TRIAL OF CAPTAIN JARVEY.

Evening Post, Issue 40, 25 March 1865, Page 2

TRIAL OF CAPTAIN JARVEY.

Elizabeth Ann Jarvey in continuation :—: — Mr. Prendergast : Was anything else said ! — Yes, my mother said to me, "My faithful Lizzie I may God bless you, my child." The Judge ; Was that immediately afterwards ? — I cannot say whether it was immediately afterwards, or not. • How long after, do you think ?— Those words I have just repeated were nearly the last I heard her speak. My mother ceased screaming for a while, and seemed to be very quiet. The Judge : You did not tell us anything about her screaming, until you come to the end of it. How was that ? — My mother did scream at intervals. Mr. Prendergast : Did she remain quiet long ? — I went down stairs, for my sister was crying, and in a very short time, my sister came down stairs. The Judge ; When she ceased screaming and remained quiet, then you went down stairs ? — Yes, sir. Mr. Prendergast : Did you do anything to help your mother — to alleviate her pain in any way ? — Yes, sir, 1 bathed her lips with vinegar and water ; but when 1 touched her she said, "Oh! don't touch me?" and she seemed to writhe in agony. While you were bathing her lips, did you observe any tiling else, except that she writhed about ? — Yes, her hands were clenched. How was she lying ?— Straight in bed. On her side or on her back ? — On her back. Did you observe anything else about your mother at this time ?— Nothing else that I can recollect. What happened' after your father came down stairs ? — He told me that my mother had fallen into a nice sleep, and that I was ' not to go up stairs and disturb her ; that he was goiug for a doctor ; and that wh j n the doctor came I was to tell him to bleed my mother. My father told me to send my brother Andrew up to Mrs, Lumb, to tell her that my mother was very ill— that mother was suddenly taken iH — and that she was to come up. My father then went out. Did your brother go to Mrs. Lumb ? — Yes, sir. Shortly afterwards, Dr. Worrall came in. The Judge : As nearly as you can estimate, how long was it after tea when your father came down stairs ?—lt? — It would be more than half an hour. Mr. Prendergast: After he came down, how long was it before he went out?— Not many minutes. How long was it before Dr. Worroll came ? —It was not lung af ver my father went out ; but I cannot say exactly the time. When Dr. Worrall came did you go upstairs ? — Yes, I went up with him. Did you look at your mother ?— Yes. How was she lying?- She was lying straight in bed, and her head was iuclined a little to one side. Did you remain long upstairs with Dr. Worrall ? — Until my father came again. Did you speak to your mother when you went into the room ?— I went up besiue the bed, and I thought she was asleep ; but Dr. Worrall went up co her and told me she was dead. How long after you went upstairs was it before your father returned ?— About half an hour. Did any other person come in before your father ?— -Mrs. Lumb. When did she come !— A short time after Dr Worrall. Did she come into your mother's room ?— Yes.

Did any person return with your father ? —Dr. Hardy. What happened after thnt J— Dr. Hat-ay came and looked nt my mother, and told my father that she was gone. My father asked Dr Hardy to bleed her. Ami Dr. Hardy Wed her ?— T did not Bee whether it was Dr. Hardy or my father. But some person bled her ?— Some person did. My father said, " See ! she bleeds ! sho bleeda I she will live yet." How long did Dr. Hardy remain ?— Not long. I cannot say how long it was, but it was not very Ion?. Did Dr. Hardy or Dr. Worrall leave first ? —Dr. Hardy. „ . o . How long did Dr. Worrall remain ?— A short time after Dr. Hardy went. I heard my father and Dr. Worrall begin to speak hawhly together in the passage. What about ?— I think it was about his not having bled my mother. Mr. Smith : Did you hear the words that passed ? No I did not. Mr. Smith : Then, be good enough not to state what you think. Mr. Prenderpast : Did Dr. Worrall and your father go down stairs together, while you remained upstairs ? -Yes. Where was Mrs.Lumb ? They had all gone down stairs together. How long did you remain in the room alone ?— Not very long ; untill Mrs Lumb came up again. You said that some one bled your mother ? either Dr. Hardy or your father. What was done to your mether, then ? Did any one take hold of her ?— (A pause.) The Judge : Surely you can answer that questfon without thinking much about it ? I saw my mother's arm over the bed, but I did not see anything else. Mr. Prendergast : When Mrs. Lumb came back Into the room, was anything done to your mother ?— No they did not do anything just then. Mrs. Lumb said it was too stiff. Never mind what she said ; only tell us ¦what you saw yourself —what was done. Were you present when the body was dresoed ?— No, I was not. How long did Mrs. Lumb remain in the houce ? — Until very late. Did any other person come in— Mr. and Mrs. Sly. What time did they come ?— My father went and brought them after the doctors had gone. Don't you know how long it was before he went out ?— No, I could not say. You saw your father come home at seven o'clock that evening ? — As near as I can think it was about seven o'clock. Do you know whether he brought anything with him ?— I saw that he had some powders vrith him. Did he say anything about those powders ? He told my mother that he had a quinine powder he was going to give he-. Did you see what he did with the powders when he came in ? — He laid them upon the mantelpiece. He had a pot of pomatum, also, which lie said he had brought from Mr. Luke's, the chemist. Did you see the powders on the mantelpiece ?— Yes How many ?— Two, as near as I could see. Either two or three. Do you know how long those powders remained on the mantelpiece ? — No. Did you ever see them again ? -—No, sir, I saw then* no more. After the doctors had left, how long was it before yoii left your mother's room ? — I remained until my mother's body was about to be dressed. J Can you say how long that was after the i doctors had left ? — I cannot. i Was it an hour or two hours ?— I think it was not so long as that. When you went down stairs where was your father ?— Sitting in the kitchen with! Mr. Sly. You remained in that room with them ?— ! A part of the time. Can you say where Andrew was, from the ' time he went for Mrs. Lumb, until you saw your father and Mr. Sly in the kitchen ?— I i cannot recollect now, where he was. Had he gone to bed ?— I do not know. Was he in the room at all, while the doctors ¦were there ?— He came into the room, but I cannot say whether it was while the doctors .were there or after they had kft. lie had been up before they came, while I was in the room with my father. Your other brother, England, where was he and your sister during the time ? — Down stairs. Do you know what time he went to bed ? — I cannot tell exactly what time he went. How long did Mr, Sly remain with your father ? — All the time my mother's body was being dressed, and after Mrs. Lumb" had I gone. They remained to the last. Can you say what time it was when Mrs. Lumb went away ? —ho, sir, I cannot. Did you see those powders when you came down and found your father sitting with Mr. Sly ?— No, sir. I Did you look on the mantelpiece ?— No, I did not look, particularly ; but I dare say if they had been there I should have observed them. What time did you go to bed that night ? —It must have been past twelve o'clock when we went. J)o you know what time your father went to bed ?— About the same time. Did you go to bed in your own room ?— - Yes. In what room did your father go to bed ? —In my bi others' room— the middle one. Were you ihe first to rise next morning, or was your father? — I do not recollect now, vrhich of us got up first. When you went down stairs, into which room did you go ii 11 — The kitchen.

Did you see any tumbler there ? — Yes, there was a tumbler on the table. More than one ? — I did not observe more than nne. Was there anything in it ?— There was nothing in it, but it was very red. Do you know with what it was red ?— No, I do not. Did you do anything with the tumbler ?— I washed it. When did you first come to Otago ?— On the 30th April last. Where had you been living previously ?— Tasmania. With whom ? — My mother and the rest of the family. Was your father livine with you ? — No, not previously to our coming here. Had your father at any time lived with you in Tasmania ? — Oh 1 yes t but he came to New Zealand. When was that ? — I think it was about last October two years. Were you living at home with your mother during the time of your father's absence ?— Yes. Do you know whether or not 3*our mother was subject to any kind of fits while in Tasmania ? — I know that she ha<l convulsive fits at the birth of my youngest brother, but I have not seen any since. Do you know whether she had them at any other time ? — No, Ido not recollect them at any other time. Did she have any more than one fib at the time of the birth of your brother ? — Yes. Had she any fit in Dunedin prior to the day of her death ? — Yes, one. When was that ? — While we lived in Cum-berland-street, early in August. After answering a number of questions, the witness motioned, rather than asked for a glass of water which was handed to her. She seated herself,raised the glass to her lips, seemed about to sob, and fell on her knees, fainting. She was assisted out of Court. The Judge : Has this poor girl no female friend with her. Mr. Prendergast •. Yes, your Honour, Mrs. Lumb is with her, The Judge : I will adjourn the Court for half an hour, in order that the jury may obtain refreshments. The witness had been overcome by a simple fainting fit, and she very soon recovered. When the Court resumed, she again took her place in the box, and was accommodated with a seat. Mr. Prendergast : I think, your Honour, that the prisoner's gaze has some effect upon the witness ; and that if it was arranged that he should sit facing your Honour it would be better. The Judge : I don't know why he should sit at all. It is quite nn innovation that a prisoner should sit. Stnnd up, prisoner, face the Court, and don't cast your eyes at the witness. It is a very painful position she is placed in, and she is entitled to every protection the Court oan afford her. I don't know who is responsible for plauingr that seat in the dock, but it ought to be removed. When a prisoner is ill, indulgence is granted in the matter but as a gpneral rule he should stand. I neAer in my life, saw a prisoner sit in any Court except this, (To the witness) Do you feel quite recovered, now ? The witness : Yes, I thank your Honour.