Margaret Cody - Hanged on the 15th of July 1871
Supreme Court
Criminal Session
Before his Honor the Chief Justice
Wednesday, 5th July 1871
Willian Davis and Margaret Cody, charged with the murder of James Holditch, on the 4th March last.
Mary Ann Lavery- Was driving cattle along the bank of the river on Sunday morning, the 4th March, and observed an object in the water. On closer inspection she found it was the dead body of a man, partially immersed, She informed some boys, who were playing near the spot, of the fact. This was opposite the prisoners’ house, at North Fremantle.
George Gibbs said he was a labourer, and that, on the Sunday morning in question, he went to Davis’s house. When he entered, the prisoner Mrs. Cody was lying on the bed, and he heard her call the male prisoner a ‘convict and a b------ murderer.’ Witness and Davis went out, and were met by two boys, who informed them that a dead body was lying in the shallow part of the river. On proceeding to the spot they observed the body, and the prisoner Davis stripped, and they dragged the body on to the beach. There was a wound on the back of the head and wounds on the other parts of the body. They covered it with a cloth, and shortly afterwards the female prisoner came down to them, and, on the cloth being removed, said, ‘My God! It is so like Cody.’ Davis told her to hold her tongue, and go back to the house. Constable Fee then came up, and they placed the body in a cart, and it was conveyed to the dead-house. Witness and Davis began to talk incoherently, at which the male prisoner became furious, and threatened to smash her head with a plate if she did not hold her tongue. Witness observed that the walls of the house where the prisoners lived had been recently whitewashed, and the floor likewise so recently that the whitewash was sticky, and adhered to the soles of his boots. In cross-examination witness stated he had often heard the woman Cody apply the epithets ‘convict and murderer’ to Davis when they quarreled.
W.H. Dickey – Asst. Col. Surgeon. On 5th March examined a body in the dead-house; there was a cut 4 inches long at the back of the head – a contused wound’ the left eye was also contused, and at the angle of the jaw was a cut about 2 inches long; on the back of the right hand also a contused wound, and superficial abrasions on the lower portions of the thigh and leg’ the toes had been eaten by crabs or fish’ the abrasions supposed to have been caused by dragging over hard surface; all signs of death by drowning were absent; believed that death was caused by the blow at the back of the head; it might have been caused by a fall from a distance on to a piece of timber.
Annie Phillips – Knew Mrs. Cody for the last 6 or 8 months; knew Holditch. Remembered hearing of a body having been found in the river about 4th March Mrs. Cody was in the habit of visiting her hosue; remembered the inquest being held on Holditch; saw Mrs. Cody on that day; in speaking of Holditch’s death Mrs. Cody said that all that was got from old Jemmy was £2, and that was got without murdering him. When Mrs. Cody saw the man taken out of the water she told me she fainted. Mrs. Cody, upon my asking her, said old Jemmy’s clothes were in the water; she then asked me to go into the bush with her, as she was frightened on account of old Jemmy being murdered up there; surmised the bush meant Mrs. Cody’s house.
Cross-examined by Mr. Parker – Am sure that Mrs. C. would say anything while under the influence of drink; Mrs. Cody was not drunk, but had been drinking.
P.c. Rowe stationed at Fremantle – Knew a the prisoners, who lived ½ a mile from the North Fremantle Bridge; Mrs. Cody was living with Davis; on the 19th Marsh Mrs. Cody was arrested for being drunk, and Davis on the charge of Murder; on the 20th went with Corpl. King to the place where the prisoners resided; the first thing found was the handle of a grubbing-how (produced); when the stick was found there was a hair on it, and the stick was discoloured; the marks have since been cut out; Mrs. Cody stated she had used the stick while washing; all except one spot has been obliterated; found the stick in the tool-house; found a coat in a box inside the house occupied by prisoners; the coat had been recently washed and ironed and neatly folded up; some pieces have been cut out sincehe handed it to Mr. Glass; made a further search and saw an ash-heap crusted over by rain’ the ash-heap had not been disturbed; in searching the ash-heap found a spectacle glass, two buckles, four large buttons, one stone button, and one shirt button, twenty-two boot sprigs, and some pieces of burnt cloth; afterwards shifted ashes and found a piece of Crimean shirting, pieces of braid and white flannel, a piece of tinder of Russell cord, with a braid attached, and a white China button of a peculiar pattern, some pieces of burnt leather, with sprigs in them, some more sprigs, buttons and some burnt printed calico rags; on the 19th March saw Mrs. Cody go into Annie Phillip’s house; followed her in; she said she passed the night of the 4th March at Davis’s; questioned her in the house; she then asked him outside, when she said, ‘You want to know who murdered old Jemmy. I can tell you. I heard his voice – what mush have been his last words.’ She heard the voice from Davis’s just after she got home; the sound came from Lavery’s said Mrs. Lavery and her son murdered old Jemmy. She wanted him to arrest them.
Cross-examined – Mrs. Cody was sober at 12 o’clock when I saw her.
Re-examined – Examined the walls of Davis’s house and saw several marks on them, and cut out some of the plaster (produced); Mr. Glass also took some scales off the wall; the appearance of the marks was as if they had been made by a splash.
Sergt. Regan – Found an adze handle in Davis’s house, on the 19th March – some pieces of it were taken out by Dr. Ferguson since; in Davis’s house also found a shirt, sheeveless; Davis was there, and said he had not worn it for 12 months; took him into custody for the murder of old Jemmy; upon searching the dunghill at the rear of the house, found a fragment of burnt rag; between Davis’s house and the river found a portion of the sleeve of a shirt; a piece has since been cut out by Dr. Ferguson and Mr Hayhew; took some scales from the wall, and gave them to Mr. Glass.
Cross-examined Mrs. Cody – told me that Leveridge only was the murderer; the ash heap is from 12 to 15 yards from Davis’s house; there is a pathway leading from the house to the ash-heap, but this pathway leads also to the closet; there was no other track leading form the heap to any other house.
P.C. Moan – Knows prisoners; saw Mrs. Coady at Rose’s on 19th March; she was drunk; took her into custody; asked me why I took her into custody and said she knew who murdered old Jemmy; on the way she met Black Poll and asked her to go and tell Davis she was taken; she also told me it was not Davis but Lavery who had murdered him that she has been to the session before and would go again.
Corpl. King – Mrs. Cody told him old Jimmy had been killed in Lavery’s dairy; said she heard his last dying words, which were ‘twarnt me, twarnt me’; that she knew all about the murder; she thought he had locked her up about old Jemmy. Some time after took some stained plaster form Davis’s house; was present when Rowe found the things produced by him.
Cross-examined – There is another ash heap in the back garden; there is but one track to the one in the front of the house.
Jane Lavery – Widow; lives 2 miles from Fremantle; about a quarter of a mile from where Davis lived; knew Holditch; saw him last in February; saw him dead on Sunday; Saturday was Mrs. Cody’s usual washing day, but the Monday following the finding the body saw clothes handing on Mrs. Cody’s line.
W. Lavery – Was at Fremantleo n the Saturday in question, and returned home at about 10 minutes past ten; mother let me in; Holditch was not in our dairy that night; saw him alive three weeks previously.
Cross-examined – Passed by Davis’s on returning; saw no light at 10.
J.W. Howe – On the 4th March last saw both prisoners at about 8; saw her in Harwoods; left them about 10 and they went homewards; gave adze handle produced to Davis (the prisoner); it has formerly been used for the purpose of hanging carcases of sheep, but this was many months before it was given to the prisoner.
James Mackie – Lives with his father who keeps a shop at North Fremantle Road; remembered Davis coming to his father’s shop about 10o’clock on Saturday night, the 3rd March; Davis asked for a corkscrew, and with it opened a bottle of spirits, a portion of which he imbibed; knew it was spirits by the bouquet; heard on Sunday morning the Holditch was dead.
J. McGregor – Lives at North Fremantle; Saturday previous to Holditch’s death Davis got a loaf of bread from him. Also a corkscrew and drew a cork out of the bottle; he drank some of the contents.
Cross-examined – Did not see Mrs. Cody with him.
P. Church – Lives North Fremantle Road; knew Holditch well’ he passed his door on 4th March about half-past 8, going towards the bridge; he had on a white ‘billycock’; heard on Sunday, he was dead.
Cross-examined – The witness, in endeavoring to describe the locality of his residence, said he ‘lived next door to the tinman and the tinman lived next door to him’; after Holditch passed his house, he did not see him or his companion return.
Elizabeth Downs – Saw Holditch on Friday; said he was going to get some money; he went away; had not seen him since; [described Holditch’s dress; thought the samples produced were the same material he wore when she last saw him; identified a buckle.]
Upon being cross-examined by Mr. Parker, she said she could not positively swear to anything.
The Court then rose.
Thursday, July 6
Alice Smith – Lives Fremantle; knew Holditch; saw him last on 2nd march; described his drewss which corroborated the evidence of E. Downs; had sewn one bone and one brass button on the trousers he wore on 2nd March; [the several articles found by p.c. Rowe in the ash heap near Davis’s were shown to the witness who said upon carfully examining them that they were of the same patter as constituted a part of old Jimmy’s dress.]
Cross-examined – Holditch nearly always wore Crimean shirts of the one pattern.
Elizabeth Game identified a peculiar button which she said she had seen on Holidtch’s waistcoat.
James Bell – Had exchanged spectacles with Holditch; there were two peculiar scratches on the right eye glass of the spectacles he gave Holditch; [upon examining the glass produced recognized similar scratches]; had frequently examined the spectacles with a magnifying glass.
T. Carter – Optician – described Holditch’s dress, and recognized the patterns shown as similar; Holditch always wore spectacles; had mended spectacles for him; on the right eye glass was scratched; the scratches on the glass produced were similar, but could not swear positively that it was the glass he had fixed in the right eye of Holditch’s spectacles.
John Capewell – Knew both prisoner and the deceased, and also the late G. Barker, in whose employ Davis and Holditch has been engaged together; the prisoner Davis was discharged to old Jimmy Holditch; had also head him call the deceased a ‘pig’ and a ‘swine’; Holditch was intimate with Cody, and was in the habit of visiting her in Davis’ absence; was present when the body was hauled on to the beach; saw Mrs. Cody there, and heard her exclaim that when she first saw him she though it was her husband Cody, upon which the male prisoner ordered her to return to the house; Cody and the deceased bore some resemblance to each other.
Cross-examined – Had not seen Davis and Holditch together since they left the employ of Mr. Barker.
Re-examined – Saw Davis in Fremantle about half-past * on Saturday night previous to the morning on which the body was discovered.
James MacIntyre – Saw Davis on the day after the discovery of the body; he was then accompanied by Cody; said what a sad thing about old Jimmy; he replied ‘serve the old b------ right’; Cody said ‘Oh my God when I looked at his he looked so much like Cody that I nearly fainted; Davis told Cody then to ‘come along, I don’t want to stop here all day;’ they left, quarreling, and Davis said, ‘whata do you want to talk to him for;’ subsequently saw Cody in the shop, and while cutting beef she saw some congealed blood and said ‘oh my God,’ and went out; Davis walked to the far end of the shop; Cody stopped outside; went out to her; asked her if she was ill, when she said ‘ the sight of that blood so reminded me of the murder of old Jimmy that I nearly fainted.’
H.W. Devenish – Clerk to Magistrate; Mr. Slade held an inquest on the body of Holditch; Davis gave evidence; the evidence was reduced to writing, and signed by the Magistrate [evidence read.]
Dr. Mayhew - Assist. Colonial Surgeon; received from the police an axe handle; some pieces were cut off which I returned to Sergt. Regan; also got a piece of check shirting, and cut a piece out; I put the piece in distilled water; put the shavings into the white of egg to test them; also handed over the distilled water in which the axe handle had been immersed, to Mr. Glass; pit no foreign matter in the jars; Mrs. Molloy was the only person that had access to the room in which the articles were deposited.
Mary Molloy – Matron Colonial Hospital. No one had access to the room but Dr. Mayhew and myself.
John T Glass – Anylitical chemist &c. had tested that plaster with glycerine; after; allowing the solution to remain 3 days, placed it under the microscope, and found unmistakable evidence of blood; it was the blood of a mammal, not the blood of a fish or reptile; it is impossible to tell what class of mammalia the blood belonged to; were the blood not dry, could tell; took four samples from a coat; found not the slightest trace of blood; could clearly distinguish blood in the other sample of plaster, and in one instance found a clot; believed it was human; tested the sleeve of the shirt and found traces of blood; the piece of axe handle found rich in blood corpuscles : all the samples except two contained blood; the sampled altered in size but not in character.
Cross-examined – No chemical difference in blood of man or animal.
This was the case for the Crown; there were four witnesses Cavanagh, Butler, Margaret Morrel, Mrs. Jones, who them Attorney-General did not think it necessary to call, but if Mr. Parker wished to examine them he could.
Mr. Parker desired that they should be examined and placed in the witness-box.
E. Cavanagh by Mr, Parker – Was fishing at Rocky Bay, on the 4th March, near Davis’s home but on the opposite side of the river’ heard a sound about 9 o’clock; heard another sound about half an hour after; it appeared as if a man got a stroke or had fallen down; sound came from direction of Davis’s; noticed a fire; at appeared as if it blazed and then went down; it was five minutes to eleven when he got home; crossed the bridge in returning; saw no light in or near Davis’s.
Cross-examined – Did not look to see if there was any light; might have been fishing an hour and a half after he heard the shout.
P. Butler – Was fishing with Cavanah on the night of Holditch’s death at the Black Rock’ left off fishing about a quarter past ten; saw a light about ¼ past nine in the direction of Davis’s; the light blazed up at intervals; heard a noise from the other side of the water about ¼ past nine; [corroborated Cavanah’s evidence].
Cross-examined – Heard nothing but talking on the other side of the river; the fire was flare-up light.
Margaret Morrell – The day Mrs Cody was locked up, saw her; she was the worse for liquor; on her being taken into custody she called out to some one passing ‘Polly you tell Cody I am taken into custody and tell him to come and pay my fine.
W. Jones – Showmaker – conversed with Davis previous to the death of Holditch; Davis while Barker’s horses were passing, said ‘Holditch was a rogue, not for me but for his master.’
Sergt. Dale – Lately visited Cody while she was in jail, and asked her, if she was offered a free pardon would she state the truth; she replied ‘I know nothing at all about it;’ I was requested by a higher authority to offer her this pardon.
Mr. Parker for the defense, and the hon, the Attorney General for the prosecution, made very able speeches, which, we regret, want of space compels us to omit. His Honor occupied a considerable time in summing up, the Court being crowded almost to suffocation throughout both days, but especially when the judge was wading through evidence. The Jury retired and after being absent for half an hour, returned and delivered a verdict of GUILTY.
Upon being asked if they had anything to say why the sentence of death should not be passed upon them Davis said – ‘As there is a Great God in Heaven those hands I show you now and this heart are entirely innocent of any part in or intention to commit the charge I am found guilty of. Cody also stated that both Davis and herself were innocent.
His Honor concurred in the verdict of the jury, and told the prisoners they need expect no mercy to the murdered man. The prisoner Cody became very loquacious, and His Honor addressing her said ‘I am afraid you do not recognize the serious situation in which you are placed. Send for a Minister, and make the best use of his services for the salvation of your soul the short time you have to live will permit you.’ Mrs. Cody replied – ‘Mind your own business, I can take care of myself.’ His Honor – ‘Remove the prisoners.’ The prisoners were removed – the female all the while vituperating in an uncomplimentary strain. The prisoner Davis assumed a most stolid demeanor during the sitting and retained it until the finale.
Transcribed from - trove.nla.gov.au/newspaper/page/723763
Criminal Session
Before his Honor the Chief Justice
Wednesday, 5th July 1871
Willian Davis and Margaret Cody, charged with the murder of James Holditch, on the 4th March last.
Mary Ann Lavery- Was driving cattle along the bank of the river on Sunday morning, the 4th March, and observed an object in the water. On closer inspection she found it was the dead body of a man, partially immersed, She informed some boys, who were playing near the spot, of the fact. This was opposite the prisoners’ house, at North Fremantle.
George Gibbs said he was a labourer, and that, on the Sunday morning in question, he went to Davis’s house. When he entered, the prisoner Mrs. Cody was lying on the bed, and he heard her call the male prisoner a ‘convict and a b------ murderer.’ Witness and Davis went out, and were met by two boys, who informed them that a dead body was lying in the shallow part of the river. On proceeding to the spot they observed the body, and the prisoner Davis stripped, and they dragged the body on to the beach. There was a wound on the back of the head and wounds on the other parts of the body. They covered it with a cloth, and shortly afterwards the female prisoner came down to them, and, on the cloth being removed, said, ‘My God! It is so like Cody.’ Davis told her to hold her tongue, and go back to the house. Constable Fee then came up, and they placed the body in a cart, and it was conveyed to the dead-house. Witness and Davis began to talk incoherently, at which the male prisoner became furious, and threatened to smash her head with a plate if she did not hold her tongue. Witness observed that the walls of the house where the prisoners lived had been recently whitewashed, and the floor likewise so recently that the whitewash was sticky, and adhered to the soles of his boots. In cross-examination witness stated he had often heard the woman Cody apply the epithets ‘convict and murderer’ to Davis when they quarreled.
W.H. Dickey – Asst. Col. Surgeon. On 5th March examined a body in the dead-house; there was a cut 4 inches long at the back of the head – a contused wound’ the left eye was also contused, and at the angle of the jaw was a cut about 2 inches long; on the back of the right hand also a contused wound, and superficial abrasions on the lower portions of the thigh and leg’ the toes had been eaten by crabs or fish’ the abrasions supposed to have been caused by dragging over hard surface; all signs of death by drowning were absent; believed that death was caused by the blow at the back of the head; it might have been caused by a fall from a distance on to a piece of timber.
Annie Phillips – Knew Mrs. Cody for the last 6 or 8 months; knew Holditch. Remembered hearing of a body having been found in the river about 4th March Mrs. Cody was in the habit of visiting her hosue; remembered the inquest being held on Holditch; saw Mrs. Cody on that day; in speaking of Holditch’s death Mrs. Cody said that all that was got from old Jemmy was £2, and that was got without murdering him. When Mrs. Cody saw the man taken out of the water she told me she fainted. Mrs. Cody, upon my asking her, said old Jemmy’s clothes were in the water; she then asked me to go into the bush with her, as she was frightened on account of old Jemmy being murdered up there; surmised the bush meant Mrs. Cody’s house.
Cross-examined by Mr. Parker – Am sure that Mrs. C. would say anything while under the influence of drink; Mrs. Cody was not drunk, but had been drinking.
P.c. Rowe stationed at Fremantle – Knew a the prisoners, who lived ½ a mile from the North Fremantle Bridge; Mrs. Cody was living with Davis; on the 19th Marsh Mrs. Cody was arrested for being drunk, and Davis on the charge of Murder; on the 20th went with Corpl. King to the place where the prisoners resided; the first thing found was the handle of a grubbing-how (produced); when the stick was found there was a hair on it, and the stick was discoloured; the marks have since been cut out; Mrs. Cody stated she had used the stick while washing; all except one spot has been obliterated; found the stick in the tool-house; found a coat in a box inside the house occupied by prisoners; the coat had been recently washed and ironed and neatly folded up; some pieces have been cut out sincehe handed it to Mr. Glass; made a further search and saw an ash-heap crusted over by rain’ the ash-heap had not been disturbed; in searching the ash-heap found a spectacle glass, two buckles, four large buttons, one stone button, and one shirt button, twenty-two boot sprigs, and some pieces of burnt cloth; afterwards shifted ashes and found a piece of Crimean shirting, pieces of braid and white flannel, a piece of tinder of Russell cord, with a braid attached, and a white China button of a peculiar pattern, some pieces of burnt leather, with sprigs in them, some more sprigs, buttons and some burnt printed calico rags; on the 19th March saw Mrs. Cody go into Annie Phillip’s house; followed her in; she said she passed the night of the 4th March at Davis’s; questioned her in the house; she then asked him outside, when she said, ‘You want to know who murdered old Jemmy. I can tell you. I heard his voice – what mush have been his last words.’ She heard the voice from Davis’s just after she got home; the sound came from Lavery’s said Mrs. Lavery and her son murdered old Jemmy. She wanted him to arrest them.
Cross-examined – Mrs. Cody was sober at 12 o’clock when I saw her.
Re-examined – Examined the walls of Davis’s house and saw several marks on them, and cut out some of the plaster (produced); Mr. Glass also took some scales off the wall; the appearance of the marks was as if they had been made by a splash.
Sergt. Regan – Found an adze handle in Davis’s house, on the 19th March – some pieces of it were taken out by Dr. Ferguson since; in Davis’s house also found a shirt, sheeveless; Davis was there, and said he had not worn it for 12 months; took him into custody for the murder of old Jemmy; upon searching the dunghill at the rear of the house, found a fragment of burnt rag; between Davis’s house and the river found a portion of the sleeve of a shirt; a piece has since been cut out by Dr. Ferguson and Mr Hayhew; took some scales from the wall, and gave them to Mr. Glass.
Cross-examined Mrs. Cody – told me that Leveridge only was the murderer; the ash heap is from 12 to 15 yards from Davis’s house; there is a pathway leading from the house to the ash-heap, but this pathway leads also to the closet; there was no other track leading form the heap to any other house.
P.C. Moan – Knows prisoners; saw Mrs. Coady at Rose’s on 19th March; she was drunk; took her into custody; asked me why I took her into custody and said she knew who murdered old Jemmy; on the way she met Black Poll and asked her to go and tell Davis she was taken; she also told me it was not Davis but Lavery who had murdered him that she has been to the session before and would go again.
Corpl. King – Mrs. Cody told him old Jimmy had been killed in Lavery’s dairy; said she heard his last dying words, which were ‘twarnt me, twarnt me’; that she knew all about the murder; she thought he had locked her up about old Jemmy. Some time after took some stained plaster form Davis’s house; was present when Rowe found the things produced by him.
Cross-examined – There is another ash heap in the back garden; there is but one track to the one in the front of the house.
Jane Lavery – Widow; lives 2 miles from Fremantle; about a quarter of a mile from where Davis lived; knew Holditch; saw him last in February; saw him dead on Sunday; Saturday was Mrs. Cody’s usual washing day, but the Monday following the finding the body saw clothes handing on Mrs. Cody’s line.
W. Lavery – Was at Fremantleo n the Saturday in question, and returned home at about 10 minutes past ten; mother let me in; Holditch was not in our dairy that night; saw him alive three weeks previously.
Cross-examined – Passed by Davis’s on returning; saw no light at 10.
J.W. Howe – On the 4th March last saw both prisoners at about 8; saw her in Harwoods; left them about 10 and they went homewards; gave adze handle produced to Davis (the prisoner); it has formerly been used for the purpose of hanging carcases of sheep, but this was many months before it was given to the prisoner.
James Mackie – Lives with his father who keeps a shop at North Fremantle Road; remembered Davis coming to his father’s shop about 10o’clock on Saturday night, the 3rd March; Davis asked for a corkscrew, and with it opened a bottle of spirits, a portion of which he imbibed; knew it was spirits by the bouquet; heard on Sunday morning the Holditch was dead.
J. McGregor – Lives at North Fremantle; Saturday previous to Holditch’s death Davis got a loaf of bread from him. Also a corkscrew and drew a cork out of the bottle; he drank some of the contents.
Cross-examined – Did not see Mrs. Cody with him.
P. Church – Lives North Fremantle Road; knew Holditch well’ he passed his door on 4th March about half-past 8, going towards the bridge; he had on a white ‘billycock’; heard on Sunday, he was dead.
Cross-examined – The witness, in endeavoring to describe the locality of his residence, said he ‘lived next door to the tinman and the tinman lived next door to him’; after Holditch passed his house, he did not see him or his companion return.
Elizabeth Downs – Saw Holditch on Friday; said he was going to get some money; he went away; had not seen him since; [described Holditch’s dress; thought the samples produced were the same material he wore when she last saw him; identified a buckle.]
Upon being cross-examined by Mr. Parker, she said she could not positively swear to anything.
The Court then rose.
Thursday, July 6
Alice Smith – Lives Fremantle; knew Holditch; saw him last on 2nd march; described his drewss which corroborated the evidence of E. Downs; had sewn one bone and one brass button on the trousers he wore on 2nd March; [the several articles found by p.c. Rowe in the ash heap near Davis’s were shown to the witness who said upon carfully examining them that they were of the same patter as constituted a part of old Jimmy’s dress.]
Cross-examined – Holditch nearly always wore Crimean shirts of the one pattern.
Elizabeth Game identified a peculiar button which she said she had seen on Holidtch’s waistcoat.
James Bell – Had exchanged spectacles with Holditch; there were two peculiar scratches on the right eye glass of the spectacles he gave Holditch; [upon examining the glass produced recognized similar scratches]; had frequently examined the spectacles with a magnifying glass.
T. Carter – Optician – described Holditch’s dress, and recognized the patterns shown as similar; Holditch always wore spectacles; had mended spectacles for him; on the right eye glass was scratched; the scratches on the glass produced were similar, but could not swear positively that it was the glass he had fixed in the right eye of Holditch’s spectacles.
John Capewell – Knew both prisoner and the deceased, and also the late G. Barker, in whose employ Davis and Holditch has been engaged together; the prisoner Davis was discharged to old Jimmy Holditch; had also head him call the deceased a ‘pig’ and a ‘swine’; Holditch was intimate with Cody, and was in the habit of visiting her in Davis’ absence; was present when the body was hauled on to the beach; saw Mrs. Cody there, and heard her exclaim that when she first saw him she though it was her husband Cody, upon which the male prisoner ordered her to return to the house; Cody and the deceased bore some resemblance to each other.
Cross-examined – Had not seen Davis and Holditch together since they left the employ of Mr. Barker.
Re-examined – Saw Davis in Fremantle about half-past * on Saturday night previous to the morning on which the body was discovered.
James MacIntyre – Saw Davis on the day after the discovery of the body; he was then accompanied by Cody; said what a sad thing about old Jimmy; he replied ‘serve the old b------ right’; Cody said ‘Oh my God when I looked at his he looked so much like Cody that I nearly fainted; Davis told Cody then to ‘come along, I don’t want to stop here all day;’ they left, quarreling, and Davis said, ‘whata do you want to talk to him for;’ subsequently saw Cody in the shop, and while cutting beef she saw some congealed blood and said ‘oh my God,’ and went out; Davis walked to the far end of the shop; Cody stopped outside; went out to her; asked her if she was ill, when she said ‘ the sight of that blood so reminded me of the murder of old Jimmy that I nearly fainted.’
H.W. Devenish – Clerk to Magistrate; Mr. Slade held an inquest on the body of Holditch; Davis gave evidence; the evidence was reduced to writing, and signed by the Magistrate [evidence read.]
Dr. Mayhew - Assist. Colonial Surgeon; received from the police an axe handle; some pieces were cut off which I returned to Sergt. Regan; also got a piece of check shirting, and cut a piece out; I put the piece in distilled water; put the shavings into the white of egg to test them; also handed over the distilled water in which the axe handle had been immersed, to Mr. Glass; pit no foreign matter in the jars; Mrs. Molloy was the only person that had access to the room in which the articles were deposited.
Mary Molloy – Matron Colonial Hospital. No one had access to the room but Dr. Mayhew and myself.
John T Glass – Anylitical chemist &c. had tested that plaster with glycerine; after; allowing the solution to remain 3 days, placed it under the microscope, and found unmistakable evidence of blood; it was the blood of a mammal, not the blood of a fish or reptile; it is impossible to tell what class of mammalia the blood belonged to; were the blood not dry, could tell; took four samples from a coat; found not the slightest trace of blood; could clearly distinguish blood in the other sample of plaster, and in one instance found a clot; believed it was human; tested the sleeve of the shirt and found traces of blood; the piece of axe handle found rich in blood corpuscles : all the samples except two contained blood; the sampled altered in size but not in character.
Cross-examined – No chemical difference in blood of man or animal.
This was the case for the Crown; there were four witnesses Cavanagh, Butler, Margaret Morrel, Mrs. Jones, who them Attorney-General did not think it necessary to call, but if Mr. Parker wished to examine them he could.
Mr. Parker desired that they should be examined and placed in the witness-box.
E. Cavanagh by Mr, Parker – Was fishing at Rocky Bay, on the 4th March, near Davis’s home but on the opposite side of the river’ heard a sound about 9 o’clock; heard another sound about half an hour after; it appeared as if a man got a stroke or had fallen down; sound came from direction of Davis’s; noticed a fire; at appeared as if it blazed and then went down; it was five minutes to eleven when he got home; crossed the bridge in returning; saw no light in or near Davis’s.
Cross-examined – Did not look to see if there was any light; might have been fishing an hour and a half after he heard the shout.
P. Butler – Was fishing with Cavanah on the night of Holditch’s death at the Black Rock’ left off fishing about a quarter past ten; saw a light about ¼ past nine in the direction of Davis’s; the light blazed up at intervals; heard a noise from the other side of the water about ¼ past nine; [corroborated Cavanah’s evidence].
Cross-examined – Heard nothing but talking on the other side of the river; the fire was flare-up light.
Margaret Morrell – The day Mrs Cody was locked up, saw her; she was the worse for liquor; on her being taken into custody she called out to some one passing ‘Polly you tell Cody I am taken into custody and tell him to come and pay my fine.
W. Jones – Showmaker – conversed with Davis previous to the death of Holditch; Davis while Barker’s horses were passing, said ‘Holditch was a rogue, not for me but for his master.’
Sergt. Dale – Lately visited Cody while she was in jail, and asked her, if she was offered a free pardon would she state the truth; she replied ‘I know nothing at all about it;’ I was requested by a higher authority to offer her this pardon.
Mr. Parker for the defense, and the hon, the Attorney General for the prosecution, made very able speeches, which, we regret, want of space compels us to omit. His Honor occupied a considerable time in summing up, the Court being crowded almost to suffocation throughout both days, but especially when the judge was wading through evidence. The Jury retired and after being absent for half an hour, returned and delivered a verdict of GUILTY.
Upon being asked if they had anything to say why the sentence of death should not be passed upon them Davis said – ‘As there is a Great God in Heaven those hands I show you now and this heart are entirely innocent of any part in or intention to commit the charge I am found guilty of. Cody also stated that both Davis and herself were innocent.
His Honor concurred in the verdict of the jury, and told the prisoners they need expect no mercy to the murdered man. The prisoner Cody became very loquacious, and His Honor addressing her said ‘I am afraid you do not recognize the serious situation in which you are placed. Send for a Minister, and make the best use of his services for the salvation of your soul the short time you have to live will permit you.’ Mrs. Cody replied – ‘Mind your own business, I can take care of myself.’ His Honor – ‘Remove the prisoners.’ The prisoners were removed – the female all the while vituperating in an uncomplimentary strain. The prisoner Davis assumed a most stolid demeanor during the sitting and retained it until the finale.
Transcribed from - trove.nla.gov.au/newspaper/page/723763
