- THE INQUEST. The inquest was held at the National School-room, on Monday, at eleven o’clock, before Frederic Barlow, Esq., Coroner for the county, and the followingjury:—Mr. Thomas Kent, foreman; Messrs. William Woollard, jun., William Kent, Thomas Banyard, Stephen Smith, William Fison, Henry Muggleton. Thomas Tuddenham, Robert Grange, Robert Burling, William Barton, Fison Spalding, John Adson, John Negus, and John Morley. Captain Davies, Chief Constable, was present during part of the inquiry; and the case was conducted by Mr. Superintendent Stretten, deputy chief constable. Several people belonging to Ditton and the neighbouring villages were present during the inquiry, which of course excited much iuterest. The jury having been sworn, The Coroner proceeded to open the inquiry, He said, before entering upon this inquiry, he thought it might be facilitating their duties were he to explain them to them with regard to this particular case, together with the law, as the case might possibly lie affected by it. Though they would of course be guided solely by the evidence which wonld be there produced before them upon oath; sufficient was doubtless already known to them to set aside all question of natural death. Their duty, then, would be to consider, from the evidence given, by what means the deceased came to her death, whether by accident or by violence. If by accident, then the cause of that accident, and whether any other person is criminally answerable for it from any unlawful or wilful act, or from such gross negligence or improper conduct as would render such person criminally answerable for the death. If by violence—then who was the person committing the violence, and whether such violence amounted in contemplation of law to wilful murder, manslaughter, or justifiable homicide. As to the law, be would consider the matter of justifiable homicide first. The law of this country did not permit man to take tho life of man except for the preservation of his own life. If a man attacked another with a deadly weapon, and the latter had no means of preserving his own life but by taking the other’s, the law justified him in doing so. But if a man, having attacked another man, and having severely wounded him, ran away from him, the law wonld not justify the latter in shooting him, unless, from some good cause, he had strong reason to believe he wonld return to the attack. With regard to mnrder—the law defined murder to be, when a person of sound mind, memory, and discretion, unlawfully killed another by any means with malice aforethought, either expressed or implied; whilst manslaughter was the unlawfully killing another without malice aforethought, either expressed or implied. They would observe, therefore, the difference between murder and manslaughter; in the first—murder—there must exist malice either expressed or implied; whilst the second—manslaughter—was devoid of that malice. The Coroner then went on to define malice. Malice, in its legal sense, denoted any unlawful act done intentionally without just cause or excuse—any wicked intention or mind constituted malice. Therefore all homicide was presumed to be malicious and amounting to murder, until the contrary appeared from circumstances of alluviation, exouse, or justification. To constitute, therefore, a case of justifiable homicide, it must be made to appear before them that the party committing tho homicide did so compulsorily in preservation of own life. constitute case of homicide into manslaughter only there must have bun something between the parties, immediately preceding the homicide, extenuating the act, such as, for instance, great provocation at the time. In investigating this case, therefore, shonld they find that the death had been caused by any person othe'r than tho deceased herself, they would have to see whether there were anything in the evidence produced before them which would justify the homicide or reduce it to manslaughter. He had before told them that one of the requisites iu case of murder was that the party committing the homicide sbonld be of sound mind, memory, and discretiou. But they must understand that they had nothing to do with the state of mind of any person committing homicide, unless that person were the deceased; but they would thejfverdict of wilful murder or manslaughter according to the evidence, and the law as be had explained it to them, bore out the case, without any reference to the state of mind of the party whom they sltduld find had committed the homicide. The question of the state of mind of such party would be inquired into by another tribunal, should such question arise. Some little time was then taken up in viewing the body, after which the following witnesses were examined:— Louisa Esther Harvey, wife of Richard Sturges Harvey, son o deceased, Ann Harvey, said:—Deceased was the widow of Thomas Harvey, who was a publican. I reside at 7 Queen’s Terrace, Queen’s Road, Dalston, London. I came on Saturday week on a visit to deceased My husband did not come with me, but he is here now. He came last Tuesday. Between 8 and ou last Saturday evening, 1 was in the house with deceased; Mrs. Witt, and Mr. Shadrach Jacobs were also there. 1 was sitting on a chair in the backkitchen: we were all there. Whilst were in this backkitchen. deceased took ham from the table and said, “I’ll take this bam down the cellar now.” She was accustomed to sneak very loud, and she did so on that occasion. The back kitchen door opens into a sort of yard,which is at right angles with the hick door leading into the sitting-room. Opposite is a garden door about 15 yards from the back kitchen-door. In the dour in the garden there is a hole in whicha person’s finger has to be inserted raise the latch, and any one looking through that hole could see into the hack-kitchen. The back-kitchen door was open. We had one candle. On the right-hand side is the cellar door. At the end of the garden is an orchard, and door communicates with the garden and orchard. Mrs. Harvey was the tenant of tho orchard of which Mr. Joshua Woollard is landlord. Any person could pass through the orchard and court-yard to the back-kitchen door. I said that Mrs. Harvey was a very loud speaking woman, and on this occasion any person standing outside the garden door, if it were open, could have heard what she said; but not if the door was shut; and any person could see through the hole in the kitchen door. Thereis an open irou-grating lighting the cellar from the outside. You down steps from the back kitchen into the cellar. 1 was nursing my baby. When Mrs. Harvey said she would take the ham down the cellar, she got up, and Mrs. Witt said Shall I show you light Mrs. Harvey.” Mrs. Harvey said, Well, you may if you will Mrs. Witt:” and Mrs. Witt did so. There is a water tub near the wash-house door, and I saw a man rush from behind it, as soon Mrs. Harvey and Mrs. Witt had gone down the cellar. He rushed down the stairs immediately. When I saw the man at the kitchen door struck me directly it was Thomas Harvey, son of the deceased. I saw him distinctly. He was dressed in a light jacket and something light on his head. 1 thought it was straw hat. 1 have frequently seen him before, but not during my present stay. I heard voice exclaim ’• Oh, ve got you now;” and there was a fearful cry of Oh.” I said “Oh, that's Thomas,” and roshed from the back-kitchen, into the street, and called “Murder.” 1 had heard of the dispute, and of his having threatened and abused deceased. A few weeks since I iieard of bis having done so late a* night just they were going to bed, and I knew that the doors were kept locked in consequence. Have heard mother in-law mention the dispute, but not frequently. She never expressed to me any fear of him. When I heard the noise I rushed into the street, and called murder,” and said to several people whom I saw there, For God’s sake help, poor Mrs. Harvey is being murdered.” When I came back there were several persons in the house. Thomas Harvey was gone, and I never saw any more of him after that. I heard dreadfal screams, but no blows. The screams were woman’s, but 1 could not tell whether they were Mrs. Harvey’s or Mrs. Witt’s. I went down one or two of the cellar steps. Mrs. Witt was sitting on chair at the entrance of the back door, supported by several persons. She was fearfully wounded on the and face, but she was sensible. I did not speak to her. Jacobs was walking in the room. He was wounded on the bead. I understood that Mr*. Harvey was dead when I got down. I last visited Ditton a year ago: there were quarrels going on then, between Thomas Harvey and bis mother. There was family dispute respecting some land, Thomas’s premises, which belonged to Mrs. Harvey, and Thomas wished to obtain possession of it. i * Juryman: Thomas has taken possession of the land, and has occapied it for the last two or throe years. the Coroner : He is a married man, with family. Last year I saw him once, but we did not talk about this dispute. He was always friendly towards me. Ho has made use of threats towards husband. I have beard from him that Thomas has threatened to-shoot him. I did not notice anything in Thomas’s hand. Mrs. Harvey was ■ixtv-nine years of age. Mr. James Carter, snrgeon, of Cambridge, said: I was called in on Saturday night, between nine and ten o'clock. When I arrived Mrs. Harvey was dead- She had probably been dead a very abort time: ahe was lying upon the floor of the cellar in pool of blood. There was large wound upon the back ol the head, about five inches long; the shall was very mnob fractured, and a large portion of brain had escaped from the wound; the wound was indeed filled by nnmerona fragments of the skull and brain. There were also several smaller wounds of the scalp, caused apparently oome sharp instrument. There were also two other wounds, one upon the wrist about two inches long, and s .imilar one the back of the hand. The wound, could not possibly have Men caused the deceawd falling down stair, by lierself: nor could they have been self-inflicted. I have seen an Instrument used bricklayers, hammer on one side and sharp point the other: such an instrument wonld cause Injuries like those inflicted upon Mrs. Harvey; and it must have been used some person other than herself. I made a pott-morlem examination of the body thi. morning, and found the heart and lungs hea'tby; were organs of the abdomen; 'he stomach was quite healthy, containing some undigested food. I could detect no disease of any kind. The wounds were sufficient to cause almost instmt death; and there ifl no doubt whatever that Mrs. Harvey’s death was the result of them. Shadrach Jacobs, an aged man, was the next witness. He had a handkerchief over his bond, and appeared to be still suffering from his wounds. He said: lam a brother of the deceased. We wore all in the back kitchen, between eight and nine on Saturday evening There were myself, Mrs. Harvey, Mrs. Witt, and Mrs. Richard Harvey. 'Whilst we were sitting there Mrs. Unrvey took a bam from the table to take down the cellar. The door leading to the cellar is the right hand side of the room immediately on entering. Mrs. Witt followed Mrs Harvey with a light, and they went down the cellar, Mrs. Richard exclaimed Oh, there s Thomas.” At that time 1 was lighting another candle, and it did not occur to me whom she meant by Thomas, so I said, “‘Thomas’—what yon mean? what Thomas?” And she said, Thomas Harvey.” 1 did not see him, for he had got down the cellar. Immediately after, heard a man say, “Now I’ve got yon;” and there was a scream. The man's voice was that of Thomas Harvey. I only heard one scream, and did not hear any blows, or anyone fall. Mrs. Witt was then at the top of the stairs. I went down the cellar and saw Thomas beating his mother, who was jyiug flat the floor. There was a candle and I recognised Thomas perfectly. I did not see what he had in his hand, but I could see he was beating his mother's head. had hold of her head with one band, and was beating it with the other. I went to him, aud said dear, what are you about,’’ and I caught hold of bis arm, and tried to stay the blow. Thomas turned round and gave me heavy blow with some instrument on the head. It took all sense away, and I became immediately insensible. The instrument seemed to me like a large dob; I could not tell wbat it was. I fell directly. I afterwards tried to rise again, and be struck me again; the second blow rendered me perfectly insensible: after bit 1 managed to crawl into the coal cellar. On recovering consciousness I crawled upstairs, and saw Mrs. Witt sitting in a chair in the yard, apparently almost dead. Saw no more of Thomas Harvey. lam positive that the man I saw was he. Thomas Harvey was deceased’s son: he was a married man living in Fen Ditton, about half mile from deceased. Mrs. Harvey had an orchard adjoining the garden, which (the garden) is walled in. In the garden there is doorway lending from the orchard into the garden, and another from the garden into the yard the back of the house. In the doorway leading into the yard there is a hole through which yon put your finger to open the door, and that hole permits anyone’s seeing into the back kitchen. The orchard and yard doors were seldom locked. A person by crossing a field on the Horuingsea road could easily get into that orchard: it is only across one field and not a quarter of a mile. There have been disputes between Thomas Harvey and deceased about the late Mr. Harvey’s will. Mr. Harvey left some property to his wife, after which it was to be divided among the brothers, except Thomas, who had his part during his mother’s lifetime, ou account of his large family. These quarrels have been going on for fifteen years. Thomas wanted to have the piece of ground which he occupied neai his house, and his father (who has been dead three years) thought it would too much. His mother would have given up her life-interest in the land, but the brothers would not consent. He has often threatened to murder his mother, and not only her but two of his brothers, Richard and John. I have heard him use threats, but not for the last month or two. Heard him say on one occasion that he wished was in hell; and he said he wished she (his mother) was in hell deep as heaven’s high One night some weeks ago, when Mrs. Witt was gone London, he came the house and knocked, Mrs Harvey would not open the door, but said Who’s there?” He did not answer for some time, but they recognised his voice when at last in answer to her repeated query, he said Don’t you know ?” He then began to use very bad language and said he came on purpose to murder her. and he should have murdered all who were in the house if he could have got in. He had never before attempted to do his mother an injury, though he had repeatedly said he would. He never showed any of this violence before his father’s death to my knowledge. I think I have 1 heard that he did so once. John Peachey said: I have known Thomas Harvey ever since I was a little boy. lam 29. I live in front of Mrs. Harvey’s orchard. On Saturday night, a little past eight, I saw Thomas Harvey in that orchard. The orchard adjoins Mrs. Harvey’s garden. When I first saw him he was walking across towards his mother's house; and then he stopped against the wall a little while. I did not see anything in his hand. Afterwards saw him walk back again, the same way as he came: the next time he ran across in the same direction. Yesterday morning I went and looked at the place where he was standing and there was a good big place where the grass was shuffled away, as though a man bad been standing there for some time. There are some boards up, which prevented my seeing where he went afterwards. The place where he stood was abont 20 yards from the garden gate. Between a quarter of an hour and twenty minutes after, I saw him, I heard the cry of murder.” I went to the house. The cry proceeded from Mrs. Richard Harvey. I saw nothing of Thomas Harvey then. I was then informed that Mrs. Harvey had been murdered. I did not see her. I worked with Thomas Harvey two years ago last March, and his brother came and talked to tiro about the land. I heard him say then he'd murder his mother and them too, and I saw him hold a rod hook (an implement for catting osiers) up at his brother’s head. He said be would murder him and his brother Jobn too. He said. i'll cut both your b—— heads off,” and I thought he would have dpne. I hare not worked with him, nor had any conversation with him about the dispute since. He bad on light jacket and light pepper and salt cap. William Collier: heard the cry of murder” on Saturday night, and saw IVlrs. Harvey, jun., run out of the house. Jacobs also came and called murder'’ and said Come in Collier for God’s sake, here’s muider committed.” He was bleeding from the head then, and I a»ked him who did it and he said “Tom Harvey;” went into the bouse, Mrs. Witt was lying half way out of the back door and half in, and I went and picked her up. Mr. Jacobs then said, For God’s sake Collier go down the cellar;” but being alone 1 was afraid, I thought perhaps I might be murdered. To the best of my recollection Turner and George Mnggleton came in, and we got a light and went down the cellar. Before that it was all in darkness We then went down stairs close together. Mrs. Harvey was lying on the bricks in the cellar covered with blood; the floor was also covered with blood| Noticed cuts on the bead, hand, &c. She was not quite dead, but died in abont ten minutes. She never spoke. Had not seen Thomas Harvey for week. Hive frequently heard him, daring tbs last two vears, threaten to ' do for some of thym” and then to make away with himself. Half the people in the town have heard him make use of similar language He said it cpenly. Thomas Hancock aaid: I know Thomas Harvey. Have known him for about three and twenty years Lived within ten yards of him until this last three months. We often used to go out for walks together on a Sunday morning, and he has talked abont his mother. He has told me often that he would knock her b old brains out. He has said so often dur ug the last two years. He has said that he would for his brother Dick. Last week he and I were working lor Mr. Banyard, sheaf carting. I heard him say that he and his boy had had an afternoon grinding op his tools, to murder his mother with. He said he thought there was not a knife in Ditton sharper than he’d got his brick-liaramnr. He was a bricklayer He said he had been using one of the tools up at Mr. tV’oollard’s place, and the other one he'd kept, at home. It had not been used since he ground it up for the purpose. William Collier has talked to him and said he ought to consider his family as well as his property, and he has said the property. I’ll have her.” He said “He'd burn her up after he had murdered her. He’d burn her up before she got to hell.” He also said if he happened of his brother Dick, daylight or dark, he’d do for him. He also said “ These are the shoes I mean to go to hell with,” and he cocked his feet up. Mr. Richard Sturges Harvey, a respectable-looking man, said : lam a (ailor. lam executor of my late fa'her. My father left a piece of land to my mother for life; and Thomas has occupied it. It is a piece garden ground. After my mother's death, it was to be sold and the proceeds divided among the remainder of the family, not including Thomas. There are seven of us remaining. Thomas was excepted because be had his portion left to him by the will; and he has been wanting to take a piece from the portion left by my fa-her to my mother; and has taken forcible possession of it, and dared any one to torn him out. He supposed he had not got his share, or that he bad not got the portion that his lather promised. He always said that liis father promised him the whole piece; but it occurs tome that he never did, but only promised him the portion which was given to him. I can scarcely tell what was the cause of the quarrel, but I presume this to be a portion of the cause. lam not aware that there was any quarrel before. I believe the jealousy arose from ray father making will in favour of ray mother. I believe he entertained aii idea that father would die without a will, and leave him in entir,- possession of what little property there was. My wot her scut for me, and a will was made. He was angry with her and all of us for that. I can come to no other conclusion, for a better mother no man ever had. He baa threatened me personally. A few years ago 1 w-mt to his house and asked me what I meant to do. I said, 1 would do nothing; he said, Why not ?” I said, 44 Because you won’t reason with me.’ I promised, if be would send, to depute some one to come to arrangement, but we never could. He said. * If bad gun here I’d shoot you now.” I said, You are quite at liberty >o do so; I’ve nothing to defend myself with ; if yon like to leave my family and your family you can kill me, if you are so disposed. He made attempt <o do anything. had said he would do for the lot (meaning the whole family). I have not had any conversation with him since. It was not thought necessary on this occasion to cull any more evidence though there were plenty of witnesses ready to depose to the violent language made use of by the mur. derer, both recently and for long period, and also as to the condition of the murdered woman. The Coroner then addressed the jaiy. They would recollect that had explained to them the law regarding murder, roanalauvliter, and justifiable homicide, and their duly to inquire into the cause of the death of the pereon upon whose body they sat. A death waa either natural, or it ensued either by accident or violence. As to natural death, that was quite out of the question in this case, and then came the point was the death the result of accident or violence? If it was not the result of accident, it must have been that of violence; and if of violence, then that violence was attributable to either of the three pauses before-men'ioned, murder, manslaughter, or justifiable homicide. He again entered into an explanation of these points, and dwelt upon the subject of provocation. particularly enforced upon them the fact that it must be no slight provocation that would justify (he crime of homicide, or reduce it to that of manslaughter. In order to constitute manslaughter there must no premeditated malice; and the provocation, if such were pleaded, most be given immediately before the homicide, that time could be given for the person coinmittiug the attack to get cool collected. He then turned te (he bearings of the case under consideration, and remarked thai this had, according to the ■videnoe, been a pro-meditated affair for two years and upwards. Harvey was continually talking about It; for two years the man had been threatening to murder Ins mother and brothers. The evidence gave cause enough why they should believe he had cherished malice against the whole family. In other cases it was ditßcnlt to trace an assignable cause for offence of this kind, lor frequently no malice could proved ; the law, however, adjudged that the fact of killing implied malice. In this case, the police had very properly produo-d evidence to show there was malice, and the result was that long-cherished animosity on the part of Thomas Harvey had been proved, so that plea of provocation could be made in the present instance. The Coroner then went carefully through the evidence, commenting on the conduct of the murderer, his walking and subsequent running in the orchard, evidently showing that he had just made up his mind to the coiamision of the crime that he had long premeditated: then as to the threats made use of; and lastly as to the circumstances of the mnrder. The Jury atfer a brief consultation returned verdict of Wilful. Murder against Thomas Harvey. THE FUNERAL MRS. HARVEY. On Wednesday afternoon, at t>vo o’clock, the body of the late Mrs. Harvey was,interred in Ditton church-yard, in the same grave that contains the lemains of her late husband. The mourners consisted of the four sons of the deceased, with members of their families, and Mr. Shadrach Jacobs, who appeared with his head bound up, and who was evidently still suffering from his wounds: there wore also a succession of mourners in the train, making the number iu all about thirty.
|
Abt 1792 - 1861 (69 years)
[2] 
