AN INTERESTING TRIAL

This is the story of an extraordinary trial that took place in Ireland just before the turn of the 20th Century and was revealed to me through the records of a provincial newspaper, printed in 1899. I think for many of my readers this will be their first introduction to the story..

The case in question began in the northern province of Ireland and is being reported here for the first time since its original publication, over one hundred and eighteen years ago. It was at a time of political upheaval and much talk about ‘Home Rule’, supporters and opponents of which marched regularly through the streets. It is my intention that the story of this trial is told exactly the way it happened and the manner it was reported. The report of the trial states the evidence that was given at the time, and I am writing it down exactly according to what was deposed at the trial.

In the criminal court it was said that Joan O’Rourke, wife of Andy O’Rourke, had been murdered, but the only question left to answer was, “How did Joan come by her death?” From the evidence of the coroner’s inquest on the body, and from the depositions made by Mary O’Rourke, John Croke and his wife, Agnes, it appeared that Joan O’Rourke had committed suicide. Witnesses stated that they had found the unfortunate woman lying dead in her bed, with the knife sticking in the floor, and her throat cut from ear to ear. They also stated that the night before they found her body Joan had went to bed with her child, and her husband was not in the house. They swore that no other person came into the house at any time after Joan had gone to bed. The witnesses said that the truth of their statements lay in the fact that they had been lying in the outer room, and they would have undoubtedly seen or heard any strangers who might have tried to enter the house.

With this evidence established in the court, the jury finally submitted their verdict that in their opinion Joan O’Rourke had indeed committed suicide. This verdict, however, came under some pressure afterwards, when rumour arose within the neighbourhood that suicide was not the cause of Joan’s death. Further investigation and discovery of some diverse circumstances began to suggest that Joan did not, nor, according to those circumstances, could she possibly have murdered herself. The jury, whose verdict had not yet been made official by the coroner’s office, was summoned again and requested that the coroner’s office exhume the body. The request to remove the body from the grave, in which she had already been buried, was granted. Thus, almost thirty days after she had died, Joan’s corpse was taken up in the presence of the jury members, and a great number of other witnesses, and the sight that greeted them caused the jury to change their verdict.

Those persons who had been brought before the court to be tried were all acquitted. But, there was now so much the evidence, against the previous verdict, that the trial Judge was of the opinion that an appeal should be made, rather than allow such a gruesome murder to go unpunished by the law.  As a result the four most likely suspects were brought to trial on an appeal, which was brought by the young child, against his father, grandmother, and aunt, and her husband John Croke. The evidence that was now brought against them was so strange, that one would need to read through it very carefully to ensure a good understanding of it. The paper recorded the evidence as follows –

At the subsequent trial the prosecution called forward a person of unimpeachable character to give evidence. The Parish Priest of the town where the act was committed was deposed and began to speak. He confirmed that the body, which had been taken up out of the grave, had lain there for thirty days after the woman’s death. The priest stated that the corpse was laid out on the grass in her cheap pine coffin, and the four defendants in the dock were also present at the exhumation. Each of the defendants where then requested to place a hand upon the Joan’s long dead body. Agnes Croke, the priest said, immediately fell upon her knees, and she prayed aloud to God that he would do something to show that she was innocent of doing any harm to Joan. She mumbled out some other words in her grief, but the priest was unsure about what she said.

None of those who were standing trial refused to touch Joan’s dead body. But, after they had done this, the dead woman’s brow which, beforehand had been a dark bluish grey in colour, like that of carrion, began to have a dew or gentle sweat come out upon it. This perspiration now began to increase so much that the sweat began to run down in droplets over the face. Almost like magic the brow began to turn, and it quickly changed to a more lively and fresh colour. Unbelievably, as we watched, the dead woman opened one of her eyes and shut it again. This action of opening the eye and then closing it was carried out by the corpse three times. In addition to this, the dead woman thrust out her marriage finger three times, and swiftly pulled it in again, and, as she did so, drops of blood dripped from the finger down onto the grass,” explained the priest.

The Judge who was hearing the case, not surprisingly, had some doubts about the evidence that was being given and he asked the Parish Priest, “Who else saw these things besides yourself?”

The priest felt that his veracity was being questioned and was quite annoyed by the question that had been posed. But, he chose not to react angrily and simply answered, “Your Honour, I could not swear to what others may have seen or not. But, your Honour, I firmly believe that the entire company saw these things for themselves. In fact, if any of my testimony had been considered to be in doubt, some proof of that doubt would have been presented and many would have spoke out against this statement.

As he stood in the witness stand, the priest was able to observe that many of those listening to him were showing some admiration for him, and he was encouraged to speak further. “Your Honour,” he began, “I am Priest of the parish, and I have known all the parties involved for a very long time. I have never had any occasion to be displeased with any of them, nor have I ever had much to do with any of them, or they with me, outside of my pastoral duties as a minister of the Church. The things that happened amazed me and filled my mind with wonder. However, the only interest that I have in these matters is to do what I have been asked to do and that is to testify to the truth. This, I assure you, I have done.”

This witness was aged about seventy years and highly respected in the district. When he spoke his testimony he did so in a clear voice, slowly and elegantly, which won the admiration of all who heard him. Clearing his throat he again began to speak to the Judge in the case, saying, “May I point out, at this time, your Honour, that my brother priest, who is present in the court, is the minister of the parish adjacent to my own, and I am assured that he saw everything to which I have testified.”

This other priest, who was just a little younger than the first, was invited into the witness box, where he was sworn in and invited to give his evidence. His testimony supported every point that had been previously made. He confirmed the sweating of the brow, the changing of its colour, the mystical opening of the eye, and the three times that the corpse’s finger thrust itself out, and drew in again. The only area in which he differed from the first witness was in declaring that he had, himself, dipped his finger into the blood which had exuded from the dead body. He said that he had examined it and was certain in his own mind that it was blood.

I can understand the difficulty of believing such testimony. Modern ideas on the paranormal often leave us doubting our own eyes and senses. But, there were others who had observed these things and agreed with the testimony given by the priests. There is no reason to doubt the testimony of the clerics, for why would they be persuaded to lie about such things. At the same time, allow me to assure you that the reports from the trial have been recorded here accurately. Evidence was also given against the prisoners in the dock, namely, the grandmother of the plaintiff, and against Croke and his wife, Agnes. It was stated that all four confessed that they had lain in the next room to the dead person that entire night, and that no other person had entered the house until they found her dead the next morning. The only conclusion to be drawn, therefore, was that if this woman did not murder herself, then they must be the murderers.

To prove such a charge, however, further evidence was needed and to this end the medical examiner was called forward. Looking at his notes on the examination he had made of the crime scene and the body of the dead woman. Then, point by point he explained his findings to the court. Firstly, he described the scene that he had found when he arrived at the house, and told the jury, “I found the dead woman lying in her bed, in a quite composed way. The bed clothes and other things in the room had not been disturbed in any way, and her child lay by her side in the bed. Immediately, I could see that the deceased woman’s throat was cut from ear to ear, and her neck was broken. It is completely impossible for the deceased person to first cut her throat, and then break her own neck in the bed; or vice-versa.

The examiner continued to explain that he had found no blood in the bed, except for a small spot of blood on the pillow where she had laid her head. “But, there was no evidence of major blood loss on the bed, which there should have been if the death had occurred in the place that she was found. On further investigation, however, we found a stream of blood on the floor of the bedroom, which ran along the wooden floorboards until it found obstructions that caused it to spread in pools. There was, at the same time, another stream of blood found on the floor at the bed’s feet. This stream had caused caused small ponds of blood to form, but there was no sign of both blood streams being connected. This suggests that the woman bled severely in two places. Furthermore, when I turned up the mattress of the bed, I found clots of congealed blood in the underneath of the straw-filled mattress.

The court was informed that the blood-stained knife was found that morning after the murder, sticking in the wooden floor a good distance from the bed. “The point of the knife, as it stuck in the floor was pointing towards the bed, while the handle pointed away from the bed,” he explained. “On the knife itself I discovered the print of the thumb and four fingers of the left hand.

At this point the judge interrupted the testimony of the Examiner and asked him, “But, how can you know the print of a left hand from the print of a right hand in such a case as this?

Your Honour,” he began to reply, “it is hard to describe, but easier to demonstrate. If it would please your Honour, could you put your clerk’s left hand upon your left hand. You will see that it is impossible to place your right hand in the same posture.

The Judge did as he was asked and was satisfied by the demonstration. The defendants, however, were given an opportunity to put forward a defence against all these claims. But, they decided to maintain their silence and gave no evidence at any stage of the trial. The Jury, therefore, was directed to retire and deliberate their verdict. It took them only an hour to return to the court and announce their findings. John Croke was acquitted of all charges, but the other three defendants were found guilty as charged. The judge turned to the three guilty persons and asked if they had anything to say about why judgement should not be produced. Their reply was simply, “I have nothing to say except that I am not guilty. I did not do this.

Judgement was passed upon all three. The grandmother and the husband were executed by hanging, while the aunt was spared execution because she was pregnant. None of them confessed anything before their execution and the aunt never spoke as to any possible motivation for the murder. In fact, the aunt never spoke about the incident ever again. She moved away from the district with her husband, where she died some fifteen years after her niece had been brutally killed.

 

©Jim Woods 2017

Author: weebush

I am an author of Irish Short Story books and have two books currently in publication i.e. "Across the Sheugh" and "Short Stories and Tall Tales." other new stories can be previewed on my blog

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