Joseph Ward

338

Penny-Lyn Beale on 18th January 2026

Place of origin: Birmingham, Warwickshire CON23-1-3-P143 No; 798. Aged; 17 years old, Trade; Tailor. TRIAL; 16 Oct 1827 - Life TRIAL; 13 Apr 1833 - 12 months imprisonment. Richmond Q. S. 1849 - MARRIAGE. Church of St. Georges. Name: Ward, Joseph. Age: 32. Carpenter. Spouse: Frazer, Elizabeth. Age: 40 Date of marriage: 12 Feb 1849. Registered: Hobart RGD37/1/8 no 166 ** Noted in the paper. Had a wife living at the time of this marriage. CON37-1-6 Image 142 Aged; 46 years old. Carpenter [1850] 1850 - COURT Name: Ward, Joseph. F.S. 798. Asia (2) Trial date: 22 Apr 1850. Place of trial: Hobart town Offense: Murder of Elizabeth Ward [Elizabeth Fraser] Verdict: Guilty of Manslaughter of his wife. Transported for 10 years. SC32-1-6 Image 162 Status; Widow. 6 children. [Children at George Town] The Britannia and Trades' Advocate (Hobart Town, Tas. : 1846 - 1851) View title info Thu 25 Apr 1850 Page 2 SUPREME COURT. Monday, April 22. Joseph Ward was indicted for the wilful mur der of his wife Elizabeth Ward or Frasor, at Lansdown-cresent, Hobart Town, on the 1st day of March last. The prisoner pleaded Not Guilty, and was defended by E. Macdowell, Esq. There was a second count in the indictment charging the prisoner with the wilful murder of the wo man by the name of Elizabeth Fraser. The following jury were sworn, viz, — F. Witton (foreman), James Reid, Moses Anderson, John Boys, James M'Bride, Moses Abraham, W. Smith, W. Strutt, W. E. Murtagh, G. Easton, W. Neilson, and John Murray. The Attorney-General addressed the jury on the part of the crown, detailing the facts of the case. The Attorney-General stated that in consequence of having received information that when the prisoner married the deceased he him self had a wife living, he had added a second count in the indictment charging him with the murder of the deceased by her name of Elizabeth Fraser. The following evidence was adduced on the part of the Crown : — C. E. H. Cox, farmer, Clarcnce Plains, know the deceased Elizabeth Ward, and remembered her marriage with the prisoner. Was present on that occsision on tho 12th of February, 1849 . They were married at St. George's Church, Hobart Town, by the Rev. Mr. Wynne, according to the rites of the Church of England. Witness attested the register of the marriage. The for mer name of the deceased was Elizabeth Fraser, and the prisoner is the man who married her. Saw the dead body of the deceased at her own residence in March last. William Ward, 14 years of age, stepson of the deceased and son of the prisoner, was called, but on the suggestion of the judge was withdrawn. James Fraser, stepson of the prisoner, lived in prisoner's house at the time of the murder. Re members of his mother having been married to Ward. His mother was a widow before this marriage. On the 1st March went home about half-past 6 p.m. The prisoner said that wit ness's mother was very bad, and desired him to go for the doctor. When he came back he saw Dr. Butler in the house. Observed marks on the door of the house, and the prisoner told wit ness he had done it to got in, as his wife would not open the door. There were two axes about the premises, one an American and the other a falling axe (witness identified the axes, which were produced in court, as also the gown which his mothor wore on that day). Saw his mother sitting on a chair in the kitchen with a gash in her head. Saw her again next morning in bed, and spoke to her, but she was not sensible. Cross-examined by Mr. Macdowell — The door was broken right through as if by an axe. Charles Adair, gardener, Brisbane-street, on the 1st March was in company with the deceased about 4 p.m. She was then perfectly sober. They went to the Catholic burying ground, and afterwards to the Marquis of Hastings public house. The deceased called for one pot of beer, and she drank about a fourth part of it. They remained until between 5 and 6, and witness accompanied her home. She was then, about 20 minutes to 6, quite sober. Saw her again on the following day in bed, in a state of great bodily pain. Prisonor was putting wet rags over her temples, and she appeared to be very black under the chin. Deceased said to prisoner, " what have I done amiss, father, to deserve this." Prisoner said, " hold your tongue, Betty ; take this physio, it will do you good." Prisonor shewed witness the shoes of the deceased, saying, " look here, this is the effects of drink." On the Monday following the prisoner remarked to wit- ness that there were people of opinion that he had struck the deceased with an axe ; and he added, " if he had done so, it must have caused instant death." Cross-examined — The shoes of deceased were quite worn out. She was addicted to habits of drinking. William Hudson, farmor, lived next door to the prisoner on the 1st March, and saw him re turning from his work about 6 p.m. or past it. Saw him enter the outer gate and proceed down the avenue to his house. Witness then heard a loud knocking at the door, and the words, " open the door, or I will smash it in." The noise could not have been produced by the fist, but by a hard substance. Cross-examined — The prisoner is a sober industrious man, but deceased was very much given to drinking. James Butler, calling himself a surgeon's assis tant, was called to see the deceased on the 1st of March last, about half-past 7 p.m. Saw the pri soner and the deceased, and the two boys. The deceased was sitting by the fire-place on a chair. She was resting her head on her hands, and crying bitterly. There was a severe wound above the left ear. The hair was matted with blood. Witness said, " Mrs. Ward, what is the matter now? who has been doing this." She said, "Father did it; he hit me on the head with the axe." Witness said to the prisoner, " you should not knock her about like this; and he answered he had come home from his hard day's work, and found her drunk. She irritated his temper, and he broke open the door which she had bolted, and struck her on the head with the axe. The deceased always ad dressed the prisoner as " father." Witness said that sticking plaster was of no use to the wound, and recommended wet cloths to be applied on that night. Saw that the wound was a serious . one. The deceased was quite sensible. Next- morning when he called, she was undressed and in bed, with her head supported by pillows. She faintly said she was very bad. He said he thought he would go out of his mind; he could not go to his work. Witness then called in Dr. Stokell, who saw the deceased, and dressed the wound. Afterwards had another conversation with deceased, who appeared to be very miser- able, and repeated that he should not use her in this manner. He said if ever she got over, this mischance, it should never occur again. On the Monday following she was evidently dying, and witness, after sending Mr. Stokell to see her, gave information to the police. The deceased was not in liquor on the evening of the lst of March. This witness was cross-examined at considerable length by Mr. Macdowell, and much merriment was excited by the mode pursued by the learned counsel, and his dignifying the wit ness with the title of " doctor." The witness was particularly cross-examined about his spe cific of rum and water, when the patient had a fracture on the skull. The witness repeatedly said, "I cannot swear point blank." (Much laughter.) The Judge put several pertinent, questions to the witness, but he did not seem to understand them. William Stokell, surgeon, knows the last wit ness James Butler, who called him to attend de ceased on the morning of the 2nd of March. Saw her in bed, and the prisoner in the room. Made an examination of the wound on her head. There was an incised wound on the left side of the head, just above the ear, about 2 inches in length. Could not ascertain the depth owing to the swelling. There was a slight bruise beneath the chin. There was coagulated blood in the wounds on the head, and witness dressed the wound and left the deceased. She was not in a state of consciousness, and could not be roused to it. Saw her again in the afternoon, when she was a little better. On Sunday morning she was delirious from inflammation of the brain. The prisoner was present, and said it was all her own fault. He found her tipsy when he returned from work on the 1st March, and when she opened the door, or when he burst open the door, he throw a spade handle at her head. On Monday morning there were symptoms of in flammation of the brain — stertuous breathing, dilated eyes, &c. She was delirious both on Sunday night and Monday. A bone of the skull, about 1 1/2 inch in length, was sunk into the brain, and the woman died of consequent inflammation of the brain. The wound must have been in flicted by a sharp edged instrument, such as an axe with a sharp point. The falling axe pro duced was such a weapon as would have inflicted the wound. The wound could not have been caused by deceased falling on the scraper. Nor could death have ensued if a wound had been inflicted by such a cause. When the wound was given, the deceased must have been below the person who inflicted the wound, and standing erect. The wound from the first was a mortal one. Saw marks on the door as if inflicted by an axe. One mark was through the door, but the others were not. Saw the dead body of the same woman at the inquest. By the Judge — When the blow was given to tho deceased, the parties must have been standing face to face. George Knowles saw the prisoner on the 2nd. of March, and he said his wife was very ill in bed. Went to her on the Sunday. She was in bed asleep, laid on her back. Told the prisoner not to wake her. The prisoner said she had re ceived a blow on the neck and one on the head, but how they occurred he did not know. John Thompson was sergeant of police on the 4th of March last. On that day went to pri soner's house in Lansdowne Crescent, about 4 o'clock p.m., and saw the prisoner. The de ceased was lying in bed, and afterwards died in the presence of witness. The prisoner was sit ting at the head of the bed in a chair. Told him he had come to apprehend him for hitting his wife on the head with an axe. Searched the premises and found the axe produced in court in the cow-shed, half-buried amongst some ashes. On the road to the watch-house the prisoner asked witness what he was doing with the axe. Witness said there was human hair on it, and prisoner said, " that is not the axe ; there are more axes than one in my house." When the prisoner was first charged with the offence, he said, " do you think I would kill my wife." He added that he was milking the cow, and heard the noise of a fall, and going out, saw that his wife had fallen on the scraper and hurt herself, and he carried her into the house. Witness here produced a black velvet band which deceased wore around her head. There was blood and human hair on it. On the door there were three cuts, which exactly fitted one of the axes pro duced. There were marks of blood on the kit chen floor, and it appeared that attempts had been made with hot ashes or hot coals to burn the bloody stains out of the floor. This closed the case for the crown. At 10 minutes to 4 p.m. Mr. Macdowell began to address the jury for the prisoner ; and in a long and able speech contended, that as there was no malice aforethought proved, the jury could not return a verdict of wilful murder but of manslaughter. In another view of the case, Mr. Macdowell would show that the unfortunate event occurred through misadventure, and there fore the prisoner was entitled to an acquittal. Mr. Macdowell entered into an able analysis of the evidence, and insisted on the latter point of the prisoner's case as being decidedly in his fa vour. It was attempted to be proved by the cross-examination of the witnesses for the crown, that the deceased was reclining on a sofa-bed which was placed so right against the door that the blows by the axe through the door must have struck her on the head, and therefore it was death by misadventure ; but the prisoner's counsel totally failed in establishing such a fact, however plausible the story told by the prisoner might be. The Judge summed up in a most able and im partial manner, and the jury at 7 p.m. returned into court with a verdict of Manslaughter. The prisonor was sentenced to 10 years' transportation. ** William Ward stepson of Elizabeth Ward-Frazer at 14 years old at time of the trial. ** James Frazer stepson of Joseph Ward 1888 - POSSIBLE DEATH RECORD Name: Ward, Joseph. Deaths. Age: 91, Retired Carpenter Date of death: 21 Jun 1888