In an adjacent story, that of Samuel Adams, the prison warder of Nelson, being murdered by John Davidson, who then shot himself in the head, there is mention of the reason Davidson was behind bars for the rest of his life. And, especially, mention of the woman in the case. Following the trail revealed a fascinating story.
THE LYELL MURDER.
THE PRISONERS' CONFESSIONS.
HORRIBLE STORY OF IMMORALITY AND CRIME.
[By Telegraph.] United Press Association.] Lyell, 20th February.
John Davidson made a statement yesterday as follows regarding the death of Denis Quinlan. He said:— "I, John Davidson, say as follows: — I was going to be married to Mrs. Gramatica in six or seven weeks from the time this affair happened. I came down here on the Sunday night, 28th January. I was all wet, and I took off my clothes and made a fire in Mrs. Gramatica's house, and hung up my clothes to dry, and before I turned in on the sofa I drank nearly half a bottle of brandy; then I unlocked the door and left a candle burning on the table, and nevor woke until next morning. I then got the bottle and emptied what was in it. I then lit my pipe and had a smoke. Then I heard Mrs. Gramatica singing out that she was dying for a drink. I said nothing, but looked round the place, but could find nothing. Then I proceeded to town. I went to Mrs. Williams' first, but she would not got up. I then went to Sloan's and got a bottle of brandy. Then I came back. While going home I picked up a bottle of brandy before I got to the fowlhouse, and when I went in Mrs. Gramatica started to tell me about leaving the door open. She was getting up at the time. We had three or four drinks and a talk at the same time. I went to look for some matches to light my pipe, and the first thing I saw was my own shirt with blood on the sleeve of it. I asked Mrs. Gramatica what brought that there, or how it came. She told me that she had saved my life last night, for my brains would have been knocked out on the sofa. She said she was coming from town, and there was a gentleman who was coming with her, but that she did not want his company. I asked her if anyone had come home with her, and she said no, but that a man came after her, and had a billet of wood in his hand, and his hand was all over blood. He saw my shirt hanging up to dry, and wiped his hands upon it, and the next thing he heard was me snoring hard. He wanted to know who was that. He then raised the billet of wood to hit me with it, and Mrs. Gramatica saw him in the act and knocked him down. He then went in a fit on the floor. She then ran and locked the doors and threw some water on him. She pulled me, but could not awaken me. She then put him out the back door, and followed him down the road, and saw him and another man rolling him off the road. I asked her why she did not lay an information against him for killing the man. I said he must be dead, else he would never roll him off the road. I told her that I would lay an information. She then brought a bottle of brandy, put two good drinks in a mug or teacup, and told me not to be a fool, and not to interfere with what did not meddle with me. She next brought a Prayer Book or Bible, and put it on a chair, and went outside and brought in an axe in her hand, and made me swear that I would never mention it to man/ woman, or child, living or dead, till I would see myself in danger, or she would knock my brains out with the axe which she held in her hand. I got the book and took the oath. I asked her then if any person saw this man coming with her. She said, 'Yes. He left Rosa Boyle's with her, and that it was Denis Quinlan.' I then said, 'You will be hung as safe as hell.' She said, 'No, by G__; I never put hands on him, but wanted him to go back.' I then asked her who it was that killed him. She replied, 'She was coming along by Little Ben's, and he tried to take liberties with her; that Little Ben heard the row and came out, and she wanted Ben to come with her to get Quinlan away.' I asked her how she got in tow with Ben. She said, 'She saw him with watercress. He was getting so sweet on her that she could see it. Before the accident occurred to me, the two men came along the road after her, and she was trying to get away from them, and she looked behind her, and saw Little Ben knocked down, and Quinlan pulling off his coat. She stood for a minute on the road a few yards away from them, and observed Quinlan fall, and said: 'O God!' She then ran as fast as she could until she got home, and when she came in she fainted on the floor. She had just come to a little before Ben came in. I again advised her to go and lay an information to the police, and she took the same book that I had sworn on, and she swore by the heavens and earth that she would never divulge a word; that she would suffer to be hung, drawn, and quartered before she would become an informer, and then she kissed the book, and told me to be a man, and not a coward. I said to her that I wished to Heaven I was dead before she told me about it. I said, I will be tried for this as well as you, as I was in the house and would never deny being there. I told her that everyone about the place knew that I used to go and stop there. She said, 'Be a man and not a lunatic.' I have sent for you, Inspector Emerson, to give this evidence of my own free will, and have requested the presence of Mr. Detective Quinn as to the proof of my statement. (Signed) John Davidson."
Mrs. Gramatica confessed as follows: — "I, Mary Gramatica, on the 28th January last was going home. I met Denis Quinlan, now deceased, at Rosy Boyle's. He asked me if I was going home soon. I said, 'Yes, I will be going very soon.' He asked me if anyone was going to see me home. I told him no. He said if I did not object he would see me and the child home. I thanked him and said I had no objection. The child was sleeping at Boyle's, and I said when she woke up I would go immediately. She did awaken, and I went directly. He came with me home. There was a light in the house, and a good fire on. I opened the door, which was not locked. I found John Davidson standing on the floor when I went in. I said, 'You are making yourself very comfortable.' He said, 'Why not?' Quinlan came in after me and sat on the sofa. I also sat down, beside him. He had a bottle of brandy with him, and asked for an empty glass. I said, 'I have no glasses, and gave him a small mug. He poured out some brandy for me, and I drank it. He helped Davidson to some and himself, then he put the bottle and mug on the table. He asked Davidson when he came down. Davidson said, 'Not long ago.' They were conversing together, but I did not pay much attention to what they were saying. Quinlan asked me to let them have another drink, which I did. They then began to talk rather cross to one another. Quinlan said, 'Yon are imposing on this woman. I have respect for her brother and for her, and I do not want to see it.' Davidson called him a liar, and said, 'Anyone that goes between that woman and me, I will do something to them.' Davidson called Quinlan a son of a b_____, and Quinlan threw his coat off and stood up to hit Davidson, but he did not get time to hit him. Quinlan came back again and sat down on the sofa and showed me his hand, saying, 'Look here.' I screamed, and said to Davidson, 'Oh! see what you have done.' Quinlan was stabbed in the wrist, which bled very freely. He seemed not to say much then, and my little girl was screaming when she saw the blood. I got a bandage and bound his wrist up. He again asked me for brandy, and I gave it to him. Davidson said the beet thing I could do was to take my child and go to bed. I took no notice of him. He again said, 'Tell the child to be quiet.' I asked Quinlan if his wrist was painful, and he replied, ' No;' but asked me to give him more brandy, which I did, and had some myself. Davidson helped himself to some. I then went to bed, the child being very cross. I left Davidson and Quinlan together, and they had no more words in my presence, I went to sleep, and did not wake till morning. I awoke pretty early. Davidson was sitting on my box beside my bed. I asked him what he was doing there. He replied, 'Nothing, but you had better have a drink,' and I said ' All right.' He gave it to me. I said, 'I must soon be getting up.' He said, You won't stir out of this room before 12 o clock to-night.' I looked at him and asked him what he meant. I saw the table up against my bedroom door, and asked him what he meant by putting it there. He said, To keep you and your child in your room. He said 'If you stir from the room to-day, or let the child out, I won't say what the consequences may be.' I then got very frightened of him, seeing what he had done to Quinlan's wrist, so I turned to my child, and said no more to him, but stopped in bed. I don't know what he was doing about the house, as I could not get out to look, the door being barricaded. He then come into my bedroom and said he was going to the Lyell, and said, 'If I got up, or let the child get up, or opened the door to anyone that knocked, I would suffer for it.' I asked him, for God's sake, to remove the table from the door, and, if he did, I would not get up or go out. He said, 'If you promise me that, I will.' He then moved the table. I got out of bed immediately to see what was the matter, that he had closed me up like that. When he saw me get out, he pushed me back, and I got into bed as quickly as possible. He asked me if that was the way to keep my promise? He said he was going to the Lyell, if I wanted anything. I told him I wanted a bottle of vinegar and a bottle of salad oil. He went to the Lyell, and said he would not be half-an-hour away, and to remember what he had told me. As soon as he went away, I got up to see what was the matter outside. I saw something like a heap of blankets, half on the sofa and half on the floor. I saw two boots under the blankets, partly covered over. I said 'My God, that must be Quinlan!' I went back into my room then, and thought he might only be sleeping, but thought he was in a a new position, and tried to look out to see if I could see him move, but I did not. I then began to dress myself, which took me a good while, feeling so frightened. Before I finished dressing, Davidson came back, and brought vinegar, oil, and brandy with him. I asked him what he had done. He laid he took Quinlan's heart's blood, and I said, 'Yes, there he lies.' He told me to go back to my bed again, which I did, and stopped there with my child all day, and never got up till Tuesday morning, but I could not sleep. On the Monday night I heard Davidson drag something out of the house from the back door, but I could not tell what direction he dragged it to, or what he had done with it. He came back in about a quarter of an hour. He called me after daylight on the Tuesday morning, and said I could get up. He got a bag and put some blankets in it with the sofa cover, and changed his trousers. He got a pair belonging to Christy, a foreigner, and put them on, and put his own in a bag with the blankets. He took the bag with him, and said he would be back by 11 o'clock, which he was. He had a dagger, and threw it over the terrace in the morning, just at the back of my house. He than changed his shirt and flannel. There was blood on the flannel which he took off, and burnt it with a match. This is all I know about Quinlan and Davidson. This statement has been made of my own free will and without any questions being put to me. I requested Constable Keating to fetch in Inspector Emerson to take this statement, which is true. — (Signed) Mary Gramatica."
Later.
John Davidson and Mary Gramatica have just been committed, on the Coroner's warrant, for the wilful murder of Denis Quinlan upon their own confession. -Evening Post, 21/2/1883.
I note the following circumstance: Mary was a prostitute, but engaged (or at least had some agreement) to be married to John. John arrives at Mary's house without letting her know in advance that he was going to do so. Mary arrives with Quinlan - presumably a customer. The situation, naturally, becomes tense.
Two full years before the finding of the body of Quinlan, John Davidson does something which might indicate an unstable character.
ATTEMPTED SUICIDE.
John Davidson was charged with attempted suicide, and pleaded not guilty.
Mr Lascelles defended the prisoner.
Gordon Gillies, examined by Mr Cotterill: Had known prisoner two or three years. Recollected the 27th January last. Had seen the prisoner occasionally, when he appeared very peculiar. On the night after New Year's Day he called him (witness) out, and said everybody appeared to be against him (prisoner). He (witness) said it was only lowness of spirits, he would find he had a good many friends. Prisoner lived two doors from him. He saw prisoner on the night of the 27th. From something he heard he went to prisoner's house on the night of the 27th. He went into the kitchen, which was in darkness-. He heard & rattling noise. He called for a light, and found prisoner hanging to the knob of the kitchen dresser by a leather strap fastened tightly round his neck. Tried to cut the strap with a knife. Was afraid of cutting the neck, the strap was so tight. He noticed it was only a running loop. He cut the strap away. He then lifted prisoner up with the assistance of a man named Adamson. Prisoner appeared to be quite lifeless. They laid him out on the floor. After about two minutes he commenced to breathe, and his eyes rolled. Soon after prisoner jumped up and seemed delirious, and could not understand what had happened. Then he came to, and remembered what he had done, and said "Gillies, it is drink," and promised he would never touch drink again. (Strap produced.) That is the strap. Could not say if prisoner had been drinking.
Cross-examined by Mr Lascelles: His manner was sometimes peculiar. There was a nervous expression in his face. Prisoner had lately sustained a heavy loss in having his house burned down and everything in it. He was more peculiar after the fire than before it. Always took prisoner to be a very steady man. A little drink had a great effect upon him. When prisoner came to he said something about having had a few words with his wife. He often spoke about his loss, and said everybody was against him. He appeared to think that the fire at his house was not accidental.
James Adamson, sworn, corroborated the evidence of the last witness.
F. A. Wilson, constable, sworn, stated that he arrested the prisoner. Prisoner said be had had a few glasses of beer. He knew prisoner before. Never knew him to drink. He had no appearance of having been drinking. No witnesses were called for the defence.
Mr Cotterill and Mr Lascelles having addressed the jury, His Honor, in summing up, said the law provides a fine or imprisonment. If they were satisfied that this man was insane at the time, it would be their duty to acquit the prisoner. Insanity was not sufficient to excuse a man for attempted suicide; it must be an insanity which renders him incapable of knowing the nature or effects of his crime. A number of examples were given, illustrating the different kinds of mental disease. They should ask themselves whether there was any evidence that this man was insane. Was there anything further than depression resulting from a great misfortune? If a man makes himself voluntarily drunk, and commits a crime, he is responsible for his crime. It is not sufficient to say that a man was greatly depressed. Unless he was quite incapable of knowing the nature and consequences of his crime, he was responsible for the result of the crime. In conclusion, he reminded them that, if they had any doubts on their minds, they were to give the prisoner the benefit of it.
The jury, after retiring for a few minutes to consider the verdict, returned a verdict of not guilty, and the prisoner was discharged. -Daily Telegraph, 21/2/1881.
Supposed Murder near Lyell.
DISCOVERY OF A HEADLESS CORPSE.
[By Telegraph.] (United Press Association.] Westport, This Day.
A headless corpse was found a few days ago near Lyell. It has been recognised by the clothes as the body of a man named Denis Quinlivan. The head was separate from the body, which had also received other injuries. The body, which was much decomposed, was found at the bottom of an embankment 8ft high, with the Buller river running close at hand. The opinion of the doctor called in is that the fall from the embankment would not injure a child, much less sever the bones of the head from the body and inflict the other injuries. Deceased was last seen leaving the Lyell, in company of a woman, at 10 on the night of Sunday week. The general opinion is that Quinlivan has been murdered. An enquiry is now proceeding at Lyell. It is a singular coincidence that a man named John Davidson attempted suicide by cutting his throat with a razor at the exact spot whore Quinlivan met his death. Davidson is now in gaol here under committal to the District Court for attempted suicide. -Evening Post, 8/2/1883.
A singular coincidence indeed. The suicide attempt occurred three days before the finding of the body of Denis Quinlan.
John Davidson and Mary Gramatica were both charged with the murder of Denis Quinlan. Shortly after they each made their confessions, Mary's being described as "stated to be a little nearer the truth" than that of John.
We take the following items from the Westport Times: — The arrival in town, on Saturday evening, of John Davidson and Mrs Grammatica, was witnessed by a large number of persons, who crowded around the coach, when it stopped, at the corner of Wakefield street, near the Gaol, to put down the prisoners and their guardian, Constable Palamontaine. Mrs Gramatica (being a widow) was dressed in deep mourning, and was thickly veiled. Her appearance was much more reliant than that of Davidson, who looked very miserable indeed. The fact of his attempting to commit suicide is an index to his despondent character, showing that he has not much faith in his ability to free himself from trouble. The male prisoner only was handcuffed during the journey.- John Davidson and Mary Gramatica were brought down from Lyell on Saturday evening, per coach. The general impression is that neither of the statements made by the prisoners are true except in slight degree. Both are considered guilty, and their confessions are taken as mere attempts to implicate each one the other while concealing the actual circumstances of each one's connection with the crime. It is not yet known whether the two prisoners will be sent on to Nelson together by the first steamer, or whether Davidson will be kept here to stand his trial for attempted self-murder, at the District Court on March 13th. The latter is most likely to be the case. -Inangahua Times, 2/3/1883.
THE LYELL TRAGEDY!
VERDICT OF MANSLAUGHTER!
A LIFE SENTENCE!
The whole of the witnesses having been examined, the following letters addressed by the prisoner to Mrs Gramatica in gaol were put in:
You doubted my word before, and you are doing the same now, but you will see the end of it. Had you believed me, you and me would not be here to-day. Think that that well. A lie I never told in my life, and I will not now. I will not wait for the Grand jury to sit. Though I am innocent of the crime I was charged with I will say that I was helping you to do it, and then you will say as you did before; you remember you said once that you did not think I was so fond of you, and this will be the same as that.
Mary, I am very sorry indeed that you are that hardened in crime that you doubt my love for you. Yes I do, and forgive all the past and will stick to my word and you will see then that I tell no lies, all for the love of you. You can't turn me against you, do as you will, and you will never live with another man only me, if I can manage it. If I die, by Heaven you will do the same, if I live, you will do the same. I am too fond of you for that though you have tried to hang me all you could, but to no purpose.
Do as you like. My life is nothing to me since you try to take it from me, and to live without you I will not, and to die without you I will not, by all the good angels that ever travelled the heavens. May I be d____d for ever if I do, for I am innocent of the crime that you tried to have me hanged for with your lies. If you want to live you must let me live as well and deny your statement. If you don't do that to my satisfaction you will hang with me, and I will not try to do that. Choose for yourself. I thank you for your offer of doing my hat but I can't be co cruel aa to disgrace you. People might think that you cared something for me, and that would lower your dignity in the eyes of the ladies.
If you like death, don't die for me, I don't give a d__n which you choose to do. Deny your statement and live; stick to your statement and die. May my body and soul burn in hell for everlasting if I am telling a lie, for if you don't go back of that statement, you must die at all risk and peril, that's the short and long of it; stick to my and I will, that you will find out at the cost of your life, and blame your own stubbornness for it. What's all the world after death to you or me? Nothing. Hoping you in good cheer to give me the final decision of life and death, I remain yours to death, even the same, to alter I never will — that's me, as you must be aware of before today, that what I say I will do at all risk. Don't be a fool."
"My dear Gramatica, the supposed Mrs Davidson * * * I forgive you for the past if you change your mind now, although it is hard for me to do it after you taking part with that Irish ____'s son that's dead and d____ I hope, that's all the harm I wish him; and for the last time I request you to do as you are told."
"Your a false hearted woman, if I may call you a woman, to pretend love to me, and to allow that dirty, low Irish pig of a blaguard to sleep with you the night before that happened. I only wish I had the chance of defending with the son of a b____, but he is in hell now."
"I, Mary Gramatica, am sorry for taking the advice of another to bring John Davidson for the murder of Quinlan, which is false, but not of my composing. I did it at the advice of a pretended friend, and knowing the same to be false. I know nothing of this murder. Signed Mary Gramttica. — Have it properly drawn by Bunny, and send it to me, and I will take his advice. Send him to me, and you will be free in three weeks. If you don't, you will never be free, take my word for that."
Mr Fell commenced at 4 o'clock to address the jury. After alluding to the gravity of the occasion, he proceeded to say that he believed the jury would consider that he had fulfilled his promise in making out a strong case for the prosecution. Mrs Gramatica had given her evidence in the most straightforward manner, and it had, in all the main points, been corroborated by the testimony of independent witnesses, and in addition to this the prisoner himself had done and said even more to prove his guilt than any other person. It must be remembered that Mrs Gramatica was not now charged with the murder, but only as an accessory and with having endeavored to shield the actual murderer. She had no doubt made false statements, but these were given in the hope of freeing her friend. Her evidence showed that she was on terms of great intimacy with the prisoner, who was thoroughly infatuated with her. No doubt she was a woman of dissolute habits, but from the beginning he had a strong passion for her, and that infatuation was to be traced throughout the whole case, and this, together with the curse of drink which had fallen on the district, had brought him into his present position. He was at her house on the Sunday evening waiting for her, when she arrived with another man, and he was seized with a paroxysm of jealousy. It was suggested that more than the three were present, but if so why were they not produced, for Davidson must know who they were. Their non-appearance wag a strong corroboration of Mrs Gramatica's evidence, as was also the fact that Wallis, who was aroused by the disturbance at night, heard no woman's voice in the row. Mr Fell then alluded to the doctor's evidence and to the extraordinary demeanor of Davidson at the township. The impression conveyed by this was that he found he had desperately wounded Quinlan, and then rushed off to get brandy, the medicine apparently so commonly in use at the Lyell, in the hopes of reviving him, but it was of no use; he came back, found he had to face the worst, and the next time they heard of him he was sitting by the woman's bedside. Then he removed the body, and tried to get rid of it by throwing it over the bank, but it lodged part way down, and the next day he looked over, saw the awful object there, and in his despair attempted suicide, afterwards expressing regret that he had failed in doing so. Mr Fell then commented on Davidson's own statements, pointing out the discrepancies, the proved falsehoods they contained, and their utter improbability. It might be urged that he had killed Quinlan in self-defence, or that it merely amounted to manslaughter, while the third conclusion open to them was that it was wilful murder. Now he could not help pointing out the malice betrayed by his conduct to the man Staton, when, as he presumed, he attempted to come between him and Mrs Gramatica. Take this in connection with the letters written by him in gaol, and it was easy to conceive what his feelings would be when he found Quinlan returning home with her. Mad with jealousy, and inflamed by drink, he slew the man he hated, the man he did hate, and does still hate, as shown by the awful hope expressed in his letter to Mrs Gramatica that his soul was now burning in hell. It was his (Mr Fell's) duty to ask justice from the jury, not to seek for a conviction, and it was with this view that he had laid before them all the evidence at his disposal.
Mr Fell sat down at 5.10 after speaking for an hour and 40 minutes, and the Court then adjourned until 7.15, when the Hall was densely crowded in every part.
Mr Pitt, in opening for the defence, said that but for Gramatica's evidence, Davidson's whole conduct throughout the case was quite consistent with his innocence, and that woman, known to be of dissolute habits, and the one on whom suspicion first rested when Quinlan's death became known, came into the box and at once admitted herself to be a perjurer. She was also an accomplice, and although it was said by the Crown that she was not running any risk of her neck it must be remembered that the Crown had had to pledge itself not to proceed against her in order to get her evidence. In this she had made false statements on vital points and generally was not to be believed, while her evidence was uncorroborated on many important points and altogether contradicted on others. Now assuming Quinlan to have been killed at Gramatica's house by violence there was no evidence whatever that the prisoner did the deed. He then commented on the extreme improbability of Gramatica's story with regard to the quarrel, the stabbing, the sitting down quietly afterwards together, and Davidson helping himself to the brandy of the man he had stabbed. Then when the body was found where was the bandage? Everything was found on him except this which would have been strongly corroborative of the truth of the woman's evidence. Then was it likely that she and her child would quietly sleep through the noise described by Wallis and others, the former of whom heard three or four men's voices as well as that of Mrs Gramatica. At considerable length he referred to the dagger episode, and laid great stress on the fact that it could not be found and that the prosecution had not caused Davidson's hut or claim to be searched for it. Then there was the bag of blankets which was never found, and which Davidson was never seen carrying, although he was said to have started with it in the direction of the Lyell. The prisoner had fully and satisfactorily accounted for his change of clothes. He was alleged to have partly destroyed his shirt and to have left the other part in the house. Now was this not a much more likely act for a woman than for a man to perform? He then criticised Dr. Campbell's evidence at length, and commented very severely on the carelessness with which he had given his testimony at the coroner's inquest, where he omitted all mention of several very important matters. Then there were the incisions in the shirt and flannel which did not correspond with each other, while neither corresponded with the suggested wound in the body. Another theory for the prosecution was the state of the body and skull which, it was suggested, had been boiled, subjected to other kind of heat, or treated with some corrosive substance, but there was not a particle of evidence in support of this, while there was irrefutable evidence that there had been no fire in the house between the time of the alleged murder and the removal of the body, and besides, Gramatica was there all the time, and could have told whether or not Davidson had done any such thing. Then much had been made by the Crown Prosecutor of Davidson's two contradictory statements. These had been read at length, but he dared not read to them Gramatica's statements which were now admitted by her to be false. It was admitted by the Crown that she had committed perjury and yet they were asked on her uncorroborated evidence to hang the unfortunate prisoner. He then referred to Gramatica's statement given in evidence here that Quinlan had not slept at her house on the Saturday night. whereas it was clearly proved by three independent witnesses, Carroll, Whelan, and Chiaroni, that he had done so. There was also a striking mistake in her statement as to the time when Davidson visited the Lyell, all of which tended to show her utter unreliability. Referring to the cause of death, which Dr Campbell had said might have been the smashing of the breastbone, Mr Pitt referred to a statement that Mrs Gramatica was alleged to have made to one McKenzie regarding an axe, requesting him to "remove that horrible axe," and he suggested that probably the death blow had been given by her with that instrument. If she had been innocent as she pretended to be, nothing was easier for her to do than to inform the neighbors of what had occurred whilst Davidson was at the Lyell. By her not doing this she clearly showed that she was not innocent, and if not innocent then her whole story fell through. Davidson's strange conduct at the Lyell be accounted for by the fact that he had been drinking heavily, and was suffering from incipient delirium tremens. There was no evidence at all of any murderous weapon having been used, and Quinlan might have met his death by a blow, or a fall, or some sudden excitement, nor was there anything to show that he was killed in Gramatica's house. He might have come by his death by accident, by a fight on the way home, or he might, in his evidently drunken state, have walked over the precipice, mistaking it for the road. It was true that the head was found apart from the body, but according to the doctor's evidence there was nothing to show that it had been detached by violence. The letters written by the prisoner in the gaol were regarded by the Crown Prosecutor as strong evidence, but for his own part he did not attach much importance to them. They certainly were extraordinary productions but quite explicable. The position taken np by Davidson was that he himself was conscious of his own innocence, but that she and others with her were guilty. Had she been true to him he would have been content to suffer for her, but she knowing him to be innocent had turned against him and sought to convict him. Hence the opprobrious epithets used by him towards her. The letters at one time exhibited the wiliest malice, hatred, and revenge, and the next were full of love and affection. Indeed they seemed to point to an unbound state of mind on the part of the writer. The Crown Prosecutor spoke of the animus displayed against Quinlan in the letters and said that after such awful expressions the prisoner was not entitled to any sympathy from the jury. But he did not ask for their sympathy, all he wanted at their hands was justice. The crime was attributed to jealousy and the letters were put in as proof of the existence of it, but he regarded them rather as the productions of one who was suffering from ingratitude and injustice from a woman from whom he had a right to expect different treatment. In conclusion he would say that he had done his best to place before them the whole of the facts of the case so far as they had come to his knowledge. The duties of all who were taking part in this trial were very grave and responsible. He felt deeply his own responsibility in defending the prisoner, but those of the jury were far greater. It would, he felt sure, be far more satisfactory to them to be able to arrive at the conclusion that they could acquit the prisoner than to have to find a verdict of guilty with all its awful consequences. He felt sure that the evidence would receive the fullest attention at their hands, and that the verdict at which they arrived, whatever it might be, would be a just and a righteous one.
Mr Pitt resumed his seat at 10.15, after addressing the jury for three hours.
His Honor then commenced to sum up. He said he would first go over the evidence quite irrespective of that of Gramatica, and with three ends in view, first to ascertain whether Quinlan was murdered by somebody; (2) if so, when and where?; (3) By whom? With masterly skill he brought into strong light all the salient points, and arrived at the conclusion that even without the woman's evidence there was at least a case of very strong suspicion against the prisoner, while if the believed her statements they must of course convict without hesitation. He said that the fact of their being there and having spent so long a time over this trial was a proof of the value which, in our present social condition, was attached to human life. They were there to vindicate it not only in the person of the murdered man, but of the accused. They had a double duty to perform — to the prisoner, whom they were not to convict unless they considered the evidence against him perfectly satisfactory; while on the other hand it was their duty to the community not to acquit him if they considered the evidence against him was conclusive.
His Honor having occupied an hour and a half in summing up, the jury retired at midnight. Shortly afterwards the foreman returned and asked whether it was open to them to find a verdict of guilty of manslaughter.
His Honor sent for the jury and explained to them the difference between murder and manslaughter, and said that it was open to them to find guilty of the latter.
The jury then again retired and after being absent for 40 minutes from the time they first left the Court, returned with, a verdict of guilty of manslaughter.
The Registrar: Prisoner at the bar, have you anything to say why sentence should not be passed upon you.
Prisoner: Yes. I have been found guilty on the evidence of a perjured prostitute and two perjured constables.
Mr Pitt: I would ask your Honor to consider the evidence of the letters and the remarks just made by the prisoner as to some extent showing that he is not altogether responsible for his actions or utterances.
His Honor: Prisoner at the bar — I cannot wonder at the apology offered for you by your counsel, at the same time it is impossible for me to give any weight to it. You are evidently a man of violent passions, and, rendered furious by drink, there can be no doubt that you committed the crime. I wonder that you should show so little grace as to make such an observation. The jury have taken the most lenient view of your crime, and the evidence would, in my own opinion, have fully justified a verdict of wilful murder. The grounds on which that verdict are founded are perfectly irrefragable, and your observation can have no other effect than to show how thoroughly you are wanting in grace. But I shall not prolong this scene. You have been found guilty of manslaughter, but I consider it of the most aggravated kind, and I shall inflict the severest punishment allowed by the law. The sentence of the Court is that you be imprisoned with hard labor for the remainder of your natural life.
His Honor then thanked the jury, and discharged them, saying that they had done their full share of the work of this session, and would not be called again.
The Court adjourned shortly before one a.m., until 10 o'clock this morning. -Nelson Evening Mail, 21/6/1883.
[BY TELEGRAPH.] [UNITED PRESS ASSOCIATION.] NELSON, 21st June.
In the Supreme Court to-day, Mary Gramatica was arraigned on a charge of being an accessory after the fact to the murder of Denis Quinlan by John Davidson. The Crown offered no evidence, and the jury were directed to return a verdict of Not Guilty; and having done so, his Honour addressed the prisoner, and said that he was convinced that she was innocent of murder, and as to the charge of being an accessory, was more sinned against than sinning. She excited the passions of the men, and led up to the crime, and her conscience must tell her how much she had to answer for, not before that, but before a higher tribunal. He hoped when she left she would consider »he depraved and disgraceful life she had led, and would endeavour better to discharge the duties she owed as a mother, that she would give up her shameful life, and by her conduct in future do the best in her power to blot out the wretched past. She was then discharged. -Evening Post, 22/6/1883.
Mary Gramatica, whether or not she gave up her shameful life, lived on at Lyell.
WESTPORT, January 8. By a dray accident at Lyell yesterday Martin Carroll had his right leg broken in two places, his arm broken, his ribs injured, and his skull fractured. Denis Ryan, a boy, was also hurt by the dray running over him. As the horse bolted with the dray it collided with Mrs Gramatica on the Lyell Bridge, and injured her. The condition of the three sufferers is serious. Carroll was brought to the Westport Hospital. -Oamaru Mail, 8/1/1896.
The Lyell Times administers a deserved rebuke as follows; — "A mean and contemptible reference has appeared in the Buller Miner concerning the injured woman, Mrs Gramatica. We would have thought that any man with sense would be content, under the present painful circumstances, to let bygones be bygones." -Inangahua Times, 14/1/1896.
The three persons injured in the dray accident at Lyell last week — Mr Carroll, Mrs Gramatica and the boy Ryan — are all doing as well as could be expected. -Press, 27/1/1896.
Mrs Gramatica, who was injured by a dray accident at Lyell on the 7th inst., died at the Westport Hospital on Friday morning. She suffered great agony owing to internal injuries, but relief came shortly before her death, and she passed away peacefully. She leaves a daughter who resides at Nelson, and a brother at Greymouth. The deceased, who was a native of Ireland, was 46 years of age.- Westport News. -Inangahua Times, 27/1/1896.
Mary Gramatica is buried in the Lyell Old Cemetery, as are her husband, Pieto Bartolomeos, and Denis Quinlan.
The actions of John Davidson on the last day of his life, as described in the adjacent story, are certainly those of a desperate man with nothing to lose, especially after the murder of Samuel Adams. Whether they were those of an innocent man, wrongly convicted and betrayed by the woman he loved, nobody will ever know.
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