Citation

Rudolph J. Engl. Histor. Rev. 2008; 123(503): 924-946.

Copyright

(Copyright © 2008)

DOI

10.1093/ehr/cen180

PMID

unavailable

Abstract

The trial of Spencer Cowper for the murder of Sarah Stout took place at the Hertford assizes, July 1699. The trial, and its attending public discussion and debate, revolved around questions about Cowper and Stout's relationship; questions about forensic evidence said to indicate the differences between suicide and murder, and modes of drowning; and questions about scientific and legal testimony concerning the physical and mental capacity of the victim. Forensic science, most notably in the practices of exhumation and autopsy, was an important part of both prosecution and defence. This article analyzes the case - from coroner's examination, through jury verdict, to attempted rehearing - within the contexts of developments in forensic practice, and the rise of the adversarial trial in England. It offers particular insight into the ways in which early modern ideas about women and gender influenced the evolution of English forensic science. Contemporaries' attitudes towards female bodies, standards of female and male honour, concepts of female and male rationality and emotion, and ideas about the proper arenas of female and male expertise all contributed to the development of medico-legal practice. Finally, in paying equal attention to both the Stout prosecution and the Cowper defence, this article reconsiders the narrative of lovesickness and suicide that remains the accepted justification for Cowper's acquittal. While most contemporary historians accept Cowper's claim that he was the victim of a malicious prosecution, this article revisits the verdict and also highlights the questionable actions taken by William Cowper (later Lord Chancellor Cowper) in mounting his brother's defense. © The Author [2008]. Published by Oxford University Press. All rights reserved.

Language: en