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Elizabeth
WOOLCOCK
She remains the only woman ever executed in
South Australia and is buried between the outer and inner prison
walls. It has been argued that she may have been a victim of
domestic violence and suffered from battered spouse syndrome.
Life
Born 20 April 1848, Elizabeth and her family
lived in the Kooringa creek dugouts (rooms cut into the high banks
of the Kooringa creek) until a flash flood washed their home away
in January 1852. With no home and having lost all their
possessions, Elizabeth's father joined the Victorian gold rush and
moved to Ballarat, the rest of family, along with their
babysitter, joined him in October taking residence in a tent on
the goldfields. Her mother disliked Ballarat and described it as "this
horrid, sin stained colony of scoundrels and villains" and,
following the death from dysentery of Elizabeth's younger sister
not long after their arrival, moved to Adelaide with another man
leaving Elizabeth to be raised by her father with help from his
neighbours.
Following the Eureka Stockade rebellion in
1854, Elizabeth was traumatised after witnessing the death of her
father's friend Henry Powell at the hands of police in an act of
retaliation for the rebellion. A policeman slashed Powell across
the head with his sabre while several more policemen then shot him
as he lay on the ground. The policemen then trampled the body for
some time with their horses. The following year seven year old
Elizabeth was raped and left for dead by an itinerant Indian in an
attack that left her both psychologically disturbed and unable to
have children due to gynaecological damage. Her doctors gave her
Opium for the pain to which she subsequently became addicted.
On 2 February 1857 her father died of
consumption and Elizabeth was put into service with the family of
a pharmacist in Melbourne which gave her easy access to the Opium
she needed to feed her drug habit. At the age of 15 she left the
household and moved into the Ballarat township, along with a large
quantity of Opium she had accumulated, obtaining work in a
guest-house. According to a journal written by her friend Hannah
Blight, during this time Elizabeth supplied Opium to prostitutes
for use as revenge on their more abusive clients in order to
punish and rob them.
In 1865 after receiving news that her mother
was alive and looking for her, Elizabeth travelled to
Moonta-Moontera (Aboriginal for dense scrub) in South Australia
and moved in with her mother and stepfather. To support herself
she got work as a housekeeper, on weekends taught Sunday school
and there is evidence she even managed to kick her addiction as,
unlike the eastern states where they were freely available,
opiates required a prescription in South Australia. In 1866 a
relative of the family she worked for arrived from England and
after moving into the household took over her job which led to
Elizabeth's dismissal.
Thomas Woolcock
Thomas Woolcock emigrated from Cornwall and
settled in Moonta with his wife and two children in 1865. His wife
and one son contracted a fever and died the following year, and
with a young son also named Thomas, to care for he advertised for
a live in housekeeper for which Elizabeth applied. Elizabeth's
stepfather disliked Woolcock and considered the live in
arrangement scandalous, Woolcock, to avoid gossip married her in
the cottage's front parlour.
Woolcock turned out to be a heavy drinker, a
bully and a wife-beater. Elizabeth attempted to leave him several
times but failed and eventually attempted suicide by hanging
herself in the stable but the rafter broke sparing her life. She
became addicted again, this time to Morphine. The situation
improved somewhat when Woolcock took in a boarder whose presence
lessened the abuse she suffered but eventually the two men had a
dispute and the boarder left. Not long after he left the family
dog died after being poisoned and the boarder was suspected.
Around this time Elizabeth ran out of Morphine and began suffering
from severe withdrawal symptoms, the chemist refused to prescribe
any more and she resorted to sending her stepson to pharmacies
with notes and claiming she needed it to "get ink stains out". Her
desperation to acquire drugs became common knowledge in the
community
Woolcock's death
A month after the dog died, Woolcock became ill
with stomach pains and nausea, Elizabeth called in three doctors
over the following weeks who each diagnosed different illnesses
and prescribed different medications. Dr Bull prescribed syrup and
pills laced with a third of a grain of Mercury each (21 mg), for a
sore throat but Woolcock became considerably worse and Elizabeth
then called in Dr Dickie who diagnosed a gastric disorder and
prescribed Rhubarb tablets and cream of tartar which had no
effect. Finally Dr Herbert treated him for a sore throat with
excessive salivation. Dr Herbert's treatment worked and Woolcock
was improving but two weeks later he decided Herbert's treatment
was too expensive and went back to Dr Dickie who resumed the
treatment for a gastric problem. When his condition failed to
improve Elizabeth suggested returning to Dr Bull but, according to
neighbors and friends who were present and later testified at her
trial, Woolcock replied: "I certainly don't want Dr Bull again,
as it was his medicine that made me bad in the first place".
At 3 am on 4 September 1873, Thomas Woolcock
died. Dr Dickie initially stated his patient had died from "pure
exhaustion from excessive and prolonged vomiting and purging".
Woolcock's cousin, Elizabeth Snell, suggested to the doctor that
as everyone knew Woolcock's wife had been getting "Morphia" she
could have poisoned him with it and rumours of foul play began
spreading. Dr Dickie ordered an inquest largely to quash the
rumours as he still believed his original diagnosis was correct.
Inquest and trial
The inquest was opened in the front parlour of
Woolcock's cottage with 14 jurors. Dr Dickie testified on the
drugs taken by the deceased and the chemist, Mr Opie, testified
regarding Elizabeth's attempts to get Morphine. Elizabeth also
testified. An autopsy was ordered and performed in the cottage
that night while Elizabeth waited outside.
The next day the inquest resumed at the Moonta
courthouse where Dr Dickie described the state of the body and
suggested that Mercury poisoning was a strong probability, Dr
Herbert concurred. Dr Bull admitted prescribing pills with Mercury
but insisted Woolcock only took one. Police told the inquest that
they had found a Mercury rich powder used to treat the Woolcock's
dogs Ringworm. The jury decided that Woolcock was poisoned by his
wife and Elizabeth was arrested.
Elizabeth pled not guilty and the trial in
Adelaide was a sensation with crowds filling Gouger Street outside
the Supreme Court. The Crown Solicitor argued that Elizabeth had
poisoned the dog as an experiment, the ringworm powder was the
means and that motive was an affair with the boarder. Defendants
at this time were barred from testifying on their own behalf so
Elizabeth was unable to answer the accusations. Following a three
day trial the jury, after deliberating for 20 minutes, found her
guilty with a recommendation for mercy but she was sentenced to
death.
Execution and confession
On 30 December 1873, dressed in a white frock
and carrying a posie of fresh flowers, Elizabeth gave a letter to
be opened after her death to her minister, the Reverend James
Bickford, and then walked calmly to the gallows.
The letter, describing her life, was badly
written with poor spelling and inaccuracies including even getting
her own age wrong:
The last Statement and confession of
Elizabeth Woolcock to Mr. Bickford.
Sir i was Born in the Burra mine in Provence of South Australia
in the year 1847 my parents names were John and Elisabeth Oliver
they were Cornish they came to this Couleney in 1842 but they
went to Victoria in 1851. I was left without the care of a
Mother at the age of 4 years and i never saw her again until i
was 18 my father died when i was 9 years old and i had to get my
living until i was 18 and then i heard that my Mother was alive
and Residing at moonta mine she wrote me a letter asking me to
come to her as she had been very unhappy about me and she was
very sorry for what she had done i thought i should like to see
my Mother and have a home like other young girls so i gave up my
Situation and came to Adelaide my mother and my stepfather
received me very kindly and i had a good home for 2 years my
Mother and Stepfather were members of the Wesleyan Church and i
became a Teacher in the Sunday school for 2 years at the End of
that time I first saw my late husband Thomas Woolcock i believe
my stepfather was a good man but he was very passionate and
determined my late husband was a widower with two Children his
Wife had been dead about 8 months when i went to keep house for
him against stepfathers wishes I kept house for him for 6 Weeks
when some one told my stepfather that i was keeping Company with
Thomas Woolcock he asked me if it was true and i told him it was
not but he would not believe me but called me a liar and told me
he would Cripple me if i went with him any had not been with the
man but i would go with him now if he asked me if the Divel said
i should not this took place on the Thursday morning I saw my
husband in the evening and he asked me what was the matter and i
told him what had taken place the following Sunday he asked me
to go with him for a walk instead of going to Chapel i went and
my stepfather missed me from the Chapel and came to look for me
and found us both to gether so i was afraid to go home for has
he had said he would break both of my legs i was afraid he would
keep his word as i never knew him to tell a willful lie so i
went to a cousins of my husbands and stopped and my husband
asked me if i would marry him and for my words sake i did we
were marride the next Sunday morning by lience after the
acquantance of 7 weeks i was not married long before i fownd out
what sort of a man i had got and that my poor stepfather had
advised me for my good but was to late then so i had to make the
best of it i tried to do my duty to him and the children, but
the more i tried the worse he was he was fond of drink but he
did not like to part with his money for any thing else and god
onley knows how he illtreated me i put up with it for 3 years
during that time my parents went to melbourn and then he was
worse than ever i thought i would rather die than live so i
tried to put an end to my self in severl different ways but
thank the Lord i did not succied in doing so as he did not treat
me any better and I could not live like that I thought I would
leave him and get my own liven so I left him but he would not
leave me alone he came and fetched me home and then I stopped
with him twelve months and I left him again with the intention
of going to my Mother I only took 6 pounds with me i came doun
to Adelaide and I stopped with my sister i was hear in Adelaide
6 weeks when he came an fetched me back again but he did not
behave no better to me i tried my best to please him but i could
not there is no foundation at all for the story about the young
man called Pascoe he was nothing to me nor i did not give the
poor dog any poison for i knew what power the poison had as i
took it my self for some months and i was so illtreated that i
was quite out of my minde and in a eviel hour i yealded to the
temptation he was taken ill at the mine and came home and
quarreled with me and satan tempted me and i gave any poison for
i more and i being very self willed i told him that i knew what
power the poison had as i took it my self for some months and i
was so illtreated that i was quite out of my minde and in a
eviel hour i yealded to the temptation he was taken ill at the
mine and came home and quarreled with me and satan tempted me
and i gave him what i ought not but thought at the time that if
i gave him time to preapre to meet his god i should not do any
great crime to send him out of the World but i see my mistake
now i thank god he had time to make his peace with his maker and
i hope I shall meet him in heaven for i feel that god has
pardoned all my sins he has forgiven me and washed me white in
the precious blood of Jesus i feel this evening that i can
rejoice in a loven Saviour i feel his presence hear to night he
sustains me and gives me comfort under this heavy trial sutch as
the world can never give. Dear friend if i may call you so i am
mutch obliged to you for your kindness to a poor guilty sinner
but great will be your reward in heaven i hope i shall meet you
their and i hope that god will keep me faithfull to the End o
may be abl to say that live is Christ but to Die will be gain
Bless the Lord he will not turn away any that come unto him for
he says come unto me all ye that labour and are heavy laden and
I will give you rest I feel i have that rest i hope to die
singing Victory through the Blood of the lamb I remain sir Yours
truly a sinner saved by grace Elizabeth Woolcock.
—Adelaide Observer, 3 January 1874
Since her execution, flowers have been placed
by her grave regularly, a tradition that has continued despite the
closure of the Gaol.
Evidence of innocence
Experts agree that that Elizabeth's
"confession" was religiously inspired and prompted by a desire for
salvation with an exaggeration of her sins. Police historian Allan
Peters says she was "more interested in impressing the Reverend
than setting the record straight".
It is unlikely that Elizabeth was having an
affair and she had nothing to gain from Woolcock's death. That she
cared for him while he was ill was evidenced by his lack of bed
sores and witnesses testified that Elizabeth showed no ill will
towards her husband.
The dog was treated for Ringworm with Mercury
laced powder and could have died from Mercury poisoning after
licking the powder on its body.
Woolcock's symptoms were consistent with
Tuberculosis and Dysentery, both of which were found at autopsy,
and Typhoid, although this was not found. Woolcock's organs,
removed at autopsy, had been left unattended and exposed to the
air for 24 hours before they were examined which could have
compromised the diagnosis.
It was never proven at trial that Woolcock had
died of Mercury poisoning or that Elizabeth had administered it.
Dr Bull prescribed Mercury laced syrup and
tablets which would have killed Woolcock if he had taken more than
Bull testified to. Bull had been a drug addict himself for 30
years and consumed Atropine, Sulphuric Ether, Chloroform and Opium
in large and frequent doses. He was reportedly in a "drug
be-fuddled state" when treating Woolcock and several witnesses
testified that Thomas has told them that it was Bull's medicine
that had made him so sick. Dr Bull was committed to a psychiatric
hospital after the trial and committed suicide several months
later.
Two recently discovered letters sent by Samuel
Way to relatives in England shortly before he was appointed Chief
Justice of South Australia were commentary on the now lost report
into the hanging commissioned by the government of the day and
headed by his brother Dr Edward Way. Edward he wrote, concurred
with the analytical chemist that the evidence on administration of
the poison was "unreliable" and that the "medical
evidence mistaken". The implication is that she did not poison
Woolcock and that even if she had been guilty she did not receive
justice based on the available evidence.
Application for Posthumous Pardon
Following years of research, Police historian
Allan Peters in January 2009 applied for a Posthumous Pardon which
is being considered by the State Attorney general Michael
Atkinson. In 2010, Peters distributed petitions throughout the
Copper Coast requesting a posthumous pardon with the Moonta and
District Progress Association urging people to sign.
By Samela Harris - AdelaideNow.com.au
February 13, 2009
"Serenity" reads the nameplate on the bullnose
veranda, and the sturdy whitewashed walls of this Moonta miner's
cottage give no hint of disagreement. Inside, though, is another
story. A mystery still lurks in these old rooms. What really
happened in the late winter of 1873?
Some say they can sense it: a restless spirit
that still roams the house, with footfalls firm and busy in the
night. One man swears he's seen a woman standing by the bed.
Others are too frightened to sleep in the front room.
Police historian Allan Peters does not believe
in ghosts. It is ironic, then, that Elizabeth Woolcock has been
haunting him nigh these 60 years. It was here that miner Thomas
Woolcock died from the agonising effects of mercury. Elizabeth,
his wife, was accused of poisoning him. In 1873, aged just 25, she
was executed for his murder, the only woman hanged for a crime in
South Australia.
Now, more than a century later, Elizabeth has a
champion, a man who has felt compelled to plough through dusty
archives researching her case. The story first gripped Peters as a
boy when his grandmother told the tale on visits to Moonta.
Even before he retired he fossicked through
Moonta archives and police records. So diligent were his
excavations that he was made an historian for the SA Police
Historical Society.
Last year he found new evidence, and a
bombshell. "I am now quite certain that Elizabeth Woolcock was
denied access to justice," he says. "To set the record straight,
in the light of new evidence, I thought it was imperative to write
a book outlining the facts."
The result is his self-published Dead Woman
Walking, which delves deep into Elizabeth's story. But it's the
subtitle that jumps out: Was an innocent woman hanged? The answer,
says Peters, is yes. Now he's appealed to the SA Attorney
General's Department for that rarest of things – a posthumous
pardon.
Today, another Elizabeth – Elizabeth Crane –
lives in the Moonta cottage and she is glad about Peters' news.
Not that she has felt the pull of Woolcock upon her world. She is
the one person who sleeps there peacefully night after night. She
has not heard footsteps or seen presences. Instead, it's she who
gave the cottage its name.
It is one of the few changes that have been
made, although most of the neighbouring miners' cottages in the
shadow of the vast ochre-red mesa of copper mine tailings are
gone. The Woolcock cottage stands, as it would have in Elizabeth's
day, behind the ordered asymmetry of a classic "Cornish stick
fence".
The low front door opens straight into the main
parlour. It is cool inside on a summer's day and, no matter what
today's Elizabeth says, that room, now containing a small organ
and some assertively kitsch American Indian prints, has a sombre
feel.
It is clear that the room is little used,
except for the odd truckle bed brought out when family stays. This
is the room in which people say their sleep is interrupted by
footsteps in the night.
To the left, a small door leads to the master
bedroom. Straight ahead there is another dark room, small and
cosy. Perhaps in Elizabeth's time it was the dining room. The
kitchen is in what was a stone outhouse, quite apart from the main
cottage.
One more, small inner room completes the
original cottage. It was doubtless the bedroom of the one child
who lived there, Thomas John Woolcock.
For all his investigative skills, 74-year-old
Peters has been unable to find a record of the boy. He slipped
between the cracks of history.
His father Thomas arrived with wife and two
sons from Cornwall in 1865 and worked on a mining company tribute
contract. Tragedy soon struck, though, with the death of his wife
and one son to fevers. Elizabeth came into his life and into that
cottage when she applied for a job as housekeeper in 1866.
She'd had her own troubles. "She was Elizabeth
Oliver then," Peters says. "A hardworking and strong-willed young
woman whose life had been nothing less than blighted – stalked at
every stage by personal tragedies and hardships."
He has reconstructed that hapless life with the
patience and determination of a cold case detective. Thanks to
family connections in Moonta, he was given boxes of old documents,
some of them treasures in the paper-chase of Elizabeth's case.
"I was even lucky enough to find the one and
only photograph of her," he says.
He can't begin to count the hours spent in
libraries, poring over old newspaper reports from which he gleaned
the minutiae of the inquest and court case.
"Every time I think there is nothing out there
I have not found, something new bobs up," he says.
The historian's family has grown used to his
fascination with Elizabeth Woolcock. Artist daughter Leeza has
been inspired to write a play based on Elizabeth's sorry saga.
"Elizabeth is part of our family after all these years," says
Peters's wife, Pauline.
Elizabeth Oliver was born in 1848 in Burra
Burra. She was about four when her miner father joined the exodus
to the Victorian goldfields and she soon followed with her mother
and baby sister.
Her mother described Ballarat as "this horrid,
sin-stained colony of scoundrels and villains". In the heat, dust,
flies and disease Elizabeth's young sister died and her
grief-stricken mother fled back to SA with another man.
Elizabeth was raised by her father and the
comfort of neighbours. According to Peters, this was the most
serene and contented time of her life.
Then the Eureka Stockade erupted.
Australia's one great rebellion, when miners
protested a list of grievances including the expense of goldfield
mining licences, was met by brutal military and police
retaliation. Elizabeth saw her father's close friend, Henry
Powell, being brutalised – one mounted policeman raked his head
open with a sabre, others shot his fallen body and rode their
horses over him until he was a tangle of bloodied and broken
limbs.
"The emotional scars of this appalling sight
were to be with Elizabeth for the rest of her life," Peters says.
Less than a year later, when seven, Elizabeth
was raped by an itinerant Indian. "I think she was left for dead,"
Peters says.
Along with psychological trauma and
gynaecological damage that would leave her infertile, the legacy
was Elizabeth's drug addiction. The doctor prescribed potent
medicinal draughts for her pain and she never broke free from
opium. Or hardship.
In 1857 her father died, aged just 44.
Elizabeth went into service, rather handily for a girl with a drug
habit, with a pharmacist's family. She was 15 before she left, and
with a stash of opiates headed for Ballarat.
Discovering this part of her life was a coup
for Peters. In a dusty box of old papers from Moonta he found a
just-legible journal written by Elizabeth's friend and neighbour,
Hannah Blight. It recounted Elizabeth's stories about how, working
in a guest house, she established a double life, helping
prostitutes get revenge on some brutal clients by using her opium
to knock them out for easy fleecing.
This life of crime was interrupted by news that
her mother was alive and looking for her, so in 1865 she headed
for Moonta. She moved in with her mother and stepfather, worked
week days as a housekeeper and taught Sunday School on weekends.
She even had a young man and seemed to have stopped using her
"special medicine".
The calm of that phase was disrupted when an
English relative turned up to help the family for whom she was
working – and she was out of a job. Enter Thomas Woolcock, needy
widower hunting for a housekeeper. Elizabeth applied for the job
and was quickly employed.
Her stepfather, however, disliked Woolcock and
found the situation scandalous. To stem gossip about his
19-year-old housekeeper, Woolcock married her – right there in the
front parlour of that miner's cottage now called Serenity.
Peters says his research shows life in the
cottage turned out to be anything but serene. Elizabeth's husband
turned out to be a drinker, a bully and wife-beater. She tried to
leave him several times. Back on the drugs, she attempted suicide
by hanging herself from a rafter in the stable. The rafter broke.
They took in a boarder to defuse domestic
tension. For a while even Thomas John, the child, seemed happy.
But disputes between the men arose and the boarder left. Then the
dog was poisoned. The boarder was suspected. Woolcock was recorded
saying that anyone who disliked a man enough to poison his dog
could well poison him, too.
Elizabeth, meanwhile, was having trouble
finding morphine. She tried to get drugs by sending her stepson
out to the pharmacy with notes. She tried pleading that she needed
morphia to remove ink stains. The word soon spread about her
desperate quest.
Then, a month after the dog's death,
Thomas Woolcock became ill.
"Over ensuing weeks, Elizabeth called in three
doctors to treat him for the debilitating stomach pains and nausea
– Dr Bull, Dr Dickie and Dr Herbert – and they each diagnosed
different a illness and prescribed different
medications," Peters says.
"Dr Bull gave a throat syrup laced with
mercury. Dr Dickie interpreted bilious disorder and gave rhubarb
tablets and cream of tartar. Dr Herbert treated him for sore
throat and excessive salivation – and he seemed to improve. But Dr
Herbert was too expensive and Thomas reverted to Dr Dickie who
resumed treatment for gastric disorder."
Within weeks of becoming ill, Thomas Woolcock
was dead.
Dr Dickie at first said that his patient died
"from pure exhaustion, from excessive and prolonged vomiting and
purging", but changed his mind after Woolcock's cousin, Elizabeth
Snell, asked if he could possibly have been poisoned since, after
all, everyone knew his wife had been seen at the chemist
inveigling for morphia.
Dickie ordered an inquest.
The Coroner and a jury of 14 sped to the
cottage and the inquest was opened right there in the front
parlour.
Dickie the doctor and Opie the chemist gave
evidence, listing the drugs consumed by the deceased: laxative
pills, sweet nitre and morphine. The chemist described Elizabeth's
attempts to secure morphia. Elizabeth also testified, but the die
had been cast.
A post mortem was ordered, and it took place in
the cottage that night while Elizabeth sat out back.
The inquest resumed at the Moonta Court House.
Dr Dickie described in detail the state of the deceased's body,
noting that the bowel was gangrenous. He said mercury poisoning
was a strong probability for the state of his organs. Dr Herbert
concurred.
However, both insisted they had never
prescribed any medication containing mercury.
Dr Bull admitted that pills he had prescribed
contained mercury but insisted that the patient had taken only
one.
Soon the focus was on Elizabeth's drugs. The
police said they had found bottles labelled as "poison" in the
house – laudanum prescribed by Dr Opie and a mercury-rich
precipitate powder which was used to treat the dog's ringworms.
Peters thinks this was the cause of the dog's
death, not a disgruntled boarder. "It now is thought the dog
licked it off thus, killing himself through mercury poisoning," he
says.
The jury decided that Woolcock was poisoned by
his wife. Elizabeth was arrested.
The trial was a sensation. Elizabeth pleaded
not guilty. Outside the Supreme Court, Gouger St teemed with
curious onlookers.
The defence argued Elizabeth had been a model
wife, citing her loyal bedside vigil beside the dying husband. But
the Crown Solicitor's allegations that she poisoned the dog as an
experiment before poisoning her husband – and
that she was having an affair with the lodger –
carried the day.
Elizabeth was found guilty and condemned to
death. There were protests. Some claimed the medical and
scientific evidence was flawed and others argued the death
sentence was wrong.
But, on December 30, 1873, clad in a white
frock and carrying a posy of fragrant garden flowers, Elizabeth
Woolcock took that last walk to the gallows.
She gave her Methodist Minister, the Rev James
Bickford, a letter to be opened after her death. Written
painstakingly with clumsy spelling and grammar, and inaccuracies
about even her own age, she described her life, adding "satan
tempted me and i gave him what I ought not but thought at the time
that if I gave him time to preapre to meet his god i should not do
any great crime to send him out of the World but i see my mistake
now (sic) ... "
Peters is unmoved by this quaint "confession".
He agrees with experts who see the highly religious desire for
salvation and forgiveness as commensurate with a tendency to
overstate sins. "She was religiously inspired, more interested in
impressing the Reverend than in setting the record straight," he
says.
The trial was littered with inconsistencies and
oversights. What was the possible motive? Peters argues Elizabeth
had nothing to gain by poisoning her husband and that his lack of
bed sores showed she had tended him carefully while he lay dying.
"So, if Elizabeth did not kill him, who did?"
he asks.
The new evidence the historian has uncovered
points to Dr Bull – the doctor who gave the medication which made
Woolcock sick.
Dr Bull died only months after Elizabeth's
execution. His demise was brought on by 30 years of drug
addiction, consuming atropine, sulphuric ether, chloroform and
opium "in large and frequent doses". When treating Thomas, says
Peters, he was in a "drug-befuddled" state.
Excitingly, Peters also encountered two letters
written by Samuel Way, later the Chief Justice, to friends and
family in England commenting on the report commissioned from his
brother, Edward Way, for the government of the day. Edward, he
wrote, had concurred with the analytical chemist that the evidence
on administration of poison was "unreliable" and the "medical
evidence mistaken", albeit that the victim died from mercury
poisoning.
Peters has been unable to track down the
original report but feels Sir Samuel's comment is a powerful
indictment of the case. "Even if her confession was true and she
did it, which I strongly doubt, Elizabeth Woolcock did not receive
justice," he insists.
That is why Peters is pushing for a posthumous
pardon. He patiently awaits the machinations of modern-day
justice. A pardon will not help Elizabeth all these years after
her death, he acknowledges, but it will serve justice and put
history right.
By Katarina Urban - Policejournal.org.au
August 2004
Abandoned by her mother at four, brutally raped
and beaten at seven and orphaned at nine – Elizabeth Woolcock
might also have gone to her hanging death an innocent woman.
The execution platform loomed atop 13 heavy,
wooden steps. Elizabeth Lillian Woolcock – barely 25 and shivering
in a flimsy, white government-issue gown – waited below.
Then came the order to climb the steps.
Woolcock complied and, at exactly 8am on December 30, 1873, a
masked executioner slipped a dense, black hood over her head, and
a noose around her neck. Before she could finish a prayer, the
floor beneath her suddenly snapped open.
Woolcock – sentenced to death for the wilful
murder of her husband, Thomas – hung by the rope convulsing
violently for several minutes until she finally died. As custom
required, authorities left her dead body suspended for one hour.
She was the only woman ever hanged in the Adelaide Gaol.
Debate has raged over Woolcock’s sentence for
131 years. For her conviction - which arose out of circumstantial
evidence - did she deserve to hang?
From her very beginnings, Elizabeth Lillian
Woolcock (née Oliver), lived a harsh life. She and her family fell
victims to a flash-flood, which left them with nothing.
Another tragedy followed when her mother
abandoned her as a four-year-old. Woolcock remained with her
father.
At the age of seven, she witnessed the horrific
death of a family friend, just months before she was brutally
raped and beaten in her own bed. Her injuries were treated with
massive doses of opiates, which left her drug-addicted until her
death.
Then, at the age of nine, Woolcock’s father
died suddenly, leaving her to fend for herself.
Elizabeth, as a 19-year-old, took on a job as a
house-keeper to the recently widowed Thomas Woolcock and his young
son. Malicious gossip about the live-in arrangement soon forced
Thomas to propose marriage. Woolcock accepted.
She approached her marriage with optimism, but
her outlook would soon change. Thomas revealed a domineering
character and, after excessive drinking, often beat his young
wife.
Her only comfort lay in the morphine-laced
medicine to which she had been addicted for so many years.
Woolcock took the medicine every night, before she lay down in the
bed she shared with Thomas. Only under the influence of her
medicine could she endure his touch.
She was determined to leave him but, before she
could summon the courage, Thomas fell ill.
He one day came home early from his work in an
ore mine and complained of severe stomach pain, a sore throat and
salivation. Soon after, he began to vomit. So severe was his pain
that Woolcock immediately called their doctor.
Over the next four weeks, Thomas would be
treated by three doctors. The first, Dr Bull, administered
a solution for Thomas’s throat and other medication containing a
third of a grain of mercury.
In just a few days under Dr Bull’s treatment,
Thomas became considerably worse.
So Woolcock called in Dr Dickie, who diagnosed
Thomas as suffering from gastric fever. The doctor prescribed some
Rhubarb tablets, which had virtually no effect.
Woolcock, fast losing hope, called upon Dr
Herbert, who quickly diagnosed and treated Thomas’s condition. The
patient improved rapidly.
Two weeks later, Thomas thanked Dr Herbert for
his service, and explained that, owing to hard times, he could not
afford any more consultations.
So Dr Dickie resumed care of Thomas over the
ensuing weeks. But Thomas’s gastric and intestinal irritation
persisted, despite his prescribed medication. Although not
overwhelmed by pain, he could hold nothing in his stomach except
small doses of the medication.
Thomas’s condition deteriorated, as did his
body. Woolcock became desperate. She faced not only the premature
death of her husband, but also severe withdrawal symptoms from her
medicine, which had completely run out. She had tried urgently to
secure more of the ingredients she needed, but a chemist refused
to supply her.
Neighbours and friends, who had gathered around
the dying Thomas, suggested Woolcock call Dr Bull again. Thomas,
in his weakened state, objected vehemently, saying: “I certainly
don’t want Dr Bull again, as it was his medicine that made me bad
in the first place.” Then, resigned to his death, he added: “I
fear he has killed me.”
At 3am on September 4, 1873, Thomas Woolcock
was pronounced dead. Dr Dickie declared the cause of death to be
pure exhaustion, and excessive and prolonged vomiting and purging.
Later that same morning, the doctor prepared to
fill out a death certificate, which he had intended to endorse as
“died from natural causes”.
But before he could put pen to paper, Thomas’s
cousin, Mrs Snell, called. She asked the doctor if he thought it
possible that her cousin’s illness was caused by something he had
eaten – or been given to eat.
Mrs Snell went on to bring the doctor in on the
latest town gossip. It was that Woolcock had many times tried to
buy poison from Opie’s Chemist Shop. And she had, but the
gossipmongers did not realize that that poison was morphia – the
key ingredient for Woolcock’s own medication. Nonetheless, just
about every one in town accused her of the murder of her husband.
Dr Dickie, to spare the young widow from the
malicious rumours, requested an inquest into Thomas’s death, which
he was sure gastric fever had caused. But his charitable gesture
went horribly wrong. The Coroner’s jury found the cause of death
to be mercury poisoning.
Woolcock was charged with her husband’s murder
and committed for trial.
A jury found her guilty after a three-day trial
and a 20-minute deliberation in December, 1873. The court
sentenced her to death by hanging in the Adelaide Gaol.
Fast-forward 131 years to May 22, 2004.
Elizabeth is given another chance at justice – a posthumous
retrial.
Old Adelaide Gaol staff, volunteer actors and
Flinders University law students arranged a mock trial, as part of
Law Week, to see what verdict a jury might deliver today.
Held annually, Law Week aims to promote greater
understanding of the law, and the legal profession and system.
To testify, in front of about 300 spectators,
witnesses– including Drs Bull and Dickie – took the stand. These
medicos, it was found, had possibly misdiagnosed the late Thomas
Woolcock’s condition. And inconsistencies in the case became
abundantly clear.
Woolcock was not permitted to testify.
After the re-enacted trial, the jurors were
dismissed and 12 new members were picked out of the audience. The
10 men and two women were seated in the jury box, while the law
students divided into two teams – one each for the defence and
prosecution – and prepared for a debate.
The defence team highlighted obvious holes in
the prosecution’s case. Most audience members were left horrified
by the sentence. The defence team found that:
Thomas’s symptoms were consistent with
tuberculosis, dysentery and typhoid (only typhoid was ruled out
in the autopsy).
The mercury found in Thomas’s body could
indeed have come from the medication prescribed by Dr Bull
(himself a known drug addict who, after the trial, was committed
to a psychiatric hospital where he committed suicide).
The jar in which Thomas’s organs were placed
during the autopsy had been left unsealed for 24 hours before
the examination.
It could not be proved beyond reasonable
doubt that Thomas had even died from mercury poisoning, let
alone that his wife had poisoned him.
The jury was left to consider the findings and,
within no time, had reached its verdict. For the wilful and
premeditated murder of Thomas Woolcock, Elizabeth Woolcock was
found not guilty.