John Fea VII of Clestrain / Traill v Rev Thomas Lyell

Traill v Rev Thomas Lyell - 20th October 1766

The following evidence was given by Christian Manson at Kirkwall in the action brought by Rev Thomas Traill of Dunnet against Rev Thomas Lyell, minister of Lady Parish in Sanday:

2Kirkwall, 20th October 1766

Christiana Manson, formerly compearing, being again brought in, and solemnly sworn, etc. depones, That she was at the baptism of a child of John Fotheringhams in Westburgh, when Mr Lyell was also there. Depones, That said child was born upon Lammas-day, and that the child was baptised sometime in the month of August, and this is in the 12th year since that time. Depones, That after the company at that house were gone, she accompanied Mr Lyell to the door as a stranger; and he asked that she would show him the road home to his own house thro' interjacent corns, and that she accordingly went out a little with him to show him the road. Depones, That Mr Lyell, as they were walking, put his hands about her waist, and kissed her. Depones, That she didn't struggle when he did so at first. Depones, That after that, Mr Lyell struggled with the despondent, and she desired him to leave her alone, for it would do ill both to him and to her, and that he threw her down upon the ground. Depones, That she does not remember any word Mr Lyell said to her at that time, as she was in great perplexity and uneasiness. Depones; That she called aloud on one John Dennison, who she thought might be within hearing; but that no person came up to Mr Lyell and her; and that she at last got from under Mr Lyell, who was struggling with her in the corn, and Mr Lyell put his hand into her breast. And being interrogate, If she saw Mr Lyell offer any indecency to Mary Reid or Isobel Sutor that night? depones, That she did not, as she was serving the company; but depones, That Isobel Suter was the first person she met after returning from Mr Lyell, who saw the disorder she was in, with her head clothes in her hand, and from off her head."

Pursuers Proof: Head III at p28-29