INQUEST ON VIEW OF THE BODY OF MARY MALPAS.
Mrs.
Davison, wife of Henry Davison,Esq.,land steward to Sir John Broughton,
Doddington, being sworn, deposed as follows:- The deceased, Mary
MALPAS,
was my servant maid on the 28th of June, and on the evening of that day
she retired to bed about half-past nine; I did not observe anything
particular
or contrary to her usually modest deportment prior to her retiring to
rest.
About half-past twelve o'clock on the same night I was awoke by some
one
knocking at my bedroom door, and the deceased said- "Mistress, shall I
go and see my mother, who is taken dangerously ill, and likely to be
dead."
I said-"Certainly, you may go;" but did not ask her who called her up,
supposing it to be either her father or one of brothers. I did not hear
anyone about the house, but heard the deceased go down stairs, and in a
short time leave the house. I came down stairs to lock the front door,
but found it locked and the key gone. I supposed the deceased had taken
it, that on her return she might let herself into the house without
disturbing
the family. It was our invariable custom to leave the key of the front
door on the sideboard in the parlour. It was left there when I went to
bed; but in the morning both the inner door and front door were wide
open.
Simeon
Davis, servant to Mr. George, Doddington Farm, deposed as follows
- About five o'clock on Monday morning, the 29th June, I was going to
fetch
up my master's cows, and on going through Chapel Field,
Hunsterston,(about
a quarter of a mile from Doddington) I saw a woman lying on the ground,
near the hedge; she was lying on her back, but inclining towards her
right
side; her gown and petticoats appeared much disordered; she had her
bonnet
on, but it was much torn in front, and her cloak was rucked up, and lay
under her head as if she had been violently struggling; two clean
aprons
which were folded up, and her comb, lay by her side. I did not observe
any marks of violence on her person; I felt at her, and found she was
quite
dead; I did not know her; Ralph Latham, my fellow servant, was with me;
we neither of us knew her; her face was much drawn on one side, and
discoloured;
we supposed she was a stranger; we both knew the deceased well when she
was alive, but had no idea that the woman we saw in the field was Mary
MALPAS; we left her where we first saw her, and returned to our
master's;
met several persons on the road, and told them there was a woman lying
dead in Chapel Field.
Mr. John
Twemlow, surgeon, Hatherton, deposed - About 10 o'clock on
Monday the 29th ult., I was sent for to examine the body of a woman,
who
was found dead in a field near Pepper-street Moss; I found her lying on
her back, inclining to her right side. On examining her person, I found
considerable blackness and darkness round her neck, with here and there
a scratch; the discolouration on the neck seemed to have been made from
violent pressure of the hand and appeared general round the throat. On
examining the lower part of her body, I found a considerable degree of
blackness on the inside of her thighs, and several scratches. If to
violate
her person had been the object of her destroyer, I have every reason to
believe he did not effect his purpose. The ground round about where she
lay was much disturbed, as if two persons had been violently
struggling;
and I am decidedly of opinion the deceased came to her death by
strangulation
from some person's hands.
Mr.E.Barker,
surgeon, Audlem, deposed; about four o'clock p.m. on Monday
the 29th ult. I saw the body of the deceased Mary MALPAS at her
father's,
John MALPAS, Hunsterston Lodge. On examining the upper part of her
throat
I found there had been much pressure and violence on each side of her
wind
pipe, with the appearance of finger nails penetrating through the skin,
producing strangulation. On examining the thighs and legs I found much
redness and discolouration about them, produced apparently from
excessive
friction, as though she had been struggling violently with some person.
I believe her person had not been violated, but that an attempt had
been
made. There was also much blackness and redness about the face and on
the
upper part of her breasts. The discolouration of the upper part of the
body is to be accounted for by the pressure on the vessels of the neck,
preventing the return of the blood; consequently the minute vessels
would
become distended, producing blackness and swelling on the surface of
the
body. I am decidedly of opinion she died from strangulation.
Ann MALPAS,
wife of John MALPAS, bricklayer, and mother of the deceased,
deposed:- The deceased, Mary MALPAS, was my daughter, and lived with
Mr.
Davison, of Doddington. I did not send on the 28th ult. any one to my
daughter
to say I was ill, and if she wished to see me alive must come directly.
I was not at all unwell on that day, but as well as ever I was in my
life.
John
Shuker, labourer, Hunsterston, deposed:- Yesterday morning the
29th of June, I went to the house of Mr. Davison, of Doddington, to
meet
Thomas Bagguley, labourer, who had agreed the previous evening to
assist
me in loading some calves. In consequence of Bagguley not coming to his
work at Mr. Davison's as usual, Mrs. Davison asked me to go to his
house
to enquire for him. I saw his wife, who said he had not been at home
the
whole of the night. On returning to Mrs. Davison's, she desired to tie
up the cows and suckle the calves, and by that time Bagguley might be
come
to his work. After tying up the cows I went to fetch the calves out of
a hay crib adjoining the cow house, thinking the calves might be there,
though it was not the usual place they were kept in. The hasp was on
staple
of the door post and a hanging lock through the staple, but not locked.
On opening the door I observed a man's legs. the knees of which were
bent,
and his feet touching the straw under him. I started back alarmed; on
recovering
myself I went in, and taking him by the shoulders I turned his face
towards
me, and saw it was Thomas Bagguley. He was suspended by a rope tied
round
his neck with a running noose, fastened to a ladder which was over the
hole where the hay is put down into the hay crib below to fodder the
cows.
On seeing his face, I knew it to be Thomas Bagguley, Mr. Davison's
labourer;
he was quite dead. I alarmed Mr. Davison's family, and went with two
men
to the hay crib, when Simeon Davis took out his knife and cut him down.
It was a small cord which was round his neck. I then and asked Mrs.
Davison
for the keys of the stable: she could not find them, but said Bagguley
might have them in his pocket, and desired me to examine; on feeling in
his pockets I found several keys, which I took out; one of the keys
opened
the stable door, and the rest I hung on a nail in the inside of the
stable.
I do not know whether I took from his pocket the key of the front door,
but if I see it I can tell whether it is the same I took out of
Bagguley's
pocket. (The key of Mr. Davison's door, by which the young woman let
herself
out, was brought). The key now produced is one of those I took out of
his
pocket and hung on a nail in the inside of the stable.
(A
gentleman who was present told this witness that if he ever should
be placed in the same unfortunate situation, and see a fellow creature
hanging, he hoped he would have courage enough immediately to cut him
down,
rather than lose all chance of saving his life by wasting time in
seeking
for assistance, when nothing more was wanted but presence of mind in
the
individual.)
Thomas
Bagguley, labourer, son of the deceased, deposed - I work on
the rail-road, but generally sleep at home at the week's end; I was at
my father's house on Sunday night the 28th ult; my mother asked my
father
to go to bed several times, about half past 9 o'clock; she went to bed
about 10 o'clock; she requested him to go with her; he said "I am
coming,"
but did not follow her; I then locked the door, and left the key in the
lock, and said, "Father, come to bed;" he again said "I am coming," but
did not follow me. When I was in bed I heard my mother several times
call
to him to come to bed; his answer invariable was "I am coming;" about
two
o'clock my mother awoke, and not finding him in bed she went down
stairs;
he was not in the house; the door was locked and the key put under the
door. I got up about 4 o'clock, and found the door locked, and the key
put under; when I went to bed I locked the door and left the key in the
lock.
Henry
Davison, Esq., Doddington, deposed - The key now produced, and
sworn to by John Shuker, as the one he took out of Bagguley's pocket,
is
the key of my front door, and was left on the sideboard, in my parlour,
on Sunday evening, about Half-past 9, June 28.
The jury,
after a few minutes consultation, returned a verdict of willful
murder against Thomas Bagguley, deceased, for having in the night of
Sunday,
June 28th, feloniously and wilfully destroyed the deceased Mary MALPAS,
by strangulation.