305. (M.) John Grimes proceedingsdefend was indicted for committing a rape upon the body of Elizabeth Salter proceedingsvictim , spinster, an infant nine years of age , on May the 17th . ||.

Jane - . The child's father and mother, Grimes and I, all live in one house let out into tenementsin John-Street, Westminster, numb. 10, and sitting at the door last Tuesday was three weeks, to the best of my knowledge, I saw Elizabeth Salter < no role > , the child, and John Grimes < no role > , go up the street together; but where they went I cannot tell.

Q. What time of the day was it?

Jane - . It might be between two and three in the afternoon. They had been gone about three hours, before I saw the child come back again. She set herself down over-against the door, threw her apron over her head, and looked very solitary, but I knew not what was the matter with her then; and last Tuesday was a fortnight the child was examined by a surgeon, whose name is Clark. She was very bad in her private parts, and I observed she looked to be very sore.

Q. Did she seem to be tore?

J. - . No, not very much, but looked very red and swelled.

Q. Did you see any blood?

J. - . No, none; but by her shift I saw she had a running upon her, though what that was I am not acquainted with.

Q. Is the prisoner a married man?

J. - . He is, and has been ever since he lived in our house, which is about five months; but how long before I cannot tell.

Q. Has he any children by his wife?

J. - . No.

Mary Salter. I am mother to the child.

Q. How old is she?

M. Salter. She was nine years on the twenty-fourth of March last. I went out to wash last Tuesday morning was month, I believe, at four o' clock, and left this girl at home in my room. I came home at eight to breakfast, and the child was there then; I went to work again, and she came to me about two in the afternoon, and asked leave of me to go out with John Grimes < no role > to gather some willow chunks; I gave her leave, and when I came home she was in bed. About a week after, putting her on a clean shift, I observed her linnen looked not as it used to do, and examining her about where she had been, she would not confess any thing to me.

Q. How did her shift appear?

M. Salter. It had like corrupted matter upon it. I tied her to one of the bed-posts to make her tell who she was with.

Court. You must not tell what the girl said, that is not evidence.

Q. Did you examine her body?

M. Salter. I did, and observed she had a very great sorness upon her.

Q. Was it inward or outward?

M. Salter. An inward sore in her private parts.

Q. Did you see a sore, or did you see something come from a sore that was out of sight?

M. Salter. I saw a running come from her, she was very raw and red, and the part was larger than before. I had the child examined by Dr. Harris, who said she had a bad distemper on her. After this the prisoner was taken up, and had before Justice Manleyand then the child was examined by Mr. Clark.

Samuel Clark < no role > . I am a surgeon, and was desired by the parents of the child to examine it on Monday or Tuesday last, but I do not know which, and I found it had got what we call a clap. Mr. Manley swore me, to whom I told the same.

Q. Did you see any other signs upon the child than the venereal disease?

Clark. I opened its private parts, but could not see any symptoms of force or violence.

Q. Can a clap be got without penetration?

Clark. I believe if any nastiness should lie upon a child's tender parts, it may be.

Acquitted , but ordered to be detained to be tried for an assault, with intent to commit a rape.