Sexual Harrassment at Work - Claim Upheld

The Rev. Hugh KELLY, free church minister at Saint Mary Church was summoned to answer the complaint of Harriet WINDEAT [1], for having indecently assaulted her on the 20th May. This case excited very great interest, and the Hall was crowded during the investigation, which occupied nearly six hours .

A great many members of the free church were present.

Mr. CARTER, in stating the circumstances under which the charge had been made, said, - He appeared there on behalf of a girl named Harriet WINDEAT, who was about 16 years of age, and who in the month of August last went to live in the service of the Rev. Hugh KELLY, the defendant, the minister of the free church at St. Mary Church.  On the 20thj of May about 8 o'clock in the afternoon, the complainant was about her work, - Mrs. KELLY, the defendant's wife, being absent from home, - the two parties being the only persons then in the house.  Whilst complainant was cleaning the fireside in one of th rooms, defendant, who was in the same apartment went up to her, and as he had had her suspicions aroused before as to his conduct, she shrank from him, upon which he said, "I am not going to touch you."  Almost immediately afterwards, however, he caught her round the waist and dragged her to a seat, where he placed her on his knees and behaved with great indecency.  Complainant struggled very much, and in her endeavours to release herself from defendant's grasp, she fell on the floor, and whilst in this almost helpless position, he attempted to keep her down, again taking indecent liberties with her; she however soon recovered her strength, and made her escape from the room.  Subsequently the complainant had occasion to go into the larder, when the defendant followed her - offered her a shilling to pay for a tea treat - and when she refused to accept it, he said it would make up for the trouble he had given her.  About eight o'clock Mrs. KELLY returned home, having been on a visit to Torquay but complainant deferred telling her of what had taken place until the following morning, when she related all that had transpired on the previous evening, and likewise the indecent conduct which she had experienced from defendant on former occasions.  It would appear that this gave rise to inquiry, and on Mrs. KELLY conferring with the complainant's mother-in-law - it was agreed that the girl should remain in defendant's service, if the girl felt so disposed, - but it may be remarked here that the girl's parents considered defendant a truly godly man - attending the free church at which he preached, and their eyes being closed to any peccadilloes of which he might and appears to be guilty.  It was strange (observed Mr. CARTER), that although reports of a most unfavourable character had been spread about the defendant - when charges had been laid against him of an immoral description, that he should allow the complainant to remain a single instant upon his premises; but such had been the case.  She remained in his situation fro some days after the occurrence, when the defendant's behaviour became the common talk amongst the people at St. Mary Church and this coming to the ars of Mrs. KELLY, she told the complainant it would be better for her to leave, which she accordingly did.  The girl made statement to the father, a short time before, but he did not believe them, thinking the defendant unable to perpetrate such indecencies as had been represented to him.  Subsequently, however, the fact were made clear to his mind, yet notwithstanding this, he refrained from taking any steps in the matter, as he had been told that the members of the free church intended to have an inquiry into the painful rumours which were prevalent, and therefore he believed that the accuser and the accused would be brought face to face, and the truth of his daughter's statements proved, or otherwise.  It was found that no such inquiry was intended, but instead of that, complainant's father actually received an attorney's letter threatening him with an action, if what had been stated against the defendant's character was not retracted and fully atoned for.  Upon this, and by the advice of some friends, a summons was obtained against defendant, in order that the charge against him might be fully and fairly investigated.

HARRIET WINDEATT, the complainant was then called.  She was 16 years of age on the 1st of May last.  Her father and step-mother lived at St. Mary Church.  The last day in August, 1851, she went to live with defendant, as maid of all work, as was to receive 1s. 6d. per week.  She continued to live comfortably down to about Christmas; a little before that time, she was washing in the kitchen, - it would be between six and seven o'clock in the morning.  Defendant went into the garden, and soon afterwards proceeded to the back door, - knocked, and she let him into the kitchen.  He asked her how she got on with their washing, and then kissed her.  He asked if she liked it, and she replied no; and he then went up stairs.  On one occasion he put his hand into her bosom and at another time when Mrs. KELLY was out, he got hold of her in the sitting-room - placed her against the wall and stood in front of her.  He asked her if she was ashamed, but no answer was returned.  About a week after she was scrubbing the passage floor, when defendant attempted to get on her back; and a few days subsequently, whilst she as cleaning the fire-place in the sitting-room, he dragged her on to his knees, and began to take indecent liberties with her.  She struggled to get away, and in doing so her comb was broken; some pieces fell on the floor, which defendant picked up and gave to her.  On the 20th of May, Mrs. KELLY left home, and went to Torquay.  As was her custom in the afternoon, she went up stairs to clean the sitting-room fire-place.  Defendant was in the room, and whilst she was about her work, he went up to her, and seeing that he was about to repeat his former conduct, she was going to leave the room, when he said, "Work away; I am not going to touch you".  She accordingly resumed her work when he caught her by the waist, and placed her on his knees, accompanying that act by other improper conduct.  She got from his grasp, but fell on the floor, and he tried to keep her down.  After leaving the room, she went into the larder, and the defendant came to her there, and offered her a shilling, stating it would pay for the trouble he had given her, but she refused to take it.  He again offered her the money, observing, "Here Harriet - take it; it will be a recompense for what I have done;" but she still refused, upon which he placed the shilling on a shelf and went away.  She afterwards prepared for tea, and took the things up into the sitting-room when defendant said he did not offer her the shilling with any bad motive; she had not had any money given for the ticket (alluding to a proposed tea-party, the tickets for with were 1s. each).  Mrs. KELLY returned about eight o'clock, but complainant said nothing to her of what had happened that evening, thinking it best to inform her when defendant was not present.  Next morning she saw Mrs. Kelly in the sitting-room; and told her of what had occurred, not only on the day previous, but at other times previous.  Mrs. KELLY expressed much surprise, and said she thought her husband was a different man.  On the Monday after the 20th May, complainant's mother -in-law [2] had an interview with Mrs. KELLY, the result of which was that the girl agreed to remain in her situation.  A few days after, Mrs. KELLY hearing that what had taken place was the common talk of the village dismissed complainant from her service.

Mr. H. C. M. PHILLIPS here put some questions to the complainant, in order to ascertain if she had made her parents or friends acquainted with the assaults as they had taken place.  She replied she had told her mother-in-law of one assault, and she recommended her to keep out of defendant's way as much as possible, although "she believed he meant no harm"; her aunt and sister had also been told of another assault.

By Mr. HACK. - When defendant took hold of her by the waist, he dragged her on to his knees.

Cross examined by Mr. FRANCIS. - As she expected defendant would take liberties with her, she placed the tea things on the table and passed quickly through.  She felt much alarmed after she had been assaulted.  She lived about a quartr of a mile from her father's; but did not go to tell him of what had taken place.  Other people had taken liberties with her.  Almsot ever time Mrs. KELLY was from home, defendant assaulted her.  She made no answer when he asked her if she was ashamed.

When she told her mother-in-law about his conduct she was told to stop in her place quietly, or it would be the means of ruining his character.

Grace WINDEATT and Thomas WINDEATT were next examined.  Their evidence went to prove that the girl had on several occasions complained of defendant's indecent conduct.  The father, up to this time, has been on of the defendant's flock, and considered him a very pious character; and, to use his own words, "the very person he had expected would take him to heaven."

Mr. FRANCIS, on behalf of his client, made a long speech in which he commented upon the great improbabilities which existed in the case, - the character of the girl he stigmatised as base in the extreme, - and argued that the charge had been brought there for the purpose of blasting the good reputation which he held.

The Bench retired into a private room to consult on the case, and after being absent a short time, returned into the court, when the Chairman remarked upon the seriousness of the charge which had been brought against the defendant, and spoke strongly upon the committal of the offence by a person who held a high position as a minister of the gospel.  The Bench had given the evidence their best attention, and had come to the conclusion that an indecent assault had been committed upon the complainant, and the defendant must therefore be convicted of it.  A penalty of £2 10s., with 11s. costs, was inflicted, which was immediately paid.

- Trewman's Exeter Flying Post or Plymouth and Cornish Advertiser (Exeter, England), Thursday, June 10, 1852; Issue 4511.