Mr. Phillips then addressed the jury for the prisoner, and disclosed a most extraordinary defence on his behalf. He disclaimed all intention of impeaching the young woman’s character, and was happy that he had no reason for making even an insinuation against her in regard to her conduct previous to this occasion. That she was deeply to be commiserated he owned; and that she had come here to tell what she believed to be the truth, he had not the least doubt. He was sure, however, that both reason and a sense of justice would compel the jury (if the witnesses he intended to call for the prisoner should speak the truth) to say that they could not see their way through the case, and that such doubt was created in their minds, as would warrant them in acquitting the man at the bar. He approached the defence of the prisoner with the greatest anxiety of mind, because, if the evidence he intended to adduce should be discredited, the consequences to the prisoner would be truly awful. The giddiness in the head had induced those who had only been acquainted with the girl for four or five days to believe that she was intoxicated; and it was most natural, for the swimming in the head would produce all the appearances of intoxication. She was taken up stairs by a servant of the prisoner, who would describe her appearance at the time, and she would also state, that the young man Edwards came to the door with her. That she had been violated there was not the least doubt, but that the prisoner had committed the offence was by no means clear; and it would be his duty to call the young man, Edwards, who, if he (Mr. Phillips) was rightly informed, would state that he was the guilty party. The young woman had given her evidence very fairly, however, and had doubtless stated only what she considered to be truth. After Mr. Cant had been committed, Edwards had called at the office of Mr. Williams, the solicitor for the prisoner, and made a disclosure which left no doubt of the innocence of the man at the bar. He did not mean for an instant to justify the conduct of Edwards, and it was a pity that he did not make all the amends in his power to the young woman. He was a young unmarried man, and might have done so. It was unlikely the prisoner committed the offence, for, if he had been guilty, it was not probable that he would have conducted himself towards the young woman as she had stated he had done in the morning after she had recovered from her illness. He (Mr. Phillips) believed he had been a foolish man in using even the liberty he himself confessed he had done with the girl; and it would be a warning to others to beware of the consequences of the smallest deviation from a virtuous line of conduct. The liberty he had used in the morning had induced the girl to suppose that he had committed the capital offence upon her during the night. Unfortunately there were many cases in which the innocent suffered for the guilty, but there was no instance in which the innocent had actually come forward to place himself in the situation of the guilty. It was very unlikely that an individual, entirely innocent of a capital charge like the present, would come forward and put a rope about his neck, in order to free the man who had actually committed the crime. He could not, therefore, see any reason to throw doubt on the testimony of Edwards.
Jane Hollier was then called, and on being sworn stated, that she was at the Windsor Castle public-house, when this transaction was stated to have occurred; and at about eight o’clock she assisted the prosecutrix to bed. Witness thought she was in a state of intoxication at the time. About twelve o’clock witness again went up to the bed-room of the prosecutrix, accompanied by Joseph Edwards. Edwards remained at the door while she went in. She asked him to come up with her, as there was only one candle. The poor girl was lying on the bed, with her clothes on, asleep; witness covered her with blankets. Witness was in the room about five minutes, and the door was closed during that time. When she came out she found Edwards at the door, and she gave him the light, and he went towards his bed-room. She neither saw the prosecutrix nor Edwards again that night.
Cross-examined by Mr. Adolphus: The prosecutrix was not able to speak on her way up stairs. She heard the prosecutrix say to the prisoner, “You took liberties with me, you villain.”
Mr. George Williams, the attorney for the prisoner, stated that he knew Joseph Edwards; that person came to his office after Cant was committed, and made a communication to him. The communication was made after the prisoner had been admitted to bail.
Thomas Shipton, pot-boy at the Windsor Castle, stated that the prosecutrix appeared to be intoxicated on the day in question. He saw her before she went up stairs, and she then presented the appearance of a person who had taken liquor.
Mrs. Sarah Goodchild, a washerwoman, stated that she was employed by Mr. Cant. She went up to the bed-room of the prosecutrix about nine o’clock on the night in question, accompanied by the prisoner and his wife. The girl was then lying across the bed, and witness, assisted by Mr. Cant, placed her straight upon the bed. They all left the room together. No light was left in the room.
Joseph Edwards was called and examined by Mr. Phillips: He was a boot-maker, and formerly slept at the house of the prisoner. He now resided at No. 2, Fenton’s-buildings. He was in the habit of visiting the prisoner’s family occasionally, and he slept there on the 3rd of October, when the girl Bolland was there. She went up stairs, he believed, between nine and ten o’clock. She appeared then to be intoxicated. He saw her the next morning about half-past six o’clock, and went to her brother’s house with her. They went down Chancery-lane, along Fleet-street, and over Blackfriars Bridge. He told her that was the way to the Commercial-road, believing that she lived near the Commercial-road Lambeth; but it appeared that it was Commercial-road East, she wished to go to. After the prisoner was committed, he called at the office of Mr. Williams, and made a communication to that gentleman, which was true. He made a similar communication to a friend of the name of Murphy. He went into prosecutor’s room about eleven o’clock on the night of the 23rd of October. He had no light with him. She was in bed. Edwards proceeded to state that he had criminal intercourse with the girl, and he felt it his duty, when the prisoner was committed, to inform Mr. Williams of what he had done.
Cross-examined by Mr. Adolphus: Witness was out of employment at the time of this transaction. He knew Mr. Cant, and the first time he slept at the Windsor Castle was on the 3rd of October. He had known Cant for four or five years. He had lodgings at Bartholomew-close on the 3rd of October. When he staid at the Windsor Castle late, he was asked to sleep there. The girl did not appear at all unwilling to submit to the intercourse; but on the contrary, appeared quite willing. He had not gone to bed before. She was not covered with blankets. He heard all that had been stated that day, when the prisoner was examined before the justices, but he did not then mention a word of what he had now said. On the way home on Friday, the prosecutrix said that Mr. Cant had called her a drunkard, and she would fix him for it. She then seemed happy enough.
Murphy corroborated this statement by declaring that the witness had told him of what he had done, after the time at which the communication had been made to Mr. Williams.
A number of witnesses were then called, who gave the prisoner an excellent character, and