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He stated that it appeared that an order for
committal for contempt of court had in fact been made against Mr
Wagner. If that is so, it was not enforced.
On the same occasion Lord Chelmsford, a previous
Lord Chancellor, stated that the law was clear that Mr Wagner had no
privilege at all to withhold facts which came under his knowledge in
confession. Lord Westmeath said that there had been two recent cases,
one being the case of a priest in Scotland, who, on refusing to give
evidence, had been committed to prison. As to this case Lord Westmeath
stated that, upon an application for the priest's release being made
to the Home Secretary, Sir George Grey, the latter had replied that if
he were to remit the sentence without an admission of error on the
part of the Catholic priest and without an assurance on his part that
he would not again in a similar case adopt the same course, he (the
Home Secretary) would be giving a sanction to the assumption of a
privilege by ministers of every denomination which, he was advised,
they could not claim. The second case was R v Hay.
Lord Westbury's statement in the House of Lords
drew a protest from Henry Phillpotts, the then Bishop of Exeter, who
wrote him a letter strongly maintaining the privilege which had been
claimed by Mr Wagner. The bishop argued that the canon law on the
subject had been accepted without gainsaying or opposition from any
temporal court, that it had been confirmed by the Book of Common
Prayer in the service for the visitation of the sick, and, thus,
sanctioned by the Act of Uniformity. Phillpotts was supported by
Edward Lowth Badeley who wrote a pamphlet on the question of
priest–penitent privilege. From the bishop's reply to Lord Westbury's
answer to his letter it is apparent that Lord Westbury had expressed
the opinion that the 113th canon of 1603 simply meant that the
"clergyman must not ex mero motu and voluntarily and without
legal obligation reveal what is communicated to him in confession". He
appears, also, to have expressed an opinion that the public was not at
the time in a temper to bear any alteration of the rule compelling the
disclosure of such evidence.
Sentence
Constance Kent was sentenced to death, but this was
commuted to life in prison owing to her youth at the time and her
confession. She served twenty years in a number of gaols including
Millbank Prison and was released in 1885, at the age of 41. During her
time in prison, she produced mosaics for a number of churches,
including work for the crypt of St. Paul's cathedral. In Noeline
Kyle's book A Greater Guilt she discusses the work Constance
Kent was engaged in while incarcerated, and what Kyle describes as the
myth of the mosaics.
Later life
Kent emigrated to Australia early in 1886 and
joined her brother William in Tasmania, where he worked as a
government adviser on fisheries. She changed her name to Ruth Emilie
Kaye and trained as a nurse at the Alfred Hospital, Prahran,
Melbourne, before being appointed sister-in-charge of the Female
Lazaret at the Coast Hospital, Little Bay, in Sydney. She worked for a
decade at the Parramatta Industrial School for Girls from 1898 to
1909, was domiciled in the New South Wales country town of Mittagong
for a year, and was then made matron of the Pierce Memorial Nurses'
Home at East Maitland, serving there from 1911 until she retired in
1932, Constance Kent died in a private hospital in the Sydney suburb
of Strathfield at the age of 100, on 10 April 1944. The Sydney
Morning Herald (on 11 April 1944) reported that she was cremated
at nearby Rookwood Cemetery.
Trivia
1862: Elements of the case were used by Mary
Elizabeth Braddon in Lady Audley's Secret (1862).
1868: Elements of the case were used by Wilkie
Collins in The Moonstone (1868).
1870: Charles Dickens based the flight of Helena
Landless in The Mystery of Edwin Drood (1870) on Kent's early
life.
1945: The film Dead of Night, UK Ealing
1945, included in its five separate stories a section called
"Christmas Party" with Sally Ann Howes. This story is loosely based
on the Constance Kent case; "Christmas Party" was an original
screenplay based on an original story by the screenplay author Angus
MacPhail. While playing hide and go seek in an old house, Howes
hears a child sobbing and comes into a bedroom where she meets a
little boy named Francis Kent whose sister Constance is mean to him.
Howes comforts the child, and then leaves him when he is asleep.
Then she finds the others from the party and learns that Francis was
killed by Constance over eighty years before.
1980: The case was dramatised for television by
the BBC over eight episodes, starring Prue Clarke as Constance Kent,
and Joss Ackland as Samuel Kent, as one of three cases that made up
the series A Question of Guilt (1980) about female murderers;
1980: The Constance Kent case plays a central
role in William Trevor's novel Other People's Worlds (1980)
1983: Francis King's 1983 novel Act of
Darkness is a fictional re-imagining of the Constance Kent case,
transferring the setting to 1930's India.
1989: James Friel's novel Taking the Veil
(1989) is inspired by Kent's life.
1991: Sharyn McCrumb's 1991 novel Missing
Susan refers to this case.
2008: Kate Summerscale's book The Suspicions
of Mr Whicher about this case was read as BBC Radio 4's Book of
the Week from 7 to 11 April 2008. It won Britain's Samuel Johnson
Prize for Non-Fiction in 2008.
2010: An episode of the Investigation Discovery
channel series Deadly Women, "A Daughter's Revenge", features
a segment on Constance Kent.
2011: The case featured as a drama on ITV under
the title The Suspicions of Mr Whicher on 25 April 2011.
By Noeline J Kyle
Ruth
Emilie Kaye was the
pseudonym of Constance Emilie Kent. Born in Sidmouth, Devon in 1844,
Constance Kent confessed in 1865 to the killing of her three-year-old
half-brother in 1860. She served 20 years in English prisons before
changing her name and emigrating to Sydney, Australia in 1886.
Francis Savill Kent, aged three
years and ten months, was found dead in a disused, outside privy, his
throat cut, on the morning of 30 June 1860, near his home, Road Hill
House, Wiltshire. The local police conducted an inept investigation
and the Scotland Yard detectives brought in to help were unable to
gain a conviction. The father of the child, Samuel Savill Kent, was a
factory commissioner, employed in southern counties of England to
inspect factories employing women and children. He was not well-liked
in the local community but did have important social and political
contacts within the coterie of local magistrates and public officials,
including those who would sit in judgment on this case. As a result,
he was able to intimidate local police and partially subvert the
various investigations. The children's nurse Elizabeth Gough was put
on trial but to no avail. Constance came under suspicion because of
perceived dysfunction in the family and her dislike of her stepmother,
the mother of the murdered child, and she was arrested but released
because of insufficient evidence. There was no successful prosecution
in the case.
The Kent family moved to Wales.
Constance was sent to France. In 1865 Constance Kent, now 21,
confessed and went to prison for 20 years. Debate has ensued since on
whether she was guilty or not.
[1]
The mythology of how, when and
with whom Constance Kent travelled to Australia has grown since 1987,
when Bernard Taylor and his researchers found that she had indeed
lived out her latter years in the Antipodes under the assumed name of
Ruth Emilie Kaye.
[2] The family name is also variously written with
an 'e' or without despite Kent family records showing the spelling
Savill. William did change his name to Saville-Kent using the hyphen
to partially conceal his relationship to that awful past.
[3] Despite intense and continuing interest since,
no writer has written about Constance's journey away from England with
any accuracy, or about her subsequent life in Australia, in any
detail. A representative example is the work of Lucy Sussex:
In 1884, William [Constance's
brother], who had informally changed his surname to Saville-Kent, his
wife (another Mary Ann) and Mary Amelia
[4] emigrated to Australia. The two eldest Kent
daughters were settled and middle-aged in England, but Acland,
Florence and Eveline
[5] followed William to Australia the year after.
With them went Constance, now known as Ruth Emilie (or Emilia) Kaye.
Of the many curious things about the Road Murder, one of the oddest is
that a convicted murderess should, so soon after her release,
chaperone her victim's siblings on a voyage across the world. They
must have been singularly forgiving, feeling her to be no threat.
[6]
Most assume she travelled with
her half-siblings – as Lucy Sussex notes in the quote above – or with
her brother William, returning from one of his trips to England.
[7] However, Constance Kent arrived on the
Carisbrook Castle on 27 February 1886,
just a little more than six months after her release, and she was
alone. The Kent children's emigration to Australia was related to
their desire to find anonymity and a new life away from and apart from
the sensational and horrible events of the murder. They did not want
the prying eyes of the public, the press or the police in their lives.
Travelling with or being seen near Constance, even under her new alias
of Ruth Emilie Kaye, was risky. None of them subsequently showed any
such recklessness or boldness in behaviour, character or personality.
It was as a single, independent woman that Constance arrived in Sydney
and began to carve out a successful career for herself in this new
land.
Constance quickly established herself in the colony, working first as
a volunteer in the typhoid tents in Melbourne in 1888 and 1889.
Invited to train as a nurse from 1890 to 1892 at the Alfred Hospital,
she took up her first substantive appointment as sister-in-charge of
the Female
Lazaret at the Coast Hospital, at Little Bay in Sydney in 1894. As
she worked her way through 1894 and then 1895, it was clear that
Constance was a capable administrator and a proficient nurse.
Constance was one of the few appointed to oversee the Lazaret to be
well liked by staff and patients alike. She remained at the Coast
Hospital for two more years until mid-1898, when she left to take up a
position as Matron of the Industrial School for Girls at Parramatta.
After Constance left, Matron Jean McMaster wrote in her register that
there was a 'period of comparative calm' during the administration of
'Sister Ruth' and that it took some time after she left for suitable
staff to be retained.
[8]
Throughout her 11 years at the
Industrial School from 1898 to 1909, Constance was known as Miss Kaye
or Matron Kaye. This posting fulfilled her ambitions to earn a good
salary and gain prestige in the community, and she would have been
pleased with its location in the growing suburb of Parramatta. The
buildings and grounds of the school were large and commodious, if
somewhat forbidding for inmates. As Matron, Constance was allocated
spacious and comfortable lodgings. She was, for the first time since
arriving in Australia, afforded the luxury of servants attending to
her domestic and personal needs. Senior girls were assigned to clean
her rooms, and prepare and cook her food.
As Matron and second-in-charge
of the Industrial School, Constance supervised the work of the
kitchen, the laundry and every aspect of the health and welfare of the
girls. She was also given additional duties, reflecting her close
involvement with the daily regime of the girls. She was involved in
organising and facilitating their evening activities, consisting of
'readings, recitations and vocal and instrumental music'.
[9] As a young woman, Constance had been taught the
'accomplishments' at various private schools in England and France.
She could read music, knew well the works of significant composers,
and she was familiar with English poetry and literature. Constance had
read widely as a child, her favourite books focusing on the heroines
of her age, such as Florence Nightingale. She had scandalised her
family by reading Darwin's On the Origin of
Species while still at school.
Constance also gave a series of
'plain talk' lectures to the older girls. These talks were aimed at
circumventing the 'sexual delinquency' thought to be rampant among the
older girls committed to the school. Although never stated outright,
after 1900 the Industrial School for girls was in reality a 'lock
hospital'.
[10] The girls were examined by a visiting surgeon
for any 'infectious or contagious complaint' on admission, and the
superintendent wrote at length about the 'immorality' of girls in his
care. He also wrote of the excellent nursing care provided by Matron
Kaye as each girl arrived and was placed in her care.
Constance received news in
October 1908 that her brother William had died in England. William had
once been her best friend. As children, they had been inseparable.
After the death of their mother, they had watched with dismay as their
stepmother turned their childish world upside down. William died of
heart failure on 11 October 1908 shortly after an operation for a
blockage of the bowel. His wife and his sister Mary Ann Alice were at
his bedside. He was 62. William had lived an eventful life. His
career, first at the British Museum and then in fisheries management
in Australia, was extraordinarily successful. He travelled widely
collecting specimens for his work and wrote several books and numerous
scholarly articles.
[11]
At the same time as William died, a new
Superintendent arrived at the school. Alex Thompson, a career
bureaucrat, arrived at the same time as another change in government
policy, which included the appointment of officers possessed of
'qualifications necessary' to improve the character of the training
offered at the school.
[12] He was effusive in his praise of the younger
Edith Bubb who replaced Constance in August 1909. Not that Thompson
complained about Constance. She left the position of her own accord.
Her age (she was now 55) may have been a factor in her decision,
leading her to seek a less demanding occupation.
Constance left to establish 'Devon Electric Treatment' at Mittagong.
This move reflected both her interest in the alternative therapies of
Albert Schuch and her political interest in the Henry George movement.
Constance was a supporter of George's Australian branch of the Free
Trade and Land Valuers' League. Constance was at Mittagong for a year
before taking up an appointment as Matron of the Pierce Memorial
Nurses' Home at East Maitland. She retired from this position in 1932,
and in the late 1930s she left Maitland to reside at Albert Street,
Strathfield, Sydney at the Loreto Rest Home. She died here on 10
April, 1944 and was cremated at Rookwood the next day.
There were several press and
other publications about the Road Murder which would have been seen by
Constance while she was in Sydney. In 1899 the Sydney
Truth printed a sensational piece which
was reprinted in other newspapers. Sir Willoughby Maycock's
Celebrated Crimes & Criminals (1890) and
James Beresford Atlay's Famous Trials of the
Century (1899) both had chapters on the Road Murder and
Constance Kent's part in it. It was John Rhode's
The Case of Constance Kent however, published in 1928 by
Geoffrey Bles, that provided the impetus for a 3,000-word letter
mailed from Sydney in 1929. Bernard Taylor argues that there is no
doubt Constance Kent read Rhode's book and then sat down to pen the
letter, named the Sydney Document by the
Detection Club who acquired it in 1933.[13]
The Sydney Document takes Rhode to task
for focusing on the alleged 'insanity' of Constance's mother and is a
forceful critique of the stepmother. Constance was good with words
(she wrote more than 40 long and eloquent petitions while in prison)
and this long essay not only details much of the acrimonious
relationship between herself and the stepmother but also describes her
part in the murder (an account very similar to that of her confession
and other court records from 1865). In these reflections on her
childhood, growing up and the murder, Constance presents herself not
as a victim, but rather as incorrigible, smart, fearless and
intelligent. She describes a child well able to outsmart those around
her:
…she was sent to some
relatives, of her step-mother, they were extremely proper & she
delighted in shocking them, it was only too easy, she was considered
blasphemous because she would always speak of Sara Bernhardt as La
Divine Sara, she was not with them long as she was considered
incorrigible.
In the few weeks before her
death in April 1944, Constance Kent contacted her niece Olive Bailey,
[14] asking her to visit her in Strathfield. During
one of these visits she told Olive who she was and the story of
Constance Kent and the Road murder:
Olive did not know the facts
until long after her mother died. She was contacted by the matron and
asked to come down to Loreto as Miss Kaye wanted to see her. I gather
it was then that Constance revealed the secret.
[15]
Of course, we do not know what
Constance told Olive. Did she tell her the 'facts' of the case as we
know of them now? That the child was murdered, that she confessed in
1865 and was in prison for 20 years? Did she confess to Olive that she
was guilty, or that some other party was involved? This we cannot
know, but my guess is that Constance told Olive the 'facts' as she had
recounted them as she stood in the dock in 1860 and in 1865, and that
the secrets of the actual events of that night died with her, never to
be revealed.
Was she guilty? There are
proponents who would answer yes,
[16] and those who are as determined to answer no.
[17] It is 150 years since the murder and of those
who were resident at Road Hill House that night, Constance Kent was
the last to die. We can point to her obvious personal and professional
success after she left prison – especially the 16 years she worked in
senior public service positions with the New South Wales government.
In her work as a nurse and a public servant Constance appeared to have
a natural talent for administration and the supervision of others. In
addition, in her interaction with patients and with the young women at
Parramatta, there is no hint of meanness, anger, malice, cruelty or
even unkindness. There is no record of inappropriate behaviour. On the
contrary, Constance was praised for her skill and her ability to do
her work. She was not mad and nor did she exhibit visible aspects of
an unstable or unbalanced character.
Any writer on this event can
only refer to the same lengthy trial transcripts and depositions of
witnesses, and similar newspapers reports of the time. There is no new
evidence, no lost letters to be found and no one to re-interview about
the crime. What is puzzling however is that no previous writer has
interrogated the night of the murder or later events in the light of
Constance Kent's 1865 confession and its meaning for the case.
Summerscale views the confession as an act of great sacrifice.
[18] Taylor argues it is simply a means of covering
up the truth. I think Constance Kent's confession was a real event and
it has to mean something. We cannot dismiss it as a whim, or a rant or
as simply Constance's way of protecting her family or liberating
William. It may have contained elements of all of these things of
course; protection for the family, a way of supporting William and an
act of great sacrifice. Constance Kent was only 21 and when she
confessed she thought she would die in a hangman's noose. In fact,
everyone thought she would die. The sentence for murder was death by
hanging and she would not, indeed insisted she should not, plead
insanity or any other case for remission. She did not know when she
confessed that her sentence would be commuted. It was a daring and
risky act.
So why did she confess? I agree
with Taylor and others that she was guilty and also that her brother
William played some part in the murder. He was a strong lad of 15,
able to carry out such a physical act, and, like Constance, had a real
hatred of his stepmother. How the actual murder was enacted remains a
mystery but it is certain that Constance's part in it and her
confession are central. In all her years growing up in that
middle-class family Constance had played a leadership role. She had
been the persuader, leading William in many of their childish pranks.
It was she, too, who would not apologise and or say she was sorry for
any of her rash or silly actions. And I think this act of horror, of
murder, was also her idea. It was her idea (whether carried out with
William or not) to kill the child as an act of revenge against the
stepmother. It was not William's idea, after all he was a follower and
he followed her as he always did. She believed that because of her act
of thinking of the idea of murder, of revenge, and of (possibly)
convincing William to help her do it that she was truly, irretrievably
guilty. Her confessions, the first in 1865 and the second on her
deathbed, her writing of the Sydney Document
and the more than 40 petitions while in prison, her career as a public
servant, her mental and physical toughness and her obvious competence
as a professional and in her personal life, and the detail of her long
life lived in Sydney, Australia reveal a woman of talent and
fortitude. Her final words in the Sydney
Document are prescient as a final note on how Constance Kent
constructed herself and the way she wanted to be remembered:
After her release she changed
her name and went overseas and single handed fought her way to a good
position and made a home for herself where she was well liked and
respected before she died.
Noeline Kyle,
A Greater Guilt: Constance Emilie Kent and the
Road Murder, Boolarong Press, Salisbury, Brisbane, 2009
'Constance Kent and the Road
Murder', Late Night Live, ABC Radio National website,
http://www.abc.net.au/rn/latenightlive/stories/2009/2752376.htm,
viewed 2 August 2011
[1]
Noeline Kyle, A Greater Guilt: Constance Emilie Kent and the Road
Murder, Boolarong Press, Salisbury, Brisbane, 2009
[2]
Bernard Taylor, Cruelly Murdered: Constance Kent and the Killing
at Road Hill House, Souvenir Press, London, 1979
[3]
Handwriting Collection, Letter from Elizabeth Kent, 29 January
1919, Natural History Museum, London.
[4]
Mary Amelia Savill Kent was aged five on the night of the murder.
She married Alfred Hutchinson in 1899 at Croydon, Sydney and had
one daughter Olive. Olive married Charlies Bailey in 1936 and they
settled in Newcastle, New South Wales.
[5]
Acland Savill Kent was born one month after the murder. He arrived
in Australia in 1885. He died in 1887 at Bendigo, Victoria.
Florence Savill Kent was born one year after the murder. She never
married and died at Newcastle, New South Wales in 1957. Eveline
was aged two in 1860. She married Frederick Johnson and died in
1940 at Melbourne, Victoria
[6]
Lucy Sussex, 'Atonement: The Mystery of Constance Kent,' in Kerry
Greenwood (ed), On Murder 2: True Crime Writing In Australia,
Black Inc, Melbourne, 2002, pp 264–265
[7]
William Saville-Kent travelled to Australia in 1884 to take up the
position of Commissioner of Fisheries with the Tasmanian
government. He returned permanently to England in the early 1900s
[8]
Nurses Register, 1891–1917, Prince Henry Hospital Archives,
Nursing & Medical Museum Prince Henry, Little Bay, p 304
[9]
Superintendent's Report, 1899, Industrial School for Girls,
Parramatta, Votes & Proceedings, New South Wales Legislative
Assembly, 1900, vol 6, p 483; Noeline Kyle, 'Agnes King inter
alios: Female Administrators in Reformatory Schools', Journal of
Australian Studies, November 1984, pp 58–69
[10]
G Scrivener, 'Rescuing the rising generations': Industrial Schools
in New South Wales, 1850–1910', PhD thesis, University of Western
Sydney, 1996; Noeline Williamson (now Noeline Kyle), 'Reform or
Repression? Industrial and Reformatory Schools for Girls in New
South Wales, 1866 to 1910', Honours thesis, University of
Newcastle, 1979
[11]
Anthony J Harrison, Savant of the Australian Seas: William
Saville-Kent (1845-1908) and Australian Fisheries, Tasmanian
Historical Research Association, Hobart, 1997, p 135; William
Saville-Kent, The Great Barrier Reef: its products and
potentialities, John Currey O'Neill, Melbourne, 1972, (first
published 1893); William Saville-Kent, The naturalist in
Australia, Chapman & Hall, London, 1897
[12]
Superintendent's Report, Industrial School for Girls, Parramatta,
1909
[13]
Bernard Taylor, Cruelly Murdered: Constance Kent and the Killing
at Road Hill House, Souvenir Press, London, 1979 p 59
[14]
Olive's mother was Mary Amelia Savill Hutchinson (née Kent)
[15]
Typescript of interview notes by Shirley Richards with Olive
Bailey, 1989
[16]
Yseult Bridges, Saint – with Red Hands? A reissue of a chronicle
of a great crime – the Case of Constance Kent, MacMillan, London,
1970, (reprint of The Tragedy of Road-hill House, by Yseult
Bridges, first published 1954, Rinehart, New York)
[17] Bernard Taylor, Cruelly Murdered: Constance
Kent and the Killing at Road Hill House, Souvenir Press, London, 1979
[18] Kate Summerscale, The Suspicions of Mr
Whicher: A Shocking Murder and the Undoing of a Great Victorian
Detective, Walker & Company, New York, 2008