The indictment charged that the prisoner, on the 18th of January, with force and arms, in the parish of St. James, on the King’s highway upon Anne Porter did make an assault; and that he did unlawfully, wilfully, and maliciously inflict upon her a certain wound, &c. against the peace. A second count charged the said Renwick Williams, that on the same day and year he did unlawfully, wilfully, and maliciously tear, spoil, cut, and deface the garments and clothes—to wit, the cloak, gown, petticoat, and shift of the said Anne Porter, contrary to the statute, and against the peace, &c.
Miss Anne Porter deposed that she had been at St. James’s to see the ball on the night of the 18th of January 1790, accompanied by her sister, Miss Sarah Porter, and another lady; that her father had appointed to meet them at twelve o’clock, the hour the ball generally breaks up; but that it ended at eleven, and she was therefore under the necessity either of staying where she was, until her father came, or of returning home at that time. Her father, she said, lived in St. James’s-street, and kept a tavern and a cold bath there; and as it was not far, she agreed to go home with her party. As they proceeded up St. James’s-street her sister appeared much agitated, and called to her to hasten home, which she and her company accordingly did. Her sister was the first to reach the hall-door, and as the witness turned the corner of the rails she received a blow on the right hip. She turned round and saw the prisoner stoop down: she had seen him before several times, on each of which he had followed close behind her, and used language so gross that the Court did not press on her to relate the particulars.
He did not immediately run away when he struck her, but looked on her face, and she thus had a perfect opportunity of observing him. She had no doubt, she said, of the prisoner being the man that wounded her. She supposed that the wound was inflicted with a sharp instrument, because her clothes were cut and she was wounded through them. The prisoner at that time escaped; but on the 13th of June, as she was walking in St. James’s Park with her mother and two sisters, and a Mr. Coleman, she saw him again, and being agitated, her alarm was remarked, and the prisoner was eventually secured upon her pointing him out.
The evidence of Miss Sarah Porter, the sister of the last witness, was to the same effect. She stated that she was well acquainted with the prisoner’s person, and that he had followed her, and talked to her in language the most shocking and obscene. She had seen him four or five different times. On that night when her sister was cut, she saw him standing near the bottom of St. James’s-street, and spying her, he exclaimed, “O ho! are you there!” and immediately struck her a violent blow on the side of the head. She then, as well as she was able, being almost stunned, called to her sister to make haste, adding, “Don’t you see the wretch behind us?” Upon coming to their own door, the prisoner rushed between them, and about the time he struck her sister, he also rent the witness’s gown.
It was proved further, that the prisoner, on his being pointed out by Miss Porter, was followed by Mr. Coleman as far as South Molton-street, where he entered a house, but being followed, his address was demanded. He for some time declined complying with the request which was made, but eventually said that he lived at No. 52, Jermyn-street. Mr. Coleman, however, felt that he ought not to permit him to escape, and he therefore compelled him to accompany him to Miss Porter’s house. He at first objected to doing so, on the ground of its being late, but force being used, he was obliged to obey. On his arrival, Miss Anne and Miss Sarah Porter fainted away, exclaiming, “Oh, my God! that is the wretch!” Upon which the prisoner said, “The young ladies’ conduct is very strange. They don’t take me for the monster who is advertised?” He was assured, however, that he was known to be that person; and he was then conveyed in custody before the magistrates, by whom he was committed for trial. It was also proved that the wound which had been inflicted on Miss Porter was of a very serious description. It was at the beginning, and for two or three inches, only skin deep, but then it suddenly sunk to the depth of four inches, gradually becoming more shallow towards the end. Its length from the hip downwards was nine or ten inches.
The prisoner, being called upon for his defence, begged the indulgence of the Court, in supplying the deficiency of his memory upon what he wished to state from a written paper. He accordingly read as follows:—
“He stood,” he said, “an object equally demanding the attention and compassion of the Court. That, conscious of his innocence, he was ready to admit the justice of whatever sufferings he had hitherto undergone, arising from suspicion. He had the greatest confidence in the justice and liberality of an English jury; and hoped they would not suffer his fate to be decided by the popular prejudice raised against him. The hope of proving his innocence had hitherto sustained him.
“He professed himself the warm friend and admirer of that sex whose cause was now asserted; and concluded with solemnly declaring that the whole prosecution was founded on a dreadful mistake, which he had no doubt the evidence he was about to call would clear up to the satisfaction of the Court.”
He then called two witnesses, who gave him a good character; and who stated that he was at work for his master, Mr. Mitchell, an artificial flower maker, in Dover-street, Piccadilly, up to the hour of one o’clock on the night in question.
Mr. Justice Buller summed up the case to the jury. Having commented upon the evidence which had been produced, he said that he should reserve the case for the opinion of the twelve judges, for several reasons: first, because this was completely and perfectly a new case in itself; and secondly, because this was the first indictment of the kind that was ever tried. Therefore, although he himself entertained but little doubt upon the first point, yet, as the case was new, it would be right to have a solemn decision upon it. Upon the second point he owned that he entertained some doubts. This indictment was certainly the first of the kind that was ever drawn in this kingdom. It was founded upon the statute of the 6th George I. Upon this statute it must be proved that it was the intent of the party accused, not only to wound the body, but also cut, tear, and spoil the garment:—one part of this charge was quite clear, namely, that Miss Porter was wounded, and her clothes torn. The first question, therefore, for the consideration of the jury would be, whether this was done wilfully, and with intent to spoil the garment, as well as to wound the body. That was a fact for the jury to decide; and if they agreed upon this, then, whether the prisoner was the man who did it. It should be observed, that here there was a wound given, with an instrument that was not calculated solely for the purpose of affecting the body, such, for instance, as piercing or stabbing, by making a hole; but here was an actual cutting, and the wound was of a very considerable length, and so was the rent in the clothes. It was for the jury to decide whether, as both body and clothes were cut, he who intended the end did not also intend the means. He left it to the jury to say, upon the whole case, whether the prisoner was guilty or innocent.