SUGGESTIONS OE FOUL PLAY.
(By our Special Reporter.)
Six miles from Clare lies, the unpretentious little village of Penwortham, which just at present is probably more widely talked of than at any previous period of its history.
The cause of the unwonted publicity lies in the mystery attached to the death of the oldest resident, Mr. Joseph Ninnes. This has caused the place to be visited by an unusual number of strangers, chiefly medical experts and police officers.
Note: all Illustrations are not actual pictures of the participants.
The Death
The deceased was found lying on the floor of his room on February 5, his body bearing evidences of the fire which had occurred in his bedroom.
No suspicions were aroused at the time, and the coroner decided not to hold an inquest.
Mr. Ninnes, who was 82 years of age, married his third wife about 15 years ago, but at the time of his death they occupied separate rooms.
This accounts for the fact that no one was in the room when the tragedy occurred.
It was stated after the burial of the body that the deceased on the day before he died had told one of his sons that he was displeased with his wife, and that he intended to alter his will. This and many other rumours that have gained currency will probably be fully investigated by the police.
The deceased was said to have been latterly exceedingly petulant and hard to please, but it has not been shown that there was any evidence of active hostility between him and his wife.
An inquest was opened in Clare on Tuesday evening, and after evidence of identification and the medical testimony had been taken, the enquiry was adjourned till Monday next to enable the police to make a more thorough enquiry.
Index: Feb 19 Exhumation
THE PENWORTHEN MYSTERY. DEATH OF JOSEPH NINNES.
EXHUMATION AND INQUEST,
(From Our Own Correspondent.)
A great deal of interest has been aroused in what is now known as the Penwortham mystery. Later reports seem to indicate that the circumstances surrounding the death. of the old man Joseph Ninnes require thorough investigation.
The facts as gathered are that early on the morning of February 5 Ninnes was found somewhat severely burned in his bedroom, which was on fire. He died soon after being dragged out.
No inquest was held, and the body was buried. Afterwards certain rumours were circulated. It was stated that unpleasantness had arisen between the Husband and wife, which led the former to alter his will. This was done on the day the fatality occurred.
In consequence of the rumours the body was exhumed. An inquest was opened and then adjourned.
Ninnes, who was 82 years of age, is said to have left property valued at £15,000. He had been married three times. His latest wife is a comparatively young woman.
A statement has been made by a young woman, Susan Wyman, who was staying in the house at the time of the occurrence, in regard to the movements of a farm hand named John Warburton.
Miss Wyman says she was aroused by hearing cries as of someone in pain. She jumped out of the window, and noticed the place on fire.
She went to the front of the house, and saw Warburton standing on the verandah with Mrs. Ninnes. Warburton wanted, her (witness) to promise that she would not say she had seen him there if anyone asked her, but she did not promise.
Mrs. Ninnes also urged her to say he was not there. Miss Wyman replied, 'I will not tell a lie. If I am asked I will say he was here. She added that she had not seen Warburton since.
A neighbour, J. Brazier, who had been called to assist at the extinguishing of the fire, said that Mrs. Ninnes had informed him that Warburton left the farm at midday on the day previous to the fire.
Warburton had told him that he had had a bit of a row. with Mrs. Ninnes, and was going to work on a farm near Kapunda.
Joseph Trestrail, another neighbour, said Warburton went to his place at midnight on Saturday after the fire to inquire for Mrs. Ninnes.
Trestrail asked him if he was at the house when the tragedy occurred. He replied he thought it was on the previous Tuesday, that he left. Afterwards he said he left on the following day.
The inquest is to be resumed on Monday. About a dozen witnesses have to be examined.
THE INQUEST. Clare, February 17. (from above report)
The body of Mr. Joseph Ninnes, who was burned to death on February 4, was exhumed today at Penwortham.
Detectives Priest and Dempsey are in charge of the case, assisted by Mounted-Constable Farmer. The jury were sworn in at Penwortham this afternoon, and having viewed the body, and the premises where the fire occurred, the coroner (Mr. John Christison) adjourned the enquiry to Clare.
Drs. Ramsay Smith and Rogers made a post-mortem examination of the body.
The inquest was opened at the Clare Courthouse at 8 o'clock. Mr. E. J. Scott was chosen as foreman of the jury.
Peter McDougall, carpenter, Clare, who had buried the deceased, said he had attended that day at the Penwortham Cemetery, and assisted at the exhumation.
He saw the coffin opened, and the body was that of the deceased, Joseph Ninnes.
Dr. Ramsay Smith said the coffin was disinterred and opened in his presence, and the body was identified by Mr. McDougall as that of Joseph Ninnes.
Witness afterwards made an examination of the body.
Read the rest of the injuries detailed at the inquest (lots of details!)
At the request of Detective Priest the enquiry was adjourned till Monday next at 10.30 a.m.
Dr. Ramsay Smith and Dr. Rogers will return to Adelaide to-morrow morning.
THE CLARE MYSTERY. NINNES'S BODY EXHUMED. ADELAIDE, Tuesday.
Sensational, developments are expected regarding the manner in which the old man Joseph Ninnes met with his death at Penwortham, near Clare, on February 5th 1903.
The city coroner (Dr Ramsay Smith), with Dr Rogers and Detectives Priest and Dempsey, went to Penwortham, where the body was exhumed, and the doctors conducted a thorough examination.
The deceased, who was 82 years of age, was married three times, his last wife being only 23 at the time of his marriage. She survives him.
Mrs. Ninnes's story of how her husband met his death was to the effect that on the night of February 5th she and her son (Bertie), 14 years of age, were living in the house with Ninnes, and towards morning woke to find the place on fire.
They tried to rescue the old man, but were unsuccessful, and when the fire was extinguished his dead body was found huddled up in a corner of his bedroom.
When the doctor was called in, he discovered marks on the nose and forehead, but surmised that these were caused by falls from his bed.
The widow did not mention that anyone else was staying at the house at the time, and when the servant girl casually mentioned in her account of the fire that a man was also there the friends of the deceased became suspicious, and demanded an inquest, a request which the Attorney-General granted.
The inquest was opened in the Clare courthouse tonight. (17 Feb 1903) with Mr. John Christison (former mayor of Clare) as coroner.
Dr Ramsay Smith, who conducted the post-mortem examination, stated that, in addition to burns all over the body, the scalp was injured in two places not quite to the depth of the hone, and the skin was broken in other places.
The injuries might have been caused by a fall or a knock.
Death might have occurred either from burns or suffocation, but burns were not likely to have caused death suddenly.
Deceased's heart was diseased, and this also might have caused death.
He could not say whether the suffocation was due to strangulation or not.
He had never known death to occur in a few hours from burns such as those he saw on the deceased's body.
At the request of the police the inquest was adjourned until Saturday.—
THE PENWORTHAM MYSTERY.
EXHUMATION OF THE BODY. STATEMENTS BY RELATIVES AND OTHERS.
THE WIDOWS VERSION. OPENING OF THE INQUEST
[By our Special Reporter.]
CLARE, February 17.
For close upon half a century peaceful serenity has reigned supreme at Penwortham— an old-time "Polish village" near Clare - but the delightful obscurity which has
kept it from public notice for all these years, was broken with striking suddenness on Tuesday.
The result is to-day that the eyes of all Australia are upon this quiet spot.
Mr. Joseph Ninnes, a respected and valued settler of Penwortham is reported to have died on February 5 from the results of a burning accident.
This is said to have been caused through a lamp falling from a washstand in his bedroom on to the floor, and setting the bedclothes alight.
He was discovered by his wife penned in the corner of the room, and being old and feeble was unable to do anything for himself.
With the assistance of her boy, of about 14 years, Mrs. Ninnes managed to move her husband, but he fell on to the bed, which was well alight at the time. After an effort she succeeded in dragging the prostrate body, to the passage, and called in a neighbour.
On arrival the neighbour fancied that Mr. Ninnes was dead, and Dr. Smith, who was sent for, pronounced life to be extinct when he examined the body. This was practically the story told by Mrs. Ninnes, and on this statement Mr. Bentley, a local justice, gave a certificate of burial.
The matter would possibly have ended there, but people will gossip and one thing leading to another, a chain of suspicion was woven.
The day before the fire (sons) Messrs. Joseph and William John Ninnes, sons of the deceased by his first wife, called upon the old gentleman, and had a long chat about their private affairs.
The outcome was that Mr. Ninnes, sen., decided that he should call in next day his banker, and have a talk with him. The position of the wife was discussed at the time, and the sons then drove away, leaving their father in good health and spirits.
Next morning they were called in to view his dead body. They found the face covered with burnt feathers, and almost unrecognisable. When next they saw the body it was laid out ready for burial, and they state that they were surprised to find that the face looked so much better than they expected.
There were, however, marks or dents on the nose and forehead, which it was surmised were caused when the deceased fell.
During her description of the occurrence Mrs. Ninnes did not say that anybody was staying at the house, and when the servant girl happened to mention casually that some one was there the friends of the deceased instantly took the matter up.
Mr. Magnus Badger, solicitor, of Clare, was retained and requested to ask the Government to exhume the body, and at the same time order that an inquest should be held.
Mr. Badger forwarded the request on Friday last, and on Monday Dr. Ramsay Smith was instructed to have the body exhumed and to hold a post mortem.
He was also directed to arrange for the holding of an inquest.
Detective Priest left Adelaide on Monday to arrange for the exhumation, and Dr. Ramsay Smith, in company with Dr. Rogers, made the trip on Tuesday. to Penwortham and its Cemetery.
— Detective Priest was waiting at the cemetery gates for the arrival of the coach.
— Penwortham— is but a wayside village, and even the coach driver or mail conductor might be excused for passing it in his sleep. It is six miles south of Clare, and first on the Adelaide side of Sevenhill. There are not more than 20 houses all told.
The place does not boast of an hotel, but it has two places of worship — Church of England and Methodist.
Horrocks, the explorer, who lost his life in Horrocks Pass, is credited with having founded the village about 1844, and he certainly must have done a great deal for the district, because in the little cemetery is a magnificent tomb erected to his memory, and a memorial plate in the Anglican Church, within the precincts of the burial ground. There are not many graves.
The grave of the deceased (Joseph Ninnes) was situated almost in the centre.
A tombstone conveys the intelligence that the deceased's second wife was lying there, and the coffin containing his body was alongside. It was a solid casket, and nicely mounted, and when the lid was raised the following inscription was seen:— "Joseph Ninnes, aged 82 years. Died February 5. 1903."
—The Exhumation.— The work of exhumation did not take long, and everything was in readiness for the jury to view the body at 2 o'clock. A gruesome sight was presented.
As soon as the jury had completed their task in the cemetery, Dr. Ramsay Smith and Dr. Rogers began their distasteful task. Dr. Frederick Smith was present during the whole time, and Detectives Priest and Dempsey, who had charge of the case, were in attendance.
The doctors, who did their work thoroughly, were over two hours conducting their investigations, under the shelter of a neighbouring tree. They examined the body most minutely.
They drove into Clare about 6 o'clock this evening, and immediately prepared for the inquest. This is about the thirtieth exhumation which Dr. Ramsay Smith has conducted.
—Deceased and His Family.— From all accounts, the deceased was a fine old Cornishman, beloved by all. He was fully 6 feet in height, and must have turned the scale at 14 stone.
Towards the close of his life he became feeble, and his sight materially gave way.
He arrived in South Australia about 1848, and started working at Burra Mines.
Early in the fifties he settled at Rosenvale, which lies a mile to the west of Penwortham, and practically at the head of the Skilly Hills.
Here he had a good property, consisting of a seven-roomed house, comfortably furnished, and about 400 acres of land.
His first wife was Miss Roach, a relative of Mr. J. Roach. Their children were
Mr. Joseph Ninnes, of Tarcowie:
Mr. Thomas Ninnes, of Mannanarie;
Mr. William John Ninnes. of Blyth and
Mrs. Watts wife of the Rev. J. Watts.
Shortly after the death of his first wife the Deceased married Mrs. Clarke, a widow, who lived for about 21 years after the marriage. There were no children by this union.
Mr. Ninnes then married the widow who survives him (Annie Lane), and who at the time was about 23 years of age. She is a daughter of Mr. M. Lane, of Hoyleton, and bore her husband two children— Bertie, who is now 14 years of age, and Mabel, who is about nine.
—A Son's Statement.—
During the afternoon I had a chat with Mr. William John Ninnes, the youngest son of the deceased by the first wife.
Mr. Ninnes said:— I am a farmer, at Blyth, and rented the farm off my father. In company with my brother Joseph I was at my father's residence the day before he was burnt.
We talked of many matters, including monetary, and the position of my step-mother. She handled my father's money, and, after our chat, he said he would call the banker up in the morning and have a talk with him.
The next thing I heard was my father's death. I saw the body, and it was covered with feathers and stuff, and it was almost unrecognisable. My father was on perfectly friendly terms with all my brothers as well as myself.
THE PENWORTHEN MYSTERY. DEATH OF JOSEPH NINNES. ADELAIDE, Feb. 19.
A great deal of interest has been aroused in what is now known as the Penwortham mystery. Later reports seem to indicate that the circumstances surrounding the death of the old man Joseph Ninnes require thorough investigation.
WAS MR. NINNES MURDERED? INQUEST RESUMED.
from our special BEPORTER
CLARE, February 23 1903;
The inquest on the body of Joseph Ninnes, of Penwortham, was resumed at the Clare Courthouse at half-past 10 this morning. The building was crowded with men and women. Mr. John Cbristison acted as Coroner. Mr. Herbert, M.P., appeared for Jack Warburton, arid Mr. M. Badger for the three eldest sons of the deceased.
—Continuing Widow's Evidence—
Question by the Jury—The deceased's lamp stood on the back part of the washstand, and a soap dish was between the lamp and the bed, on the stand. The lamp had a kerosine capacity of about a pint, and was nearly full on the night of the fire.
The will, deeds, and a few pounds were kept in a safe in deceased's room.
The safe key was deposited in a locked drawer the key of which kept usually in her husband's vest pocket, but on the night of the fire it was left in the lock by herself before she went to Clare.
In pulling the deceased out of the room they pushed the bed aside, and so did not disturb the broken lamp and jug on the floor. She got her hands burnt and hair singed in the endeavour to rescue her husband, and that day showed them to Mesdames Kenopki and Robins. Her own clothes were not burnt.
A Juryman—Was that not strange?
—Mrs. Ninnes—Well, we tried to keep off the fire ourselves. "
The Juryman—Seeing that a cup of brandy and water was left on the chair near the bed, can you account for the deceased getting to the washstand ? '
Witness—Yes. He wanted more, as he often did, and he knew where the bottle was kept. That accounts for the cup being on the washstand when we went into the room.
By Detective Priest—Her housemaid, Miss Wyman, did not say to her that she was not going to tell any lies, and witness did not tell Miss Wyman that if she made any statements she would not be believed.
—"The girl was in her service only three days."
She had since been to Miss Wyman's parents' house to pay her, but did not see her. Warburton drove her and the children there.
By a Juryman—The deceased's lamp was usually left alight until the morning. On three previous occasions her husband had knocked over a lamp, in the parlour, and once wood in the fender was set alight as a result.
By Mr. Lathlean—Her husband was always attired in bed as he was on the night of the fire. The quilt , on which the deceased was dragged from the room was much more blackened at the time than it was to-day. It had since been hanging in the rain.
Up to the time of the fire she had been on good terms with her husband and stepsons, and had no suspicion that the latter were unfriendly to her. So far as she was concerned there was no unfriendliness now.
By Mr. Herbert — The cut on the deceased's, eyebrow was not there when she saw him standing at the foot of the bed. It must have been caused through his fall on to broken crockery.
When she told the stepsons: that she did not care where Warburton was she was indignant at their asking her when Joseph Ninnes accused her of telling a lie in saying that she did not know the whereabouts of Warburton.
Everybody in the neighbourhood knew of his presence on the farm, so it would have been useless to lie.
Warburton's taking of carbolic was a pure accident, it having been kept with the camphor mixture.
Warburton's sister married her brother, and she had no idea he was at Mrs. Cate's when she went there. The meeting was quite accidental.
She never asked Miss Wyman to say that Warburton was not at the fire. Wyman on the night of the fire jumped through a window, ran down to the well, and sat down behind a brush fence there.
Deceased knew that Warburton was about to. leave the place.
By Mr. Badger—Did not tell the stepsons that-her daughter Mabel slept with her on the night of the fire.
By the Coroner—On the day before the fire she found fault with Warburton for putting up a crush-pen for the bull, The necessity of which she could not see. He threw his tools down, saying "'Oh, I'll go and find work somewhere else. I can't please you," and after having been paid he left.
The examination of Mrs. Ninnes occupied six hours and a quarter, and the reading of the depositions was concluded at 6.30, when the Court adjourned for an hour. The witness gave her evidence with perfect candour and straightforwardness.
The Court was again crowded at night.
—WARBURTON IN THE BOX.— Mr. John "Warburton, gardener, of Adelaide, received the same caution as the Coroner gave to Mrs. Ninnes. He said he had been working for the deceased a little over four months, and left his employ on February 4.
He never had any quarrel or words with the deceased, and on leaving told him the wages, "13/- a week." was not-enough.
It was 2 o'clock in the afternoon when he left the premises. Carried no luggage whatever except a bottle of brandy.
Did not follow the main road, but went across the hills for a shortcut to Watervale. Having taken a drink of brandy neat, he became drowsy, and lost the use of his legs. He then lay down and slept until sundown.
He was then three miles on his way.
A Voice in the Court—Who drank the whisky?
Police Officer—You will be put out if you are not quiet.
The witness, continuing, said at sundown he went on his journey again, and had more brandy. He then slept until 4 o'clock in the morning, when he got up and walked for a mile down the main road and waited for the coach to come along. He never lost his senses through the brandy drinking.
Told the coach driver he had slept out and was cold, and would ride inside. He journeyed thus to Saddleworth, and took the train to Tarlee. And travelled by coach to Kapunda.
There he went to a boarding house. Did not know who kept it. Was in it only a few days. First heard of Mr. Ninnes's death on Friday, February 6. Thought he would be a help at Penwortham, and on Saturdays turned to the deceased's house, where he arrived at 11 p.m.
"Nobody was home, and he enquired at Trestrail's house as to where the family had gone. Said to Mr. Trestrail—"I had some words with Mrs. Ninnes, and left by the midday coach on Wednesday, and went to Kapunda."
Did not say to Mr. Trestrail in respect to the fire— "Has any enquiry been made as to how it happened?"
He left Mr. Trestrail's and went to Mr. Brazil's house at midnight.
Knew the deceased's habits pretty well. "Bertie used to take his lamp away at night
sometimes, and when he did not Mrs. Ninnes used to remove it. When at Mr. Brazil's house he heard a trap go to Ninnes's. house, and he went over. That was 1 o'clock on Sunday morning.
Found that the family had returned and had retired. Knocked at Bertie's window, And Mrs. Ninnes, who was in the adjoining room, got up and dressed and let him in. He could have stayed at. Mr. Brazil's house that night, a bed having been made up for him, but he heard the trap, and was anxious to learn the news. Went to bed with Bertie, and remained at the house until February 14.
After leaving went to Mintaro, and. speaking to the boss of the chaff mill, asked if there was a pub at the Burra. Did not remember asking him if there was a policeman in the same town.
The proceedings here were interrupted by a person in the Court whistling, an offence whicb had been noticeable at-intervals during the whole of the evening. Instead of being thrown out, the whistler was given a severe lecture by Detective Priest.
The offender had been taking advantage of the cover afforded by the crowd and an unlighted Government Courthouse, but a local justice in the audience named him.
Warburton, continuing, further explained his movements. From Mintaro he went to Farrell's Flat, and then journeyed by a goods train to Riverton, and signed-the name "J. Lee" to the usual risk note.
Detective Priest—Why did you sign with that name?
Witness—Because I. thought this thing would be in the papers, and I did not want everybody to know my business. Besides I often go by the name of J. Lee.
Detective Priest—Why did you not travel by the ordinary passenger train early, and thus have to sign no risk note?
Witness—Because I had not made up my mind to go away from Farrell's Flat that day. I thought of stopping over Sunday. At 10 o'clock the inquest was adjourned until 10.30 the following morning, when the examination of Warburton will be continued.
INTERVIEW WITH THE WIDOW.
Mrs. Ninnes, widow of the deceased, who is at present residing at Norwood, was seen on Tuesday evening, and gave the following account of the circumstances attending
the death of her husband:—
"There were sleeping in the house my husband, myself, the two children (Bertie and Mabel), and the young girl (Miss Wyman).
At about 2.45 a.m Bertie was aroused by a strange noise, and jumping np called me, crying 'Oh, mamma, something is wrong.' I went with him to the bedroom, and found the apartment in flames. The cover on the bottom of the wasbstand was burning, and Mr. Ninnes was standing holding on to the foot of the bed, with his nightshirt on fire.
We tried to put the flames out, but had to leave the room several times to get breath on account of the suffocating smoke. After considerable difficulty, for he was very weighty for a woman and a little boy to deal with, we got him to the door and opened the window to let in fresh air.
We noticed also that the carpet was burning, and that the lamp (a kerosene one with a round glass bowl) and the water jug had fallen to the floor and smashed. My husband had a cut over the eye, evidently caused by a fall on to the broken glass and crockery, and his face was somewhat bruised. I sent at once for a neighbour to go for the doctor, and tried my best to revive Mr.Ninnes with brandy and water.
The neighbour went as quickly as possible for the medical man. but my husband had died before he arrived."
"Was Mr. Warburton about at the time of the fire?" -
"Jack Warburton, who had been working for Mr. Ninnes, was not present at the time; he left on the previous dinner time, and did not return until the Sunday morning.
Mr. Ninnes was 82 years and four months old, and we always left a light burning in the bedroom for him. I suppose he had got up, and being sometimes very unsteady on his feet had fallen and upset the lamp and jug.
I had no knowledge of any intention to exhume the body until I saw the intimation in the papers, and know of no reason why that course should be adopted.
Dr. Smith, who with the police and undertaker were in the house an hour, told me, in answer to a question, that no inquest would be necessary.
Dr. Smith also asked if the house was insured, and I told him it was not."
"Was there any dissatisfaction in reference to the will?"-
"Well, naturally the sons by the first wife were not well pleased that my boy should be left the bulk of the property while they were left out.
I was left £400 and maintenance so long as I remained unmarried, and a daughter, Mrs. Watts, also received £400, and the rest went to my children.
I had been married to Mr. Ninnes 15 years, and my husband had set his grown-up sons in business.
I told them, however, that it was no wish of mine that they should be left out, and that I would have been satisfied if they had been given the two farms and my children the rest."
"But why should an exhumation be necessary; have you heard any suggestion of poison, for instance?"
— "There was never any poison given to or taken by my husband. He used to have a little whisky or brandy as a stimulant in his tea, but that was the strongest thing that was ever administered to him."
"Did any of the family speak of an intention to demand an exhumation?"
—"Yes; it was mentioned.'' "By whom?"— "Mr. Ninnes's son Tom said that if he could prove there had been any poison about, he would have my husband dug up."
"Would it be likely that any suspicion would attach to this Jack Warburton, who worked for deceased?"
— "Oh, no, indeed. He was a first-rate fellow, a hard worker, and was well liked and well treated by Mr. Ninnes. He was all right."
"Where did Warburton go when be left Mr. Ninnes?"-
"I don't know, but he said Mr. Ninnes would know where to find him if he were wanted again."
"Then you consider there were no suspicious circumstances connected with the death?"-"None whatever."
INTERSTATE NEWS
THE DEATH OF JOSEPH NINNES THN CORONER'S INQUIRY.
THE WIDOW'S EVIDENCE. ADELAIDE, February 23, 1903
The inquest concerning the death of Joseph Ninnes, whose body was exhumed, was resumed today.
Annie Ninnes, the widow of the deceased, was in the witness-box for six hours. She gave evidence with perfect candour.
Under cross-examination by Detective Priest, she said that the deceased made no complaint whatever about her familiarity with Jack Warburton.
The deceased did not tell her that he was not the father of the child of which she was confined in (last) September.
On the night before his death the deceased said to her. "I want to see you early in the morning, old girl'; but she did not anticipate anything unusual.
Warburton was the next witness. He was questioned at length, and stated that he left the house on the afternoon before the death of Ninnes, and did not know of the fatality until two days after. He caught an early coach five miles from the deceased's residence on the morning of the tragedy.
The inquiry was adjourned till Tuesday.
THE PENWORTHAM INQUEST.
IMPORTANT EVIDENCE.
Clare, March 2.
The enquiry into the death of Mr. Joseph Ninnes, which was adjourned from last Thursday, was resumed at the Clare Court-house this afternoon by Mr. J. Christison (the coroner).
Mr. Magnus Badger represented the three eldest sons, Mr. R. H. Lathlean appeared for Mrs. Ninnes (widow of the deceased), and Mr. C. E. Herbert, M.P., for J. War-burton. Detectives Priest and Dempsey conducted the case for the Crown.
Joseph Ninnes, farmer, of Tarcowie, and eldest son of the deceased, said
that on January 25 his father told him his wife complained of an internal trouble and she went to the city to undergo a medical operation. Prior to this witness had heard that Mrs. Ninnes had given birth to a child on September 16, 1902.
On January 27 he had a private talk with the deceased.
Detective Priest-What did you say to him?
-I asked him if he had looked into his affairs and how he intended to distribute his property. He replied, "I do not think it a proper thing for anyone to know about a person's will until after death."
As he would not tell anything about his affairs I said I would not press him. I told him he was keeping everything dark from his first family and was trusting every-thing to strangers.
I further said to him, "I have something on my mind to tell you. Are you aware your wife was confined of an eight-months' child about the middle of September?"
Deceased said, "No, I am not. My wife told me there was a rumour about the time of something of the kind. In fact there was a rumour that the child had been heard crying there, and I don't think there is anything in it."
To that I replied-"I think, father, you'll find there is something in it."
"How do you know?" he asked, and I told him my brother John told me and, that he got it from the doctor. He seemed surprised and exclaimed, "I can hardly believe it." I said, "I think you'll find it is a fact."
Did he tell you the last time he cohabited with Mrs. Ninnes?
-Yes, he said the last time was in the first week of January, 1902. They occupied the same bed until the end of February, but after that they occupied separate rooms.
Was any mention made of Warburton?
Yes, I asked him if he were aware that Warburton had been knocking about the premises for over 12 months.
He said Warburton had been doing odd jobs for his wife, and that he had not paid him anything. Mrs. Ninnes told him Warburton would not take any money because he was doing it for friendship.
The deceased told his wife to pay the fellow off and send him going.
He further said, "I can see now why I have not been looked after better during the last 12 months. I have been very much neglected to what I used to be. Bother the woman. I have not been able to see, as she would not come near me to feel what sort of state she was in."
You had another conversation with the deceased on February 4?
Yes. Father said Mrs. Ninnes had written to Dr. Smith asking him if he had told anyone about her being confined, and that the doctor had replied in the affirmative.
Dr. Smith said he did not like the tone of the letter, and that there was nothing to keep secret about it.
Did the deceased say he spoke to his wife on the subject?
-Yes, and that she had denied everything.
Deceased also referred to his will, and said, "Well, boys, I can't do anything now. To think that after all I've done for that woman she would not give me any peace until I would do so, and then to have a paramour living in my house."
Mr. Lathlean-Did he use the word paramour?-
Yes. He further said, "I'm blind, and can't see what is going on. Oh, me. If I only had my poor eyesight I would make an alteration in things, and get a separation from her."
By Detective Priest -Deceased asked John to request the bank manager in Clare to bring down a statement of his banking account.
Did he say anything else?-Yes. He said he believed there was mice poison in the house, and that he would like a search to be made.
He said, "I may be poisoned or hit on the head like that poor old man in the hills."
Did the deceased say anything about the moneys given to his wife?
-Yes he said he turned over £600 to her about three months ago, and that he had given her power to draw cheques.
THE PENWORTHAM ENQUIRY.
SEVENTH DAY OF HEARING. EVIDENCE BY DR. SMITH. ANOTHER ADJOURNMENT.
[From our Special Reporter.]
CLARE, March 3.
The Ninnes inquest entered upon its seventh day this morning, when William John Ninnes, a son of the deceased, continued his evidence.
Mr. Lathlean— Did you tell The Register reporter that in your conversation with your father on February 4, deceased never said anything about altering his will, and that you will not know why he wanted the banker?
— No. I told the reporter that my father wanted the banker to go down to see about his accounts.
The Coroner— As a matter of fact, did deceased say anything about altering his will on February 4?
— No.
Dr. A. A. Smith, of Clare, said he called to see deceased on the morning of February 5. He described the condition of the body, and stated that the nose was flattened. There was an abrasion in front of and above the right ear.
The hands appeared to have suffered more than the other parts, and though the burns on the body were not deep they covered a large surface.
There were no burns on the back of the body, and the hair on the back of the head was not singed
-- He formed the opinion that the deceased died from shock from the effects of burns, and, considering his age, coupled with the probability of suffocation, he was not surprised , that he died so quickly.
Detective Priest — Is it possible that deceased received, the burns while he was in a standing position?
— It is quite possible. If a man in flaming clothes was placed on a quilt and dragged out of a fiery room would you not expect to find the quilt scorched?
— Yes. And you see no evidence of scorching on this quilt?
— No.
Did you notice any smell of kerosine on the body?
— No.
Do you think it was possible to drag the body out on the quilt without disturbing the broken crockery, you saw on the, floor?
—No, it would have swept all the pieces before it or aside, unless the legs had been lifted in the dragging.
You attended Mrs. Ninnes on September 16?
— Yes; after the birth of a child.
Have you any, idea of what became of the body?— I suggested that it might be buried in the garden.
Did Mrs. Ninnes afterwards write to you?
—Yes. She wrote complaining that I had told 'that woman,' and after her asking me not to say 'anything about the birth of the child, she thought she could have trusted me.
I replied that I was very much annoyed at the whole tone of her letter, that I did not know who was meant by 'that woman,' and that I could see no necessity for there being any secrecy about the birth of the child, concerning which I told a relative of her own.
Did Mrs. Ninnes ask you to keep the birth a secret?
— Yes; and gave as a reason that she might be chaffed about it on account of Mr. Ninnes's age.
A Juror— Did you tell anyone an inquest on the deceased was necessary?
— Yes; several people.
Can you give any reason for deceased's nose being flattened?
— Probably by a heavy fall on the floor, or through being dragged on his face.
The Coroner— Might the red patch on the pupil of Warburton's eye have been caused by a burn?
Mr. Lathlean (stabbing the table severely with his pen)— The idea of suggesting such a thing.
Witness (after examining the eye)— No; it is the result of a ruptured blood vessel, which could be caused by any strain.
Warburton— Don't you remember, doctor, how blood shot and swollen my eyes were when I consulted you after taking the carbolic acid, and did I not say it was due to my coughing and vomiting?— Yes.
—Coach Passengers — Sidney Wilmott Croft, storekeeper, of Watervale, said:
— On February 5 I joined the Clare coach at Watervale and travelled to Saddleworth. Warburton was also a passenger. I noticed no bottle on him.
—Statement by Mr. Wyman.—
Joseph Wyman, farmer, of Penwortham, said-Susan Wyman is my, daughter.
On February 5 she returned from Ninnes's house to my place.
On February 13, Mrs. Ninnes and Warburton drove to my place in the night, and wanted to see Susan, who, however, was in bed.
I heard Mrs. Ninnes tell my wife she had come to pay the girl. Warburton also wanted to see Susan.
I said to him, 'Why didn't you stop at the fire, because the people might blame you for doing it. If I were in your place I would have stopped.
Warburton said nothing then, but later remarked that the Ninneses did not like him on the place. He again asked me to call Susan, out I told him to come another day.
I said "The girl has given her evidence to the police and she cannot say that Warburton was not there."
Warburton remarked, 'How could she guess me in the night?' and I said, "Surely when the girl was speaking to you she ought to guess you,''
Mrs. Ninnes said; "Well, Jack, the best thing you can do is to go and see the police in the morning."
Warburton replied, "You fool, do you think I will do that after I told the police before." - Warburton said nothing about 20 quid. I don't know what for or to whom he said it.
Mr. Wyman.—
Detective Priest— Did Warburton say anything to you about how long it would take
your girl to earn £20?— Yes; he said it would take the girl a good while to earn 20 quid.
Did you understand he was going to make the girl a present of £20?— No.
Did they pay Susan?— No.
Did they offer to leave any money in the house for her?— No.
Did they ask you to persuade the girl to say that Warburton was not in the house on the night of the fire? — Yes; both of them.
What did you reply?
— I said the girl could not tell a lie for any money.
Was it then that Warburton said he wouldn't mind giving 20 quid?— It was somewhere about that time.
When your daughter returned home on February 5 did she say that Warburton was at the fire?
Mr. Lathlean— You have a very bad memory? — Yes.
You met Detective Priest at Sevenhill Hotel?— Yes.
And he shouted?— I don't know who shouted, but I know I had a drink. (Laughter.) Detective Demnsey — It was I who shouted. (Laughter.)
Mr. Lothlean— And that put you all in good humour? Witness— Well, I had had some before, and I did not have such a big one with the detectives as I had before. (Laughter.)
Mr. Lathlean— You say you have a bad memory?— Well, it is not very good, and not very bad. (Laughter.) As a matter of fact you had forgotten about the 20 quid to-day until Detective Priest reminded you of it?— Yes.
Do you know what led up to the conversation at your house?
The. Coroner— I must remind you that this witness is a Pole, and does not under-stand the English language well.
Mr. Lathlean— He seems pretty dead. I should like to put some life into him. (To witness)— As a matter of fact, your memory is a bit hazy.
Witness— Yes.
The Coroner— Do you understand the meaning of hazy?
Witness— No. but if he asks me in Polish I will answer him very well. (Laughter.)
Mr. Lathlean— All right; we'll talk Polish when we get outside.
Mr. Herbert— Did Warburton say that he was not at the fire?— Yes.
The Coroner— Did you ask Warburton what the 20 quid was for?
Witness— No. I was full up of it. I did not want to be mixed up with a job of that kind. The Coroner— You had made up your mind not to come to the inquest?— Yes.
Did Warburton say anything to you about shutting his mouth? No.
You were not present at the whole conversation? — No.
Mr. Herbert— Don't you think, Mr. Coroner. I should be allowed to question him again?
Witness— I won't speak to you at all. That will block you all. (Loud laughter.)
Mr Herbert---Now, I didn't worry you, Mr. Wyman. (Laughter.)
Witness— Yes, but the other fellow did. (Laughter.) The Coroner— Well, we won't worry you anymore. (Laughter.)
Mr. Lathlean— No, for goodness sake let him go.
—The Twenty-fifth Witness.—
Selina Catherine Gray (the twenty-fifth witness) was called. (Prior Servant)
Mr. Lathlean brought Mrs. Ninnes in from the witness room and sat her directly opposite the witness.
Detective Priest— I don't want Mrs. Ninnes to sit there. She can come here (behind the reporters), where she has sat before.
Mr. Lathlean then moved her close to himself, but still in front of the witness.
A juryman-I object to Mrs. Ninnes sitting there. It was rather pointed to place her directly in front of the witness.
Mr. Lathlean— She is entitled to sit near her counsel. Mrs. Ninnes then took her former seat behind the reporters.
Witness said— I entered the service of Mrs. Ninnes on September 15 last year, and remained till December.
Mrs. Ninnes took to her bed on the night of September 15. There was no nurse in the house, and she did not tell me the nature of her illness.
Her daughter Mabel asked her mother if there was a child there, and she replied, "No; if there was we would let the people know."
Warburton was residing in the house during the time I was there.
Detective Priest— Why did you leave?—
Witness— Mrs. Ninnes said that her husband asked her who she could do without best, a servant or Warburton, and she said I could not do some of the things that Warburton could. She said she had told Mr. Ninnes she wanted somebody to clean out the well, and had recommended Warburton.
Did he clean out the well while you were there?— No.
Did you ever go into deceased's room?— Yes. I sometimes blew his candle out.
Did other people sometimes do that? — Yes; Bertie and Mrs. Ninnes.
Did you ever see Mr. Ninnes kiss Mrs. Ninnes?— No.
Did you ever see anybody else kiss her?— Yes: Warburton.
Did Warburton ever sit near her?— Mrs. Ninnes used to sit on Warburton's knee. What did he do during the day?— Sometimes he lay on Mrs. Ninnes's bed.
Did Mrs. Ninnes call on you at the Grange recently?— Yes, last Friday week she asked me if I would come to Clare, as her lawyer said she ought to get as many witnesses as she could.
Did she say she wanted you for a witness?— Yes; she said, "I know you'll stick up for me." I said I could not go.
She asked me if I would write a letter saying I was surprised that Mr. Ninnes was taken up again, and added, "You know how to word it." She said she wanted to take it to Court and show it, and that Warburton had said he knew I would stick up for him.
Was any reference made to any payment?— No.
Did Did deceased appear to be well looked after by his wife?— Yes.
Did you ever hear anybody threaten or wish him any harm?— No.
A Juror — Did you ever see a small lamp burning in deceased's room?— No.
Was it a candle or a lamp that was used? —I don't remember ever seeing a lamp.
Mr. Lathlean— You remarked to Mrs. Ninnes at the Grange that you were surprised at the exhumation?— Yes, and it was some time after that she asked me to write a letter to that effect.
—Mr. Bentley Examined — James Bentley, of Clare, narrated the enquiries he made
into the case in his capacity as Coroner, on February 5. He formed the opinion that the deceased accidentally upset a lamp, and that death was due to burning and suffocation.
He gave a warrant for the burial, considering that an inquest was unnecessary. He had had an interview with the Ninnes Brothers, who were satisfied that he could not have done otherwise with the evidence before him.
A Juror— Dr. Smith has said from what he saw he considered an inquest necessary. Did he tell you?
Witness— No; if he thought so why did he not communicate with the police?
Mr. Herbert— A very sensible query.
—Mrs. Ninnes at the Bank.— Mr. Davey (local manager National Bank), recalled, said that Mrs. Ninnes operated on her own account on February 4 - to the extent of £606, which she drew in notes, gold, and silver. It was a deposit account, but the deposit was not due. She did not operate on deceased's account that day, and during the preceding three months had done so only once when she drew a cheque for £40.
At 9 o'clock the enquiry was adjourned until the following morning.
THE PENWORTHAM MYSTERY, ADJOURNED INQUEST.
Adelaide, 4th March. The inquest was continued to-day.
Frederick William Rohrlach, labourer, of Stockport, gave the following evidence:
—I know John Warburton. I worked with him for four or five weeks at Scribbling Bros., near Stockport, in the latter part of last year.
While there he visited a place near Sevenhills three or four times; so he told me.
He said he had a girl there; that she looked after an old man; and that he was going to get married as soon as the old man died.
-She would get £800 after the old man's death, and the property comprised four sections of land, one of which was well timbered with stringy bark poles.
Warburton also stated that he was going to leave Stribbling's and go up near Seven Hills, where he had some wattle grubbing, and would get 30/- a week and tucker.
He said he would be married within six weeks after leaving Stribbling's.
I asked him the name of the old gentleman, and Warburton replied, "Ninnes."
Then I laughed at him, and Warburton said "Yes, that's it."
He said his girl was going to sell the place after the old man's death, and then she and he would go to the West. The old man was partly blind, and partly deaf.
Detective Priest : Did he ever say anything about wishing the old man dead?
"Witness—No
Did he say anything about letters?—Yes; he he said he sometimes got letters from his girl.
Did he say whom he was going to do the wattle grubbing for?—Yes; for his girl.
Did he say the old man was opposed to his marriage with the girl?—No.
A Juror : Did he ever divulge to you the name of his girl?
Witness : Only that her name was Annie.
The inquest is not concluded.
THE PENWORTHAM ENQUIRY.
EIGHTH DAY OF HEARING. EVIDENCE CONCLUDED. CLARE, March 4.
The eighth day of the Ninnes inquest was entered upon by the Coroner (Mr. John Christison) and jury this morning.
Mr. Herbert— I suppose you were telling snake stories to each other?
We were having our dinners out on the farm.
But you told some stories, in return? Not while he was telling me any. (Laughter). Did not you do a bit of romancing also? No.
Rudolph Benno Robrlach, labourer, of near Stockport, said— I worked with Warburton at Stribbling's last year. We occupied the same room. He said he used to go to Seven Hills to see his girl, an old chap's daughter. I asked him how old her father was, and he said over 80, and added that he was going to marry the girl after the old man's death.
He remarked— There were often two children over at Annie's place, who used to assist Annie in her work. Their names were Bertie and Mabel.
He also said that there was a rope leading from the old chap's room to an outhouse; that the old man was partly blind and partly deaf, and that the rope was to enable him to find his way.
Warburton also said that he would shift the rope from the outhouse to the well, and then the old chap would follow the rope from his room to the well, and throw himself around the post, and down the old — — would go.
He also said that he asked Annie whether she would marry him? and she replied yes; but that he could not get married until the old chap was dead.
Warburton went on to say that he would like the old chap out of the road, and that Annie asked the old chap whether she could get married now, and he said 'Yes'' after a lot of talking to him.
Warburton added that when he left Stribbling he would be married in five weeks. Than he asked me if I had any coloured rabbits, which he wanted for Bertie and Mabel Trestrail. The witness, intimated that that was all he knew.
Detective Priest proceeded to put questions to him.
Mr. Lathlean— Mr. Coroner, the witness has said that that is all he knows.
Detective Priest— Well, you can have that down if you like, but it's a lot of nonsense.
The Coroner (warmly)— You know. Mr. Lathlean, that the witness has come here to tell the truth, and the whole truth
Mr. Lathlean— Quite so; but Mr. Priest must not lead him.
The Coroner— Well, I can lead him, and I will lead him.
Mr. Herbert— It is not right for Mr. Priest to lead.
The Coroner— I have sat so long at this infernal inquest that you must excuse me if I am a bit irritable.
To witness - How often did Warburton use to go near Sevenhills to see Annie?— About once a fortnight.
Did he say anything to yon about having to be quiet?— Yes.
Once he said he had to keep quiet up there, and not make too much row, so. that the old man should not know he was there.
Did he ever say anything about wanting to have the old man out of the way?— Yes. He said he would like to have the old man out of the way, but he did not know how to get around it.
He told me he couldn't get married to Annie because she had to look after the old man who was partly blind and nearly deaf.
Do you know whether any letters passed? —Yes. He received letters from Annie about once a week, and one night he handed me a letter. It began 'My dear John,' and on the back were the initials 'A. N.'
Did you ask him what the N meant?— Yes; and he said he wouldn't tell me. I knew the A. stood for Annie.
Did Warburton say why he wanted to have the old man in the well?— Yes, because he wanted to marry Annie.
Did you remonstrate with him about his, suggestion of putting the old man in the well?— Yes. I told him it wasn't right, but he didn't say anything.
Did he ever say anything about setting fire to the place and burning the old man? -No.
By a Juror— Was Warburton speaking seriously or in jest when he spoke about putting the old — — down the well?— I thought he was joking.
Do you think he meant to do it?— No. Then why did you advise him not to do it?— I was joking.
By Mr. Herbert-Do you know that the privy is only about 15 yards, and the well about 70 yards from the house?— No.
And you don't know that the privy is in the south-easterly and the well in a westerly direction, the difference in situation being greater than a right angle?— No.
By a Juror— Have you ever been to the place?— No.
Do you think a blind man could tell the difference in the angles?— No.
—John Joseph O'Sullivan, engine driver, of Manoora—, related a conversation he had with Warburton on February 14. The latter enquired concerning hotels at various places on the railway line, and also asked if there was a police station at the Burra.
Joseph Ninnes, recalled at request of the jury, said deceased's privy was situated, about 20 yards from the back door of the dwelling house, and the well was 30 or 35 yards from the back door. There were no obstructions between the two.
The privy, was in a southerly direction from the back door, and the well south-westerly. The well was about 40 yards from the privy.
Detective Priest intimated that this closed the evidence. The Coroner said he would require an adjournment for 24 hours before he summed up; and, this meeting the view of the jury, the enquiry was adjourned until 2 o'clock to-morrow.
South Australian Mystery.
THE PENWORTHAM CASE.
AN OPEN VERDICT, WITH A RIDER.
The Inquest on Joseph Ninnes, farmer, of Penwortham, whose body was exhumed in consequence of the circulation of sensational reports, was concluded on Thursday.
The Coroner, in summing up, pointed out certain discrepancies in the evidence of Mrs. Ninnes and the man Warburton.
It seemed to him that the stories she told to the jury, Mr. Bentley, and the man Brazil, to say the least, were very contradictory.
He thought the jury would come to the conclusion that Warburton was present at the time of the fire, and with his assistance, presuming the fire was accidental, there should have been no great difficulty in rescuing deceased before he was much injured.
Warburton's evidence might be put aside as a tissue of lies. His actions seemed to have been more like those of a criminal than an innocent man.
The girl Bray's evidence was given in a straightforward, clear way, and it showed in which way Warburton spent his time while at deceased's place, and how he conducted himself with Mrs. Ninnes.
She said that the rope and wire were placed to conduct deceased to an outhouse, and, in conjunction with that of Rohrlach, her evidence showed that Warburton had this in mind when he was speculating to be rid of deceased, so that he could marry Annie (presumably Mrs. Ninnes).
A peculiar feature was the position in which the deceased's body was left, with only the head and shoulders out of the room. That, taken in conjunction with the burnt flooring boards in the passage, would almost lead one to believe that deceased was dragged from the passage partially into the room, instead of being dragged out of it.
Before asking the jurymen for their verdict he would remind them that before an accused party could be convicted of murder or manslaughter in a Criminal Court, (that) a certain amount of direct evidence, or strong circumstantial evidence, would be necessary to obtain a conviction.
He thought he was also right in saying that it was an accepted principle in English justice that if there was a doubt, the accused should have the benefit of that doubt.
The jury returned the following verdict, after an hour and 25 minutes' retirement:
—" We are of opinion that Joseph Ninnes, late of Penwortham, farmer, came to his death by suffocation, either before or during the burning, or from heart failure, consequent on excitement, but there is no authentic evidence to allow how the fire originated."
The following rider was added:
—'Owing to the perjured statement of the witness John Warburton, and of the witness Annie Ninnes, strong suspicion points to them as being cognisant of deceased's burning, and of not attempting to rescue him from the fire."
Lack of lighting and lack of ventilation
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