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Mary Ashby

Age: 25

Sex: female

Date: 11 Oct 1905

Place: 20 John Street, Leamington

Mary Ashby died from poisoning following confinement, the appearance of which appeared unnatural and it was suspected that someone had interfered with her.

A 55-year-old woman was tried for her murder, but when the judge charged the Grand Jury at the Warwickshire Autumn Assizes on 8 December 1905, he suggested that the evidence was not sufficient for a jury to convict her. It was noted that the magistrates had refused to send her for trial and that her case had been brought before them on a coroner’s inquisition. However, the Jury brought in a true bill against the woman and her trial was fixed for the following week. However, at her trial on 16 December 1905 after hearing the prosecution’s evidence the judge directed the jury to acquit the woman stating that he would have thought that the Jury would not have found a true bill against the woman upon his direction on 8 December 1905, noting that there was no case.

The judge said, 'I suspect a great deal. There is grave suspicion, but you cannot convict on suspicion. There is no evidence on which you can rely to warrant asking a jury to find the woman guilty. It was admitted that when the girl found herself in trouble she went to London before she went to the woman's house at all. A fact very much in favour of the woman was that while the girl was in her charge she went to the relieving officer, and informed him of the girl's condition, a very unlikely thing to do if she wanted to conceal anything. All the prosecution had to show was the doctor's statement that the girl died from blood poisoning. They had not even direct evidence that the injuries were caused while the girl was in the woman's house.' He added that he was sorry that a true bill had been returned and noted that he had no right to dictate to the Grand Jury but said that he thought that after his direction the bill should have been thrown out. He added that nine-tenths of the evidence given, and rightly given before the coroner, was inadmissible in the court.

A woman who had known Mary Ashby since December 1904 and said that one evening in June or July 1905 that Mary Ashby came to her at her home in George Street, Leamington, and told her that she had just come from London and asked whether she could leave her bag with her, saying that she would return for it that evening and would then continue to her home in Radford. However, she said that as it was late she offered her a bed for the night which she accepted.

She said that the following day that Mary Ashby told her that there had been some unpleasantness at home and asked if she could stay with her for a short time if in exchange she helped her with her work in the house and the woman accepted and Mary Ashby stayed with her until 21 August 1905.

The woman said that in consequence of certain things that Mary Ashby did, and because she was ill, she thought that she was doing something to herself she ought not to, noting that she told of her suspicions regarding Mary Ashby to her mother and added that her father had suspected something at the Radford Flower Show.

Another woman who lived in Vincent Street in Leamington said that she had known Mary Ashby for years and said that she came to her house on 22 August 1905 and told her that she was going to be married in a short time and said that she wanted rooms and offered to pay her 10s a week. The woman said that she then let her lodge with her for that sum and that she stayed with her for three weeks and two days. She said that Mary Ashby was ill during the last two weeks but said that she didn't know that she was in trouble until the day before she left. She said that on the Saturday, the day before she left, Mary Ashby left her house at about 4pm and returned the following morning in a cab looking very ill and said that she asked her what the matter was and said that Mary Ashby told her that she had been to Lillington to see a girl to get some money but that before she got there that she had fainted and had falling by the roadside. She said that Mary Ashby told her that a lady who was passing by in a carriage assisted her and took her to her house where she slept and then sent her home in a cab the following morning. She said that Mary Ashby told her that she didn't know the lady's name.

The woman said that Mary Ashby went straight to bed and that the cabman went for a doctor and that two or three hours later a doctor arrived at the house and advised that she sent for another doctor which she did.

When the other doctor arrived soon after he examined Mary Ashby and Mary Ashby told him that she was gone six months.

The doctor left having given her a prescription, but the woman said that Mary Ashby would not let her send for the prescription and nor would she let her fetch her mother.

The woman said that Mary Ashby then remained in bed for the rest of the day and then left the following morning between 12 noon and 1am saying that she was going home.

A district nurse said that she saw Mary Ashby on 18 September 1905, saying that she was in a weak, fainting condition and said that when she examined her she felt that she ought to be under medical supervision and advised her to go to the Workhouse Infirmary, but said that Mary Ashby refused. The district nurse said that she had reason to believe that Mary Ashby had done something to bring about her symptoms but said that she had no reason to believe that any instrument had been used.

Mary Ashby was admitted to a hospital on 10 October 1905 at which point a doctor who saw her said that she was dying and that along with another doctor that he carried out a post-mortem examination on her body the following day, 11 October 1905.

He said that her body was that of a well-nourished woman and that her death was due to poisoning following on confinement and that the appearance pointed to something unnatural in her condition which he said he had no doubt her blood poisoning had been caused through.

He added that he didn't think that her condition could have been caused as far back as 20 September 1905, but rather had probably been caused about a week or ten days before his examination.

He added that he felt that it was impossible for Mary Ashby to have caused the state of things which was probably the principal cause of her blood poisoning, herself.

When the doctor gave his evidence, the woman that was tried then asked, 'Do you think I did anything to the dear girl?', and the coroner told her that she could give evidence later on. The woman then said, 'God knows I have suffered enough lately through that. If they would offer me a thousand pounds I would not do that, oh, dear dear'. She then shortly after collapsed and was removed from the court in a fainting condition.

A Relieving Officer gave evidence at the inquest stating that the woman who was sent for trial came to him on 21 September 1905 and told him that Mary Ashby was staying at her house and that she was very poorly and asked for a medical certificate for her. The relieving officer said that he asked the woman whether she had Mary Ashby's consent but said that she told her that she didn't and that she would go and get it. He said that when the woman later returned she had a letter from Mary Ashby in which she explained everything concerning the matter, making allegations against a young man who she said had refused to marry her and asking him to assist her to make him pay towards her support. The Relieving Officer said that he later saw the man mentioned who he said promised to maintain Mary Ashby and to provide for medical attendance and said that he believed that he had done so.

However, when the Relieving Officer said that he next saw the woman he said that she told him that she believed that the child was dead. He said that when he made enquiries into that he found that Mary Ashby had been seen by a doctor and said that when he saw the woman she told him that Mary Ashby had been with her for a few days and that she wanted her out.

A widow who lived in New Street said that Mary Ashby came to her house on the Saturday, 16 September 1905 and asked her whether she had a sitting room to let. She said that she asked her who she was and said that Mary Ashby told her that that she was a lady's maid and said that in consequence of that she let her have a room for the week. However, she said that during that night Mary Ashby was taken ill and was not much better in the morning and that she then went away in a cab saying that she was going to her cousins and that she heard nothing more of her.

When the woman sent for trial, and who lived at 20 John Street in Leamington, gave evidence, she said that Mary Ashby came to her door on the evening of 18 September 1905 saying that a doctor and a friend had recommended her to her and said that she then described her condition and asked to be taken in. However, the woman said that she told Mary Ashby that she had no accommodation and could not possibly take her in. However, she said that Mary Ashby persisted and said that the young man who had admitted to being the father would pay and so she said that she sent a message to the young man as well as the doctor and waited until 12.30am that night for a reply, and when none arrived she said that she gave Mary Ashby her own bed to sleep in. She said that Mary Ashby remained the following day and that that she kept trying to put Mary Ashby off and said that the man that Mary Ashby had said was the father said that he did not want Mary Ashby to stop and that it was not until she had seen the Relieving Officer that the father came along on 21 September 1905 but said that he wouldn't go upstairs to see Mary Ashby, saying that she had told him so many lies, but agreed to pay 10s a week for maintenance and lodging, and also if necessary, a doctor.

The woman said that for the first week that Mary Ashby stayed in bed but that during the second week she got up for an hour or two each day.

The woman said that on the Saturday of the second week that a certain event occurred. She said that she left home at 10.45am to go to work and that when she got back at 6pm Mary Ashby called her upstairs and told her of her symptoms and said that after performing some household duties she then remained with Mary Ashby until the child was born. She said that it was exceedingly small and had been stillborn. She said that she kept the child's body for a week and then destroyed it. She said that she didn't think that the child could have been more than 3 months old.

The woman that was tried said that Mary Ashby complained of no pains in her wrists or ankles and that during her last week she had been as jolly as possible.

The woman said that on the Sunday 8 October 1905 that Mary Ashby's mother  and sister came over and that whilst they were there that she washed and attended to Mary Ashby and said that it was not until then when Mary Ashby's mother suggested getting a doctor in that she had considered such a course. She said that she said, 'By all means', but that she did not think a doctor was necessary and didn't think that she was as bad as that.

The woman said that Mary Ashby wrote an express letter to her mother the following morning saying that she was worse, and her mother and sister came by afterwards with a doctor who ordered Mary Ashby's removal to the Workhouse Infirmary. However, she said that both Mary Ashby and her sister were against her being taken to the Infirmary and so Mary Ashby went home.

Mary Ashby was admitted to the hospital on 10 October 1905 and died on 11 October 1905.

When Mary Ashby's sister gave evidence, she said that when her mother came back from seeing Mary Ashby on the Saturday she told her that Mary Ashby was very ill and so they went to see her on the following day, Sunday 8 October 1905 at 20 John Street and said that when her mother asked how Mary Ashby was doing, the woman told her that she was doing nicely and told them to go upstairs. However, they said that when they went up they found that Mary Ashby was in a terrible state, saying that she was exhausted and her mouth was in a bad state.

When the coroner summed up he directed the jury that they could either return an open verdict or one of wilful murder. He said that there was nothing else for it, adding that if they considered that Mary Ashby had died as a result of injuries that she had received whilst at 20 John Street, then they could return a verdict of murder and if they felt that there was sufficient evidence to attach suspicion against a certain person then they could put that person on trial for murder. He added however that if they felt that there was not sufficient evidence to attach blame or to say who caused the injuries then they could return an open verdict.

the jury retired at 8.35pm and returned at 9pm with a verdict that Mary Ashby had died from blood poisoning that had been brought about by an illegal operation and that they were of the opinion that the operation had been performed by the woman whose house she had been at.

When the woman heard the verdict, she exclaimed, 'O God. No, no, no. Oh, gentlemen, I never have, I never have. Why would I?'.

The coroner then addressed the woman and said that the jury had said that Mary Ashby had come by her death through the woman and that the woman was therefore guilty of murder and that it was his business to commit her to the assizes to take her trial.

The woman then fell on her knees and exclaimed, 'It is because I have got a bad name'. She was then removed below.

However, the magistrates refused to commit her and she was sent to trial on the coroners inquisition and whilst a true bill was returned, against the direction of the judge, the judge ordered the jury to acquit the woman after hearing the prosecution stating that there was no evidence against her.


*map pointers are rough estimates based on known location details as per Place field above.

see www.britishnewspaperarchive.co.uk

see National Archives - ASSI 13/35

see Leamington Spa Courier - Friday 27 October 1905

see Leamington Spa Courier - Friday 20 October 1905

see Leamington Spa Courier - Friday 08 December 1905

see Alcester Chronicle - Saturday 16 December 1905