BARRINGTON ASSIZES
(COURT BULLETIN – YARMOUTH LIGHT JUNE 20, 1893)
Supreme court opened here at 10:00a.m. today, Chief Justice MacDonald presiding. The barristers in attendance were N.W. White Q.C., F.C. Blanchard, E.H. Armstrong, F.T. Congdon , J.T. Bulmer, E.N. Clements, and E.M. Bill.
At quite an early hour a fairly large crown had gathered about the courthouse, some of whom had come from places fifteen or twenty miles away. For a while after the doors had been flung open and the officials had taken their places, fresh arrivals were continuing to fill up all the space set apart for spectators till. There was no more room, except on the stairs and in the hallway below which were pretty well thronged during the afternoon. On no similar occasion in this town, has such an amount of interest been shown. Nor is it to be wondered at, since a case most unusual in the community, was expected to come before the court at it’s present session.
Mrs. Alice Wrayton of Emerald Isle was held to appear and answer to the charges of having caused the death of William Thurston, a friendless and half-witted man who had worked on the Wrayton premises for several years past. There has been, as most of our readers are aware, two inquests followed by an examination before two Justices of the Peace as a result of which Mrs. Wrayton was committed for trial on a warrant which ran thus:
"Whereas Alice Wrayton was, on the 9th. day of March 1893 charged before us, Thomas W. Watson and Joseph H. McKay, Justices of the Peace in and for the County of Shelburne, on the oath of James D. Densmore coroner and others , for that the said Alice Wrayton of Emerald Isle, between the twenty-first day of December 1892and the 24th. day of December 1892 and also on diverse other occasions during the said year of 1892, then being the mistress of William Thurston her servant and being legally liable to provide for the said William Thurston, as her servant aforesaid, necessary food and clothing, unlawfully, willfully and without lawful excuse did refuse and neglect to provide same, so that the life of the said William Thurston was thereby endangered; also for that the said Alice Wrayton, then being the mistress of William Thurston her servant, unlawfully and maliciously did bodily harm to such servant, so that the life of such servant was permanently injured."
Notwithstanding the interest, there was no sign of morbid curiosity and not a woman was to be seen in the role of spectator.
The morning had been overcast which threatened rain, but soon the clouds rolled away and the sun came out in full strength and the air inside began to grow close and hot. Still the audience endured it without flinching. Whether seated at ease or standing on tip-toe away back and peering over the front rows of heads to take in every part of the proceedings, all appeared to be waiting patiently and quietly for important developments, which however were not so soon to be brought on as had been generally expected.
The names of the Grand Jurors being called, all responded but one, who was absent owing to illness. They were: T.W. Robertson (Foreman) David K. Smith etc. (24 names) Mr. Covert was relieved from serving as Grand Juror owing to his being Deputy Sherriff and having a mail contract to look after, besides filling some half dozen other positions which might require his attention elsewhere. Sherriff MacLean says the attendants, both on Grand and Petit Juries, is the most complete and the fines specimen of men he has ever seen in that service in the municipality. Now from about twenty men summoned for the purpose, all of whom answered as present, the Petit Jury was drawn as follows: (9 names) His Lordship said that having only arrived in town this morning he had not yet looked over the depositions in the case of the Queen against Wrayton.
(A civil suit and three criminal cases were then taken up. 2 men and an woman accused of desecrating the Wood’s Harbour Cemetery, a man for breaking and entering and another man charged with an unnatural crime.)
In giving to the Grand Jury the Thurston case, his Lordship observed that it was a matter which had created considerable local excitement, but all that had been talked or written about in the papers should be rigorously excluded from the minds of the Jury, nor should they be in the least influenced except by facts as they should be found in the privacy of the Jury room. So far as he had examined the depositions, they had been taken by men not deeply versed in legal matters and some things had been recorded which were not evidence. Still these papers set forth clearly enough the nature of the offence of which Mrs. Wrayton was accused. It was charged in the indictment that this woman had a duty cast upon her by law to feed and cloth William Thurston as her servant and that he died in consequence of her willful neglect to provide for him in that manner.
Now the duty of the master or mistress to the servant was in one respect like that of a parent to a child. The law makes it binding in both instances to supply sufficient food and clothing. This legal obligation does not arise under any express contract, or in other words the absence of written agreement makes it non the less valid. The first duty of the Jurors was to determine the nature of the relationship between the deceased and the woman charged. The testimony of her own son went to show that Thurston was her servant. If the Jurors found indeed that the relationship was such, they could have little difficulty coming to a decision on that point. If this man worked without wages, they should find Mrs. Wrayton responsible for his proper maintenance and welfare so far as she could reasonably provide for the same. His Lordship then briefly reviewed the facts upon which they were asked to pass and cautioned them that they were not by any means to try the case, but to determine a careful examination of the depositions, whether there was sufficient evidence to warrant the case being brought before this court for trial.
(This made but a brief break in the insurance case and interest waned as the heat increased and only a few remained to hear the addresses of the learned councils when at 6:00 p.m. the court adjourned)
BARRINGTON ASSIZES
JUNE 21, 1893
There was a better chance to breath this morning when court resumed, for the crowd was only half what it had been the day before. The Grand Jury busied themselves with the Wrayton case and having a mass of evidence to go through , it was not probable their task would be finished before Thursday. (The rest of Wednesday was taken up with a breaking and entering case.)
JUNE 22, 1893
On court resuming this morning, the Grand Jury entered and reported finding a true bill against Mrs. Wrayton for manslaughter and she was accordingly brought into court. She came in attended by Mr. Clements and Miss Lettie Wilson and took her seat near the table occupied by the lawyers employed to defend her, N.W. White, Q.C., J.T. Bulmer of Halifax and E.N. Clements of Yarmouth. F.T. Congdon of Halifax and E.M. Bill of Shelburne appeared on behalf of the crown. Mrs. Wrayton looked a little pale and careworn, but she walked with a firm step and showed not the least sign of agitation. When this grave charge was read over to her, she seemed to listen closely to every word and when the usual question was put she answered in a clear, steady voice "Not Guilty"
A few jurors were challenged by both the prosecution and defense, but there was not much difficulty or delay in securing a full panel.
Adelbert Nickerson, the first witness called, testified: I reside at Shag Harbour and know the prisoner. I visited Emerald Isle where she resides on December 24th. last, about 9:00 in the forenoon. Two boats went on at the same time. George Wrayton was with me, Capt. Larkin and Maude Wrayton went with the other boat. When we got to the door, Mrs. Wrayton came out and told us Billy was dead. She said on the afternoon of the 22nd. of the same month, she and Thurston were in the barn when the door blew to and struck him on the head, causing his nose to bleed freely. After that she went into the cooper shop and she heard the children screaming in the other part of the house. She went in and saw him making at them. He came at her, but she kept him off and got him into another room. After she had talked to him some, he said that if she would give him matches he would go and light the light. She gave him the matches and he went out. Seeing no light shortly after she proceeded to the lighthouse to see what was the matter. She saw Thurston down by the edge of the bank crawling on his hands and knees and being asked, he said he fell down. She tried to get him in the house, but not being able to do so, left him. It was cold and she was nearly frozen herself. After Mrs. Wrayton told this, George Wrayton, Capt. Larkin and myself went to look for the body. We found it about 70 yards from the house.
CROSS EXAMINED BY BULMER:
I cannot say how far it is from the lighthouse to the farthest point and can’t tell how much of the ground is cleared. The field is cleared, but there are some rocks in it. It is 400 yards from where we landed to the lighthouse. The night of the 22nd was stormy, but a boat could have gone to the island alright.
AFTER NOON RECESS
Fred Greenwood sworn in: I live at Shag Harbour and knew Wm. Thurston and the Wraytons. I last saw Thurston alive on the 22nd of December last. Saw him in the store room on that day between one and two o’clock p.m. He was at work and Mrs. Wrayton was in the barn I asked for some matches and went into the house to get them. I came back and afterward went to another part of the island. Returning, again I saw Thurston that same day, between the barn and store barn.
Noticed his boots were burst open behind and saw his bare heel with snow in abound it. He had on an old pair of black oil pants, all torn and an oil jack, I think it was yellow. It was torn off around the bottom. I went close to him and looked at him. He had a hat on his head tied under his chin with cod line. He was going to the store barn. It was quite cold with a breeze from the north west. I next saw him at a quarter to four when I went into the barn. Thurston and Mrs. Wrayton were there. He was behind the cows and she had a stick in her hand. It looked like the rung of a ladder about 18 inches long and 1 ½ inches in diameter. I did not speak to either Thurston or Mrs. Wrayton. Did not see anything unusual. I next saw Thurston, dead at the inquest before Coroner Schrage. The body was in the store barn. The coroners jury was present. Then he had on an old pair of pants, torn considerably and no socks on his feet. He had on the same boots and the same shirt that I had seen him wear. He had a mitten on his left hand and there was some blood on it. His face was scarred and I saw impressions of a rope around the wrist. Marks indicated that the rope had been drawn outwards. He had no socks on. When I saw Thurston on the 22nd I did not notice his face particularly. After viewing the body we went to the house. I was one of the jury. Mrs. Wrayton told her story. (No evidence taken at first inquest) Remember Mrs. Wrayton said she found the body between the lighthouse and the house and could not get him in. At the inquest she showed us oil pants, nearly new and said they were what Thurston wore that day. She also showed us slippers and overshoes. I saw Thurston the day of his death, the 22nd and the oil pants she showed were not the ones he wore that day. The latter were dark and all to pieces. At the inquest we signed a blank paper and went to examine the barn floor. Found no trace of blood. I found in the barn, down behind some barrels, the old oil pants he had on when I last saw him alive. All the jury left the island after the inquest.
Cross-examined by Mr. Bulmer:
Never before at an inquest as a juror. I have I seen quite many dead bodies before. I went in with Dr. Schrage. I was the third man in the barn. I saw the dead body on the 28th , death took place on the 22nd. I signed a blank piece of paper. Did not point out to the coroner the marks of rope on the wrist. The coroner said it was none of our business how the deceased came to his death. We had only to say how we found him. I can swear it was the marks of a rope on the wrist. Dr. Schrage did not examine the body in my presence. Silas Connell cut the pants off by direction of the coroner. I found the old oil pants behind the barrel in the barn. I don’t remember whether I said anything about the barrels at the preliminary hearings. They were on the floor behind the barrels against the post. .
Dr. C.M. Freeman testified:
I am a Doctor of medicine registered in this province. I attended the inquest held at Shag Harbour on the body of Wm. Thurston. Dr. J. D. Densmore was coroner. I saw Abram Nickerson then. I made a postmortem examination assisted by Dr. Fox of Pubnico. I gave attention chiefly to the head. Dr. Fox dealt with the internal organs. Appearance of the body indicated a man of about 150 lbs. Weight. The body was in advanced state of decomposition, particularly the head. Features were somewhat effaced. I carefully examined the head and found no fractures or indentations of the skull. I found what I considered to be the result of a blow behind the right ear extending toward the back of the head. I saw also a small contusion on the left temple. There was also a small lacerated wound on the left side of the upper lip. I removed the pericranium and took out the brain. I found a layer of coagulated blood between the skull and the covering, corresponding with extent and situation of external contusion. There was no effusion of blood under the marks on the temple. The pericranium seemed to be in normal condition. I found the brain to be under the standard size. Judged it weighed 32 oz., the standard weight is about 48 oz. The brain appeared to be in a healthy condition at death. No lesions between the membrane and the brain itself. Both sides of the brain were alike, the convolutions were well marked. (To Mr. Congdon) There is no way of determining from the contusions by what agency it was produced. A blow of that severity would produce partial unconsciousness, faintness and inability to move. It would not necessarily be fatal. This rule is not invariable, sometimes a slight blow, producing concussion of the brain would cause death instantly. I do not think the blow in question would be fatal. It might cause temporary paralysis. There is no way of judging how long this state would last. I made sections of the heart and found it to be perfectly healthy. The lungs were also in good condition. I opened the stomach which was in a very healthy state and took out contents of about 16 oz. of partially digested food. It consisted of what looked like cornmeal or some preparation made from it. Could not say if it had been cooked. There was some pieces of meat in an uncooked state. Lower limbs were not much decayed. In case of such bruises there are methods to ascertain whether it was inflicted before or after death, but these are the class called incessed (?) wounds. I think this one was caused before death. I have not seen it laid down, but hold that after his temperature has fallen below 80 degrees, no coagulation would take place. I looked at the wrists and ankles. There was quite severe contusion on back of left hand from knuckles to wrist. There was a slight lacerated wound at the junction of the third finger of the left hand. I believe it was the affects of a blow. Marks of discolouration were all over the back of that hand. I saw marks as if rope had been around the wrist, but did not attach much significance to that. The arm had been brought close to the body to place it in the casket.
Mr. Bulmer testified – I am not a coroner. The body was well developed at death. Some loss of weight would occur due to decomposition. I stated in the inquest the body was well nourished. The stomach contained about 16 oz. of food. It was full. Hardly possible that the deceased died of starvation. Made no chemical or microscopical examination of contents. I made a horizontal section of the brain, but made no examination of the spine. The postmortem took about an hour and a half. (Witness described minutely the nature of the bruise behind the ear) Swelling would be an ante-mortem symptom, but with the hard tenacious scull there is hardly ever any swelling. Its absence in this case would not imply that the bruise was made after death. (Council sited at length, Taylor and other authorities) Witness continued – There was a small mark over the eye, not an indentation. I did not weigh the brain, but judged it to be 32 oz. The maximum for an adult male brain is 49 ½ oz. We consider weight under 37 oz. a sign of imbicility. I had known of a case of an imbecile who died quite suddenly. I am of the opinion that people mentally diminished are not so long lived as others. I did not examine the kidneys. There are a few diseases that would leave no apparent trace of what caused death. I attach more importance to the bruise on the back of the hand, as a mark of violence.
(To the Court) From what I saw at the postmortem, I found no indication that the deceased had been stinted food.
T.W. Covert testified – I exhumed the body of Thurston. It was buried on Emerald Isle. The body was in a nicely made casket and sewn up in a sheet. There was no other clothing. I observed a mark over one eye and another behind the right ear. The arms were drawn to the side and tied with a tine. The feet were tied in the same way. My attention was drawn to the left wrist. There was the mark of a rope on it and it was chafed. The mark was around the wrist and tending towards the fingers. I thought it made by a rope from the imprint of the strands. Abram Nickerson was present.
At this stage, a little daughter of Mrs. Wrayton was called by the prosecution, but the court, after some questions decided not to have the child sworn.
Dr. C.J. Fox testified - I am a doctor of medicine, registered and practicing in this province for eighteen years. I remember assisting at the postmortem in Shag Harbour on the occasion of the inquest before Coroner Densmore. The body was somewhat decomposed, features being largely effaced. Discolouration, the effect of decay was visable on various parts of the body. There was a contusion back of the right ear and another on the left temple. Also an abrasion on the upper lip and a contusion on the back of the left hand. I observed some callused spots about the ankles. I examined more particularly the heart, lungs, liver and stomach. I did not examine the kidneys. A blow to leave such marks on the head would be likely to stun a person. The indications were that it had been inflicted by a blunt weapon.
Note - This witness and two others were heard until 6:00 p.m. when court adjourned until 9:00 tomorrow. The jury were given charge of Deputy Sheriff T.W. Covert who conveyed them to Barrington in a squad and placed them in a room together with instructions not to let them separate until court resumes. The prisoner remained in custody of the jailor, accompanied by Miss Wilson.
Thursday’s proceedings continued……..
Dr. Fox continuing, said: From the nature of the contusion, the science of medicine could not determine, except in a general, way what instrument caused it.
Cross examined by Mr. Bulmer – Fox said:
In my opinion, the wound on the head was rather after death than before. I am strongly of the opinion that the bruise on the hand was before death, but do not attach any serious significance to the latter. There are several developments of disease which might possibly cause instant death and leave no visible signs in the organs, determinable even the most exhaustive analysis. I did not make a chemical analysis of the stomach. I would not swear that death was not caused by presence of something in the stomach. The contusions on the head might result in partial paralysis or stunning, but not probably did.
William Swain testified –
I saw Thurston several times in the fall. I did not consider he was properly clad. I did not think the clothes would keep me warm. I never saw the accused ill treat Thurston.
Working people about our shore are sometimes dressed in old and poor clothes.
Abram Nickerson sworn –
I know Emerald Isle. I live a mile and a quarter from it. My occupation is fishing. I knew the late Arthur Wrayton, husband of the accused. He was drowned a year ago last May. The accused has lived on Emerald Isle since that time. I knew the late Wm. Thurston and saw him there last summer, mowing and spreading hay. He was working for Mrs. Wrayton. He was a pretty smart kind of man if you left him alone. I was on Emerald Isle on the 24th day of last December. I went on with Eaton Nickerson and William Rodgerson. It was in the middle of the day. I saw Mrs. Wrayton in the kitchen of her house. I stayed for an hour or a little better. I was talking with Mrs. Wrayton a few minutes and Eaton Nickerson and William Rodgerson were present. I did not see the body of the deceased. Nothing was said by Mrs. Wrayton about his death. I did not hear of his death while on the island. Mrs. Wrayton’s house sits north and south and the front door faces east. The lighthouse is west, north west from the house about a hundred and fifty yards. The lighthouse is on the point. It sits near the bank or shore. The bank is not very steep. The ground between the dwelling house and the lighthouse is rocky, but quite level. The path between the two buildings is a little winding. I don't think there are rocks in the path. There are some large ones quite close to it. I first learned of Thurston’s death on the 24th of December last, in the evening after we returned to the mainland. I saw his body afterwards on the 28th of December, at the inquest in the store barn. I looked at the body. Had on an old pair of fishing boots, one with the instep and toes out. There were no socks. Had on two pair of old pants. They came down just inside his boot tops, probably two or three inches. Both pairs had holes in them and no braces. Had a shirt on. There was between four and six inches between the bottom of the shirt and the top of the pants. Had also an old oil jacket and a jumper, beside an old coat. The right hand lay across the breast squarely, the left hand was out straight from the side. I put my hand on the exposed part to see if it was frozen. The right hand seemed holding the coat together. The head was bare. The cut was over the right eye, probably an inch long. The lips were cut and the nose slewed around to one side. Blood was running out of his hands. Had one mitten coming up to ball of the thumb. The other hand was bare. I had no conversation with Mrs. Wrayton. We went up to the house. I was on the coroner’s jury. Mrs. Wrayton told her story to the jury. She said she and Thurston, on the 22nd. were down at the barn doing some chores for the day. She sent him up to the old barn for some hay. He came to the door with a load of hay on his back, when the door blew to and struck him, knocking him on the barn floor. His nose bled freely. She asked him what was the matter. He swore something, as usual. She told him they would not milk any more that evening, but do the rest of the work. He then went to the house. She followed and heard noises in the house. She found Billy quarrelling or fighting with the children. She drove him out and then he came and asked for some matches to go and light the light. She gave him some matches and paper and went to the lighthouse. Looking out a few minutes after, she saw that there was no light. She took a lantern and went to the lighthouse. When she got there she saw something crawling on the ground: supposed it was Billy. Then she lit the light and came out and saw crawling around. Asked him what was the matter and he said he hurt himself. She tried to get him to the house, but could not do so. Stayed there with him from dusk til about half-past seven, then left him and went to the house. It was cold and she was thinly clad. Others were present when Mrs. Wrayton made this statement. She was not sworn, no one questioned her. I examined some places on the premises. Went to see where they took the body from, Capt. Larkin went with us. The place where they found the body was between two little rocks about three feet from the path. I saw several spots of blood… Court adjourned until 9:00 a.m. Friday.
BARRINGTON, JUNE 23, 1893
Court resumed at 9:00 a.m. The prosecution continued.
Joseph Connell sworn – I reside at Bear Point. I was on Emerald Isle once or twice last summer. When there I saw William Thurston. He was working around the place. His pants were all in rags. It was summer time then. He had on an old oil jacket that was all to pieces, with one button at the bottom and one sleeve was gone at the elbow. Noticed nothing more at that time. His jacket was lashed together with line. His clothing was all torn and did not keep him covered. Had on his head a piece of cloth, the ends of which were tied under his chin. I saw him last time in a dory along side our vessel.
Cross-examined by Mr. White…..
I could not tell what underclothing he had on, either summer or fall. I do not know if the deceased ever wore braces. His pants had not slipped down. I saw flesh through holes in his clothing. Could not say what month in the summer I saw him first.
Angus Greenwood sworn – I reside at Shag Harbour near Emerald Isle. Last year I was on there about once a month. I knew Thurston. Saw him on the island working around. I saw him last on Sept. 18, 1892. He was coming from the house down to the shore. I saw Mrs. Wrayton at the same time with a stick in her hand trying to make Thurston pack a stick that four men could not cary. It was a wharf log. She was trying to make him put it on his shoulder. He told her he could not pack it. We went and helped him. George Wrayton and Clarence Nickerson went with me. We helped him carry the log to the house. Mrs. Wrayton walked along with us. That was the last time I saw him. Thurston appeared scared of her when I first saw him. He was running away from Mrs. Wrayton who had the stick in her hand. I will not say I saw her strike him. That was in September.
Cross-examined by Mr. Bulmer:
I talked over with some people what I saw. I don’t think I saw Mrs. Wrayton strike Thurston. I live about a mile from Emerald Isle. I was there when talk took place between Mrs. Wrayton and Thurston. I was about two hundred yards away. I am sure I could hear that distance. I was on the wharf, they were at the house, the log was on the bank not far from where we were.
By Mr. White- The log was half way to the house from where we were. It must have been a hundred yards.
Captain John C. Cunningham sworn –
I am well acquainted with Emerald Isle. (Shown a plan of Emerald Isle) I think the distances are pretty nearly correct. I judge it is three hundred feet from the wharf to the dwelling house. Probably it is five hundred feet from the dwelling house to the lighthouse. I have observed the embankment by the lighthouse. Have been along it quite frequently. I think the bank is three feet high above the beach. It slopes right off to the beach. Half way from the wharf to the lighthouse the bank is the highest. Near latter, the rocks of the shore mix with the bank. The shore is ragged there. The bell attached can be easily used. It would require no great strength to do so. Flagstaff is two hundred and fifty feet from the house. Signals are generally put up by a ladder attached to the staff. The signals in this way can be easily put up. Such signals would be conspicuous. Put on the flagstaff in the usual way would not be observed by a great many on the mainland. It might be seen by half a dozen families. The dwelling house on Emerald Isle can be seen from the wharf. The icehouse does not intercept the view. (Other places on the plan pointed out, positions explained, distances estimated – generally correct) I have not been on the island this year. I knew the deceased. Last saw him in July 1892 on Mrs. Wrayton’s premises. I suppose he was there as a labourer. I have no knowledge of the terms on which he worked. I knew of him living on the place in 1891 and 1892.
Cross-examined by Mr. Bulmer –
I have not been on the island since last July. Made no examination of the locality since. Some islands intervene between Emerald Isle and the mainland, shutting out from view the former from all but a dozen houses on the latter. I know nothing of the Seal Island. Do not know of any change in maps made by coast survey. That would not apply to harbours or islands in them. The coast might change.
George E. Kenny sworn –
I was on the island about the middle of August last year and saw Thurston between six and seven that evening. I could not say what clothes he wore. Saw him again in September following. George Wrayton, son of the accused was present. Noticed nothing particular on this occasion. Never saw him to my remembrance after that.
The prosecution here closed. .
Mr. White opened for the defense saying that this was a very serious and criminal charge made against a woman and in this instance one difficult to meet as there was no one on Emerald Isle on the 22nd of December, but the accused and her infant family and until the expiry of seven days, when the new act relating to witnesses in criminal cases would come into force, the mouths of the prisoners were closed and Mrs. Wrayton, in this case could give no evidence or explanation. That the charge was exceedingly indefinite. Evidence had been put forward with a view to proving Thurston’s death was caused by a blow on the back of the head. And again that was to be accounted for by her neglect to provide him with food and clothing. He pointed out to the jury that no cause of death had been proven, that the bruises on the back of the head were not shown to have resulted fatally, there was no evidence whatever to connect Mrs. Wrayton with any violence to Thurston and both doctors swore that the bruise might have been caused by a fall. He reminded the jury that both doctors and other witnesses proved that the deceased’s body was plump and well nourished.
In regard to the ragged cloths shown, it must be remembered they were not all here. Capt. Larkin did not suppose when he removed the clothing that they would again be brought in requisition. He cut tore and ripped them and it was no wonder they were in such a state.
It may be that he fell, and his death caused in that manner, could we then say Mrs. Wrayton was responsible for it? What are the facts? Billy goes out to the light. Mrs. Wrayton, finding the light was not lighted, took the lantern and went out. This fact shows it was dark. On returning, she finds him on his hands and knees and he said he had hurt himself. She stayed with him and tried to induce him to roll over toward the house. When she could not assist him she went back to her small children. I ask you, what else could she do?
The prosecution has told us no blood was found on the barn floor. It was proved how the door was hung. It was proved how it blew and knocked him down. Carrying the hay in his arms, would he not fall forward on it? Would the blood not fall on the hay and leave no stain on the floor? Another thing, if Billy had been ill treated, he would surely have complained to those who would only have been too glad to repeat it. But testimony failed to show he ever uttered a word of complaint. Taking all these facts into solemn consideration, the learned counsel trusts the jury would have no hesitation in acquitting the accused.
The defense called the first witness. Captain E. Larkin then testified.
I am a master mariner. I have been to sea 30 years and have been master for 17. I reside at Shag Harbour. I have know all the Wrayton family a long time. I am 45 years old. I remember the 22nd of last December. It was a storm and a gale of wind. George Wrayton and his sister Maud came there from Barrington to get to Emerald Isle.
The storm was so violent my wife and I did not think they would be able to get from Barrington, to my house on the mainland. They got to my house about dusk. They could not have crossed to Emerald Isle that evening in the small boat he was in. The wind increased later in the evening with continued snow squalls. I judged it blew from 50 to 60 miles per hour. It was growing colder all the time. The weather the next day was still worse. It was one of roughest winter days. My attention was directed to the weather because I wanted to get on the island. The evening of the 23rd was about the same, but it moderated a little during the night. I never saw the island during the 23rd . If I had watched constantly I might have seen it. I know what kind of bell is at the lighthouse. I used it a long time myself, on board my vessel the Giffon, until Mr. Wrayton bought it at an auction sale. It could not have been heard over a quarter a mile away. The mainland was a little forward of the beam from Emerald Isle. The flagstaff had no halliards. I know of no ladder there. The view of the flagpole on the island is cut off from part of Shag Harbour by an intervening island. I knew Mrs. Wrayton was poorly. She had been a visitor to my house occasionally for 20 years. I got on the island on the morning of Saturday. Maud went with me in one boat, George Wrayton and Adelbert Nickerson went in another boat. I told my story at Dr. Schragge’s inquest, but not at the next one. I was not subpoenaed to Densmore’s inquest, but was there. Was not asked to make a statememt. When I went on the island on Saturday I saw Mrs. Wrayton. She was talking to Adelbert and George and half crying. She told us of the death and the three of us start out to find the body, as we suppose Thurston must be dead. We went in the direction of the point. Were six or eight feet from the body when we discovered it about level with the snow. The snow was six or eight inches deep on the ground. (part of the testimony for the crown read to the witness, relating to what Mrs. Wrayton said.) Don’t think Mrs. Wrayton said Billy was dead, but that she feared he was. When we found the body the head was lying to tne north, sideways to the house. The left hand was outstretched, the other lying on his breast. His hand was about half closed, holding nothing. Adelbert was the first to discover the body. I took hold of the body and raised it up, sending George Wrayton for a barrow. I assumed the general management on this occasion as I was the eldest there, the others were boys. There was a little ice where the face lay and by the left hand was some blood on the snow. That was the extended hand. No sign of blood about the head. I examined the snow to see how far the blood extended. I took a handfull of snow up and when I threw it down the wind scattered it over the path. There was not very much blood about the hand. The body was frozen stiff. Adelbert and I lifted the body onto the barrow and we carried it to the store. I placed it on some benches and covered it with a boat sail. We next talked in the dining room about bringing in the coroner. I then came off to the mainland and telephoned to Coroner Schrage. The inquest was held by him. I took the clothes off the body. I cut them and tore them anyway I Could. When found I saw no part of bare flesh except hands and face. Clothing was not to pieces any. Had on a shirt, a jumper, a coat and an oil jacket over that with a piece of cardigan wrapped around his neck. Had on also two pairs of pants. His jumper had not been produced here. I was repairing the boat after the inquest and his clothes lay near. I tore off part of the coat to wipe the planks with. I prepared the body for burial, following Rev. Mr. Miller’s instructions, by wrapping it in a sheet. Mrs. Wrayton offered me clothes for the body, but they were not used because I did not want to break the limbs getting them on. The inquest took place on the 28th of December and the body was buried on the island the next day. I knew the late Arthur Wrayton, husband of the accused and had opportunity of seeing him frequently. We owned a vessel together in 1891. I should call Thurston a simple minded fellow. Have seen him eat a great deal at a time. He was a very ravenous kind of man, weighing about 150 pounds. He was fatter at his death than I ever saw him before. I never saw him ill treated. I never saw him indecently dressed. When the body was found it had enough clothes on to keep a living man comfortable. Mrs. Wrayton has a family of nine living. Her son George is in Boston, sick. (Objected to, finally admitted on grounds that his deposition would be put in) Witness continued. I saw George about three weeks ago. He appeared to be dying.
Cross-examined by Mr. Congdon: When George wished to get to the island on the evening of the 22nd he had only a small boat. A dory might live, but the next thing would be to row it to windward. Mrs. Wrayton had no means of getting off. I think there was a large dory on the island. The present lighthouse is not the original one. Some remains of the old one, four or five feet on the back of the new. Former is a small building near the bank. New one is larger, say fourteen feet from front to rear. The door is facing the house so that from door to bank would be probably fourteen or fifteen feet. The door is about in the centre. There was no hat when we found the body. Don’t know if there was any socks. Did not lock the store after putting the body in it. Never had conversation with Billy about going off island. I saw Eaton Nickerson only on the 24th of December. He came in the dining room. Nothing was said to him about Thurston’s death. Don’t remember finding blood subsequently near the lighthouse door. Recollect having my attention called to blood on the snow about half way along the path. I removed the clothes from the body next day after we found it. Have not examined clothes produced in court. (Clothes again shown and identified by witness) Continuing….. they are not in as good condition. I think I have seen people wearing worse garments. The jumper and part of the shirt are not here, this mitten was on the left hand. I cut the boots up after the inquest to make hinges for lobster traps. The path to the lighthouse is only a little track in the field. Keeping in it would be of no difficulty. There are many rocks near. They were thinly coated with snow. I did not look specially for signals from the island on the 23rd. I am not up in natural philosophy, but to my mind the wind was moving to the rate of 60 miles an hour.
Dr. J.J. Schrage sworn in – I am a physician of forty years practice. Have been coroner for twenty five years. I remember being called to an inquest on Emerald Isle last December. It was near Christmas time. Did not go when first called. Weather was such that I knew it was impossible to get there. I put off going till a chance offered. I got there on the 28th and held the inquest. Previously got jury and went to the island where I found the body in an outbuilding, no covering on it except the clothes. I observed the head and found nothing remarkable. Body was so thoroughly frozen not much could be made out. Body was that of a well developed man, weighing in life time probably about 140 pounds. There was a ridge of bare skin around the middle, probably where the clothes had got pulled up or hauled down in handling.
Cross-examined by Mr. Congdon –
The body was lying on the back when I saw it. I did not turn it over. I could see the back of head some. He was frozen stiff, but could bend it a little. He seemed to be a muscular man. Body was frozen rigidly and the neck pretty nearly in the same manner.
Mr. White, with the permission of the court, here put in evidence George Wrayton’s deposition taken at the preliminary examination held last March. It was too lengthy to be used in this report and lasted until 1:00 p.m. when court took a recess.
On resuming in the afternoon
William W. Wrayton testified –
I am lighthouse keeper on Bon Portage Island. It is about one mile and three quarters from the Emerald Isle light. I remember the night of 22nd December last year. It was intensely cold. My attention was particularly directed to the state of the weather because I had a machinist there who was desirous of getting off. He was ready to leave on the 21st, but did not get off until the 27th. It was a heavy blow, but moderated on Saturday. I had known William Thurston for ten years. Had seen him on the mainland and he had been on my island. Water near Bon Portage is used as an anchoring ground. Have had occasion to visit Emerald Isle, often three time a week. I take my lobsters over there. I was at the house on most occasions. Thurston was a very hearty eater. I always saw him clothed as well as any man in his position could be expected to be. There were no halyards to the flag staff on Emerald Isle.
This closed the evidence for the defense.
Mr. Bulmer, in addressing the jury said he was glad we were at the end of a trial of more than ordinary interest. There is the same difference in trials as there is in everything else in nature and this one differed more from all others in the nature of the charge than any he had knowledge of. We have in the prisoner’s box, a lady, the mother of nine living and two dead children, a widow in poor and almost destitute circumstances, charged with a serious crime. The crime of killing a man, for that is what that indictment really amounts to and this barbarous crime that has been sought to establish, was perpetrated just at the season when the hearts of people are filled with melody and fragrance. At Christmas time, just a few days before invited guests are to arrive at the house. Instead of killing the fatted calf, must poor Billy be killed? But many, many joyless dinners have been enjoyed of late in the Wrayton household. It has been elicited that not long ago, a brother of the accuses had died and last summer the husband was drowned while returning to his home. Thus the cloud of grief had fallen on them. Now the pall of disgrace must settle over them. The malicious charge of murder. But the jury will ask themselves, as I did, as evidence was being heard. Is this all the outcome of the letters, the talk and the inquisitions? Is this all there is in it? Then why in the name of heaven was all this trouble brought on this family? Remember that no suspicion was aroused that she had hurt the poor fellow until she told in court or before the J.P. how like a Good Samaritan she tried to help him. And because she was not able, the wagging tongues of slander were set going. Yes, the woman who tried to save poor Billy Thurston is by the bitter irony of fate placed in the dock for manslaughter. When help did arrive they found the poor woman crying and telling the sad story to the group. The Coroner’s jury went through the strictest inquiry without the slightest suspicion. Yet, after all that has taken place this moment there is not one with more reliable evidence against the accused than when the slander first started. Capt. Larkin tells how he buried the body under the direction of Rev. Mr. Miller and poor Mrs. Wrayton came out with a last little tribute for the faithful servant. Clothes for the burial, but she was told these could not be got without breaking the limbs and lucky thing it is for the accused that her kindness was not available for if a bone had been broken in that attempt, how it would have increased the howls against her. Does this look like manslaughter? Does that look like fixing on this poor woman a disgrace which you will soon wipe off as far as you can but which will cause the arrows of hate and malice to be aimed at her children for years to come. After eloquently dwelling on every circumstance which he said had been made to do duty against an innocent woman and laying particular stress upon the magnanimity and moderation of the Crown attorney, Mr. Congdon and showing how kindly Thurstaon had been treated, Mr. Bulmer said that if Billy could be resurrected and brought here today, no doubt the greatest anquish of his soul would be to find his mistress arraigned for his murder. The probabilities are that poor Thurston died from some unknown disease. But there are a thousand other causes from which he might have died.
He concluded with a pathetic appeal to the jurors, during which the accused was visibly affected as well as many others, both jurors and spectators.
(The closing address on behalf of the Crown, the judge’s charge to the jury, the verdict and the description of the scene in the court room, to be published Monday.)
(Friday’s proceedings continued)
Barrington, June 24
Mr. Congdon closed on behalf of the Crown and experienced regret that he could not regard the case in the same manner as the counsel for the defendant. Nothing would afford him greater satisfaction than to express to the jury his accord with the opinion that there was nothing for their consideration, nothing to do but acquit the accused. He could not, however, take that view. He could not think the case lacked serious features which required, in order that justice might prevail, solemn consideration. He would put out of the case, as then jury he trusted would and ought, many things most dwelt upon by counsel for the defence. With the slanders that had been circulated, with the sad fortune of the dying George Wrayton, neither the jury nor himself had anything to do. They might become subjects for investigation but it must be before some other jury. All he had to present to the jury – all the jury had to pass upon was the single question, did the death of William Thurston result from any unlawful act of omission of the accused? That she intended by such act or omission to occasion the death of the deceased the crown did not contend. That contention would have arisen had an indiction for murder been prepared. It did not form a part of the case for the prosecution here.
It was undisputed that on the evening of the 22nd of December, 1892 the only occupants of Emerald Isle were the accused, the mistress of the island and her three children the eldest only eight or nine years of age and William Thurston, the deceased, the servant of the accused. Apart from the language of the accused deposed to in the court by numerous witnesses, there was no means of tracing William Thurston from the hour about four p.m.on the 22nd of December, when he was last seen by Fred Greenwood who was then leaving for the mainland…till the 24th of December, when Adelbert Nickerson and others found him. Greenwood saw Thurston both then and a couple of hours before. He was moving about in his usual manner and there was nothing uncommon in his appearance, gait or manner. On the 24th of December Adelbert Nickerson, Capt. Ephriam Larkin and George Wrayton came on the island – saw Mrs. Wrayton - heard from her that he was dead or that she supposed he was dead, and found the body. Examine now, the accused’s account of what took place after 4 p.m. on the 22nd of December. She told numerous witnesses, whose relation of her language is clear and precise, that Billy was working with her at the barn - that he had carried a bundle of hay from the old barn to the store barn and the door had blown to and struck him on the back of the head as he was entering the barn - that he got up and his nose bled and he swore some - that after doing pretty near all the work at the barn that she had sent him to the house - that on following him a little later she heard a noise, the screaming of the children entered the house and found him frightening the children - that she drove him out of the house and he went to the cooper shop and remained there fifteen or twenty minutes and then returned to the house and asked for matches with which to light the light, saying he would be a good boy and he went to light the light. After he was gone a little while the accused looked out to see if the light was lit, finding it was not took a lantern and went out to learn the cause. She saw the deceased lying on the ground, lit the light and then went to him. He was crawling around and told her he had fallen and hurt himself. She tried to get him to the house and failing ….left him. She went to the house and did not return even on the following day to see whether he was alive or dead. Mr. Congdon said he wished to say nothing that would bear unfairly on the accused but it was his duty he thought to offer this criticism of the story told by the accused. First it showed she knew of the blow on the back of the head received by the deceased, it showed that she deemed that the blow in some way was responsible for his death. It therefore rendered absurd the contention of counsel for defense that the contusion on the back of the head described by the doctors was the result of postmortem process. This wound the accused referred to as the blow from the barn door. This account of it rendered worthless, the theory of the defense that the deceased had fallen over the bank. Since there was no wound or injury of any importance left to attribute to that fall and account for the inability to walk which seized the deceased after he left to go to the light.
The barn door incident was improbable from the position of the body of the deceased would be in when stepping up a sill eighteen inches high with a load in his arms. His body would naturally be inclined forward and the blow received lower down on his person. The story was further discredited by total absence of blood on the floor at the spot where the accused said the nose of the deceased had bled. He would ask the jury to
consider whether there was not evidence from which to conclude that the deceased received the blow after he left the house and from the hand of the accused. Her previous treatment of the deceased made it easy to conclude that finding the deceased had failed to attend to his duties at the lighthouse she had struck him and knocked him down. Her subsequent conduct, leaving her imbecile servant hatless and wretchedly clothed to die in the cold and snow, never bringing a covering to place over him, never even looking for two nights and a day to see whether he was dead or alive and making no attempt to summon aid, lent strength to the conclusion that she herself had rendered him incapable of motion by the blow, or at all events it fully supported the charge that she, with full knowledge of his desperate plight, made no effort to save his life.
Mr. Congdon pointed out several other facts corroborating this theory and asked the jury to cast aside all prejudice, to regard nothing but the evidence and render a verdict such as in their opinion justice demanded.
IN CHARGING THE JURY:
His Lordship said the case had assumed a different aspect from that first presented. The chief complaint was originally in regard to the conduct of the accused towards the servant, that by neglecting to provide him with food and clothing she had caused his death. That contention is now abandoned by the Crown, which effectually relieves you of much of the complication, but relieves her also in the eyes of the community of the charge of neglect. You are now to exercise the most solemn function in which men can be engaged, the highest function of free men. The learned counsel for the defense called your attention to the slanders scattered through the land. All that must be absolutely dismissed from your minds as if you never heard them. In dealing with this task you must divest you mind of prejudice or here say, and remember the accused is to be considered innocent until testimony sworn before you and me bring conviction to the contrary home to your minds. In one respect the accused has been very fortunate in this trial. The crown has produced here, from her own lips an account of what occurred on the night of 22nd December last. None of these statements vary materially. The only discrepancy as I understand it, is where she says she found the deceased William Thurston on her way down to the lighthouse. Her son says she went down and lit the light and while returning found the deceased. That is the only discrepancy. You have a great responsibility resting upon you – the reputation, character and liberty of this woman is now in your hands. It is well for her own conscience and the reputation of her children that this charge has come to be investigated before this tribunal.
The charge of insufficient food and clothing has been dropped by the crown. The only consideration for you, is did this woman, willfully or without intent, cause the death of William Thurston? You must not determine her guilt or innocence on mere hypothesis. The question you have to try is whether he died by any act of hers. Unless you find the evidence sufficient to convince you of the fact, you are bound by all your obligations to acquit her. We will assume she is innocent of all wrong till she found the deceased floundering in the snow. If she did not try to assist, if she failed to do all she could for him, you must find her guilty on that part of the indictment. You know the locality better than I do. I will not undertake to say, as the learned counsel for the defense has said, that she had no means of communicating with the mainland or getting help therefrom, but if Capt. Larkin’s story is true, she did all in her power to aid Thurston in his distress. Then I assert that the law of the land and the law of common sense will clear her from the blame and of not doing what God and nature did not enable her to do and you must acquit her as a matter of course.
The jury retired and the most profound silence reigned in the Courtroom. There was a look of anxious expectancy on most faces. The accused waited with great composure, but it was easy to see the moment was a trying one for her. In about ten minutes the jury returned and all eyes were fixed on them. When the roll was called, the foreman, Mr. J.F. Snow, arose and announced that they had found a verdict of NOT GUILTY. There was a decided sensation then with many manifestations of satisfaction. His Lordship in feeling terms said he most heartily concurred in the verdict which he called a righteous one, and as soon as permitted, many of the jurors and spectators pressed forward to congratulate Mrs. Wrayton on this ending of her troubles – a result which appears to please everyone.
BARRINGTON ASSIZES.
THE LAST MOMENTS ARE TRYING ONES BUT RESULT HAPPILY FOR ACCUSED.
Mrs. Wrayton receives congratulations.
