Australian Royalty: Genealogy of the colony of NSW

V1840270 24B/1840 COLLITS WILLIAM JAMES CAROLINE MF

WHEREAS my wife, CAROLINE COLLITS
having left her home some months
back, without any just cause or provocation, I do
hereby caution the public against harbouring or
giving the said Caroline Collits any credit as I
will not be answerable for any debts she may con-
tract, and that any person found harbouring her
after this advertisement shall be prosecuted to
the utmost rigor of the law.
WILLIAM COLLITS.
Mount Yourk, 15th December, 1841

Sydney Herald Tuesday 5 Apr 1842
ASSIZE INTELLIGENCE
(From our own reporter)
BATHURST CURCUIT COURT
THURSDAY MARCH 31
BEFORE MR. JUSTICE STEPHEN.
MURDER.
John Walsh was placed at the bar charged with the wilful murder of Catherine Coillitts, on the 3rd January last, at Mount Victoria, near Hartley.

The prisoner pleaded not guilty. He was without counsel.

The Solicitor-General opened the case. The jury had no doubt heard from report the particulars of the crime imputed to the prisoner, a crime so dreadful, that rumours of it must have reached all whom he addressed; and which must naturally have excited their highest indignation. He would, however, conjure them most solemnly to dismiss every impression, every prejudice which report and rumour might have raised in their minds, and to attend to the evidence which would be given, and to decide according to that evidence alone. The evidence placed before them would be circumstantial; but it must be remembered that circumstantial evidence was often much more cogent, more conclusive to the minds of others than positive evidence; deeds, such as the Jury would have described to them in this case, were seldom or never committed in the light of day, the murderer and his victim were alone the witnesses of the crime, and although committed in the face of Him, from whom nothing could be hid, yet the murderer was well aware that the accusing angel could not be heard in this world. From the circumstances which would be detailed, the Jury, in his opinion, could arrive at only one conclusion, which would be, that the prisoner was guilty of the murder; a murder at which all must recoil. The victim, the sister-in-law of the prisoner, not more than 16 or 17 years of age, (Caroline was aged about 14) for some time living under his own roof, and yet by him murdered cruelly and savagely mutilated, and with marks of violation on her person before or immediately after the death blow had been inflicted. The Solicitor-General then entered into a statement of the case as detailed in the following evidence:-

Joseph Jaggers, innkeeper at Hartley, at the bottom of Mount Victoria: Knew the deceased Catherine Collitts, and remembered seeing her at his house with the prisoner, and her husband, and Mr Gardener's stockman, on the 3rd of January. They were all sober except Walsh, who appeared to have taken liquor. The stockman called for a glass of brandy each, for Collitts and the prisoner, and a glass of syrup for the deceased. Walsh had two glasses of brandy, and the deceased two glasses of syrup, while in the house; the prisoner called for the second glasses. They all left the house together, it was not a moonlit night; Gardener's man had gone before in another direction. The body was brought to the witness's house the next morning about 10 o'clock.; the deceased had a bonnet and collar on when she was at the house in the evening. The articles produced were worn by her; it was by her clothes alone that he could recognise her; her face was too much mangled to be known. She was not twenty years of age. She had not lived with her husband for some time; they appeared on tolerably good terms, and her husband wished her to go with him. The prisoner was brought to the witness's house in custody; witness's son was sitting at the door, and the prisoner said to him 'You are the man that knocked me down with a pistol, and took away Mrs Collitts'. Witness's son is twenty nine years of age; witness's son was in his house in company with several other persons; he slept with witness in the same bed; they were in the kitchen together; and at about half past eleven witness called him to bed; he was not out the whole evening; witness's second son was out with a servant during the evening, and came in shortly after eleven o'clock. When the prisoner addressed his son, a man called Richard Ryan, a settler, near Mudgee, told him not to accuse innocent persons, as he could clear witness's son, as he knew he had been in all evening.

Witness heard of the murder early in the morning from a traveller. They trousers produced are the same as worn by the prisoner on the previous evening.

By a juror: The prisoner shewed a scrape on his face, which he said was from the blow; a slight scratch only.

Cross-examined by the Prisoner. The prisoner was at witness's house once before with his own wife and the deceased. The deceased appeared very friendly, and went away arm in arm with the prisoner; the prisoner wanted another glass, but the deceased would not allow him. Witness saw the prisoner the next morning; prisoner's eye discoloured the next morning; it was not so the night before; it appears as if it has been scratched with nails. Witness examined by Mr. Atkins; did not know for what reason the prisoner was debarred from being present at the examination. There was another man in custody on your charge; it was Ryan; prisoner said nothing about Ryan at first; Ryan was not examined as a witness.

By the Judge.- Ryan is a free settler near Mudgee.
His Honour said that Ryan and Jaggers should have been summoned; that there was great neglect, and that in such a case as this, expense and trouble should be disregarded.

William Collitts, husband of the deceased, living at the Vale of Clwyd, was at Jaggers' public house with deceased to hours after night, on the same night as she died, the prisoner and one of Gardener's men from Blackheath. They did not stop at Jaggers long – not more than five minutes; witness had a glass of brandy, the prisoner took something also, either rum or brandy; deceased had some syrup or cloves; the prisoner took a second glass, but Mr Jaggers would not let him have it; prisoner took deceased by the arm, and they went, all three, up the hill about a mile; the body was found a mile and a half further on; and the prisoner would go back to Jaggers; prisoner asked where his own wife was; witness said he believed she was at Blackheath; prisoner then gave witness a blow which knocked him down; prisoner was not sober; deceased caught hold of prisoner, and said 'don't hit him'. Witness jumped up and ran away, off towards Blackheath; deceased sung out to witness to run or prisoner would kill him; prisoner ran after witness, but witness left them and saw nothing of the prisoner until he came home about two hours after witness had been in bed; witness was in bed at Gardener's; there were other men there; when the prisoner came in witness asked him 'where is my wife?' Prisoner answered 'Mr Jagger's son and four men rushed me; your wife flew into my arms for protection. Jagger's som up with a pistol and struck me here' (pointing to his face). There was a scratch or a cut on his face; it was not bleeding. Prisoner and his wife went off to bed. Prisoner said 'I was forced to run for my life, and stopped at the box where the soldiers were, and borrowed a Government shirt.' Prisoner only had on a shirt, nothing else; neither hat, jacket, trowsers or shoes; only his shirt; it was a blue striped shirt, such as prisoners wear; at Jagger's the prisoner had on a white shirt; he said that young Jagger had stripped him naked. The next morning he said 'Are you coming to look for your wife?'. Prisoner paid Mr Gardener for the lodging and witness and prisoner started together towards Mount Victoria; half a mile on this, the Bathurst side of Mount Victoria, the mail came up, and the mailman asked where he was going; he said to look after his wife; the mailman said, that man (pointing to the prisoner) has murdered her. The mailman knew the deceased. Jagger's man was also in the mail; the mailman told witness to give the prisoner in charge; the prisoner repeated the story about Jagger's son and the four men, and said, he would swear to Jagger's son; witness ran to the spot where the body of deceased was lying. The mailman shewed witness the prisoner's clothes and his wife's shawl.

Cross-examined by the prisoner; first met the prisoner that day at Mr. Kibble's; prisoner told him that Mr Gardener wanted to see him, and that he was to bring his wife with him. Witness lived two days with his wife since prisoner lived at Blackheath. Prisoner did not ask him anything about his living with his wife. There was nothing to eat at the place. Witness and his wife had no row; he wanted her to come to his father's to live; she would not, and he went away and left her. The deceased threw her bonnet behind the fire, saying she had plenty of money, and did not want any of his bringing. Witness had no quarrel with his wife at Kibble's that day; Mrs Kibble had no spirts; there was porter and wine. Witness and his wife had no quarrelling up the hill from Jagger;s; prisoner had hold of her arm; witness did not recollect anyone making signs to his wife at Jagger's. Witness did not want to tear his wife's bonnet, nor did he attempt to strike or touch her in any way. Prisoner said to deceased 'Come home with me my girl, while I have got a home you shall have one, and while I have got a shilling you shall have half of it'. All witnesses heard after being knocked down, was his wife telling him to run; he never heard prisoner call out. He never said he had. Witness did not pay any money to Mr Gardner but had a settlement with him and gave him an order for some cattle. Prisoner said 'I shall swear to Jagger's son'. Witness's wife did at one time live on Blackman's farm. Witness's wife was away from him two or three months; during that time he had frequently been at prisoner's to endeavour to get her home. Prisoner frequently behaved badly to deceased, and turned her out of the house, when he was drinking. Witness's wife used to turn him out, and prisoner used to beat and threaten him. Witness did not know why his wife left him; but it was all through the prisoner and his wife; because he would not give prisoner's wife five head of cattle. Witness was sick, and blamed his wife for it. Dr. Fitzimmons attended him. Witness was married in November 1840, and he brought up his wife and her sister, who was afterwards married to the prisoner. Witness's mother did not take away all the cattle from him to give to his brother, but charged them to take care of him. He did not know whether his wife used to complain of him to Mr Atkins or not. Witness believed that the prisoner had lain with his wife (the deceased) in the bush; but he would not swear it.

Richard Rogers, bond: Recollected meeting William Collitts on the 3rd January; he was on the road and met a man, who told him that there was a woman murdered on the road; witness told him he had better go to the Chief Constable; he went to the corpse and saw it; two prisoners from the neighbouring stockade were guarding the body. The braces, produced, were about a yard from the woman's head, covered with blood; William Collitts came running up the road. Witness went with Collitts, and on meeting the prisoner tapped him on the shoulder and made him, prisoner, stop, telling him that Collits had charged him with murdering his wife. He said that Jaggers had struck him. He brought Walsh to the place where the corpse was, and one of the men said, that is the man that murdered her. Prisoner asked to go down to the body, but witness would not allow him; he appeared desirous of quarrelling with the husband, but witness made him come on. He left prisoner in charge of the Chief Constable, at Mr Jagger's.
Cross-examined by the prisoner – Prisoner himself, after he was in custody, asked Collitts if young Jagger had behaved indecently towards deceased at the house? Collitts said 'yes' in answer to the question put to him by the prisoner. When the prisoner first got to the public house, he had nothing to say for himself. The bullock-driver said 'Paddy, prepare yourself for the Almighty, for you have murdered that woman'. Then he went to the Chief Constable and said, that one of the men who was with young Jaggers when he struck him with the pistol. The bullock-driver was taken into custody.

By the Court: There were scratches on the prisoner's face and neck; his face was not swollen so as to attract attention. Prisoner appeared very down in spirits. Prisoner was rubbing his feet along the road, apparently preparing to run away; witness told him if he attempted to escape he would knock his brains out.

William Collitts, re-called by the Court; Remembered going along the road with Rogers afer having given the prisoner in charge; he did not see Jaggers take any liberties whatever with his wife. If he said, yes, it was because he did not understand the question. On recollecting himself, he remembered the question having been put to him, and also that William Jaggers did do something, but he did not believe that his wife saw him. This was outside the house, the younger Jagger was inside the house.

Mr. Jaggers recalled: Joseph is the eldest son; William the younger. While the party was there, William was outside; it was William who was away during the evening; Joseph who was accused by the prisoner, did not go out.

John Jones, sergeant of H.M. 80th Regiment: on the night of the 4th January, about 11 o'clock at night, the prisoner come to the hut where witness was stopping, and knocked him up. Prisoner said that Jagger's son had come up with four other men, and had knocked him down, and taken the woman Collitts from him; and that, on hearing one of them say, they had better cut off his head, he ran away. Witness did not believe his story; he seemed like a man suddenly roused from a state of drunkeness; he showed a mark, which he said was from the blow from the pistol; bit it was not such a blow; it was more like a scratch with a nail. Witness told prisoner to go to Gardners and get assistance, but he did not return, and witness thought the story was all false; when the mail came up he went with the prisoner of the Crown, and found the dead body of a female lying on the side of the road, about a mile and a half from the stockade. Near the body there was a large pool of blood, and also near the head, which had been much bruised. It appeared that she had been dragged round after she got her death blow; there was a piece of iron-stone lying near the blood; the stone was about a yard from the corpse, near the pool of blood, from which the head had been apparently dragged. The stone produced (about 18 inches long by four wide and three thick) is the stone; the braces produced were lying in the pool of blood; witness found one of the decease's teeth in the blood, which had been knocked out, and part of another which had been broken off. The clothes were thrown up over her body; a portion of the clothes were torn off; her face was turned upwards; it was covered with blood.
The prisoner examined at some length but without eliciting any thing to shake the evidence in chief.

Leoni Howard, ticket of leave holder: Knew prisoner; was in Mr Gardner's employ; was in prisoner's company the day before, and also on the morning of the murder; prisoner came to Gardner's the same night the woman was murdered. Collitts, and Walsh's wives [sic] were in the room, and prisoner came in. Prisoner asked Collitts why he left him, he said, you hit me. Prisoner said that five men, Jagger's son was the first, rushed at him and knocked him down, and that four men took her away with them. They told him to strip naked. That he slipped away from them, and came to Blackheath. He had nothing but a shirt on when he came to Blackheath; lent prisoner a pair of braces on the morning previous to his going down___believed that the braces now the ___ near the body) were produced, (those found___the braces he lent. Prisoner said he had been ill-used, and would go to the police magistrate to report the case, and get himself rectified.
Cross-examined by the prisoner: Saw Collitts come to Gardner's, he said there had been some words, which made him leave his wife with him. He did not deny that he had been quarrelling with his wife. His wife used to turn him out. Witness saw prisoner's face, and there was a slight swelling, and prisoner said his nose had been bleeding.

By Juror: He had been working as partner with the prisoner for five months; had not spoken to the prisoner since he was committed. They had a contract together for Government. His face was not much swollen; the prisoner pointed it out; the skin was off as large as a sixpence; did not notice a scratch on the neck.

By the Court: Was examined by Coroner, and made the same statement there; the prisoner was examined by a surgeon as to his wounds.

Andrew Gardner, publican, Blackheath: Remembered Walsh coming to his house after eleven o'clock on the night on which the woman Collitts was murdered. Prisoner exclaimed 'I'll jagger ye, I'll made a jagger of you', and witness told him he was drunk; he walked away from the window towards where his wife was. Next morning witness asked him what he meant by making a disturbance in the house when gentlemen were there. He said 'if you had been used as I have you would kick up a row'. He said young Jagger and three more had followed him, and taken away Catherine Collitts, and knocked him down with a pistol; witness asked where the blow was, and on being shewn it, witness said that it was not a blow but a scratch; witness said he thought it extroadinary that the prisoner did not make any report of it before; the prisoner made no answer whatever. Witness identified the clothing, shirt, trowsers, &c., which the prisoner wore, and which were found on the road near the body.
Leoni Howard, recalled, also identified a portion of the clothing.
By the Prisoner: Knew that the prisoner had heard something about Collitt's wife being taken to the court, and that he went to render her assistance; he said he would be back again that evening if he had not to go to court.

Mathew Wall, driver of the mail from Penrith to Hartley; About 6 am, midway between the top of Victoria and Soldier's Pinch, about three miles from Jagger's, witness saw some clothes lying on the road, and afterwards a body; the horses wouldn't face the clothes, and witness got down and fathered up the clothes and tied them in the shawl which he found four of five yards from the rest; the clothes produced were those he picked up in the road and took to Gardner's; witness at first thought that men had been fighting, the shawl was lying at some yards distance from the others, all separate, first the shawl, then the trowsers, next the waistcoat, next the shirt, next the neckerchief, then the boots; the body was nearly opposite; the body which was off the road; the body was stripped to above the middle, the legs were spread out; witness pulled the clothes down over her legs. Witness knew her before she was married; he recognised her as Catherine Collitts; the brace saturated with blood was lying within a yard of the body, rather off the road. The clothes on the deceased did not appear to be torn; the left side of the face, which was uppermost was not much injured' and witness did not disturb the body at all; the body was quite stiff. There was a Mr. Short, and a man named Wilson in the mail; Wilson got out, Short did not; on the way to Gardner's they met the prisoner and William Collitts; witness asked Collitts where he left his wife the previous evening, he said at the top of the hill, because the prisoner struck him. The prisoner said he had been run away with himself and had to take a shirt back; witness called Walsh a murderer and told Collitts that his wife was in the road; he told the prisoner he ought to be hung, and told Collittss to give him in charge.

By a Juror: Witness passed a man on the road with bundles in his hand, and sent after him and brought him back; he had passed the clothes and the body, but said he did not want to be detained as he was a ticket of leave holder from Wellington. He was detained at the Police Office, Hartley, for some days, until he had satisfactorily accounted for himself. There were a few scrapes on Walsh's face in the morning; there was no swelling, nor had he a black eye. The bundle was opened by Short on the road, and the trowsers shown to prisoner, when he said they were his.

Cross-examined by the Prisoner: Remembered prisoner's saying once, that the deceased never should want while he could earn a shilling. There were no marks of violence on the prisoner.
James Blake, bond, stationed at the Stockade at Soldier's Pinch, was sent by Captain Lomas early in the morning, on the 4th of January, to guard the body of a woman found dead in the road. The body was on its back; the head was very much disfigured; a little turned on the right side; there was blood under her head, but she had been moved from where she was murdered; there was a great quantity of blood about four feet from the body; a tooth and part of another, and a brace, were found in the blood; there was hair, apparently from a woman's head, matted about the brace. Witness was at the spot about 4 hours. About an hour after he had been there the prisoner came up in custody of Rogers with the husband of the deceased. Witness told him that he was the murderer. He asked, why he should murder her when she had neither money nor marbles. There were some shirt buttons found on the road, about sixteen or seventeen feet from the body; the prisoner did not say anything more; witness asked him if had ever seen the brace before; he seemed to change colour, but went away without making any answer; witness found a hat about twelve or fourteen feet from the body; the body appeared from the marks to have been dragged off the road a few yards into the bush and back again; the hat was between the bushes and the body; witness saw the print of one knee and one hand, perfectly distinct, on the road, and spots of blood, the size of a sixpence, along the road to the bushes, through which the body had been drawn.

Cross-examined: Rogers might not have heard the brace mentioned; he went off about a rod; Rogers told prisoner to come on when witness was speaking to him.

Thomas Finn, Chief Constable of Hartley: received prisoner, on 5th January last, from the custody of Rogers, at Kibble's public house, where witness had been making inquiries about the murder; when witness ordered handcuffs to be put on him, the prisoner told him not to be in a hurry, as the real murderer would be discovered; he then told the story about Jaggers and the four men; Collitts came up, he had marks on his face, and witness asked him what the marks were, he said the prisoner had struck him, the prisoner also said that he suspected that a party stopping at Jagger's was one of the party who had rushed him; witness took Jagger and Ryan into custody; the prisoner gave a list of clothes which he said were taken from him; the list corresponded with the articles produced; there were buttons wanting to the shirt.

His Honor pointed out to the Jury, that in one of the places where the buttons was missing, the whole of the cotton was gone, and it was to be found in the button; with regard to the other button, the case was precisely different, the cotton remaining on the front of the shirt, while there was none in the button.

Thomas Finn's examination was continued. He described the state in which he found the body; on the right temple he found a wound nearly in inch in depth; there was a stone (that now produced) close to the body, smeared with blood, and with human hair adhering to it; witness believed that the wound was inflicted with the stone, as it fitted exactly in the depression; there were several other wounds on her head; the legs were bruised and scraped; the hair was the deceased's; witness compared it; witness went to Blackheath for the clothes, and returned with the body to Jagger's; witness found a bonnet and a collar from a quarter to half a mile from where the body was found; there were marks of feet, as if there had been a struggle,a bout two or three yards off the road.

By a Juror: Could not say if there were four or five persons, but a great many persons had gone to see the body. The ground was dry, and the dust had blown over the foot marks.

John Michael Firzimmons occasionally practising as a surgeon, examined the body of the deceased at Mr Jagger's public house, at the foot of Mount Victoria; found a very large fracture of the frontal bone, which had caused death; there were portions of gravel and stone in the wound. There were some scratches on her face. Was a surgeon and had a diploma from the College of Surgeons of Dublin.

Thomas Rigby, assigned to Mr John Betts, was at Jagger's inn on the evening of the murder; there were with him in the kitchen Joseph Jaggers, a cook, and a woman servant; they were there altogether until after half past eleven. Witness left to go to his drays, and Joseph Jaggers went to his bed. William Jaggers came in and out of the kitchen during the evening.

The manner of giving his evidence being somewhat extraordinary the prisoner objected to him as being drunk, Dr. McHattie was called, and stated that having had occasion to speak to Rigby some months ago, his manner was the same.

Mr Atkins, Police Magistrate, deposed, that on three occasions on which the witness had been examined by him, his manner appeared very different, and he believed that the man had been drinking.

The witness stated, that he had only taken one glass of porter during the day.

James Yeo, of Clare Creek, settler: Was at Jagger's on the night of the murder, in company with Joseph Jaggers; went to bed about 11 o'clock, in consequence of Mr Jaggers senior, having said it was time to go to bed. The last witness, Rigby, was also in the kitchen, and William Jaggers came in shortly after 9 o'clock, and remained also in the kitchen.

This closed the case for the prosecution.

The prisoner solemnly denied his guilt, still adhering to the tale that he had first told, and declaring himself prepared to abide the result of the trial, and imploring the Almighty to direct the hearts of the jurors to return such a verdict as he merited.

Mr. Justice Stephen summed up a great length. He commented severely on the absence of Joseph Jaggers, of William Jaggers, of the man Ryan, and also of the ticket of leave holder who first saw the clothes on the road, and the dead body. These, his Honor laid down, were all to be taken in favour of the prisoner, and as there was a possibility of some other person or persons having committed the murder, even though the prisoner should be mistaken as to Jaggers, the Jury might, if they did not find that there was an irresistible weight of evidence against the prisoner, acquit him of the charge. His Honor's summing up was ended all in favour of the prisoner.

The Jury, after having deliberated for about half an hour, returned to the Jury box, and pronounced a verdict of guilty.
The Solicitor-General, having prayed the sentence of the court, His Honor immediately passed sentence of death upon the prisoner, expressing his entire concurrence with their verdict, and imploring the miserable man to make his peace with his Maker, as he could no longer be allowed to remain on this earth, but must soon appear before the dread tribunal where all his crimes would be found registered against him.

This trial occupied the whole day up to past eight in the evening.

Caroline was blugeoned to death by her brother in law John Walsh.