Carolina Witting

Caroline Witting, a, Prussian immigrant, was tried for drowning her three youngest children in a South Island creek in 1872. The case shares striking similarities to other incidents of murder and attempted suicide uncovered in this study; nonetheless, this mother was found guilty of murder and sentenced to hang for her crime. Caroline Witting was in an abusive relationship with a violent man who was convinced that their youngest child was not his. She had spent two months in hospital suffering from depression and 'mental derangement' after the birth of the child – witnesses attested to her being delusional, suicidal, and having 'a mind that was not properly balanced'. In the ten months since the birth she had complained constantly of headaches that she feared would 'bring her to something that she was not aware of'. After a heated marital argument, Caroline took four of her children to the Waikiwi Creek where she first attempted to drown nine-year-old Augusta. The child escaped to the far side of the creek where she witnessed the murder of her three young brothers. Augusta testified that her mother had kissed the baby and told him 'goodbye' before throwing him into the water. She also reported that her mother told the other boys, aged eight and four, to 'go down and she would come to them' as she held them under the surface of the water. Caroline was discovered the next morning wandering in the bush in her petticoat and a pair of sheepskin slippers, and 'in a great state of mud and wet'. Source: THE OGRESS, THE INNOCENT, AND THE MADMAN: Narrative and Gender in Child Homicide Trials in New Zealand, 1870 - 1925 by Debra Powell.

Invercargill. (From our own Correspondent.) The week since my last has been productive of the most horrible tragedy it has ever been my lot to come into contact with. The record, in the simple circumstances of the case, without the corroboration which judicial investigation has given to the horrible affair, would be to most minds a something which must inevitably be rejected as grossly and literally untrue. Within three miles of Invercargill, a German settler, named Witting or Vitting, has resided with his wife and a family of children for the last eight or nine years past. The man was formerly the possessor of a homestead and fifty or more acres of land, upon which he worked, and was reckoned to be getting along comfortably. Some three or four years since he got into difficulties, and his land passed from him. He then removed to a short distance, where he has since remained on sufferance. The loss of the property induced the man to go away from home in search of work, and he has been frequently away for a considerable time, his wife not hearing of or from him in the interval. It is supposed that the first trouble of the loss of the homestead preyed upon the mind of the wife, and the further trouble of the husband's absence, with a bad state of health for some months recently, had brought about melancholy, and perhaps uneasy forebodings as to the future. Be that as it may, there is good reason for believing that for long past the reasoning powers have not been balanced, although the perception of the difference between right and wrong may have existed. The woman appears to have thought much of her family and to have striven to do all in her power for her children. On Saturday afternoon last she left her horne — taking with her four children, the youngest being eleven months, and the eldest (girl) nearly if not quite 9 years — on pretence of going down the tramway to look for a cow. The dwellinghouse being in the face of the Waikiwi bush fronting the Riverton road from Invercargill, the bush had to be gone through before the Waikiwi river could be reached, and the woman and children had thus to travel a mile and a half. When the river was reached Mrs Witting said she would like to go and examine her son's eel pot there; he being in the habit of going to this place to fish. After examining the pot and reporting to the children — who were upon the bank, which at that place is steep, the river itself being then high — that it was empty, she suddenly pushed the eldest girl into the stream, and threw the youngest in. The eldest girl was carried down by the current and was providentially able to scramble out by means of some drift wood which had lodged across the river a little lower down, and upon reaching the bank, saw her mother holding her two brothers in the river. There were men working near, and probably, if the child had thought of this, the calamity might not have been as fearful; but her first thought, and that upon which she acted, was to run home and tell an elder sister. The alarm was raised, and the bodies of the three children were recovered, but of course too late. The mother, who, after perpetrating the deed, had taken to the bush, was found about midday on the following day (Sunday). On Tuesday the coroner held his enquiry, and the jury returned their verdict against the mother of "Wilful Murder." I think — the evidence of premeditation to the contrary notwithstanding — that my own idea as to the diseased condition of the poor woman's mind is the correct one, and that physicians skilled in the phases of mental disorders and their development, will pronounce her insane; but this is a point which I may be excused taking upon myself to settle. Source: Bruce Herald (30 October 1872).

SUPREME COURT. MURDER.Caroline Witting was placed in the dock, charged with the wilful murder of her three youngest children, Frederick, Carl, and John Witting, at Waikiwi, on 19th October last. The prisoner pleaded not guilty. The prisoner being undefended by counsel, the task of watching the case on behalf of the prisoner was assigned by His Honor to Mr Wade. Mr Harvey, having briefly addressed the jury, describing the nature of the evidence to be adduced, called: Annie Witting, 13 years of age, a daughter of the prisoner, who stated that on the morning of the 19th October, the family had breakfast at seven o'clock, her mother going about her duties as usual. Her mother and father had some words. Her mother wanted her father to take a constant job at Mr Richter's. Her father said he did not want it. There was no quarrel. Her father and mother had been living on good terms. (Being admonished by the counsel to tell the truth, the witness said in reply to the Judge that they quarrelled sometimes.) A few angry words passed. His manner was angry when he spoke to her, and her manner was angry when she spoke to him. He was swearing, and cast up things that had happened before. He said she had been spending more money than she had need to. Was quite certain he said nothing about the baby. After breakfast her father left for his work. Her mother went about her work as usual all day, and made no unusual remark. At four o'clock she said she was going down the tramway to look after a cow. She told the little children to go with her, Augusta, Freddy, and Charley; and Johnny was in her arms. There was nothing unusual in her manner. Witness and her sister Lina remained in the house. Augusta returned, more than half an hour alter, all wet, and frightened. She told what had happened. Witness went and called some men to her assistance. About 10 o'clock at night saw her three little brothers brought home, Freddy, Charley, and Johnny, all dead. Cross-examined by Mr Wade — Had no talk with her father about what she was to say. Never knew her father ill-use any of the children. Never heard the father say that the baby was not his. Her father and mother were often quarrelling. Her mother, a week or two before the occurrence, said that but for the children she would do away with herself. She said that without any apparent cause. Remembered her mother having to stop out of the house all night in the bush, four or five years ago, because her father had been ill-using her. Her mother was in the hospital after the birth of the baby. Augusta Witting, nine years old, daughter of the prisoner, said that she remembered her mother taking her with baby, Charley, and Freddy out for a walk. They went down to the fishing stand at the Wailkiwi creek. Her mother put her into the water, pushed her in, but she got out. Saw mother holding the two boys down in the river. She put the baby in. She threw him in. He sank down. He was out of sight. The next one she put in was Carl. When she was holding the two boys down she was kneeling down on the side of the river. She told the boys to go down, and she would come too. She said "Good-bye" after she had put them in. Went home. (At this point, the prisoner, appearing tired, was, at the request of Mr Wade, accommodated with a chair). Cross-examined — There was a quarrel between her father and her mother in the morning. Noticed something unusual about her mother that day. Could not describe it. John Sinclair deposed that in consequence of what the eldest girl Witting said to him, he and two men named Cahill and Trainer went to the Waikiwi creek, about a mile in a northerly direction from where they were working, near Witting's house. The creek was flooded, running a little over its banks. As soon as he came to the creek, he saw one of the bodies floating in a standing position, with the head hanging down. It was the body of the second youngest boy. Got a long pole, drew it to the bank, and took it out. It was quite dead, not quite cold. The creek might be seven or eight feet in parts and in other parts about five feet. Saw some spars stretched across the creek further down. The body of the baby was caught by the spars just about the centre of the creet, floating with its back up, just below the surface of the water. Tried to get it out with the pole, but could not; it was stuck among the spars. Made a noose on a flax line and put it on a pole. Got it at last round the baby's wrist, and pulled it out. The creek was deeper there. The baby was quite dead, but not so cold as the other. Then Witting's eldest son, Albert, came. After a time the body of the other boy was found by Albert Witting and Trainer. Left the bodies on the bank, went into town, and gave information to the police. Samuel Morton described finding the prisoner in the bush next day, standing by a fallen tree, between Russell's and Mair's fences. Had three dogs with him. Found her by the dogs barking. She looked wild, like a wild animal, with a glare in her eyes. Her superior faculties appeared to be suspended. Witness mentioned his name and asked if she knew him. She said no. She had known witness for many years. Asked if she were not cold, being in the bush on such a wet day. She said she was. Offered her something to eat which he had with him, but she refused it. She then said that witness had one of her son Albert's dogs, looking at one of his. The dog was just about as dissimilar to Albert's dog as could well be. She then asked for her eel-bag, which she said she had left on the track. She asked witness to go and look for it. Witness said "Never mind," and asked her to come with him, which she did. Took her to Mr Russell's house. Cross-examined. — She appeared as if she had lost her reason. She always broke the conversation, and turned to something else. She said she would get into trouble with her husband for staying away so long; that he would beat her. Thought she was mad, and treated her somewhat like a lunatic, speaking in a soothing manner. Nothing was said about the children. She said she had gone down to get some eel-lines out of the water, that she had put them in the eel-bag, and lost the bag, and she seemed in great trouble about the bag. She had no gown on, it was a petticoat, no stockings, a pair of sheepskin slippers, and flannel tied under her chin and pinned on the top of the head. She was in a great state of mud and wet. Albert Witting, eldest son of the accused, stated that on the morning in question, his father and mother had a quarrel. His father told his mother that she liked other men better than him. He made no remark about the children. His father and mother often quarrelled. Came home between five and six, or a little later. Heard what had occurred, went to the river, and saw the body of his little brother lying on the bank. Sinclair and Trainer had just found the baby; it was dead too. Witness and Trainer found the other brother further up the river, in the water, lying on his back, under the bank, with his hands up, and one of his feet in the mud. Got him out; he was dead. Went with Sinclair to the police; went back with the police to the river, and saw the bodies carried home. Cross-examined. — Thought that in general his father was the cause of the frequent quarrels between his father and mother. Remembered his mother being out of the house all night on several occasions, because his father was in such a temper that she went out of his road. The children used to get out of his way then, very often, for fear of violence from him. His mother was crying that morning when he went away. Very often heard his father tax his mother with liking other men better than him. Augusta Witting, recalled, stated that on the way to the creek, her mother took off her (the mother's) outside frock, and left it on a stump, not very far from the house. She had stockings on when she left. She had leather slippers, not boots. She had a round hat on her head, had it on when witness last saw her. Sub-Inspector Fox described the finding of the bodies, and the arrest of the prisoner. This closed the case for the Crown. It being then a quarter from one o'clock, the Court adjourned for an hour. On the Court resuming, Mr Wade opened the case for the defence. He admitted it was quite possible that even at that stage of the case the jury might be satisfied that the prisoner had caused the death of the three children who were drowned, and in any case he was not provided with any evidence to the contrary. But the actual defence — what was meant by pleading not guilty — was not that the prisoner had not committed the act with which she was charged, but that at the time she was not in a state of mind to be held accountable for what she was doing. If this defence were established, the jury, even though satisfied that the death of the three children was the act of the prisoner, would still be justified in bringing in a verdict of "Not Guilty," on the ground of insanity. The issue was not whether the prisoner was insane at the present time, but whether the death of the children was the act of the prisoner, and whether, if satisfied of that, the jury held that the prisoner, at the time of the act, was of sound mind, and responsible for what she was doing. To establish this plea of insanity at the time of the offence, he would call witnesses, whose testimony, he had no doubt, would be convincing to the jury. From this evidence, he would be able to show that the prisoner's mind was unhinged, and that she was in such a state as to be held irresponsible, legally, for any act she might have committed in such a condition. William Panton Grigor, medical practitioner, residing in Invercargill, attended the prisoner in her confinement, twelve months ago, and about three weeks or a month subsequent to her confinement, when she was suffering from inflammation of the liver. There were no traces of puerperal fever. Noticed nothing at that time of her state of mind. She was under treatment in the hospital subsequently, for a month or six weeks. She seemed very depressed, dull, and desponding. Suspected nothing wrong with her intellect, although the depressed state in which she was attracted his notice. Janet Harrop, matron of the Invercargill hospital, deposed that when the prisoner was in the hospital, she was very low and dull in spirits for the first three weeks. She complained a great deal of her stomach and her head. Found her twice in the night sitting up in bed crying; she said she could not lie down for giddiness in her head. She could not eat. She said more than once that her head would bring her to something that she was not aware of, by the way she felt. Thomas Perkins, accountant in Invercargill, and one of the Hospital Committee, stated that about twelve months ago the prisoner was very ill, that he and his wife often called on her at that time, that she evidently had great trouble on her mind just then, and that he came to the conclusion that her mind was not properly balanced. In the hospital afterwards, he observed the same flightiness and inability to connect two ideas. Samuel Dyer, teacher, living at Waikiwi, said that about six weeks after the baby was born, the prisoner sent for him, being very ill. She seemed to think that her children were starving, and was troubled about what the baby was to take. She had nothing to give it. Found that the children had enough, and that they were milking six cows, so that the baby had plenty. Cross-examined.— It did not strike witness that Mrs Witting was out of her mind at that time. Mr Wade, in a speech of great ability, which we regret our limits do not permit of our reproducing, then addressed the jury. He dwelt on the unnatural and improbable character of the act attributed to the prisoner, if the evidence as to the facts were to be believed, and contended that in itself it was a presumption that she must have been of unsound mind at the time it was committed, if it had been committed at all. This presumption, he further contended, was strengthened by the evidence produced for the defence, as to the prisoner's state of mind, both before and after the death of the children, to such an extent as would justify the jury in returning a verdict of not guilty, on the plea of insanity. Mr Harvey, for the Crown, went over the evidence as to the facts, which he considered was convincing, and analysed in detail the evidence for the defence, pointing out in what respects and to what extent it appeared to fall short of a justification of the plea of insanity, as a ground on which a verdict of not guilty could be based. The unnatural and terrible character of the crime proved against the prisoner was not in itself sufficient to establish such a plea, nor had it been established by the direct evidence adduced as to the prisoner's state of mind, either before or after the occurrence. The jury had undertaken to find a true verdict, according to the evidence; and that duty he appealed to them to discharge, irrespective of any other consideration whatever. The Judge, in a most elaborate and lucid manner, summarised the evidence as to the facts of the occurrence, and also as to the defence, on the ground of the alleged insanity of the prisoner. The acts attributed to the prisoner he held had been conclusively proved. The law, he explained, required that to justify a verdict of acquittal on the ground of insanity, it should be shown to the satisfaction of the jury that the prisoner was at the time of the act, either in such a state of mind as to be incapable of understanding the nature of the act itself or of knowing whether it was right or wrong. If the jury were satisfied that sufficient evidence had been adduced to prove that the prisoner's state of mind at the time justified either of these suppositions, it was their duty to return a verdict of acquittal, on the ground of insanity. If not, there was no middle course. The crime attributed to the prisoner could not be designated as other than wilful murder. The jury retired to consider their verdict. After the lapse of an hour and a half, the jury returned to Court. Great interest was manifested in the result, and before the Judge took his seat on the bench, every available portion of the building was crowded; and perfect silence prevailed throughout the numerous audience when the foreman, after the usual formalities had been gone through, returned a verdict of "Guilty." The prisoner (who appeared for the first time to realise her position), exhibited manifestations of great nervousness, and in reply to the usual question, said that she remembered going out in the afternoon with the children, but that after that she remembered nothing more. His Honor, who seemed much affected, then addressed the prisoner, in scarcely articulate tones, as follows: — Caroline Witting, the jury have found you guilty of the murder of your three youngest children. Concurring as I do in the verdict, I have to say that the question was raised as to whether you were in a sound state of mind at the time you committed the act. The jury have negatived that defence; and, I think, properly. They could hardly have come to the conclusion that you were so deranged as not to know what you were doing; or knowing it, not to know that it was wrong. I have to pass upon you the sentence of the law, which is that you be taken to the place from whence you came, and thence to the place of execution, and there be hanged by the neck until you be dead, and that your body be buried within the precincts of the gaol. May the Lord have mercy on your soul! The prisoner was removed in a hysterical condition. Source: Southland Times (22 November 1872).

It will be a matter of pleasure to our readers to learn that by telegram received by the Sheriff, H. McCulloch, Esq, the sentence of death passed upon the prisoner Caroline Witting has been commuted to that of penal servitude for life. The intelligence was conveyed on Wednesday evening last to the prisoner, who received it without displaying any emotion. Source: Southland Times (6 December 1872).

A woman named Caroline Witting, a native of Berlin, Prussia, was received into the Gaol on Saturday evening, escorted by Constable Sullivan, of the Bluff. The prisoner was convicted at the Supreme Court, Invercargill, on the 20th November, 1872, of murdering three of her children (under circumstances detailed in our columns at the time), and was thereupon sentenced to death. Her case was represented, on the 5th December last, to His Excellency the Governor, who was pleased to commute the sentence to penal servitude for life. Source: Otago Daily Times (21 July 1873).

Sources

1. Bruce Herald (30 October 1872).
2. Evening Star (12 December 1872).
3. Otago Daily Times (21 July 1873).
4. Southland Times (22 November 1872).
5. Southland Times (3 December 1872).
6. Southland Times (6 December 1872).
7. THE OGRESS, THE INNOCENT, AND THE MADMAN: Narrative and Gender in Child Homicide Trials in New Zealand, 1870 - 1925 by Debra Powell https://researchcommons.waikato.ac.nz/bitstream/handle/10289/7349/t...