CHRONICLE. 



45 



otely the prisoner, Thomas Lee, 

 came up to her, and caught her by 

 putting his arm round her neck. 

 The other came up, and they drag- 

 ged her towards the parklpahng of 

 sir John Frederick's park. While 

 the men were dragging her, the 

 woman kicked her several times. 

 They then loosened a paling from 

 the park, and dragged her through 

 the aperture into the old park. 

 Here they abused her very much 

 by beating her violently. She 

 fainted away; and as she recover- 

 ed, she found that they had strip- 

 ped off her gown, pockets, petti- 

 coat, and left her almost naked. 

 She made a noise, but they were 

 not gone ; and they told her if she 

 made any more noise tliey would 

 murder her. She then described 

 the dress of the persons of all the 

 three. She said that Thomas Lee, 

 the taller gipsey, had more hair 

 and whiskers. They were taken 

 the next day, and she recognized 

 them again, except that the whis- 

 kers of Thomas Lee had been 

 shaved off. 



Another witness proved that she 

 passed the same place shortly be- 

 fore, and she saw the three pri- 

 soners near the spot, which the 

 prosecutrix had described as the 

 same of the robbery. 



Foy, the officer, stated, that 

 when Thomas Lee was taken in 

 custody, he appeared as if liis 

 whiskers had been lately cut off, 

 as that part of his cheek seemed 

 much lighter in colour than the 

 rest of his face. But with respect 

 to Adam Lee, he did not take him 

 into custody, but took his word 

 for his appearance at the office. 

 The prisoner did appear on the 

 day, but tiie girl not being there 

 that day to identify him, he was 



again let go at large, on a promise 

 to appear on the following Wed- 

 nesday, which he did, and appear- 

 ed to answer the charge. 



Tliis was all the evidence on the 

 part of the prosecution, the case 

 resting on the correctness of the 

 prosecutrix as to the identity of 

 the prisoners. 



For the prisoners an alibi was 

 set up, to support which a great 

 number of witnesses were called ; 

 the general outline of which was, 

 that Thomas Lee and his wife were 

 in their hut, at Brixton Causeway, 

 on the day of the robbery, and for 

 several days preceding. Some of 

 the witnesses had not seen them so 

 near the time as to be inconsistent 

 with the fact of their having been 

 to the distance of 12 miles, the 

 place of the robbery ; but others 

 spoke with more certainty as to 

 seeing them at near nine o'clock, 

 the time of the robbery. 



Several witnesses also said they 

 saw no alteration in the appearance 

 of Thomas Lee's face, nor did it 

 appear to them that he had cut off 

 any whiskers or hair. 



With respect to Adam Lee, 

 some witnesses stated, that they 

 saw him near four on the day; but, 

 on cross-examination, they did not 

 seem to have fixed the day by any 

 certain reference. 



The learned judge told the jury, 

 that this was a case of great nicety, 

 and begged their particular atten- 

 tion to the evidence, observing, 

 that it merely depended on the 

 credit they should give to the pro- 

 secutrix. He then detailed the 

 whole, most minutely observing 

 upon the bearing of every part of 

 it; and said, it was for them to 

 determine between the contradic- 

 tory testimony. 



