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FREDERIC, LORD BALTIMORE; ELIZABETH GRIFFENBURG; AND ANNE HARVEY.
TRIED FOR THE COMMISSION OF A RAPE, THE FEMALES AS ACCESSORIES BEFORE THE FACT.

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ALTHOUGH the trial of these persons was not followed by a conviction, the extraordinary nature of the transactions described by the prosecutrix in the case renders it our duty to state the facts alleged as they appeared at the trial.

The title which was inherited by Lord Baltimore, who was a peer of Ireland, was originally granted by James I. to Mr. Calvert, from whom he was lineally descended, together with a large tract of land in America, now called Maryland. His lordship is related to have exhibited a taste for knowledge in early life, and was sent from Epsom, where he was born, to Eton, where he soon gained a considerable acquaintance with the classics. His father dying before he was of age, left him an ample fortune; and he is said to have shown at this time the existence of that passion which subsequently brought him into the difficulty from which he was compelled to extricate himself before a jury of his country.

In obedience to the custom of the times, the young lord proceeded to perform the grand tour; and it is reported that having sailed from Naples to Constantinople, he there imbibed so great an admiration for the manners of the Turks, that on his return to England in 1766, he caused a portion of his family mansion to be taken down, and to be rebuilt in the form of a harem. His lordship was not long in completing his new establishment; and, like the persons whose customs he imitated, he gave to its inmates certain rules, by which he directed that their conduct and demeanour should be regulated.

The disgusting passions of his lordship, however, knew no bounds; and agents were employed in London, whose duty it was to select new objects for the gratification of his lustful desires. Amongst others who were thus engaged in this degrading office were the women Griffenburg, who was a native of Germany, and the wife of a Dr. Griffenburg, and Harvey, whose names appear at the head of this article. They were both women of low education, and their duty was to discover and point out persons who might be deemed worthy of the attentions of their employer, and in case of necessity to aid him in securing the end which he had in view. In the course of their brutal and inhuman searches in this occupation, they unfortunately discovered a young woman of considerable personal attractions, and of some respectability, named Woodcock, who kept a milliner’s shop on Tower-hill; and Mrs. Harvey acquainting his lordship with her residence, in November 1767, he directly proceeded to the spot for the purpose of pursuing his diabolical designs. Calling at Miss Woodcock’s shop, he purchased some articles of trifling value, with a view of making an acquaintance with her; and then having succeeded in opening a conversation with her, he invited her to accompany him to the theatre. Miss Woodcock declined the offer, saying that her religious opinions taught her to believe that theatrical entertainments were incompatible with the due exercise of the worship of the Almighty; and his lordship finding all his efforts to attain his object vain, retired, but only to put his agent, Mrs. Harvey, to work.

Introducing herself as a customer, this infamous woman called repeatedly at the shop of her intended victim, and purchased ruffles and other articles of millinery. On the 14th of December, however, she proceeded to take active measures in her plot; and then ordering a pair of lace ruffles to be made by the following day, she directed Miss Woodcock to take them herself to her residence in the Curtain-road, Shoreditch, declaring that they were for a lady of rank and fortune, who was desirous of encouraging her in her business, and who, if the order was punctually obeyed, would, without doubt, become an excellent customer.

The ruffles were finished and carried home at the appointed time; and then Miss Woodcock being invited in, was received politely by Mrs. Harvey, who pressed her to stay to tea. She declined the invitation, on the ground that it would be dark before she could reach home if she remained; but at this moment a man named Isaacs came in, who said that he was going to the theatre, and Mrs. Harvey expressing a desire at once to convey the goods which had been brought to her to the lady for whom they were ordered, it was eventually agreed, after some objections on the part of Miss Woodcock as to her dress, that as Isaacs must hire a coach, they should all go together.

At this time Lord Baltimore’s carriage was waiting in the neighbourhood, and the Jew going out, called it up, and all three got into it, Miss Woodcock making no remark as to whether it was a private or a hired conveyance. The coachman drove at a great pace; and after they had traversed many streets, the vehicle was driven into the court-yard of a house which appeared to be that of a person of consideration. Mrs. Harvey and Miss Woodcock then alighted, and being ushered into the house, they were conducted through several apartments until they reached one in which an elderly gentleman, afterwards known as Dr. Griffenburg, was seen seated; and he immediately retired, saying that he would acquaint the lady of the house with their arrival. Lord Baltimore soon afterwards entered; and Miss Woodcock was alarmed to find that he was the person who had visited her shop. He bid her rest quiet, however, saying that he was only the steward of the lady whom she was to see, and then quitted the room, but soon afterwards returned with Mrs. Griffenburg, who conversed with her as if she had expected her coming and was the lady of the house. Orders were afterwards given for tea; and on the equipage being removed from the table, Lord Baltimore presented some trinkets to Miss Woodcock, which he said he had purchased for her. As the evening advanced she became anxious to return, and expressed her fears that her relatives would be surprised at her long absence; but his lordship, in order to divert her from this purpose, took her to view the apartments in the house, and at length, on her becoming still more importunate, insisted that she should stay for supper. Private orders having been given for the preparation of this meal, and Mrs. Griffenburg having retired, his lordship began taking liberties of an indecent character with the young lady; but on her exclaiming against this treatment, Mrs. Harvey and Dr. Griffenburg appeared, as if to aid in opposing her escape in the event of her attempting to obtain her liberty. Supper was soon afterwards served; but it does not appear that any idea was entertained by Miss Woodcock of an intention to detain her forcibly until after this meal, when Lord Baltimore told her that there were no coaches to be had then, and that she must remain for the night.

Mrs. Griffenburg and Mrs. Harvey now endeavoured to prevail on the young lady to go to bed; but she declared that she would never sleep in that house; and although they conducted her to a room in which they went to rest, she continued walking about till the morning, and lamenting her unhappy fate. Looking out of the window at about eight o’clock, she observed a young woman passing, to whom she threw out her handkerchief, which was then heavy with tears, intending to attract her attention and send to her father for assistance; but the two women, jumping out of bed, prevented the possibility of her holding any communication with her, and upbraided her for what they called the rejection of her good fortune, declaring their wishes that they were in her happy situation.

The women now quitting the room, Lord Baltimore and Dr. Griffenburg came in soon afterwards; when the former said that he was astonished at her outrageous behaviour, as he had promised that she should go home at twelve o’clock: but she replied that they had no right to detain her, and that she would go home directly, as her sister, and particularly her father, would be inexpressibly anxious on occasion of her absence.

To this no answer was made; but Lord Baltimore conducted her down stairs, and ordered breakfast. She refused, however, to eat, and having wept incessantly till twelve o’clock, at that hour she once more demanded her liberty. His lordship then said that he loved her to excess; that he could not part with her; but that he did not intend any injury to her, and would write to her father: and on this he wrote a letter, of which the following is a copy, and in it sent a bank-note of two hundred pounds:—

“Your daughter Sally sends you the enclosed, and desires you will not be uneasy on her account, because everything will turn out well with a little patience and prudence. She is at a friend’s house safe and well, in all honesty and honour; nothing else is meant, you may depend on it; and, sir, as your presence and consent are necessary, we beg of you to come in a private manner to Mr. Richard Smith’s in Broad-street Buildings.”

Having addressed this to her father, he showed it to her, and desired that she would write a few words at the bottom, signifying her compliance with its terms; and terrified by her condition, she wrote, “Dear Father—This is true, and should be glad you would come this afternoon. Your dutiful daughter.”—From the statement of the young lady, it appears that after this she conjured his lordship to give her her liberty, pointing out to him, in the most striking manner, the degradation to which she was subjected; but all her arguments were in vain, and she was again compelled to pass the night, as before, in the room with Mrs. Griffenburg and Mrs. Harvey. In the morning, by permission of his lordship, she wrote a letter to her father, desiring him to come to her immediate assistance, but saying that she had been treated with “as much honour as she could expect;” but she still declined holding any conversation with his lordship, and used all her efforts to make her situation known to the passers-by. In this, however, she was checked by his lordship and the women, who threatened to throw her out of window in the event of her making any disturbance. Towards the middle of the day she was told that her father had called at Mr. Smith’s, but had refused to wait until she was sent for; but at midnight Mr. Broughton, his lordship’s steward, brought intelligence that Isaacs, the Jew, having offered a letter to Miss Woodcock’s father, was stopped till he should give an account where the young lady was secreted. Lord Baltimore was, or affected to be, in a violent passion, and vowed vengeance against the father; but in the interim the Jew entered, and delivered a letter which he pretended to have received from Miss Woodcock’s sister, and she took it to read: but she had wept so much that her eyes were sore; and of all she read, she could only recollect this passage:—“Only please to appoint a place where and when we may meet with you.”

The hour of retirement being now arrived, Miss Woodcock refused to go up stairs, unless she might be assured of not receiving any insult from his lordship. She had not taken any sustenance since she entered the house; and on this night she lay down in her clothes on a bed in which Mrs. Harvey reposed herself. She then asked this woman if she had ever been in love, and acknowledged that she herself was addressed by a young fellow, who appeared very fond of her, and that they were to settle in business as soon as the marriage should take place; and she desired Mrs. Harvey to show her the way out of the house that had been so obnoxious to her: but the answer of the latter was, that though she had lived in the house several years, she did not herself know the way out of it.

On the following morning, when Miss Woodcock went down stairs, she pleaded earnestly with Lord Baltimore for her liberty; on which he became most violently enraged, called her by the vilest names, and said that if she spoke to him on the subject any more, he would either throw her out of the window, or send her home in a wheelbarrow with her petticoats tied over her head; and turning to Isaacs the Jew, he said, “Take the slut to a mean house like herself;” which greatly terrified her, as she presumed he meant a house of ill fame.

The sufferings she had undergone having by this time made her extremely ill, Lord Baltimore mixed a draught for her, which he insisted on her drinking; and in the afternoon he compelled her to sit by his side to hear him converse upon subjects of religion, in the course of which, however, he ridiculed everything sacred, and denied the existence of a soul.

After supper he made six several attempts to ravish her within two hours; but she repulsed him in such a determined manner, that he failed in accomplishing his dishonourable purpose. On that night she lay with Mrs. Harvey, but could get no rest, as she was in fear of renewed insults from his lordship.

On the Monday morning she was told that she should see her father; and having been supplied with a change of linen by Mrs. Griffenburg, she was about mid-day hurried into a coach with Lord Baltimore, Dr. Griffenburg, and the two women, and with them conveyed to Epsom, where, as we have already said, his lordship had a country-seat. Here she was told that resistance was useless, and that whatever objection she might make to submit to his lordship’s desires, force would be used if her consent was not given. At supper she partook of some refreshment; and immediately afterwards she was conducted to a bedchamber, accompanied by the two women, who began to undress her. From weakness she was unable to make much resistance; and from the same cause she was prevented from opposing Lord Baltimore, who, it turned out, was in a bed which was in the apartment, and who, in spite of her cries and entreaties, twice effected his horrid purpose. In the morning Mrs. Harvey came to her, and she told her what had passed; but the only answer which was given, was a desire that she would make no more fuss, for that she had made noise enough already. It would appear that after this the proceedings of his lordship were, to a certain extent, acquiesced in by Miss Woodcock; but it was not until several days had elapsed that she ascertained the name of the person who had dishonoured her. On the afternoon on which she made this discovery, the whole party returned to London, and Miss Woodcock was there introduced to Madame Saunier, the governess of his lordship’s illegitimate children. On the next day his lordship gave her some money; and when night advanced, directed that she should repair to his bed. Having been permitted on the night before to sleep by herself, she requested that the same favour might be again granted to her; but his lordship’s commands being positive that she should share his couch, she consented on certain terms, which were fulfilled, while, according to her statement, a crime of a still more atrocious nature was committed.

It may now be inquired whether no steps were taken by Miss Woodcock’s friends in order to procure her discovery, and her return to the roof of her parents; and it appears that some circumstances having been learned which induced them to guess the real place of her concealment, Davis, her lover, proceeded to Southampton-row, Bloomsbury, where his lordship’s house was situated, and while watching there saw her at the window. He immediately communicated the discovery which he had made to her father, and the advice of Mr. Watts, an attorney, having been taken, a writ of habeas corpus was obtained. These proceedings, however, were heard of by his lordship, and he conversed with Miss Woodcock on the subject, and, as she alleged, extorted from her a promise to declare that she had remained at his house voluntarily and of her own free-will, promising to recompense her by settling upon her an annuity for life. She in consequence wrote a letter to her father to that effect, which was delivered by one of his lordship’s servants; and on Mr. Watts’ proceeding to the house to serve the writ of habeas corpus, she made a declaration to him having the same tendency. Lord Baltimore then said that it was necessary that she should go before Lord Mansfield and make a similar statement, and she was accordingly conveyed to his lordship’s house in Bloomsbury-square. They were there shown into different apartments; and Miss Woodcock’s friends having heard of the proceeding, were also in attendance in an ante-chamber, where they awaited the result of the conference.

The young lady, on being examined by Lord Mansfield, expressed her willingness to remain with Lord Baltimore, but desired to see her friends first. She was then conducted to the room where her father was awaiting the conclusion of her examination; and there the first question which she asked was, “Who is Lord Mansfield?” Having been satisfied upon this head, and also that he had the power to set her at liberty, she desired to see him again, and then said that she wished to go home with her father, and that she would no longer remain with Lord Baltimore.

On Miss Woodcock’s discharge, Mr. Cay, a baker in Whitecross-street (to whom her father had delivered the two hundred pound bank note which had been enclosed in the letter by Lord Baltimore), conveyed the young lady to Sir John Fielding, before whom she swore to the actual commission of the rape by his lordship.

The two women, the coadjutors of his lordship, had been already taken into custody, on the charge of decoying away the girl; and a warrant was now issued for the apprehension of Lord Baltimore. His lordship, however, secreted himself for the present, but surrendered himself to the Court of King’s Bench on the last day of Hilary Term, 1768; when the two women being brought thither by habeas corpus, they were all admitted to bail, in order for trial at Kingston, in Surrey, because the crime was alleged to have been committed at his lordship’s seat at Epsom.

In the interim Miss Woodcock went to the house of Mr. Cay, in Whitecross-street; but not being properly accommodated there, she proceeded to the house of a friend, where she lived in great privacy and retirement till the time arrived for the trial of the offending parties.

Bills of indictment being found against Lord Baltimore and the two women, they were all brought to trial before Lord Chief Baron Smythe; and, after the evidence against them had been given, in substance as may be collected from the preceding narrative, Lord Baltimore made the following defence, which was read in Court by Mr. Hamersley, solicitor to his lordship:—

“My Lords and Gentlemen—I have put myself upon my country, in hopes that prejudice and clamour will avail nothing in this place, where it is the privilege of the meanest of the king’s subjects to be presumed innocent until his guilt has been made appear by legal evidence. I wish I could say that I had been treated abroad with the same candour. I have been loaded with obloquy; the most malignant libels have been circulated, and every other method which malice could devise has been taken to create general prejudice against me. I thank God that, under such circumstances, I have had firmness and resolution enough to meet my accusers face to face, and provoke an inquiry into my conduct. Hic murus aheneus esto—nil conscire sibi. The charge against me, and against these poor people who are involved with me, because they might otherwise have been just witnesses of my innocence, is in its nature very easy to be made, and hard to be disproved. The accuser has the advantage of supporting it by a direct and positive oath; the defence can only be collected from circumstances.

“My defence is composed, then, of a variety of circumstances, all tending to show the falsity of this charge, the absurdity of it, the improbability that it could be true. It will be laid before the jury, under the direction of my counsel; and I have the confidence of an innocent man, that it will be manifest to your lordship, the jury, and the whole world, that the story told by this woman is a perversion of truth in every particular. What could induce her to make such a charge, I can only suspect:—Very soon after she came to my house upon a representation to me that her father was distressed, I sent him a considerable sum of money: whether the ease with which that money was obtained from me might suggest the idea, as a means of obtaining a larger sum of money, or whether it was thought necessary to destroy me, in order to establish the character of the girl to the world, I know not; but I do aver, upon the word of a man of honour, that there is no truth in anything which has been said or sworn of my having offered violence to this girl. I ever held such brutality in abhorrence. I am totally against all force; and for me to have forced this woman, considering my weak state of health, and my strength, is not only a moral, but a physical impossibility. She is, as to bodily strength, stronger than I am. Strange opinions, upon subjects foreign to this charge, have been falsely imputed to me, to inflame this accusation. Libertine as I am represented, I hold no such opinions. Much has been said against me, that I seduced this girl from her parents: seduction is not the point of this charge; but I do assure your lordship and the jury, this part of the case has been aggravated exceedingly beyond the truth. If I have been in any degree to blame, I am sure I have sufficiently atoned for every indiscretion, which a weak attachment to this unworthy woman may have led me into, by having suffered the disgrace of being exposed as a criminal at the bar in the county which my father had the honour to represent in parliament, and where I had some pretensions to have attained the same honour, had that sort of an active life been my object.

“I will take up no more of your lordship’s time than to add that, if I had been conscious of the guilt now imputed to me, I could have kept myself and my fortune out of the reach of the laws of this country. I am a citizen of the world; I could have lived anywhere: but I love my own country, and submit to its laws, resolving that my innocence should be justified by the laws. I now, by my own voluntary act, by surrendering myself to the Court of King’s Bench, stake, upon the verdict of twelve men, my life, my fortune, and, what is dearer to me, my honour.

“March 25, 1768.”

“Baltimore.”

The substance of the defence of Mrs. Griffenburg and Mrs. Harvey consisted principally in alleging that Miss Woodcock had consented to all that had passed, and that no force had been used towards her either by Lord Baltimore or themselves.

The whole of the case having now been heard, Lord Chief Baron Smythe, in a clear and lucid manner, proceeded to sum up the case to the jury. Having pointed out to them the law of the case, as it affected the charge against the prisoners, and their defence, his lordship proceeded to recapitulate the evidence which had been produced, in doing which he was occupied during a period of three hours. He concluded by saying—“In point of law, the fact is fully proved on my lord and the two other prisoners, if you believe the evidence of Sarah Woodcock. It is a crime which in its nature can only be proved by the woman on whom it is committed; for she only can tell whether she consented or no: it is, as my lord observes, very easy to be made, and hard to be disproved; and the defence can only be collected from circumstances; from these you must judge whether her evidence is or is not to be believed. Lord Hale, in his ‘History of the Pleas of the Crown,’ lays down the rules:—1. If complaint is not made soon after the injury is supposed to be received; 2. If it is not followed by a recent prosecution; a strong presumption arises that the complaint is malicious. She has owned the injury was received December 22; the complaint was not made till December 29; but she has accounted for it in the manner you have heard. The strong part of the case on behalf of the prisoners is her not complaining when she was at Lord Mansfield’s, the supreme magistrate of the kingdom in criminal matters. You have heard how she has explained and accounted for her conduct in that particular, which you will judge of. Upon the whole, if you believe that she made the discovery as soon as she knew she had an opportunity of doing it, and that her account is true, you will find all the prisoners Guilty; if you believe that she did not make the discovery as soon as she had an opportunity, and from thence, or other circumstances, are not satisfied her account is true, you will find them all Not guilty: for if he is not guilty, they cannot be so; for they cannot be accessory to a crime which was never committed.”

After an absence of an hour and twenty minutes, the jury returned with a verdict that the prisoners were not guilty.

This singular affair was tried at Kingston, in Surrey, on the 26th of March, 1768.

It would be useless to offer any observations upon this extraordinary case. From the verdict returned by the jury, there ought to exist no doubt of the innocence of the persons charged of the offence imputed to them; but although Lord Baltimore and his companions were acquitted of the charge of rape, there can be little doubt that the ruin of the unfortunate girl Woodcock—even if what was admitted by his lordship were only true—was the effect of a vile conspiracy among the prisoners to sacrifice her to the libertine passions of his lordship.

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