The police had their work cut out for them in ensuring Edward Smith reached the Marylebone Police court safely. A large crowd had gathered outside the police station that was holding the ‘ruffianly looking fellow’ – a 26 year-old sawyer who lived in Paul Street, Lisson Grove. Had the crowd been able to get to him the press reported, ‘he would no doubt have been subjected to much violence’.
Smith did make it to court that day and Mr Broughton’s courtroom was crowded as the public crammed in to see that justice was done to Smith. The exact details of his offence were alluded to rather than described in detail by the Morning Post and that was because they involved the attempted rape of a young girl.
That child was Sarah Harriett Cooper and she was also in court that morning. Today Sarah would have been spared another direct confrontation with her abuser but in the mid Victorian period there were no such considerations for the welfare of the vulnerable. Sarah, aged 11 or 12, was stood in the witness box and asked a series of probing questions about her experience.
She told the magistrate that while her mother was a work she and some other girls were playing in a piece of open ground on the Harrow Road which was owned by a nurseryman. The little girls were trespassing but doing nothing more than running about and having fun. Suddenly Smith appeared and seized hold of Sarah and the three other children ran away in fear. Sarah said she pleaded with him to ‘let me go home to my mother’ but the sawyer put his hand over her mouth, told her not to make a noise, and threatened to cut her throat.
What happened next was not recorded by the press except to state that it amounted, if proven, to the committal of a ‘capital offence’. By 1852 adult rape was no longer capital but Sarah was under the age of consent (which was 13 until 1885) so perhaps that was a hanging offence. Sarah testified that she had ‘cried all the while he was ill-using me’ until ‘he at last lifted me up and brushed down my clothes, which were dirty’ [and] I ran away’. A crowd had gathered near the gates of the gardens and she told them what had happened.
Smith had hurt the child in other ways; he’d used a knife to cut a wound in her hand and she held it up to show the magistrate the puncture mark on her left palm. If this wasn’t evidence enough of Smith’s cruelty there other witnesses appeared to add their weight to the charge.
George Ashley had been walking past the gates to the nursery with friend when a small boy ran out shouting that his sister had been taken away by a man there. Ashley entered the gardens and saw Smith lifting the child up. Sarah was screaming at the top of her voice and the man was telling her to be silent. He sent his companion to fetch a policeman.
PC Lane (372A) arrived soon afterwards, finding a large crowd gathered around Sarah, who hand was bleeding badly. He soon discovered Edward Smith hiding in an outside privy at one end of the nursery grounds. The door was locked but PC Lane burst it open and arrested the sawyer. Questioned about his actions Smith simply declared:
‘Well, you needn’t make all this fuss. I only did it to frighten the children, knowing they had no business in the garden’.
The accused was taken back to the police station house and a search was made of the water closet. PC Cookman (55D) found a large bladed knife buried in the loose soil by the WC, which was open (suggesting it had been recently used and abandoned in a hurry). The girls’ mother described Sarah’s injuries and trauma when she’d got home, and a certificate from the surgeon that had treated her was read out in court detailing her injuries.
Finally the magistrate turned his attention to the man in the dock. Smith denied using violence against Sarah, or at least denied acting in an unlawful way. She and her friends were trespassing and he insisted he was only intending to ‘pull up her clothes for the purpose of giving her a smack, when she began to cry, and ran off’. He said the knife wasn’t his and he had no idea why it was found by the closet. He’d been drinking he said, and because he rarely touched alcohol, that had affected his head. Mr Broughton remanded him for a week and he was taken away to Clerkenwell Prison in a police van, followed all the way by a baying crowd of angry locals.
Just under a month later Smith was formally tried at the Middlesex Sessions of the Peace for an aggravated assault with the intent to rape. Smith was convicted by the jury and sentenced to 18 months imprisonment.
[from The Morning Post, Tuesday, March 30, 1852; The Morning Post, Wednesday, April 14, 1852]