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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.

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