This happened in the next parish to Borley. What starts as a simple
accusation of rape, and counter accusations of the existence of a
brothel, soon evolves into a vicious quarrel between a Borley landowner
and the influential vicar of Foxearth.
The scandal caught the imagination of the whole region and the
ramifications were talked about in the district within living
memory.
The contemporary press reports are so full and accurate that we need do
little to help the story along. However, we append explanations and
comments where these are necessary for the full appreciation of the lurid
story
The Foxearth Historical Society
Haverhill Echo
December 5th 1871.
SERIOUS CHARGE AGAINST THE RECTOR
There was a Special Session of the Castle Hedingham Bench on Friday, present were N.C.Barnardiston, Esq, (Chairman), L.A.Majendie, Esq, and Lewis Way, Esq,
The Rev John Foster, M.A., Rector of Foxearth, was charged with committing a rape upon the person of Sarah Newman, a girl of 16 years of age, on the 4th of March last. Mr Jones of Colchester appeared for the prosecution and Mr Salmon of Bury St Edmunds for the defence.
The Rev gentleman took his place during the prior part of the proceedings in the place usually assigned to prisoners but afterwards at the request of his attorney was allowed by the Bench to occupy a seat next to Mr Salmon at the foot of the table. On the opening of the court the Rev W.K.Borton of Wickham St Pauls said as a clergyman and Rural Dean he thought it would be more satisfactory if he were to retire from the Bench during the hearing of the present case.
Mr Jones said it was his unpleasant duty to appear that day in support of a charge which had been prefered by a daughter of a labourer in Foxearth against the defendant the Rev John Foster who is rector of this parish and who was a gentleman of property there, a county magistrate, a clergyman, a tried scholar, a married man and father of a family and was entitled to receive the greatest possible consideration at the hands of the magistrates with regard to the case. But although to the defendant the issues were enormous they were also great to the young woman on whose behalf he appeared. Mr Jones said he would proceed to state the facts of the case.
Mr Jones proceeded to call the witnesses
Sarah Newman, the complainant deposed..
'I live at Foxearth with my father, William Newman, a labourer. Before
the month of March I used to blow the organ at Foxearth church, I
remember being sent by my father to the Rectory for some eye water on the
4th of March last on a Saturday night.
On the Wednesday night previously I was employed as usual at the church
blowing the organ, the handle of the bellows is within the chancel door,
on this Wednesday night defendant came to me in the vestry and asked me
whether I was tired. I said "yes sir". He did not then say or do anything
else. .
I kept there until the man had done playing the organ, when the
defendant came into the vestry again and kissed me twice but said
nothing..
When I went to the rectory for some eye wash the servant answered the
door and took in the bottle which I took with me. I next saw Mr Foster in
the house, he saw me and went out, I heard the door shut. I did not get
the eye wash and left the house. .
I was passing by the door of the defendant's water closet or privy to
get into the road when he took hold of my arm and waist and pulled me
in.'
(Sarah: then went on to describe the offence that she said was then committed).
'I said "let me go, let me go". .
He gave me a shilling and said "don't tell your mother. Don't let your
mother see your clothing tonight; wash them yourself". .
He kissed me again and bade me goodnight and I left..
Whilst I was down defendant put a pocket handkerchief in my mouth so
that I would not make a noise:'
Mr Jones:
'where is the handkerchief?'
Sarah:
'My mother has got it.'
(the handkerchief was then produced),
Mr Jones;
'Did you speak to your mother at any time about it?'
Sarah:
'No'
Mr Jones;
'Did your mother see the linen you wore that Saturday night?'
Sarah:
'Yes, on the 15th of May I left Foxearth and went to London to a
situation which Mrs Foster got me. .
I never asked Mrs or Mr Foster to get me a situation. I remained in
London for five weeks and left because I was unwell. .
I came by rail to Melford station and rode home to Foxearth with Mr
Foster, his son and coachman in his carriage. I have seen Mr Foster since
and he asked me whether I should get into service again when I got better
and I told him "yes sir". .
On the Friday night before I went to London, defendant said to me,
mightn't I nip into the water closet again and I said "no sir".
I was never intimate with any other man. I was 16 on the 6th of March.'
Complainant (cross examined by Mr Salmom):
'I do not know what my father earns a week; he has nothing besides his
wages. There are five children at home and my father and mother..
This affair took place about 8 o'clock on the Saturday evening. .
The privy door opens onto the roadway and anyone going along the road
must pass it. On Saturday night there were a great many people going to
Mr Foster's for wages, medicine, relief, and many other things and they
would have to pass the door if the garden door was locked. .
I know this occurred on Saturday the 4th of March because it was two
days before my birthday..
Nobody told me it was the best way to fix the date. .
I was in Sunday school the next morning at nine o'clock and said the
Epistle and the Gospel and a hymn to Amelia Ward, one of the teachers. I
saw Mrs Foster there that morning but did not tell her what happened the
night before..
I learnt my lessons on Saturday night after I got home and blew the
organ three times on Sunday. They gave a full choral service at the
church and the organ requires a good deal of wind; it is a largish organ
and it is hard work to blow it. To blow the bellows you must be in the
vestry where Mr Foster's cassock and robes hang. .
I never saw a pocket handkerchief in the pocket of his cassock nor on
the vestry table. .
I saw Mr Jones last Monday afternoon. Mr Gardiner of Borley told me to
go to him, he came to ours on Monday morning and told us there would be a
cab for at two o' clock. He said I must tell the same tale that I told
when I went down there before'
Mr Salmon
'Did he say you were to stick to it?'
Sarah:
'Yes and that I must speak the truth'
Mr Salmon;
'Oh, of course, but you must be sure and stick to it!'
Sarah:
'Yes, a cab came at 12 o' clock and took me to Sudbury. I never rode in a
cab before. I did not pay for it nor yet my mother..
I cannot say who paid for it or for my expenses at Sudbury. I had some
bread and meat at the Bear. Mr Stedman's clerk came there, Mr Jones did
not come. I went to Mr Stedman's and to Mr Jones, he examined me and took
a statement. .
I did not see Mr Gardiner or Mr Viall there that day..
I do not know who pays Mr Jones. Neither Mr Gardiner or Mr Viall have
told me that they would pay. I dont or yet my father or mother.'
Mr Salmon,
'How many times have you been to see Mr Stedman?'
Sarah:
'Twice'
Mr Salmon,
'Why did you go?'
Sarah:
'Because Mr Foster said I had been with another man and I never had, I went down to Mr Stedman's office to see if I could make him prove it. Mr Stedman talked to me about Mr Foster and about him accusing me about going with other men.'
Mr Jones objected to Mr Salmon endeavouring to obtain evidence of the
contents of statement from the Sarah:. The chairman said this was a
preliminary inquiry and not a trial. .
The cross examination continued.
Sarah:
'I went to Mr Stedman' to clear up my character, that is what I went for entirely. My mother was present at the time. Mr Stedman asked questions as well as Mr Jones'
Mr Salmon
'Were you at the rectory making wreaths for Easter in the first week of April?'
Sarah:
'Yes, from Wednesday till Saturday morning, I used to go at 9 in the
morning and leave at six in the evening, I had my dinner in the kitchen
with the servants. I was at the school feast on the 3rd of May and saw
Mrs Foster there. .
Alice Smith has told me that Mrs Foster mentioned the place in London to
her on Sunday morning when she was at the school but she would not go and
the place was offered to me in the evening. I went on the 15th of May and
was at the rectory the week before that as Mrs Foster and the servants
were helping me to get my clothes ready to go away and teaching me how to
do my work..
Mrs Foster generally does that with any young girl who goes into service
and gives her money to get to her place. She gave me four calico
handkerchiefs and four cambric ones for Sunday's. .
I returned home on the 19th of June, I was ill with rheumatic fever
before that and Mr Jones the Union doctor attended me for five or six
weeks, I had the usual medical relief. I was not well at the end of
July.
I remember the Harvest Home on the 27th of September and my father
bought a dinner ticket for me at the rectory. My mother had a ticket too.
I dined and had tea and supper at the rectory but did not go to church.
.
On the night of the 4th of March I did not tell my mother anything had
happened.'
Mr Salmon;
'You say Mr Foster gave you a shilling. What for?.
Sarah:
'He said it was to buy sweets with. I kept it and did not tell my mother.' of it:
Mr Salmon;
'You said he told you to wash your clothes that night, did you?'
Sarah:
' No:'
Mr Salmon;
'Did your mother?'
Sarah:
'Yes.'
Mr Salmon;
'What did she say about them?'
Sarah:
'She said I had been with boys. .
I said, I had not. I did not tell her anything else. .
She had never told me that before.'
Mr Salmon;
'Who did you first tell about this matter?'
Sarah:
'Emily Ives, I did not tell my mother until I came home from
service.
I told Ives sometime in April, about a month before I went to my place.
I also told Mr Foster's servant Rachel because she kept asking questions
about it before I went to London. I told no one else.'
Mr Salmon;
'Do you know Harriet Gibbons?'
Sarah:
'Yes, I told her about it but did not tell her so much as the others as I
did not trust her, She said I might have trusted her. .
I swear that I did not tell her that this took place at the school
treat. .
I did not tell her it took place three times.'
Mr Salmon;
'The privy is not many steps from the kitchen is it?'
Sarah:
' No:'
Mr Salmon;
'And the servants live in the kitchen?'
Sarah:
'Yes, Harriet Gibbons was in the habit of coming to our cottage to work but I never used to talk to her about Mr Foster.'
Mr Salmon;
'Did she say to you "did you make a noise" .
and did you reply "I might have"'
Sarah:
'No, I said yes, I did not say "I did not like making a noise there".
.
I continued organ blowing and going to school until I went away on the
9th of May'
Mr Salmon;
'Did you repeatedly deny to your father that this had taken place?'
Sarah:
'Yes, because Mr Foster had told me not to tell him. I told the truth last Wednesday'.
Mr Salmon;
'Was that for the first time?'
Sarah:
'Yes.'
Mr Salmon;
'Did he ask you several times before?'
Sarah:
'Yes.'
Mr Salmon;
'And you always told him there was no truth in it?'
Sarah:
'Yes, because I did not like to tell him'.
Mr Salmon;
'Has Mr Foster complained of the conduct of your mother's house?'
Sarah:
'Yes, but only on that Sunday morning on the 29th of October when she came home from the rectory very angry'.
Mr Salmon;
'Did she say Mr Foster called her a whore?'
Sarah:
'No, what she said was that Mr Foster had said, "five married men have
been to your house and one in particular has been intimate with your
daughter and you likewise"..
She asked him to tell her what man he meant but he would not tell her.
He called her a liar. He said when he came home he would have everything
cleared up and she said she would have it cleared up before he went. He
left home the next day.'
Mr Salmon;
'In consequence of what took place that day did your mother take these proceedings?'
Sarah:
'Yes.'
Mr Salmon;
'There have been men coming to your house and bringing beer have there not?'
Sarah:
'No.'
Mr Salmon;
'Do you know a married woman came to your house after her husband.'
Sarah:
'You mean Mrs Mansfield'
Mr Salmon;
'Has not she complained that your house was a very bad one?'
Sarah:
'I have never heard her. She came once after her husband but he would not
go with her, she would not have come but for my mother meeting her in the
street and she told her that her husband was there. That was at about
half past ten at night not between one and two. .
George Mansfield has been to our house of an evening and Josiah
Mansfield, Robert Mott and Joseph Dean but did not stop more than half an
hour. .
Mrs Peter Mansfield did not say to my mother, "you dont care so long as
your house is full of men". The men did not sing there nor drink beer, I
will swear that. I have heard that Mr Foster told my mother that we
should not live in the parish but that was long before I went to service.
.
I never told Emily Ives that there was goings on at our house. .
I never heard it said that Josiah Mansfield went with me to my bedroom.
.
I do not remember one night Alfred Piper coming to our place. .
I never walked down the yard with him or Peter. .
I never patted him on the back'
Mr Salmon;
'You and your mother have been travelling about a good deal this last fortnight?'
Sarah:
'Yes.'
Mr Salmon;
'Where did you go?'
Sarah:
'The first day; I went to Mr Stedman's'
Mr Salmon;
'Where the next day?'
Sarah:
'We went to Mr Borton's at Wickham, no one sent us there.'
Mr Salmon;
'Where the next day?'
Sarah:
'We went again to Mr Stedman's on Friday and to Mr Gardiner's at Borley.'
Mr Salmon;
'What did he do?'
Sarah:
'He took down what I said to Mr Stedman. He kept writing what I was saying and I took the statement to Mr Stedman?.'
Mr Salmon;
'Who sent you to Mr Gardiner?'
Sarah:
' No one.'
Mr Salmon;
'How come you to go, he lives in another parish?'
Sarah:
' Because we heard talk of him.'
Mr Salmon;
'Had no one ever told you that he was an enemy of Mr Foster's?'
Sarah:
'No never.'
Mr Salmon;
'Have you ever heard that he or his brother had lost his farm through him?'
Sarah:
'No.'
Mr Salmon;
'What did Mr Gardiner say?'
Sarah:
'He would take it up for us.'
Mr Salmon;
'Did he say he would pay the expenses?'
Sarah:
'No.'
Mr Salmon;
'Did your father know you went?'
Sarah:
'I told him last week'
Mr Salmon;
'Who paid your expenses?'
Sarah:
'There were none as we walked everywhere and the only refreshment we had was at Mr Gardiner's where we had a piece of cake and a glass of beer. He came to our house last week and told my mother not to make anything up and told her a cab would come for us at two o'clock. He came again on Wednesday and told us we were to be at Hedingham today'
Mr Salmon;
'Did anyone else come?'
Sarah:
'Yes Mr Pratt Vial came on the 18th and told my mother not make anything up'
Mr Salmon;
'Have they not mentioned anything about money?'
Sarah:
'No.'
Mr Salmon;
'What did Mr Viall say?'
Sarah:
' He said we would not lose anything by it if we stuck to it'
Mr Salmon;
'What did he say about 200 pounds?'
Sarah:
'Nothing'.
Mr Salmon;
'What did he say about a purse of money?'
Sarah:
' Nothing'.
Mr Salmon;
'Did he say anything further?'
Sarah:
'He said he would not like it if it was a child of his, I dare say my mother knows what he said'.
Mr Salmon;
'Did Mr Viall tell you that you must go on with the case or else you and your mother would stand a chance of going to prison?'
Sarah:
'He said if we lost we might stand a chance of going to prison. Gibbons was outside the gate, it was between eight and nine in the evening. I told her Mr Viall had been to our house. I did not tell her that we should get the day and that there would be plenty of money for us if I stuck to what I said at Sudbury. I did tell her that he was afraid that I would make it up with Mr Foster, or had Mr Viall had told me so.'
Mr Salmon;
'Did you show her a florin?'
Sarah:
'I swear I did not because he did not give me anything'
Mr Salmon;
'Did he give your mother anything?'
Sarah:
'I did not see him'.
Mr Salmon;
'When did you see him again?'
Sarah:
'Last Wednesday night he came but I was not at home, as my mother were going out, on the 23rd we met him and he stopped his horse and spoke to her as he was going to market.'
Mr Salmon;
.Has any money been given to you for coming here today?'
Sarah:
'No sir, I came in a cab which Mr Jones said he would send'.
Mr Salmon;
'There is only one more question, Has Mrs Foster got jobs for other girls in the village and always sends them away in an outfit?'
Sarah:
'Yes, I think so.'
Mr Salmon;
'Did Mr Foster come from London the same day that you did?'
Sarah:
'Yes in the same train, I saw him at the station.'
Re examined by Mr Jones:
'Have other persons been in your house other than Mr Viall and Mr Gardiner?'
Sarah:
'No.'
Mr Jones;
'Has Mr John Chickall been?'
Sarah:
'Yes and Mrs Foster came last week but none of us were up except my brother'
Mr Jones;
'Did you hear Mr Foster complain about your mother's house.'
Sarah:
'No.'
Mr Jones;
'You say you remember seeing me and Mr Barnardiston at Sudbury, whom did you see first?'
Sarah:
'You'.
Mr Jones;
'And were you questioned before Mr Barnardiston came?'
Sarah:
'Yes'.
Matilda Newman said
'I am the wife of William Newman of Foxearth a labourer.
I remember my daughter being sent to the rectory at Foxearth for some eye
water on the 4th of March. A short time after that on the Wednesday
following, I observed her linen, my daughter had not been unwell before
that. On the Sunday morning I supplied her with extra articles of
clothing. On the 26th of May I first heard of something bad between Mr
Foster and my daughter.
On the 29th I went to the rectory to see Mr Foster and asked to speak
with him. The first word the defendant said was "how is your
mother";
I said, "I have come on a different subject, a very serious case I am
come about".
Defendant said "what is that?"
and I said, "I suppose Mr Foster knows the scandal there is in the parish
about my poor child and him?".
He said, "no what is that?",
I said "they tell me, Mr Foster, that you have been the ruin of my child
and now I have sent her away, but I will know the truth of it because my
child will come home. "
He said "Oh don't do that Mrs Newman, don't do that!"
I said" I will, I am determined to do so".
He said "who says these things?"
I said "the whole parish is talking that Mr Foster has been the ruin of
her". He said "who told you about it first?"
I said "my sister told me about it".
He said "dont have her home".
I said"I will".
He said "You will be sent from the parish at once. Your child is not hurt
by me as sure as I have this bible in my hand, so help me God, are you
satisfied now?"
I said "I will believe my child."
He said "Don't have her home and I will be your friend to you as long as
you live and I live if you let her remain there".
He came to my husband in the evening about six o' clock. I was
there.
Defendant said "Well Newman, what about this, your wife came this morning
and told me I sent your child away with child by me",
I said "begging your pardon sir, I did not say this, I said you have
been the ruin of her and sent her away".
He said "I have not hurt your child, don't you think you ought to believe
me, Newman, being the clergyman of the parish. You do believe me now
don't you. Keep quiet and I will be a friend to you and your wife for as
long as you live and I live. "
He said "are you satisfied now" and my husband said "yes" and I said I am
not,
the church bell rang for prayers and defendant left.
I saw him again on Sunday night before my daughter came home when he gave
me her address and sent me to Camberwell after her. Mr Foster met us at
Melford station on the Monday morning and he gave me the money for a
return ticket from London.
When I left Shoreditch he put me in a cab and gave me Sarah's expenses
home as she was so ill she was obliged to come home. When I returned with
her I saw defendant again, I walked from Melford station to Foxearth.
Defendant knew what train I was coming on but my daughter went home in
his carriage.
On the Tuesday following he came to see her. I told him the people next
door were laughing and jeering at her and scorning the poor girl.
He said "Never mind that tell them to look at home at what they have got
there."
I said "I know myself better than to say that."
I saw him again since but not my husband and him together at the same
time.
Cross examined:
'My husband works for Walter Chickall, (Carbonells) I do not know what he
earns but he gives me 9s for the house and has to keep himself up at his
club at 4s 9d a quarter. The little boy earns 3s a week. There are no
other earnings.
No one first sent me to a lawyer. I went there three weeks ago last
Monday morning.
The night before Mr Foster left Foxearth, I took my baby to show him, for
I had a pint of milk allowed me from the rectory which was stopped. I
said I wanted the milk as much as ever I done, he said the milk would go
on again.
He said "now Mrs Newman I am glad I have happened with you alone for I
have been about the parish and understand you keep a very bad house. You
have had up to four men at your house at one time, married men and one of
those in particular has had improper intimacies with your daughter and
you likewise". I said "will you tell me what man it is?"
he said "not now".
I said "you will tell me what man it is".
He said "I am going in the morning and when I return home I will have
eveything cleared up".
I said "so you shall before you go. No man has ever been with my child
except you"
and he said "don't make a noise", I said "I will!"
and he said "you are a liar!",
I said "am I? We will see about that!".
Mr Salmon;
'Did you tell your husband that he called you a whore?'
Mrs Newman:
'No'
Mr Salmon;
'never?'
Mrs Newman:
'No!'
Mr Salmon;
'Now, has not what Mr Foster said to you this morning been the case for the present proceedings?'
Mrs Newman:
'I thought I could not prosecute him'
Mr Salmon;
'for what?'
Mrs Newman:
'For disgracing my child'.
Mr Salmon;
'You say you went to Mr Stedman's, what for?'
Mrs Newman:
'To know whether I had any claim for Mr Foster scandalising me'.
Mr Salmon;
'Who told you about Mr Stedman?'
Mrs Newman:
'I met a man on the road who told me about him'.
Mr Salmon;
'why did you not go before?'
Mrs Newman:
'I had no shoes'.
Mr Salmon;
'Where did you get them at last?'
Mrs Newman:
'I mended my old ones before I started out, I took my daughter with me'.
Mr Salmon;
'When did you go to Mr Gardiner's?'
Mrs Newman:
'The Tuesday after I had been to Sudbury: I did not tell him I had been
to Sudbury, I will swear to that. He lives at Borley and I went to see
him to see whether I could have someone to help me. I went to buy some
straw for platting, I bought eleven penny worth and paid him. I saw Mr
Gardiner near his farm.
When I got to Sudbury I asked a man where there was a lawyer and he said
Mr Stedman's office room was near the station. I went to the office and
saw the clerk,
I next went on the following Tuesday. Mr Gardiner did not tell me to go
but he did tell me to go and see Mr Borton at Wickham. I first saw Mr
Jones last Monday. Mr Stedman sent a cab for me. I did not hire or pay
for it, I cannot pay Mr Jones as I have no money. I found him at Mr
Stedman's: Mr Salmon; all cut and dried: Yes he examined me and my
daughter, when my daughter came home she was put under the care of Mr
Jones's the doctor, being ill with rhuematism.
I asked defendant for a ticket to the Harvest Home, he refused and
referred me to Mrs Foster and I gave her sixpence for one.
My daughter first complained to me on Sunday evening the 5th of March.
She did not say anything to me about Mr Foster, she told me she was ill
for the first time.'
Mr Salmon;
'Did you tell your husband anything about Mr Foster?'
Mrs Newman:
'I have told him since'.
Mr Salmon;
'And he has told you he doesn't believe it?'
Mrs Newman:
'No, he has never said that, he said he could not believe a man like Mr Foster could take a child and treat her like that: At first he did not believe it.'
Mr Salmon;
'How did he first know?'
Mrs Newman:
'He heard my sister tell me about it on Friday morning.'
Mr Salmon;
'Did he say he thought you were worse than the girl'.
Mrs Newman:
'No, never'
Mr Salmon;
'Did you go to Mr Foster for a ticket to buy some clothes for the children?'
Mrs Newman:
'No sir, he came to my house and said he would be a friend to me as long as he lived, I told him my little boy was without shoes and he gave me ten shillings but never gave me a ticket.'
Mr Salmon;
'Did you say that you knew something about your daughter and there was a gentleman who would give you 200 pounds to have it enquired into?'
'No he brought that up himself and said "is that the truth Mrs Newman that you have been offered a great deal of money": I said "yes sir"'
Mr Salmon;
'Was that true?
Mrs Newman:
' Yes'
Mr Salmon;
'How was it offered?'
Mrs Newman:
'In a letter.'
Mr Salmon;
'Where from?'
Mrs Newman:
'I do not know'
Mr Salmon;
'Where is the letter?'
Mrs Newman:
'I burnt it'.
Mr Salmon;
'When?'
Mrs Newman:
'I do not know exactly, about three weeks ago'
Mr Salmon;
'What was in the letter?'
Mrs Newman:
Only a few words to say that the money would be there if I went and spoke the truth about my child:
Mr Salmon;
'When did you get the letter?
Mrs Newman:
'The same morning when Mr Foster came to my house.'
Mr Salmon;
'Was anyone there when you burnt the letter?'
Mrs Newman:
'No, I should not have burnt it only my baby tore it'
Mr Salmon;
'Who told you to burn the letter?'
Mrs Newman:
'I will swear no one told me, my child tore it'.
Mr Salmon;
'Do you wish the magistrates to believe you did not know what name was on the letter?'
Mrs Newman:
'Yes, there was no name on it only mine and a few words saying that if I went forward and spoke the truth I would get the money.'
Mr Salmon;
'Who did you show the letter to?'
Mrs Newman:
'To no one, not even my daughter or husband: I found the letter shoved underneath the crack in the door: I got it when I went out. I burnt it before I went to Mr Foster's on the Sunday morning.'.
Mr Salmon;
'When you first mentioned it did you say that it was a great sum of money for a poor woman.'
Mrs Newman:
'No I did not!'
Mr Salmon;
'And that it was a real gentleman that offered it?'
Mrs Newman:
'No, I never told Mr Foster so, I can look Mr Foster in the face...'
(suiting the action for the word) '...and swear that I will do so,
Mr Foster said "what good will it do you?" When he said he would turn me
out of the parish I made no reply.
I know Mrs Ives very well, she has not complained to me about my house. I
know Harriet Gibbons but she has not been in my house lately. I never
mentioned to her that my daughter never had a shilling in her life.
I do not remember when my husband got up to strike me when Harriet
Gibbons was there. He has never struck me since we have lived in Foxearth
and that is ten years. He has not turned me out of the house in his life
at night, not when Peter Mansfield was there. He has never turned me out
of the bed. A chance time men have been in the house to have a pint of
beer with my husband because there is no public house in the street but
never more than once or twice except the night when there four, when Mr
Foster wanted to make out that I kept a bad house, they were all married
men who came. ..'(names mentioned) '...Their wives have not come after
them except Mrs Mansfield and then she should not have come unless I
asked her. Mrs Piper came one Sunday morning but did not call me an ugly
name. I never heard her call me a whore and say I was never happy except
when I had a house full of men. The men never sing in my house, perhaps
they have a pint or so with my husband on club night.
My husband sleeps in a bedroom at the middle of the house, all the rooms
are on the ground floor, he never goes to bed and leaves a man in the
house, he often goes to bed before me and my daughter.
I have never struck my husband since I lived at Foxearth'
Mr Salmon;
'Now, who told you that if you didn't go on with this case you would be sent to prison, who told you?'
Mrs Newman:
'No one'
Mr Salmon;
'By the Bench, who told you?'
Mrs Newman:
'I cannot say, I dont know what you asked me!'
The Clerk;
'I think the witness seems a little deaf, come on I must have it!'
Mrs Newman:
'I am considering sir!'
Mr Salmon;
'Answer the question, or I will ask the Court to commit you!'
Mrs Newman:
'Mr Gardiner told me'.
Mr Salmon;
'Did he tell you not to tell?'
Mrs Newman:
'No'.
Mr Salmon;
'Why did you not tell then? Did he say you shall have the money if you go forward with it?'
Mrs Newman:
He said he would see me righted. He never said a word about money nor did
Mr Viall.
Mr Viall has been to my house several times to see if I was going on with
it. He did not advise me to go or stop, he said he would not like to have
a girl of his served this way. I never heard him say if Mr Gardiner did
not take the case up he would.
My daughter showed me a florin he gave her one night as he was going out
of the cottage. I never heard him say he would give plenty of money to my
daughter if we would not make it up. He asked whether Mr Foster had sent
a woman to doctor my daughter, I have not had a farthing from these
gentlemen except what my daughter had that night. I had some refreshment
at Sudbury last Monday but did not pay for it, Mr Stedman's clerk
did.
I never saw Mr Viall give my daughter a florin.
A remark being made from the Bench that the case would have to be adjourned. Defendant said he could produce a certificate to state he was in very bad health and he would be glad to be relieved of the anxiety which he had considering the nature of the charge. Mr Majendie said he was prepared to sit all night if necessary. The case then proceeded and Wm.Newman, the father of the prosecutix was called and sworn.
He said;
'I am a labourer at Foxearth, I remember Mr Foster speaking to me about
my eye. He met me in the street on the 4th of March and said "send down
to my house and I will send you something up to do it good". And so it
did do good and I am very much obliged to him for it. My wife sent the
girl down for it but she did not bring it home with her that night. I do
not know how long she was gone.
Mr Foster came to my house and asked if there was anybody there besides
me and my wife, I said "no". He then said he would be a friend to me as
long as I lived and as long as he lived and he said he would be a friend
of the family. He then made me this offer. I asked him one day if he
would lend me some money to get a new tool and he gave me four shillings
to get one and that was very kind. That was on the 28th of June, I
afterwards had a club ticket for 30 shillings. I was not a member of the
club and I thought it very kind: My wages are 10s a week and six besides
my wife and myself live out of that:'
Mr Salmon;
'Do you remember the 4th of March?'
Mr Newman:
'Yes'.
Mr Salmon;
'How?'
Mr Newman:
' I was sowing guano and finished that day and that was the day I met Mr Foster in the street. There was another thing too'
Mr Salmon;
'What was that?'
Mr Newman:
'That was my club night, I have one the first Saturday in the month and there was another thing too, my eye was bad and my wife tempted me not to go, so I have occasion to recollect that night for more things than one'
Mr Salmon;
'But don't you recollect anything about the 4th or 18th of March?'
Mr Newman:
'No I have nothing to recollect them by, my daughter never complained to me about this affair'
Mr Salmon;
'You did not believe her then did you?'
Mr Newman:
'No.'
Mr Salmon;
'You don't believe her now do you?'
Mr Newman:
'There is plenty of proof for it'.
Mr Salmon;
'Do you believe it?'
Mr Newman:
I would have believed more had it been one of my own class but I did not
believe defendant was so bad. I told Charles Smith that I did not believe
it and that I should never alter.
My daughter denied it and did not like to tell me about it and said if I
went through the job she would tell me all about it and I would not
appear against any man. She told me the particulars last Friday
night.
I frequently go to bed early but I have never left a man in my house. I
have quarrelled with my wife years ago but I did not come here today to
talk about that. I dont know that I ever put her out of the bed at
night.
I didn't employ a lawyer and shan't pay him.
This being the evidence for the (prosecution?). The magistrates retired and were absent for half an hour. On their return the Chairman said:
'The Bench looking to the evidence brought before them in support of this charge and looking also at the contradiction and false swearing on the part of one of the witnesses on the points relating to the evidence do not consider it right or safe to send the case to a Jury. The case will therefore be dismissed.'
There was an attempt at applause which the chairman immediately suppressed. The defendant received the congratulations of his friends. The proceedings lasted upwards of seven hours and were listened to by a full court, many of the clergy, gentry and farmers of the district being present.
Local legend has it that, while the father of the girl was walking to
Hedingham to give evidence, a pony and trap pulled up and a stranger
asked him if he would like a lift. When they got to a public house, the
stranger asked him if he would like a drink. When they finally got to
court he was too drunk to give evidence. (G.H.)
Foxearth Historical Society
Haverhill Echo
December 5th 1871.
On Sunday afternoon Foxearth church was crowded with parishioners and people from Sudbury, Lavenham, Melford, Glemsford and other places in consequence of rumours that the Rector intended to allude to a certain case heard at Hedingham Bench but they were disappointed as the Rev Irvine, a former Curate of Foxearth was the preacher.
The sermon was appropriate for the Advent season. The collects were read by the rector who wore his alb and long cassock and embroidered stole edged with a fringe but no hood.
In giving the concluding benediction he stood in front of the altar with his right hand raised and several fingers closed in "Catholic Style". He occupied his usual Priest's seat during other parts of the service. All the other clergy wore tight albs instead of flowing surplices etc., all were of violet the "orthodox" penitential colour for Advent.
Haverhill Echo
December 19th 1871.
It is reported that as the recent charge against the Rector of Foxearth which was dismissed by magistrates as "not proven" the Bishop has informed the parties concerned that it is not necessary for him to issue a commission.
It is also announced that the case will come up again in a different form and that the reverend gentleman has annouced his intention of prosecuting the prosecutrix and her parents for perjury. On the other hand the father will bring action against the rector in a civil court for the seduction of his daughter. Mr Foster left the rectory last Monday morning with his friend the Rev Irvine.
Mr J.S.Gardiner of Borley has published a letter relating fully his share in the matter.
This painful case has created great excitement far and wide as Mr Foster is well known in public life and the evidence and decision of the magistrates is freely criticised as many think the case should not have been dismissed.
Haverhill Echo
February 20th 1872.
The Bishop of Rochester has appointed the Rev H.Shortland the rector of Twinstead as Diocesan School Inspector in place of the rector of Foxearth.