Elizabeth Quartermaine
Elizabeth Quartermaine (nee Dickenson)
Elijah Quartermaine married Elizabeth Dickenson on 20 November, 1835 at Garsington, England and arrived at Fremantle, Western Australia, on 5 December, 1838 aboard the ship “Britomart”. Elizabeth was born in Marsh Baldon, Oxfordshire, England on 9 May, 1819, and died in Beverley, Western Australia on 23 November, 1873, aged 54 years.
While researching the history of the Quartermaine family in Katanning I have been told on several occasions that Elizabeth never accompanied Elijah to Katanning and nor did she ever live here.
Why did she not move to Katanning when Elijah obtained land in the area or when he moved the family here after the construction of his Yowangup homestead in 1860-62?
Elizabeth Quartermaine
nee Dickenson
Why did Elizabeth NOT move to Katanning?
Supreme Court – Criminal Side
Before His Honour Chief Justice Burt,
Wednesday, May 18, 1864.
From The Inquirer and Commercial News
25 May, 1864
William Henry Graham was charged with firing at and wounding with intent to murder Elijah Quartermaine, of the York district. There were two other counts, one being that the act was committed with the intent to do grievous bodily harm.
Elijah Quartermaine lives at Beverley about 13 miles from York and has been in the colony upwards of twenty-five years. The prisoner had been in his service for 18 months and left in September last. On the 2nd March witness started for Perth, and remained there for one night, returning home the next day. Arrived at his residence at 12 O’clock at night and went to the back of his stable in the yard. Saw a strange cart in the yard, and horse in the stable. It was a starlight night, left his horse in the yard, and went round the end of the house, heard the clock strike 12. Went to the bedroom window and stayed there for three or four minutes; suspected prisoner was inside.
While at the window heard a man cough in the middle room, which his daughter usually occupies. Tapped at the window and whistled, turned around and saw a light through the sitting-room window; looked but could not see anything because of the blind. Again, he tapped at the window, shook it and whistled. Anyone at the window could have seen him outside. Gave another tap and whistled again, while standing close and sideways to the window.
The instant he gave the last tap a gun was fired at him through the window, and he was hit in the left breast. Was much hurt (witness showed the wound to the Jury). Prisoner then rushed out of the window, which he pushed open, and witness was so close that the open window touched his arm. Is certain prisoner was the man who jumped out. Prisoner ran away into the field.
Walked round the end of the house and called his daughter, but getting no answer went to Auty’s place, a schoolmaster in his employ, and called him. He came out and a person named Johnson, a wheel wright from York, who came in the cart witness saw in the yard. Said “William has shot me.” Was bleeding, his shirt being quite wet. Asked for and got a drink of water, and went into the house, where he saw his wife coming out of the bedroom door.
Sent for Dr. McCoy, who came the next morning and examined the wound, taking from it some dust shot and No. 4 shot. The wound was deep; was confined to his bed four or five days. P.C. Hyde showed witness some shot similar to that taken from his side. The prisoner was in the habit of using shot of that description. Hyde also showed him the gun now produced.
Cross-examined by Mr Landor
Cannot say whether the gun had been recently fired. has seen the prisoner several times in the neighbourhood since September; he lives about a mile off. Prisoner’s occupation is to shoot birds for stuffing. Witness has no dust shot in his house. Does not know whether he was shot with a gun or a pistol; could see nothing in Graham’s hand when he jumped out of the window but could see his face. The house has three rooms and two lean-tos; on entering the house is a sitting-room – the middle room – on the right of this room is a parlour, and on the left a bedroom. Left Perth a little before eleven o’clock on the day. he returned home; the distance is between 60 and 70 miles. Before leaving Perth told Haysom he was going home intending to catch a man with his ‘Missus.’ Never threatened to shoot Graham, although he had reason to think he was his enemy. A pistol was found next morning outside the window; it belonged to witness. Could not see what clothes Graham had on when he jumped out of the window, but he was dressed.
Re-examined by the Attorney-General
The
pistol appeared to have been fired off, as upon putting the finger in the
muzzle it became black; this might also have been occasioned by damp. The
pistol makes a loud report – as loud as a gun. Wore the coat produced; the hole
was made by the shot.
John Saunders Johnson— Lives at York.
On the 3rd of March went to Quartermaine’s in a trap and slept in the parlour. Heard the report of a gun about 12 o’clock; looked out of the window and saw someone going over the fence. Heard Mr Quartermaine calling out, so jumped out of the window and went towards him. On passing the bed-room window saw some fire outside, which looked like the wadding of a gun or pistol. It was rather dark night; does not recollect seeing any stars, Heard Quartermaine say “Auty, I’m shot.” He said, Graham had shot him, and placing his hand to his side, said, “I’m shot here.” Took a light and went outside; saw a hole in the window. Saw a pistol- the one produced – outside the bedroom window, the ram rod was out.
Cross-examined by Mr Landor
Arrived at about 8 o’clock, and went to bed an hour or an hour and a half afterwards. Did not see Graham; Struck a light just before the affair happened and went into the sitting-room to get a drink of tea. Heard no tapping or whistling and did not see Quartermaine before the gun was fired. Was looking out of the window.
Re-examined by the Attorney-General
Was not looking out of but towards the window trying to go to sleep.
By the Court
Mrs
Quartermaine went to bed about 10 minutes before witness, or about 9 o’clock.
Edward Auty Is Tutor at Mr Quartermaine’s
On the
3rd of March slept in the schoolroom, about 20 yards at the back of the house.
Heard the report of a gun or some firearm at about 12 o’clock; it was a loud
report. Heard someone calling out “Auty” several times; got up and saw Mr
Quartermaine. He said, “Bill has shot me,” meaning Graham. Took him across the
yard, when Johnson joined us.
Mr Quartermaine was too ill to walk without assistance. Got him some water at his request. Took him into the house. Saw blood flowing through the hole in his coat. The coat produced is the same.
Amdoa Rendall – Lives at York.
On the
morning of the 4th March between 5 and 6 o’clock saw prisoner. Was in bed in his
house when prisoner called him up, saying he wanted his horse. Went outside, and
saw Graham standing with Mr Moult. The man was gone after his bridle and saddle.
When prisoner was going away asked him what he was in such a hurry about, and he
said he had got in a mess at Beverley, where he was caught in bed with Mrs
Quartermaine, and had fired through the window, dot did not know, whether he had
shot the old man or Quartermaine or not.
William Moult – Lives at York.
On the morning
of the 4th March was in Rendall’s yard waiting for a horse and cart preparatory
to going out surveying. It was about 3 o’clock in the morning. Prisoner came at
about 5 o’clock, and asked Rendall who was in bed, for his horse.
As he was going, he said, “I have been caught in bed with mother Quartermaine, and fired a pistol through the window at the old man, but don’t know whether I have killed him or not.” He then rode away.
Cross-examined by Mr Landor
“Thinks he
said I fired through the window and don’t know’ whether I killed the old man or
not?”
John Hyde – P. C.
On the morning of the 4th March went to Quartermaine’s with Dr. McCoy. On our way went to a hut which had been occupied by prisoner, and found the double shot belt produced, containing
a mixture of No. 4 and dust shot; (produced) showed; the shot to Quartermaine,
who compared it with what was takes from his wound. Found the gun produced at
the hut. Also found the pistol produced.
Robert W. McCoy, M.D.; Medical Attendant at York
On the morning of the 4th March proceeded with P. C. Hyde and Johnson to Quartermaine’s. Saw Mr Quartermaine, and examined a gun shot wound in his left side, about 3 inches below the left nipple; it was a lacerated and contused wound, forming an irregular opening about two inches in length through the skin, and three inches deep. Extracted some dust and large shot, similar to that produced in Court. It was a transverse wound, With a slight obliquity downwards.
Quartermaine must have been standing with his right side towards the piece; and
he must have been close, for the shot were concentrated.
Elizabeth Quartermaine was called, but there was no appearance. The Attorney General informed the Court that she had been subpoenaed.
In defense, Mr Landor stated there was no doubt that Quartermaine had been shot, but although he might attempt to raise a doubt as to the party who shot him, he should not do so. He would, however, ask the jury to consider whether the deed was done with intent to murder, supposing the prisoner to be the man. The prisoner had risked his life to save rather than destroy life; he was hot naturally cruel and inhuman, but the reverse.
When a prisoner of the Crown, at work near the river, he jumped into the water and saved the lives of two children who had fallen in and would have been drowned but for his assistance. He had also, at the risk of his life, saved that of Lieutenant Sim, who was drowning, and though many were looking on, prisoner was the only one who dared to make the attempt. For this act he had only four months taken off his time.
He mentioned these circumstances to show that he was not a man likely to shoot with intent to murder, and if the jury had any doubt as to the intention, they would of course give him the benefit of that doubt.
Mr Landor expressed his surprise that longer time had not been allowed for the sensation which had been created to subside before the prisoner was tried, but instead of waiting for two months, when the usual period of sitting of the Court arrived, there was a special session to try him. He absolved the Crown of any ill-will towards the prisoner, the prosecution could have no object in taking away his life, and he believed it, was a mere question of convenience; but however convenient this arrangement might be to Mr Quartermaine, it was prejudicial to the interests of the prisoner.
There was nothing in the evidence to satisfy them of the intent to murder. Graham himself in his own admission, the most damaging part of the case, fail at York that he had fired through the window and did not know whether he had hit Quartermaine or not, but there was nothing in this to show an intent to murder, or even to wound. In fact, he had no reason to expect the return of Quartermaine, and there could have been no premeditation. When, however, he heard him outside, and knew that he entertained, as he naturally would, hostile feelings towards him, he became alarmed, and firing through the window at random to show that he was armed, rushed out and made his escape.
The prisoner’s employment was that of a bird-stuffer, his gun was necessary to him in that business, was always loaded and in his hand. It was natural for him to bring it with him to Quartermaine’s, and his doing so was no evidence of his intending to commit murder, but the contrary, for it was loaded with the peculiar shot required in his business, and not with large shot or ball; moreover it had not been shown that the gun was on the premises at all.
Had the prisoner intended to kill prosecutor he would have taken a deliberate aim and fired point blank at him, but he is alarmed, hears Quartermaine dodging about from window to window, fires in haste, jumps out of the window, sees prosecutor, fears he may have killed him, and makes no concealment of his fears, but tells two people that he had fired through the window, and did not know whether he had killed Quartermaine, or not.
Mr Landor, in conclusion, reminded the jury that the prisoner’s life depended upon their verdict, and he entreated them if they had any doubt as to whether prisoner fired with the intention of killing or wounding Quartermaine, to give him the benefit of the doubt, and acquit him.
His Honour, in summing up, told the jury that the only point for them to consider was the intent of the prisoner, and he was certain that justice would be done by them to the prisoner and the public.
With reference to Mr Landor’s observations upon the trial or prisoner at a special sessions, he said it was competent for prisoner to have represented by affidavit that he had reason to believe that owing to public excitement he would not have a fair trial, and it would have been the duty of the Court to have postponed the trial.
His Honour explained the law of the case to the jury, and told them that in considering the intent they must bear in mind the weapon used, the relative positions of the prisoner and prosecutor when the fire-arm was discharged, and the part of the body at which it was discharged, and which was wounded. In this case, whether a gun or pistol was used, the weapon was a deadly one, the prisoner was close to the prosecutor, a pane of glass dividing them, and the wound was inflicted near the region of the heart.
He thought the argument that the discharge was merely to frighten the prosecutor a strange one, but it was for the jury to say, viewing the weapon, the position of the parties, and the nature of the wound, whether the intent was to murder, to inflict grievous bodily harm, or merely to frighten. He thought that very few men would discharge firearms under such circumstances and not think it would cause death.
The jury retired, and after the lapse of half-an-hour the foreman returned and stated that they wished, to see the deposition of Mrs Quartermaine. His Honour said that Mrs Quartermaine had never been examined.
At the expiration of an hour, the Chief Justice said that if, the jury were not likely to agree shortly he would adjourn the Court.
A message was returned that they would shortly be prepared with their verdict, and, accordingly, after an absence of one hour and ten minutes, they returned with a verdict of guilty on the third count, or of wounding with intent to do grievous bodily harm. The jury expressed their regret that Mrs Quartermaine was not in Court to give evidence.
The Court also expressed its regret; not that the evidence would be worth much, for the witness would not be obliged to answer any questions tending to incriminate herself, yet still she might have given information on some points where information was desirable.
His Honour, in sentencing prisoner, said that the jury had taken a merciful view of the case; for, acting as he did, it was difficult to arrive at any other conclusion than that he intended to kill Mr Quartermaine, and in ninety-nine cases out of a hundred the result of an act like his would have been fatal. Under the circumstances however, he was not prepared to say that the jury did not take a proper view of the case, for they had to consider the anxious question of the intention of the act, whether to commit murder or facilitate escape.
Had the verdict been otherwise he could not have recommended that mercy should have been granted, and it would have been his duty to have exhorted him to prepare for death, for looking at his antecedents, be found that he had originally been sentenced to penal servitude for life for a similar offense, and that his hands had been stained with the blood of more than one man. He had been tried for murder, and a merciful jury had found him guilty of manslaughter, and within four years after his sentence for that crime he found him at large in Western Australia, where he had every chance of becoming a good citizen.
He had, however, thrown away his chance, and returned to deeds of blood. His Honour sentenced him to penal servitude for life, observing that in passing this sentence prisoner knew that he was not adding one iota to those originally recorded against him.
From Skye Brianna Quartermaine via Facebook:
Elizabeth had an affair with one of Elijah’s workmen, and she was shunned and disowned by the family. A notice was put in the paper notifying people that she had absolutely nothing to do with the Quartermaine family. She lived in exile until her death.
From Inquirer and Commercial News
25 May 1864
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