|
Kent & Sussex Courier, Friday 7 June 1912.
Rusthall Assault Charge the Case Dismissed.
Charles Arthur Fuller was summoned for indecently assaulting and ill
treating Violet Head, at the "Toad Rock Tavern," on 22nd May.
Mr. R. Vaughan Gower prosecuted, and Mr. H. C. Dickens (instructed by
Messrs. W. C. Cripps, Son and Daish), defended.
Prosecutrix said she was nearly 18 years of age. At present she was
residing with her sister, Mrs. Sewell. She had been in several good
situations in Tunbridge Wells, and had always left her situations with
good characters. On 17th May she entered the service of defendants and
his wife at the "Toad Rock Tavern," Rustall. On 22nd May, at 3:30 p.m.,
witness went to a bedroom on the second floor to dress. The only other
person in the house at the time was defendant, who was in the bar. His
wife was out with the children. Her bedroom door was open, and Mr.
Fuller came into the room and sat on a chair. He said. "Hello, duck!"
Witness then described the alleged assault, and said she first cried,
and then screamed and kicked. She got away, ran to the window, and
opened it, and screamed. Prisoner shut it up and immediately. Witness
said, "There is somebody in the bar." Prisoner went down, but returned
almost immediately. Mrs. Fuller afterwards came in, and I went
downstairs. Witness had not the heart to tell Mrs. Fuller about the
matter. She, however, went to see her sister, Mrs. Sewell, and told her.
She went back to the "Toad Rock Tavern," and defendant then kissed her.
She then went to another sister, Mrs. Till, Who lived at 38, Harmony
Street, Rustall. Her sister went to the public house and saw defendant,
who said, "I would not do such a thing." Witness slept at her sister's
that night, and went to see a doctor for the next morning.
Cross-examined:- Mrs. Fuller went out about 2 o'clock, and witness was
then turning her (Mrs. Fuller's) bedroom out.
Mr. Dickens:- How do you know there have been a row between Mrs. Fuller
and her husband?
The Chairman:- That has not been put the for us.
Mr. Gower:- I am glad my friend asked the question. I have been waiting
for him to do so.
Witness:- I did not know there have been a row.
Cross-examination continue:- She did not know that several people would
be sure to hear if she shouted out of the window. There were plenty of
houses around. Defendant had been in her room about 15 or 20 minutes.
Witness did not shut the door to prevent him returning, and did not
close the window. She thought it would have been well to do so, but was
in too great a hurry to get dressed and go downstairs. Witness was calm
and collected when Mrs. Fuller came home, and had tea with her. When
spoken to defendant said, "Fetch Dr. Aylward at once," but she refused
to see him. She had a brother-in-law named Joseph Sewell, but know
nothing about him going to Mr. Fuller, and trying to get money out of
him. She knew nothing about his business. She had never accused any
other man of behaving improperly towards her. She was quite certain of
that. Witness told Mrs. Fuller that Mr. Fuller entered her bedroom three
times.
Mr. Dickens:- This alters your whole story. You have made a mistake
haven't you?
Witness:- Yes, I have.
Mrs. Till, of Harmony Street, stated that her sister complained to her
at 10:30 p.m. (by her clock) that defendant had insulted her. Witness
went round and spoke to Mr. Fuller, who said, "How the ----- could I,
when I could not leave the bar? Mrs. Fuller told her that he ought to be
ashamed of himself. Witness's sister was very distressed, and had no hat
and coat on when she came to see her.
Cross-examined:- Mr. Fuller used the expression, "It's a thundering lie.
If I have interfered with you, go to Dr. Aylward." The girl did not
answer; she was two broken hearted. Witness did not say she would make
Mr. Fuller pay for it.
Mrs. Mary Sewell stated that prosecutrix went to her and complained
about what happened in the afternoon. The girl did not want to return to
the "Toad Rock Tavern," but witness advised her to go back, and said
that if Mr. Fuller repeated his conduct she must leave at once. No
demand for money had been made to Mr. and Mrs. Fuller to hush it up; the
only money asked for was the wages due to the girl.
Cross-examined:- Witness had brought up the prosecutrix, who had no
father and mother.
Defendant, on oath said he had had no previous charge against him. He
denied that he returned home intoxicated on the day mentioned. From the
time his wife left the house until she returned he did not leave the tap
room. A man named Sweetman was in the bath from 1 to 5 o'clock, and
witness could not have gone up to the girl's bedroom without anyone in
the bar seeing him. A man named Francis Hendy was also in the bar from 1
to 4 o'clock, as near as witness could say. Other men were also in the
bar during the afternoon, one named De-Mexa arriving at 2 p.m., and
leaving with Hendy. Witness's wife returned just before 4 o'clock.
Witness went down the cellar steps to unlock the back door in order to
let her in. They had their tea in the bar parlour. It was brought to
them by the maid, Miss Head, and that was the first time he had seen her
that afternoon. He did not attempt to assault the girl in the evening.
He had never had a row with his wife.
Cross-examined:- He could not suggest why the girl should make the
complaint, unless it were a get money out of him. It was purgery from
beginning to end.
Mrs. Caroline Fuller, wife of the defendant, stated that on 22nd May she
went out with her children at 2:30 p.m. It was a lie to say that her
husband was intoxicated, and she had not told anybody so. She returned
at 3:50 o'clock. The girl was upstairs, and came down when witness
called her. She was fully dressed, and was not agitated in any way. The
girl took up Mr. Fuller's tea into the bar parlour, and had her own with
witness and the children in the kitchen. The girl went out for the
evening, and returned at 9:35. Witness was looking for her, having told
her to be home by 9:30. When the girl was making her complaint at night
defendant said, "Good ----, what is the woman talking about?" Witness
said, "Don't you understand?" When defendant said, "Send for Dr. Aylward,
the girl said, "Oh, no. he did no harm."
Cross-examined:- Witness maintained that the girl had not had time to go
and see her sister. Witness did not tell Mrs. Till that her husband came
home drunk. She had no reference with the girl when she engaged her.
Mr. Gower:- Have you any reason to suppose that she had not a good
character?
Witness:- Yes, from things I have heard.
Mr. Dickens:- Do you want to hear it. Mr. Gower?
Mr. Gower:- No, I don't.
Mr. Dickens asked if the Bench required any further evidence. After
consultation, the Bench announced through the Chairman that there are
other opinion that no jury would convict upon the evidence, and the case
would be dismissed.
Mr. Dickens:- I think it is demonstratably clear.
|
)