Andrew William Jarvey, part 1 - a death and an inquest - "If you don't bleed her, I will."

Catherine Shaw was born in Dublin in 1824 and transported the Australia by the "East London" after her conviction as part of a gang of burglars.  On the sea journey out she met a guard by the name of Andrew Jarvey.  They married in 1844 and settled down in Tasmania. Twenty years later, with patterns of sea trade changed by the gold rushes in New Zealand's Otago Province and the West Coast of the South Island, the family moved to Dunedin.

 
Great Family Affliction. — The Daily News records a series of family afflictions, and in the sympathy expressed for Captain Jarvey, we feel assured the Dunedin public will sincerely share. 

Our contemporary says — "Our obituary to-day contains a notice of the death of the wife of Captain Jarvey, of the steamer Titania. Captain Jarvey had only recently brought his family to Dunedin from Tasmania, having obtained leave of absence from his duty for that purpose. The re-union was scarcely complete, when death invaded the domestic circle, and one of the daughters fell a victim — another child soon followed; and now the wife and mother has been laid low. We need scarcely say, that we sympathise deeply with Captain Jarvey under this heavy affliction, as will the public of Invercargill generally, whose respect and esteem he has won." -Wellington Independent, 11/10/1864. 

The grave of Catherine Jarvey and her children - Archibald and Charlotte.  DCC photo.

 
 

As a token of respect to the memory of Mrs Jarvey, the wife of Captain Jarvey, of the ss Titania, who died suddenly yesterday, the vessels in harbor hoisted their colors half mast high.  -Otago Daily Times, 28/9/1864. 

 

WANTED, a respectable experienced Female to take care of a Motherless Family (of five.)  Apply, by letter, stating reference, to Captain Jarvey, s. s. Titania.  -Otago Daily Times, 1/10/1864. 

  

THE long and favorably-known steamship Titania arrived at the Jetty here, on Tuesday morning, with a fair amount of cargo and several passengers. Since last trip to this place, the Titania has underwent a thorough transformation, and will now be found to be as elegant and comfortable a boat as our New Zealand waters possess. Her recent overhaul at Mr. Isbister's yard, at Port Chalmers, has effected a marvellous change in her appearance, and no less externally than internally. The saloon is an exceedingly elegant apartment, and is a vast improvement on the former accommodation. The other passenger accommodation, but more especially the ladies' cabin, has been likewise radically improved; and, indeed, from stem to stern the Titania has been thoroughly overhauled, including the rigging, pointing, &c., all over. We have much pleasure in congratulating Captain Jarvey on the smart and greatly improved appearance of his vessel; and hope he may receive that amount of public support which the outlays on the Titania should warrant the owners in expecting. After remaining in port, discharging and receiving cargo, about twenty-four hours, the Titania took her departure for Dunedin.  -Southland Times, 13/10/1864. 

A few days ago a statement was made to the police by the daughter of Captain Jarvey, who formerly commanded the Titania screw steamer, which led to the exhumation of the body of Mrs Jarvey, who died at the end of September last. On Saturday, Mr T. M. Hocken, Coroner, commenced at Caversham an inquiry into the circumstances attending the death of the deceased. The only witness who was examined was Elizabeth Jarvey, aged twenty, daughter of the deceased, who made a statement to the following effect: —

Mrs Jarvey had for a long time been subject to fits and frequently received bad usage from her husband. On or about the 25th of September last, Mrs Jarvey being then six months advanced in pregnancy, her husband knocked her down and threw himself upon her, which caused her to have a fit. Two days afterwards, on the 27th, daughter then went to the mother's assistance and found her in great pain. She accused her husband of having poisoned her, for the sake of a female with whom she said he had been cohabiting. Mrs Jarvey died the same night, and her last instructions to her daughter were that her husband had poisoned her, and that she was to tell everyone of it. The sudden death of Mrs Jarvey was reported to the police, who immediately questioned the daughter, but she then stated that her mother died in a fit. Subsequently she went up country to a situation, but returned to town and made a statement to the above effect, and giving as her reason for having previously stated differently, that she was then afraid that she would lose both her parents, but that since she had been up-country, the circumstance had preyed so on her mind that she was compelled to come and tell the truth. She farther stated, that while her mother was lying dead in the house, her father made a criminal assault upon her, but she defeated his purpose by rushing out of the house and taking shelter with a neighbour. After the above evidence had been taken, the body of the deceased was examined, and the intestines sealed up in a jar to be transmitted to Melbourne for chemical analysis. Meantime Captain Jarvey has been arrested and placed in jail on suspicion of having poisoned his wife, and the inquest stands adjourned to the 10th inst.   -Otago Daily Times, 2/1/1865.

The inquiry touching the death of the wife of Captain Jarvey, late of the Titania, screw steamer, was resumed yesterday afternoon, by the Coroner, Mr T. M. Hocken, at the Plough Inn, Caversham Road; and the evidence taken will be found fully reported in another part of to-day's "Times." 

THE ALLEGED POISONING OF MRS. JARVEY.

The adjourned inquest touching the death of Catherine, wife of  Captain Jarvey, was held on Tuesday afternoon, by Mr T. M. Hocken, coroner, at the Plough Inn, Caversham Road. Captain Jarvey was present in custody; and Mr James Smith attended on his behalf. 

It will be remembered that at the previous sitting of the coroner and jury, the eldest daughter of  Captain Jarvey was examined; and that the charge against him of poisoning his wife was based upon the daughter's statement of what she alleged her mother told her shortly before her death.

The following evidence was given on Tuesday: — 

Agnes Lumb: I reside in Caversham, and my husband is a commission agent. On the evening of the 26th September, Andrew Jarvey, a boy, son of Capt. Jarvey, came to me, about half-past eight o'clock. I asked him what was the matter, and he said "Father has sent me to see if you will come down, for mother has taken a violent fit." I asked when she took bad, and he said "About eight o'clock."  I hastened to the house, and was led to the room where Mrs. Jarvey was lying. Dr. Worrell and Miss Jarvey were in the room. On asking how Mrs. Jarvey was, Miss Jarvey replied, "my poor mother is gone." Dr. Worrell also said that Mrs. Jarvey was gone, and that nothing could be done for her. Captain Jarvey was absent at the time in quest of Dr. Hardy. Mrs. Jarvey was lying on the bed nearly undressed. When I went to dress the corpse, about an hour and a-half afterwards, I could not put her dress over her head, for her arms were closely pressed to her side and stiff. I had to pull up the dress from the feet. Her head was a little sunk back but not much; her neck was quite stiff. The body was not bent or arched. Her hands were clutched, and close in by her side. I could not straighten them. I observed nothing particular about the feet or legs. Her face was not in the least discolored. On putting on the shroud, I had to lift her up like a plank, all of a piece. I did not observe a tumbler in the kitchen. Captain Jarvey appeared to be much worried and grieved, and three times cried out "Oh mother what am I to do with the children." or that like. 

By Mr Smith: I remember Captain Jarvey asking Dr Worrall why he did not bleed Mrs Jarvey; and he replied it was no use, she was gone. He acted very "foolish," — went on making a great outcry about his children; and I put my hand on his shoulder, and asked him "Can't you compose yourself, and let the dead lie?" He said if I did not leave him he would put me out. By "foolish," I mean that it was useless what he was doing about a death bed. I put it all down to his kindness — the loss of his wife — and care for his children. I don't appear against him at all. I heard Captain Jarvey ask Dr Hardy to bleed Mrs Jarvey, and when Dr Hardy said it was no good, Captain Jarvey said, "If you don't do it, I'll do it myself." I turned away, seeing that he hid a knife in his hand, and I did not see what happened. Captain Jarvey was very angry with Dr Worrall for not having bled his wife before he got home with Dr Hardy. He said, "If you had done it, she would have lived. There's the blood; that proves it." I did take a ring from Mrs Jarvey's finger, and I gave it to Captain Jarvey. I had difficulty in taking it off, and had to work it over the joint. That was owing to the stiffness of the joint, not to its largeness. 

Edward Hulme: I am a legally qualified medical practitioner. On the 31st December, assisted by Dr Alexander, I was present at the exhumation of the body of Catherine Jarvey. We afterwards took out the stomach and a portion of the liver. We secured both ends of the stomach and placed it in a jar, the portion of the liver being placed in a separate jar. We properly covered and sealed the jars. I gave them to a policeman, and I subsequently saw them, in precisely the same state, when I delivered them, placed in tin cases, and soldered down and taped and sealed. The body was too far advanced in decomposition for me to form any opinion as to any morbid changes internally, or whether the deceased died from asphyxia. The heart was quite empty and flabby; the lungs were inflated, but I think with gases of decomposition. There was a considerable quantity of fluid blood in the chest; but whether it came from the lungs or the heart I am unable to say. The deceased was pregnant, the foetus being five or six months old. I observed that both the deceased's fore-arms were slightly flexed on the arm, and the hands were clenched, but not very tightly. The arms were rather stiff, on being moved. The legs were straight down; but we did not try whether they were stiff. The belly was much distended with gas. We could feel that there was a considerable quantity of fluid in the stomach, but it was not very much inflated. Any examination of the brain would have been useless, on account of the advanced stage of decomposition.

Edward William Alexander, legally-qualified medical practitioner: I agree with the evidence of Dr Hulme, as read to me. I wish to add that there were some earthy concretions in the liver, and some old lesions in the lungs. There was nothing discoverable from the post mortem examination, to enable me to say what was the cause of death. I did not observe the neck particularly, but the head appeared to be in the usual position of that of a dead person. I believe the blood in the chest came from a blood vessel which was severed by us in removing the contents.

Charles Henry Hardy: I am a legally qualified medical practitioner. On the night of the 26th September; about ten o'clock, Captain Jarvey called me out of the Theatre, and requested me to come with him and see his wife who was in a fit. He said he had lost some time, having been to my house; and that before coming for me he had asked Dr. Worrall, who then lived almost opposite who said that Mrs Jarvey was dead. I went into the room and saw her. Captain Jarvey and Dr. Worrall followed me. I did not observe anything unusual about her. The head was not thrown back; if anything, I think it was slightly forward, on account of resting on the pillow. I told Captain Jarvey his wife was dead. He asked me to bleed her, and I said it was useless. He said, "If you don't, I will," and he pulled out a knife. Neither Dr Worrall nor myself had a lancet. I took the pen knife from his hand, and said, "I will do it, for it will not harm the body - it can do neither good nor harm." I opened the vein in the left arm. I did not remark any unnatural rigidity about the arm. The hand was closed, but I thought that might result from congestion of the brain. The arm was pretty limber — just what might be expected half an hour after death. The moment I opened the vein, the blood began to flow. Captain Jarvey raised her hand, and sat down behind her and propped her up in a sitting posture. She rose quite easily there was no rigidity at all about the muscles; and he said. "Oh! she'll come round! see, the blood is flowing." The blood came freely in drops. After a time, I told Captain Jarvey to move and let me replace the body; and he did so. After reasoning with him a while, trying to reconcile him, I left. I believe the daughter was in the room the whole time I was there. Captain Jarvey seemed much annoyed and grieved that that Dr Worrall had not bled his wife, saying "Had you bled her, she would have lived." I gave a certificate that the deceased died from fits. I remember that it was returned, for me to state what sort of fits; and I wrote "apoplexy" or ''epilepsy," but I am not certain which. That was based on what I had heard; and before giving the certificate, I informed the Coroner of the facts of the case, asking whether he thought it would be necessary to have an inquiry. The Coroner asked whether there was any suspicion; and I said that had not heard of any. Mrs Jarvey had told me that she was usually bled for the fits she had in Tasmania.

The Coroner: On a previous occasion, I mentioned this circumstance to tbe jury; but from the certificate given by Dr Hardy, and the statement made by the daughter, I did not think there was any suspicion at all. I had not made any examination of the body. 

Bernard Isaacs: I am a chemist and druggist in Dunedin. On the 25th September,  Captain Jarvey called at our shop and bought two quinine powders which he stated were for Mrs Jarvey, who, he said, was subject to fits. Each powder contained 2gr. of quinine alone. He did not ask for, nor did I give him, any directions. There is an entry of "quinine powder" in our books. On the same day, Captain Jarvey bought some opium from me, about ldr. crude, which he said was for the use of his ship, as he always liked to have a little on board. I meant, that I understood that it was for his own use, but on board his ship; he said something about often wanting some on board, and having to send to town for it. I asked him if he knew the dose; and he showed me from 1/2gr. to lgr. which he said he would give. About ten or twelve days previous to the 25th, Captain Jarvey came to the shop and said that he wanted to kill rats on board his ship, which was then on the slip; and that if he could do it by poison, instead of smoking the ship, it would save him great expense in taking out a fresh policy, and in other ways which I forget. I supplied him with a mixture which I called strychnine, but which was a mixture of corrosive sublimate and strychnine. I do not remember whether he asked for any particular poison or not. I think I gave him l dr. of the mixture, about 1 1/2dr. being of strychnine, and ldr. corrosive sublimate. I labelled the parcel "strychnine." I told him to be very careful, but he seemed to know how to use it. He said that he meant to lay it about the ship — that it would be all right, and everything was moved out of the way. On the 22nd September, Captain Jarvey called again, and said that the poison did not answer — that it made the rats sick, but he could not see any of them dead — that he thought it would only disperse them, and not get rid of them: and that he wanted some strychnine alone. I was out of it at the time, but I simply told him to call again, and I would have some pure strychnine for him. I got an ounce, from Messrs Youngman, of Stafford street. He called again, next day. He did not mention the poison, but I said, "I've got the strychnine for you now, captain. It's pure, and I should think you will be able to clear your ship with it."

I sold him about ldr., for 3s. I labelled it at the back and the front, as I always do poison. The labels were white, with the "Strychnine — letters poison," in red. I did not give him any instructions as to the use of it he had known previously that it was to be loaded on cheese or something of the kind, for the rats. I did not see Captain Jarvey again until the 26th, when he got the quinine and the opium, and also a cough mixture for himself. I am not positive whether Captain Jarvey got strychnine before the two occasions I have mentioned; but I have an indistinct recollection of having once more sold him some. If so, it was for the same purpose, while his ship was on the slip. I have no entry of such a third sale, nor do I generally make such entries. I am always careful as to the sale of poisons, and I have often refused to sell them. I think that Captain Jarvey called a few days after he got the strychnine and corrosive sublimate, and said, "I'll have a little more of that poison." At any rate, I understood that all I sold him was for the one purpose of clearing the ship, which was much infested with rats. Captain Jarvey has dealt at our shop for quite twelve months; and I think that eight or nine months ago he bought some phosphor paste, which he said was for rats, and that he afterwards said that it did not answer. He paid me the 3s for the pure strychnine, saying that it was for the ship, and he did not want it put to his private account. I think it must have been five or six weeks after his wife's death that I next saw Captain Jarvey, but that was in the street. I think he did not come into the shop for two months. He used to come in frequently, for he got from us all the things usually bought of chemists: and I attributed his not coming to his trouble about the death of his wife. I thought he did not go about so much. 

By Mr Smith; I could not offer an opinion how much strychnine would be needed to kill a human being Taylor says that 1/2gr has killed, and that it has taken 7gr to kill. There were 30gr in the quantity of mixture I first sold to Captain Jarvey. 

By the Coroner: When Captain Jarvey bought the quinine on the 25th September, he said that he was going to give a powder to his wife —  that she was subject to fits, and he thought one would be good for her.

By Jurors: There was nothing red in what I sold Captain Jarvey. I have tried all three of the poisons in every way I can think of, and I cannot get a trace ot a red precipitate from any of them. I have tried them with spirit, but not with brandy. 

By the Coroner: He did not say that his wife had recently had a fit or that she was then ill; and I thought he wanted the powder as a preventive. 

Charles Vallance Robinson: I am part owner of the Titania steamer, and am acting owner here. On the 25th September, Captain Jarvey was in command of the Titania. She was then on the slip at Port Chalmers; I think she was taken up about the 12th of that month. I was on board her nearly every day while she was there. Capt Jarvey never complained to me abut rats on board the steamer; he never said a word about getting poison for rats. I heard the engineer say that a rat had eaten through his coat; that was while she was laid up. There was never, up to Capt. Jarvey being paid off, any charge made against the ship, as for poison; he was paid off about the middle of October, he was discharged on account of what I heard as to an attempted assault on his daughter; and because I was told he had been guilty of misconduct with a woman, who was a steerage passenger on his last trip. There might have been a few rats on board the Titania; but I never heard of anything to warrant smoking the ship or laying poison for rats. I always gave Captain Jarvey a cheque for ths crew's wages and his own, monthly, and accounts for things supplied to the ship came into me. If he bought poison for the ship, I certainly should expect that he would ask me or Mr Lilly for the money. He may have paid small sums and got them from me again, but I have no recollection of such a thing; and I don't know an instance in which he paid an account for the ship without charging it again. I am certain that he never mentioned to me the purchase of my poison. I never heard of poison being laid down on board the ship. If Captain Jarvey or any other captain meant to use poison, I should think be ought to have mentioned it to me. There is an objection to the use of poison; for it is likely that the rats poisoned would get inside the ship's lining, and die there, and so cause great annoyance. I have had the Titania now eight or nine years, and I never had occasion to use anything on board to get rid of rats, or to smoke her for that purpose. 

By Mr Smith: Captain Jarvey was in command of the Titania for a year and eleven months. I was only on board one trip to and from Invercargill during the last six months; that was in June. I came from Picton in her during May. I know that there were a few rats on board her. Smoking a ship is the usual way to get rid of rats. I believe that when that is done, the rats generally try to get their noses out of some crevice, and are found about the hold or under the lining there. If we get dead rats in the lining round the cabin of the Titania, we should have to pull the place almost to pieces — it would cost us L200 or L300. I will not swear that when the Titania was laid up, Captain Jarvey did not propose to me to use poison to get rid of the rats, or that I did not object that they would die between the lining and the ship and so cause great annoyance; but I will swear that I have not the most distant recollection of any such thing. He might have done so, and if he had done so, I have no doubt I should have said. "No, don't use poison, for if you do they'll get into the lining, and stink us all out." I don't remember Captain Jarvey, in July, proposing to take up some of the lining, so as to enable him to get better at the rats; but in April last some of the lining was taken out, for the purpose of repairing a hole in the ship's bottom. Certainly, it was not to get at the rats; and Captain Jarvey was then away, having gone to fetch his wife from Tasmania. I am not aware that Captain Jarvey has been in treaty for a steamer to run against the Titania. I believe that he told a friend of mine that he was going to buy a steamer; but at the same time he asked my friend to give him, or get him, a captain's berth, so that I take it all as meaning nothing. I was not under the least apprehension that there would be any opposition to the Titania, through anything Capt. Jarvey might do. The friend I speak of was Mr E Hamilton, government inspector of machinery, and the steamer talked of was the Keera. I know that Captain Jarvey recently sent to Tasmania to hays some property there sold — not to buy a share in the Keera, but to pay me an account. It was an account of L50, on an acceptance I gave him after his children's death. He said he would put the deeds of the property in as security and the acceptance would be met at maturity. I don't know whether the property was or was not worth L300 or L400.

Agnes Lumb recalled by Mr Smith. She said: Miss Jarvey came to our house on Christmas morning, and we went into a room together. She told me she had not come to stop with me, but had come down about her mother's death, and then she told me all she told the Coroner the other day. That was the first I heard from her on the matter. She was in service on the Dunstan. She is still stopping with me; for she can't go into service again, placed as she is in connection with this matter.

Andrew King: I am steward on board the Titania, and have been so for two years. I believe that at the time the ship was on the slip at Port Chalmers, about September last, the engineer complained that some of his clothes had been destroyed by rats. They have certainly not been troublesome on board during the last two years; I have never seen or heard of them, until the time named. I never saw any on board, and I did not hear any complaint until September. I did not hear of any poison being put down, during September, to kill rats. If any had been used, I think I should have heard something said about it, by somebody. I did not hear any one speak of such a thing. I never heard of any trouble from rats in the cabin, nor anywhere else on board, except in the engineer's cabin, which is in the fore-part. I remember now that I did once see a mouse in the ladies' cabin, and I spoke of it. I don't know that there were rats forward; but the engineer complained that vermin had destroyed some of his clothes. I never smelled, or heard anybody complain of the smell, of dead vermin. 

By Mr Smith: I never heard any conversation between Mr Robinson and  and Captain Jarvey, about the number of rats on board. I remember once seeing some marks on a cheese, as if made by mice nibbling, but I don't know that l ever spoke to anyone about it. We lay alongside the wharf here, each trip. I do not remember any of the lining of the ship being removed, so as to get at rats; but that would not be much in my way to notice, and it may have been done. 

James Curran: I am second steward on board the Titania, and have been so for ten months. I am not aware that she is troubled with rats or other vermin. I heard the engineer complain in September, that his coat had been eaten through but I never heard any other complaint. While we were lying alongside Stuart street Jetty, I saw a mouse in the ladies' cabin, and that was the only one I ever saw on board. I never heard anything of poison being laid down on board; I don't know whose duty it would be to do such a thing, but I should do it, if told by the captain, or steward. I never noticed a smell on board, as from dead rats.

By Mr Smith: No, I never saw a rat on board the Titania during the ten months I have been on board. I spoke to King about the mouse I saw; and next day we looked for it but could not find it.

Robert Richardson Liddell: I am engineer of the Titania, and have been so since March last. I am not aware that there are any rats on board her, or have been — I never saw a rat or a mouse there, but I know that some of my clothes were, in September last, eaten by vermin of some kind, and that I complained about it. I used to find parts of a serge coat, that was in a drawer, gone of a morning and I complained of it to the owners and to  and to Captain Jarvey also. I spoke of a rat, or rats, at the time; and the mischief was done by rats or mice. I believe, as far as I recollect, Captain Jarvey replied to the the effect that he would "try and get something to put a stop to that," or that he would "put a stop to that." I never heard of poison being put down, or any other means being taken, to stop vermin, eating my clothes. 

By Mr Smith: The damage continued after I spoke to Captain Jarvey. I had a quantity of export paper in the drawers, and I used to find the corners nibbled off constantly, as if vermin were using it to build a nest or nests. This was after I removed my coat; and the nibbling at the paper continued for about two months, until I removed it too.

Elizabeth Ann Jarvey: It was only because I could not bring my mind to go against my father, that I allowed three months to pass after my mother's death, without making the statement I made to you the other day. I could not believe it to be true, until I had had time to reflect upon it. I loved both my parents, and I feared to go against my father, until I had had time to think so as to come to a proper conclusion as to the truth of what I had heard. When I thought it over in my mind, I thought it must be true what my mother had said about my father poisoning her, and that I should not be doing right in not telling of it, and not doing justice. My father was always kind to me until just after my mother's death, as I mentioned before. I have no vindictive feeling against my father; I only desire that justice should be done. I should know Margaret Little, if I saw her. (She was called in.) This is the person that came to the house on the second Sunday after my mother's death. I left the house two or three days after she came, I don't know that there was any acquaintance between my father and her, before my mother's death.

By Mr Smith: I took away from my father's house a few things that appertained to me. Mr Lumb had then a cab at the door, waiting for me. I took only a box containing things belonging to myself. I did not take any plated-ware — there was none to take. I have heard that my father has said he would send a search warrant to Mr Lumb's home, to see if there were things there belonging to him. I took my mother's Bible, but none of her clothes. When I thought of the matter, I thought it must be true what my mother said, for she was quite sensible when she spoke. Then there was the attempt upon myself; I do not mean that I supposed because he attempted to take liberties with me, that therefore he was capable of poisoning my mother. Her words had great weight upon my mind, for she was sensible. I did not go to the Police Office a fortnight after my mother's death. I came down country with the full intention of making the statement I have made. I asked Mr Lumb if I should make it, and he said, "Yes." Mr Lumb is a shipping agent; and he has told me that my father, about three months ago, had a shipping agency office on the wharf. I have heard Mr Lumb say that my father had threatened him with a search warrant; but he also said he did not believe father would do anything of the sort. After Dr. Hardy came, on the night mother died, I remember my father saying, "If you don't bleed her, I will." I was too much absorbed in sorrow to look up. I had my face buried in my pocket handkerchief; but I heard my father say, "She bleeds! she bleeds! she'll live yet." I cannot say whether my mother's body was then straight or was not.

The inquiry was adjourned to Tuesday, the 31st inst, to afford time for the analysis of the contents of the stomach of the deceased to be received from Melbourne.  -Otago Witness, 14/1/1865.


"I should know Margaret Little, if I saw her."

Margaret Little was not a family member and is therefore a mystery - but one to be revealed in time.  A mystery possibly not to be revealed are the fates of Elizabeth Jarvey's younger brother and sister.  They died on the same day, a month and a half before their mother - if Council burial records are accurate.  Contemporary newspapers mention the death of Charlotte, second daughter of Captain Jarvey - on July 29th - but seem silent about Archibald.  Jarvey's ship, the Titania, arrived in Dunedin from Invercargill on July 25.  The ship was taken out for overhaul and had not re-entered the water by the time of Catherine's death on September 26.  The next voyage of the ss Titania, under Captain Jarvey, was October 8, arriving at Bluff Harbour on the 11th.

The authorities did not, at the time, harbour any suspicions as to the deaths of the Jarvey children.  They were later to do so.  Those suspicions were matched by those of Tasmanian authorities around the circumstances of children buried at their previous home.

The Coroner was about to read sealed documents received from Dr. Macadam, when Mr. Smith objected. It was a rule of evidence, that no evidence should be tendered in a Court of Justice, but upon oath, and that in such a way that the person giving it might be subjected to cross-examination. 

The Coroner said that it was impossible Dr. Macadam could have come to Dunedin; but he had done the next best thing — made affirmation before Dr. Eades, who was a justice of the peace, as to the correctness of the statements made in the document. 

The constable in attendance asked whether Mr. Lumb, who had been summoned, would be wanted as a witness. 

The Coronor thought not. He might state that Mr. Lumb came to him — and also, he believed, went to the Commissioner of Police and made a statement; but it was so wandering in its nature, and so completely valueless, that he did not think it necessary to examine Mr. Lumb. However, if the jury, as residents in Caversham, thought it desirable to hear what Mr. Lumb had to say, he could be asked a few questions. 

Some of the jurors expressing a desire that this should be done, Mr. Lumb was called in, and the Coronor asked him, "What do you know respecting this matter?" 

Mr. Lumb: On the 11th of September, I was passing Captain Jarvey's house, being on a Monday, with two children of mine. I was called in, on repassing going homewards, and Captain Jarvey asked me if I would take a glass of anything. I said, well, I was not nice about what I drank, and he said he had nothing but porter, as he never did keep spirits in the house. I took a glass of porter, and prior to my leaving, Mrs. Jarvey requested, at least expressed a wish, that she would like to form Mrs. Lumb's acquaintance. I believe she said it twice before I took any notice, but on the third occasion of her mentioning it, I mentioned that I would speak to Mrs. Lumb about it. When I got home, I spoke to Mrs. Lumb about it, saying that Mrs. Jarvey wished to form her acquaintance, and I thought it would be very convenient, not being acquainted with anybody in Caversham, to have some female to call on her, in the event of her being unwell, and she having a lump of a girl 17 or 18 years of age to be able to look after the house while she was away. I gave an invitation on ihe Wednesday following. I believe it was on the 13th or 14th, but I will not be positive to a day or two for the Monday following, which was the 19th of the month. On my going home on the evening of the 19th, a little earlier than usual, in order to be a little company with the visitor, Miss Jarvey came out of doors, and said that her mother was very unwell. 

Mr. Smith: This is a waste of time, Mr. Coroner. This is not evidence. 

Mr. Lumb: But I wish it to be taken.

Mr. Smith: Your wish is not law, sir; it is for the Coroner to decide.

Mr. Lumb: I am bound to state facts.

Mr. Smith: You have come to make evidence, I suppose. 

Mr. Lumb: I've come to make a correct statement.

The Coroner: I have heard Mr Lumb's statement; and I am certain you will believe that would not keep back evidence of any importance. Mr. Lumb's story is quite valueless - it is nothing more than a rambling statement.

Mr. Smith: Of course, I do not object to evidence, so far as Mr. Lumb confines himself to what has passed between him and the accused, or with the deceased, at or near the occasion in question. But I could not fail to suggest that it was a waste of time to listen to what may have passed between this witness and Captain Jarvey's daughter. 

Mr. Lump: Miss Jarvey told me her mother was taken very unwell, but had just got out of bed.

Mr. Smith: You are not to say what Miss Jarvey told you. In consequence of what you were told, what did you do?

Mr. Lumb: I am not addressing you, but the Coroner.

The Coronor: What did you do? 

Mr. Lumb: I'm about to telling you. 

The Coroner: But you are so long about it. What did you do? 

Mr. Lumb: The following morning Capt. Jarvey meets me, and he says, "You must excuse Mrs. Jarvey for not visiting you. I nearly lost the old woman." I said, "Why, how did you manage that?" He said, "She was taken with violent vomiting, purging, and cramp in every joint of her body."

The Coroner: I will take that down, gentlemen; and afterwards make an observation upon it. (Having done so)

Mr. Lumb continued: She visited my house on the following day. 

The Coroner: Did she then seem ill? 

Mr. Lumb: Well, I should not like to say. I am not of the faculty.

The Coroner: Any man of common sense can tell whether a woman is ill. Did she seem to be so?

Mr. Lumb: Well, I should not think she was ill then. On the Sunday following Capt. Jarvey dined with me. He told me what he presumed was the cause of his wife's illness on the day she ought to have visited my house, he said, some potatoes were put before the fire to be warmed on the Sunday evening, and he said to her, "Mother, you had better not eat any of those potatoes because they mightn't agree with you" but she had scarcely eaten them before she was taken bad. But as it appears, Mr Coroner, you are not inclined to take my evidence, it's no use my giving it to you. 

The Coroner: Oh! go on. 

Mr. Lumb: Well, the death takes place on the evening of the 26th September. Mrs Lumb had been over there, and she came home about two in the morning. I've two children, and the first thing she says, "Are the children quiet?" I said, "This is a fine time for you to come home." She said, "Mrs. Jarvey is gone." I said — — 

Mr. Smith again objected. 

The Coronor: There is no advantage whatever in listening to this witness.

Mr. Lumb: I believe this barrister or lawyer here is trying to frustrate my evidence but I shall shall be able to give it elsewhere,  if not here. 

A Juror: It is only a want of time to listen to him.

Other jurors expressed a similar opinion. 

Mr. Smith: I should like to ask Mr Lumb a few questions, as he has been heard so far. 

You seem very anxious to give evidence in this case? Yes. 

May I ask are you the person who wrote the letter which was published, signed "Investigator?" I am. 

Then you are the man who can clinch the case? I believe if my evidence is taken I can give very good evidence. 

Is Elizabeth Ann Jarvey, who has given evidence here, an inmate of your house at the present time? Well, I don't feel myself in a position to answer that. 

But you must answer it? But I shall not.

Then I shall ask the Coroner to force you to answer it. 

The Coroner: You must answer it. 

Mr. Lumb: No. 

The Coroner: If you don't I shall commit you.

Mr. Smith: Now, is she a resident in your house? No, sir.

Was she lately? I don't know what you term by the application "lately?" What am I to understand?

Do you remember when this inquest was commenced? Yes.

Was she then a resident in your house? Yes.

When did she leave you? Some short time ago.

How long? I don't take notice of days.

But you know when the inquest commenced? Yes, I know there was an inquest here on the last day of the old year. 

I want you to say when Miss Jarvey left your house? I could not tell you. 

Or you think you won't tell? I cannot tell the day she left. 

What occupation, within your knowledge, was Captain Jarvey carrying on at the time of Mrs. Jarvey's decease? Captain of the screw steamer Titania.

Did he change his occupation afterwards? Not till six or seven days prior to this charge being brought forward. 

What do you mean by that? After the daughter having lodged this statement with me, and my bringing it forward.

What business did Captain Jarvey commence then? I was not aware he was in any business. 

Not the same business as yours? If so, I am not aware of it, by name, rank, or title. I have been told so since.

Will you swear that you did not know he was a rival of yours as a shipping agent? Only by hearsay. 

When? I have heard it since — since the man has been in custody.

Only since the inquest commenced? Yes.

And you did not know it before? No. My probity and rectitude are known throughout the town, from the highest to the lowest. You seem to doubt about my giving evidence. There's some of my evidence left out in what you have taken down, sir — that about my giving the invitation. 

The Coroner: That is not evidence. You do not seem to know at all what is evidence. 

Mr. Lumb: I don't know what is in this part of the world seemingly. 

The Foreman: Cannot we have the evidence from Melbourne read? 

The Coroner thought there was evidence enough to come to a verdict upon, without reading the document to which Mr. Smith objected. 

The Foreman: It will have to come out in evidence.

The Coroner: Dr. Macadam states that he has examined the contents of the stomach, microscopically, for the crystals, and chemically also, and that he finds poison. But that is not to be received or considered by you as evidence; for, as Mr Smith says, there might have been a mistake, and it is impossible to cross-examine Dr. Macadam now. It is possible that he might have employed impure re-agents, or the strychnine may have got in by some means not contemplated.

Mr Smith: In fact, Dr. Macadam may be quite wrong.

The Coroner: He may be altogether wrong. 

The Coroner charged the jury, who in a short time returned a verdict of wilful murder against William Andrew Jarvey. 

A Coroner's jury is gathered to make a judgement on a cause of death.  They have no further powers.  The next step was for the Coroner, Dr Hocken, to make out a warrant for the committal of Captain Jarvey to trial at the next session of the Supreme Court.

At the Criminal Sittings, Supreme Court, Dunedin, a true bill was found against Captain Jarvey for poisoning his wife. The trial is fixed for Monday next, in order to allow time for the arrival of an essential witness (Dr. Macadam) from Melbourne.   -Evening Post, 8/3/1865.

A "true bill" was a decision by the court, on presented evidence and without a contribution by a defence lawyer, that the accused had a case to answer.  Dr Macadam arrived in Dunedin from Melbourne on March 7.