The deaths of Mary Boland and Elizabeth Murphy

On Monday, 29 March 1875, two women died within hours of one another at the same house in Back Forest, near Shoalhaven. Mary Boland was found dead in her home early that morning. Later, her neighbour Elizabeth Murphy suffered violent convulsions and died after drinking rum from a bottle in the Boland house.

The deaths led to two inquests, the arrest of Elizabeth’s husband, James Murphy, and two murder trials at Sydney’s Central Criminal Court. Despite the suspicions surrounding a purchase of strychnine and the discovery of that poison in the bottle, Murphy was acquitted twice.

The surviving reports tell a compelling story, but they also contain inconsistencies. Names vary between newspapers, some accounts were copied from other publications, and the evidence did not conclusively establish who put the poison in the rum.

The events of Sunday, 28 March

James Murphy was a carpenter or settler living at Back Forest with his wife, Elizabeth. The Murphys were neighbours of Mary Boland and her son James Boland.

On Saturday, 27 March, James visited John M‘Arthur’s store at Greenhills or Terrara and bought sixpence worth of strychnine—approximately ten grains. M‘Arthur said James told him that he wanted it to kill rats or other vermin. The poison was wrapped in three layers of paper, two labelled “strychnine, deadly poison”, and the sale was entered in the shopkeeper’s book. Another storekeeper, James Stanbury, testified that Murphy had first approached him seeking poison but had been directed elsewhere. Stanbury also recalled Murphy making disparaging remarks about his wife, including that he wished to “dispose” of her cheaply. Murphy was said to have been sober when he sought the poison. [S1; S5]

James spent Saturday night at a public house. John Weller, the licensee or attendant, said Murphy had rum and gin and left through a window early the following morning with a bottle of rum. [S5]

On Sunday morning James was found drunk on the road near the Boland home. Tom or Tim Connolly picked up a bundle beside him. The bundle was taken to the Boland house and found to contain bottles of gin and rum. John Alexander, also known as “Scotch Jack”, accompanied Murphy for part of the journey. [S1; S5]

Inside the Boland house, Murphy, Alexander and James Boland drank from the bottles. James Boland testified that he later saw Murphy place a small piece of paper in the fire. When Boland warned that it might be a receipt, Murphy reportedly answered, “No, it is nothing.” Boland thought Murphy appeared anxious to ensure that the paper burned. [S1; S5]

Mary Boland went to fetch Elizabeth Murphy, who returned with her and took her husband home. The rum bottle remained at the Boland house. James Boland said Murphy left it for his mother, with about two glasses remaining. Mary placed it in her bedroom. Witnesses differed about exactly who drank from the bottle on Sunday, but none of those who drank then was reported to have been poisoned. [S5; S9]

This became important at the trials. Government Analyst Charles Watt explained that crystalline strychnine dissolves slowly in rum. People might drink from a recently contaminated bottle without immediately ingesting a fatal quantity, while rum left standing overnight could become dangerously poisonous. [S5; S7; S9]

Mary Boland’s death

Mary Boland, described as approximately 65 years old and normally active and healthy, rose at her usual time on Monday morning.

Margaret Courtney visited at about eight o’clock. According to Courtney, Mary brought out the black rum bottle and offered her a drink. Courtney declined. Mary then drank the rum herself and remarked that it tasted like tobacco. Courtney said Mary had referred to it as the drink James had left the previous day. [S1]

Mary became ill and was dead within approximately half an hour. James Boland found his mother sitting on the kitchen floor with her back against the sofa, her legs extended and her head tilted slightly backwards. She was still warm. He found no sign of physical violence. [S1]

Some later trial reports described Mary as foaming at the mouth, bending almost double and suffering convulsions. These details appear principally in the Crown’s narrative and syndicated trial summaries; the earliest inquest evidence was less definite because no witness described the complete course of her fatal attack. [S1; S7]

Elizabeth Murphy’s death

After Mary’s death, a message was sent to Elizabeth Murphy. She came to the house, helped wash and lay out Mary’s body, and performed other household work.

Witnesses said Elizabeth was initially in good health. Margaret Condon and Margaret Courtney described her finding the rum bottle in or near Mary’s bedroom. She poured some rum into a cup and drank it, despite being advised not to do so. One report said Elizabeth explained that it was the drink her husband had left for Mary. [S5; S9]

Soon afterwards, Elizabeth screamed and went into a violent convulsion. George Willett and William Murray described her limbs and body becoming rigid, her head bending backwards and her teeth clenching so tightly that those assisting her had to force them apart with a spoon to administer brandy. She briefly recovered and reportedly said she had been well until she drank from the bottle. She asked for “Jemmy”, her husband, before suffering a second convulsion and dying. [S1]

John Willett found the bottle outside the house, near or beneath a stool. He sealed it and gave it to Senior Constable Thomas Grieves. [S1; S9]

For a time, the bodies of both Mary Boland and Elizabeth Murphy lay in the Boland house together. [S1]

The inquests

District Coroner Thomas Morton Richards conducted the inquests at the Numba Court House.

Dr James Stephen Reid performed the first post-mortem examinations. He said the symptoms described in Elizabeth’s case were consistent with strychnine poisoning. Her stomach was removed, placed in a jar and handed to Constable William Board.

The jury returned a finding that Elizabeth died from taking strychnine and expressed the opinion that James Murphy had administered it. [S1; S2]

Mary’s inquest produced a more cautious conclusion. Dr Reid found nothing during his initial examination that accounted for her death. The jury found that she had been discovered dead on her floor but that there was no evidence before it establishing the cause. [S1; S2]

The bodies were subsequently exhumed for further examination, and portions were sent to Sydney for analysis. [S4]

The New South Wales Police Gazette reported that Senior Constable Grieve had arrested James Murphy for administering poison to Elizabeth and that he had been committed for trial at the Central Criminal Court. It also recorded the suspicion that Mary had died after drinking rum containing strychnine placed there by Murphy. This was an allegation, not a judicial finding. [S3]

The physical and scientific evidence

Several pieces of evidence formed the case against Murphy:

• He bought approximately ten grains of strychnine two days before the deaths.
• He was seen with the rum bottle at the Boland house.
• James Boland saw him burn a small piece of paper.
• Murphy initially gave equivocal or negative answers when asked whether he had bought poison.
• He later handed police a packet that he said contained the remainder of his purchase.
• M‘Arthur said the packet and its wrapping were not those he had supplied.
• Charles Watt found that the packet principally contained sugar and calomel, with a small quantity of arsenic, rather than the purchased strychnine.
• Watt found approximately two grains of strychnine in the recovered bottle. [S5; S9]

The examination of the women’s remains was much less decisive. Watt said the stomachs had been received empty or inadequately secured. His tests produced no result on which he could confidently rely. Dr Reid had not analysed the stomach contents, and the defence challenged the completeness of the post-mortem examinations. [S5; S9]

The defence also produced an apparent shopping list said to be in Elizabeth’s handwriting. It included sixpence worth of poison, suggesting that the purchase might have been made at her request. Charles Murphy identified the handwriting as his mother’s, although he had not seen her write that particular document. [S5; S9]

The trial concerning Elizabeth Murphy

James Murphy was tried at the Central Criminal Court on 11 May 1875 before Justice Hargrave. Attorney-General William Bede Dalley prosecuted; Mr Buchanan defended Murphy.

The Crown’s case was circumstantial. It argued that James possessed the poison, brought the rum to the Boland house, had an opportunity to contaminate it, burned suspicious paper and subsequently tried to pass off a harmless powder as the remaining strychnine.

The defence emphasised that several people drank from the bottle on Sunday without becoming ill; that the bottle passed through several hands; that no one saw Murphy put anything into it; and that the examinations of the bodies did not yield conclusive chemical evidence. Numerous witnesses described Murphy as quiet, industrious and generally kind to his family. His son said Elizabeth had suffered fits previously. [S5]

Justice Hargrave directed the jury that it had to be satisfied not merely that Elizabeth had been poisoned, but that she had been poisoned with strychnine and that Murphy was responsible. After deliberating for about an hour, the jury found him not guilty. [S5; S6]

Murphy was nevertheless remanded because the Crown intended to try him for Mary Boland’s death. He was subsequently granted bail of £200, with two sureties of £100 each. [S5; S6]

The trial concerning Mary Boland

The second trial commenced in August 1875, again before Justice Hargrave. William J. Foster prosecuted for the Crown, and Buchanan defended Murphy.

Much of the evidence repeated that heard at the first trial. James Boland described Murphy bringing the bottles, being left briefly alone with the rum and burning the piece of paper. Margaret Courtney described Elizabeth drinking from the bottle. John Willett described Elizabeth’s convulsions and his recovery of the bottle. Watt repeated his evidence about the two grains of strychnine and the poison’s slow dissolution in rum. [S7; S9]

The Crown also called John Alexander and Charles Jackson. Alexander recalled Murphy complaining that the Boland house harboured his wife during her “drunken fits” and saying that he would “break up that meeting-house”. Jackson recounted a conversation after the deaths in which Murphy described Elizabeth leaving for the Boland house and reportedly said that, had she followed his wishes, she might still have been alive. [S9]

The defence argued that there was no demonstrated motive for Murphy to kill Mary Boland. On the contrary, witnesses said she had lent him money and farming equipment, and that he had expressed gratitude towards her. Buchanan further argued that the Crown was attempting to retry, through Mary’s case, evidence already rejected by the jury in Elizabeth’s case. [S9]

Character witnesses again described Murphy as honest, hardworking, quiet and a good father. Dr Reid said he had known Murphy as a quiet and inoffensive man and acknowledged that severe intoxication could sometimes cause symptoms resembling those described. [S9]

The jury retired at seven o’clock and returned about fifteen minutes later with a verdict of not guilty. Murphy was discharged. [S7; S8; S9]

What can be concluded?

The uploaded documents establish that Mary Boland and Elizabeth Murphy died in extraordinary and closely connected circumstances after apparently drinking from the same rum bottle.

They also establish that James Murphy had recently bought strychnine and that approximately two grains of it were subsequently detected in the bottle.

They do not, however, establish who put the poison there. No witness saw Murphy contaminate the rum. The bottle remained in the Boland house overnight and passed through several hands. The initial examination did not determine Mary’s cause of death, while the later analysis of the women’s remains was compromised by the condition in which the specimens were received.

The inquest jury accused Murphy of administering poison to Elizabeth, but a coroner’s verdict was not a criminal conviction. Two trial juries subsequently found that the Crown had not proved murder beyond reasonable doubt.

The documentary record therefore supports describing the events as the Back Forest poisoning case or the alleged murders of Mary Boland and Elizabeth Murphy. It does not support stating as fact that James Murphy murdered either woman.

People named in the reports

This list covers people named in the reports about the deaths, inquests and trials. It excludes people appearing only in unrelated articles printed elsewhere on the same newspaper pages.

The Murphy and Boland families

• James Murphy — Husband of Elizabeth Murphy; father of Charles Murphy and other children; neighbour of the Bolands. He purchased strychnine, brought rum to the Boland house and was tried separately for the two deaths. Acquitted on both charges. Some syndicated reports mistakenly call him John Murphy.
• Elizabeth Murphy — Wife of James Murphy and the second woman to die. Witnesses said she drank from the rum bottle, suffered two violent convulsions and said she had been well before drinking from it.
• Mary Boland — First woman to die; mother of James Boland. She reportedly drank rum from the bottle after saying it tasted like tobacco.
• James Boland — Mary Boland’s son and a neighbour of the Murphys. Described the bottles brought to the house, Murphy burning a piece of paper, the drinks taken on Sunday and finding his mother dead.
• Thomas Boland — Named in several syndicated summaries as the occupier of the Boland farm and Mary’s son. The detailed inquest and trial evidence instead identifies the principal witness and son as James Boland; “Thomas” may be a reporting error or another family member.
• Charles Murphy — Son of James and Elizabeth Murphy, described in one account as approximately 22. Said his parents generally lived well together, that Elizabeth had suffered fits previously and that a shopping list containing an order for poison appeared to be in her handwriting.
• Margaret Foley — Named as a character witness at the first trial, apparently a member or associate of the Murphy family. She was the daughter of James and Elizabeth and wife of John Foley.
• John Foley — Blacksmith and Murphy’s son-in-law. Said Elizabeth had previously suffered a fit and described Murphy as a good husband and hardworking man.
• Mrs John Foley, name not stated — Murphy’s daughter, Margaret Foley. Said her father had been kind to her mother and had always spoken well of Mary Boland.

Witnesses and local residents

• George Willett — Back Forest farmer. Witnessed Elizabeth’s convulsions, helped support her and described her rigidity, clenched teeth and backward-arched body.
• William Murray — Back Forest farmer. Witnessed Elizabeth’s convulsions and helped force open her teeth to administer brandy.
• John Willett — Farmer or tanner living near the Boland house. Witnessed Elizabeth’s illness, recovered and sealed the bottle, and delivered it to police.
• Mrs Willett, name not stated — Attempted to make Elizabeth vomit by placing a feather in her mouth.
• Margaret Courtney or Courtenay — Wife of Michael Courtney and a long-term acquaintance of Mary Boland. Said Mary offered her rum, drank it herself and remarked that it tasted like tobacco. Later reports also place her with Elizabeth when Elizabeth drank from the bottle. (Maiden name probably Mary Carmody from Kilbehenny Limerick).
• Michael Courtney — Husband of Margaret Courtney. Named to establish her relationship and residence; no evidence from him is reported. (Likely to be the brother of Mary Boland)
• James Courtney — Described as James Boland’s uncle. Received Murphy’s bundle after it was picked up from the roadside.
• Margaret Condon, also reported as Margaret Connolly — Saw Elizabeth find or carry the bottle and said she was well before drinking. The spelling varies among reports. (Likely to be the married daughter of Michael Courtney).
• Tom or Tim Connolly — Picked up Murphy’s bundle from the roadside and passed it to James Courtney. His given name varies between reports.
• Maurice Condyn — Had a horse and was sent by James Boland to investigate when Mary was believed to be dying. Reported back that she was dead.
• John Alexander, also known as Scotch Jack — Labourer from Coolangatta who travelled and drank with Murphy on Sunday. Reported Murphy’s complaint that the Bolands harboured Elizabeth during her drinking episodes and his threat to “break up that meeting-house”. He later corrected his inquest evidence to say his own bottle contained gin, not rum.
• Charles Jackson — Coolangatta resident. Recounted a conversation with Murphy after the deaths concerning Elizabeth’s final departure for the Boland house.
• Mr Berry, given name not stated — Owner or occupier of the yard where Jackson spoke to Murphy.
• James Allison — Builder and character witness. Described Murphy as quiet and inoffensive and said he appeared to live agreeably with his family.
• Henry Gordon Morton — Agent for the Shoalhaven Estate and character witness. Had known Murphy for about 22 years and described him as honest, industrious and kind to his family.
• James Ryan — Mayor of Numba and character witness. Had known Murphy for approximately 18 years and described him as honest, quiet and a good father.
• James Wilson — Character witness at the first trial who supported Murphy’s good reputation.
• John Monaghan — Character witness at the first trial who supported Murphy’s good reputation.
• James Waddington — Character witness at the first trial who supported Murphy’s good reputation.

Shopkeepers, hotel witnesses and scientific witnesses

• John M‘Arthur or Macarthur — Greenhills/Terrara storekeeper who sold Murphy approximately ten grains of strychnine. Identified the purchase in his book and said the packet later produced by Murphy was not the packet he had supplied.
• James Stanbury — Terrara grocer. Said Murphy first approached him seeking poison and made disparaging comments about his wife.
• John Weller — Sold Murphy rum and gin and said Murphy left through a window early on Sunday morning carrying liquor.
• Dr James Stephen Reid — Shoalhaven medical practitioner. Conducted the original examinations, removed the women’s stomachs and said Elizabeth’s symptoms were consistent with strychnine poisoning.
• Dr Charles Millear — Medical witness at the first trial. Said the symptoms described would initially suggest strychnine but acknowledged the difficulty of detecting it after time had elapsed.
• Dr Myles Egan — Medical witness at the second trial. Said the symptoms described were compatible with strychnine and unlikely to be an ordinary first epileptic attack.
• Charles Watt — Government Analyst. Found approximately two grains of strychnine in the bottle. Found that Murphy’s purported remainder was largely sugar and calomel, with a small amount of arsenic, rather than the purchased strychnine. His analysis of the stomachs was inconclusive.

Police, court and legal personnel

• Thomas Grieves or Greaves — Senior constable in charge of Shoalhaven police. Questioned Murphy, took possession of the bottle and arrested him. The spelling varies between reports.
• William Board — Constable who attended the examinations, handled the specimens and later assisted when the bodies were exhumed.
• Thomas Morton Richards — District coroner who conducted both inquests at Numba.
• Justice Hargrave — Judge who presided over both murder trials.
• William Bede Dalley — Attorney-General and Crown prosecutor at the trial concerning Elizabeth Murphy.
• William J. Foster — Crown prosecutor at the trial concerning Mary Boland.
• Mr Buchanan, given name not stated — Defence counsel at both trials.
• Mr Roberts, given name not stated — Solicitor involved in Murphy’s defence.
• W. Roberts junior — Said the alleged shopping list in Elizabeth’s handwriting had been given to him for the defence.
• Mr Greer, given name not stated — Reported as instructing Buchanan when the second case was first called.

Inquest jurors

The following men were named as jurors at one or both inquests. The reports do not record individual evidence from them:

• Hugh M‘Lelland — Foreman.
• James Shepherd
• James Condon
• John Quilkey
• Robert Bennie
• Thomas Warren
• Terrence Mahoney
• Michael Murphy — No relationship to James or Elizabeth is stated.
• Peter Alexander
• John Bindon
• John Weller
• Alexander Fraser

Important name discrepancies

• The accused is consistently identified in the detailed evidence as James Murphy, although some syndicated reports introduce him as John Murphy.
• Grieves also appears as Grieve and Greaves.
• Margaret Courtney appears as Courtenay and, apparently through transcription or reporting errors, possibly Coghlan.
• Margaret Condon appears as Margaret Connolly.
• Tom Connolly appears as Tim Connolly.
• James Stephen Reid is rendered as Read in one report.
• The Boland son and witness is James Boland in the detailed evidence, while some summaries call the occupier Thomas Boland.

Source key

• S1: News, Shoalhaven, Broughton Creek, Ulladulla and South Coast Advertiser, 3 April 1875, p. 2. News, Shoalhaven, Broughton Creek, Ulla…_ 1875), Saturday 3 April 1875, page 2.pdf
• S2: Illawarra Mercury, 9 April 1875, p. 2. Illawarra Mercury (Wollongong, NSW _ 1856 – 1950), Friday 9 April 1875, page 2.pdf The separately uploaded NLA export is a duplicate of this article. Murphy – nla.news-article135864685.3.pdf
• S3: New South Wales Police Gazette and Weekly Record of Crime, 7 April 1875, p. 105. New South Wales Police Gazette and Week…dnesday 7 April 1875 (No.14), page 105.pdf
• S4: Queanbeyan Age, 14 April 1875, p. 2. Queanbeyan Age (NSW _ 1867 – 1904), Wednesday 14 April 1875, page 2.pdf
• S5: News, Shoalhaven, Broughton Creek, Ulladulla and South Coast Advertiser, 15 May 1875, p. 2. News, Shoalhaven, Broughton Creek, Ulla… _ 1875), Saturday 15 May 1875, page 2.pdf
• S6: Goulburn Herald and Chronicle, 15 May 1875, p. 3. Goulburn Herald and Chronicle (NSW _ 1864 – 1881), Saturday 15 May 1875, page 3.pdf
• S7: Evening News, 14 August 1875, p. 5. Evening News (Sydney, NSW _ 1869 – 1931), Saturday 14 August 1875, page 5.pdf
• S8: Sydney Morning Herald, 14 August 1875, p. 5. Sydney Morning Herald (NSW _ 1842 – 1954), Saturday 14 August 1875, page 5.pdf
• S9: News, Shoalhaven, Broughton Creek and Ulladulla Advertiser, 18 August 1875, p. 2. News, Shoalhaven, Broughton Creek and U…877), Wednesday 18 August 1875, page 2.pdf
• S10: Goulburn Herald and Chronicle, 18 August 1875, p. 4. Goulburn Herald and Chronicle (NSW _ 18…881), Wednesday 18 August 1875, page 4.pdf
• S11: Wagga Wagga Express and Murrumbidgee District Advertiser, 21 August 1875, p. 8. Wagga Wagga Express and Murrumbidgee Di…1875), Saturday 21 August 1875, page 8.pdf
• S12: Australian Town and Country Journal, 21 August 1875, p. 26. Australian Town and Country Journal (Sy…919), Saturday 21 August 1875, page 26.pdf

The August reports in S7, S10, S11 and S12 substantially repeat the same syndicated account and should not be treated as four independent confirmations.

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A somewhat surprising fact that is unrelated to the actual events. James Murphy was my 2nd great grandfather – the policeman Thomas Grieve who arrested James Murphy in 1875, was my husbands 2nd great grandfather!

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Do you know more about the families mentioned in this post? As always, please do not hesitate to contact me by sending a message via the sidebar of this blog or through Ancestry, Wikitree or Facebook.

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Featured Image: Central Criminal Court, Sydney

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