The inquest into the death of Emily was ruled as accidental death but then the police got involved
James Diplock was born in 1849 in Uckfield Sussex. The second born child of thirteen to Henry Diplock a Gardener and Georgina Pollard
He became a farm laborer and even became a member of the Brighton police force for a short time but it's not reported, and no records to say why he left.
In April 1881 age 32, he was living in Lewes Sussex with Emily age 21, also born in Uckfield, and their daughter, Emily Georgina, age 5, who was also born in Uckfield in 1876 but was baptized in Hove Sussex. There is no record of their marriage record for James and Emily, so I am unable to locate Emily's Maiden name to research her details before 1881.
They then moved into a cottage, when James got work for Mr. Bannister, a landowner and farmer in Piddinghoe Sussex.
On Saturday 12th July 1881, Seeking refuge from the intensely hot July sun, a party had assembled in a Royal Oak beerhouse at Piddinghoe
They remained there drinking ale from half-past four in the afternoon till half-past nine at night. There was Emily Diplock and her daughter and there were also four Navvies from Newhaven, Sussex, and these men, no doubt, were treating her, as she was sat between them.
Just after six o'clock, James Diplock arrived and quietly joined the party. Soon after came Mr. Godden, the shepherd, and at about nine o'clock came Stephen Adams, the carter from Mr. Bannister's farm, his wife, Jemima, and two of his step-children, Charlotte and George Woodgate.
The party broke up peaceably enough.
Where the navvies went to is not told but probably back to Newhaven Barracks.
Stephen Adams and his party left about ten, and James Diplock, his wife, and daughter, a few minutes before them. When the Adams party got on the Downs, his wife heard Emily Diplock crying out to her husband James, "You are no man," and it was evident they were quarreling.
Jemima's son, George Woodgate age 15, had the curiosity to go and see what was going on. He found Emily Diplock lying on the ground, and James was trying to make her get up. She said she would not get up, on which he kicked her about the ribs, and she said, he was no man, and ought to be pole-axed. George, who was within a few yards of them, then went off, James left his wife where she lay and took their daughter home, walking behind George. A fine July night lying out on the Downs did not appear a very terrible fate.
Diplock was, in all probability, far from sober. The beer shopkeeper said he does not remember him paying for anything, but the wife, was probably all but capable of moving, as she had been drinking with the Navvies all afternoon and Newhaven Navvies were said to have been flush with money.
The next morning, when he came into the kitchen, with the time being half-past eight, the wife of a labourer named Smith, who shared residence of the same cottage as Diplock and his wife, asked him if his Mrs wasn't coming down, to which he replied, "No, dear me, I left her on the hill last night, and I must go and find her "
He did, bringing her home in a wheelbarrow, with Godden, the shepherd, Adams, the Carter, and Backshall, the Waggoner, to help him.
Mr Godden, the Shepherd was the first to see her. He thought she was going to die, and told Diplock as much.
She was lying on her back on the grass, and moaning very weakly. Then James must have begun to see the danger he was in, and when Godden returned from calling Mr Backshall, he said, " She has spoken since you have been gone. She says she went to the village again after I left her." Of course, this looked like a fabricated statement but he repeated it to others, obviously to cover himself.
Gooden gave a fuller description of her appearance. He said her head was leaning over her left shoulder, her eyes were banged up, and there was blood on the turf, and all about her mouth.
Backshall added, that her head was swelled pretty much.
By half-past nine Emily was brought back home, and by the intervention of Mr. Bannister, Akehurst had gone to get the attendance of Mr. Cann, the Surgeon.
It was after seeing her in this state on Sunday morning, when Diplock had just brought her home, that Mrs Smith, said to him, "You have done this," and he replied, " I know I have." Afterward, when he came down from where his wife lay, he said to her, "She has forgiven me." Mrs. Smith replied, "I could not forgive you."
But when he was going for the Newhaven surgeon, a shipwright, named Mr Overden walked with him, and he told Overden that he " thought it his duty" to inflict on the woman the terrible injuries described.
And on Tuesday, when he told Godden, the shepherd, his wife was ''ever so much better'', Godden replied, "And a good Job, too!" "Yes," said Diplock, ''for her and me, too." Godden, evidently catching his meaning, said, " When you do that little job again, you must not do it quite so stiff." To this, Diplock replied, '' Truly enough, we may suppose, I didn't hardly know what I was at."
It is a sad story, but the man, when he struck and kicked his wife, had no idea of killing her. He had it seems, in their rough life, done as much before and she had survived. He 'thought it was his duty'' could mean his father was abusive and to him it was normal. There is no criminal record of his father for any abuse but things were sometimes kept behind closed doors in them days, only coming to light, when the wife went to the police when children were involved, It was harder as the home was in the name of the husband, or came with his job.
The man George Akehurst, whose evidence at the inquest stated that Emily, after getting home on Saturday night, had a fall down the stairs and died from that, spurred the jury to decide their verdict. other witnesses, like Mrs Smith, weren't called for, and from what Mr Port, the Piddinghoe greengrocer, heard him say to a man he was in the street with, that he appeared to have been irritated at his wife's conduct.
It was Saturday. He had given his wife money " to get some things with," and she had gone to the beer house at half-past four in the afternoon, leaving him to follow her, as he did, when he left work at six.
On the following Monday, a doctor was sent for, and on Wednesday 16th July, Emily was removed to the Sussex County Hospital at Brighton, where she died soon after admission. Mr Uhthoff, the house surgeon of that institution, was called as a witness and described the bruises on the body caused by the alleged fall. He said the brain had been slightly lacerated during life in the posterior part, and that "about an ounce and a half of blood lay between the outer and inner membranes on the surface of the left side of the brain." The cause of death, he said, was the injury to the brain--haemorrhage on its surface, contusions, and laceration of its substance.
The state of the woman, when found on Sunday morning, was said to be dreadful. Mr Adams, the Carter, said she had blood running out of the corner of her mouth, and her eyes were completely " bunged up; ' she seemed " very insensible," and never spoke, but made a groaning noise, yet none of this was heard about at the inquest.
So although the inquest was not held hurriedly, it does not appear that no inquiries were instituted as to the truth of the husband's evidence:
According to the evidence taken by the Deputy Borough Coroner (Mr A. Freeman Bell), the husband stated that on the previous Saturday evening, he and his wife went to bed at about half past nine. He was sober, but the deceased was a little the worse for drink. When they got upstairs it was found that they had no matches. Emily undertook to get some, and on getting to the stairs missed her footing on the top step and fell. Her husband managed to get her upstairs again and he did not think, that she was badly hurt. A neighbour named Mrs Akehurst helped to undress the deceased.
The Jury ruled Accidental death.
It appears that straight after the inquest Diplock disappeared, taking his little girl, with him.
The matter would probably have been over, had it not been that the police at Newhaven became aware of some facts, which aroused their suspicions. It was said her family was not happy with the outcome, so may have gone to the police, regarding the matter.
PC Brooman was asked to do a searching investigation and then had additional testimony forthcoming, whose evidence would make a strong case against James and prove that he kicked and ill-treated her most brutally, left her where she fell, and went home to bed as if nothing had happened.
It then became certain that the unfortunate woman, lay on the downs all night suffering very great agony and that on Sunday morning, her husband, assisted by a shepherd and some neighbours, took her home in a wheelbarrow, making some sense for her absence.
James Diplock was finally arrested at Kingston-on-Sea, on a charge of wilfully murdering his wife, Emily Diplock, It appears that the police have been searching for James, for two weeks and were finally told, he was harvesting in the neighbourhood, and yesterday morning Superintendent Osban, of Lewes, received the information, which led him to visit the farm of Mr. Gorringe, at Kingston, where he found Diplock tying up oats.
When arrested by Superintendent Osborn, he made no resistance and was quietly conveyed to Lewes by the train, reaching there at nine o'clock.
The prisoner, on getting out of the carriage, walked through the barrier, leading the child by one hand, although he was securely handcuffed. Very few people on the platform were aware of the serious nature of the charge against him. He walked to the police station, accompanied by Superintendent Osborn, Sergeant Green, and a constable.
He was described as a tall man, looking pale but seemed unconcerned, as if the charge against him was very trivial.
On Tuesday 16th August James was brought before the Magisterial Examination at the County Hall, Lewes, before the Earl of Chichester (in the chair), Major-General Hepburn, Mr J. G. Blencowe, Mr Burwood Godless, Mr R. Cresakey, Mr G. Whitfield, and Mr J. H. Sclater.
James Diplock is recorded as residing at Bonnie-cottages, Butts Road, Southwick, Sussex.
The charge had been read over to the prisoner charging him with the wilful murder of his wife Emily Diplock, at Piddinghoe, on 16th July.
Superintendent Osborn was sworn in and said:
''I apprehended the prisoner last night at Kingston-by-sea. He was working for Mr Gorringe, harvesting. I read the warrant to him, and he said, "That I did not; it is wrong." He also said, " Have you seen the doctor at the Hospital? I suppose she will be taken up again." I replied that I had not seen him''.
''I have not been able to get any of the witnesses here today''
Major Luxford (the Chief Constable), addressing the Earl of Chichester, said:
''I ask you to allow the case to be adjourned until Friday, and then on that day, I shall be able to ' bring all the evidence except that of the doctor at Newhaven, who first attended the woman. He is away for his holidays, and I cannot get his evidence.''
The Earl of Chichester: ''Is there any medical evidence at all''
Major Luxford; ''not from the doctor of the Brighton hospital, but from the other medical gentleman who was first called in to see the woman. I could not get the doctor from Brighton in time.
The Earl of Chichester: ''Do you know where the doctor from Newhaven is?''
Major Luxford:'' I do not, my Lord''.
Mr. Godlee: ''Shall you have by then, evidence for us to proceed upon?''
Major Luxford: ''I think so''.
The Earl of Chichester then turned to James: - ''Then, prisoner, you will be remanded till Friday. You are not called upon to plead, but if you have anything to say to us about your being remanded, you can say it. The witnesses are not here, so the Magistrates cannot enquire into the case today. You can get any legal assistance you like for Friday''.
Prisoner: - ''Will you allow me bail please sir, to look after my daughter''
The Earl of Chichester: - ''No, we cannot bail you today. Friday it will depend on what the evidence is; we may discharge you for all we know. You may be admitted to bail or may be committed for trial, but we cannot express any opinion till we hear the evidence. If you choose, of course, you may get a professional man to assist you on Friday.''
Prisoner: ''Thank you, sir.—The prisoner was then removed, and as he left the court, he led by his side, his daughter, who had been sitting in the dock with him''.
On Friday 26th of August
James Diplock was charged at Lewes, before the Sussex magistrates, with the murder of his wife
Considerable interest was centered in the case from the fact that the woman was buried under a coroner's warrant for a month, and then at the inquest, with the Jury having returned a verdict of accidental death.
Elizabeth Akehurst, wife of George Akehurst, farm labourer, at Piddinghoe, said the prisoner lived next door to her. On Saturday, July 12th Emily went to her house at half past three and asked her if she might leave the key to her front door for half an hour, she consented. The deceased went off in the direction of Piddinghoe. Elizabeth did not see her again till half-past nine the following morning. The prisoner and a man named Backshall were then getting her upstairs in her (deceased's) residence. She assisted in undressing her. The deceased's face was very much swollen and dark, and there were bruises on various parts of her body. She was very sick, but answered any questions, and constantly asked for beer and brandy. Of the latter, Elizabeth gave her a small quantity.
Mr. Cann, surgeon, of Newhaven, was sent for, and he attended. On Wednesday Emily was removed to the hospital, and in the meantime Elizabeth nursed her, feeding her with broth, and giving her the medicine supplied by the doctor.
George Akehurst, the husband of the last witness,
George Akehurst admitted before the Magistrates, that he never saw Emily that night at all, and never saw her fall down the stairs.
There is no doubt that, after vainly trying to get her up by kicking, Diplock and the little girl went off home and left her.
He said he saw the couple at the Royal Oak beerhouse on the Saturday in question, but they were not together. Emily was the worst for liquor. He left the house about a quarter to ten and did not see either of them again till two o'clock the following afternoon when George saw Emily in her house lying on some straw, in an unconscious state, with her head and face much swollen. He went to get the doctor at about ten o'clock, accompanied by the prisoner, by direction of his master. Mr Bannister, and afterwards took the deceased to Brighton Hospital,
Stephen Adams, The Carter, said he was at the beer shop at Piddinghoe at half-past nine on Saturday night. The prisoner, his wife, and little girl left at a quarter to ten, the woman being sober. Adams left five minutes later, and when on the footpath heard a voice, which he believed to be James, say. " I will do it for you this time." The sound seemed to be about a hundred yards distant, but it was dark, and the Adams could not see anyone. Adams then went straight home and did not hear any more quarrelling beyond this.
The next morning, at half-past nine, Thomas Godden asked him to go and help bring Emily home and went accordingly. He found her on the hill, about twenty yards to the left of the footpath. Emily was then lying in Jamess' arms. He said, " This is a pretty sight! and Adams replied that it was. Blood was coming from her mouth, and there was blood on the Jamess slop. Adams said she had made a deep groaning noise.
He also stated that the spot where the body was found, was the same location, as he had heard the sound coming from the previous night.
Jemima Adams, the wife of the last witness, said she was on the hill on her road home with her husband and family about ten o'clock on Saturday night backed up her husband's testimony, and also said she heard a voice, which she knew to be that of Emily, crying out, " You are no man."
George Woodgate son of Jemima age 15 next took the stand and said he heard James and his wife quarreling on the hill. James was telling his wife to get up, but she refused. He then stated James kicked her in the ribs twice, but George did not notice how she was lying. George then started back on his way home with James and his little daughter following close behind.
Other evidence was given, and it was shown that the cause of death was a haemorrhage of the surface of the brain and a laceration produced by blows received.
The prisoner was committed to take his trial on the capital charge and placed back on remand until the Assizes.
Thursday 10th November at the Autumn Assizes
(Before Lord Chief Justice Coleridge.)
James Diplock was placed at the bar, and indicted for the murder of his wife, Emily Diplock, by kicking, striking, and other brutal violence.
Mr. Merrifield, Mr. Willoughby, and Mr. G. Penman prosecuted; and Mr. Gill defended the Prisoner.
A brief description was read out stating the Prisoner resided with Emily age 21, who was about eleven years younger than himself, in the parish of Piddinghoe, near Lewes, and they had one child, a little girl.
On the night of Saturday, the 12th of July, they were all at a beer shop in Piddinghoe, and left shortly before ten o'clock night, both of them being at that time, worse for liquor. They had gone some distance along the high road, and they then turned off to a field and went along a footpath toward their house.
As they were going along a dispute arose about some money, and several persons passing along the road heard the sound of violent blows, and the Prisoner was heard to say to the deceased, " I will do for you his time." The Prisoner returned home alone, and no more was seen of the deceased until she was found a short distance from the footpath in a most pitiable condition.
On the Tuesday after the occurrence, the Prisoner was said to have told one of the witnesses that he had given his wife a smack in the face, and given her a black eye, but she was getting better, and she had forgiven him.
After the death of the unfortunate woman, a Coroner's inquest was held, and the Prisoner gave several accounts of how she sustained her injuries.
Dr Cann, of Newhaven, described the injuries received by the deceased and said they were all of a description, that would be caused by kicks or blows. James Diplock had told him that he had hit the deceased rather harder than he meant to have done on Saturday night.
Dr Cann, in answer to questions put by the Lord Chief Justice, said that when he sent Emily to the Hospital at Brighton, he told the man who drove her there in a cart that Emily had received the injuries from a fall. This did not convey a true impression of the case. He denied having told the assistants that they were to say the deceased had fallen downstairs, but he admitted that he had told James Diplock, that he must not tell the Coroner anything against himself.
The Lord Chief Justice, in summing the case to the Jury, said it appeared to him that nothing could be more insensible or misleading than the conduct of Dr Cann, and he could not understand how it was possible, that an educated man, should have acted in the way he had done.
It appeared to his Lordship that he had, in the first instance, neglected his patient, that he had given false information relating to the case to the hospital authorities, and that he had induced the Witnesses to give false evidence before the Coroner. All he could do in the matter was disallow his expenses, and he should direct the evidence he had given, to be laid before the Public Prosecutor, and if there were grounds for a prosecution he would be prosecuted.
The Jury eventually found the Prisoner Guilty of Manslaughter.
The learned Judge said he considered his offence, a little short of murder, and he, therefore, passed upon him the extreme sentence of the law, which says that he be kept in penal servitude for the rest of his life.
Life After
James was taken back to HMP Lewes Sussex then on to HMP Maidstone Kent and finally ended up at HMP Pentonville in Middlesex on 18th November.
On 9th January 1882, he was transferred to HMS Portland Dorset where he was to spend the rest of his sentence.
His Parents took on Emily Georgina and they moved back to Uckfield from Little Horsted Sussex and she was then using the name Georgina.
On 23 May 1896, at Eastbourne Holy Trinity, Sussex. age 20, Georgina married Thomas Richardson, from Hellingly Essex. His father was a Market Gardener, so they no doubt met through her Grandfather. He was a Military man, a Gunner for the Royal Artillery
They moved to Shoesburyness in Essex and in April 1897, they had their Daughter Georgina Elizabeth.
On 18th February 1898, a warrant was issued declaring her father James insane, so with arrangements made by the 24th of February, he was transferred to Oakwood Lunatic Asylum Barming Kent.
More devastating news in March when James' father Henry passed away aged 78 in Uckfield and was buried at the local parish church in Little Horsted on 29th March
Her Grandmother Georgina then went to live with her daughter Ruth, her husband, and family in Eastbourne Sussex.
Then came the news that on 28th July, her father James had died at the Asylum aged 49. Cause not given.
Grandmother Georgina lived until the beginning of 1905, aged 81
In May 1899 Thomas and Emily Georgina had another Daughter, they named Evelyn Carrie.
In Apr 1901, Thomas and Georgina were living at 12 Granville Terrace, Grove Hill, Shoesburyness, with their two daughters.
I believe Thomas may have died during the Boar War, sometime after April and she had become connected to Lance Corporal James Edward Smith shortly afterwards and Emily gave birth to Walter sometime in 1901. He took the surname Smith but Thomas may have been the father, or she was having an affair, while Thomas was away fighting.
James Smith died on 6th August 1902, age 29 in Portsmouth, according to the death certificate, from a rupture of the antrum of the stomach, due to natural causes. Georgina was pregnant and she gave birth to their Daughter Rosa Bessie Smith in December 1902. I have been unable to locate a marriage record for James and Georgina, or baptism records for Walter but Rosa was Christened at Saint Mary the Virgin, Dover on 22nd December.
She reappeared in the 1911 census, living at The Den Farm in Marden, on that record as being married for 9 years to Stockman Thomas Foster (again unable to locate a marriage record) Her other children, Georgina and Evelyn Richardson, Walter and Rosa Bessie Smith, are living with them, and then their children under the Foster surname, Frederick age 6 Thomas age 4 and twins Willie & Reginald age 1.
They had two more children named Albert Edward in 1914 and Daisy Ruth in 1915
Thomas and Emily appear in the 1939 census, along with their Daughter Daisy living in Westends House Swale Kent. Thomas is a Cowman on a farm.
Her husband Thomas died in 1947 aged 71 and she moved to the Maidstone area, possibly to live with one of the children, and died in the district of Maidstone Kent in 1963 aged 86.
Sources
(1881, August 23). ''some five weeks ago''. Horsham, Petworth, Midhurst and Steyning Express, pg3.
(1881, August 20). Alleged wife murder in Piddighoe. Croydon Guardian and Surrey County Gazette, pg7.
(1881, August 20). EXTRAORDINARY CHARGE OF WIFE MURDER IN SUSSEX. Brighton Herald -, pg3.
(1881, August 27). CHARGE OF MURDER IN SUSSEX. Worcester Journal, pg2.
(1881, November 12). KENT and SUSSEX AUTUMN ASSIZES. Whitstable Times and Herne Bay Herald, pg3.
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