AN INCREDIBLE STORY.

Southland Times, Volume 2, Issue 95, 30 September 1863, Page 5 (Supplement)

AN INCREDIBLE STORY.

{From the Glasgow Sentinel.) On Saturday, before Mr Justice Mcl lor, Edwin Spcncter, tae son of a shipbuilder afc Hull, was charged with a rape on Esther Carver, a domestic servant of his father's, on the 15th of May last. It appeared that the prosecutrix, a somewhat delicate-looking maid-servant, was maid of all work lo the. prisoner's father, who is a shipbuilder residing in Lane-street, Hull. The family consisted of Mr and Mrs Spencer, two married daughters, and the prisoner. On the day in question the prosecutrix had been directed by one of the married daughters to clean the windows of an upper kitchen about 8 o'clock in the evening. She was engag-ed in this duty kneeling on a table near tlie window, and the prisoner was making some pipe-lighters at the end of the 'talife with Ms coat and waistcoat off, no one else being in the house at the time. The prosecutrix said, looking inio the-garden at the back of the house, "See, Edwin, there are radishes and onions growing on one bed." The prisoner went Jo the window to look, and then pinched flic prosecutrix's toe, and proceeded to take further liberties with her, which she resisted; and, finally, having thrown her on the floor, committed the offence charged against him She called out and resisted as much as she could out was overpowered. Immediately after, she left the room, changed her dress, and went to a neighbor, whom she told th.it her master's -son had been taking libeities wilh her and what had happened lo her, and with that neighbor went to her mother's house and told her mother. She and her mother then returned to Mr Spencer's house. aud;saw the prisoner, who entreated her to say nothing about it and lo make it up. "He would not for LI OOO that his sisters should get to know it.'' The prosccutrix left the house that night. Next day her mother saw Mrs Spencer, and said if she had been a reasonable woman, and would have given her daughter n. character she did not wish to expose her daughter to a public enquiry, or Mrs Spencers son lo ! this accusation* Mis Spencer, however, | said that the prosecutrix must have given her son liberties, or he Would not have taken them. This the prosecutrix and Her mother indignantly denied, and said they should prove it, and immediately took out a warrant against the son, who, on bein^ served with it, said " Humph." The prosecutrix whs examined by a surgeon, who proved that the injury complained of had been committed. For the prosecution, the circumstances of the complaint of the prosecntrix immediately after the alleged oflence, and the conduct of the prisoner were relied on as confirming the statement of the prosecutrix, who, if she had been a consenting party, would not he likely to act afterwards as she had done. For the defence it was contended that her observation about radishes and onions growing in one bed, and her invitation to the prisoner to come to:the window and look, when no one else was in the house, were invitations for what followed. It was also contended .'hat no outcry being heard, and the girl's conduct afterwards, in making herself tidy, and changingjier dress, showed that she had riot made or intended any serious resistance. ' His lordship, in summing up, left it to the jury to say whether from the facts they could con?-' elude that the proseoufrix had consented: or submitted without earnest. resistance to the assault committed ;if so, it was not against her will, and the prisoner must be acquited. t If, on the other, h^nd, taking into consideration hcivheaitlirtliat she was not a vepy/yigprpHS-and.!strohg-'/g|rl^iKey'iv' thought she had made all the resistance^t; which she was capable, and had done "all she could afterwards I to /mark her- wa\ifc-of consent, they.musfc find the _ prisoner ftoilty. The jury, a?l.ei ; "'an absence of fouc:*Kours,returned in to court with a ralbiev singular verdict- They found ?tua > prispner => Not Guiifcy ; but at the saniQ/^i m e*expr^se<3: their imauimous .opinion., ihat wthe > conduct" | of the proseeutrix yr?&. not ppe^p^^anyr i charge of wantonness and imp-mpTrietyr! | and expressed 'a ■hope.---tliaohe; : "prk£p^e^'l i family would rsake her sp^ecoHap^iisil^pnfor the injury whichvl^dheeaap^^lier,'