Drink & Death – A Farmer Found With His Head Split Open – Wife’s Story

[The British Whig Nov 20 1880]

About eight o’clock this morning, Mrs. Navin visited the house of James Gault, a neighbor in Ernestown and told that her husband was dead. Gault, in company with two or three others, went to the house and found him lying dead on the floor with a large gash over the left temple. Both husband and wife were influenced by liquor. Mrs. Navin at a late hour last night went to Bath and procured a bottle of liquor. Her story is that about eleven o’clock last night, Navin was cutting some wood in the house and fell on his axe. She further states that she tried to give the alarm then, but did not succeed in getting any one up. The county Attorney was notified.

A second telegram says: Edward Navin was found dead this morning in his own house near Earnestown with his skull split open as if done with an axe. An inquest will be held. Navin lived in a farm owned by Fred Ham. He was Ham’s hired man, having a wife and four small children. This morning his wife went to the neighbors and informed them that her husband lay dead in the house and stated that he had fallen on the stove and thence on the axe and split his skull open. They proceeded to the house and found Navin lying on the floor on his face with his head split open as stated and quite dead. Man and wife had been drinking liquor during the night and are said to have a bad reputation. Ham has been trying to get rid of the family for the last six months. He is not implicated in the affair in any way.

A Curious Case – The Death of Edward Nevin [sic] Under Peculiar Circumstances – Coroner’s Inquiry.

[The British Whig Nov 22 1880 – 2^nd Article]

Saturday afternoon news reached us by telegraph that a man had been found dead at his house near Bath under peculiar circumstances. A WHIG reporter was detailed to ascertain the particulars. He reached the death scene about 5 o’clock in the afternoon and found the neighborhood considerably excited. Nevin’s house is built of logs and poorly furnished; it is situated at Lot 12, in the 2^nd concession of Ernesttown. Its’ one room is occupied for all purposes and its appearance does not indicate that the family of six have lived very comfortably. One of its most attractive features was a whiskey bottle, which prominently occupied a place upon the table. There are two beds, upon one of which the remains of the deceased father and husband were laid.

FAMILY HISTORY

Edward Nevin, about 37 years of age, was an industrious man. Ten years ago he married Eleanor Simpson, of Napanee and their offspring numbered four, a boy eight years of age and three girls of six, four and three years respectively. The youngest, when a year old, was taken ill. Inflammation settled in the eyes and permanent blindness followed. For about five years, Nevin lived at Mr. Henry Huffman’s. About a year ago he was secured by Mr. Frederick Ham as a farm hand. The family then moved into the house in which the death occurred.

THE WOMAN’S STATEMENT

Mrs. Navin says that on Friday afternoon, her husband started for Bath, some three and a half miles distant. He returned about six o’clock, slightly intoxicated and had a bottle of liquor in his breast pocket. After drinking he ate his supper and then, laying his head on the table, went to sleep. In an hour he awoke and ordered her to go to the village “for his bitters.” This she at first declined to do, but when he again ordered her to go she obeyed, being afraid of him, for he was very abusive and had often beaten her. Being very thinly clad in the cold air of Friday night, she nearly perished. She delivered the liquor to her husband and asked him to put on a fire, as she was freezing cold. After drinking a quantity of the whiskey, he attempted to split the only stick of wood in the house. He could not do so. Mrs. Nevin proceeded to saw the stick. After doing so her husband took the axe, requesting her while he split the wood to go to the barn and fetch up a rail to make the fire burn briskly. She left the house, but had not gone far when her boy rushed out and screamed, “Father has fell on the axe and is bleeding.” When she returned, she found her husband lying on the floor in a pool of blood which was pouring profusely from a wound in his head. She tried but failed to rouse him. After a time, he became cold and she then thought

LIFE WAS EXTINCT.

The accident, she says, occurred about 11 o’clock and during the long hours of the night she watched over the corpse. She says she sat at the stove and smoked her pipe. In the morning she alarmed some neighbours, but none would go near the house. Finally she went to Mr. Gault’s and that gentleman and others visited the house and found the body as described. It was picked up and placed on one of the beds. A Telegram as dispatched to County Attorney Reeve, at Napanee, by whom Coroner Cook was ordered to hold an inquest.

PATHETIC PLEADING

Mrs. Nevin is about thirty-five years of age. During our interview she rocked herself too and fro, giving every few moments a heavy sigh. She seemed to be greatly excited and when spoken to replied in a high key. Occasionally she glanced at the bed upon which her husband lay and sobbed “Poor Ed, my sweet husband,” and “Oh, Ed, are you dead?” During the afternoon she clasped his neck and somewhat dramatically begged him to return to her. The scene was affecting.

THE INQUEST OPENED

About four o’clock Chief of Police, Allen, of Napanee and Dr. Cook, Coroner, arrived at Nevin’s. They swore in Messrs. Scott and Henry, representatives of the Napanee papers, as special constables. They were ordered to empanel a jury. These drove to Bath, summoning the farmers along the route. The inquest was held in the death chamber. A big table was procured and the Coroner and the pressmen gathered around it. As they were only two or three chairs, our reporter had to turn up the family cradle and utilize it as a seat.

Considerable delay occurred on account of their being no bible in the house with which the jurymen could be sworn. One was procured from a neighbouring house and the proceedings were then begun.

The coroner addressed the jury relative to the duties that devolved upon them. It was necessary for the jury to carefully examine the body and for this purpose it was stripped and the wound in the head exposed and examined. The jurors then resumed their seats upon a plank placed across two chairs, having a trunk for a support in the middle.

Dr. R. Kennedy, of Bath, testified that he knew deceased for a number of years; that he bore a very fair character but had been addicted to drink. He had examined the body but found no marks of violence with the exception of an incised wound on the left temple about an inch in width. It did not penetrate through the skull. The injury had evidently been made by a blunt instrument. A little below the cut was a depression of the bone. There was no discoloration. The wound extended across the temple at right angles to the veins and blood vessels and here there was more hemorrhage than if the incision had been horizontal. Deceased had evidently bled profusely as he had a “bleached” appearance. It was stated as peculiar that the back of the body of the deceased was still warm, which would lead to the belief that deceased, previous to death, had been in a comatose condition. He (Dr. K.) would not be more definite as to the cause of [death] until a post mortem examination was made.

Allan Amey, one of the jury, was examined, but his statement was not material.

James Gault said he went to Mr. Navin’s house Saturday morning. He found the man in the condition previously described. Between the door and the stove there were on the floor traces of blood. He could not say that there was evidence of foul play.

Thos. Priest testified: Had known deceased, who was a civil man. He had seen him the worse of liquor, but he was quiet. He could not swear what caused death.

Henry Huffman heard that when the husband and wife were intoxicated they were very quarrelsome. He had Never seen them in such a state.

Dr. Kennedy was appointed to hold a post-mortem examination and the inquest was adjourned until Monday.

PITIABLE CONDITION

The widow during the inquest shivered with the cold and the children were in an equally unhappy condition. The woman stated that she had eaten nothing since Friday noon. She said she was in absolute want, and as her Edward was dead she supposed she and her children would have to starve. Her neighbors would give her no assistance. She had not a crust of bread in the house. Our reporter pressed a silver coin into her hand and several others followed his example and before the crowd departed a quantity of provisions was obtained.

After Navin returned from Bath with the bottle of whiskey, he remarked to his wife that it was the last he would ever buy. Was this not a premonition?

SERIOUS STATEMENT

John Stewart, the farm servant, who slept in the attic room of the hut, states that he frequently heard Mr. and Mrs. Nevin quarrelling and drink was always very plentiful in the hut. He had on more than one occasion heard Mrs. Nevin threaten to give her husband a clip on the ear and settle him when she was more or less intoxicated. He was not sleeping in the attic room on Friday night. He had been sent away by Mr. Ham to a neighbouring farm, where he stayed all night. His evidence will be taken this morning, as also that of the oldest boy.

THIS MORNING’S EVIDENCE

Bath, Nov. 22. – There is still considerable excitement here regarding the tragedy at Nevin’s. This morning the inquest was resumed. Mrs. Nevin, wife of deceased, gave her account of the occurrence. She claimed that deceased fell upon the axe. Her statement was very conflicting to that given the reporters. Her little son was examined, but he was unable to give any weighty evidence. Miss Ham testified that Mrs. Nevin had gone to their place and stated that her husband had first fallen upon the stove and was then dragged off an fell upon the axe. The clothing worn by the dead man showed spots of blood upon them. His oversmock had been cut away on the left side where the blood would have dropped. The piece could not be found. The inquest was adjourned, to resume at Bath. A post-mortem examination is going on.

Mrs. Nevin had been previously married and has a daughter by the first marriage about fifteen or sixteen years of age.

It is said that the axe shown the jury on Saturday was not the one above mentioned, but an old blunt one. The farm servant will swear to this. Whether this is of any importance or not remains to be seen., The theory was started that the axe might have caught in the ceiling and rebounded on to the deceased’s head when he was splitting the wood, but if so there would have necessarily been a mark in the ceiling where it struck, but on careful examination being made on Saturday, no such mark could be traced.

During the holding of the inquest, the bed upon which the body of Navin was reposing fell with a dull thud. Several persons were leaning upon the frail structure; and as it went down, the bereaved wife sprang up with a scream and enquired, “What’s the matter?” It required some time to pacify her. A special constable took charge of the body over Sunday. Yesterday there was a constant stream of visitors to and from the house.

Navin’s Relations

[The British Whig Nov 23 1880]

The neighbors of the man Navin, alleged to be murdered, knew little concerning him. To-day (Tuesday) an old gentleman told us that Navin’s father came to Canada form Ireland about 1837. He was unmarried and resided near Mr. John Armitage, in Ernesttown. In 1849, he married an emigrant woman, and a large family was the result of the union. The deceased was the second eldest of the family. Some years ago his father and mother, with a few of the children, removed to the United States, settling near Syracuse, N.Y. Edward Navin married Eleanor Simpson in Napanee and their sad chapter we have already published. The Navins were dissipated. The force of the saying, “like father like son,” has been exemplified.

Verdict of Murder – Mrs. Navin Arrested and Imprisoned for the Committal of the Felony

[The British Whig Nov 23 1880]

By daylight yesterday the house of the Navin family presented a more dismal appearance than on Saturday night. The garret of the log dwelling reached by a stair way from the outside was used by Ham’s. During Sunday, provisions were procured for the family. Mrs. Navin was more calm than previously. A few of her relatives were present and attended to household matters. The deceased still lay upon the bed in the south corner, his face betokening symptoms of mortification, accelerated by the heat of the room.

About 10:30 o’clock, it was found that all the jurymen had arrived and the inquest was therefore resumed by Coroner Cook.

THE WIFE’S STATEMENT

Mrs. Navin was called and appeared to be very nervous as her voice trembled as she spoke of the tragedy. She was not sworn. The Coroner warned her that she need give no evidence of a criminatory character. As Dr. Cook made this remark she gave a slight start. She said she did not understand him. He told her again that she could refuse to answer any questions which would lead her into difficulty. She said her name was Eleanor Navin. She was the wife of the deceased. Her husband went to Bath on Friday forenoon last and returned home about 2:30 p.m. He was intoxicated and had a three-half pint bottle of whiskey with him. He drank what he wanted in the house and then asked her to get him some dinner. She did so. She and the deceased drank the remainder of the liquor in the bottle and deceased then asked her to go to Bath for another supply. She did as he desired her. It was after dark. She got the liquor at McBride’s in Bath, paying 25c for it. She started for home, getting a ride as far as the corner of the road which leads past her house. She reached the house about 10 o’clock being very cold. There was no fire in the house. Her husband was lying on the bed and she asked him to get up and put on a fire. He did so, but was hardly able to stand. She went outside and brought in a cedar post. Her husband tried to shave off some kindling wood but could not. She then sawed the post and took the axe to split it. Her husband said, “Give me the axe and I’ll split it; you go down and bring up a piece of a stick from the barn.” An axe was here produced and Mrs. Navin recognized it as the one which deceased had and by which the wound was inflicted. She was asked whether there was another axe. She said there was an old one in the manger. Constable Johnson went out and brought it in. the clothing worn by deceased at the time of death was also produced. The overalls were first examined and on the front were many spots of blood. The smock was like wise bloody. The sleeve had been ripped up to get it off. Mrs. Navin continuing, said she went out for the second stick about 11 p.m. She had not reached the spot where the wood lay when her son hallooed to her, “Pa has fell.” She went back and found deceased lying on the floor. She spoke to him but he did not reply. She turned him over and saw blood on the floor and wiped it up with a rag. She then went to Mr. Wyskin’s for help but Mrs. Wyskin said Mr. Wyskin “was not in.” She went back to her home and remained there until the morning. She then went over to Mr. Ham’s and asked if he was in. Mrs. Ham said “yes.” Witness told Mrs. Ham that Ed had fallen and killed himself, and she wanted to know if Mr. Ham would not come over and pick him up. Mrs. Ham said in reply “no, go to Lloyd’s and get them.” She went to Lloyd’s but Mr. Lloyd did not come until late. Mr. Jas. Gault and other men came about ten o’clock but they did not touch deceased. The axe, which cut deceased, was lying about a foot from his head. He was splitting wood when she went out. The post showed where it had been struck once. Her husband was very drunk. They had had no particular quarrels, once in a while they had some little spats. The balance of the liquor in the bottle she had given away.

To the Jury – No one came home with me from Bath. My brother-in-law helped me to change deceased’s pants. There was no dispute in the house on my return from Bath. Whenever he wanted me go any place, I had to do so. He left home on Monday and remained away until Friday. He went to Town’s to husk corn. About three weeks ago he said he was going to clear out, but he returned. I never threatened him.

This concluded her evidence and she was asked to go over to Mr. Gage’s while the remaining evidence was heard.

A CHILD WITNESS

Navin’s little son was called. AS he faced the Coroner, he presented quite a bright face. His eyes wandered from one strange face to another, and he appeared not to be able to comprehend whey so many were present, or what they did. He spoke quickly and very loud.

Coroner – What’s your age?

Boy – I don’t know. (As he said this he played with his little sister who was standing beside him.)

What’s your name?

Alexander.

Do you go to school?

No, not yet.

Do you know what telling the truth is?

The lad nodded.

If you tell a lie what will become of you?

I don’t know what would become of me.

You know little boys will be punished if they tell a lie?

I never tell lies. I never heard of any boys being punished.

God punishes little boys for telling lies. Don’t you know that?

The lad replied quite sharply, “Course I do!”

Being further questioned he said he saw his pa on Friday. He saw him fall on the axe and cut himself. He ran out and told his ma. He did not see what his ma did, for he had to go to Wyskin’s and Lloyd’s “in his bare feet.” To get them to come over. Will Smith came in the morning and turned pa over. When his ma turned his pa over after the accident she wiped up the blood.

Coroner – What did your ma do then?

Boy – She cried.

The volubility with which the boy rattled along showed that he had been somewhat schooled for the occasion. In this opinion all present agreed.

Miss Mai Ham said that deceased had lived on their property a year. She had heard that the Navins were not of good character, but they were highly recommended. She saw deceased about two weeks ago for the last time. Mrs. Navin went to her brother’s about 7:30 a.m. on Saturday and said, “Ed has fallen on the stove and I dragged him off and then he fell on the axe.” Mrs. Ham said, “Don’t come to us, but go those you associate with.” Mrs. Navin then went off. Witness had been upstairs in deceased’s house and heard persons below using indecent language. From this she inferred that the family were not of good repute. The upper part of the house was used by her brother as a sleeping apartment for one of his hands. Had heard Mrs. Navin use very bad language. Never heard Mrs. Navin abuse her husband further than to talk to him crossly. Mrs. Navin was also at her brother’s house about 1:25 o’clock on Saturday. It was a common occurrence whenever there was a spree at Navin’s for Mrs. Navin to go to Ham’s. Witness arose and went to the door to see what was the matter with Mrs. Navin, but she had gone.

As it was necessary to hold the post-mortem examination in the house an adjournment took place, to resume in Bath.

AFTERNOON PROCEEDINGS

At 2:30 o’clock the jurymen assembled in the Bath Town Hall. The first witness called was Mr. R. Gage, who had known deceased to be an industrious and quiet man, but knew nothing of his death.

Thomas Wyskin testified that deceased was a quiet, industrious and honest man. Saw deceased on Friday afternoon. Mrs. Navin came to me on Saturday about 1:30 a.m. making a great noise by rattling at his door. He finally heard her say “Good Lord, Ed is dead.” Witness believed her to be drunk, took no notice of her actions, but seeing her pass the window bareheaded he opened the door. Mrs. Navin fell in the yard. He asked, “What’s the matter?” She said “Ed is dead.” Witness asked how it happened. She said she didn’t know. She then went home, but witness did not follow her.

CRIMINATORY TESTIMONY

John Steward knew Navin seven months. He slept in Mr. Navin’s part of the house over that in which Navin lived. He was in Navin’s house on two occasions when violent language was used. Mrs. Navin wsa the most violent. About three weeks ago he heard her threaten to take her husband’s life. Deceased left the house in consequence of her abuse of him. Mrs. Navin said “she would kill him (meaning her husband) if she ever got the chance.” Mrs. Navin’s brother was in the house at the time and Mr. Navin said, “There is your own brother and he has heard what you have said, and the threats used towards me. I’d better be going.” Deceased then took his gun, ammunition, square, drawing knife and axe and started away about midnight. Deceased remained away a few days. He was very jealous minded and when he returned, asked, “Who’s been here?” Mrs. Navin said, “Not a soul.” About six weeks ago deceased was confined to his house with a sore leg. Mrs. Navin told witness that she had “twice knocked him (during the illness) till he rolled like a pumpkin.” While witness slept in the upper part of the house he was frequently annoyed by visitors to Navin’s, principally when deceased was away from home. Drinking, dancing, swearing and vulgar language were indulged in. Witness thought Navin’s a house of bad repute. He inferred this from what he knew to be going on. On one occasion while he was sleeping upstairs three men entered the apartment below and they acted so that Mrs. Navin told them to be quiet as there was a man sleeping above and he would tell everything. One man said, “Let’s get some hounds and hound him out.” He had seen Mrs. Navin often drunk. On Friday night witness was away at Mr. N. Ham’s.

Mr. N. Ham, D. McBride and Riley Lloyd were examined bit threw no light on the case.

“HAVING HIS HEART’S BLOOD.”

William Smith, a distant relative, said he had heard quarrels in Navin’s family. He was there one evening when Navin came home, and Mrs. Navin went to a drawer, took out the butcher knife and said she “would have his heart’s blood.” Witness’s wife prevented Mrs. Navin from carrying out the threat. Mrs. Navin was drunk. This was the only time such a scene occurred. When Mrs. Navin was intoxicated he considered her dangerous. A month ago deceased went to witness’s about midnight and said he had been driven out of his house and that his brother-in-law and his wife had threatened to kill him. Deceased also said that some weeks before he had been laid out on the floor by a blow from a wooden bar. Deceased had a black eye afterwards.

CORROBORATIVE EVIDENCE

Geo. Daly recounted the facts attending his visit to the house on Saturday morning. His evidence corroborated Mr. Gault’s.

William Johnson was called but the most important thing he said was that he had seen Mrs. Navin drunk frequently.

POST MORTEM STATEMENT

Dr. Bristol, of Napanee, read the post mortem examination. After referring to the body, he said that on the forehead about two inches above the left eye there was a wound a little over an inch long, extending upwards, apparently having been made by a rounded, sharp instrument, similar to the corner of an axe. In the centre this would extended through all the coverings of the skull. About an inch above this cut there was another contused wound, an inch or more long, extending through the scalp, evidently done with a heavy blunt instrument and with considerable force. Sufficient, I should think, to knock a man down. About midway between the injuries described and two inches below there appeared, from external examination, to be a depression of the skull. On removing the scalp and other coverings there was found a contused mass of blood and flesh between the scalp and the bone immediately under the last described injury. On removing this mass carefully down to the bone there was found a fracture of the skull extending from the upper part of the temporal bone into the frontal bone some two inches towards the outer-angle of the frontal bone, and also another, starting from the one just described extending upwards nearly half an inch, then upwards and backwards towards the centre of the head some three inches, so that the outer ends of fracture were an inch apart. A small piece of bone at the apex of this fracture come out on removing the periosteum, leaving the brain exposed. On removing the calivarium on top of the skull the brain was found covered with blood. This blood was found between nearly all the convolutions of the brain. There was no blood found in the ventricles or substance of the brain. There was some blood at the base of the brain. I examined the heart and pleural cavities and abdominal organs and found all in healthy condition. I am of the opinion that deceased came to his death from a fracture of the skull, and the said fracture was caused by a blow with a blunt heavy instrument in the hands of some other party, and that the immediate cause of death was compression produced by the effusion of blood on the brain.

To the Coroner – I infer that there must have been more than one blow. The flesh was greatly “pumiced.” The cut did not bleed much. The blow on the head must have knocked the man down, but not produced death, after he got the third clip he could not have again stirred.

This concluded the examination. The hall was immediately cleared, the jury only being allowed to remain. They consulted together for about an hour and finally rendered the following verdict: “That Edwin Navin came to his death on the 19^th instant last, on the 2^nd concession of Ernesttown, county of Lennox and Addington, from injuries inflicted by the hands of his wife, Eleanor Navin.

The verdict was a unanimous one.

MRS. NAVIN’S ARREST

Constable Storms was ordered to arrest the alleged murderess. She will now be tried before a magistrate.

The township officials will be required to bury the body of the murdered man.

Dr. Bristol subsequently said to a reporter that the fractures on deceased head nearly described a parallelogram with a broader side at the top of the head. The base of the fracture would spring when pressed. He had seldom beheld such a sight as this wound presented. He produced a small piece of the temporal bone, about the size of a five cent piece, which had been taken from the brain in which it was imbedded. The Doctor was asked if a fall on the stove or floor could have produced the fracture of the skull. He answered, “most undoubtedly not.” Nothing but a severe blow from an axe or hammer could have made the wound inflicted. The Doctor’s report created quite a sensation.

CONDUCT OF THE MURDERER

After the inquest, P.C. Storms of Napanee, with the Coroner’s warrant, proceeded to Navin’s hut and arrested Mrs. Navin. She seemed greatly astonished. She was sitting on the floor beside the stove, and when the policeman’s errand was made known she leapt to her feet and paced the floor weeping and wringing her hands and it was ten minutes before she could be got ready to leave. She kissed the children, who were left with the brother of the prisoner, Levi Simpson, the corpse of the father mangled and carved as left by the surgeon, after the post-mortem lying on the table. Some feeling is manifested against the local authorities, who have neglected so far it seems, to provide for the removal of the children from the humble surroundings of the scene of the murder. Mrs. Navin kept up a wail all the way to Napanee and strongly protested her innocence.

Napanee Case

[The British Whig Nov 24 1880]

Navin’s remains were interred in the Lutheran churchyard, near Hamburg, yesterday afternoon. James Simpson, brother of Mrs. Navin, says he intends taking deceased’s children with him to Switzerville. Mrs. Navin is lodged in gaol.

Visited in Gaol

A Talk With Mrs. Navin in Custody Charged With Murder

[Weekly British Whig Mar 10 1881]

On Monday morning a visit was made by a WHIG representative to the Napanee gaol, where he saw Mrs. Navin, committed on the charge of having murdered her husband. Mrs. Aishton, the matron, acted as guide. Standing beside a table was Mrs. Navin engaged in knitting. She looked in better health and feeling than when seen in the dirty hut at the time of the inquest. Her hollow cheeks had filled out, while the bleached complexion had given way to a rosier one. Her eyes retained that weary look which always impresses a person on first sight. She recognized her visitor and a conversation of a general character ensued. She said that her life in the gaol was a lonely one. She was treated kindly by those in charge. Our reporter learned that for some time after her incarceration she frequently gave way to bitter crying spells. She would scream and cry in a piteous manner. Latterly her grief has not been so demonstrative. Two of her children have visited her in gaol – her eldest boy and the little blind infant. The latter is in the keeping of the woman’s brother, Lewis Simpson, of Napanee. The two eldest children have been adopted by persons in Newburgh, the mother signing the papers to give possession of them a few days ago. Chief Allen, of Napanee, is working up the case. He claims to have very important evidence. The little boy tells a story, he says, of a very different character to that given at the inquest. The mother still protests her innocence. The case will be tried at the Assizes in Napanee, opening on the 18^th of April, Judge Osier presiding. The Crown Attorney, Mr. W. A. Reeve, will prosecute and Mr. J.H. Madden, of Deroche & Madden, will defend.

Napanee Assizes

End of the Navin Case – A Result Which Gives Genial Satisfaction

[Weekly British Whig Apr 28 1881]

The Navin murder trial began this morning. As early as 9 o’clock the court room was well filled with spectators and auditors. Mrs. Navin, the accused murderess, was placed in the dock. She looked calm and unconcerned at first, but a look of anxiety gathered on her face as the formalities for opening the court went on. She presents a personal appearance far different from that at the time of the inquest. Instead of the grimy pallor of her sunken face, bearing traces of a recent debauch that ended in the death of her husband, her face looked plump and healthy; instead of the slatternly garments garnishing her gaunt figure a neat black dress was covered by a plain woolen shawl; a tidy collar of frilling surrounded her neck, fastened in front with a gilt broach; her head was covered with a black straw hat trimmed with black satin and ostrich tips; in her hands she held her handkerchief, which she kept nervously squeezing. The jury was called, five being objected to.

COMPOSITION OF THE JURY

The following gentlemen were sworn; Peter Williams, Camden; Ira Amey, Camden; Jno. Clark, North Fredericksburgh; Hugh Saul, Camden; W. Wager, Camden; Thos. Empay, Napanee; Wm. Stratton, Adolphustown; Walter Exley, Napanee; Jno. White, South Fredericksburgh; Stephen Switzer, Camden; Wm. Chapman, North Fredericksburgh; and David Young, South Fredericksburgh.

CROWN COUNSEL’S ADDRESS

Mr. B.M. Britton, for the Crown, impartially, clearly and concisely placed the case before the jury. He said that murder was the most serious crime known in the land and was much more shameful when a husband was the victim in the hands of his wife. He pointed out how the husband was found dead in his house and that Mrs. Navin related varying stories of the cause to different neighbors, and how a post mortem examination revealed wounds that Dr. Bristol had thought fatal. (While Mr. Britton was describing the nature and effects of the different wounds, Mrs. Navin hung her head and hectic spots flamed on her cheeks.) The question arose; were these wounds accidental or was the unfortunate prisoner connected with them? The learned gentleman before taking his seat said he wished to say something that he thought did not belong to the case. He thought it his duty to refer to facts surrounding this tragedy were a disgrace to the authorities of Ernesttown – the slovenly disposition of the body, the leaving of the children with the corpse of the murdered father during the night. Mr. Britton concluded an able and dispassionate address by saying that the violent death of a humble individual like Edward Navin called for as strict a calling to account by the laws as that of the Prime Minister of England.

RESUME OF EVIDENCE

The first witness called was Thomas Whiskin, who testified, describing the premises, his knowledge of the Navin family and the industrious hard working habits of Navin. He saw deceased the day of this death, in the afternoon, going towards home with two or three paper parcels. He was apparently sober and appeared to be in his usual health. That was the last time he saw him alive. The prisoner came to his house at 1 o’clock in the morning. She said, “Good Lord, Ed’s dead.” As she turned to speak to witness she fell down and her little boy, Alexander, helped her up. When he asked her how it took place she said she did not know.

To the counsel for prisoner witness said the ceiling of the hut was so low that an axe used by the deceased might strike the ceiling.

PRISONER’S STATEMENT RECALLED

Jas. Galt had known the prisoner and family for ten months. Prisoner came to his barn at 7 a.m. alone and told him that he was dead. She said he had fallen on the axe and killed himself. Witness was the first stranger that entered the house. There was only one door to the room that composed the hut. The body of Navin lay on the back with his head towards the door and one foot under the damper of the stove. He saw blood on the floor near the body. There were marks of considerable blood that had been cleared up.

To the defence he stated that he saw sawdust on the floor as if from sawing wood.

BURIAL OF DECEASED

Allen Amey knew the prisoner and her late husband by sight. He went to the house on Saturday morning; found the deceased on the floor on his back, dead, with his head towards the stove. He saw a cut on the side of his head. The prisoner was making a great fuss. She said that she had cleared up some of the blood.

To the counsel for the defence witness stated that he helped Johnson to bury Navin’s body in the Lutheran burying ground in the lower part of the south side of the grounds. The coffin was made of rough boards (Here Mrs. Navin burst into tears and seemed deeply affected) taken from the fence of the farm where Navin worked. There were letters of an advertisement on the boards. Didn’t know how deep the body was buried. The ceiling of Navin’s house was low. The prisoner said she went to Bath and got him liquor. She said that he fell or struck himself with the axe while splitting wood.

ALLEGED FALL ON THE STOVE

May Ham knew the prisoner, who lived on a place owned by her and her brother was often at the house where they had things stored in a loft that had communication with the lower part of the hut. While there witness had heard the prisoner swear at the children and had seen the prisoner when she thought she was drunk. On Saturday morning prisoner went to witness’ home and said that Ed was dead; he had fallen on the stove in one of his drunken frolics, that she had dragged him off and that he had fallen on the axe. Witness was sure that was what prisoner said to witness.

To counsel for defence – Was certain that these were the words she used, though the witness did not say so at the inquest because she was not asked.

UNLUCKY WHISKEY BOTTLE

Geo. Diley gave much the same evidence, corroborative, with the addition that Mrs. Navin pointed out the whiskey bottle as an unlucky one for them.

Dr. Cook, coroner, who held the inquest on November 20^th said Mrs. Navin made a statement which, he cautioned her, might be used against her. He ordered Dr. Bristol to make the post-mortem examination. He did not examine the body closely and gave no directions as to the burial of the body.

Wm. Johns was in the house at the inquest, but his evidence threw no light in the case. He helped to fix the body. As the doctors left it, the top of the skull was off and was not in the coffin.

Jerry Storms produced the axes and clothes of the deceased, which had been left in his charge.

BOY’S EVIDENCE REJECTED

Dr. Bristol made a post mortem examination at Navin’s hut. He described three wounds, one of which was caused by a blunt instrument. In his opinion it was the cause of deceased’s death and could not have been produced by an axe in his own hands. It required a strong blow to fracture the skull where Navin’s was broken.

Dr. Kennedy stated that he had examined the body superficially and found a fracture. He did not think the fracture on Navin’s skull could be produced by an axe. The thought the blow was more likely produced by a fall. He might have got several bruises in falling at the same time.

Walter Clark swore that the prisoner once told him of a quarrel she had with her husband and that if she had had a knife she would have stabbed him and would like to poison him.

James Allen testified that the prisoner had told him that her husband had been struck by the axe. She produced an old axe and after another axe was spoken of she produced it. He thought she had been drinking and did not attach so much importance to what she said as if she had been sober.

CIRCUMSTANTIAL EVIDENCE

W.C. Scott said the prisoner had told him that her husband had fallen on the axe and killed himself. He saw no marks on the low ceiling of the hut on Saturday, but found a mark as though made with the head of an axe. She told him she had gone out to get some wood and on her return she found him dead.

R.S. Henry said that prisoner told him that Navin fell on the axe and killed himself. He thought from her story that the axe had hit the ceiling and glanced to her head, but witness, on examination, saw no marks. This was on Saturday.

To the counsel for the defence – A slight thing will change the direction of an axe, as I know from experience.

A FRIEND’S TESTIMONY

David Franklin had known Mrs. Navin from girlhood. On one occasion he had heard prisoner call Navin a liar. He got up and struck her. She picked up a bar used to fasten the door and struck him across the head with it. Then they shook hands and made friends; both had been drinking.

Richard Gage knew Navin and had heard them quarrel.

WITNESSES FOR THE DEFENCE

John Graham had been employed to search the grave in which Navin was laid, found some clothing and no body but the top part of the skull; had it with him. The coffin was made of old fence boards with advertisements on them.

Alfred Grange, a medical student, deposed that there was a body in Queen’s College and supposed it to be Navin’s. The upper part of the head was wanting.

IMPORTANT MEDICAL STATEMENT

Dr. Sullivan, Professor of Surgery in the Royal College of Physicians and Surgeons, Kingston, had seen the body said to be Navin’s. He noticed that the skull was very thin and unusually brittle. He had never seen so thin a skull. Such a wound as that found on the skull would be made by the back of an axe.

Dr. McGurn endorsed the evidence of Dr. Sullivan as to the abnormal thinness and brittleness of Navin’s skull.

Dr. Ruttan said that the skull was as thin as that of a girl 16 years old. The corner of a stove would produce the fracture in Navin’s skull.

Dr. Cowan said the skull was uncommonly thin and that a blow struck by an axe in the hands of another party would make a large fracture than the one disclosed.

Dr. Leonard had seen the skull since it was fractured. He thought it uncommonly thin. A blow of an axe would have made a larger fracture.

Dr. Ward had examined the skull. It was very thin. The fracture might have been made by falling. A blow meant to kill would cause a larger fracture. He thought the kind of wound described in Dr. Bristol’s evidence would be produced by a direct blow.

ADDRESSING THE JURY

The evidence for the defence being all in Mr. Deroche (of Deroche & Madden, who both had kindly volunteered to defend the prisoner) in an able and eloquent speech of about 45 minutes addressed the jury on behalf of the unfortunate woman.

Mr. B.M. Britton followed and clearly set forth the facts on behalf of the Crown.

THE JUDGE’S REVIEW

His lordship reviewed the evidence with great impartiality. His lordship, Mr. Britton and Mr. Deroche, in the course of their remarks, said they had never heard of so much inhumanity as was shown by the neighbors of Navin in all the circumstances connected with the case.

At 6.10 the case was given to the jury who retired but came in in about fifteen minutes with the

VERDICT OF “NOT GUILTY”

His lordship intimated to the jury that he approved of the verdict they had arrived at.

ADVICE FROM THE BENCH

In discharging the prisoner, the Judge cautioned her and urged her to forsake the drinking habits that had brought her into such peril and had indirectly made her a widow.

Of course, Eleanor Navin was at once set at liberty and she struck out in the direction of her old home and when last seen was ascending Roblin’s Hill, south of the town, on the York road..

Further Information

[Daily British Whig Apr 28 1881]

Eleanor Navin, two hours after her release from the custody of the Napanee officials, joined a drinking party who, says the Standard, enacted scenes of a diabolical nature.

[Weekly British Whig Nov 3 1881]

Eleanor Navin, wife of the man who met his death in a mysterious way in Ernesttown last year, is now living in Napanee and her house is said to be the resort of very bad characters.