QSR1880/2/5/4

Depositions of David Jaquest, police constable of Luton, Francis Fensome, of Chobham Street, Luton, John Stanton, police constable of Luton, Ellen Cain and Mary Ann Odell, and Horace Sworder, surgeon of Luton. In the case of Charles Smothy accused of indecently assaulting Ada Cain.

28 February 1880

From: 1880 To: 1880

Francis Fensome: lived in the almshouses on Chobham Street, Luton. She worked for the Reverend O’Neill. On 21 February, he was at work at the furnace which heated the church and there were some steps leading out of the church yard to the furnace. He was at the bottom in the stoke hole and he saw a young man with the child on his knee hugging her closely. He sat on the 4th step from the bottom. He said to the child “Don’t cry my dear” and he gave it a book so it shouldn’t cry. Fensome told the little girl not to cry. He then locked the door and went away. He looked up and saw the prisoner and asked what he was doing. The prisoner had a piece of newspaper and said he wanted to read. Anyone could see their heads as they walked down the path. He had first saw the prisoner on the 18 February, when he was down the steps. He had been coaxing another little child down and had said “this is a cunning little place”. He knew the child on 21 February to be Ada Cain. (Cross examination) he came out of the furnace and saw the man sitting on the steps but nothing excited his suspicion. Ellen Cain: wife of Alfred Cain living in Park Lane, Luton, close to the Baths. Ada Cain was her daughter and was 5 years old. On 21 February her child came running home crying. The child told her a man had given her some money and then taken it away again. She asked why he had given her money and where had he taken her. Ada said he had taken her down some steps […..description of assault……]. She examined her daughter and found her swollen and sore. She bathed her and could not send her out for 3 or 4 days as she could not walk. She informed the police. Horace Sworder: a surgeon of Luton. He examined Ada Cain and found swelling on her sexual parts. […description of examination….] He found nothing more than he might if the child had been playing about. He believed what he saw may have been done in play. Mary Ann Odell: wife of Charles Odell residing next door to Mrs Cain. On 21 February she went to Mrs Cain’s house at her request and saw Ada. She examined the child’s private parts and found her very much swollen and she could not walk the next day. John Stanton: a police constable of Luton. He made enquiries and met the prisoner in George Street on 25 February. He stopped him and accused him of indecently assaulting Ada Cain in the St Mary’s churchyard. Smothy said “yes I know I acted very rude and I am very sorry for it”. He was asked what he meant by that and Smothy described what he had done to the girl. Smothy asked to be forgiven and for no further action to be taken. Smothy offered Stanton half a crown. Stanton said he would report the matter and on the following Thursday he received a warrant for the prisoners apprehension. The prisoner subsequently asked if he thought they would be hard on him and he hoped they’d allow him to pay. He had not been told the prisoner was very soft or stupid. Statement of the accused – Charles Smothy: reserved his defence.

item

Smothy, Charles,
Cain, Ada,
Jaquest, David,
Fensome, Francis,
Stanton, John,
Cain, Ellen,
Odell, Mary Ann,
Sworder, Horace,
O'Neill

Luton Chobham Street, LUTON, surgeons, sex crimes