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[rape, past history of prosecutrix - police, criminal defendants] R. v. Rose Supreme Court of New South Wales Dowling J., 6 August 1834 Source: Australian, 8 August 1834[1]
Thomas Rose, a corporal of the Mounted Police, was charged with committing a rape on the person of Bridget Jackson, while escorting her along with some other prisoners from Campbell Town, to Liverpool, and also robbing her at the same time of seven shillings and sixpence in silver money. The prosecutrix gave her evidence, which is of course unfit for insertion in the columns of a newspaper, she swore positively to the prisoner having taken seven shillings and sixpence from her bosom.[2] She underwent a very severe cross-examination by Mr. Therry, who was counsel for the prisoner. Tristram, gaoler at Liverpool, swore to the prosecutrix having related to him on her arrival at the gaol at Liverpool, the violence committed on her by the prisoner, she appeared agitated on her coming there, and she seemed as if recovering from drinking. In consequence of what she informed him, he considered it to be his duty to apprize [sic] the Magistrates, and the prisoner was taken into custody and ultimately committed to take his trial. John Booth, constable of the Liverpool Police, went along with the prisoners from Campbell Town to Liverpool, there were 11 men and 2 women; prosecutrix is one of the women. This witness admitted that he had drank two or three times on the road, and had allowed those under his charge to do so also. The prosecutrix paid the reckoning on two occasions. Martin's was one of the places they stopped at, had met a man on the road who asked him to drink with him, witness did so, did not make a practice of drinking with every person who asked him, when he was on duty. The man appeared to know Bridget Jackson. At Martin's, Jackson became unwell, and we left her behind along with the corporal. After we had gone along some way, they came up and joined us. The prosecutrix was in good humour, laughing and joking with all in the party until it arrived at Liverpool. Mr. Therry addressed the Jury, and called the following witnesses for the prisoner. Richard Martin, Licensed Victualler on the Campbell Town Road, recollected the prosecutrix along with others coming to his house on the day laid in the indictment. She was not sober, nor yet drunk - She was very abusive and sat down opposite his door, she pulled out a pair of scissors, and said ``you - Policeman, if you come near me I will stab you to the heart." The prisoner did not use any more force than was necessary to get her on, as she did not appear inclined to go along, and kept hanging by the fence. Mr. John Scarr, Clerk to the Bench of Magistrates at Campbell Town, knows the prosecutrix, recollects her preferring a charge against a man named Jeremiah Scott, there were three examinations on that occasion, when in consequence of the gross prevarication of the prosecutrix, the case was dismissed, and she was sent to the cells for fourteen days, could produce the depositions if necessary. Mr. Therry - Have the goodness to read the sentence which was passed upon her. Solicitor General - Your Honor, I submit that this is no evidence. Court -- It cannot be taken. Cross-examination continued - From the very great prevarication of prosecutrix on that occasion, and the manner in which she gave her evidence, I would not believe her on her oath. John Silvester, Constable in the Liverpool Police, knows the prosecutrix conducted her once from Liverpool to Parramatta, she gave him all sorts of encouragement to take liberties with her, which he declined, knowing her trade, she said witness was a very quiet man to travel with. Eliza Hart knows the prosecutrix, was one of the prisoners who went along with her from Campbell Town to Liverpool. When prosecutrix arrived at Martin's, she refused to go any further; she and prisoner remained behind; when she came into the gaol she did not tell witness that she had a charge against the prisoner, neither did witness know that she had preferred any charge at all against the prisoner, until she came into the gaol. Cross-Examined. - Never told witness that prisoner had committed a rape upon her. Solicitor General. - Now then, on your solemn oath, do you mean to say, that when the prosecutrix arrived in the gaol, she did not immediately tell you and all the other women that he had done so. Witness, (after considerable hesitation.) - Yes, she did tell me when she came in, that the prisoner had committed a rape upon her. George Innes, Esq. J. P. was put into the box to prove, that on one occasion, about four months ago, as he was going along the Campbelltown Road, he saw the prosecutrix and a man cross the fence and go into the bush together. Solicitor General. - I submit your honor that this is no evidence. Mr. Therry, I maintain I have a right to put this witness in the box to prove the circumstance, as the whole of this case rests upon the credibility which is given to the prosecutrix. His Honor could not allow such a line of defence, it would be establishing a bad precedent; the circumstance which Mr. Innes was put into the box to prove, was totally irrelevant to the case before the court. Mrs. Lucretia Heley knows the prosecutrix, Bridget Jackson, she was her assigned servant from the ship. The first Sunday she was with witness, she went out and got quite drunk, believes her to be a profligate and abandoned character, she was absent, on one occasion, for three days; has heard she was along with soldiers, has no doubt of it; would not believe her on her oath. The prisoner received the highest character from Major Bouverie, Captain Macpherson, Adjutant Cooper, and Lieutenant Macallister, the latter of whom had been his commanding officer for the last two years, and had frequent occasion to place him in trusty situations, and he, in every instance, had given him the greatest satisfaction, he would trust him with untold gold. Major Bouverie had known him since 1830, and recommended him to the mounted police, in consequence of his good character. Adjutant Cooper had known him since 1829, and his conduct on all occasions, had been most excellent and praiseworthy. Captain Macpherson, (to whose company the prisoner belonged,) had known him since he joined the regiment in 1829, he was always a quiet well behaved young man, a good soldier, and in every instance had acquitted himself to his entire satisfaction. Eliza Hart was again put into the box, and asked by one of the jury, whether, during the journey from Liverpool to Campbell Town, the prosecutrix had not, on more than one occasion, and to different persons, made many immodest expressions, and otherwise conducted herself in a lewd manner; and the witness answered in the affirmative, on coming along the road, they drank at more houses than one. On coming to the gaol, the prosecutrix said, that she would not like to be escorted to any place by any person but the prisoner. (This witness prevaricated greatly, and hesitated for a considerable time.) Solicitor General. - As several witnesses had been put into the box to contradict the prosecutrix, he should feel it his duty to re-examine her. Bridjet Jackson, on again being put into the box; said that she had not on any occasion, either to the corporal or any person else, given any immodest invitations, but on the contrary, the witness, Eliza Hart, had been keeping company with one of the constables the whole of the journey; she again said that she was not aware of her having threatened to stab the policeman, she also persisted in declaring that on entering the gaol, she immediately told all the women as well as the gaoler the treatment she had experienced at the hands of the prisoner. His honor proceeded to charge the jury at considerable length, in his usual clear and perspicuous manner, recapitulating the whole of the evidence. He animadverted in a pointed manner, to the circumstance of the constabulary and others drinking with prisoners, whom they were carrying from one station to another, and alluded to the very high character given to the prisoner by the respectable officers who had been called. The jury retired for a few minutes, and returned with a verdict of Not Guilty. On the verdict being announced, there was a simultaneous burst of applause in the court, which was crowded to suffocation. His honor repressed this, and ordered the court to be instantly cleared.
Notes [1] See also Sydney Gazette, 9 August 1834; Dowling, Proceedings of the Supreme Court, State Records of New South Wales, 2/3283, vol. 100, p. 48 (calling the defendant Henry alias John Rose). [2] The details are in Dowling's trial notes: the prosecutrix admitted to stopping several times to drink alcohol at public houses. On the first stop, for instance, she said she drank half a pint of rum and ``half a gin". At the time of the rape, she said she fainted from the effects of drink and the weight of the man. |
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