Alleged Assault in Mill Lane (1912)

Post date: Jun 27, 2020 5:57:51 PM

Extract from Kent & Sussex Courier - Friday 16 August 1912

EXTRAORDINARY ALLEGED ASSAULT AT WATERINGBURY.

At Malling Police Court on Saturday, Fredk. Tyler was charged, on remand, with indecently assaulting Ada Lizzie Mace, a domestic servant, Wateringbury, on the 3rd inst.—Mr. H. J. Bracher defended.

When the case was previously before the Court, prosecutrix stated that she was walking home from the "Orpines," where she was employed parlourmaid, with John Chapman, a labourer, with whom she kept company. They had proceeded as far as a fence in Mill Lane, when prisoner came up and put his arms round her waist. She struggled and freed herself, and then he caught hold of her and tried to pull her along the road. She begged him to desist, but he afterwards committed the assault. Chapman, she said, never interfered until she appealed to him during the last attack. Then blows were exchanged between the men, and prisoner went away, saying he should inform the police.

Miss Mace, in cross-examination, said she had been parlourmaid at Orpines, Wateringbury, since July 7th, and went home to sleep. She left shortly after ten o'clock to go home, and Chapman met her near the Kings Head. They walked together along Mill Lane towards her home.

Mr. Bracher: What were you doing when you first saw prisoner?— Standing by the fence, talking. As prisoner walked up to you, did you say to Chapman, "Oh, leave off?" —No, I did not.

What was Chapman doing during the three occasions when, as you say, prisoner interfered with you? -I don't know; he was there close beside all the time.

Until you said, "Jack, see what he is doing," Chapman never attempted to protect you in any way ?—No, but cannot, say he saw all that prisoner was doing.

But he was close beside you? - Yes.

When did you make a complaint anybody about this?—To P.C. White when he came to the Orpines at ten 'o'clock on Sunday morning.

Until then you had made no complaint?—l cannot say that I had. My mother was away, and I slept alone in the house.

if P.C. White had not come and asked for a statement, would you have taken these proceedings?—l think should have done.

John Chapman, 18, Bow-terrace, Wateringbury, then gave his version of the affair, he said that while Miss Mace and he were walking along, prisoner, whose nickname was "Bung," came behind and clasped him round the shoulders. Witness remarked, "Let go. Bung; why don't you go home?" He replied, "I'm going down to the policeman." He "fixed" him again, and then caught hold of the complainant. Witness said, "Let go," and commenced to walk away. Complainant called out, "Jack, look what he's doing." Then he went to her assistance, and prisoner struck him on the shoulder. Witness returned the blow in self-defence, and prisoner walked off, saying, "I'm going to the policeman."

Mr. Bracher (cross-examining): Before prisoner touched Miss Mace at all he said, "I'm going to the policeman?"— Can you suggest why he said that?— No.

Well, I put it to you that prisoner told her he was going to give information as to what was taking place between you and her? —There was nothing taking place.

What were you doing all the time prisoner was interfering with Miss Mace?— Standing by the side of her.

Did you think he was treating her improperly? -I was too excited know what he was doing.

Why?— Because I had had a drop of beer, and his coming and speaking.

Were you not naturally excited because he had caught you ?—He did not catch me doing anything I ought not.

He caught hold of Miss Mace's hand and put his arm round her waist, but you did not think he was doing anything improper then?— No.

And she did not? -I have not got her mind.

No, but you will have to answer my question. Did you think he was doing anything she objected to ?~Yes, I did think so.

Then why did you not interfere?— Because I stood by to see what was coming afterwards.

Although she was objecting?— Yes, but prisoner is a mate of mine.

Did you think more of your mate than your sweetheart? —No. I did not.

When he stopped her by putting his arm round her dress, why didn't you knock him down?—l turned round, and it was then she sung out, "Jack, look here."

Why did you not prevent prisoner committing this assault?— I walked on a yard or so when she stopped, and did not know what happened.

You say you hit prisoner in self-defence; what about the defence the lady?—l returned the blow he gave me.

Whom did you first tell this assault—My mother and sister that night.

When did you and seek the aid of the police?—l never thought any more about until the policeman called Sunday morning.

If the policeman had not come to you, should you have gone the policeman —No, sir.

P.C. White stated that prisoner came to his house at midnight, with blood running down both sides of his face from what appeared to be scratches. He made allegations to the circumstances under which he found the two previous witnesses, and said that because he asked Chapman what he was doing Chapman scratched his face. Prisoner inquired what he could do, and witness told him if he had been assaulted he could take out summons. When witness arrested him at Bow Hill Farm, Yalding, on the 6th inst., he said, "What's the other man done? I shall tell them what I saw."

Mr. Bracher submitted that there was no prima facie case. He never remembered having anything to do with such extraordinary circumstances as appeared here. Could such an absurd and ridiculous story be believed —that the gallant youth Chapman stood by while this alleged assault was committed, and never raised a hand to help or protect the woman until she appealed to him ? If Chapman was worthy the name of man, he would have knocked prisoner down immediately he touched his sweetheart. His excuse for not interfering until the last moment was that he was waiting see what happened. If prisoner had not been so foolish as to go to the constable, nothing would ever nave been heard of the case, for Chapman said he should not have complained, and Miss Mace would only say "I think I should." It was unthinkable that any jury would convict on such evidence, and it was quite probable that if prisoner were committed to Quarter Sessions, the Chairman would direct the Grand Jury to throw out the Bill.

Mr. Wigan. the Magistrate, complimented Mr. Bracher on the way he had conducted the defence, and said he had been inquiring whether he would be justified in dismissing the case if he thought no jury would convict. He scarcely liked there was no prima facie case, because the complainant gave her evidence so well. There was such a set of extraordinary circumstances, however that he felt sure no jury would convict. Complainant was most unfortunate in her companion, and it was impossible understand his conduct. The case would dismissed.