The murder of Francie Eliza O'Rourke by Harold Apted
John Laney O'Rourke whose father John O'Rourke was a journeyman tailor had moved his family to no 2 Garden Street Tunbridge Wells Kent from Westminster London. His wife Frances Woodgate was born in Tunbridge Wells. her father was from Salehurst Sussex and worked as a machinist at the Baltic sawmill. John like his father, had become a journeyman Tailor.
They married in 1891 and were living in Elm Road, situated off Meadow Road, Southborough, in Tunbridge Wells. They had 4 girls Frances Eliza was born in 1894, followed by Kathleen Maud in '96, Ellen Norah in '98, and Bertha Violet in 1900.
The oldest Frances Eliza was said to be a bright and intelligent girl, looking and behaving older than her age.
On Tuesday 31st Dec 1901 at around 2.20 pm, Frances age 7 1/2 had left her home to run an errand for her father, to deliver a parcel to his employers, Jenkinson Tailors in Mount Pleasant Road, it was a walk into town, and she had done these errands many times over several years and they had no concern or worry.
She was expected home around 5, so when she didn't return, her father went to look for her, heading towards the town, hoping to meet her on the way.
She would often visit her maternal grandfather at the sawmill but he hadn't seen her, then he went to the tailors, which were closed, so he went to the cutter home in Woodbury Park Road, who informed him, she had left at 4.10 pm with a parcel and a note.
At around 8 pm, after going everywhere he could think she would be, visiting relatives, work, and even the hospital, he finally returned home, in the hope of finding her there but disappointment and despair came, when he found she wasn't.
He went to the Southborough and Tunbridge Wells police stations to report her missing and he and his wife then spent all night out looking for her, going around Southborough and the town centre but to no avail, she seemed to have vanished.
At around half 7 the following morning, New Year's Day. Joseph Nye and Thomas Doust, who reside in Tonbridge were proceeding to work, along the Vauxhall road, when they passed the Pond, they noticed what looked like the legs of a body protruding out of the water, they rushed to the Vauxhall Inn, less than 100 yards away to get the landlord, Mr Jeffery. The three then returned to the pond and were horrified to find it was a young girl half-naked with her head and upper body submerged in the water. They quickly removed the body and took it back to the Inn.
A doctor was summoned and the police were informed.
Dr Watts arrived and pronounced the child deceased and upon examination, it was discovered that the girl had been outraged and then murdered. he found a stab wound in the neck, which severed the jugular vein, which he said was probably caused by the knife which appeared to be tangled in the loose tresses in her hair. The clothing had been almost removed from her body, her boots and stockings were still on her feet but her pair of drawers, petticoat, and vest were torn and ragged. He said she could not have been in the water for many hours and Rigor mortis had just started to set in.
Inquiries began and it was assumed the girl was around 14 years old and stood at 4 feet tall.
Her remaining clothing, her hat, Ulster coat, and other underclothing, was found later in the day in a bush, at the vicinity of Manor Farm, over a mile away from the Pond where her body was found. The Vauxhall Inn was the only house in that area and the lane was not frequently used, due to the lack of houses.
At 8 am the parents had heard of the terrible news but weren't aware of it being their daughter due to the description and location being Vauxhall lane Tonbridge.
The police then appeared at the house later, while John was out. Upon his return, he went with his wife and finally arrived at the inn, between 12-1 pm where her body had been rested and identified the body as their daughter. John's brother had already identified some of the clothing, as he had bought them for her.
It would seem, that she had last been seen alive at 5 pm that evening by 2 girls Rose Dupont and Ethel Muggeridge who lived in Southborough, and saw her getting into 4-wheeled van at St. John's Road.
There was a man in the vehicle and they had no doubt that it was Frances who got into the cart, they watched her make a couple of slips on the step before getting in, as she was not tall enough to reach it properly. the cart then hurried off towards Southborough but there was no evidence that this was the murderer, as it was heading towards her home.
Her mother spoke to the Courier Newspaper and stated that she wouldn't have gone down the lane of her own accord, she did not know the locality and as far as her parents knew, she had never been in that direction before. her mother described her as having a bright and happy disposition, and being the eldest, was very willing and useful around the house, stating she had been the right hand for the parents.
The theory accepted was that the atrocities had been committed in Vauxhall Lane or one of the meadows, her body had then been covered and then disposed of in the pond, where some parts are over 5 feet deep. There were horse tracks that led to the fence and they came to the conclusion it would also have taken a strong person to throw the body over the fence, given her stocky build.
On Friday 3rd January an inquest was heard at the Vauxhall Inn.
Her father was the first witness called. He explained the events that took place that day and also mentioned that, although he had never known her catch a ride with anyone, he did point out there was a man, who was supposed not quite right in the head, who would talk to the girl occasionally and he had told this to the police, who didn't seem to attach any importance to this information.
This was followed by all the other witnesses giving evidence of the sightings of her, throughout that afternoon.
With this information Superintendent Styles, who was in charge of the case, requested an adjournment for a week to follow up on this evidence, Mr. Robb the family solicitor concurred, so it was then booked to continue on the following Monday 6th January
At 6 o'clock that evening, Detective Sergeant Fowle of the Kent County police stationed at Maidstone, who with other detectives had been dealing with the case, went to 69 Woodside Road Tonbridge with Detective Petley, where a young man called Harold Apted, lived with his parents and they asked him to accompany them to the station.
They also took the clothes he was wearing and the van he confirmed he was using on the night of the crime. He placed him under caution and Detective Sergeant Fowle said ''I should charge you with suspicion of wilful murder'', to which he replied that he never went that way home and knew nothing about the crime.
The Criminal proceedings began the next day Saturday 4th January and Harold appeared in the Tonbridge Police court.
This had attracted some attention and an hour before the court opened, the approaches were filled with people who hoped to gain admittance to obtain a sight of the prisoner and proceedings. The small places set aside for the public were crowded with bodies. The relatives of the prisoner were accommodated in an area behind the reporters.
The 3 magistrates sitting on the bench were Mr C Fitch Kemp Mr H Middleton Rogers and MR W Baldwin.
Harold was placed in the dock, he was 20 years old and was said to be a quiet inoffensive, and respectable young fellow. looking fresh-faced and entering with a firm step, glancing round at the spectators behind before facing the magistrates with his hands behind him, perfectly cool and collected and listened with great interest in the proceedings, as the evidence was given.
The charge against him was that he did wilfully and maliciously kill and murder Frances Eliza O'Rourke at Vauxhall Lane Tonbridge on the 31st December 1901.
Detective Sergeant Fowler was the first witness, who explained that upon inspection of his clothes, stains were found, that looked like blood, and blood stains were found on the body of the van and also on a couple of strands of straw found in the cart and some under the wood floor, which looked like it had been washed recently, all these items had been submitted to the home office. Harold denied washing the van.
The next witness was Conrad Smith 77 a Carrier from Vale Road Tonbridge. He said at around half 4 - 4.45 he was in his van coming from High Brooms, on the hill leading from the Cross Keys Public House to Southborough and the accused passed him in a van. He knew Harold and had spoken to him previously. He was going in the same direction as him. it seemed to him that Harold had a child with him but it was too dark for him to be confident in this.
Detective Sergeant Fowler then made a formal application for Harold to be remanded in custody until Tuesday.
The interest in this tragedy, in no way abated. On Sunday 5th January, hundreds of people visited the Vauxhall pond where the body was found, and viewed the place,
The funeral of Frances then took place on Monday 6th January in the afternoon at St. Peter's Church Southborough.
Rev Thomas Graham and Rev J Agg-Large entered the west door, closely followed by the coffin made from elm with white metal furniture and the breastplate bore the inscription Frances Eliza O'Rourke
Died 31st Dec 1901 Age 7 years.
It was covered with a white Pall with the sacred monogram IHS on the corners in purple.
Several relatives and friends accompanied the parents who were overcome with grief. Other relatives to attend were Mr & Mrs. G A O'Rourke (uncle and aunt), Mr. and Mrs. Woodgate (Grandparents) Mrs. Fermer (Aunt), Miss Kate and Miss Lillian Woodgate (Aunts) Miss Aulbury O'Rourke (Aunt) Mr. G A O'Rourke and Miss Alice O'Rourke (Cousins) Mr. A Harmer (Cousin) Mr. and Mrs. Jeffery from the Vauxhall inn, Mr. and Mrs. Downs and Mr. Bourdain representing his employers Jenkinson Tailors
The Psalm was read by Rev Agg-Large who had been greatly moved as Frances had been a regular attendant to the Sunday school of which he was superintendent.
After the service, the coffin was taken to its final resting place in the churchyard and after a last loving look at the casket that held their dear daughter's remains, the parents reluctantly tore themselves away and the large concourse of people then passed by the side of the grave for a final look, many placing flowers in the grave.
It was said that hundreds visited the grave of the victim, in the pretty Churchyard. Looking at the floral tributes that had been left by family, her school friends, business associates, and members of the Kent constabulary.
Her schoolmates at Southborough began raising a subscription, to place a white stone on her grave, to mark the last resting place of their friend, who met with such a sad death.
This day was shrouded with more misery for the family as that afternoon, after the funeral, an anonymous letter was received by Mrs O'Rourke bearing a Newtown Southborough postmark
The following is the exact wording within the letter. written using a lead pencil.
''Harold Apted is not the murderer of your little girl. I murdered your little girl. you won't catch me, I'm off to London beware I'll curse on you''.
In obvious distress by the letter and its contents, she was encouraged to inform the police, who took it as a hoax but the matter was receiving some attention, especially after another arriving the following Friday couched with more threatening and insulting language, which had an effect on the family and they were so scared that the night before the inquest they didn't sleep at their home.
At least a dozen were sent, not just to the parents but to the witnesses, although in all cases, were not delivered, and as the days went on, the language would grow stronger and more threatening, 2 being signed by the devil.
The police could have easily caught the perpetrator as it seemed all the post was sent from the same post box at the same time, so a plain-clothed policeman could have staked out the area and possibly caught the foul-mouthed writer.
On that Monday evening, the 6th of January, the prisoner was removed to HMP Maidstone. The removal was quietly elected, done while the people were at the adjourned inquest, which was being held at the Rose and Crown Hotel in Tonbridge.
Apted was escorted to the Railway Station, by Detective Sergeant Fowle, and Detective Fisher. Few people were aware of what was taking place or there might have been a hostile demonstration, due to the mixed emotions of his guilt. The prisoner was taken away by the 6.51 p.m. train, and as it steamed out of the station, Apted was sitting calmly between his escort smoking a cigarette. The van which the accused admitted to having been driving on the night of the murder, was still in custody at the Tonbridge Police Station.
The loss of the little girl, which had overshadowed the O'Rourke family life, was accentuated by money troubles. Her father had been unable to work, partly from the natural demands made on his time by the police, and partly from nervous prostration, and a wife and several small children dependent on him, His small amount of savings had been exhausted by the funeral expenses, so the family were pinched for the necessaries of life. There were many benevolent residents of the neighborhood that helped alleviate the distress into which the family had been plunged. The poverty that has overtaken the family had rendered the conduct of the anonymous letter writer particularly despicable, as these were sent unstamped and charged double to the family.
Interest in the case was growing in the Tonbridge, Tunbridge wells, and Southborough area, and on Tuesday 7th Jan by 9.30 in the morning, a crowd of people gathered outside the Tonbridge Police court, anxiously waiting for the courts to open, which then led to a mad rush to get a good seat in the limited area. The crush was said to be so bad, that a man had to be removed in the morning after he fainted and this lead to considerable difficulty in getting him to the exit door.
Among those present included Harold's parents, Frances Eliza's Father, and Rev Aggs-Large.
Mr Sims who was the prosecutor for the treasury and Mr Cripps who was the defence for the accused man Harold
The magistrates on the bench were Mr. C Fitch Kemp in the chair, Mr. H J. Wood, Mr. R Wingate, Mr. W Bladwin, MR Middleton Rogers, and Surgeon General Planck.
The accused Harold entered the dock, looking a trifle paler than on the precious occasion. He glanced around for a few seconds before standing silently with his hand behind him. He listened intensively and as the reporters gave him much attention, he watched their work as the proceeding continued.
Mr. Sims said he appeared on behalf of the public prosecution and the case had only been reported to them on Saturday, so in the time they had at their disposal had done their best to gather the evidence together. They had arranged for the witnesses to be carefully examined and Harold's garments had been submitted to Dr. Guy Stevenson, the government analyst for examination but he had not had time to complete the examination yet.
He proposed not to open the general facts of the case, which were sufficiently known by the bench but he would call on the father of the child and Dr. Watts, who could say the exact cause of death. upon that evidence, he would ask the bench to grant a remand until Saturday, when he would be in a better position to go right on with the evidence.
Mr Cripps said he appeared for the prisoner and agreed that what Mr. Sims had suggested was a very convenient and proper one. although evidence would to some extent be given, he did not propose to cross-examine the witnesses that day.
Her father John then took the stand and with Mr. Sims questioning they went through again what happened that day and the day after when she was found. He stated all her clothes had been found but the parcel she was carrying and the note were still missing. he was asked if she ever went to Tonbridge to which he replied only once with him and she didn't know anyone in Tonbridge to give rise for her to go there. he was asked about where his residence was, having to take one or two turnings before coming to the main road through Southborough.
Dr. Watts was then brought to the stand. He stated he had arrived at the Vauxhall Inn at about 9.10 am and was shown the body of the child in the outhouse of the Vauxhall Inn. He found upon her body a flannel vest a grey petticoat, her pair of drawers, boots, and stockings. He was asked about the wound explaining it was on the left side, halfway between the angle of the jaw and the collarbone. The wound was gaping and about half an inch wide, he didn't inspect it further than day but upon post-mortem, he found it to be one and a half inches deep and had gone right through the muscle. the wound had penetrated the artery and a great deal of blood was lost, so death would have been quick. The weapon would have been a pointed instrument with considerable force used. Mr. Sims then discussed the knife found in her hair. It was a clasp knife half open and it was most certainly the murder weapon used in the murder.
At the end of this questioning Mr. Sims put it again to the bench, to postpone and remand the prisoner until Saturday next. The chairman agreed the accused would be remanded until Saturday at 10.30 am and Harold was removed from the court back to the cells below.
On the morning of Saturday 17th January, the most important stage in the case was attained when the treasury unfolded the case for the prosecution, before a full bench of the Tonbridge Magistrates and a crowded public gallery. The case had intensified with public interest, as the crowds gathered outside the court an hour early. Another sign of the widespread interest was the presence of up to twenty local and London reporters who attended to record the proceedings. Outside the court, a large crowd who had no chance of entry, they stood waiting and watching the arrival of the witnesses.
The accused was brought into court and listened intensively to the opening statement of the Treasury representative.
The magistrates on the bench were Mr. C Fitch Kemp, Mr. Middleton Rogers, Surgeon General Planck Mr. J F W Deacon Mr. H j Wood, and Mr. W Baldwin, Mr Cripps appeared again for the accused.
The case was opened with a half-hour speech from Mr. Sims as follows:
''In this case your worship before placing witnesses in the box, it will be desirable for me if I were to indicate to you, the details of the evidence which will be brought to you in support of this case. The charge, as you know is one of the wilful murder of a particularly cruel kind. The prisoner is a young man of 20 years of age who assisted his father and carried on himself a small business as a carrier. On Tuesday, as was his practice, he took from Tonbridge to Tunbridge Wells live calves. of which had been purchased at Tonbridge market. He had been in a habit of doing this for some time. The prisoner had a 4 wheeled van and an old brown horse. The van was not a new one and for that fact, is one that would be distinguished from other vans, and to keep the calves in the van boards were used along the sides. The fact that the horse was an old brown one would also help make it distinguishable. The prisoner had been in the habit of driving between Tonbridge and Tunbridge Wells for some considerable time, and his van is therefore well known along the road between the two places. The little girl lived with her parents at Southborough and although only 71/2 years old looked older in fact around 11 years old. Her father is a tailor working for Mr. Jenkinson of Tunbridge Wells. It was his practice to send the finished articles to Tunbridge Wells by this little girl. She had been doing this for 2-3 years and used to go 2-3 times a week between Southborough and Tunbridge Wells and a man like the prisoner, would have many opportunities to become acquainted with her''.
''On 31st December, the prisoner left Tonbridge with 8 calves in his van, which he delivered at 3 places in Tunbridge wells. He delivered some of them to a butcher called Semple, then drove to a public house called the Black Horse. There he was seen by Semples Slaughter-man named Kemp who stood and gave evidence. stating the prisoner told him he had just been to the slaughterhouse and delivered 3 live cows and he had 5 more in the van, to deliver to another person. He went away to deliver them, then returned to the public house where he had one or 2 drops of whiskey''.
''He then went to another public house called the Spread Eagle in Hawkenbury. The prisoner was with others and was drinking with them. He left the van outside with 4 calves in it. A porter named Webb entered the public house and saw the prisoner, apparently enjoying himself and about to sing a song. Webb said ''if you have 4 other calves to deliver, I will take them and deliver them'' and he did so. He then returned to the public house and the prisoner gave him a drink possibly a second one, then they parted ways. Webb and his father in one direction and the prisoner in the other. Webb fixed this time as near as possible to 4.30 pm. The prisoner at that time had nothing in his van but some straw and a nose bag.
''A man named Dean a photographer at Tonbridge knew the prisoner well. He said he had met the prisoner on the Tunbridge Wells side of a public house called the Cross Keys which was in the neighbourhood of Southborough. The prisoner was driving on the left-hand side of the road and he was then about 400 yards on the south Tunbridge Wells side of the cross keys. It is important to know he had not gone along the Powdermill Lane, for he was some 300 yards south of it''.
''The next witness to see her, further up the road was the girl Ethel Muggeridge age 13 who lived in Southborough and knew the girl very well and saw her walking along the road in the front, she described what she was wearing and that she was carrying a parcel. the witness saw her get up into a 4-wheeled van. it was a dark-colored van with a dark horse and was driven by a young man around 20 years old. the van drove off towards Southborough''.
''The next witness was Conrad Smith a carrier at Tonbridge who knew the prisoner well and also the van, that afternoon had been traveling from Tunbridge Wells back to Tonbridge and was on the hill close to the Cross Keys inn when he was passed by the prisoner in his van going the same direction''. He would say at the time the prisoner had sitting on the seat something that looked like a child but professed he couldn't be sure and it was up to the judges to decide the value of his evidence.
''The next witness was another girl Rose Dupond age 12 who also knew the deceased and was coming from Tunbridge Wells that afternoon and passed the child on the footpath carrying the parcel, she was hurrying home, and before she got to the top of the hill at the Cross Keys Public House, past Powdermill Lane. She saw a four-wheeled black colored van with a young man driving. The little girl was sitting by his side, heading towards the direction of Southborough, the time they could fix it was around 4.45 in the afternoon and this seemed to be the last confirmation of the little girl being seen alive''.
They now come to the lane known as Vauxhall Lane which is turned off the main road and was circuitous and very hilly. ''The Van came out near Vauxhall Lane and close to Primrose Hill, a steep decline leading to Tonbridge''.
''On the same afternoon about 10 - 15 mins past 5, some men had been at work in Vauxhall Lane, cutting trees and they were on route back to Southborough. bringing a cart of faggots about 300 yards from the main Hastings Road, when they saw a man standing still. They continued their way and came up to the van and one of the men instantly recognized the van as the one that travels every Tuesday with live calves. He didn't know whose van it was but recognized it instantly upon seeing it. The other men would also confirm seeing the van and would also speak of seeing on the offside of the van, between it and the fence, something of which they saw to be a small girl. It was dark at the time and it was just possible they saw the stump of a tree but to the best of their honest belief, they thought they saw a little girl. They also saw the van was a male person but could not tell if young or old. There is an undoubted fact that this was the very spot where her cap, mackintosh, ulster skirt, and petticoats were found rolled up, some were flung on the hedge, and others were on the other side''.
''At around 5.30 a man named Arthur Dean was returning to Tonbridge having been at work in Vauxhall Lane and saw a van coming towards him at a furious pace. It was a dark 4-wheeled van with one person in it but he could not see or identify who was driving it, the fact remains it was at that time a van passing at a furious pace. another man named Rowe who knew the prisoner very well would tell them on that afternoon around 5.45, he saw the prisoner driving the van down Primrose Hill, just as if he had come from Vauxhall Lane, he was driving so rapidly that Rowe's attention was directed at him, as he swung into the stable yard, so they had the prisoner undoubtedly coming from the direction of Vauxhall Lane''.
He then discussed the little girl and the frantic attempts by the parents to find her. The tragic finding of her body by Nye and Doust and the situation that followed brought them to the knife that was found in her hair. A pocket knife which was a white bone one, very much discolored with time and wear. It had 2 blades one large and one shorter. The shorter blade was sharpened almost to a point and was half opened. He then discussed the doctor's finding, as the cause of death and that upon examination there was evidence that an attempt was made to outrage the child. Counsel then described what the medical examination pointed to.
''At about 2 pm that day, a policeman was searching for the child's clothes about 300 yards from Hastings Road, just where the van had been seen standing on the previous evening. The clothes were found which had been identified by the uncle of the victim as worn by the child. It had been raining all night and it would be impossible to say whether they were blood-stained as the clothing was saturated in mud''.
''Detective Sergeant Fowle in consequence of certain information went to the house of the prisoner and saw him at 10 that night, he told him to come downstairs which he did so and the detective then said ''I want you to account to me where you were between 4 and 5 on Tuesday, when you returned from the Wells'' to which he replied ''I came from Tunbridge Wells, I came from High Brooms way, I came out of Powder Mill Lane towards Southborough then onto Quarry hill to home''.
''The witnesses that were to be called, if any credit was to be attached to it, would prove this statement that he came out of Powder Mill Lane to be false''. ''He was seen below Powder Mill Lane and instead of going down Quarry Hill, he was seen down Vauxhall Lane. he was also seen going down Primrose Hill, which was an entirely different route to Quarry Hill.
The sergeant also questioned the prisoner about the blood stains found on his clothes, to which he replied ''from the slaughterhouse''. He was then asked for his other clothes, and he gave the constable a pair of trousers, a pair of boots, and some leggings and he was then asked to go to the stables to point out the van he had been using. the sergeant was not able to examine the van as it was 10 pm and raining hard but the Sergeant searched the stables and found a recently washed handkerchief behind a beam, upon asking the prisoner about it was that he had used it to clean the horse with.
The prisoner was then asked to go to the police station, which he did so''.
He continued ''Dr. Stephenson would then tell them the result of the handkerchief.
On his shirt sleeve was found a blood stain and also other stains were found on the sleeves. Dr. Stephenson would then tell them the results of his examination of those garments. the prisoner said the stains were paint. The bench would have the evidence to show and they were able to judge whether they were of paint or blood'' The Sergeant then asked if the prisoner knew why he was being asked these questions to which the prisoner replied ''yes''. At that time there was nothing to justify making an arrest and they let the prisoner go but on 3rd January. The sergeant again went to make a careful examination of the van in daylight. He then saw stains that he thought were blood and he took possession of some straw that appeared to be blood stained. later on, the prisoner was arrested and told he would be charged with suspicion of murdering the child his reply was ''I did not go that way and I don't know anything about it''.
He then had to deal with the knife which was described earlier and was also found with blood stains and some hair adhered to it. It appears the prisoner had a friend named Tom Hawkins. The man kept rabbits and he used to get the prisoner to kill them for him when necessary, always providing him with a weapon. Hawkins would tell them just before Christmas he lent a knife to the prisoner, to kill some rabbits and he never returned it. The son of Hawkins took the knife to the prisoner and watched him use it to kill the rabbits. He remembered the occasion, as it was the first time he had seen a rabbit killed and the sight appeared to have been too much for him, as he was taken ill and went to bed. Remarkably, the child was killed by a stab wound to the left of the neck and it appears the prisoner had a habit of killing the rabbits in the same way by stabbing them in the neck.
He then said that they have the evidence of the 2 witnesses who would positively identify the knife that they had been seen that morning and picked it out, from 10 knives they were shown. The prisoner had also been shown the knife and asked if he had seen it before and he replied he had never had the knife in his possession. Mr. Sims would, however, call another witness, Mr. Emery, who was at the Tonbridge market that afternoon of the murder. The prisoner had to tie one of the calves in the van and asked the man to borrow a knife but before he could do so, the prisoner produced a knife which would prove he undoubtedly at this time at all events had a knife in his possession.
The witnesses were then called, all conveying what Mr. Sims had laid out in his opening statement.
A London news agency had arranged an interview with the accused mother Mrs Apted on Saturday 11th Jan and she gave it as a firm confirmation that her son Harold, the youngest of 12 children, did not commit the crime he was accused of. She stated that on the morning of the murder, he rose and paid visits to several Tonbridge residents, with whom he did business, shortly after 2 pm he left Tonbridge for High Brooms and Hawkenbury, taking with him eight live calves in his van, for delivery to tradespeople in the area who they were assigned to and left Hawkenbury at 4 pm, which was evidenced by the entries in a small diary belonging to her son, which she produced. The prisoner told his mother that he had journeyed by the way of Quarry Hill, which is a completely different direction to that of Vauxhall Lane. She said her son had arrived home by 5 pm and the horses were put in the stables by half 5. Having had his tea he left the house and went for a walk through Tonbridge with his sweetheart and returned home at 20 past 8 and was in his bed by 10 pm.
The inquest had resumed on Monday 13th Jan in the Market Hall at the Rose and Crown Hotel Tonbridge before Mr Buss, Coroner of the division. Mr. R Vaughan Gower, from the office of Mr. Elvey Robb of Tunbridge Wells, was present on behalf of the family and Super Intendent Styles watched on behalf of the police.
The Witnesses were called..
First was her father John O'Rourke, who repeated his evidence.
Then, the Tailor cutter Philip Bourdain was questioned, He saw Frances and gave her a parcel of clothing and a note for her father.
Frank Kemp the slaughter-man repeated his evidence, he stated he had met him at the far end of Grosvenor bridge at Quarry Road end, He was asked if the prisoner was in the habit of helping to pull the calves up to the slaughterhouse, which he replied ''not that I am aware of'', Mr Sims: ''so he would not have assisted in the slaughter of the calves?''
Kemp replied ''no'',
He was then asked if the prisoner watched him kill a calf, and he replied ''no''.
Arthur Webb, a Porter from Rochdale Road retold his evidence, with additional information, that after the prisoner left the Spread Eagle in Hawkenbury, (now known as the Hawk & Berry)
He told the court, that Apted had gone with the Porter Webb and his father, in the van to a Mr. Brotherhood, who owed the prisoner 4s, which Webb collected and gave to the prisoner, who then left them and drove off towards Calverley Road.
Arthur Dean, the photographer gave his evidence, and the young girls gave their evidence, along with Conrad Smith. Albert Bridgland, a grocer from Southborough repeated his evidence, as one of the 6 men who passed the van the afternoon of the murder. James Rowe and Thomas Doust who found her body, also repeated their evidence and then Mr. Jeffrey from the Vauxhall Inn.
Again they then adjourned, til the following Monday at the same hour, awaiting the evidence from the labs. This day of inquiry lasted 4 hours.
On Monday the 20th Jan was the conclusion of the coroner's inquiry and after an adjournment, the verdict of 15 out of 17 jurors declared that it was wilful murder against Frances Eliza by Harold Apted and the coroner was given 4 guineas to give to the parents of the deceased
On Wednesday 26th February in the court case against Apted, it was the turn of the defense.
The first witness was George Gilham, who said he saw the witness return to the stable at 20 to 5. He said he had employed the prisoner the next day, to remove some furniture and didn't think the van had been cleaned.
Then Frederick Charles Veist, a laborer at Tonbridge, said he had seen the prisoner at about 5.15 pm, in Quarry Hill Road and again at half 5 at the British Volunteers Inn in Priory Street,
Tonbridge.
The next witness was Sidney Thomas Shepherd, an upholsterer employed by George Gilham. He said he returned home to work from tea between 5.40- 5.45 pm and saw the prisoners van outside the stables. The witness helped him load the furniture the next day and never saw any blood.
Thomas Hickley, the landlord of the British Volunteer, gave witness and said the prisoner was in the bar of his house, at around 5.15 pm and seemed his condition as usual was good and that he had a soda.
The prisoner's father was a witness and said that his son had assisted him on business the day of the murder and that he had returned home at around 5.50 pm for tea. He left the house again at around 6.45 pm returned home around 9.45 pm and went to bed. (which contradicts the story given to the newspaper by the mother of the accused)
Then Frank Philip Adams said he was with the prisoner from 6.50 pm for 25 minutes and then left him with Miss Pool. (I assume this is his sweetheart mentioned) He stated that the prisoner appeared normal.
Miss May Pool employed by Miss Hollamby, said she was with the prisoner from 7.15 - to 8.15 pm
Mr. Hohler then addressed the jury on behalf of the prisoner's counsel and said that the evidence for the crown was purely circumstantial and he submitted that it failed to connect the prisoner with the murderer. Mr. Hohler reviewed the evidence and commented on the conflicting nature. (I think we can say the same for the defence witnesses)
The Jury retired and came back with a verdict of Guilty but sought mercy for the prisoner. (this may have been due to his age) but the Judge declined, due to the heinous crime of a child and sentenced him to execution by hanging.
Frances Eliza's grave had been attacked by an unknown person, The tombstone that had been placed there by her school friends. The cross had been pulled down (it remains down to this day) and the wreath was ripped to shreds, They believe it was done by the same person sending the threatening letters to the family and witnesses.
On Monday 17th March, Harold Apted was visited for the last time by his parents, his brother, and one of his sisters. They drove from the S.E. station to the prison but were recognized by several people, and in a very short time, quite a crowd of 'loafers' gathered in front of the jail gates.
The meeting was was said to be affecting in the extreme. Apted completely broke down, especially when his mother told him, she would continue to pray for him, and would never forget him. The condemned man had asserted, as he had done on previous occasions, that he ''was as innocent, as a new-born child" (those were his exact words) of the crime imputed on him, and asked his relatives, not to grieve for him. He also said that he intended to write them letters, which they would receive in the first post the next morning, and expressed the wish that they would publish it, he was anxious that everyone should be made acquainted with its content. He then kissed his parents and also his brother and sister, at the close of the meeting, which lasted an hour and a quarter. The unhappy relatives walked
back to the station.
Before the time, the Home Secretary's decision was made known, the condemned youth and his family and friends had every hope that Jury's recommendation to mercy would lead to reprieve.
The Curate of Southborough (the Rev. Agge-Large) had also obtained on Monday morning a pass permit to visit the culprit, however, he declined to see him, having informed the Governor that he wished to see none but his own congregation during that day.
The execution of Harold Apted, took place punctually at 8 am on Tuesday 18th March, within the walls of HMP Maidstone.
The execution was carried out as privately as possible, the only journalists admitted to seeing the death penalty carried out, were representatives of the Central News and Press Association.
The morning was said to be dull, the sky being overcast and grey, with no sun.
After a night in which he was said to have slept fairly well, he awoke and was supplied with the usual breakfast early in the morning but partook of it lightly.
Afterward, he was visited by the chaplain in the condemned cell, and had an interview with him.
He was allowed to take the sacrament at 7 am. Present were five people, the chaplain, the schoolmaster, Harold, and the two wardens who had been in attendance on him. All but the wardens partook in the sacred rite. The chaplain spoke a few fervent words on ''Jesus only'' and a few hymns ''Lead, Kindly, Light'' & ''Just as I am'' selected by Harold himself, were sung. He was then taken back to his call, and submitted quietly to the preparations for his death.
A few minutes before 8 am James Billington, the executioner, entered the cell and pinioned Apted's arms.
The procession then started for the scaffold, which had been erected within yards of the cell.
First walked the acting Chief Warder, followed by the Governor of the prison. Major Dandas.
The condemned man came next and walked with a firm step. The Chaplain accompanied him, reading portions of the burial service. The Executioner walked next, accompanied by his brother, who assisted him in his duties. A group of warders and the Medical Officer of the Prison, Mr C. K. Hoare, brought up the rear.
It was reported that Harold was remarkably comprised. He was a little pale but walked without the slightest support.
He walked to the scaffold unaided, and James Billington's brother pinioned his feet while his brother put the rope around Harold's neck. He made no remarks, when on the scaffold. Harold was five feet six inches in height and received a drop of about six feet. The ceremony was carried out without delay, and a few seconds after the precession entered the execution shed, the bolt was drawn and the man launched into eternity.
Immediately after the execution, the Governor requested the reporters leave the prison, and all information as to how the man spent the night or whether he made any confession, was tacitly refused.
A Central News reporter approached the Chaplain and asked if Apted had confessed, but his reply was " Yen must not ask anything about it."
A crowd of some 500 persons assembled outside the prison, which is one of the largest crowds seen since the execution of Malefactors was made public.
Maidstonians had followed an unusual interest in the proceedings all the way through.
The black Sack used for the head covering was run up at the factory and buzzers in the vicinity were blowing off at 8 am
There was no demonstration of any kind. The scaffold was erected just within the walls of the prison, and the thud when the bolt was drawn was distinctly heard by the crowd outside. The fact that the death penalty had been carried out, was known to them before the information was given out.
A man attempted to sell leaflets of some description immediately after the execution, but he was moved on by the police, and the crowd rapidly melted away.
The opinion of those who witnessed the execution, and many had seen the death penalty enforced often before, was that Apted met his fate with remarkable fortitude and composure.
The inquest on the body was held Mr.T. Bass, Coroner for the Tonbridge Division of the County, with a Maidstone jury, which Mr Metier was foreman. Having taken the oath of whom there were fifteen, proceeded to the execution shed to view the body, which lay there coffined ready for burial in the usual shell unadorned wood.
Death had taken place instantaneously dislocation the vertebra. The body, which was garbed in a blue coat and drab trousers, lay with the hands composed in one another, whilst the face was congested and slightly repulsive; the features were scarce to be recognized as those of the man who stood in the dock.
The neck was considerably swollen and beneath the left angle of the jaw, there was abrasion and considerable discoloration.
The first witness called was Major Laurence Charles Dundas, Governor of H.M. Prison in Maidstone who said he was present when the sentence of death was passed on the deceased. He was then committed to witness the charge in the prison by order of the Court.
The death sentence was carried out that morning at the entrance and was properly carried in according to law, in the usual way. He identified the body that the deceased, Harold Apted, aged 21.
Dr. Hoare, the prison surgeon, also said he was present at the execution and examined the body after death. The cause of death was the dislocation of the vertebra, and it was instantaneous.
The Coroner, addressing the jury, said there was no doubt they were aware in these cases, the law compelled that an inquest should held, but the matter was purely formal. recapitulated the evidence, and asked the jury whether they agreed the sentence was carried out according to law. this was assented to.
At the request of the Foreman, the Governor gave his consent, through the Coroner, for the jury to view the prison.
The parents hear the news of his death:
A representative of the "Kent Messenger," Tonbridge, on Tuesday morning, was the first to inform the parents of the deceased, that their son was no more and sympathetically told them that there was no scene on the scaffold, that the sentence was quietly carried out, and that nothing was known of any confession. "That is quite what we expected," replied the mother, who would have been filled with grief—quiet rather than demonstrative grief. ''We thoroughly believe his innocence''.
''I have again seen Mr. and Mrs. Apted'', writes the same representative, ''as well as Mr. Charles Apted, brother of the deceased, who say that during the many years, they have lived in Tonbridge they had never, previous to the Start of December last, heard of stain upon his character''.
The artical continues: They each spoke in terms of gratitude, about the kindness that had been shown towards them, by the officials at Jail and asked me to state that they wished to thank the many friends, in all parts of the county, who have extended sympathy to them in their great trouble. It was the parents and their son, Charles, who visited the prisoner on Monday. They were with him for rather more than half an hour, and they say that greeted them most affectionately but broke down and wept bitterly when the time came for him to bid them last goodbye. He again denied all knowledge of the murder and emphatically declared to his brother that he had never in his life seen little Frances O'Rourke, adding that the night of the murder swore that he came home by way of High Brooms and Quarry Hill. His mother believed him. ''If he were guilty'', she said, I would not wish for anything but for justice to run its course'', but she was positive that an innocent man had been wrongfully sent to the scaffold. His final intention was to stay up all night to write several letters. he said, it would be sent to her tomorrow and wished her to make the contents public. This letter was expected early morning. Even at 8 o'clock a body of pressmen awaited its arrival. It did not, however, reach the family until 5.30 pm and was shortly afterward made public.''
Sergeant Fowle, who has been closely connected with the case, had received a letter of commendation from the Home Office.
LETTERS FROM APTED.
Apted had written several letters, and the five following, were published in newspapers
H.M. Prison, Maidstone, March 3rd 1902.
My Dear Mother and Father, —I expect you to think that I have forgotten all about you, but is not so. I hope, dear mother, you will soon be better, also dear dad. I expect this trial has upset you more than ever. I never thought this was to be my let; but still. I suppose I shall have to bear it. must still look on the bright side "Of things, and not get downhearted. There are better days in store for us, not in this world, but in the next; and you all know that life is drawing close every day. If it pleases to land safely on the other side, all will be well. I have nice prayers with the chaplain, which give me more strength to bear my burden, and have had a beautiful letter from Rogers, the missioner in Tonbridge, with very nice words in it. Now, dear mother, I shall be pleased to see you and Dad, and any of the others, at any time you like to come down, and I hope you will come soon. I will now close by wishing Dad many happy returns of the day. May God bless and comfort you all your loss, and may God answer your prayers, for His name's sake. Goodbye, until I see you. Three or four of you can come at once. Am quite well. I remain your loving son, (Signed) Harold Amos Apted. P.S. —Remember to all friends.
The second letter is dated Tuesday, after the date the execution had been fixed: H.M. Prison, Maidstone, March 11th 1902.
Dear Mother and Father,—Just a few lines to let you know I received your letter quite safely; pleased to hear that you and all are keeping fairly well, as am I, at the present time of writing. I was pleased to see Charlie, Nellie, and Jimmie yesterday. had no time together. Now, dear Mother, I hope you and Dad will come down soon, the time is fixed for March 18, unless anything else turns up. Give my love to all my friends. I will be close, with love to all at home, and may God bless you all. Write soon. From your loving son, (Signed) Harold Amos Apted. Blessed is that overcometh; not that is overcome.
H.M. Prison. Maidstone, 15th March, 1903.
My dear Mother and Father, Soon after you were gone Saturday, the Governor informed me that the sentence of death is to be carried out Tuesday morning at eight o'clock, so I want you and Dad to come and see for the last time on Monday afternoon. I would rather you come than anyone else, you won't disappoint me, will you, dear mother, because I shall not feel happy if I do not see your face again. I expect this will be the death of you and dear Dad, but we shall meet in heaven.
If we ask God to forgive us our sins, He will surely pardon us.
I know, dear mother, that I did not live how I ought to have done when I was at home with you, but I knew you would forgive me for not doing as you bid do.
All I hope now is that you and all will earnestly pray for me, and ask God to sustain you in your bereavement, and that will open my eyes to see the solemnity of my position and make me more fit for His presence.
Now, dear mother, I will pray for you and all my brothers and sisters.
Give my love to all my friends at Tonbridge. I will now close with much love to you and all at home. I expect this will be the last letter I shall write you, so goodbye, and God bless you and keep you all. I remain, your loving son, Harold Amos xxxxxxxx Goodbye.
P.S.—if you have time, let me know if you are coming. Try and come, in the afternoon.
To his sweetheart Apted wrote March 12th Dear____, I now take the pleasure of answering your letter of the 7th inst., and I hope this will find you quite well, as it leaves me at present. You say in your letter you believe I'm innocent. Well, I can tell you candidly I am the same today as I was when I was born. Isn't that sufficient for you If not, I can't say no more. The conclusion of the letter was an affectionate farewell to the young lady.
LAST LETTER TO HIS PARENTS. He wrote the following letter to his family on Monday night: His Majesty's Prison, "Maidstone, March 17th, 1902.
"My Dear Mother. Father, Sisters, and Brothers,—it is with great pain I write this letter to you. It seems hard to leave you so soon; but still, I hope and trust the grace of God to spend the rest of my life in that promised land, where God shall wipe away all tears from our eyes.
I hope, dear mother, that we shall all meet in heaven. You can rest assured that I have received that peace from God, through Jesus Christ our Lord, Who has pardoned all my sins. He, hating the sin, still loves the sinner. Dear Mother, by the time you get this letter, I shall be no more on earth; but I shall, by the help of the Holy Spirit, in the presence of God. What a glorious meeting that will be when we meet to part no more. Dear Mother and Father, I do not think can write anymore, but it does seem hard for me to leave you. but is be with God, Who alone will sustain and comfort you in your sad bereavement. Trust in Him, and he will help you all. "Believe in the Lord Jesus Christ, and be saved." Now I shall say Goodbye and may God bless you. Put your faith in Him, for His Name's sake. Amen. "From your Son. "HAROLD." "PS.—The hymn we shall sing here at 8. o'clock tonight will be, "Lead, kindly Light''
The hymn referred to was doubtless sung at a special service held in the prison Monday night.
His body was buried at the Prison Cemetery.
And what came of the threatening letters? did they catch the culprit? check out Blog 8, as I uncover that mystery.
Life after for the O'Rourke family.
The family had moved to 31 Belgrave Road Tunbridge Wells
John O'Rourke died at home on 18th June 1908 age 37, from Brights Disease, Debilitating Bronchitis and eventually Cardiac Failure, no doubt the stress of the trial, the threatening letters along with the guilt of his daughters death, all took a toll on his health. He was buried on 22nd June at Tunbridge Wells Cemetery in Benhall Mill Road, Tunbridge Wells
Frances then became a Tailor to support her and the girls and life went on.
Daughter Kathleen Maud never married and died on 17th March 1931 age 35 from Epileptic insanity at Oakwood Mental Hospital at Barming Kent and was buried in the same plot as her Father on 21st March
Sadly just 5 days after they buried Kathleen, on 26th March 1931, Frances died at home, age 59 from Bronchopneumonia and was buried on 31st March with her husband and Daughter.
Ellen Norah its unclear if she married, if she did, she divorced as death record newspaper death notice and a thankyou notice after the death of her mother, all give her surname as O'Rourke, she died age 82 on 25th Mar 1981 at Tunbridge Wells Hospital and was cremated 3rd April at the Kent and Sussex Crematorium Benhall Mill Road, Tunbridge Wells
Bertha Violet married at age 18 to Percy Amos Keeley and they lived in Burwash Sussex. They had a son Reginald Percy on 24 May 1919 but he died age 4 months and was buried at the parish cemetery on 24 Sep, then Daughter Marguerite Ann (Peggy) was born on 11 Apr 1921.
Bertha died in Burwash age 81 on 5th Oct 1981 and was created on 9th Oct at Kent and Sussex Crematorium Benhall Mill Road, Tunbridge Wells
Sources
1. Kent & Sussex Courier (1902) ‘ Tonbridge Tragedy’, 17 January, pp. 4-4
2. Kent & Sussex Courier (1902) ‘ ARREST OF A TONBRIDGE MAN ON SUSPICION’, 08 January, pp. 2-2
3. Shields Daily Gazette (1902) ‘ THE SHOCKING MURDER AT TUNBRIDGE WELLS’, 26 February, pp. 3-3
4. Brighton Gazette (1902) ‘ The Tonbridge Murder ’, 23 January , pp. 2-2
5. Coventry Evening Telegraph (1902) ‘ Harold Apted Trial ’, 26 February , pp. 3-3
6. Croydon Observer (1902) ‘ Tunbridge Murder EXECUTION OF APTED’, 21 March , pp. 8-8
7. Kent & Sussex Courier (1902) prisoner awaiting trial', 29 January, pp. 4-4
8. Echo (London) (1902) ‘ A shocking outrage’, 13 March , pp. 2-2
9. Sussex Agricultural Express (1902) ‘ Impressive summing up by the coroner’, 25 January, pp. 3-3
10. Kent & Sussex Courier (1902) ‘ Apted Excecuted’, 21 March, pp. 8-8
11. Bring your backstory to lifeTM (no date) Ancestry® | Genealogy, Family Trees & Family History Records. Available at: http://www.ancestry.co.uk/ (Accessed: 09 February 2024).
12. Archive, T.B.N. (no date) History’s colorful stories in black and white, Home | Search the archive | British Newspaper Archive. Available at: https://www.britishnewspaperarchive.co.uk/ (Accessed: 11 February 2024).
13. The central database for UK burials and cremations (no date) Burial records, cremation records, grave maps at Deceased Online. Available at: http://www.deceasedonline.com/ (Accessed: 11 February 2024).
14. General Register Office (no date) General Register Office - Online Ordering Service - Login. Available at: https://www.gro.gov.uk/gro/content/certificates/ (Accessed: 12 February 2024).
15. Pictures and historical info from Wikipedia https://www.wikipedia.org/
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