The Events of April 21, 1860.

In April of 1860, the Meehan family consisted of 39 year old Paddy and his wife Mary ( who was aged between 29 and 23-her age varied with every official document her age was required on!)and their two children, Michael, who was aged between 2 and 3, and eight month old Mary Hanora.
They lived in a weatherboard house in Kilmore, situated on the Sydney Road going from Melbourne. There was a vacant block between them and Phillip Corboy's pub, the Australian Arms.
Paddy Meehan worked as a labourer and carrier.From all accounts, the marriage was far from a happy one, and Mary often sported bruises and other evidence of beatings from her husband.She had to be treated by a doctor on more than one occasion, yet when the local police officer was called she was too afraid of how her husband would react to have him charged.
Things came to a head on the night of Saturday April 21, 1860. Following is the transcription of the newspaper report which was published in the Port Phillip Herald , June 20, 1860:

PADDY MEEHAN’S TRIAL-TRANSCRIPTS OF NEWSPAPER ACCOUNTS.
“CRIMINAL SESSIONS.
OLD COURT- Tuesday, 19th June. Before Mr. Justice Pohlman.
Mr. Adamson conducted the prosecutions for the Crown.
MURDER.
Patrick Meehan pleaded not guilty to the charge of murdering his wife, Mary Meehan, at Kilmore, on the 21st of April last.
Mr. Brewer defended the prisoner.
Henry Johnston, a carrier, residing at Kilmore, deposed as follows:
I know the prisoner Meehan and the position of his house, situated on the right hand side of the Sydney Road going from Melbourne. There is half an acre of land attached to the house. It is a long half acre, and the house is situated about half way up from the road. There is a well about 26 yards from Meehan’s house. My house is on the opposite side of the Sydney Road. I used to get water from Meehan’s well. My house is about six chains from Meehan’s house. I know Richardson’s house. It is on the same side of the Sydney Road, but nearer Melbourne, than Meehan’s. There is a distance of about four chains between them.
Mr. Corboy’s public house is beyond Meehan’s a short distance. There is a half-acre allotment between them. All the allotments run five chains back from the road. The well can be seen from Meehan’s door.
I have known the prisoner for two years, and I knew his deceased wife. I remember Sunday, the 22nd of April. Between eleven and twelve in the forenoon I went to Meehan’s well for two buckets of water. When I got to the well I found a woman’s polka jacket. I have not seen it since. I did not know who it belonged to. It was between Meehan’s house and the well. I threw the jacket aside, as it was lying where we put the buckets down. There is a wood framework over the well, with a windlass. The opening is about three feet square. The covering board was not on the opening that morning. The roller of the windlass is about two feet and a half from the opening, and lies parallel with the front of Meehan’s house.
I went home with the water, and used it. Nothing attracted my attention then. I had not been home for a quarter of an hour when Meehan came to my house. He did not come from his own house. He did not come in. I was outside. He asked me if I saw his wife. He said “Have you seen my wife anywhere?” I told him I had not. He asked me “What is to be done?”. He said “She went away the night before, and the child was crying all night.” I told him I did not know what was to be done. I offered to go over to Richardson’s. I went, and asked if they had seen her. Mrs. Richardson said she had not. The prisoner did not accompany me, but went to his own house.
As I was crossing, I saw the prisoner speaking on the road to a person named Langs. I returned home, and thought no more about the matter then. The neighbours became rather alarmed because I had found the jacket so near the well. Some neighbours came to the house. Joe Murphy’s wife was one of them. Neither Murphy or his wife is here, though I know they were summoned. In consequence of what I heard from Mrs. Murphy I went over to Meehan’s. Joe Murphy and Meehan were standing together. I said to Meehan that all the neighbours had some doubts as to his wife being in the well, and asked if he would allow me to search the well. He said “Yes”. He said nothing more.
I then went off to see and get a grappling lines from Richardson, who is a blacksmith. Richardson was not at home, and neither Mrs Richardson nor could I get the irons. Two blacksmiths came in, and one of them made a hook while I went to get ropes. Mrs. Richardson brought the hook. We fixed the hook on the well rope and tried to grapple. Meehan was there, and said “You are not doing it right; give me the rope.” I handed it to him, saying “Here is the rope, Paddy”. He tried for a while, and at length he said “I have something heavy on the rope now.” I told him to hold on steady. There was something brought near to the surface of the water, but we did not see what it was. The well was altogether 74 feet deep, and the surface of the water was between 20 and 30 feet from the top.
The hook let go and Meehan searched again. He could not find anything then; and he at this time remarked that there was a bucket down the well. There was a lot of people about.McDonald, a blacksmith, got the rope from Meehan. After I tried, Meehan tried on and off for about an hour. McDonald got hold of something, and remarked in Meehan’s presence that there was above 40lb weight on the hook. There was a sailor there, and he said he would sound the well to see if the woman was in it. He said the best thing would be a bit of lead with grease. None of us had any lead. The sailor said if he had another rope, he would go done. He also tied a weight above the hook. After a time he tried and hooked something, which at first he could not move. Two or three then pulled, and we brought the body of a woman to the surface. Meehan was there and said “Is it? Is it?” two or three times. I said “It is- nothing surer.” Another rope was got and made fast to the sailor, who was then let down and fastened the windlass rope round the body. We then wound the body up. It was the body of Mary Meehan. Her hands were clasped over her head. She had on her usual clothes, but no jacket. Her clothes were torn. She was in the habit of wearing a worsted polka jacket. There was a mark on the temple, from which some blood came. The body was quite stiff. When she was first brought to the surface Meehan went away to his own house without saying anything. The body was laid near the fence and covered over. It was left untouched till the police came. I saw the police there, but I did not go down with them to the body. I stopped p all night at the wake, in Meehan’s house. Meehan was in town. I did not see Meehan again from the time he left the well till he was at the coroner’s inquest.

Cross-examined by Mr. Birnie: I did not notice anything ___ or unusual about Meehan when he came to me. He said he was annoyed that the child had been crying all night. So far as I could see, the prisoner put forth all his strength to recover the body. Meehan, I think, was as busy as anyone, and gave every assistance. I did not see much grief about Meehan. When the body was brought to the surface Meehan at once went away.

Charles Sibree, a commissioned seaman belonging to the ‘Concord’ man-of-war, deposed as follows:
I was at Kilmore on the day in question, and dined at Corboy’s. I heard there was a body in Meehan’s well. I offered to go down and search the well. When I got to the well, a man named Spinks was searching. I adjusted the hooks and fished for the body. I got in a minute or two at least what I then thought was the body. I heard the clothes tear, and the hook let go. Meehan said there was an iron bucket in the well. I asked for lead and grease to sound the well, and see if there was anything at the bottom. I shortly after fished for the body, and found it again. Meehan was pulling with me at the time. I said it was a body. Meehan said “Do you think it is?” I said I was sure it was. When it came near the surface, I saw it was a body for certain. I was standing on the cross sticks in the well, and Meehan was on the top. Meehan was shaking very much, and I told two men to lay hold of him lest he might fall on me and knock me in.
The face was upwards, and the hands were bent forwards, and one of the knees was bent up. I went down into the well. There was blood flowing from the mouth and the back of the head. I was lowered further down into the water, and I got a running bowline knot around the body. The body was then hauled up, and the knot was tight round the breast under the arms. When the body came up the prisoner said “Oh God! Oh God! Oh God!” The face was black, a scratch behind the ear, a good deal of loose hair round the head and neck, and there was a mark on the nose, as if it had been broken. It was not a fresh mark.
The mouth of the well was about 2 feet 7 inches square, and the water was about 60 feet from the surface. Meehan went to his house when the body was brought up; and he was taken into custody in the afternoon.

Cross-examined by Mr. Birnie: Meehan went immediately to his own home, after exclaiming “Oh God!”

James Spinks, a blacksmith: I was at Kilmore on the day in question and made a hook for searching for the body. Meehan came out and helped to fix the hook on the line. Meehan measured a piece of the line, and said that was the depth of the well. He searched with the line at this length for some time. McDonald afterwards took the line, and let about two yards more run out than Meehan allowed. The hook then got to the bottom and caught something. The weight got off the hook, and Meehan remarked that it must be the old bucket off the well. McDonald tried again, but could not catch anything. The sailor then took the rope and searched. He hooked the body and brought it to the surface. Before this, while McDonald was searching, Meehan said that his wife’s body could not be there, or it would have been found before then. The sailor went down and fixed a rope around the body. It was brought up, and Meehan went away. When the body was laid on the ground some people removed the hair from off the face, and a number of bruises were discovered on the right jaw.
Cross-examined by Mr. Brewer: Meehan did not run away, or appear more troubled than a man would be who had lost his wife. I do not think the prisoner wrought or flurried as others. It was after we had been searching for the body for about an hour that Meehan remarked that the body could not be in the well, or it would have been got before that time. I did not hear any one call out to any one to hold Meehan lest he might fall.

William Molloy, a groom, examined: I was staying at Corboy’s Hotel on the night in question. I was bringing down a race horse from Albury. I never saw Meehan till the Sunday morning. About eight o’clock on Saturday night I was going to the stable to do up the horse. The stable is behind the hotel, and in the far corner of the allotment from Meehan’s. I had to pass through the garden. When about half way through the garden, walking down the middle footpath, my attention was attracted. I was then about 43 yards from Meehan’s house. It was a little after eight o’clock. I heard some man swear. It was in Meehan’s house. I heard the words “Damn you”. Then I heard a blow and heard something fall heavy, and then a child screamed.I heard the woman scream, and then the child scream. I heard another blow after the fall, and then there was another fall. I did not hear anymore screaming. I had time to hear a scream if there had been any. I went back to Corboy’s kitchen instead of going to the stable. I afterwards went and did up the horse, and went to bed about nine o’clock. A person of the name of Clarke was in the kitchen when I went in after hearing the screams. Meehan’s is a weatherboard house and the end of it was towards Corboy’s. I saw the body taken out.

Cross-examined by Mr Birnie: I told what I heard immediately after I went into the kitchen. I said there would be murder committed in that house that night. The people said it was only Paddy Meehan beating his wife. I told what I have said to people next day, when they asked me if I had heard the blows.

John Clarke, a labourer working for Mr. Corboy: I was in the garden on the Saturday night in question. I was standing at the fence nearest Meehan’s. and almost halfway down. I know Meehan, and I knew his wife. They had two young children. When I was at the fence I heard the wife screeching. I heard blows ___, and then screeching. There were several blows. It might be almost 40 yards to Meehan’s house from where I was standing. I heard the prisoner speaking then, he was speaking low. I am sure it was his voice.
About two months before this I heard blows and screeching in Meehan’s house. It was Meehan that I heard speaking then, and it was his wife that was screeching then. On the Saturday in question I went into the house and came out again in about ten minutes, and heard the same again-blows and screeching. I went to the same place. I remained six or seven minutes. Maloy was in the house when I went back. Some time before I went out the first time Maloy told me what he had heard. I heard screaming after the last blow.

Charles Mackay, police constable, examined: About six weeks before the death of Mrs. Meehan, I was sent for by a brother-in-law of Mr. Corboy’s to Meehan’s, as Meehan was beating his wife. I saw Meehan and his wife. The woman was sitting in a chair, with a child in her arms. Her face was all black, and she was greatly bruised. I asked her to give Meehan a charge, if she liked. She declined to do so, seeming to be afraid. I recommended her to take out a summons against him at the police court. She said it was not the first or second time he had treated her so. He also said it would require a greater force than me to take him into custody.

Philip Corboy examined: I am a publican, and reside at Kilmore. About six weeks before Mrs. Meehan’s death, Thomas Noonan, my brother-in-law, went to the court for Constable Mackay. Noonan is not here. He was from home when the summons came. Mrs. Meehan was a small woman. She was married about five years ago.

William Richardson, examined: I remember Mary Meehan being at my house about two months before her death. Dr. Bindley attended her. She was often being ill-used and beaten. I heard Meehan ask her to go home. I do not recollect if she said she would go or not. She had a child with her. Meehan said, when he asked her to go home, that whatever quarrel was between them was her fault.

Frank Land Bindley examined: I am a duly qualified medical practitioner, and reside at Kilmore. I have known the prisoner and his deceased wife about three years. About three years ago I attended her at Mrs. Burke’s. She was suffering from contused wounds. I have since attended her during confinement. On Monday, the 23rd, I examined Mary Meehan’s body at Corboy’s. I made a post-mortem examination. I found the body in a partial state of rigor mortis-that is, stiffness after death. There was a severe bruise on the cheek, and some swelling on the left cheek. There was a bruise above the left ear. It was not a wound but merely a bruise; it was not visible on account of the hair covering it, but I detected it by feeling; the place felt firmer than other parts of the skull. I noticed it on feeling it before I opened the skull. There was a slight cut on the upper eyelid of the left eye. There was a bruise on the left knee and several slight scratches on the fore part of the thighs. There was an old scar on the right thigh which had evidently been an incised wound. There was no evidence of any fractures or dislocation.
I proceeded to open the skull. On cutting open the scalp I found considerable extravasation of blood corresponding to the bruise above the left ear. On removing the skull cap I found the membranes of the brain were considerably congested. The brain itself appeared healthy. The congestion might have arisen from asphyxia, though it might have arisen from other causes. I do not think that it would have arisen from a blow, as it was too general for that.

I opened the chest and found the lungs were congested, and contained a certain portion of water mixed with blood. There was some frothy mucous in the windpipe. The heart was of natural size, and the cavities were empty.. The stomach was very much distended, and on opening it I found there was food in it, consisting mostly of pork. It also contained about three pints of water. There was no other fluid so far as I could detect by smell. If liquor was taken with the food found in the stomach, it would have left an odour. There was also some apple in the stomach. All the other organs of the abdomen were in a generally congested state. There was some frothy mucous exuding from the mouth and nostrils. In my opinion the immediate cause of death was asphyxia, from drowning. I consider that some of the water was admitted in drowning. The congested state of the lungs was a symptom of drowning. I would not from the appearances give an opinion if there was insensibility before drowning. The injury about the head was enough to produce insensibility. A blow above the ear might be enough to produce insensibility. If such a blow produced insensibility, it might have lasted some time, or only a minute or two. I have seen the well in which the body was found. I am of a firm opinion that death was caused by drowning. I should say the mark over the ear was by a blow from a fist. If it had been from anything hard it would have cut open the scalp. If a body was in very cold water, stiffness would come on sooner than if the body were in the open air. It never comes on later than seven hours, and I would suppose it would come on in twenty minutes.

Cross-examined by Mr. Brewer: All that I have described, with the exception of the emptiness of the cavities of the heart, were symptoms of drowning; but emptiness of the cavities of the heart has also be found in cases of drowning. It is not unusual. In the case of a body thrown into water after death, there would be an absence of those symptoms I have described. So much water would not be found in the body if the person was insensible when thrown in. A person would not drown more quickly if insensible at the time of being thrown into the water. The bruise over the ear might or might not have produced insensibility. The bruise over the ear was quite recent. From the appearance of the wound, I would say it must have been inflicted almost immediately before death. A fall would have inflicted the wound.

Donald Norman Nicholson, medical practitioner and Coroner at Kilmore: I remember holding the inquest on the body of Mary Meehan. I knew her for some time. In January last I attended her at Mrs. Richardson’s. Her face was then much bruised, her eyes blackened and nearly closed. Her chin was cut, and her body was very much bruised. Meehan came in and said to me that there was no use my coming there for he would not be at my expense. He did not see the necessity of my coming there. I do not of my own knowledge know by whom the blows were inflicted. I held the inquest. The prisoner made a statement then. This is it. The prisoner signed it by his mark.

The Associate then read the statement, which was as follows:
“ I quarrelled with my wife on Saturday night between nine and ten o’clock, and she said it would be the last. She wanted to take the child that was in the cradle and go out, but I took her by the shoulder and turned her back. She asked me to let her out as she wanted to go out, and I said she should not go out that night. She said she wanted to go out to answer a call of nature. I then let her go out. She promised to be back in a few minutes, and as she did not come I did not make any inquiries for her, but remained with the child all night, and the following morning I went to my sister’s but I made no inquiries for her there. When I came back I inquired at the neighbouring houses here and could get no information until the well was dragged, and she was found in it.
Examination of Dr. Nicholson resumed: I have heard the evidence of Dr. Bindley, and concur in it. I was present when he examined the body. I believe the blow above the ear was likely to be a direct and not a____ blow. It might have occurred from a lateral blow.

This closed the case for the crown.

The Court then adjourned for half-an-hour for refreshment.

Mr. Brewer asked His Honour if he thought there was a case to go to the jury, as while the evidence went to prove that death was by drowning, there was no evidence to connect the prisoner with throwing his wife into the well.
His Honour thought there was evidence to go to the jury, to say whether, considering the condition of the heart, death was or was not occasioned by drowning.
Mr. Brewer then proceeded to address the Jury for the defence, but before he had spoken for two minutes the foreman rose and said it would save the time of the Court for him to state that the Jury had arrived at the conclusion that the prisoner was “Not Guilty.”
The prisoner was then discharged, and the Court adjourned.”

-Port Phillip Herald, June 20, 1860.