomas Belsenger proceedingsdefend , of St. Dunstan at Stepney was indicted for committing a Rape on the Body of Martha Gilbert proceedingsvictim , of about 16 Years of Age , on the 30th of September last. Martha Gilbert deposed, that the being much troubled with the Headache the Day aforesaid, laid herself down on the Bed, about three of four in the afternoon the Prisoner came up Stairs to see for a Pot, and finding her on the Bed, put his Hand up her Coats, stopt her Mouth with his Hand, and had Carnal Knowledge of her by Force and against her Consent, that she made what Resistance she could, and cry'd out as soon as she got his Hand from her Mouth; whereupon Mrs. Winny came down to her Assistance, caught him in the Fact, and pull'd him off from her; that he said if she prosecuted him for a Rape, he would swear she pickt his Pocket; that he had attempted to put his Hands up her Coats several times before, for which she had left fetching of Drink at his House, that she was up one pair of Stairs and Mrs. Winny up two pair, looking out of Clothes. Mrs. Winny deposed, that she hearing a Noise and a Bussle went down Stairs, found the Prosecutor's Coats up, and the Prisoner between her Legs with his Breeches down; that she pull'd him off, and he flew at her and scratcht her: that the Prosecutor was black in the Face with strugling, and could hardly speak: that he said if the Prosecutor sued him he would swear she pickt his Pocket. Jane King < no role > deposed, that she lodged in the Ground Floor, and heard the Prisoner coming down Stairs say, you Bitches if you Prosecute me I will swear you pickt my Pocket; that he had attempted her formerly, when she heard her leap out of Bed to avoid him. Mrs. Woolley and Mrs. Britton deposed, that they were sent for to the Prosecutor, found that she had received damage, that her Body had been enter'd, that her Shift at their Request was brought; and had all the shew of Virginity, and they believed she had no Conversation with Man till then, and that by Force.

The Prisoner denied the Fact, and said Winny was not in the House, but came in after: that they pickt his Pocket of 5 s. bid him hush, and all should be made easy. A Girl of 14 Years of Age deposed, that she went up to play with Mrs. Winny's Child, and the Prisoner came up and askt for Pots; that the Prosecutor said to him, Ye old Surfeit here are none; that she prickt him with a Pin, and he went to the Bed with her, and while they were on the Bed together Winny took a heap of Farthing out of the Prisoner's pocket and put them into the Prosecutor's Lap, and when she got up they fell on the Ground; that the Prosecutor said to the Prisoner, here's Three Halfpence, One Penny more will make it up a Pot, and then you shall do it; and that Winny's Child was asleep on the same Bed. Ann Smith < no role > deposed, that the Prosecutor was a naughty Girl, that about 9 Weeks ago she askt the Prisoner for a pint of Wine, and he gave her a Shilling, then put his Hands under her petticoats, and this Evidence went out of the Room; that she was there another time when the prosecutor huncht and gam'd the prisoner, and he told her it was not the first time he had lain with her. Edward Meadowes < no role > (a Surgeon) deposed, that he was sent for to go with 2 Midwives to search the prosecutor, that she said she never knew Man before, and had the same Shift on then; that he saw no Symptoms of her Virginity, and believed she was a common Woman before. The Midwives were of the same Opinion. The prisoner called several to give a Character of the Prosecutor and Mrs. Winny, who gave them a very bad one: and also called several to his own Reputation, who had known him long, and said he was an Honest Man and a good Neighbour.

Then the Prosecutor called 7 or 8 to clear her Reputation and Mrs. Winny's, who gave them a very good Character, as Civil, Honest and Industrious.

The Jury considering the whole matter, acquitted him.