464. + Francis Moulcer proceedingsdefend , of St. John Hackney , was indicted, for that he on the 6th of September, in the 18th year of his Majesty's reign , upon Ann Bishop proceedingsvictim spinster, under the age of ten years, feloniously did make an assault, and her the said Ann Bishop < no role > did ravish and carnally know, and wickedly did abuse, against the form of the statute .

Rachel Bishop < no role > . On the 14th of September last my child was at play with her brother; he bid her sit down and she could not, she came to sit down by me and I saw she could not sit down. I asked her what was the matter with her, she said her backside was sore. I examined her, and found she was in a bad condition in her private parts; I sent for the Doctor to examine her, and he said she had got the soul disease. I asked her who had meddled with her? she said Francis Moulcer < no role > had taken her into a shed, and laid her down on the top of some hides, and pulled down his breeches and lay with her. - She said she did not know what he did to her, for she turned her head away.

Q. When was this done?

Bishop. I can't say to the day.

Q. Did the child tell you what day it was?

Bishop. She could not tell.

Q. Did she tell you how long it was ago?

Bishop. She said it was the week after Edmonton statute (which was the 2d of September) I asked her why she did not tell me of it before; she said she was afraid; I asked her why? she said that the Prisoner had threatened to cut her throat if she told any body.

Q. What did she say he did to her?

Bishop. She said he laid her down and did something to her which hurt her very much, but what he did she could not tell, for she turned her head away from him.

Q. What is the Prisoner?

Bishop. He worked seven or eight years with an aunt of mine, in the collar making business.

Mr. Coulson Surgeon. On the 15th of September Mrs. Bishop sent for me to examine her child, and upon examination I found she had the foul disease upon her; the Justice desired I would examine the Prisoner, to know whether he had the same disorder upon him, which I did on the 16th, and found that he was in the same condition.

Joseph Wilson < no role > . On the 17th of September I received a letter from Justice Spurling, to desire me to examine this child, to see what condition she was in. I examined the child and found she had the foul disease to a very great degree. I passed my finger into the part to know whether she was injured there, and I found there had been a penetration, but not to lacerate or tear the parts. I presume he must have dilated the parts, for I apprehend the child could not have had the foul disease without the parts had been dilated in order for the emission; had the appearance of the disease been only external, or had he not in some degree penetrated into the child's body; it would have appeared outwardly by an inflammation or an ulcer, and would not have been a gonorrhoea, but this is a true gonorrhoea occasioned by a penetration into the parts.

Prisoner. I never entered the child's body in any shape in my life.

Mr. Wilson. Somebody must have entered her body, for I passed my finger very easily into the part, which I could not have done into the body of a child of that age, without great pain to her.

Q. What age is the child?

Mr. Wilson. Eight years old.

Henry Spurling < no role > , Esq; The father of this child made a complaint to me the 16th of September in the morning about an hour before church time, and I granted him a warrant. I examined the child in what manner the Prisoner had used her, she said he took her into a shed and laid her down on some hides, and hurt her very much, but she said she did not know what he did to her, and the child told me when he had done what he did to her he threatened her, that if she told any body he would cut her throat. Mr. Coulson examined the child, and he said she had the foul disease. I examined the Prisoner with relation to this, and he said he had endeavoured to enter her body, but that he had not entered her body; and as to his giving her the foul disease, he said he did not know he had it himself. Mr. Coulson said he had taken two doses of physick from Dr. Swift an Apothecary at Edmonton , for this disease, yet he had it upon him still.

Prisoner. What I said before the Justice was when I was in liquor, for I did not offer any such thing to the child, and as for the physick I took, it was not for that, for I did not know I had any such thing upon me, and I have taken nothing for it, what I took of Dr. Swift was for a strain; and I work as hard as any man in England to get my bread in an honest way. Guilty Death .