ILLINOIS UNIVERSITY OF ILLINOIS AT URBANA-CHAMPAIGN Production Note Project Unica Rare Book & Manuscript Library University of Illinois Library at Urbana-Champaign 2015speedily will he puhlijhed, Price 6d. h. Embellifhed with the Head of the Author, finely engraved. THE CASE OF JOHN MOTHERILL, THE BRIGHTHELMSTONE TAYLOR; INCLUDING An hiftorlcal Narrative of his Proceedings, from the ift of May, 1785, (when he fet out on his Tour to Brighthelm-ftone) to the 21 ft of March, 1786, when he was tried at Eaft Grimftead in SuiTex, for a Rape. Containing the Particulars of his accidentally meeting with the young Lady-what happened previous to their arrival at Brightbelmftone Church Yard; the buiinefs tranfafted there, the reafons why the feene of aeftion was removed from that awful fpot, to the Bathing Machine, what happened afterwards, Wherein every tranfadion is minutely related, without fupprefilng a Angle circumftance whether it militates againft or for him. WRITTEN BY HIMSELF, And attefted in the prefence of feveral Witneftes. 1 r THE GENUINE TRIAL OF JOHN MOTHERILL, FORA RAPE ON THE BODY OF MISS CATHARINE WADE, Daughter of Mr, WADE, Master of the Ceremonies at Brightbelmfione j At the Affizes held at EAST GRIMSTEAD, ENGLAND, BEFORE Mr. JUSTICE ASHURST, For the C O U N T y uf S U S S E X, On TUESDAY the 21ft of MARCH, 1786. Together with the Pleadings of the Counfel on That very extraordinary TRIAL. DUBLIN: Printed for the Editor by T. N, and may be had of the Bookfeilers and News-Hawkers in Town and Country, [Price a Britifh Sixpence.]3^: S '..J 'iii! É THE trial O F JOHN M07HERILL, fora rape, &c. The Grand Jury having found the bill of mdiament a true bill j on Tuefdav fK#* O T -rt- l^^ir r. ^ A ^ wj.* * uv^iuay the 21 ft, about half after four in the afternoon, he was put to the bar before Mr J^ftice Ashurst, and the following name^ called over as Jurymen ; none ofwhom were challenged. Thomas Holman, Edward Holman, George Vinall, Wm. Vinall, Richard King, Thomas Scrace, Council Jor the Crown, Hop. Mr. Erikine, Mr. Mingay, James Newman, Thomas Cooper, John Wickham Henry Hanfon, John Tug well, Thomas Eiger. For the Prijoner. Mr. Rous, Mr. Fielding. The( 6 ) The Indidment charges the laid John Mo-therill, for having carnally and againil her will, known Catherine Wade, fpinfter, and committed a rape on the body of the faid Catharine Wade, between the hours of eleven at night of the eleventh, and five in the morning of the twelfth of September, 1785, in the Church-yard of Brighthelmftone, in the county of Suffex, After the prifoner had been arraigned, and in the ufual manner pleaded not guilty, and pul himfelf under the protedlion of God and his country. The council proceeded to open the cafej he expatiated largely on the enormity of the offence, and expreifed his aftoniihment that any man fhould be fo loft to every feeling of humanity, and fo regardlefs of every principle of juftice, as to be the total deftruc-tion of an innocent young lady, merely for a momentary gratification ! Had he taken the property ftie had about her ; had he even robbed her of every ihilling flie was poifeiTed of, the offence would appear of little confequence, compared to that of robbin^g- her of her virtue ; but flae is now, (although innocent) a fubjedt for calumny to point her finger at ! The nature of this offence is fo attrocious, that it requires no aggravation—Indeed, it can hardly admit of aggravation, for fuch is the difpofition of mankind, that though the iniured lady may be as chafte as unjunned Jmw^( 7 ) fnow^ ilie will never more be confidered as immaculate. The Hon. Mr. Erikine in behalf of the profecution, expatiated fully on the law eftabliihed for puniihing offences of this magnitude» and ilaied the evidence he fhould produce, in fupport of the charge a-gainft the prifoner j particularly, that, the prifoner, taking the advantage of feeing her unattended, pretended to come with a mef-fage from her father ; that he then had the audacity to put his hand into her bofom, and afterwards to kifs her, declaring, at the fame time, that ihe was a pretty girl. That, perceiving her to be terrified with fuch intolerable behaviour, he proceeded to greater liberties, and put his hand up her petticoats; that ihe refifted him as much as ihe was able, but reiiftance ferved only to add to his perfeve-rance ; that he afterwards forced her down the paifage and conduced her to the Churchyard, at the fame time, putting his hand upon her mouth, to prevent her being heard, when ihe was exerting herfelf as much as poffible to make her fereams be attended to : that when he arrived with her in the Church-yard, he threw her down clofe by the church, and perpetrated the offence of which he now hands charged, and which I truft, will be made fufiiciently appear, by the ftrongcil and moil: unqueftionable teflimony. He then called the witneffes in fupport of the proftcu-tion. Mifs( 8 ) Mijs Elizabeth Hart Sworn, Who are you ? A, My name is Hart, I am the Daughter of Lady Hart. ^ Are you acquainted with Catharine Wade ? A. Yes, my Lord. ^ What do you know refpeiling the charge againil the prifoncr at the bar. A. On the eleventh of September, which was on a Sunday, I dined with Mifs Wade, at my mother’s houfe, and fpent the day with her there. About ten o’clock, Mr. Griffiths and I accompanied her in the chariot, and went home with her to her father’s. We called at the rooms in our way thither, but did not flop. Mr. Wade’s apartments are at Mr. Sycamore’s, in North-ftreet, to which there is a very long paifage j confequently the carriage could not drive up to the door. When the coach arrived at the fteps, Mr. Griffiths got out and handed Mifs Wade out; immediately after which he returned into the carriage, which drove off, as Mifs Wade was then confidered to be perfedtly fafe : they having feenher go a confiderable way up the paffage. Mr, Griffith( 9 ) Mr. Griffiths Smotn. My name is Griffiths, I was at Lady HartVj on Sunday the eleventh of September, when Mifs Wade was on a viiit there, and, in the evening, Mifs Hart and I accompanied her in the chariot to her father’s, there being a long paifage leading to the door of his apartments, I fa w Mi .Wade almoft.clofe to that door. The douis of Brighfhelmftone being generally on the latch, I had no doubt but ffie was able to let herfelf in. Being affied if there was^ not a man paffing, when he got out of the chariot, he faid there was, but he could not fwear that it was the prifoner. Charles Nye Sworn. ^ What is your name.? ji. Charles Nye. ^ Who are you ? I lived fervant with Mr. Wade on the eleventh of September laft. ^ What do you know of this bufinefs ? jii. On the eleventh of September, about B ten( 10 ) ten o’clock in the evening, I went to Lady-Hart’s to conduit Mifs Wade home from thence.. I returned, and not finding her, went to another lady whom ihe fometimes vifited, whofe name isMrs. Brudenell—I could get no intelligence of her there. Soon after this, 1 met my mailer, and acquainted him that we knew not where Mifs Wade was. We walked about all night, and, in the morning, we were informed that il;ie was returned, and that a man had been taken into cufiody on her account. I went into Mrs. Sycari-iore’s parlour, where I faw the prifoner for the firft time in my life; who, on being queilioned about the matter, confefied he had been all night with Mifs Wade, in the church yard. After this I went to the church yard, and found the rim of one of Mifs Wade’s buckles clofe by the church. The ground had an appearance as if fomething had been ftruggling on it, and many panes of the church windows were broke near the ground. Crofs Examination. Are there not a number of loofe women who walk the ilreets in an evening at Biighihelmiione ? J. Yes,( " ) A. Yes, there are. ^ Is it cuftomary for the inhabitants of that place to go to bed earlier than eleven or twelve o’clock ? A. No, it is not. ^ When you returned from Lady Hart’s, was your mailer’s door, (which is a private door of Mr. Sycamore’s, at fomc little d.if-flance from the other) upon the latch ? A. Yes it was upon the latch ? Being crofs examined, he could not give any reafon for having ufed the word ilrug-gling 5 the ground appeared loofe, and there were the prints of a man’s foot; he had been out on the evening of the iith, but came home time enough to light home Mifs Wade, agreeable to his Mailer’s orders, they fuppofed ihe would walk as ufual; he admitted there were great numbers ot loofe women at that time at Bri^hthelmilone; that they frequently walked the ilreets in the evening, and were exceedingly wed dreifed; the company in general quit the rooms about i I • B ten ( 12 ) ten I but he believed it was not the cuftom of the place to go to bed much before eleven or twelve o’clock. When he returned back from Lady Hart’s, Mrs. S)rcamore and the maid were at home ; and his mailer’s door, which was a private one belonging to Mr. Sycamore’s houfe, at fome little diftance from the other, was then upon the latch. Catharine Wade Sworn. After being fet down by Mifs Hart, I went to my father’s door, and found it Ihut j I then went to the other door, and found that fhut alfo ; I went from one to the other feveral times, without being able to get admittance ; and at length, I flopped at the private door. When I came out of the carriage, I obferved the prlfoner at the bar ; he foon approached me, and aiked the reafon why my papa’s fervant did not come. I did not anfwer him. He then told me, he came from my papa, who was waiting to take a walk with me. I told him I was poiitive it was no fuch thing,, for he would not think of walking at that time of night. He put his hand upon my bofom, which I immediately puilicd aw.^y: he faid I was a very pretty( ^3 ) |r/r/, andkifledme. From fuch behaviour I was too much terrified to fpeak. He now went greater lengths, and impudently put his hand up my petticoats. I repulfed him, but in vain, tor he only grew more daring and perfevering. At length he told me that I muit not continue there and forced me down the paiTage, and along North-ftreet. I feream-ed, but faw nobody, and the prifoiier put it out of my power to make much noife, by fixing his hand upon my mouth. I had never feen him before he forced me into the church yard, where he threw me down clofe by the church, and then took up my petticoats, and forcibly put his parts into mine ; he hurt sne very much, lay exceedingly heavy upon my breaft, and remained upon me one or two hours ; he then got up, but in about a quarter of an hour, threw me down again at the church door, hurt me as much as before, and lay nearly as long upon me 5 I ftruggled very much, and did all I could to prevent him. Some time after he took me to a tomb done, where he alfo flung me down and did the fame j duung which time it rained very hard, and was exceedingly wet. Afterwards he led me towards the beach, when I afked him if I was going home, he told( H ) told me I was. Going down the fteps, he looked round him, feemingly apprehenfive that fome perfon was near whom he would wiih to avoid j but, not obferving any one, he compelled me to go to one of the bathing machines, and fworeat me feveral times, I begged to know if he was going to drown me j he faid hewiihed the water was higher. After he had forced me into the machine, he flung me down and did the fame as he had done in the church yard ; at which times I felt the emiffion of fomething into my body ; this he repeated while they remained in the machine. He twice flung me down in the machine, hurt my elbows and thighs, and forced me to continue there all night. It was day light before I could get away, when he led me down the fleps and followed me home: where, when I arrived, I was incapable from illnefs, to relate what had happened. Crojs Examination. % Did you fuppofe that his intentions were to do fomething improper with you, before you quitted your father’s door ? A. Y«s,( 15 ) A. Yes, I was convinced that he intended to do fomething improper. Did he lay hold of you as he went along North Street ? A. No, he did not j but I went firft, and he followed me at fomc little dif-tancc. ^ Were there no light in the windows, as you paffed along ? A. Yes there were lights in feveral of the windows as I paifed along j but I did not attempt to knock at either doors or windows. Did you fuppofe that you were going home, when the prifoner was condudingyou down the fteps at the beach? i A, No, I did not. ^ In what maner did he convey you into the machine ? A. He led me in by my hand. ^ When it was light, how did you ex-prefs yourfelf refpedting your going home? ' A. I( lo ) A. I faid the women would be coming to bathe, and would find us thete ; upon which we quitted the machine, and he led me home. iV. J5. It may be neceiTary to obferve that Mifs Wade was examined by Mr, Fuller, the day after the occurrence, and her depofition upon oath taken down, which depofition was in court, and materially differed from the evidence ihe then gave. On her former examination, (he faid the prifoner threw her down as foon as ihe entered the Churchyard 5 but ihe dcpofed in court, that it was clofe to the Church. And, on the former examination, when ihe aiked him if he meant to drown her, ihe then faid hisanfwer was no 5 without taking any notice of his having faid he wiihed the water higher. But, it is probable, that the confufed date the mull have been in, expofed to the whole court upon fuch a bufinefs, added to the perturbation of her mind, might occafion fome little deviations! from the evidence given at a very diftant pe^ riod. Mr. Wade, was then called, who faid, he had his daughter educated at the Bcnedidline Convent( 17 ) Convent at Calais; where ihe had been there twelve or thirteen years, and was now about one and twenty years of age ; that ihe returned to England lail June ; ilie was therefore a total ftranger, unaccuftomed to the deceits in the bufy world ; and befides which, he had the unhappinefs to lament that nature had been niggard of her ufual bounties to her, her intellcdls being weak, and her judgment very deficient. Returning from the rooms on Sunday night, the nth of September, about eleven ©’clock, be met his fervant, much flurried, who told him his daughter had been miffing an hour, and that he could get no tidings of her. He faid his feelings on receiving this information, were fuch as only a father could form an idea of:—almoft diftradted, he went in fearch of her without fcarcely knowing where, the whole night; be difpatched fe-veral people for the fame purpofe, to no ef-fedt, till between five and fix in the morning, when one of them met him, and told him that his daughter was at home, and that they had taken a man into cuftody who was foen C followingii’f ( ) ioÜowing her ; who, on finding himfeîf ob-ieived, hùd endeavoured to efcape, but running up a piaiTage which was no thorough fare, he was calily laid hold of. Mr. Wade, immediately went home, and there he found his daughter in a fituation that it ts impoiiible to de^cnbe ; her drefs was in a molt teiribie condition ; wet, dirty, torn : the agitation ot her fpirits were, fuch that they had emireiy deprived her of her realon ; the fight was too ihocking for him to bear, and he left her to the care of his worthy and valuable friend, Mrs. Sycamore. He then went inio the room, to fee the wretch who had thus plunged him into mifery ; and upon alTcing tlie monder whether he had been all night wuh his child, he faid, “ 1 have been a very wicked wretch, and have deferved to be hantJcd a long time but ma ging as to return with him in the chahe, who, after examining the prifoner, Gommiited him to Horiham gaol. He lent for Mr. Lowdell a fiirgeon, to examine hisdaughrtr ; the was afterwards examined by Mr, Low del and Mr. Griffiths together. He believed it might be five or fix hours after her return before he lent for the furgeon. In the afternoon, ihe was able to make a depoiicion of the w*hole tranf-adfion to Mr. Fuller, wffiohad it taken down, and fworn to. The realon he had not fent fooner for a furgeon, was not only the agitation of his fpims, but from the firit wiih that engaged his mind, being to p ocure juitice on the deftroyer of his child’s (fate of mind and future profpeft of felicity. Æm Sycamore ¡worn. An. Sycamore. I keep the houfe where, Mr. Wade lodged. % Well, what do you know of this matter. There never was a more pure innocent creature living, to be fare, than Mr. Wade’s daughter. If (he did go with liiepriioner, I C 2 anà{ 20 ) 1.1 ’it am fure it was as a lamb going to the flaughter. How is Catherine Wade, with regard to her underftanding or intelledts. A. She is certainly very deficient in that refped:, and even incapable of finding her way home from a neighbour’s honfe. When fhe came home in the morning, I met her at the door i ihe looked moil ihockingly, and feemed to be too weak to cry. Sometime after the prifoner was brought in, when I o-pened the door of the room where he was, and aiked her if ihc knew him, fhe inflantly replied, that is him. I then condndted her to bed, her cloaths not being fit to be feen. Her cloaths were now produced in court. 1 he cloaths were produced, her iliift, pet-t’eoats, and gown were in fuch a fituation as to llrike every perfon in court with horror ; the reft of her cloaths were much torn and entirely fpoilr. ^ Have you any thing more to fay on this bufinefs ? A. Her thigh was very much bruifed, and the marks of fingers appeared dented under her right ilioulder; ilie had alfoa bruife upon her back, and one on each of her elbows. Being put to bed, ilie continued there upwards of two hours. She-was afked, if (he did not believe it was poiTiblc( 21 ) poffible that the linen might have become in the fituation it had been (hewn to the court from natural caufes ? She replied, ilre believed it might ; and though ihe was then unacquainted with it, ihe iince underftood fuch to be Mifs Wade’s ftate of body at that time. The conftable was then called who took the prifoner into cuftody. He produced the ihirt which had been dripped from him at the time, and it appeared to be in the iituati-on as deferibed by Mr. Wade. Two eminent furgeons v/ere then called in, viz. Mr. Griffiths (who gave his evidence before refpedting Mifs Wade’s vifit to Lady Hart, and his condudling her home) and a Mr. Lowdellj but doflors will difagree, and upon this trial they differed materially in their opinions 5 one of them declaring he did not think there v;as the appearance of violence in certain parts, fufficient for him to decide that any conneilions had taken place ; as the other thought otherwife. Mr. Lowdell, a furgeon, was fent for by Mr. Wade, on the 12th of September, to examine the ftate of his daughter’s body. He found a black fpot on each of her elbows, another on her left thigh, and another on the lower part of her back. As to any violence of?inother kind having been commiLted on her( 32 ) t I i ■' i her body, the parts, through fomewhat irritated, had not, he thought, the appearance neceflary to warrant him to declare fuch was the cafe •, for although he iound the membrane hymen gone, it was often the cafe from many circumftances befides coition ; and that iingle circumftance excepted, there was not any grounds for fuppoiing ihe ever had any connexion with man. He was firmly of opinion that the linen might have become in the ftate from natural caufes only though he readily admitted that coition at that time would occafion a much greater overflow than common. He was aiked by the Counfcl whether be had not faid to Lord Sheffield, that ihe had been perforated ? He anfwered he believed he might. Mr. Griffith depofes that he had alfo ex-amitied her body, and was of opinion there was every reafon to conclude, that ille had fuffered great violence, and had been violated. When he firil faw her, the parts were greatly inflamed, and he ordered them to be waihed with a fpunge, dipped in foap and water ; this he did for the double purpofe of Hopping the inflammation, and preventing, if poifible, any infedlon 5 although he had very little apprehenfion, provided the man had been infeifed with a veneral complaint, of its taking effed ; as her body at that time was, no doubt, in a ftate of natural evacuation. 1 hough he admitted that to be the cafe with rtfpedt( 23 ) refpe£l to her fíate of body, he couid not fufer it to pafi as his opinion, that what haü been feen upon the linen was the effeds of nature only j certainly fomething had ag- gravaied a more than common overflow^_________ and what could poffibly aél as fuch an ag* gravation at that time, as violent and repeated coition. Mr. Lowdel upon being called upon by-Mr. Fielding, faid, he did not think, that either uiing foap and water five or fix hours after the ad, or a female being in th^t fitua-tion, would be fafe from the infedion—he rather thought, that as the veiiels of her body would be more open, /he would be the more likely to take it. Mr. Erikine faid he could ndt conceive this argument was of much confcquence in the preient cafe ; as the man had not been proved to beinfeded. Mr. Lowdel fearched the man when he was taken up, when he found he had a gleet, which he fuppofed to be the remains of a confirmed complaint. Here Mr. Erikine clofed his evidence for the profecution. Judge Afliuril:. PnToner, have you any thing to fay in your defence .? Prifoner. I leave if entirely with my counfeh* Mr. Fielding. My Lord, the evidence' for the profecution having proved what w c meant to have called witnefles for—That from É( 24 ) from the number of common women continually about the ftreets, it was poffible to miftake. Judge Aihurft. That entirely depends upon the manner thé jury underftood it. Mr. Fielding. Certainly, my I^ord j bat as that has been the cafe, and we have endeavoured to ihew its force by the crofs examinations, we do not mean to trouble the court any farther. The learned judge fummed up the evidence with great ingenuity and impartiality. He recapitulated every material part of what had been depofed, judicioufly commenting upon every circumftance, and then left it to the decifion of the jury. They had been conful-ting together for almoft half an hour, and appeared to be fomewhat embarraifed refpeél-ing theverdiâ; they ihould give. At length they addreiTed the court, requefting to know if any puniiliment could be infliéted on the prifoner ihort of death. They were informed that there was no alternative but death* or acquittal : v/hen expreffing their doubts about fome particulars, they, in a few minutes, brought in a verdiét Not Guilty. This extraordinary trial began at half an hour after four in the afternoon, and lafled *till almoft ten at night. FINIS. 7 ■' /// Ar^ f .'7'*cv ' r. <ßd^ C >' -/f^ Sk. 'I ¿Kci}^-. (/è'trr^ â-i'^.v Ì^^7ì V V T’¿.^!i^';’•-_ ^ . V »' ' '" !.•••!.•. • .UBIÄ-^V iilMli«,*^ , ■'. . ■;¡n*&’vi"i;‘‘-,\-' -“ ' ■; ■- ■'>“ -i- '„'. . ■ßm.