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CARRUTHERS family file: The Fatal Quarrel - James Henry LEGG 23 June 1892, Barraba / Manilla River NSW Australia



by allycat
on 2008-07-18 17:47:52
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On a cold, frosty night on Thursday, 23rd June 1892, James Henry LEGG (carrier), brother of our ancestor Leah LEGG died in a tragic domestic dispute. He was killed by his wife at their house 8 miles from Barraba on the Manilla River. The report in the "Tamworth News" on Tuesday, June 28, 1892 began:-

"...Early on Friday morning last, the townspeople were startled with a report that James LEGG, a well known resident, had been killed during a quarrel with his wife and further enquiries proved the report to be true. The deceased, who was a powerful man, and his wife had never lived happily together and were constantly quarrelling. Except the eldest boy, no one so far is known witnessed the occurrence which took place at night and the statement of the boy at the inquest does not throw much light on the matter. It will be seen by the evidence that Mrs LEGG admitted doing the deed, the weapon used being a switch stick about three feet long and five or six inches in circumference..."

In the early hours of Friday 24th June Mrs Elizabeth Legg was charged with murder by Senior Constable JOHNSON at Plumthorpe Station where she had gone for assistance after a violent dispute with her husband. An inquest began on Saturday 25th June and was held before Mr Corbett Lawson and a jury comprised of James BOOTH, E.TURNER, J.ROSE, W.DOUGLAS, J.MCALPINE, S.LILLIS, H.SAUNDERS, B.CHAMBERS, A.WITTEN and A.CUTMORE. Accounts were heard from a variety of witnesses and Mrs LEGG herself. The jury returned a charge of manslaughter on Monday 27th June 1892. Five weeks later, on the 2nd August 1892, Mrs Legg was tried, apparently in Tamworth on this charge. Evidence was heard from witnesses including a Dr Loftus CAMPBELL, Senior Constable JOHNSON, Alfred James LEGG (son of Elizabeth and James), Cl ifford WILSON (part owner of Plumthorpe), and Alfred MARKWELL (overseer of Plumthorpe). It was revealed that James LEGG had a long record as a very cruel, violent man. Particular incidents which were revealed included his having tied his wife up behind a dray, inflicted severe injuries upon his young daughter, broken his brother-in-law's leg and having being gaoled for in Tamworth for acts of violence. He had been summoned and arrested a total of 23 times in the past eight years.

Most importantly the trial also revealed that Elizabeth LEGG had unintentionally killed James LEGG when defending herself against a knife attack.

In the final stage of the trial, the Judge stated "...I think with regard to all the circumstances of this case that it would be properly met by a nominal punishment it becomes lawful for me under the section I have been referred to, to discharge you without asking you return any verdict. And that operates as an acquital. I discharge you gentlemen (the jury) without you giving a verdict." ...Mrs Legg you are discharged".

Mrs Legg replied, "Thank you Sir".




Unconfirmed research indicates that Mrs Legg later moved to Bingara and raised her family there.

Surnames: BOOTH CAMPBELL CARRUTHERS CHAMBERS CUTMORE DOUGLAS JOHNSON LEGG LILLIS MARKWELL MCALPINE ROSE SAUNDERS TURNER WILSON WITTEN
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Comments

by SLasister on 2008-07-31 08:22:29

Any information as to any of her childrens names???

by allycat on 2008-07-31 18:34:55

Possible children's names here - NSW Registrar of Births, Deaths & Marriages

I think the wife's maiden surname was RUMSBY and they were married in 1875 at Warialda NSW.

by garcar1 on 2008-12-02 17:55:31

Here's the family
regards
Gary Carruthers

1. BENJAMIN RUMSBY
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Notes:
This branch courtesy of Kate Martinson, Southampton, UK.
<kate.martinson@cwcom.net>
AND
Russell Thurling, Blue Mtns, NSW
<thurrana@pnc.com.au>

Spouse: MARY JOHNSON

Children: BENJAMIN
CHARLES
SARAH
ELIZABETH
NOAH
JOHN
WILLIAM
CAROLINE

1.1 BENJAMIN RUMSBY
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Birth Date: 1808
Birth Place: FRESSINGFIELD, UK

1.2 CHARLES RUMSBY
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Birth Date: 1809
Birth Place: FRESSINGFIELD, NSW

1.3 SARAH RUMSBY
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Birth Date: 1814
Birth Place: FRESSINGFIELD, UK

1.4 ELIZABETH RUMSBY
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Birth Date: 1817
Birth Place: FRESSINGFIELD, UK

1.5 NOAH RUMSBY
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Birth Date: 1820
Birth Place: FRESSINGFIELD, UK

1.6 JOHN RUMSBY
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Birth Date: 1822
Birth Place: FRESSINGFIELD, UK

1.7 WILLIAM RUMSBY
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Birth Date: 1824
Birth Place: FRESSINGFIELD, SUFFOLK

Notes:
ARRIVED WITH WIFE , MURIEL & HER BROTHER IN SYDNEY ON "CASTLE EDEN" IN APRIL, 1851.

Spouse: MURIEL THURLING
Birth Date: 10 Nov 1828
Birth Place: HARDINGHAM, NORFOLK
Death Date: May 1894
Death Place: PALLAL, WEST BINGARA, NSW
Burial Date: May 1894
Burial Place: PALLAL, WEST BINGARA, NSW
Medical: DIED OF PERITONITIS
Spouse Father: WILLIAM THURLING
Spouse Mother: MARY

Spouse Notes:
ARRIVED WITH HER HUSBAND (WHO SHE MARRIED ONBOARD, ENROUTE), AND HER BROTHER, JAMES IN SYDNEY ON "CASTLE EDEN" IN APRIL, 1851.

(NOTE THAT HER MARRIED SURNAME WAS INCORRECTLY RECORDED ON HER MARRIAGE CERT AS "BURNSBY".

SHE DIED WHILE TRAVELLING WITH HER SON, JOHN TO VISIT DAUGHTER ELIZABETH AT ELCOMBE. FLOODS AT THE TIME PREVENT ACCESS TO ANY OF THE LOCAL MAJOR TOWNS & LOCAL LANDOWNER AUSTIN MACK OF PALLAL, WEST BINGARA PERMITTED HER BURIAL ON HIS FARM ON A HILL ABOVE THE PALLAL HOMESTEAD.

Marriage Date: 6 Jan 1851
Marriage Place: Onboard "Castle Eden"

Children: RICHARD WILLIAM
CAROLINE M.
HARRIET
ELIZABETH
JOHN
PHILLIP
SAMUEL
JAMES L

1.7.1 RICHARD WILLIAM RUMSBY
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Birth Date: 7 Jan 1852
Birth Place: MORPETH, NSW
Death Date: 1919
Death Place: BARRABA, NSW

Spouse: JACOBINA FLORY

1.7.2 CAROLINE M. RUMSBY
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Birth Date: 1853
Birth Place: PATERSON, NSW

1.7.3 HARRIET RUMSBY
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Birth Date: 1855
Birth Place: PATERSON, NSW

1.7.4 ELIZABETH RUMSBY
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Birth Date: 1857
Birth Place: PATERSON, NSW

Notes:
MURDERED HER HUSBAND - REFER HIS PHOTOS FOR NEWSPAPER REPORT.

AT THE TIME OF HER MOTHERS DEATH IN MAY 1894, ELIZABETH WAS STAYING WITH THE LEGG FAMILY AT ELCOMBE, NSW.

Spouse: JAMES HENRY LEGG
Birth Date: 1849
Birth Place: ENGLAND
Death Date: 1892
Death Place: MURDERED BY WIFE NEAR PLUMTHORPE BARRABA
Spouse Father: STEPHEN LEGG (1825-1902)
Spouse Mother: ELIZABETH JANE GRAY (1814-1896)

Spouse Notes:
See photos attached for murder details.

Marriage Date: 1875

Children: MARY ELIZABETH
ELIZABETH
ALFRED JAMES
HENRY C
LEAH H
EMMA
BEATRICE
WILLIAM S

1.7.5 JOHN RUMSBY
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Birth Date: 1859
Birth Place: PATERSON, NSW

Notes:
WITNESSED MOTHERS BURIAL.

1.7.6 PHILLIP RUMSBY
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Birth Date: 1861
Birth Place: PATERSON, NSW

1.7.7 SAMUEL RUMSBY
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Birth Date: 1865
Birth Place: PATERSON, NSW

1.7.8 JAMES L RUMSBY
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Birth Date: 1868
Birth Place: PATRICK'S PLAINS, NSW
Death Date: 1881
Death Place: TAMWORTH, NSW

1.8 CAROLINE RUMSBY
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Birth Date: 1830
Birth Place: FRESSINGFIELD, UK

Spouse: Frederick HISCOCK

Children: Rose May

1.8.1 Rose May HISCOCK
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Birth Date: 3 Oct 1890
Birth Place: Gatha Street Barraba, NSW Australia.
Death Date: 10 Feb 1967

Notes:
--Other Fields
_FA1: Place: Rose May Tolley buried13 February 1967,
_FA2: Place: Uralla Cemetery NSW Australia.

Spouse: Herbert James TOLLEY
Birth Date: 3 Sep 1885
Birth Place: Yarrowyck, Via Uralla, NSW Australia
Death Date: 25 Feb 1944
Death Place: Rocky River, Uralla, NSW Australia.
Spouse Father: Richard TOLLEY (1845-1906)
Spouse Mother: Catherine Ann GEARY (1854-1906)

Spouse Notes:
--Other Fields
_FA1: Place: Herbert James Tolley buried 26 February 1944
_FA2: Place: Uralla Cemetery NSW Australia.

Marriage Date: 1 Mar 1911
Marriage Place: St Lawrence church Barraba, NSW Australia.

Children: Joan May
Neville Herbert
Richard Frederick
Ronald Victor
Ernest Herbert
Iris Kathleen


Index
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HISCOCK, Rose May 1.8.1
RUMSBY, BENJAMIN 1.
RUMSBY, BENJAMIN 1.1
RUMSBY, CAROLINE 1.8
RUMSBY, CAROLINE M. 1.7.2
RUMSBY, CHARLES 1.2
RUMSBY, ELIZABETH 1.4
RUMSBY, ELIZABETH 1.7.4
RUMSBY, HARRIET 1.7.3
RUMSBY, JAMES L 1.7.8
RUMSBY, JOHN 1.6
RUMSBY, JOHN 1.7.5
RUMSBY, NOAH 1.5
RUMSBY, PHILLIP 1.7.6
RUMSBY, RICHARD WILLIAM 1.7.1
RUMSBY, SAMUEL 1.7.7
RUMSBY, SARAH 1.3
RUMSBY, WILLIAM 1.7

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