From the Dover Telegraph and Cinque Ports General
Advertiser, Saturday 22 June, 1844. Price 5d.
CORONER'S INQUEST
Considerable excitement prevailed in the town on Wednesday morning,
in consequence of a report that a woman named Mary, alias Julia
McCarthy, had been murdered at the "Horse and Jockey" public-house by a
man named Cockering, with whom she cohabited.
At 4 o'clock in the afternoon an inquest was held on the body, at the
"Rose Inn," Biggin-street, before G. T. Thompson, Esq., coroner for the
borough, and the following jury:- Messrs. T. Robinson, (foreman,) R. W.
Bennett, W. Cotterell, J. Debenham, J. Proctor, W. Worger, G. Killick,
W. Metcalf, R. Page, W. Thistleton, T. H. Eastes, J. Bates, A. Bottle,
G. B. Batcheller, and J. B. Batchellor.
Previous to swearing the jury Mr. Bottle claimed exemption, as being
a member of the Royal Veterinary College, but the Coroner replied that
that was not an exemption from serving on a Coroner's Jury.
The jury were then sworn, and proceeded to the "Horse and Jockey," in
New-street, to view the body, and on their return the following evidence
was adduced in the presence of the prisoner, who was in custody of
Superintendent Corrall:-
Ann Goodwin, hawker of needles &c. wife of Richard Goodwin, labourer,
being sworn, deposed, I am now living at the "Horse and Jockey." I
arrived in Dover on Saturday last. I have before seen the deceased at
the Windmill lodging house, at Dartford, about eight weeks since; the
prisoner was there with her. I do not know what there business was, but
the woman told me her husband was a coachsmith. Deceased and the man
arrived in Dover on Sunday about 12 o'clock, and put up at the "Horse
and Jockey," where they took dinner, and appeared very comfortable;
there they had some beer together and went to bed. I slept in the same
room as them. On Monday morning they got up, and after breakfast went
out together. They came back at about two o'clock, when both appeared
worse for liquor. Deceased held her apron up to her mouth. Prisoner said
she had taken too much to drink, and had been abusing him. Deceased
said, "No, I have not been abusing him; he has had work at Deal for a
fortnight, and I wanted him with the money to buy me a pair of boots and
some meat, and not so much beer." He then struck her with his fists on
each side of the head, upon which she made use of bad language towards
him. He then kicker her two or three times on the thighs as she sat on
the form in the kitchen. She then got up from the seat and went across
to the kitchen. Prisoner followed her, and demanded the money she had of
his. She refused to give it up, and bad language was used on both sides.
He tried to get the money from her, and a struggle ensued, and as I was
leaving the kitchen she had the fender up to strike him, but I did not
see her strike him. He had hold of her, and knocked her head several
times on the dresser. I then went out, and on my return saw deceased
with the kitchen fender in her hands, as if to strike him. prisoner then
went out into the yard and fell asleep. Deceased then had some beer, and
afterwards asked me to go out with her to buy a piece of mutton to make
some broth, saying she thought it would do both good. On our return we
met Cockering, and bad language ensued. He took the money from her, but
no blows were then struck. I made some broth for them, and then went
out. On my return, about 5 o'clock, they had taken their suppers, when
deceased complained of being ill from drink, and went to bed. I do not
know if he want to bed with her. I went to bed in the same room about 10
o'clock, and saw her in bed with him. Nothing passed during the night,
but on Tuesday morning, about 7 o'clock, there were some words; he was
scolding her, but did not strike her. He got up, leaving her in bed, as
she had complained to him several times that she was to ill to get up. I
then dressed, and went down stairs. On going back to the room, about 10
o'clock, I saw he in bed. While occupied in sewing, the deceased got up,
and reached partly out of bed, complaining of her head; and while in
that attitude she fell forward, as if in a fit. I going to her I found
her senseless. I lifted her into bed, and went down to get some water.
Cockering was in the kitchen, and I asked him to go up to her, but he
refused, saying he would not go if it was her last gasp. I went back,
and as I was unwell laid down on the bed. During that time Cockering
came up several times, and insisted on the deceased getting up, but she
said she was too unwell. About 2 o'clock he came up again, and asked if
she was going to lie in bed all day. She said she meant to get up. He
stood at the side of the bed a long time scolding her. She kept saying
she was going to g up, but did not do so. He threatened to drag her out
of bed, and at length took up a stick, which was lying in the room, and
struck her twice across the bed. I said to him, "Leave her alone; she is
not well enough to get up." He told me to mind my own business, and not
interfere. [Prisoner: You are on your oath, mind.] She then got up,
Cockering remained in the room. She was a long time dressing, and
appeared to be ill. When dressed she sat on the side of the bed, and
Cockering then took hold of her arms and forced her out of the room.
There were no blows struck. I remained in bed till about 3 or 4 o'clock,
and then went down into the kitchen, where both were sitting quietly on
each side of the fire. She took a cup of coffee, which appeared to do
her good. I then went out to sell my goods, and on my return, between 8
or 9, a woman in the kitchen told me the poor creature was dying. I went
up to the bed-room and found deceased in bed in a senseless state. I
remained up with her the whole of the night, and till she died, which
was about 5 o'clock. I put mustard poultices on her feet. A surgeon was
called to her about 9 o'clock. He came several times, and was very
attentive. He said she was in a dying state. [The stick was here
produced.] When the surgeon came he said the woman could not live, and
desired Cockering to be taken into custody, and Tyman, the landlord,
took him to the station-house.
In reply to a question by Mr. Bennett, witness explained that during
the scuffle to get the money Cockering took the woman by the throat, and
knocked her head on the table.
By Mr. Robinson: When they went to bed on Sunday night they were not
sober, but appeared very comfortable and jocular together. She did not
complain of her head after the blows.
By the prisoner: I was in the kitchen when you struck her head on the
dresser, but I did not see her strike you with the fender.
George Edward Rutley, surgeon, of Dover, being sworn, deposed - Last
evening, about 9 o'clock, prisoner called at my house, requesting me to
see his wife. I made enquiries as to the nature of her illness, but his
replies were not satisfactory. He only said she was cold. I then went to
the "Horse and Jockey," and saw the woman. She was in bed, quite
insensible, and appeared in very dangerous state. The brain was
evidently affected from some cause. Some people in the house told me
that she had been severely thrashed. There was a discolouration of the
right eyelid, and marks, apparently of finger nails, on the left ear,
and some slight scratches about the throat. Thinking there was every
probability that the woman would die, I directed the landlord to take
the man (Cockering) to the police station, and give him in charge. I
gave her some medicine, and saw her again about half-past 10 o'clock.
She did not appear to have rallied. I ordered some further remedies to
be applied, and saw her again about 12, when she appeared somewhat
rallied. I took some blood from her arm, and gave directions as to her
treatment during the night. I have not seen her since, and I am not
prepared to state the cause of death, further than that to the best of
my belief it was from pressure to the brain. I did not see any fractures
on the head.
The Coroner observed - After this evidence it is necessary to adjourn
for the purpose of having a post mortem examination of the body, and the
inquest was adjourned till the following morning at 10 o'clock.
ADJOURNED INQUEST
At 10 o'clock on Thursday morning, the jury having reassembled, the
examination of Mr. Rutley was continued:-
Last night, from my opinion the death was caused by pressure on the
brain, I opened the head of deceased, and found that opinion fully
verified by the effusion of a large quantity of blood over the surface
of the brain. There were no external marks of bruises on the scalp, and
no other contusions beyond what I stated yesterday. The effusion of
blood arose from the rupture of a blood vessel on the brain, which might
arise from natural causes. Had it arisen from blows, or violence, it is
most likely there would have been injury to the integuments, but that is
not absolutely necessary. From what I have ascertained I judge the
rupture of the vessel to have taken place sometime previous to her
death, and that the blood gradually effused upon the brain until it
caused death.
By the Foreman: There were other medical gentlemen present with me
when I made the post mortem examination.
By Mr. Bennett: Passion or excitement would produce rupture of a
vessel on the brain.
By the Coroner: Intemperance alone, on the part of the deceased,
might have produced the rupture of the blood vessel.
By Mr. Bottle: It is possible that if deceased had been kept quiet
she might have recovered, but it is improbable she would have done so.
Forcing her out of bed, ad subjecting her to exertion in the state she
was in, would be highly prejudicial to the disease.
The Coroner then inquired of the jury if, after the unsatisfactory
evidence of the surgeon, as connecting the prisoner with the cause of
the woman's death, they would proceed further with the examination of
the witness?
The foreman said he considered it necessary to have further evidence
of the violence used by the prisoner.
The Coroner replied, that if any one of the jury required further
evidence, it was his duty to proceed with the case, and the following
witnesses were called:-
Elizabeth Jackson, wife of W. Jackson, labourer, deposed: I have been
in Dover nine weeks, living at the "Horse and Jockey." I first saw
deceased on Sunday, when she came to the house with Cockering. They
appeared very comfortable together. Deceased was worse for liquor on
that day. I saw them again on Monday morning, about ten o'clock, when
they went out together to buy a pair of boots. At that time deceased was
sober, and both appeared on good terms. They both returned about one
o'clock; deceased was holding her shawl to her mouth, which was
bleeding. She said prisoner had been ill-using her for asking him to buy
some meat. He said he had not, and that he had given her some drink, and
she had been abusing him in the street. She did not then appear the
worse for drink. She said she wanted something to eat, as she had not
had a good mean for three months. Abusive language took place, when
Cockering kicked her twice, and struck her twice with his fist on the
head with violence; one blow blacked her eye. He sat down, and deceased
crossed the kitchen abusing him, on which he went to her, and asked her
for his money. She refused to give it up, and kicked at him. He
endeavoured to get the money out of her pocket, but did not see him get
it. She kicked at him, when he forced her back over the table, took her
by the throat with both hands, and beat her head with violence three or
four times on the table. I then went out to call the landlord, as I
thought the man would kill her. They were both in a great passion, and
deceased was more abusing than Cockering. I returned immediately with
the bar-man, and found them both sitting down quietly together. Deceased
did not complain of her head being hurt, but said her thigh was very
painful. Cockering fell asleep on the table, and slept about an hour,
during which time deceased drank two pints of beer, which appeared to
affect her. When prisoner awake he did not say anything to her, and went
into the yard. Deceased and another woman went out, and returned in
about 20 minutes with some meat, which the woman cooked, and both had
their supper very comfortably together. She appeared much the worse for
liquor when she returned with the meat. I did not see any drunk while at
supper, and they both went to bed shortly afterwards. I did not hear her
complain of her head, nor did I see her fall down on that day. I did not
see deceased again till Tuesday afternoon, when I went up stairs to her
room, as I heard that Cockering had been ill using her. On entering I
saw deceased sitting up in bed, trying to get her clothes on. Cockering
was at the foot of the bed, with a stick in his hand, but I did not see
him ill use her. I assisted her to dress, as she appeared very unwell.
She did not complain of anything in particular being the matter. When I
had dressed her, in which Cockering assisted, I left the room. Deceased
was then sitting on the bed-side and Cockering was standing by her. I
did not hear any harsh language used by Cockering, who said her illness
was the effect of drink, as she was always unwell after it. I heard no
scuffling on the stairs, and I saw them soon afterwards having a pint of
beer together. She drank no more to my knowledge than part of that pint
during the day. She appeared very unwell, but did not complain. About
dusk she became very sick, and would have fallen from the seat if she
had not been caught by a man who was present. I went to her, and the man
of the house carried her upstairs. She was unable to walk, and appeared
to have lost the use of her limbs. She did not speak; and on being put
in bed she closed her eyes, and appeared to be insensible. Cockering
came up soon after, and then went for a surgeon, who came directly. I
then left her, and did not see her till about a quarter of an hour
before she died, on Wednesday morning, quarter to 5 o'clock.
By the Foreman: When the blows were struck deceased did not stagger
or fall. She appeared a very delicate woman.
John Wayling - I am a carpenter and joiner by trade, but do not now
follow it, and roam the country for a living. I arrived at Dover on
Monday, and went to the "Horse and Jockey" about 10 o'clock at night. I
did not see deceased or the prisoner that night. I slept in the same
room, and saw them in bed together in the morning. When I got up
Cockering had gone down stairs, but the woman remained in bed. In the
afternoon I went up stairs to lie down. In about half an hour Cockering
came up, and several times told the woman to get up. She said she was
not able to get up. He called her a drunken -----, and then too a stick,
with which he struck twice across the bed, but I cannot say whether he
hit deceased or not. At the time the blows were struck deceased cried
out "Oh don't." In about a quarter of an hour she got up in bed, and
with difficulty tried to put her clothes on. When deceased she laid down
on another bed, from which Cockering pulled her off by the arm or waist,
and pushed her out of the room with some force, but I did not see any
blows struck. He abused her, and said it was only because she had been
drinking, and pushed her out of the room. I did not think much of the
occurrence at the time, as I supposed the woman was only suffering from
drink. When I went down into the kitchen in the afternoon deceased came
in and sat on the form. Sometime after she fell forward with her head on
the form. She did not fall heavily, and put something under her head,
and laid down on the form. After a little while she sat up, and I then
left the house. On my return, about 11 o'clock, I saw deceased in bed,
attended by some women, who said she was dying.
Thomas Johnson, shoemaker, deposed - I am at present roaming about
the country, and came to Dover on Friday week, and am living at the
"Horse and Jockey." I saw Cockering and deceased come into the house
about 1 o'clock on Sunday. They appeared comfortable together, and had
some beer between them. The woman was not sober, and both seemed
something the worse for drink. They came down stairs about 9 o'clock on
Monday morning .when they were joking together, and had a pint of beer
between them with breakfast, after which they left the house together.
They came back about 1 o'clock. She had her apron to her mouth, and her
lip was bleeding, and Cockering said to me "There's a pretty woman for
you; after I have taken her out and given her plenty to drink, then she
must abuse me in the street." She replied, "No I did not abuse you," and
then began using very foul language, whereupon prisoner struck her with
his open hand on the side of the head. She continued her abuse, and he
struck her two more blows, as hard as he could, with his hand; but I did
not see if his hand was open or not. Deceased still abused him, and he
kicked her on the thigh. She then went over the other side of the
kitchen, when he kicked her again. She said she would take care he
should not kick her again. He replied "then give me the money you have
got belonging to me," which she refused to do, and prisoner again struck
deceased a violent blow on the side of the head. She still refused to
give him the money, when a scuffle took place between them, and I left
the room. The woman was struck when she came into the room, and was in a
great passion during the scuffle. I returned in about three minutes, and
then saw Cockering sitting on one side of the kitchen and deceased on
the other. Cockering laid his head on the table and slept for about an
hour, during which time she had 2 pints of beer, but she gave some to
those present. I think she drank about two glasses. About 2 o'clock on
Tuesday afternoon, hearing a scuffle in the bed room, I went up and saw
Cockering standing at the foot of the bed with a stick in his hand, but
I did not see him use it. My child was on one of the beds, and I laid
down beside it, during which time Cockering several times told her to
get up, but she said she was to ill and unable to do so. Some time after
she did get up and with assistance dressed herself. She then sat down on
the side of the bed. Cockering asked her what she was sitting there for,
and told her to go down stairs. She said she could not, and he took her
by the shoulders and led her towards the door, when he gave her a slight
kick, but not one of any consequence. They went down stairs quietly
together. I remained on the bed to get the child asleep, and then went
down stairs and saw them both in the wash-house. They remained there
about half an hour and then went into the bar, when Cockering went out
into the town leaving the woman in the house. She had a cup of coffee,
and about half an hour afterwards she was sick and would have fallen if
a man had not caught her. One of the women bathed her head with some
water, but as she did not recover, and was senseless, she was, by the
direction of Tyman, carried up stairs and put to bed. I slept in the
same room, and my wife and another woman remained with deceased till her
death.
Ann Goodwill recalled: I believe, from a conversation I had with
deceased on Monday, that her age was about 34. When I went out with
deceased to buy the mutton we had we had only one pint of beet between
us.
The prisoner Cockering, after being duly cautioned by the Coroner,
was asked if he had any statement to make, when he said - "I was very
partial to the woman, and did not intend her any harm, and don't think I
did so."
The Coroner then summed up the evidence at great length, and said
that there was nothing to proved which would constitute the crime of
wilful murder. The case was one of great difficulty; and the evidence of
Mr. Rutley, the surgeon, was of the least importance as connecting the
cause of death with the prisoner, of which there was great doubt, but
that question must be left to the consideration of the Jury.
The jury were then left in charge of Superintendent Correll, and
after a deliberation of an hour and a half returned the following
verdict:-
"That the deceased, Mary, alias Julia McCarthy, died from rupture of
a blood vessel of the brain; and that her death was accelerated by the
violence and ill treatment she received at the hands of John Cockering.
The Coroner, on receiving the verdict, said he had very great doubts
if it was not tantamount to one of Manslaughter; but as it was a matter
of great importance relative to the prisoner, he should wish to give
further consideration, and as it would be necessary to draw up a special
caption, he should adjourn the inquest till 8 o'clock.
At the above hour the Coroner announced to the Jury that he had
deeply considered the matter, in conjunction with Messrs. Ledger and
Kennett, by whom his opinion had been strengthened, that the verdict
returned was in effect one on Manslaughter. He had therefore prepared a
special caption, which being read was, after some comments thereon,
signed by the jury.
The prisoner was then brought into the room, and fully committed to
Maidstone Gaol to take his trial, at the ensuing assizes, on the charge
of "Manslaughter." The investigation lasted nearly 11 hours.
Yesterday the deceased was interred in St. Martin's churchyard in
this town, and the prisoner was conveyed, in charge of the police to
Maidstone.
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