Johanna Herlitry

343

Maureen Withey on 6th June 2023

Marriage Permission Jonathan Baker, free, and Johanna Herlitry, per Arabian. Date 24 Nov 1848, Refused permission. Marriage https://stors.tas.gov.au/RGD37-1-8p3j2k Bothwell church, Jan 22 1849, Jonathan Baker, age 31, shepherd, and Johanna Hurlity, age 27, house servant, were married. Births of Children https://stors.tas.gov.au/RGD33-1-26-p233j2k Jane Baker, 1850, parents Johanna Baker, formerly Hurley, and Jonathan Baker, shepherd, Bothwell district. John Baker, 1853. Mary Ann Baker, 1856. Margaret Baker, 1858. James and Hannah Baker, (twins) 1860.

343

Maureen Withey on 6th June 2023

Arabian Indent. https://stors.tas.gov.au/CON15-1-4$init=CON15-1-4P62 and https://stors.tas.gov.au/CON15-1-4$init=CON15-1-4P63 No 658. Johanna Herlitry, age 25, Country servant, Tried Cork County, 16 Mar 1846, Life, native place, Co. Cork. Married, 1 child, can neither read nor write. Relations: Husband Jeremiah in Cork. Offence: Manslaughter. My stepchild was killed. The child was thrown out of bed, and I beat it the next day in consequence of which, it died. Convict conduct Record. https://stors.tas.gov.au/CON41-1-12$init=CON41-1-12P68 Johanna Herlitry. See record for details. This record states her husband’s name was Frederick. Married Dec 30 1848, John Baker. Ticket of Leave, 19/9/1854. Recommd. For a C.Pardon, 6/10/1855. C.P. Approved, 16/9/1856. ---------------------------------------------------------------------- Cork Spring Assizes. INFANTICIDE. Johanna Hurly was indicted for having, on the 6th Feb. last, at Somerton, killed and murdered Johanna Hurly, a young child, by throwing her on the ground, and giving her several several mortal wounds, with an iron instrument, from the effects of which said child died. Mr Bennet stated the case for the prosecution. He told the jury, that if they believed the prisoner had committed the act named in the indictment from the sudden effects of passion, and without intent to kill, they would find the prisoner guilty of manslaughter only. Ellen Leary examined by Mr. Copping. Was in the service of the prisoner in the Month of February there was little child, named Johanna Hurly, in the house; this child was the step daughter of the prisoner, and the daughter of the prisoner's husband; I saw something happen to the child on the 7th of February about 12 o'clock in the day; the house where the witness lived was in this county; witness washed and dressed the child that day, some ladies were expected to the house; the child made down towards the fire after witness washed it; prisoner prisoner then took the child and threw her down towards the room door; prisoner took deceased up in her arms and threw her down near the fire-place ; she took the child up again and got a rod to beat her : prisoner then took the poker also and beat deceased with it; prisoner followed the child about the house beating her ; prisoner appeared to be in a great passion ; prisoner then took up deceased in her arms, her back being turned towards witness ; does not know did prisoner put the child on the fire then ; prisoner took up the child again and deceased s neck appeared to be turned to one side ; prisoner tried to straighten it; when witness washed deceased there was wrong with her neck; prisoner walked around the house trying to bring the child to her senses ; prisoner appeared kind to deceased at this time and spoke kindly to her ; prisoner nursed and petted the child then; deceased died at seven or eight o clock that evening; the child's father was out at the time this occurence; the child appeared to be little foolish, and was of dirty habits ; witness often saw often saw prisoner violent passions. Cross examined by Mr. Scannell. Had not been out of the house that day before this occurrence ; prisoner was house orderly before some ladies who were to have come would arrive; witness went for the child's father while the prisoner was petting the child ; after witness washed the child the latter kept going to the fire to dirt herself; often heard the deceased child's father expressing his displeasure at the child's being dirty, and desiring prisoner to keep her clean. The child was not crying all the time prisoner had her in her arms. To a Juror - I saw prisoner ill using the deceased before this happened; deceased did not beat her child harder than other women in the neighbourhood ; deceased father often cautioned prisoner not to illuse the child; prisoner bid witness go for the child's father. Eliza Murphy examined by Mr. Bennett Recollects prisoner sending for her when the child was sick prisoner was in the house; witness stood and looked at deceased there was something like froth on deceased's mouth, and a mark of the temple, the mark on the temple was only a little black spot; prisoner said, in answer to witness, that there was nothing ailed the child a little before ; deceased appeared very weak and unable to cry at the time. Eliza Daly, examined by Mr. Coppinger. Lived . for three months in the service of prisoner ; saw prisoner ill-using deceased by giving her a kick which knocked her up against the bed, also, by giving her blow of a broom on the back; deceased was not a cross child, but she (deceased) could not speak ; deceased was of dirty habits.; does not know if prisoner used to get into passions. Johanna Murray examined by Mr. Plunkett, Knows the prisoner; was in her service three weeks before Christmas ; knew deceased ; was in prisoner's service a Month ; saw prisoner kicking the deceased and striking her with the bellows ; she beat deceased because she cried when the prisoner asked her to get up ; she beat the child for being dirty; witness used seldom be in the house; her occupation was out door. Charles Yelverton, Esq., M D., examined by Mr. Bennett. Made a post mortem examination of deceased; she had a number of bruises the head ; bruises on the belly and arms examined the brains ; thinks death was caused by effusion of blood over the brain; cannot with what the wounds were ; there was no fracture the neck thinks relaxation on the muscles caused the extension on one side of the neck ; saw no marks of a poker. Mr. Scannell addressed the jury for the prisoner, contending that they had no evidence of any felonious attempt. The prisoner was charged with killing the child by striking her with poker. Why they had not a little evidence that the deceased had died from the effects of blows given by a poker, nor was the poker produced. His Lordship said that Mr. Scannell need not apply himself to that part case, for he would put it to the jury that death was caused by the throwing of the child the ground. Mr. Scannell continued to say, that the jury should take into their consideration that, if the prisoner had a malicious design in assaulting the child, she would have taken an opportunity of destroying the child in private. But what was the fact? Why after the woman had struck the child she sent for the father and petted the child ….. Cork Examiner, 23 March 1846.