THE DRYBREAD MYSTERY. DEPOSITION OF WITNESSES.

Tuapeka Times, Volume III, Issue 144, 10 November 1870, Page 4

THE DRYBREAD MYSTERY. DEPOSITION OF WITNESSES.

The information and complaint of James Darroll, taken this 18th day of October in the year of our Lord, 1870, before the undersigned, one of her Majesty's Justices of Peace in and for the said colony of New Zealand, who said that Kesiah Bolton, a married woman of Drybread in the province of Otago and colony of New Zealand, on or about the fifteenth day of October, 1870, at Drybread foresaid, unlawfully did disinter and dig up the dead body of a male child, not named, the child of one Ann King, then and there buried, against the peace of our Sovereign Lady the Queen, her crown and dignity. (Sworn at Matakanui, Clyde, before J. Gordon, Glassford, J.P,, Oct. 18, 1870.)

The examination of Ann Chapman, of Drybread ; Catherine Clare, of Drybread; and John Duncan Niven, of Blacks, taken on Thursday, the 20th of October, 1870, that the said Kesiah Bolton, on or about the 15th October, at Drybread, did unlawfully disinter and dig up the dead body of a male child, not named, the child of one Ann King, then and there buried, contrary to the statue,

The deponent, Ann Chapman, on her oath, saith as follows — I am a married woman living with another man who is supporting me, I know Kcsiah Bolton, and have known her about nine months. I am a neighbour of hers, and live about five minutes walk apart from her. I have not been living on good terms with

the prisoner, and have not been lately in her place. I recollect being called to her house on Saturday night last. I was sent for by Mr. Bolton, the prisoner's husband, who came for me. He said that his wife, Mrs. Bolton was very bad, that she had a child, and to come and do what I could for her. I went to the house in company of Mr. Bolton, and when I got there went straight to the prisoner's bedroom. Mr. Bolton said, " Here it is, Mrs. Chapman," showing me a baby which was lying on the floor. The baby was perfectly naked. I looked at it. I did not examine it. It was dead. I was satisfied that it was dead. The child appeared to be stretched out carelessly on the floor as if it had been thrown there. It was lying on its back. There was no covering on it, and it was lying on the bare floor. I went to see the prisoner, and asked her how she was, how she felt. She said she felt very bad, and that she was very bad when she had the child. I made no remark about the child to the prisoner, and the prisoner made no remark to me about the child. I remained in the house about two hours, during which time the child lay on the floor. I then left the house." While in the house I took up the child in my arms, and wrapped it in a towel. When I took up the child I satisfied myself that it was dead. It was cold and discoloured, It was a blackish colour. I then put the child in a box. Mr. Bolton was present then, and took away the box. I saw nothing more of the child. Mrs. Bolton, the prisoner, told me that she had been confined about an hour before I got there.

By the Bench — The prisoner was lyiug in bed when I remained there and when I entered the house, but she was dressed in her ordinary day attire. The child's appearance did not strike me as being singular. I have not seen many new born children.

Catherine Clare, on her oath, saith — I am a married woman, but I am not living with my husband. I am living with another man who is supporting me. I live close to the prisoner's house, about five minutes walk apart. Know the prisoner. She is the wife of Mr. Bolton. I occasionally go to the prisoner's house, but have not been there the last ten days. We are on friendly terms. I saw the prisoner on Saturday last, the 15th inst., about six o'clock in the evening. She was enquiring for another person. She appeared to be well, and had a white towel over her head as if she had a toothache. About three weeks before this she (the prisoner) told me that she was in the family way, but she did not present to me the appearance of a woman in the family way. I may have seen her about three or four times during that three weeks, but she never struck me as being in the family way; nor did she on the Saturday mentioned. The next time I saw her was the next day (Sunday) about 12 o'clock noon. I went to the prisoner's house, because the prisoner's husband sent a letter for me. When I entered the house I went straight through to the prisoner's bed room. As I passed through, the husband was at the door, and a young mau named Brickland was in the kitchen I think. The prisoner was in bed ; her night dress was on. I said to her that I was sorry that she was ill. She said that she had a baby the night previous about half-past ten. She also said that she was going down towards the Drybread township when she was taken ill opposite the Drybread Boarding House, and that she was ill all the way coming back to her own place, She told me that she fell when she got to the kitchen door, and that Bricklaud took her in the best way he could bo the bedroom, and she lay there on the floor while he went to the township for her hu&band. She was lying in a faint on tHe floor when her bus" band came. During the absence of

Brickland, she said the child was born, nnd when the husband came he found her lying on the floor in a faint with the baby lying on the floor in her petticoats. The husband then lifted her into bed. She told me that she had a miscarriage, and that the baby was born on the floor. She also told me that Tom, meaning her husband, took the child away at daylight, and buried it.

(Sworn at Blades, October 20, 1870. )

John Duncan Niven, being sworn, saith — I am a doctor of medicine, residing at Blacks, and am a duly qualified medical practitioner. I know the prisoner. I was recently called to attend her on the afternoon of the 16th inst, I saw her in her own house at Drybread, She was in bed. Before examining her, I had some conversation with her, I expressed regret at her illness, and she said that she had a miscarriage, and that everything was not right. She told me that the afterbirth had not come away. I proceeded to cxamino her, and was quite satisfied that she had not been confined. The previous witness, Mrs. Clare, was present at the time, and informed me that she had seen the child, and that she had not seen any appearance of the afterbirth. I then asked to see the child, On examining the body of the child, I found it to present the appearance of having been born some weeks previous ; and from the stage of decomposition in which it was, I indicated that it had been dead for some weeks. The child, I wish to add, appeared to have been full grown at its birth. I was proceeding to open the chest, in order to examine the lungs for the purpose of ascertaining if the child had lived after its birth, when my attention was arrested by tbe sight of a previous cut in the chest and throat. I passed the edge of the knife into the cut, and found that its progress was stopped by stitches. I informed the husband that the case was one that would require to be reported to the police immediately, and requested him to come with me to Blacks for that purpose, which he did. I wish also to add that I found that the child's heart had been cut into also, and that the internal wounds presented the appearance of having been made at a post mortem. I could tell that the prisoner had not been confined Avithin the term of three or four weeks. I examined her breasts after seeing the child, and the result was a cor/'oboration of my opinion. When I was shown the body, it was in a small square box. I think one of Rirnmel's perfumery boxes. It was shown to me by Bolton. The witness Catherine Clare was in the room when the body was shown to me, and she must have seen it. When the prisoner told me that the afterbirth had not come away, she said that there had been no discharge of any sort. By the Bench — The child was in the house when I asked to see it.

Catherine Clare recalled— On Sunday, the 16th inst., when I went to see the prisoner, after leaving her I went to see her husband, and I think I met him in the passage of the house. 1 told him to go and fetch the baby, that I would like to see it. He said yes, Vincent (Brickland) and he would go and bring it. Mr. Bolton brought the baby in in about a quarter of an hour or twenty minutes after leaving the house. I saw them through the bedroom window coming down a big hill called the Saddle. I saw the baby — the husband Bolton lifting it out of the box, and putting it into a tub of cold water, saying it had such a bad smell. Tbe husband commenced to wash the body, and I did not like the look of it. The head was black, and I ran away. The box was a small deal one, and looked as if it had been used for' scented soap or something of that sort.' The prisoner was remanded to Clyde, to be brought before the Court there on the 28th October, 1870. (Resident Magistrate's Court, Clyde, 28& October, 1870.; The deponent, Vincent John Brickland, on his oath, saith as follows — I am a miner living at Drybread. I recollect the 15th of this month. I was in company with the prisoner in her house on that evening. I was about an hour and a-half altogether in the house. This was from about halfpast six to about a quarter to eight o'clock. I then left the house, and ! went straight to the township for her i husband. I went because she was unwell. She said that she had pains j in her inside, and I said I had better go for Tom (her husband). -When I returned to the house I went straight into the kitchen, while he went into the wife's bedroom I remained in tbe kitchen a few minutes, when prisoner's husband called me to help him putting his wife on the bed. When I entered the bedroom her husband had prisoner in his arms, and I helped to put her on the bed. After rendering the assistance 1 left the room. I know a woman named Clare. I also know Mrs. Chapman. Mrs. Chapman came to the house before I left. I was in the kitchen when she arrived. The kitchen is a small room, and there is very little furniture in it. I did not see the body of a child in the house. The prisoner's husband did not mention to me anything about a child that night, and I left the house not knowing what had occurred. I next visited the house on the following mornino-. I went there for breakfast. I board there. Mrs. Clare came to the house after breakfast and went straight into

the bedroom. She shortly after called the husband of the accused into the bedroom, leaving me in the kitchen. Shortly afterwards prisoner's husband came out and asked me to go with him to the Saddle. I went with him. He said he wanted to go for a box. We came to an old prospecting hole at the Saddle. The husband got down into the hole, which was about seven or eight feet in depth. He removed about eighteen inches of dirt, dug up a box, and handed it to me. The box was something like a scented soap box, about 7 or 8 inches by 16 inches. I did not then know what was in it. When prisoner's husband got out of the hole I handed him the box, and he carried it home, and he took it into the bedroom. When Dr. Niven came to the house on the same evening, about five or six o'clock, prisoner's husband called me into the parlor, and Dr. Niven, who was there, said, " Do you see that, Vincent," calling my attention to the dead body of a child lying in a box, the same which I had on that morning seen the prisoner's husband dig up. When Dr. Niven addressed me he pointed to some stitches in the chest of the body. Dr. Niven then gave me charge of the body, saying, " You will have to take charge of this, Vincent, while Tom, the prisoner's husband, goes to the camp with me." I asked Dr. Niven to accompany me to the garden, about 150 yards from the house, and I put the box with the dead body of the child in it into a hole in the garden, laying a bag over the box. About five or six hours after burying the body, Constable Carrol came to the house, and I showed him where I had put the body. I then took the box out of the hole, in the presence of the constable, and gave it to him. The hole or the box did not seem disturbed since I had placed the box there. The constable took possession of the box. The prospecting hole, from which prisoner's husband took the box, is about half a mile from his house.

By prisoner's counsel. — There are numerous prospecting holes in the Saddle referred to. I have known the accused some considerable time, and have known her to be subject, to a deal of excitemeLt. I did not know anything of a box being down in the prospecting bole until prisoner's husband showed it to me.

Alexander Truling Thomson, on his oath, saith — I am a legally qualified medical practioner residing at Clyde. I remember attending professionally an inquest at Drybread on the 24th August last.^ I then made a post mortem examination on the body of the child of one Ann King of Drybread. I recollect being at Drybread on the 17th of this month. I was shown by Constable Carrol the body of an infant child, which was lying in a small room in Hinchcliffe's Hotel. I examined the body, and found that it was the body of a male child which was then in a rapid state of decomposition. The chest was partially opened. The upper part was, however^ observed to be stitched. The abdomen was also partially open, the lower part of which was found stitched. In observing the stitches on the abdomen and chest, it struck me at once as being the same body that I had operated upon on the 24th of August at Drybread. It was the same body. On the same evening I was asked by Constable Carrol to make an examination of the prisoner. He told me his reason for asking me, and I examined her to find out whether she had been lately delivered of a child. I made a oareful examination of her, and the result was that she had not been delivered of a child within a week. T had some conversation with the prisoner. She told me she had had a miscarriage two days before, meaning the Saturday, but it is my opinion she had not a miscarriage. She also told me tbat a Mrs. Walker attended her during her labour.

Thomas Tulloeh, on his oath, saith — I am a carpenter living at Drybread. I recollect being called upon to contract for the interment of the dead child of one Ann King of Drybread. I made the coffin. I was aware that an inquest had been held upon the body. I assisted to put the body in the coffin before the inquest that was at the mother's house. Afterwards it was taken up to Hinchcliffe's Hotel at Drybread, in order to be present at the inquest. I was called upon to screw the coffin down at Hinchcliff's after the inquest was over. I believe it contained the same body as 1 had seen in it in the morning. Constable Carrol was present when I screwed the coffin down. The face •of tjie body was exposed to view. I identified the body by the face. The body was taken to the. cemetery after I screwed the coffin down. I accompanied the body there. There was a grave prepared for its reception. It was about three feet in depth. I assisted to put the coffin in the grave. I refer to a memorandum which I made at the time of the burial, and I find that the burial took place on tbe 24th of August last. I assisted in filling in the grave. It was properly filled up, but it was not nicely finished off at the top, the earth was left above the surface of the grave. This was done at the cemetery of Drybread. I recollect visiting tbe cemetery on the 17th of October in company with Constable Carrol, and I showed him the grave where I had buried Ann King's child. I assisted to open the grave again. I found the coffin when I opened the

grave. Before I came to the coffin. I touched a splinter of wood with my spade. When all the earth was removed, and I came to the coffin..! found that two-thirds of the lid o£she coffin was broken up. I then removed the coffin from the grave. I examined the coffin and its contents, and I found under, that the lining of the coffin was mostly complete, and a little pillow was there. Some carpenters shavings was between the lining and the bottom of the coffin, but there was no corpse in it. I am satisfied, from the examination made, that there was nothing in the grave but the coffin. I was satisfied that the body had been removed from the coffin, and then from the grave. I identified the coffin as the same I had made and placed there. It was the same size and make. By prisoner's counsel.— The coffin I made for Mr. King's child was a very strong one, and would require a great deal of force to open it. It took me about half-an-hour to re-open the grave. I was assisted by Constable Carrol. When the coffin was found there were no clothes in it, although the child was buried with clothes. The cemetery is out of the track of miners. It is off the high road. The broken pieces of the coffin were found in the grave. James Carrol, examined, on oath saith — I am a mounted constable stationed at Blacks. I went to the house of the prisoner's husband, Thomas Bolton, at Drybread, on the morning of the 17th inst., to make enquiry touching the disinterment of a dead body. Bolton, who was with me, went into the house and sent out the witness Brickland, who at once took me to a garden, about eighty yards from Bolton's house, and be there pointed out a spot where a box with the dead body of a child was concealed. He told me that he and Dr. Nevin had placed it there the night previous. I asked him before removing it to look at the spot and examine it before disturbing the earth. He did so, and said that it was undisturbed. He then removed a piece of iron like a bucket, and scraped the clay off the top until lie came to a sugar bag, which he removed, and underneath Tt there was a box which he removed with it. I endeavoured to open the box, bub could not do so. He then opened it for me, and in the box I saw the body of a child. 1 took possession then of the box and body from Brickland, and went from there to the cemetery, and from thence to Hinchcliff's Hotel at Drybread in company with Brickland. I locked the body up in a room at Hinchcliffs, first marking the box. I kept the key in my possession. I afterwards came to Clyde and reported the circumstaAySs. After returning from Clyde, I sailed myself by another visit that the body was all right, and about 7 o'clock in the evening of the 17th inst. I showed the body to Dr. Thomson, and was present when he examined it. On the same evening I had previously visited the Drybread cemetery in company of the witness Tulloeh. I removed the coffin to Drybread, and subsequently put the remains in it, and buried it again in the same place with the small box that the witness Brickland gave me. Prisoner reserved her defence. The prisoner was committed for trial to the Supreme Court, Dunedin.

An old Scotch nurse once came to die, who was the sole depositary of a mysterious secret affecting the descent of property, and touching the good name of the house in which she had lived. A priest urged her to confess, and reminded her of providing for the safety of her soul. " The safety of my soul !" she siid, "and would you put the honour of an old»Scottish family in competition with the soul of a poor creature like me ?" Mr.Froudein " Fraser's Magazine."