Inquest into fatal accident

Was the horse guilty?

Horse and Spring cart, approx 1890. https://collections.slsa.sa.gov.au/resource/B+42348

David O'Leary, a brother of great grandmother Honora (O'Leary) Horgan, had celebrated his marriage to Mary Johanna Bannon in St Patrick's Church in Adelaide in 1874 and by 1878 they were living near Stockport, South Australia, with their two small children, Andrew Joseph and Anne Catherine later known as "Cissie."

The cart in the picture above may have been similar to the one that Mary Johanna took to do her shopping on that fateful day in May of 1878. On returning home she lost control. She must have suffered in great pain from her injuries for the five hours leading up to her death.

An inquest into the accident was held the next day, as reported here in the South Australian Register.

FATAL ACCIDENT— On Thursday, May 2, Mr. Jas. Elliott, J.P., held an inquest at Stockport on the body of Mary Johannah O'Leary, who died from the effects of a vehicle accident on the previous day. Mr. J. H. Williams acted as Foreman. 

Henry L. Tuck, Baptist Minister, stated that about 10 o'clock on Tuesday morning he saw the deceased pass his house in a spring-cart. About half-past 11 hearing a vehicle approach, and thinking it was a friend coming to his house, he sent one of his children to see. She came running into the room and exclaimed

 "It's Mrs. O'Leary, and she has upset her cart and is lying on the ground."

He immediately ran out and found the horse plunging in the shafts. He sought to assist Mrs. O'Leary, who was lying insensible within three or four feet of the point of the shafts. He tried to get her out of the reach of the cart in case the horse should again plunge. He drew her back, and she then appeared to become conscious and said 'I am dying.' 

Mrs. Tuck and the children assisted, and deceased was taken into the house. Immediately telegraphed for Dr. Renner, who arrived about 3 o'clock. There was a cornerpost near where the accident happened. The earth was raised round it, and it appeared as if the cartwheel had mounted to the top of the post, which was about 3 feet high. He knew the horse to be a quiet one, and Mrs. O'Leary to be of temperate habits. Felt sure the cart did not fall on her, but the horse was plunging in dangerous proximity to her. 

Dr. Renner deposed to attending deceased from Kapunda. He found that a number of her ribs were broken to pieces. Her face was very black, and he at once concluded that her left lung was lacerated by the broken ribs, and that a quantity of blood was in the cavity of the chest. She died about 5 o'clock without stating anything as to the cause of the accident. Judged from appearances that the horse had trodden on deceased's side. Death resulted from the injuries. 

David O'Leary, farmer, Stockport, husband of deceased, said on seeing her after the accident, she said she was afraid that in turning the corner she pulled the wrong rein. She was about 30 years of age, and he was quite satisfied that the mishap was purely accidental. The Jury returned a verdict that deceased died from injuries received through the capsizing of a cart. (1)

Conflicting dates

Immigration:

Johanna Bannon arrived in South Australia in 1866 aboard the "Charlotte Gladstone." She was listed as age 24, a teacher from Tipperary. 

Baptism:

A baptism record on the 9 March 1841 in the Roscrea parish of Tipperary has Johanna's parents listed as Dan Bannon and Ann Fogarty. This would imply that Johanna had just turned 25 when she boarded the "Charlotte Gladstone" in March of 1866. She would have indeed been 24 when the proposed list for embarkment was prepared.

Marriage:

Although she listed her age as 24 in 1874 when she married, it is more likely that she was 33. Her father on her marriage record is listed as Daniel Bannon.

Her husband David has listed his age on the marriage record as 27, but as he was born in South Australia in 1843 that also was incorrect. He was 31. 

Occupation:

In  husband David's obituary in 1937 there is reference to his wife as having "conducted a Catholic school after her arrival in South Australia, first at Salisbury and later on in Adelaide"(2).

In her son Andrew's obituary in 1941 there is also a referral to her appointment as a teacher shortly after her arrival in 1866.

 His mother, formerly Miss Mary Johanna Bannon, was born in Roscrea, Co. Tipperary, Ireland, and received an excellent education at the local convent school, which fitted her admirably for the position she had to undertake on her arrival in South, Australia, where she was appointed by the V. Rev. M. Ryan, V.G., as teacher in charge of the Salisbury Catholic school in about 1867. (3)

Death:

The tombstone lists her as 30 years of age, but the death registration lists her age as 32. A confusion of ages indeed, but her listing on immigration as a 24 year old teacher and subsequent reference to it in the two obituaries implies that her age at death was more likely to have been 37. 

A confusion of ages indeed!

1. 1878 'CONSTITUTIONAL CHANGES IN GERMANY.', South Australian Register (Adelaide, SA : 1839 - 1900), 6 May, p. 5. , viewed 02 Nov 2021, http://nla.gov.au/nla.news-article42996239

2. 1937 'OBITUARY', Southern Cross (Adelaide, SA : 1889 - 1954), 15 October, p. 10. , viewed 27 Sep 2023, http://nla.gov.au/nla.news-article167703748

3. 1941 'Mr. A. J. O'Leary, late of Salisbury.', Southern Cross (Adelaide, SA : 1889 - 1954), 24 October, p. 11. , viewed 27 Sep 2023, http://nla.gov.au/nla.news-article167771778

This post first appeared on earlieryears.blogspot.com by CRGalvin