Nehemiah Smith: Assault on Ann Underwood

NEHEMIAH SMITH, aged 41, was charged with assaulting Ann Underwood, of Desborough, with intent to commit a capital felony.

Mr. Waddington appeared for the plaintiff, and Mr. Humfrey for the defendant.

Ann Underwood stated that she was servant to Mr. Iliffe, living at Desborough. On the 30th of April, she went to Harborough Fair, about five miles from Desborough. Witness's friends live at Braybrooke, and on her way home to Desborough she went towards Braybrooke to see her friends. It was moonlight about eight o'clock. There is a road which crosses the road from Braybrooke to Desborough, and which leads from Arthingworth to Stoke. When she reached this place, a man came up to her, laid hold of her, and asked where she was going. She replied, "to Desborough." The man then said she should not go any further. Witness screamed out, "murder!" and he put his fist to her mouth, and pushed her down in the middle of the road. She asked him to let her get up to take her bonnet off, intending to run away. He let her get up, and she again screamed, murder! The man again threw her down on the side of the road, and committed the assault. Witness contrived to get away from him, and run towards Desborough, leaving her umbrella, shoe, and basket behind. She met Mr. Henry Baines on her way, and told him what had happened. When she reached Desborough, she went into the house of Mr. Coe, and remained there until Henry Baines brought her her shoe, basket, and umbrella. She then went on to her master's house at Desborough. Witness spoke positively to the prisoner at the bar being the man by whom the assault was committed. He had scratches on his right cheek.

H. Baines stated that he lives at Desborough. On the evening of the 30th of April, he was standing at his father's gate, at Desborough town end, and heard a cry of murder! repeated several times. Witness went towards the place whence the sound proceeded, and met Ann Underwood crying murder. She was running towards Desborough. One of her shoes was off, and her dress was dirty, as if she had been down on the road. She stated what had happened to her, and witness in consequence went towards Braybrook, and found an umbrella on the middle of the road, a basket on the side of the road, and a shoe sticking in the dirt.

John Kendall stated that he lives at Desborough, and is a farmer's servant. He saw the prisoner come up Desborough street on the 30th April last, about half-past eight o'clock in the evening. He was going in the direction of Harborough.

Samuel Gibbs, a shepherd, stated that he was in his master's field, adjoining the Desborough road, between eight and nine on the 30th of April. He saw a man coming along the Stoke road from the Harborough road. It was the prisoner at the bar, who is a gipsy.

Ann Moore was going along the Harborough road on the evening in question. When she reached the cross road from Arthingworth to Stoke she heard a scream of murder. Witness had come along the road all the way from Harborough to Desborough. She met a man on foot and another on horse-back, but neither of them was the prisoner.

John Iliffe, the master of the prosecutrix, stated that when he came home at ten o'clock, he found Ann Underwood crying, and very hysterical. He sent for her sister to sleep with her.

Elizabeth Underwood stated that she was sent for from Braybrook to attend her sister. She found her extremely ill.

Joseph Ball, the constable, apprehended the prisoner in the Horse-market of this town, on Saturday the 4th May. On his cross-examination by Mr. Humfrey, witness stated that he had known the prisoner many years. He was a dealer in horses, and had dealt in them for thirty years to his knowledge. Never heard any similar charge against the prisoner before.

The examination of the prisoner before Mr. Wetherell was put in. It stated that (he) the prisoner, never turned off the turnpike road, and that the scratches in his face he received on the 29th of April, from his son.

Guilty. Imprisonment and hard labour for 18 months.

 Northampton Mercury, Saturday 13 July 1833