REMARKABLE TRIALS.

66

THE M'CARTHY MYSTERY" IN NEW BRUNSWICK.

The McCarthy Mystery," as it was called, proved to be one of the most exciting cases which was ever tried in the Province of New Brunswick. The circumstances attending the murder, for murder it must have been, were so mysterious, the story told by Annie Parker so incredible, that people did not know what to believe, or whose statements to credit. The case produced great excitement, not only in the immediate vicinity of Moncton, where the missing man resided, Shediac, the scene of the tragedy, and Dorchester, where the trial of the accused parties took place, but also in all parts of the Maritime Provinces.

The facts attending this celebrated case may be stated as follows:

Timothy McCarthy, the victim, was a tavern-keeper residing at Moncton, where he did a good business. He was a married man, having, at the time of his disappearance, a wife and four children living. On October 12, 1877, he left his home in Moncton, telling his wife he was going South. He took with him, according to her statement, fully $1,000. At the station he met his uncle, and decided to go with him to Shediac. His wife was also going to Shediac. The two went in the same train to Point du Chene, where both went on board the boat. Mrs. McCarthy saw Mr. McCarthy talking to a man named W. D. Mansfield, and saw them walk up the wharf together towards Schurman's Hotel, and this was the last she ever saw of her husband. She remained at Point du Chene for a few days and then returned home. As McCarthy did not make his appearance, suspicions were excited and search was made for him. It was discovered he had left the Weldon House a little after 10 o'clock that night in company with a man named "Chip. Smith," who left him about twenty minutes later, but no further trace of him was to be found. A horse he had with him remained at Shediac till the 25th October, when Mrs. McCarthy got it and had it taken home. His brother, Edward McCarthy, his wife, and others began to make enquiries about him, and searched all the places he had been found to have been at on the evening of October 12th. It was clearly proved he did not go to Prince Edward Island, as at first it was supposed he had. Statements were obtained from all parties who knew anything about his movements, until at last a young girl named Annie Parker, who, at the time of his disappearance, had been in the employ of John Osborne, who kept a hotel at Shediac known as the Waverley House, made a statement that she had seen McCarthy murdered in the Waverley House about midnight on October 12th. In consequence of her statements, Edward McCarthy went

before Justice Wortman and laid information against John Osborne, his wife Martha Osborne, his daughter Eliza, and his son Harry, charging them with the murder of Timothy McCarthy. Justice Wortman thereupon issued his warrant, and on Sunday, 20th, 1878, the Osborne family were arrested. They were conveyed to Moncton and placed in the lock-up there. The arrest caused the greatest excitement in Shediac and Moncton, an excitement which continued throughout the whole proceedings.

On Monday, the 21st, at 11 o'clock a.m., the examination was begun in Dunlap's Hall, before Stipendiary Magistrate Wortman and W. J. Robinson, Esq., J.P. R. A. Borden, Esq., appeared for the Crown, and W. J. Gilbert, Esq., and C. A. Holstead, Esq., for the prisoners; but before the examination, W. H. Tuck, Esq., Q. C., Clerk of the Crown, came up from St. John to take charge of the case for the Crown; and A. L. Palmer, Esq., Q.C., also of St. John, appeared to defend the prisoners.

Annie Parker was the first witness called, and deposed as follows:—

Annie Parker.

On the 12th October last, I was at John Osborne's, Shediac. The family consisted of Eliza Osborne, Martha Osborne, John Osborne, and Harry Osborne. I recognize the parties in Court. John Osborne was sick on the day referred to. He was an hotel-keeper, and kept the Waverley House. I was a servant girl. The prisoners were in the house that night, and two children, Morton and John-in bed. Timothy McCarthy was there that night. I saw him there. I saw him there before 10 o'clock, and again after 12 o'clock of the 12th October. When I saw him the first time he was in the ladies' sittingroom. Mrs. Osborne and Eliza were with him. They had a conversation about Mrs. McCarthy. They were talking about a girl in Moncton; I forget her name. They were talking about a polonaise McCarthy had given her. McCarthy said he had an idea of going to the Island. They were talking about the buttons on the polonaise. Eliza said they were white, and he said they were black. Eliza said, "I'll bet they were white." He said they were black, and he took out a roll of bills, about three inches thick, to bet. She then said she did not care if they were white or black, she would not bet, and they had high words, and she came out into the kitchen. He came out to the dining-room door, where I was scrubbing, and went through the dining-room and stopped at the kitchen door and called Eliza. She did not come, and then he sent Harry for Eliza. She would not come, and said if he wanted her worse than she wanted him, he could come where she was. I don't know whether he took a drink in the bar-room or not. He remained two or three minutes in the bar-room. He then went out of the front door. Harry was in the bar-room with him. I saw him next after the clock struck twelve. I had not seen him in the meantime. After he went out, I heard Mrs. Osborne, Eliza, and Harry talking of giving him a white powder to "mortifize” him, so as to take his money from him. They used the word "mortifize." I always used that word. This conversation was before he came in at 12 o'clock. I had heard McCarthy say, before he left the house, that he was coming back. I dare say Harry, Mrs. Osborne, and Eliza could hear him say this as well

as me.

When he came back he took off his overcoat. I was up-stairs, and came down as he was taking off his coat. He went in the bar-room and treated all around. Mrs. Osborne, Eliza, Harry, myself, and McCarthy were in the bar-room. They all took liquor but me. After that we talked and carried on in the bar-room. McCarthy treated three or four times. At the fifth drink, Mrs. Osborne put some white powder and sugar in McCarthy's drink and stirred it. I was talking with McCarthy when the drink was being mixed. He took the drink and swallowed it. She also put some powder in a drink and offered it to me, but I did not take it. I told her I did not drink. This was after she gave the drink to McCarthy. After that McCarthy became stupid. He talked for about ten minutes-after he took the drink. At first we could understand him very well, but after ten minutes we could not tell what he was saying. He laid over the counter, with his head on his hands. He kept his head up about ten minutes after taking the drink. When he could just talk a little, he called his wife, Ellen, six or seven times, and his eldest son, Hazen. We were talking to him about fourteen minutes, and he could not answer. When he was too drunk or crazy to answer, the old woman came from behind the counter and took the money out of his pocket. She took the money out of the right-hand pants pocket and gave it to Harry. Harry and the old woman together parted the money in two and offered me part of it, but I would not take it. Mrs. Osborne then went behind the counter. She said, "If we put him anywhere, when he comes to he will know where his money is, and we will all be taken up." Harry said, “ Mother, if you think he will come to, let us finish him." There was a puncheon standing in a corner of the room, and a hatchet on it. Mrs. Osborne handed the hatchet to Harry, and said, "Strike him only once, and kill right once." Harry took the hatchet and struck him behind the right ear, and he fell down. When he fell, the blood rushed out of his mouth and nose. He did not kill him quite dead; he drew a long breath, and Mrs. Osborne said, "He is not dead yet," and Harry struck him another blow where he struck him before.

After he was dead, Harry took the watch out of his pocket, and went for the horse and waggon, which he brought to the front door. Before Harry went for the horse, he brought a grey stone into the house, about a foot long, six inches wide, and four inches thick. Before that, Harry brought the Bible out of the room and made me swear I never would tell of the murder. Harry tied the stone to his neck with a rope-a piece of bed-cord from a bedstead in the furthest off room in the back chamber. Harry went and got the rope. The stone was tied with a slip-knot round the stone and a tight-knot round the neck. I held the end of the rope while he tied the slip-knot. After getting the stone tied round his neck, Mrs. Osborne, Eliza, and Harry carried the body, with the stone, to the front door. Harry told me to go and lift up the seat of the waggon. I did so. They put the body in it and took it down to the river. Harry asked me to go, but I said I would not. When Harry came back, I was standing at the front door, and I asked him where he put him. He replied that he had put him a mile above the Sadouc bridge; that he backed the waggon to the river, and put up two poles, and rolled the body down into the river.

McCarthy bled some in the bar-room. There was blood on the floor as far

as the front door. There was a big pile in the bar-room, and between the bar-room and dining-room. I washed up the blood myself about two hours after the murder. They kept the money, and paid on their debt for piano and other things. McCarthy's rubber coat, and a brown overcoat with a dark velvet collar, were kept in the house. When he came in at 12 o'clock, he took off the rubber coat and brown overcoat, and hung them up in the hall. Mrs. Osborne, next morning, took the brown coat and put it in her clothes' press in her room. I do not know what was done with the rubber coat. Two days after Mr. Osborne got well he tried the overcoat on. He could not try it on then; he was too weak, and had to sit down two or three times. At another time, when he was coming to Moncton, he tried it on, and the sleeves were too long, and Eliza said she would cut the sleeves. He said, “ Can't I put it on to go to Moncton?" Mrs. Osborne said, "You won't put it on this time to go to Moncton; everybody will know the coat." He did not put it on. that time, and Eliza cut the sleeves so as to fit him. She cut a piece off the wrist and bound it with black. At the time he tried to try on the coat in the bed-room, I was there. He asked Mrs. Osborne if I knew anything about the murder. Mrs. Osborne said I did, but that she was not afraid that I would tell, as I had taken my oath on the Bible not to. He said that as I had not taken any money, I would tell, but Mrs. Osborne said, "No, she will always stay with us."

Harry told me when he the place and saw where

I am positively sure I know where the body is. came in where he had put it. I went one day to the waggon had turned by the marks in the sand. This was the next Saturday after the night he was killed. The place is about a mile above the Sadouc bridge. Harry told me he had to pass through a potato field to get there. McCarthy's hat, a black soft felt one, was on his head. When he was killed it lay on the counter, and after he was dead they took and pressed it down on his head. I was then standing in the door. There was no one in the house that night except ourselves. Mr. Campbell, dentist, had boarded there, but that night he left between 10 and 11 o'clock, and told me he was going to Point du Chene. Mr. Wilson, druggist, was with him when he went out. I did not see Campbell again that night.

I did not hear much conversation amongst the Osbornes about McCarthy after it was published that he was missing. Have heard them saying to parties that came in that they did not know what became of him. After it came out in the papers, Eliza Osborne sent for Chipman Smith, and was going to send a letter to Mrs. McCarthy. Smith told her she had better not, as it might hurt her a great deal. I was present when this conversation took place. I did not see the watch after that night, but I saw Harry have a shell which was on the chain that night when Harry took it out of McCarthy's pocket.

In cross-examination she said :-Mr. Campbell, the dentist, went to Point du Chene. Had he been in his room he could not have heard the murder. His room was immediately over the front door. About a month after I went there, the clock struck ahead of time. Would not swear positively that the clock was striking wrong on the night of the murder at 10 o'clock. I saw Campbell next day at dinner. The tide was low when I viewed the place.

The body might have been in the river and I not see it. I visited the place eight days after the murder. I did not speak to Harry about this after going to the place. When I left Osborne's I went out in the country four miles from Moncton, to William Jones', for a visit. I lived there two months before going to Osborne's. After I left there I went to James Flooks'. I told Mrs. Flooks about the murder, part truth and part lies. Stopped five days at James Blair's, Tannery street, where Edward McCarthy came for me. I washed blood out of the bar-room hall and on the platform about an hourbetween 5 and 6 o'clock. There were only a few drops of blood on the front platform. I put on ashes and scrubbed off the blood. Put the rags on a pile of wood at the woodshed. There was blood on them after McCarthy was killed. They put a powder in a glass of liquor and gave me. I took a mouthful. I knew what was in the liquor. I never saw blood in the waggon. I don't think it was one that the Osbornes owned. I made a statement to Sheriff Botsford at James Blair's, but Mrs. McCarthy was the first one I told the story to as it really occurred. I saw a roll of bills with McCarthy before 10 o'clock. The top one was a $10 bill. A tall man, dark and stout, with black moustache, a long, black overcoat and pants, a soft felt hat and no sidewhiskers, came in and had a drink, but said nothing. Three men came to the Waverley House after the murder—I think the next week. They were apple-tree agents. If they came on Friday it was Friday of the next week.

Chipman W. Smith

testified that he was with McCarthy at the Weldon House on the night of 12th October, about 9.30 o'clock. He talked about going to the Island. They left the hotel together about three-quarters of an hour later. McCarthy wanted to go to the Adams House to see the Riley girls. He showed him where the girls lived, but they would not let them in. He left McCarthy about twenty minutes after leaving the hotel. He is postmaster at Shediac, and his daughter said the Osbornes sent $50 by Post-office order to St. John, October 20.

Martin McDonald,

barkeeper at the Weldon House, said McCarthy was in the bar-room about 10.30, drank twice and went out with Smith about three-quarters of an hour after that.

Jadduce Babineau

testified that before Christmas he was on the Sadouc bridge and thought he saw the body of a man afloat with a rope around his waist about a foot under the water's surface, going with the current towards the bay. His head hung down as if his throat was cut. Was floating back down. Had on white shirt, gray pants, head bare and something on the feet. Told his mother.

Patrick Hickey,

night watchman for local fire company, said that about 3 o'clock on the morning of the 13th, he was on his beat and saw an express waggon come out between the Johnson House and hay-scales. The Johnson House is within a few yards of the Waverley House. It was an express waggon. The tail