- ReferenceQSR1878/3/5/5
- TitleDepositions and examination - James Hart, charged with indecently assaulting Eliza Elizabeth Lumbis at Renhold on 25 April 1878
- Date free text25 May 1878
- Production dateFrom: 1878 To: 1878
- Scope and ContentEliza Lumbis of Renhold, wife of David Lumbis – 3 weeks last Monday her daughter Eliza Elizabeth Lumbis told her something. She went immediately to Mrs Clarke’s. Her daughter was 12 years old last August. Eliza Elizabeth Lumbis of Renhold – she is 12 years old. On 25 April she saw James Hart in his house. She went there on an errand for her mother a little after 6pm. [Description of assault …] He threatened to beat her if she shouted. Mrs Clarke fetched her out of the house. [Cross-examined] No one was in the room besides Mr Hart. Her mother had left her with her brother and sisters. She left them in her house when she went to Mrs Hart’s. Her mother sent her there to say that she [mother] could not do a hat that week. Her mother was not at home when she went back from Mrs Hart’s. Her mother came home a little after 9. She did not tell her mother about it when she came home because she thought she would flog me. She did not tell her mother until she had heard of it. It happened on Thursday and her mother asked about it on the Monday. Mrs Clarke was washing and was hanging clothes out and said she saw Hart in an indecent way and came and fetched her out. Mrs Clarke said she was a very naughty girl. She did not say why. She told Mrs Clarke what Mr Hart had done. Harriet Clarke of Renhold, wife of Henry Clarke – a month last Thursday she saw Eliza Elizabeth Lumbis go up the yard by her window. She heard the little children she was left with crying. She went to Hart’s house and saw her there. Hart was there. She said to her “Lizzy you are a naughty girl your little children are outside crying”. Eliza came out directly. Hart was a little distance from her. She did not hear the slightest noise from them. She must have heard if she had made an alarm. The man stood some distance from the child with his trousers out of order. [Cross-examined] She did not go there because she saw what was happening but because the children were crying for “Lizzy”. The girl was not crying when she saw her and did not look frightened. She said “Lizzy, I shall tell your mother”. The girl said “pray don’t tell my mother, I will never go with the man no more” and said she would get flogged for going there. She did not say her mother had sent her with a message and did not say what Hart had done. Hart said he was sure he had not touched the girl. Eliza Lumbis recalled – she examined her daughter before her daughter said anything to her. She did not have a doctor because she would not have her exposed. She does not work for Mrs Hart but has done jobs for her. Mrs Hart brought her a hat to trim on the Wednesday night. She has not talked the matter over with her daughter since then. James Hart – reserves his defence.
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