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 Instructor’s Manual for Forensic Psychology 67

CHAPTER 6
Child Victims and Witnesses

LEARNING OBJECTIVES
 Differentiate between techniques that decrease versus increase the likelihood of
accurate recall in child witnesses.
 Summarize children’s ability to recall/describe people’s appearances.
 Describe a lineup technique designed for children’s identification.
 Outline the courtroom accommodations available for child witnesses.
 Explain child maltreatment categories and related consequences.

OUTLINE

History of Child Witnesses

 In the early 1900s the prevailing negative attitudes towards child witnesses were
tested. Results indicated children were highly suggestible and capable of providing
inaccurate testimony; however the methods used in this research are not well known
(Whipple, 1909, 1912).
 Research in the area increased during the 1970s when expert testimony was gaining
acceptance, social scientists were interested in conducting research that applied to real
world problems, and adult eyewitness research was getting noticed. Finally, due to an
increase in the number of abuse cases with child victim/witnesses the legal
community was taking an interest in relevant behavioural science research (Ceci &
Bruck, 1993).
 Numerous cases of reported physical and sexual abuse in Canada and the United
States prompted researchers to better understand child victims and witnesses (see Box
6.1 for a description of the Martensville Case).
 When deciding whether child abuse cases will be prosecuted, police tend to rely on
the presence of corroborating evidence and whether the suspect denies the allegations
(Powell, Murfett, & Thomson, 2010). However, questioning technique is not heavily
considered.

Accuracy of Child Witness Reports

 More recent research indicates that children can recall events they witnessed, but it is
challenging to determine when they are recalling accurately and when they are
fabricating. However, the accuracy of their accounts depends largely on how they are
asked to recall (Ceci & Bruck, 1993).
 The impact of leading questions is influenced by age. Younger children are more
likely to be suggestible from leading questions compared to older children (Roebers,
Bjorklund, Schneider, & Cassel, 2002), although older children and adults are not
immune to suggestibility.

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 Instructor’s Manual for Forensic Psychology 68

 Free recall tends to produce more accurate information, however, not much
information is elicited in this manner. Direct questioning can increase fabricated
information or false claims, as can feedback from the interviewer. In addition,
children are more likely to have difficulty with yes/no questions compared to wh-
questions (Waterman, Blades, & Spencer, 2004).
 Recent research examining sexual abuse cases found that How-questions (i.e., how
did you feel?) elicited the most evaluative information (descriptions of cognitive,
emotional and physical reactions) (Lyon et al., 2012).
 Social compliance theory states that children’s increased suggestibility is due to their
trust and desire to cooperate with adult interviewers even if they do not understand
the question being asked.
 Another theory explaining children’s suggestibility is changes to the cognitive
system. There are developmental differences in the ways children and adults encode,
store, and retrieve information. Children can also “misattribute” where information
comes from.

Anatomically Detailed Dolls

 Use of props, such as anatomically detailed dolls, have been used by some mental
health professionals when children have difficulty providing a verbal account of
abuse. Anatomically detailed dolls are consistent with female or male anatomy. The
assumption is that a child’s play with the dolls reflects their experience.
 Research suggests that use of the dolls may be associated with more “fantastic”
details in both younger and older children (Thierry, Lamb, Orbach, & Pipe, 2005).
However, other studies have reported few differences in errors between verbal and
prop-assisted interviews (Goodman et al., 1997; Melinder et al., 2010).
 Several difficulties with the use of these dolls concern lack of standardization in the
appearance of the dolls, no consistent scoring of behaviours exhibited by children,
and no research on how different groups (i.e., abused/nonabused) play with the dolls.

Techniques for Interviewing Children

 Criterion based content analysis (CBCA) was developed to allow differentiation
between true and false statements made by children (Stellar, 1989). CBCA is part of
Statement Validity Analysis (SVA) that is divided into three components; a structured
interview, a systematic analysis of the child’s statements (i.e., CBCA), and
application of the statement validity checklist.
 CBCA relies on the assumption that there is a difference in the quality and content of
real and false statements. In particular, true events are more likely to contain the
criteria (e.g., unstructured production, contextual embedding, unusual details,
spontaneous corrections) rather than fabricated events. See Table 6.1 for a listing of
some of the CBCA criteria.
 Research appears to support the ability of SVA to correctly distinguish between
accurate and false statements (Parker & Brown, 2000; Stellar, 1989). However, it is
not without its critics. CBCA has been criticized for lacking standardization in the
criteria used to determine if a statement is true or false (Ruby & Brigham, 1997).
Also, research has shown that age of the interviewee is positively correlated with
scores on the CBCA (e.g., Buck, Warren, Betman, & Brigham, 2002). Pezdek et al.

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 Instructor’s Manual for Forensic Psychology 69

(2004) also note that scores are influenced by both how familiar the event is to the
child and the age of the child. Recent studies suggest that certain criteria may be more
useful in distinguishing true and false claims of sexual abuse: quantity of details,
interactions, and subjective experience (Roma et al., 2011).
 The stepwise interview begins by asking children free recall type questions and
moves towards more direct questions, as needed (Yuille et al., 1993). Research
indicates that this protocol helps to elicit information from children and is comparable
to other stepwise variations (Hardy & Van Leeuwan, 2004). See Table 6.2 for a
discussion of the Step-Wise Interview stages.
 With the narrative elaboration procedure, children learn to organize stories into
categories: participants, settings, actions, conversation/affective states, and
consequences (Saywitz & Snyder, 1996). Each category has an illustrated card that
acts as a cue. Children practice telling stories with the cards prior to being questioned
about the critical event. Although not used in many cases of sexual abuse (Faller et
al., 2011), research has found that it helps to increase the amount of accurate
information reported (Brown & Pipe, 2003) but prompts about the categories also
work well to elicit information (Quas et al., 2000).
 The National Institute of Child Health and Human Development also developed an
interview protocol for use with children. Interviewers use free recall questioning but
also have two types of prompts available to establish timelines as well cue prompts to
help children provide details (Sternberg et al., 2002). This protocol helps children
report detail, although use of multipart prompts is not recommended (Katz &
Hershkowitz, 2012).
 The cognitive interview (described in detail in Chapter 5) can be adapted for used
with child witnesses, and has been found effective for helping children recall accurate
information (e.g., Holliday & Albon, 2004).

Recall Memory Following a Long Delay

 There is debate regarding the ability to recover memories of child sexual abuse as an
adult. Some believe that child sexual abuse is so traumatic for some individuals that
they repress the abuse into their unconscious. Only as adults and with the help of
therapists are they able to recall the abuse. Others argue suggestive techniques used in
therapy result in false memory syndrome. That is, when a person comes to falsely
believe they were abused as a child.
 One of the main points of contention in this debate is whether it is possible to forget
traumatic memories, only to remember them years later (see Box 6.2 for a case
involving such claims).
 Any recovered memories should be interpreted with caution. Lindsay and Read
(1995) recommend five points to consider when assessing the validity of a recovered
memory, including: age of complainant at time of abuse, the techniques used to
recover the memories, consistency of reports across interview sessions, motivation to
recall, and time elapsed since the alleged abuse.
 Courts have begun to see a rise in the amount of cases dealing with historic child
sexual abuse (HCSA). This relatively new phenomenon refers to instances of sexual
abuse which allegedly occurred several years before prosecution, with the victim
having a continuous memory of the offence (Connolly & Read, 2006; see Box 6.3).

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 Instructor’s Manual for Forensic Psychology 70

 Research has examined the influence of various factors on the verdicts from judge-
only and jury trials for cases involving HCSA. Specifically, research has found that:
for younger complainants at the time of the prosecution, for abuse involving threats,
and for defendants who had a close relationship with the complainant, the more likely
a guilty verdict will be reached. In contrast, when the delay between the abuse and
reporting is longer, expert testimony is present, and when the complainant does not
report a repression of memory, the more likely an acquittal will be handed down
(Read, Connolly, & Welsch, 2006). Further, higher guilt ratings have been associated
with shorter delays between the incident and reporting, and when the defendant is
more closely related to the alleged victim (Pozzulo, Dempsey, & Crescini, 2010).

Recall for People

 Older children provide a greater number of details when describing a culprit than
younger children (Davies, Tarrant, & Flin, 1989). Height, weight, and age are often
mentioned descriptors and if not mentioned may be requested by police. Both
children and youth have difficulty with accurately stating these descriptors (Davies,
Stephenson-Robb, & Flinn, 1988; Pozzulo & Warren, 2003). In addition, exterior
facial features, such as hair, are more likely to be reported than interior facial features
such as shape of nose.
 Interviewers should be careful not to introduce their own biases and stereotypes when
questioning children, as this can influence their recall and susceptibility to
suggestions (Leichtman & Ceci, 1995; Memon, Holliday, & Hill, 2006).
 When asked to identify a culprit from a lineup children are comparable to adults in
their ability to identify the culprit from a lineup that contains the target (i.e., target-
present lineup). However, when a lineup does not contain the culprit (i.e., target-
absent lineup), children are more likely to identify an innocent person. Contrary to
research with adults, accuracy using the sequential lineup increases children’s false
positive rate compared to a simultaneous lineup (Pozzulo & Lindsay, 1998).
 Pozzulo and Lindsay (1999) created a lineup procedure (i.e., elimination lineup) for
children that decreases their false positive rate compared to simultaneous
presentation. With the elimination procedure, initially, all pictures in the lineup are
presented to the children and they are asked to select the one that looks most like the
culprit (relative judgment). Next, the child is asked to compare his/her memory to the
most similar lineup member they selected to determine if it is in fact the culprit
(absolute judgment). The elimination procedure increases the correct rejection rate for
children compared to the simultaneous procedure.
 In target-absent lineups, research suggests that social factors (i.e., feeling pressured to
make an indentification) may play a bigger role in erroneous identifications than
cognitive factors (i.e., memory deficits) (Pozzulo, Dempsey, Bruer, & Sheahan,
2010).

Testifying & Courtroom Accommodations

 Prior to Bill C-2 (2006) children under the age of 14 years were required to undergo a
competency inquiry before testifying in court in Canada as set out in section 16 of the
Evidence Act. This inquiry assessed the ability of the child to understand the

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 Instructor’s Manual for Forensic Psychology 71

differences between truth and a lie, and made the child feel compelled to tell the truth.
In addition, the ability to communicate was assessed.
 Bill C-2 recognized that children’s actual truth-telling behavior was not related to
how well they understood the meaning of truth. Under section 16.1 of the Evidence
Act, children are still required to show competency for understanding and responding
to questions. Children must promise to tell the truth and testify under that promise.
Children are no longer questioned regarding their ability to distinguish between truth
and lie and abstract notions of promise or oath (Bala, Lee, Lindsay, & Talwar, 2010).
 Due to the stress and trauma children may experience from testifying in court, the
Canadian justice system has allowed for alternatives in any case where a child must
testify. These include having the child testify from another room via closed circuit
television, using a screen to separate the child and defendant, letting the child have a
support person present while testifying, video-recording interviews about the crime,
closing the courtroom to the public, and admission of initial disclosure statements
made by children into court as evidence.
 Bill C-2 also precludes children under the age of 18 from being cross-examined
personally by the accused.

Child Maltreatment
 There are different categories of child maltreatment defined by Health Canada;
physical abuse, sexual abuse, neglect/failure to provide, and emotional maltreatment.
 Physical abuse occurs when force is applied to a child to cause injury such as,
shaking, biting, or poisoning (see Box 6.5 for a discussion of the distinction between
discipline or physical abuse). Sexual abuse occurs when an adult uses a child for
sexual purposes; this can include exploitation, exhibitionism, and fondling. Neglect
occurs when a child is not provided with requisite attention to meet the child’s needs.
Finally, emotional maltreatment includes either acts of commission or omissions that
could cause serious behavioural, cognitive, emotional harm to a child, or mental
disorders.
 In Canada (excluding the Yukon Territory), the law requires that children in “need of
protection” be reported to authorities. While most psychologists are aware of these
mandatory reporting laws (Beck & Ogloff, 1995), they may not comply with this
legislation due to lack of evidence or beliefs that child protection would not be able to
help.
 Incidence of child abuse refers to the number of new cases in a specific population
occurring in a given time period, usually a year. Prevalence refers to the proportion of
the population at a specific point in time that was maltreated during childhood.
 Surveys on the prevalence of child maltreatment indicate that the most prevalent
complaints are for neglect, exposure to domestic violence, and physical abuse, with
emotional maltreatment and sexual abuse representing a smaller proportion of
substantiated cases (Canadian Incidence Study of Reported Child Abuse and Neglect,
2008).
 There are various risk factors that have been identified for physical and sexual abuse
that increase the likelihood of emotional and/or behavioural problems. Some risk
factors for physical abuse include: young maternal age, history of physical abuse,
unplanned pregnancy, low SES. Some risk factors for sexual abuse include: poor

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 Instructor’s Manual for Forensic Psychology 72

parent-child relations, presence of stepfather, living without biological parent, poor

relationship between parents (MacMillan, 2000). Recent studies also have identified
that domestic violence, parental drug and alcohol use, prior child abuse and neglect,
being on public assistance, and child behaviour problems are related to a greater
likelihood of substantiated physical abuse (Dakil et al., 2012).
 Child maltreatment may result in both short and long-term harm to the child. For
physical abuse some short-term consequences include depression, perceptual-motor
deficits, aggression, heavy episodic drinking, and lower intellectual functioning
(Ammerman et al., 1986; Shin, Miller, & Teicher, 2012). In the long-term, children
who experienced physical abuse are more likely to perpetrate family violence, in
addition to being victimized by violence (Malinosky-Rummell & Hansen, 1993).
 Short-term consequences of sexual abuse include sleep disturbances, inappropriate
sexuality, eating disorders, and lowered self-esteem (Kendall-Tackett, Williams, &
Finkelhor, 1993). The long-term effects of sexual abuse include psychiatric disorders,
dysfunctional behaviours, and neurobiological dysregulation (Putnam, 2003). They
also may have a greater risk of being sexually abused as adults (Messman-Moore &
Long, 2003). See Table 6.4.
 The prevalence of child sexual abuse is approximately 10.14%, and other types of
maltreatment are more likely to have occurred in individuals that experienced CSA
(Perez-Fuentes et al., 2012). Adults with this history also may experience more
psychological disorders and suicide attempts (Dube et al., 2005).
 Despite possible negative after-effects of maltreatment, not all children who have
experienced maltreatment will have negative or lasting effects. Various protective
factors can help to insulate children from these negative consequences.
 Due to the high number of sexual predators on the internet (see Box 6.7), Canada has
made it illegal to communicate with a child for the purpose of committing a sexual
act.

SUGGESTED LECTURE ACTIVITIES

History
 Pick a notorious case of alleged child abuse, such as the Martensville Babysitting case
(R. v. Sterling, 1995), the McMartin preschool case, or the Wee Care Nursery School
case (with Kelly Michaels). Provide students with a detailed overview of the case.
Use this as a means to launch into a discussion of concepts such as false memory,
interviewing children, child suggestibility, etc. Alternately, divide the class into
groups to have them discuss how these concepts are evident and demonstrated in
these real-life cases.

Recall for Events

 Discuss the different forms of questioning children, using specific, open-ended,
forced choice, yes/no, or wh-questions. Have students seek out examples of these
types of questions on the internet (i.e., video clips) to share an example of each with
the class. Then have students discuss how certain question types may be good or bad

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 Instructor’s Manual for Forensic Psychology 73

when applied to child victims and witnesses. What problems do they see with certain
forms of questioning? What are their suggestions for improving child questioning?

Techniques for Interviewing Children

 Divide the class into two groups. Have half defend the use of anatomical dolls in the
questioning of children who allege sexual abuse, and have half defend against the use
of these dolls. Tell each group to develop strong arguments before or against their use
and difficulties with procedures.
 Present students with the following scenario: During recess a teacher heard a
commotion on the playground and went to investigate. When the teacher arrived one
of the children was crying. The teacher takes the child inside to find out what
happened. What types of questions should the teacher ask?
- Break students into groups and assign each group with the step wise interview, or
narrative elaboration. Have them use their assigned technique to develop an
interview to use for the child in the above scenario.

Recall Memory Following a Long Delay

 Present the class with a real or fictitious case of historical child sexual abuse, and
have them assess whether they believe the memory to be true or false based on the
five criteria specified by Lindsay and Read (1995).
 Choose several articles on recall of historical child abuse (could be general or specific
to those written by Dr. Deborah Connelly) and have groups in the class present these
articles to the class as a whole.

Describing the Culprit

 Display a facial portrait to students for a few seconds. Ask students to state features
they remember about the person’s face. Tally the number of interior facial features
and exterior facial features. Ask students how these results compare to research with
children.
 Conduct your own “mini-experiment” with the class where you expose them to an
individual (i.e., someone who comes into class to repair a technical problem and ends
up yelling at the computer or something along those lines), and then divide them into
stereotype, suggestion, and control conditions. Use an online composite photo
program (such as Portrait Pad) to have each person in the class create a composite.
Compare these to determine if suggested or stereotypical features are presented on the
faces, and how they differ from the control group. Then discuss how different this
would be in children.
 A criminal justice professional argues that an identification made with a simultaneous
lineup by a child witness should be discounted because research demonstrates
children are likely to make false identifications. Divide the class in half, one half
debates that it should be allowed the other half debates that it should not be allowed.

Testifying in court
 Have students generate the pros and cons of each accommodation available for child
victims who need to provide testimony in courts. Consider the rights of the child
victim versus the rights of the defendant.

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 Instructor’s Manual for Forensic Psychology 74

Child Maltreatment
 Have students contrast the risk factors for child physical abuse versus child sexual
abuse. Brainstorm the reasons for the different risk factors.
 Have the students discuss what factors they think would be protective factors in two
different ways: protective to decrease chance of experiencing physical or sexual
abuse, or protective in terms of decreasing the negative after-effects of physical or
sexual abuse.
 Present students with the following scenario: David is ten years old. When he was six
he was removed from his home due to physical abuse and neglect. What are some of
the consequences of this maltreatment that David may be experiencing?

PEER SCHOLAR EXERCISE(S)

The discussion and research questions at the end of the chapter (located below) can be
used as peerScholar assignments (www.pearsoned.ca/peerscholar). Students are expected
to write a 500 word response to the question (using at least one empirical reference
incorporated into their response) and submit it online through peerScholar where an
anonymous and randomly-assigned group of their peers will review and evaluate it. Peers
will be required to read and provide constructive comments (and a grade out of 100
points, see Instructions and Tips) for three randomly assigned papers from questions
different from the one they themselves completed. Peer grades will be averaged and make
up a portion of the individual student’s grade (e.g., 5%). All students also will be given a
grade out of 100 points for their feedback on other papers according to the Instructions
and Tips specified by the instructor (see below) and this could count for another portion
of the overall student grade (e.g., 5%). Students will then receive feedback from their
classmates on their paper and have a chance to revise their paper prior to submitting to
the professor for a paper grade out of 100 points (worth say 5%) that is then combined
with the other grades for a total of 15% or some value as determined by each individual
instructor. This entire process will be anonymous. For more information about
peerScholar, contact your Pearson sales representative.

DISCUSSION QUESTIONS:

1) In your local community newspaper, you read of a 7-year-old boy who has been
physically abused and then abandoned. You wonder what difficulties this boy may
experience in the next couple of years and when he becomes an adult. Describe the
possible short-term and long-term effects of maltreatment.

2) Why is the use of anatomically correct dolls controversial when assessing child sexual
abuse?

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 Instructor’s Manual for Forensic Psychology 75

RESEARCH QUESTIONS:

1) After completing an undergraduate course in forensic psychology, you are interested in

telling your colleagues in the police department the best interview techniques to use with
child witnesses. What are some of the techniques you would use with child witnesses?

2) An 8-year-old girl has witnessed the abduction of her best friend by an adult male.
What procedures should the police use when conducting a lineup with this child witness?
What are some of the lineup techniques you would use with child witnesses?

INSTRUCTIONS AND TIPS (to be provided to students as grading criteria)

All students must leave at least 5 comments per paper they read. Comments must be
constructive (i.e., other things the student could consider, ways concepts could be
clarified) rather than destructive (i.e., this is a stupid argument, the writing sucks).
Remember that ALL students are also being evaluated on the QUALITY of feedback that
they provide to their peers – so make it count!

Consider the following questions when providing a grade for your peers, and assign a
grade of 20 points to each evaluation criteria, to provide a total overall paper grade out of
100 points.
a) Was the paper written clearly?
b) Did the author make clear arguments that are backed up with facts?
c) Did the author use additional resources (minimum one) to support their arguments and
was this done effectively?
d) Did the author answer the discussion/research question appropriately?
e) Overall impression (sentence structure, fluidity, grammar, spelling).

SUGGESTED READINGS

Fallon, B., Trocme, N., Fluke, J., Van Wert, M., MacLaurin, B., Sinha, V., … Turcotte,
D. (2012). Responding to child maltreatment in Canada: Context for international
comparisons. Advances in Mental Health, 11, 76-86.

Goodman, G. S., & Melinder, A. (2007). Child witness research and forensic interviews
of young children: A review. Legal and Criminological Psychology, 12, 1-19.

King, C. B., & Scott, K. L. (2013, in press). Why are suspected cases of child
maltreatment referred by educators so often unsubstantiated? Child Abuse &
Neglect.

Pozzulo, J. D., & Balfour, J. (2006). Children’s and adult’s eyewitness identification
accuracy when a culprit changes his appearance: Comparing simultaneous and
elimination lineup procedures. Legal and Criminological Psychology, 11, 25-34.

Copyright © 2015 Pearson Canada Inc., Toronto, Ontario

 Instructor’s Manual for Forensic Psychology 76

Pozzulo, J. D., & Dempsey, J. L. (2013). Children’s identification accuracy of multiple

perpetrators: Examining the simultaneous versus elimination lineup. Psychiatry,
Psychology and Law, 20, 353-365.

Pozzulo, J. D., Dempsey, J., Bruer, K., & Sheahan, C. (2012). The culprit in target-absent
lineups: Understanding young children’s false positive responding. Journal of
Police and Criminal Psychology, 27, 55-62.

Saywitz, K. J., Esplin, P., & Romanoff, S. L. (2007). A holistic approach to interviewing
and treating children in the legal system. In M. E. Pipe, M. E. Lamb, Y. Orbach, &
A.-C. Cederborg (Eds.), Child sexual abuse: Disclosure, delay, and denial (pp.
221-249). New York, NY: Taylor & Francis Group.

Tommyr, L., Ouimet, C., & Ugnat, A.-M. (2012). A review of findings from the
Canadian Incidence Study of Reported Child Abuse and Neglect (CIS). Canadian
Journal of Public Health, 103, 103-112.

Trocmé, N., & Wolfe, D. (2001). Child maltreatment in Canada: Canadian incidence
study of reported child abuse and neglect : selected results. Ottawa, ON: Health
Canada.

Westcott, H. L., Davies, G. M., & Bull, R. (2002). Children's testimony: A handbook of
psychological research and forensic practice. Sussex, England: John Wiley &
Sons.

Zajac, R., Garry, M., London, K., Goodyear-Smith, F., & Hayne, H. (2013).
Misconceptions about childhood sexual abuse and child witnesses: Implications
for psychological experts in the courtroom. Memory, 21, 608-617.

SUGGESTED ONLINE VIDEO RESOURCES

1) Margaret Kelly Michaels Interview (Oprah, 2003). Interview of Kelly Michaels in the
Wee Care Daycare case, and was falsely accused and imprisoned for 5 years (segment
approximately 13 minutes).
LINK: http://www.youtube.com/watch?v=Pz5UiZ0c7pk

2) Indictment: The McMartin Trial (HBO TV, 1995). The McMartin family's lives are
turned upside down when they are accused of serious child molestation. The family run a
school for infants. An unqualified child cruilty "expert" videotapes the children
describing outrageous stories of abuse. One of the most expensive and long running trails
in US legal history, exposes the lack of evidence and unprofessional attitudes of the
finger pointers which kept one of the accused in jail for over 5 years without bail
(2:11:46).
http://www.youtube.com/watch?v=gxUv3mgJgkU

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 Instructor’s Manual for Forensic Psychology 77

NOTE: You could break this up into segments or have your class watch this on their own
time and bring it into discussion for one of the activities discussed above or as general
discussion about child victims/witnesses and questioning procedures.

3) Truth and Consequence (2012). At Cornell University, renowned psychologist Stephen

Ceci studies the accuracy of children's courtroom testimony, particularly in cases alleging
physical abuse, sexual abuse, and neglect. "Truth and Consequence" is a short
independent documentary that focuses on Professor Ceci's research and three court cases
in which he testified as an expert witness (37:23).
LINK: http://www.youtube.com/watch?v=Q-B4AsF1ma0

4) Dr. Joanna Pozzulo (Carleton University, 2012). Dr. Joanna Pozzulo, Psychology
Department, discusses the study of eye witness identification and how well a witness can
pick out a perpetrator from a line up, what factors can impact accuracy and inaccuracy
(2:16).
LINK: http://www.youtube.com/watch?v=2EKqqZjrp4Y

5) The Child Witness (Child Witness Center, 2008). The audience will be part of a
journey through the eyes of a 6-year-old child victim who visits the Child Witness Center
and gets ready to go to court and testify. The child's dialogue represents the voices of
many children who have been helped by the Centre through the years and is taken
directly from statements and transcripts (6:03).
LINK: http://www.youtube.com/watch?v=WKhKVoQfG5Y

6) Can You Always Believe the Children? (1993). W5 discussion of cases and the
research of Ceci & Bruck about child suggestibility and imagination, including the Sam
Stone study (16:33).
LINK: http://www.youtube.com/watch?v=vVh22znRd2Q

7) Canada Falling Short on Foster Care, Maltreatment Rates Remain High (2012). A
study published recently by Dr. Marni Brownell and colleagues in the Lancet examined
information from six different countries, including Canada, and found that despite
concerted government intervention, there has been no real reduction in child
maltreatment, including abuse, neglect or family violence. One of the indicators of child
maltreatment examined in the study was involvement with child protection agencies --
how many kids are in care. According to information from the Centres of Excellence for
Children's Well-Being (CECW), there were 67,000 children in out-of-home care in
Canada on one day in 2007, which translates into one of the highest rates in the world
(5:08).
LINK: http://www.youtube.com/watch?v=eFNnb9WeTBk

SUMMARY OF COURT CASES

R. v. Kliman (1998)
Facts:

Copyright © 2015 Pearson Canada Inc., Toronto, Ontario

 Instructor’s Manual for Forensic Psychology 78

 Michael Kliman, a teacher from British Columbia, was arrested and charged with
the sexual abuse of two female students.
 Both of the complainants (‘A’ and ‘B’) claimed they suffered from memory loss
following the traumatic events.
 At appeal, the jury was unable to reach a verdict, and at Kliman’s third trial he
was acquitted due to the improbabilities associated with the complainants’
testimonies.
Summary:
This case displays the difficulties associated with laying criminal charges based
on recovered memories of traumatic events, such as instances of sexual abuse. ‘A’
claimed to have recovered several memories of sexual abuse by Kliman while undergoing
therapy after being hospitalized for an eating disorder;, however, ‘B’ had no memory of
the abuse until she was questioned by police following ‘A’’s disclosure. During trial, Dr.
Elizabeth Loftus testified that there was no scientific evidence to support the idea that
several incidents of trauma could be repressed and recovered at a later time, and that
suggestive questions could taint memory of events. Contrastingly, Dr. John Yuille stated
that research does exist that supports the existence of dissociative amnesia. At his third
trial, Kliman was acquitted. Regardless of the memory issues, the court concluded that
many improbabilities existed that made it difficult to rely on the testimony of the
complainants.

Copyright © 2015 Pearson Canada Inc., Toronto, Ontario

Another random document with
no related content on Scribd:
world was God'; the other shall make answer, 'After God came Christ, His
sonne'—Martyn Furbusher."

It was no uncommon thing in those days for an educated man to be rather

vague about the spelling of words, and even his own name might have
variations. Frobisher, with all his passionate temper, tried to serve God
according to his lights; he was resolute that his men should do so too.

They sailed from Harwich on the 31st of May, and on the 6th of June fell
in with some Bristol traders who had been assailed by French pirates, and
were so wounded and hungry that they were like to perish in the sea, their
food for many days having been olives and stinking water.

Frobisher sent his surgeons to dress their wounds, gave them store of
food, and steering north-west reached the south of Greenland.

He this time found a good harbour, native boats, and tents. The people
ran away, and Frobisher only took two white dogs, leaving some knives for
payment.

Soon after, the Solomon struck a great whale with her full stern so
violently that the ship stood still. "The whale thereat made a great and ugly
noise and cast up his body and tail, and so went under water; within two
days there was found a great whale dead, swimming above water." The
creature had probably been asleep on the surface.

On the 2nd of July they had reached Frobisher's Straits, which to their
discontent they found choked up with ice, and the ships were in great danger
for some days. The Denis, of 100 tons, was struck by an iceberg and lost.
She carried the movable fort; her crew only were saved.

Then followed a great storm, and they had much ado to defend the sides
of their ships from "the outrageous sway and strokes" of the fleeting ice. For
planks of timber of more than three inches thick were shivered and cut
asunder by the surging of the sea and ice-floes, and the noise of the tides and
currents reminded them of the waterfall under London Bridge. When the
storm abated, under the lee of a huge iceberg Frobisher mustered his ships
and caused the crews to offer up special thanksgivings for their great
deliverance. After the storm came fogs, and they lost their bearings.
Frobisher said the coast was in Frobisher Straits; Hall averred it was not, and
they quarrelled like schoolboys; for "Frobisher fell into a great rage and
sware that it was so, or else take his life."

However, Frobisher was afterwards proved to be in the wrong; he had

discovered the great inlet, called subsequently "Hudson's Strait." This he
followed up for three hundred miles, trying to persuade his comrades that
they were in the right course. He himself began to see he had been misled,
but a strong desire and hope came upon him—he would now find the
passage to Cathay! But his crew cared little for such poor ambition; they
talked against their leader behind his back, and soon openly demanded to be
taken home. So they turned once more to the region of fog, and after
imminent risks, the mariners being scared in the darkness and crying
continually, "Lord, now help or never!" they cleared the corner of "Meta
Incognita" on the 23rd of July. Then the mutineers murmured again because
Frobisher wished to wait for the rest of the fleet; but Frobisher mastered
them and brought his ships to the Countess of Warwick's Sound. There he
was welcomed by the crews of the Judith and the Michael, and two days
afterwards Hall appeared with the remaining vessels.

Special services of thanksgiving were offered and the mutinous men

were forgiven, though they continued to be sulky and obeyed under protest.
No colony could be left, because the timber for the fort was lost. When they
reached Bear's Sound the flame of discontent blazed up so fiercely that it
was even proposed to put their admiral ashore and leave him to perish in the
snow. However, this was voted against by the majority, who perhaps were
wondering what the Queen might say. For it was well known that she had a
high opinion of her "trusty and well-beloved" Master Frobisher.

They embarked for home after they had filled their bunkers, and had
hardly entered the open sea with their cargoes of mineral than a violent
storm dispersed them; the Aid was nearly wrecked, and lost her pinnace. So
with contrary winds and heavy storms they battled their way south, and
reached port somewhere in England by October.

As before, their coming was welcomed with hearty delight, and once
more the hopes of speculators stirred the enthusiasm of the nation.
 One old chronicler writes: "Such great quantity of gold appeared that
some letted not to give out for certaintie that Solomon had his gold from
thence, wherewith he builded his temple."

The Queen had advanced £4000 herself, to show her belief in Frobisher
and in the gold ore, and all were now waiting for the refiners' verdict. It
came very rapidly—no gold to be got out of all these tons of rock!
Enthusiasm and shouting gave way to abuse and slander, not only in the
Court and City, but the mutinous part openly accused Frobisher of having
misled them: "his vainglorious mind would not suffer any discovery to be
made without his own presence."

Even Lock, Frobisher's good friend in time of prosperity, now led the
opposition to him, and refused to pay the salary that was due to him.

There was an added bitterness in this which the world did not know of;
for Frobisher had been obliged to leave his wife and children poorly
provided for. A letter from Dame Isabel Frobisher, "the most miserable poor
woman in the world," to Sir Francis Walsingham, describes to us a pitiful
state of affairs. She complains that whereas her former husband had left her
with ample means for herself and children, her present husband—whom God
forgive!—had spent all she had, and "put them to the wide world to shift." In
fact, they were starving in a poor room at Hampstead, and when Frobisher
came home he doubtless comforted her, saying his salary was overdue, and
all would soon be well. Then Frobisher goes into the City and is told he
cannot have his salary! He is furious, for his temper was ever stormy, and
calls Lock "a bankrupt knave." Lock writes to Walsingham and complains
that Frobisher has raged against him like a mad beast. Others, who have met
Frobisher and railed against him for bringing home worthless mineral, meet
with similar ill-treatment. No wonder! for the man is well-nigh beside
himself to find his pains and sufferings for England's sake miscalled neglect,
to know that a pamphlet has been written against him as an arrogant,
obstinate, and prodigal knave, "full of lying talk, impudent of tongue, and
perchance the most unprofitable of all who have served the Company."

We need not wonder if Frobisher, having been spoilt by praise and

flattery after his two former voyages, now lost his temper and swore that he
would hip his masters "the Adventurers" for their ungenerous treatment. It
was the search for this non-existent gold which cramped him and deprived
his voyages of half their usefulness: the blame rested elsewhere.

Lock was thrown into the Fleet Prison for buying a ship for £200 and not
being able to pay for it. No doubt other speculators were equally near ruin.

It is pleasant to know that the Queen never lost her belief in her trusty
servant, though she, like others, must have chafed at the loss of her
subscription.

"No more expeditions, an it please you," said the City merchants; but the
wealthy courtiers, Leicester and Shrewsbury, Oxford, Pembroke, and
Warwick, proposed to try one more voyage, and Drake offered to fit out a
ship of 180 tons. Frobisher went home to his wife in high glee: "It will all
come right, pretty mistress; there is to be another voyage, and I, Martin
Frobisher, the Admiral." Yet when the instructions came, the poor earnest
discoverer was taken aback; for in the paper he read, "We will that this
voyage shall be only for trade, and not for discovery of the passage to
Cathay."

His heart sank within him—another search for gold! No! he would have
none of it. He had the scientific spirit of Agassiz, who, when offered by New
York any terms he liked, if he would come and lecture, replied by telegram:
"Gentlemen, I have no time for making money."

So Frobisher bluntly refused to lead such an expedition, and Edward

Fenton went in his place,—and it was to look for carracks in the South Seas!

How Frobisher and his lamenting wife lived for the next few years we do
not know; but in 1580 he was appointed Clerk of her Majesty's ships, and
once he went as captain on a Queen's ship, the Foresight, to prevent the
Spaniards giving help to the Irish rebels in Munster.

In 1585 a fleet was fitted out to annoy the King of Spain in the West
Indies, in return for his seizing all the English ships and seamen found in his
ports.

Sir Francis Drake was admiral in the Elizabeth Bonadventure, Frobisher

was vice-admiral in the Primrose; there were twenty-five vessels and 2300
men, and they were authorised by the Crown to make war upon King Philip
of Spain. It was looked upon as a religious war in defence of freedom of
conscience. Walsingham wrote to Leicester: "Upon Drake's voyage, in very
truth, dependeth the life and death of the (Protestant) cause, according to
men's judgment."

The fleet left Plymouth on the 14th of September 1585, and after
receiving the submission of Vigo and doing some damage and liberating
some English prisoners, they went to Palma, in the Canaries. Here, owing to
"the naughtiness of the landing-place, well furnished with great ordnance,"
Drake and Frobisher were driven off with some loss. At Cape de Verde one
of his men was murdered by a Spaniard, and the penalty exacted was the
burning of Santiago, the hospital excepted.

Here a severe sickness broke out, extreme hot burning and continual
agues, which led to "decay of their wits" and strength for a long time after;
thereby they lost more than two hundred men. Thence they sailed to
Dominica, St. Kitts, and Hispaniola. At San Domingo 1200 men were landed
under Master Carlisle. It was New Year's Day, 1586, when a hundred and
fifty Spanish horse came out to crush the invaders, but had to retire within
the walls. There were two gates facing the sea; by these Carlisle entered,
dividing his force and vowing that, if God would help them, they would
meet in the market-place. This they succeeded in doing, and next day Drake
and Frobisher brought their vessels into the harbour, and landed most of the
men to share in the spoil.

San Domingo was held for a month and ransacked, but little gold or
silver was found, only wine, oil, olives, cloth, silk, and good store of brave
apparel, some of which they saved, doubtless for their wives at home.

The Spanish Governor and the troops had fled to a fort three miles from
the town, and Drake sent a negro boy with a flag of truce to treat with them
for their ransom. The poor lad was met half-way, and so beaten that he could
scarcely crawl back to die at the admiral's feet.

Drake was not the man to leave such an outrage unavenged; he ordered
the Provost-Marshal to carry two friars to the same spot and hang them
there. He also sent a messenger to inform the Governor that two prisoners
would be hanged every day until the murderer was given up.

The murderer was given up and hanged, and then the town was fired.

Similar proceedings were taken at Cartagena, though here the Spaniards

fought more stoutly, and Indian archers "with arrows most villainously
empoisoned" caused the death of many. Many English, too, "were
mischiefed to death by small sticks, sharply pointed, that were fixed in the
ground, with the points poisoned." As the attack was made in the dark, many
were wounded and died. Cartagena was held for six weeks, and many
courtesies passed between the Spaniards and the English. A ransom of
£28,000 was paid, and Drake restored the town to its inhabitants.

They left Cartagena on the 31st of March, after blowing up the fort, and
sailed along the coast of Florida, sacking and burning the Spanish
settlements of San Juan de Pinos and St. Augustine; then they came to the
island of Roanoke, where they found Raleigh's colonists on the verge of
starvation, offered them help and a passage home. These colonists had
behaved cruelly to the Indians and had suffered for it. They brought home a
strange herb, which is thus described: "There is a herb," says Hariot, one of
the colonists, "which is called by the natives uppowoc: the Spaniards call it
tobacco. The leaves thereof being dried and brought into powder, they are to
take the fume thereof, by sucking it through pipes made of clay, into their
stomach and head, whence it purgeth superfluous phlegm and other gross
humours, or openeth all the pores and passages of the body."

A month's sailing brought them to Portsmouth, but it was not considered

a successful cruise, for they had lost seven hundred and fifty men, chiefly
from disease, brought home two hundred pieces of brass cannon, and sixty
thousand pounds, of which one-third was given to the soldiers and sailors as
prize-money. But the chief gain was in the effect on Philip, who forbade the
sailing of his Indian fleet until Drake and Frobisher returned.

These found on landing that nearly every gentleman in England was

fitting out a ship for privateering against Spain; that Hawkins and Winter
were busy overhauling the Queen's navy, and that England was expecting an
invasion. No doubt Frobisher was soon kept busy too, and we will hope that
the wife and children at Hampstead had less cause to complain of their
poverty when they got their share of the prize-money. And how glad they all
were when Frobisher rode home one evening and cried: "News! good wife.
What think ye, lads and lasses? The great Armada is on her way at last."

"Alack! and wail-away! is that news for your poor family, Master
Frobisher?"

"Ha! ha! it is the time when honest men come to the front, wife. In a
word, you shall have no stint of rations henceforth; for I, Martin Frobisher,
am to-day appointed Vice-Admiral, in command of a squadron in the
Queen's fleet, and go down to Plymouth to-morrow. The Lord High Admiral,
Lord Howard, hath writ right excellently of me to her Majesty to this effect
nearly: 'Sir Francis Drake, Mr. Hawkins, Mr. Frobisher, and Mr. Thomas
Fenner are those whom the world doth judge to be men of the greatest
experience that this realm hath.' So, God help us all and defend the right!"

Thus Frobisher, the vice-admiral, rode a-horseback down to Plymouth,

and probably played many a game of bowls on the Hoe, while the captains
waited for the signal. History tells how, when the call came, Drake,
Hawkins, and Frobisher waited upon the Spanish rear squadron on that
famous Sunday of the 21st of July, cutting in and out amongst the unwieldy
galleons, and cheering one another on amid fire, smoke, and bellowing
cannon. For six hours the English hornets pursued the Spanish monsters, and
by three o'clock the Spanish fleet was disordered and confused, and the
English seamen sat down to supper and prayers and letter-writing.

Anon they returned to the pursuit, and as luck would have it, the flagship
of the Andalusian squadron under Don Pedro de Valdez came athwart the
Triumph and Martin Frobisher. She had lost her foremast and was crippled
for speed; so the Duke of Medina Sidonia left her in the lurch. "Left me
comfortless in the sight of the whole fleet," wrote Pedro to King Philip.
However, Frobisher signalled to Hawkins, and together they came buzzing
round the lofty Spaniard with shot of guns. All through the night the flagship
defended herself bravely; in the morning who should come through the mist
but Drake in the Revenge.
 Drake was a busy man just now and could not afford to waste powder, so
he sent a pinnace to command them to yield. Don Pedro replied that he was
four hundred and fifty strong; he spoke much of his honour and proposed
conditions. Drake in return said, "I really have no leisure to parley. If thou
wilt yield, do it presently and at once; if not, then I shall well prove that
Drake is no dastard." How that terrible name struck a panic into the
Spaniards! It was Drake! Don Pedro made haste to come on board the
Revenge with forty men, and bowed with Spanish courtesy, paid Drake many
compliments, and yielded up his sword. That day Don Pedro dined at
Drake's table; his men were sent to Plymouth till their ransoms were paid.
Drake's crew took 15,000 ducats in gold out of the spoil and shared it
merrily among themselves.

But Frobisher and Hawkins had meant to take this galleon and share in
all this prize-money and ransom-money. They had no time now to grumble
or quarrel, as the fight was not yet over; but long after, on the 10th of
August, when the crews were again on shore, Frobisher said angrily of
Drake: "He thinketh to cozen us of our shares of the 15,000 ducats; but we
will have our share, or I will make him spend the best blood in his belly, for
he hath done enough of those cozening cheats already."

Don Pedro having defended his ship all night against Frobisher and
Hawkins had then surrendered to the mere terror of Drake's name. A better-
tempered man than Frobisher might have felt aggrieved at the ill-luck.

By Wednesday most of the fighting was over, and Lord Howard divided
his fleet, now increased from sixty sail to a hundred in one week, into five
squadrons, of which Frobisher was to command the fourth squadron and
guard the narrow sea. On Thursday, 25th July, Frobisher had a hard fight
against the Santa Anna and a Portuguese galleon. At last Lord Howard came
to his rescue, and was so full of admiration for the prowess shown that the
next day he knighted Frobisher and Hawkins.

By Monday the 29th of July, we find Frobisher in the Triumph, with

Drake and Hawkins closely pursuing the Spaniards over the Flemish shoals;
there they dashed in upon the crescent formation and drove some ashore to
be wrecked, and others to the angry seas outside. The galleons of Spain were
so tall that the English could not conveniently assault them; so "using their
prerogative of nimble steerage, they came oftentimes very near upon the
Spaniards, and charged them so sore that now and then they were but a
pike's length asunder. And so, continually giving them one broadside after
another, they discharged all their shot, both great and small upon them,
spending a whole day in that violent kind of conflict."

Later, when the great Armada sped north under a rising gale, Frobisher
and his squadron remained in the Channel to guard the shore against Parma.

In May 1590, he was sent as vice-admiral under Sir John Hawkins to

cruise along the Spanish coasts and intercept the carracks from India. But
Philip was keeping all his trading vessels in port; so they returned to
England in October with so few prizes that the Queen expressed great
displeasure. The next thing we hear of Frobisher is his being sent in a swift
pinnace by the Queen to recall Walter Raleigh as he was starting for the
Isthmus of Darien. Frobisher took Raleigh's place and commanded one
squadron; his orders being to cruise about the coasts of Spain and "to amaze
the Spanish fleet."

Fortunately a big Biscayan ship with a valuable cargo came in sight, was
captured and sent home, to the Queen's well liking; but after that Frobisher
had no more good fortune.

In 1594 Henry of Navarre wrote to Queen Elizabeth for help in

dislodging a force of 3000 Spaniards from the Brittany coast. Raleigh
pressed the subject at Court until Frobisher was sent with ten ships to try and
save Brest from falling into Philip's hands. Frobisher landed his troops and
joined Sir John Norris, who was about to attack Fort Crozon, near Brest. The
Spaniards made a stout resistance and many English fell. The Queen,
hearing this news, wrote to Norris advising more caution: "The blood of man
ought not to be squandered away at all adventures." She wrote, too, in
November to Frobisher:—

"Trustie and well-beloved, wee greet you well ... we perceive your love
of our service and your owne good carriage, whereby you have won yourself
reputation.... We know you are sufficientlie instructed howe to prevent any
soddaine mischief, by fire or otherwise, upon our fleet under your charge...."
 So we see the Queen caring for her men and her ships, and frankly
commending her trusty admiral for his foresight—but letting him see that
she was ever watchful over his doings.

The Crozon fort was taken and razed to the ground, but the brave
Frobisher was wounded in the hip by a musket-ball. It would have been a
trifle in our days of scientific dressing, but the surgeon, when he extracted
the ball, left the wadding behind; the wound festered, fever and death
ensued. Here is Frobisher's last letter to the Lord High Admiral as he lay
wounded:—

"I was shott in with a bullett at the batterie, so as I was driven to have an
incision made to take out the bullett; so as I am neither able to goe nor ride.
And the mariners are verie unwilling to goe except I goe with them myself.
Yet, if I find it come to an extremitie, we will do what we are able: if we had
our vittels, it were easily done."

That was just like Frobisher! though he lies on his death-bed, he is ready
to go with his men to front the foe, "if it come to an extremitie."

CHAPTER V

SIR HUMPHREY GILBERT, THE FOUNDER

OF NEWFOUNDLAND

Humphrey Gilbert was the second son of Sir Otho Gilbert of the manor-
house of Greenaway in South Devon; his mother was Catherine, daughter of
Sir Philip Champernown, of pure Norman descent, having the blood of the
Courtneys in her veins.

The three brothers, John, Humphrey, and Adrian, living at Greenaway

close to the Dart, about two miles above Dartmouth, no doubt often played
at being sailors in the beautiful reach of water that runs so deep beneath the
windows, that the largest vessels may ride safely within a stone's throw.
They were brave boys, full of promise even in their boyhood, and all three
destined to win the honour of knighthood for daring deeds.

Humphrey, born about the year 1539, was no mere fighting seaman, but
a thoughtful, earnest discoverer of such scientific truths as were within the
intellectual grasp of the sixteenth century.

He was educated at Eton and Oxford, but his heart was ever in
seamanship. He talked so learnedly about his profession that news of his
prowess came to the ears of Walsingham, who rehearsed them to the Queen.
Hence it came that Humphrey Gilbert was examined before her Majesty and
the Privy Council: a record of this examination was drawn up by Humphrey
and still exists. He was "for amending the great errors of naval sea-cards,
whose common fault is to make the degree of longitude in every latitude of
one common bigness"; he had already begun to invent instruments for taking
observations and for studying the shape of the earth. But his great idea was
to form colonies in the New World and find an outlet for trade and a
population growing too thick upon English soil. His manner and intelligence
left a great impression upon the Virgin Queen, for he reminded her more of
her favourite Greek philosophers than of a blunt English squire.

Sir Otho must have died when Humphrey was about twelve years old,
and his mother then married Mr. Raleigh of Hayes; he was a country
gentleman of slender means, living in a modest grange in a village between
Sidmouth and Exmouth. Whether her three boys accompanied her we do not
know; but when Walter Raleigh was a boy, he used to visit his half-brothers
at Compton Castle, amid the apple orchards of Torbay, or at the Greenaway
manor-house. We can imagine how that imaginative child would sit by the
river and listen to the stories of his half-brothers, drinking in a love of
adventure, a hatred of religious persecution, and a belief in God's
providence. For the river was full of quaint vessels from every port, and the
sailors were full of moving stories of the prisons of the Inquisition, or the
sufferings of the Netherlanders; and the Gilberts had been brought up by
their mother to see the hand of God in all the great events of life.
 As one of Frobisher's men said, when describing the great tussle with the
ice-floes, "The ice was strong, but God was stronger."

We may be sure that one of the most critical moments in Walter Raleigh's
education was the time when he stayed with the Gilberts, and listened to
ideas of empire and duty which only a few in any age have been inspired to
feel and know and carry into practice.

Humphrey shows in his writings that he had read deeply; Homer and
Aristotle and Plato are quoted in his Discourse to prove a north-west passage
to Cathay. Philosophers of Florence, Grantor the Grecian, and Strabo,
Proclus, and Philo in his book de Mundo, and the German Simon Gryneus,
and a host of modern geographers are called to bear witness to his theory
that America was an island. Then he had read all the accounts brought home
by great seamen, and skilfully wrought them together to prove his theory.
But of course his facts were very unreliable and mixed with strange errors,
but that was not his fault. If he believed that there was unbroken land to the
South Pole, except for the narrow opening of the Straits of Magellan, the
error was not his.

At the end of his memorial to the Queen, he writes: "Never therefore

mislike with me for the taking in hand of any laudable and honest enterprise;
for if through pleasure or idleness we purchase shame, the pleasure
vanisheth, but the shame remaineth for ever. Give me leave therefore,
without offence, always to live and die in this mind: that he is not worthy to
live at all that, for fear or danger of death, shunneth his country's service and
his own honour, seeing that death is inevitable and the fame of virtue
immortal."

We can imagine the great Queen looking admiringly at this tall knight of
Devon, so fair and yet so strong, so practical and inventive, and yet so
compact of fancy and imagination; a man after her own heart, brave and
loyal, and one who feared God alone.

Humphrey was only twenty-five years old when he petitioned the Queen
in association with Anthony Jenkinson for licence to find out a north-eastern
passage to Cathay, a country which surpassed in wealth all the parts of the
Indies visited by the Spaniards. Gilbert promised to fit out such an
expedition at his own expense, all the profits to go to those who embarked
upon it, except the fifths, which belonged to the Crown. However, Elizabeth
did not yet listen favourably to this project; she sent Jenkinson back to
Russia as her Ambassador, and found service for Gilbert under the Earl of
Warwick at Havre in 1563. Here he received a wound and had to come home
for a space of three years; then he was ordered to Ireland in July 1566, to be
employed under the Lord Deputy, Sir Henry Sidney. Humphrey was
appointed captain in the army which under Sidney was resisting the forces of
the Irish rebel chief, Shan O'Neill, and saw a good deal of desperate fighting.

In November 1566, Sir Henry Sidney sent Gilbert with despatches to

England, and the daring youth presented another petition to the Queen,
asking for two of the Queen's ships, provided he supplied two others, and
requesting the life government for himself of any countries he might
conquer, and a tenth part of all their land. In this petition he proposed to
reach the Indies by the north-west, and to this change of plan he remained
constant. But the Company of Merchant Adventurers protested against this
as an infringement of their own charter, and it was abandoned.

But the Queen never lost sight of her able young officer. In March 1567
Gilbert was back in Ireland, and in June the Queen wrote to Sidney bidding
him see how far the Irish rebels could be restrained by establishing a colony
of honest men in Ulster. She recommended him to use the services of
Humphrey Gilbert, as the colonists would come chiefly from the west of
England; these Gilbert was to select, to conduct them to Lough Foyle and
there to be their President. But this plan was never carried out, and Gilbert
went back to his soldiering. For the next two years, as leader of a band of
horse, he helped Sidney to put down rebellion.

When in 1568 he was sent back to England and fell dangerously ill, the
Queen inquired carefully into his condition, and wrote to Sir Henry Sidney
to say that Gilbert was to have his full pay during his absence, and some
better place was to be found him on his return to Ireland. So, with a Queen to
back him up, Gilbert was made a colonel, and defeated M'Carthy More in
September. This victory won for him the honourable duty of keeping the
peace in the province of Munster, where he showed more vigour and stern
discipline than sympathy.
 In December we find him writing to the Lord Deputy, saying he was
determined to have neither parley nor peace with any rebel; for he was
convinced that no conquered nation could be ruled with gentleness.

Henry Sidney was not averse to the strong hand, and wrote to the Queen,
praising Gilbert's "discretion, judgment, and lusty courage," and on January
1, 1570, he knighted Gilbert at Drogheda.

In 1571 Sir Humphrey Gilbert married Anne, daughter of Sir Anthony

Ager of Kent, not unmindful perhaps of the old proverb:—

"A Knight of Gales, and a Gentleman of Wales, and a Laird

of the North Countree,
A Squire of Kent with his yearly rent will weigh them down
—all three."

He was then returned as M.P. for Plymouth.

But Elizabeth, who had been helping the Netherlands against Philip in
secret, underhand ways, began in 1572 to be impressed by the Catholic
League, and to fear that England, like all other Protestant countries, must
look to encounter the whole forces of the Pope. She remembered the words
of Walsingham, "Unless God had raised up the Prince of Orange to entertain
Spain, Madam, we should have had the fire long since at our own door."

So Gilbert went to Flanders in 1572 with 1400 Englishmen to fight

against Philip's stern deputy, the Duke of Alva. He took part in the siege of
Sluys, and wrote to ask the Queen for more men to be sent. He then helped
in the assault on Tergoes. But his rash, hot-headed style of fighting, acquired
perhaps in Ireland, offended the slow and cautious Dutchmen whom he was
assisting, and Gilbert returned to England, convinced that the Dutch lacked
animal courage.

Then for two years Sir Humphrey lived quietly at Limehouse, busy with
chemical researches; but as his partners wished to try the so-called science of
alchemy and to transmute iron into copper, he begged leave to withdraw,
mistrusting their modicum of science.

Gilbert had time to meditate now on his relentless treatment of Irish

rebels. A brave and chivalrous gentleman, for those times, a scientific
explorer and a man of deep piety, he could now compare his conduct in
Ireland with Alva's in the Netherlands, and wonder if Sidney's high praise
had been deserved.

"For the Colonel," Sidney wrote to Cecil in 1570, "I cannot say enough.
The highways are now made free where no man might travel unspoiled. The
gates of cities and towns are now left open, where before they were
continually shut or guarded with armed men.... And yet this is not the most,
nor the best that he hath done; for the estimation that he hath won to the
name of Englishman there, before almost not known, exceedeth all the rest;
for he hath in battle broken so many of them, wherein he showed how far
our soldiers in valour surpassed those rebels, and he in his own person any
man he had. The name of an Englishman is more terrible now to them than
the sight of a hundred was before. For all this, I had nothing to present him
with but the honour of knighthood, which I gave him; for the rest, I
recommend him to your friendly report."

That was the better side of the question—order kept and duty done. But
Sir Humphrey in his two years of quiet thinking and writing must have often
recalled with compunction scenes in Ireland which he could not approve of,
and perhaps was dimly conscious of at the time.

For the English troops, spread abroad over a lonesome countryside and
held in check only by some ruthless sergeant-major, would often, when
opposed to desperate men, meet outrage with outrage, and cruelty with
cruelty.

Sidney himself loathed his vile task, and often implored to be called
away from "such an accursed country."

We may be sure, then, that a man so gentle and humane as Sir Humphrey
Gilbert must have felt that the government of Ireland was no pleasant task. It
was also very expensive, for the cost of it to England above the revenue
levied in Ireland itself from the date of Elizabeth's accession was now
£90,000.

No one seems to have thought that lenity might win a greater success
than stern discipline. Rokeby writes to Cecil: "It is not the image nor the
name of a President and Council that will frame them to obedience; it must
be fire and sword, the rod of God's vengeance. Valiant and courageous
soldiers must make a way for law and justice; or else, farewell to Ireland."

In the winter of 1574 Gilbert received a visit at Limehouse from George

Gascoigne, the poet. "Well, Sir Humphrey, how do you spend your time in
this loitering vacation from martial stratagems?" asked the poet.

"Come into my writing-room, George, and you shall see sundry

profitable exercises which I have perfected with my pen—and that of my
half-brother, Walter Raleigh." Thereupon Gilbert put into his friend's hands
the celebrated Discourse on the North-west Passage.

As Gascoigne read the concluding words: "If your Majesty like to do it

all, then would I wish your Highness to consider that delay doth oftentimes
prevent the performance of good things, for the wings of man's life are
plumed with the feathers of death," he turned and said with a laugh, "It is
easy for a rhymester to see that Walter, the poet, writ those words. But suffer
me to take it home: such good stuff asketh some study."

The manuscript of the Discourse was handed about in influential

quarters, and that very winter the Queen reminded the Governor and
Directors of the Muscovy Company that twenty years had passed since they
last sent out an expedition to search for Cathay. It was Martin Frobisher who
bore the Queen's letter to the Governor; and when the Company declined to
find a North-west Passage, the Queen granted a licence to Frobisher and
others to search for the same. But the initial impulse had been given by Sir
Humphrey Gilbert and Walter Raleigh.

Various schemes these restless adventurers proposed to the Queen, but it

was not until June 1578 that a charter was granted to Gilbert for discovering
and possessing any distant and barbarous lands which he could find,
provided they were not already claimed by any Christian prince or people.
He was authorised to plant a colony and to be absolute governor both of the
Englishmen and of the natives dwelling in it; and he was to rule, "as near as
conveniently might be," in harmony with the laws and policy of England.

How swiftly Gilbert set about preparing his expedition! Fortunately long
arrears of pay had lately been issued to him for his services in Ireland. All
this he lavished on his ships and their provision, leaving his little wife but a
slender margin to live upon. But his faith was so strong in his theories that
he dared to risk almost all he had.

Friends came round him, eager to help and—not least—to share the
profits of the expedition; among these were Walter and George Raleigh,
George and William Carew, Denny, his cousin, Nowell and Morgan. But best
of all, the Queen wished him all good success; for she had sent two of her
own kinsmen, Henry and Francis, sons of Sir Francis Knollys, to join him on
the expedition.

By the end of summer, 1578, Gilbert's fleet of eleven sail, manned by

five hundred young gentlemen and sailors, seemed ready for sea as it lay at
anchor between the wooded cliffs that girdle the Dart.

But a strange discord was already making Gilbert's life bitter to him;
there were too many masters in that little fleet, and petty bickerings spoilt
the voice of authority and command.

Naturally, the common seamen took their cue from their betters. They
were for the most part reckless men who had broken out of prison;
blasphemers and ruffians who had been tempted to volunteer from sheer
love of piracy.

Some of these men went brawling and rioting through Plymouth,

insulting the night-watch, and even adding murder to pillage.

The townsfolk complained, and the Earl of Bedford, at that time Lord-
Lieutenant of Devon, demanded that the guilty should be delivered up. Sir
Humphrey would have seconded the Earl's efforts to keep order, but Henry
Knollys, to whose ship most of the rioters belonged, set the law at defiance,
laughed at the disorders, and thus encouraged his crew to commit further
excesses.

Knollys, relying on his kinship to the Queen, even ventured to be rude

and insolent towards his leader, and boasted to Sir Humphrey that he was
worth twenty knights. Once, when Gilbert had invited him to dinner, Knollys
declined the invitation, insolently remarking that he had money to pay for
his own dinner, and that the admiral might keep his trenchers for such
beggars as stood in need of his hospitality.

Every day these bickerings and insults passed between the captains and
threatened to end in bloodshed. Henry Knollys, being left second in
command while Sir Humphrey was absent on business, took the opportunity
to pay off a grudge he had against Captain Miles Morgan.

Fortunately Gilbert returned just in time to stay the proceedings. As he

rowed to the ship he asked the meaning of the flag being at half-mast. "They
be agoing to string up Cap'en Morgan at the yardarm, Admiral."

One may imagine how anger and shame and disappointment troubled the
mind of the thoughtful explorer, as he hastened to save his captain from the
savage vengeance of Henry Knollys.

Then, to secure himself against an appeal to the Queen's Council, Gilbert

submitted the matter to the Mayor of Plymouth, who, after hearing evidence
on both sides, gave judgment in favour of the admiral.

But this did not put a stop to the quarrels of the captains, and Henry
Knollys, his brother Francis, Captain Denny, Gilbert's cousin, and others of
the company broke away from the admiral with four ships, and set sail on
their own account. It is pleasant to know that the Queen stood by her faithful
Gilbert, and would listen to no complaints from the Knollys.

It was not until the 19th of November that Sir Humphrey, with Walter
Raleigh, was able to sail from Plymouth with seven ships and three hundred
and fifty men. But whither they went has been left in obscurity.

It seems that Gilbert wished to plant a colony on the North American

coast, a little south of Newfoundland, but the majority of his officers were
for making an attack upon the Spanish possessions further south. In
attempting this they fell in with a strong Spanish fleet in the spring of 1579,
and were defeated with the loss of one of their best ships and of the brave
Captain Miles Morgan, and of many others among the adventurers.

So Raleigh and Gilbert gave up the voyage and returned to Plymouth in

May. They came to London, poor in funds and somewhat dashed in spirit;
but the unlooked-for sympathy of admiring courtiers and merchants cheered
them not a little.

"Walter, we will not give it up yet! Let us work hard for a better ending."

The Queen was much concerned for Gilbert's failure, and sent him with
Walter Raleigh in two ships to the Irish coast to prevent James Fitz-Maurice
from raising an insurrection along the south coast. After some active service
against Spanish vessels, Gilbert was sent back to England, while Raleigh
remained to serve under Lord Grey of Wilton. Gilbert, returning to his wife
in poverty and disappointment, was not unlike Martin Frobisher; they both
suffered in promoting the expansion of the Queen's Empire, and both found
their wives in abject destitution.

In July 1581 Sir Humphrey writes to Walsingham from his house in

Sheppey a piteous letter, begging that he may be paid a small sum of money
owed him for his services in Ireland, whereby he had lost so much that he
was reduced to extreme want. "It is a miserable thing that after twenty-seven
years' service I should now be subjected to daily arrests for debt, to
executions and outlawries, and should have to sell even my wife's clothes
from off her back."

Still Sir Humphrey did not despond, but talked much of his new colony
which he was to found in Baccalaos, or Newfoundland.

The elder Cabot had discovered the island, and Spaniards and French had
made trading voyages to it in search of codfish. The Bristol merchants still
preferred commerce with Iceland, though Anthony Parkhurst of Bristol
reported in 1578 that the English fishing fleet had increased from thirty to
fifty sail, and he urged that more should try that trade.
 But the moneyed gentlemen of the Court and City thought little of cod-
fish, and yearned for the wealth of the Aztecs in Mexico, where lumps of
gold as large as a man's fist could be picked up, and pearls were measured by
the peck. With some retailers of such marvellous stories Gilbert had
conference, and, with help from many speculative friends, he was able to
make a second start in the summer of 1583.

His brother, Walter Raleigh, and his old friends Sir George Peckham and
Carlile, helped to fit out the expedition. Raleigh, having made money in
Ireland and at Court, fitted out the Raleigh, a barque of 200 tons. There were
also the Delight, of 120 tons, the Golden Hind and the Swallow, each of 40
tons, and the tiny Squirrel, of 10 tons. In these vessels were some two
hundred and sixty persons. "For solace of the people and amusement of the
savages we were provided with music in great variety, not omitting toys, as
morris-dancers, hobby-horses, and many like conceits, for to delight the
savage people, whom we intended to win by all fair means possible."

The Queen, ever willing to lend approval to her sea-captains, not without
a sense of favours to come from the Indies, had sent Gilbert, by Raleigh, a
token, an anchor in gold guided by a lady; "And further she willed me to
send you word that she wished you as good hap as if she herself were there
in person, desiring you to have care of yourself as of that which she
tendereth ... further, she commandeth that you leave your picture with me."

This time Gilbert had his own way and steered straight for
Newfoundland, leaving Plymouth harbour on the 11th of June 1583. The
wind was fair all day, but a great storm of thunder and wind fell in the night.

On the third day signal was made from Raleigh's barque that Captain
Butler and many of his crew were fallen sick—a contagious sickness had
broken out which constrained them to forsake the fleet and return to
Plymouth.

"The reason I never could understand," says the chronicler, Edward

Hayes, captain and owner of the Golden Hind. "Sure I am, no cost was
spared by their owner, Master Raleigh, in setting them forth, therefore I
leave it unto God."