Now! Then! Friends of Elizabeth Mitchell (14), murdered by a fellow-servant at Upton (Pontefract), bear her to her grave at South Kirkby

5 September 1860: Friends of Elizabeth Mitchell (14), murdered by a fellow-servant at Upton (Pontefract), bear her to her grave at South Kirkby

York Herald. 1860/09/08. Shocking Murder of a Young Girl, near Pontefract. York. Get it:

Excerpt

The body of the unfortunate girl was interred on Wednesday afternoon at South Kirkby, and the melancholy procession had to pass the house where the inquest was being held. The prisoner observed it through the window as far as he could, but without evincing the slightest emotion. The body was borne by six young girls who had known the deceased in her lifetime, and who sang a mournful dirge in their progress to the churchyard. The cries of the mother, so suddenly deprived of her daughter, were most heart-rending, and the solemn feelings which pervaded the minds of the villagers who were assembled rendered the scene one of a deeply mournful and impressive character.

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To facilitate reading, the spelling and punctuation of elderly excerpts have generally been modernised, and distracting excision scars concealed. My selections, translations, and editions are copyright.
Abbreviations:

ER: East Riding
GM: Greater Manchester
NR: North Riding
NY: North Yorkshire
SY: South Yorkshire
WR: West Riding
WY: West Yorkshire

Comment

The farm is surely that known in late 19th century Ordnance Survey maps as Upton Moor Top Farm and currently as The Manor.

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Original

The usual Sabbath evening quietude and repose of the inhabitants of the small but not unpicturesque village of Upton, near Pontefract, was startled on Sunday evening by the announcement that a dreadful tragedy had been perpetrated there, the victim being a girl of only fourteen years of age, and the supposed murderer her fellow-servant, a youth of seventeen, but whose conduct has evinced an amount of hardihood and wickedness which we hope are but rarely found in one so young. The village of Upton is distant between five and six miles from Pontefract, and a mile from the well-known village of Badsworth. It is built upon somewhat rising ground, and consists principally of farm-houses, scattered here and there, the population not exceeding more than from 150 to 200 persons. Upton Farm, the scene of the murder, is in the occupation of Mr. Thomas Spink, who, however, has only resided there about twelve months. The house consists of a kitchen and two sitting-rooms on the ground floor, and three bedrooms above. Immediately behind the kitchen, and about two yards to the right of the back door, is an out-house used as a coal place, &c., and it was here that the body of the murdered girl was discovered. The common-road from Wakefield to Askern, &c., skirts the house, and the only buildings near are a number of cottages, occupied by labouring men.

The general facts connected with this horrible tragedy, so far as they could be collected upon the spot, are these:— On Sunday afternoon, about half-past two o’clock, Mr. and Mrs. Spink, who were but recently married, left home to visit some friends at Darrington, a place four miles distant. The house was left in charge of the deceased, Elizabeth Mitchell, who was fourteen years of age, but whose height and strength and fully developed appearance conveyed the impression that she was much older. She had been in Mr. Spink’s service since Martinmas last, her parents residing at North Emsall, a village about a mile and a half from Upton. The only other person in the house was George Thorpe, the farm servant who is accused of the murder. He had been in Mr. Spink’s service since the latter end of March last, his parents being also in humble life, and residing at a place about eleven miles distant, called Fenwick, near Askern. Thorpe, it is said, was a lad of sullen and morose disposition. There appears to have been little congeniality between him and the deceased, notwithstanding which, we understand, it is alleged that he had made improper overtures to the girl.

It appears that after Mr. and Mrs. Spink had left home, Annis Cookson, a young woman, eighteen years of age, who resides near, joined the deceased and Thorpe, and continued with them until five o’clock, when she returned home to tea. During the afternoon some joking took place, in the course of which Thorpe attempted to obtain possession of a riband head-dress which the girl Cookson had on. This displeased the deceased, who was not inclined to view Thorpe’s conduct over leniently, and she pulled his hair somewhat severely. This seems to have greatly annoyed him, for he relapsed into a state of sullenness, in which he used language of a threatening character towards the deceased.

The murder must have been committed shortly after five o’clock, although it seems somewhat singular that no alarm should have been heard by, or attracted the attention of those living near. Shortly before six o’clock, however, after having partaken of tea, Cookson returned to the house, and was horrified to find the deceased laid, apparently dead, in the coal-house. She immediately ran and gave an alarm, when several persons were attracted to the spot, and the deceased, who was found to be quite dead, was removed into the house. Mr. Ibeson, surgeon, of Hemsworth, was sent for, and he arrived, but his services were of no avail. The deceased, he discovered, had been shot in the left side, near the spine, just below the shoulder bone. Information of the murder was at once given to police-constable Skelton, of the West-Riding constabulary, stationed at South Emsall, who proceeded to Upton, where he remained all night, having placed Thorpe under surveillance. On Monday morning, Skelton communicated the fact of the murder to Mr. Superintendent Hall, of Pontefract, who was engaged during the day in the examination of the premises and in the collection of evidence, assisted by Detective Inspector Weatherall, from Wakefield. Colonel Cobbe, the chief constable, and Captain Williams also visited Upton during the day.

The result of Mr. Hall’s investigations was, that he took Thorpe into custody on the charge of murder. In the course of the examination of the house, Mr. Hall found that a gun, which belonged to Mr. Spink, but which had not been in use since March last, had evidently been fired recently. This gun had been removed from one of the sitting rooms, communicating by a door with the kitchen in which the deceased and Thorpe were sitting, but which the latter had no right to enter. Some shot and caps had also been disturbed, and a portion of a cap which had been used, similar in size and appearance, was found in the kitchen, as if it had dropped from the nipple of the gun as the party who had used it was returning it to the place from which he obtained it. A post mortem examination of the body of the deceased was also made on Monday, by Dr. Clark, of Ackworth, and Mr. Ibeson, and a large number of shot were extracted, which correspond with those removed from Mr. Spink’s drawer.

The position in which the body was found favours the supposition that after the departure of Annis Cookson, about five o’clock, the prisoner had quarrelled with the deceased, and having possessed himself of the gun, she had become alarmed by his threats, and had attempted to escape him by rushing out of the back door. Unfortunately, she was not sufficiently rapid in her movements, and the murderer must have deliberately shot her in the back as she was entering the coal-house in her attempt to get away from him. The deceased, on receiving the shot, had fallen upon her face, her feet towards the door, upon which her brutal murderer coolly left her, and deliberately returned the instrument of death to the place whence he had obtained it.

On Monday evening, the prisoner was conveyed to the lock-up at Pontefract. On leaving the farm, he bade some of his companions, who were assembled, a farewell, but he appeared nevertheless, somewhat dejected. He has, since his apprehension, preserved a sullen silence, except when he has uttered oaths and blasphemy. His father, a respectable, hard-working man, visited him on Monday and the poor old man appeared nearly heartbroken.

The inquest upon the body of the unfortunate girl was opened on Wednesday, before Mr. Marriott, of Doncaster, the coroner for the district.

COMMITTAL OF THE MURDERER TO YORK CASTLE.

On Tuesday, Thorpe was formally examined at Upton, the magistrates present being J. M. Hepworth, Esq. (chairman), Lord Hawke, R. H. Jones, Esq., and the Rev. E. Cator, justices in the Wentbridge division. Mr. Thomas Spink, in whose service both the deceased and the prisoner were, Annis Cookson, the girl who discovered the deceased, and Mr. Joseph Thorpe, were briefly examined. Their evidence was repeated at the inquest, and will be found below. The prisoner was remanded until Thursday, when he underwent further examination. The body of the unfortunate girl was interred on Wednesday afternoon, at South Kirkby, and the melancholy procession had to pass the house where the inquest was being held. The prisoner observed it through the window as far as he could, but without evincing the slightest emotion. The body was borne by six young girls who had known the deceased in her life-time, and who sang a mournful dirge in their progress to the church-yard. The cries of the mother, so suddenly deprived of her daughter, were most heart-rending, and the solemn feelings which pervaded the minds of the villagers who were assembled rendered the scene one of a deeply mournful and impressive character.

THE INQUEST.

On Wednesday, the inquest upon the body of the murdered girl was opened at the house of Mr. Joseph Thorpe, grocer, Upton, before Mr. W. Marratt, of Doncaster, the coroner for the district. Mr. Gill, of Wakefield, was present to watch the case on behalf of the prosecution, and Mr. Hall, from Messrs. Smith and Atkinson’s, of Doncaster, represented the friends of the deceased. The prisoner was present during the examination, and displayed a stolid indifference during the whole of the proceedings. He hung down his head, and never opened his lips except when asked if he had any question to put to the witnesses, replying invariably in the negative.

The jury having viewed the body, the following witnesses were examined:—

Joseph Mitchell, father of the deceased, deposed that she was fourteen years of age last February.

Mr. Thomas Spink. — I am a farmer at Upton. The prisoner. George Thorpe, was in my service, and the deceased, Elizabeth Mitchell, was also in my service. On Sunday last, I left home a little after two o’clock, leaving in my house George Thorpe and the deceased. There was a gun, and powder, shot, and caps in the house. The gun was reared in a recess in the sitting room, near the mantel-piece, and there was an arm chair near the gun, and in front of the recess. The powder, shot, and caps were upon a cupboard in the same room, close by the gun. I returned home a little after eight o’clock in the evening, when the gun was in the same position. I occasionally shoot to frighten off the crows. I last used the gun in March last, but cannot say whether I left it loaded or not. It had no cap on when I last saw it. I received information at Darrington that the deceased was dead, and returned home immediately. I found the deceased laid apparently dead on the kitchen floor. I saw that she had a wound in the back, which had caused her death. The prisoner was at the house ready to take my horse on my return, and having attended to it, he came back into the kitchen. As soon as it was found that the deceased was shot, I went and examined the gun, and was of opinion that it had been recently discharged. I also found that the arm chair, which stood near the recess in the sitting-room, had been recently damaged in the arm nearest the gun.

Annis Cookson said — I reside at Upton with my parents, and am going in sixteen years of age. I went on Sunday afternoon to Mr. Spink’s house a little before three o’clock. There was then no one in but the deceased, who was in the kitchen. In about a quarter or an hour the boy (the prisoner) came in, and began teazing me and the deceased. He said he would have my brooch, and attempted to get Elizabeth’s (the deceased’s) headdress. He took my hat off in the scuffle to get my brooch, and threw it, and also my head-dress which he obtained, on to the floor. This took place just outside the kitchen door, and the deceased took my hat and head-dress into the kitchen. the prisoner still had hold of me, and the deceased returned and got hold of him by the hair of the head, and drew him back. He then began swearing, and said, “D — thee, thou’l be quiet.” Prisoner left loose of me, and went away to look after the beasts, and returned again about ten minutes past four. He did not appear to be angry, but in his usual temper. He came into the kitchen where the deceased and her sister (who had called during his absence) and I were. I and the deceased’s sister then left the house and went to tea. I returned to Mr. Spink’s alone, about six o’clock. I tried the front door and found it bolted. I looked through the window, and all appeared right so far as I could see. There was no one in the house, and I went to the cow house to see if the deceased was milking, but she was not there. I next went to the back door of the kitchen, which I found shut. I opened the door, and looked in the kitchen, but did not see the deceased. I saw her, however, as I turned round, laid in the coal house, close by the back door of the kitchen. She was laid on her left side. I took her by the hand and said “Elizabeth,” but as she did not answer and as her hand fell from me, I became afraid and ran away screaming. My father and mother came out, and other persons also arrived at the house. I did not again see the prisoner until after eight o’clock in the evening. He was then in the kitchen. I said to him, “Do you know how this was done, George?” and he said “No, I don’t.” I said, “Where did you leave her?” and he replied, “I left her in the kitchen, and she bolted the door after me, and said, ‘Be sure and tell Annis (witness) to come and help me to milk.'” I asked him, “Why did you not call and tell me?” and he answered, “I went up to the Cook Close, to look at the sheep.” When I went to tea, at half-past four o’clock, the prisoner and deceased were alone.

Mary Bateman. — I am a single woman, and live at Upton, a close-length from Mr. Spink’s. On Sunday afternoon last, between five and six o’clock, as near as I can bay about half-past five, I was walking on the lane near my own house, when I heard a gun fired. The sound appeared to come either from the direction of Mr. Spink’s garden or orchard.

Mr. Joseph Thorpe. — I am a joiner, and reside at Upton. On Sunday evening last, I saw the prisoner, about a quarter to six o’clock. He was coming down Field-lane, and was wearing a light coloured smock. In about ten minutes afterwards I beard Annis Cookson crying out, “Elizabeth’s laid in the coal hole.” I ran up to Mr. Spink’s house as fast as I could, and saw William Cookson a little before me. I tried the front door of the kitchen, and it was fastened. I then ran round to the other side of the house, and entered the coal place with Wm. Cookson. We saw deceased laid on the floor, apparently dead. She was laid a little on the left side, with her legs straight out, and her head inclined towards the breast. We lifted the deceased up, and carried her into the kitchen. We observed a small patch of blood on one cheek, and as we held her up in the kitchen I felt something wet underneath her. We then turned the body up a little, and discovered that her clothes were saturated with blood. I saw a hole in the dress on the left side, below the shoulder blade, from which a stream of blood was oozing. I remarked to Cookson, “There has been some foul play here by some one;” and we then laid the body down on the floor. A short time afterwards the prisoner returned, and his first words, after looking at the body of the deceased upon the floor, were, “Well, this is a d — d queer thing, however.” Cookson said to him, “Thour’t a fine gentleman, thou art, to be left at home when thy master and mistress have gone away. When I was a servant, and master and mistress left me to take care of the house, I was generally a stay to the house.” The prisoner then said, twice over, “Well, I haven’t done it, I haven’t done it.” I said, “Done what?” and he replied “I haven’t killed her.” I said, “We didn’t say thou had;” and he replied “It’s more than two hours since I saw her.” I said, “Well, what time did thou leave her?” He said, “Five o’clock, or a bit turned.” I then said, “It cannot be two hours since thou saw her, for it’s only six o’clock now.” He appeared confused at this, and said no more. No person then had been out of the house to say the deceased was dead. Soon after this conversation, the prisoner was sent off to inform his master and mistress, and he returned between eight and nine o’clock. I saw him then in the kitchen, and had a little further conversation with him. I asked him if he knew how this had happened? and he said, “No I don’t; I left her about five o’clock, and as I was going out she told me to call and tell Annis Cookson to go and help her to milk.” He also said “She bolted the kitchen door after me as I came out.” I said “Did thou call and tell Annis she was to go and help her to milk?” He said “No, I went up the Cook Close to look after the sheep in the New Close.”

Mary Dickinson, wife of Wm. Dickinson, labourer, Upton, proved that she saw the prisoner running towards Mr. Spink’s, about six o’clock, after the girl had been found dead. She said to him “Come what are you about, leaving the house? they say your girl is found dead.” He replied, “D___ her, is she dead? it’s two hours since I saw her.” He then went forward.

Mr. James Ibeson, surgeon, Hemsworth. — I received information of the death of the deceased about a quarter-past seven, and saw the body a little after eight, at the house of Mr. Spink. I saw a pool of blood on the left side, and blood still oozing out of a wound on the point of the shoulder blade. I also discovered the gown, stays, and chemise were all burnt quite black, and a circular hole, about the size of a florin, burnt through them, as if the muzzle of a gun had been discharged close to the body. On Monday morning I made a post mortem examination, assisted by Dr. Clark, of Ackworth. I found a large orifice immediately below the shoulder bone; one of the ribs, the seventh, was fractured; the heart was shattered nearly to pieces, and the left lung wounded. All other parts were healthy and uninjured. We found fifty-three shot corns lodged in the heart and lungs. I have no doubt as to the cause of death, which had resulted from the shooting. The deceased would die instantaneously, and would not have power to cry out at all.

Mr. John Lister, of Doncaster, surgeon, deposed — I yesterday made a post mortem examination of the deceased, Elizabeth Mitchell. I found her to be a remarkably fine and well developed young woman, measuring 5 ft. 3 in. I found that a previous post mortem had taken place. I examined the heart, and from the right ventricle I extracted fourteen shot; from the pericardium covering the heart, I extracted nine more; from the upper lobe of the right lung one more, making altogether twenty-four. I discovered that these injuries proceeded from a gun-shot wound, and I am convinced that the gun, at the time of its discharge, must have been pointed upwards and to the right side. I am also convinced that no person could have inflicted such a wound upon himself.

Mr. Ibeson recalled. — There were no appearances upon the body of the deceased of any violence having been attempted.

Joseph Skelton, one of the West-Riding constabulary, said:— On Sunday night, about a quarter to eight, I received information that a girl had been found dead. I came to Upton, to Mr. Spink’s farm, and found the deceased lying on the kitchen floor. I saw that the prisoner remained in the house all night, and next morning I left him under the surveillance of the constable, and then went to Pontefract to inform Mr. Superintendent Hall of the murder. The prisoner went to bed about half-past ten or eleven o’clock. I went up to see him about a quarter-past two in the morning, and found him awake. He at first pretended to be asleep, but when I got near the bed he began laughing. I asked him why he was not asleep? He said he had been asleep, but it was some time since. I said to him, “What are you sweating so much for? Have you been crying?” He said, “No, but a sweat will do me good, I’ve got a cold.” The prisoner appeared greatly agitated, and trembled violently.

Mr. Superintendent Hall, of Pontefract, deposed. — From Information I received on Monday morning, I went to Mr. Spink’s, at Upton, a little after nine o’clock. I saw the body of the deceased, and likewise a gun in the sitting-room, which I took into my possession. I examined it, and found that it had been lately discharged. I went to the prisoner, who was in Mr. Spink’s back yard. I said to him “Come this way, I want you.” I took him into the house and said, “I charge you with shooting Elizabeth Mitchell, the servant girl, last night.” He replied, “I didn’t do it, sir; I left her about five o’clock or a little after,” and he then began crying. Shortly afterwards, I told him I wanted him to go with me to his box. He said, “I’d rather not, sir.” I said, “But you must.” He again said, “I’d rather not, I’ll give you the key.” He gave me the key. At that time the mother of the deceased was in the kitchen. I said, “You must go along with me, come on.” We went through the kitchen up stairs. He showed me his box, which I searched. I was examining the clothes in the box, when he put his hand down, gave me a blue smock, and said, ” I’d this on yesterday.” I took possession of it, and also of some other clothing. Yesterday morning I took the prisoner back to the box, and said to him “You told me you had a blue smock on on Sunday, I am informed you had a white smock on.” He said, “Yes I had, it’s there,” pointing it out to me in the box. I examined it, and found a little blood on one cuff, and also a mark of blood on the waistband. The marks appeared fresh. I said to him “This is marked with blood,” but he never spoke. On Monday, I was present at the post mortem examination, and received fifty-three corn shots from Mr. Ibeson, which I saw him extract from the body of the deceased. I have compared them, by placing them in the gold scales, with others found at the top of the cupboard in Mr. Spink’s sitting-room, and they are of exactly the same weight. I have like-wise compared the two portions of the caps with the caps found on the cupboard, and they correspond. I have examined the arm chair, in Mr. Spink’s room, and believe that the piece snipped has been done by the hammer of the gun.

There being no further evidence, The jury then consulted together, and in about a quarter of an hour it was intimated that they had arrived at their verdict.

The Coroner asked the foreman if the jury had agreed upon their verdict?

The Foreman. — We think the prisoner guilty of having killed the girl, but we cannot say whether wilfully or accidentally.

The Coroner intimated that this verdict was not one which he could receive, and requested the jury again to consult together.

This they did, and in about ten minutes afterwards they returned a verdict of “Wilful Murder against George Thorpe.”

The Coroner then signed his warrant for the committal of the prisoner to York Castle, on the charge of murder, and the witnesses were bound over to prosecute.

4168 words.