The Tragedy at Towitta (Part 8) – The Aftermath of a Famous Trial

 Mary Schippan was now the most famous person in South Australia. Her trial had received media attention across the country. There was celebration right across South Australia after the trial when local newspapers released special editions to get the word out of her 'Not Guilty' verdict.

  The stay in Adelaide Gaol and the trial had worn Mary and her family down. The public accusations and details about her sister’s death, and Mary’s sinful actions with Gustave Nitschke had ruined their reputations.

 The family returned home in secret from Adelaide, and in the time Mary had been in prison, Matthes had seen to it that the house had been lime-washed and everything cleaned from top to bottom.

Around Towitta a rumour began to take hold that in fact, it was Matthes who had done the brutal killing. The rumour points to an Afghan Camel herder killed some years before near Sedan that Matthes had been accused, but acquitted of killing. Further evidence in the rumour mill pointed to a horse found in the Sedan area that had been ridden very hard.  Matthes was with family and friends in Flaxman's valley on the night in question, but facts do not matter to gossips.

 Life for Mary was never the same again, continuously shunned and judged by her peers in the local towns, she tended to stick to the family farm. She became withdrawn from society.

In 1908, Matthes decided to sell up the farm and move away. The family moved into a 4 bedroom house at Light Pass near Nuriootpa.

Matthes Schippan died on 31 May 1911, aged 61.

Mary and her Mother Johanne lived on in the house, the boys had moved out and taken jobs in towns close by.

 Mary and her Mother lived in Light Pass until 1917 when Mary showed signs of having Tuberculosis and moved to Adelaide where she was confined in the Consumptive Home. Johanne moved to Mount Mary to live with August.

Mary grew sicker and sicker, and knowing death was not far away, went to Mount Mary to be with her brother and mother. It was here Mary died on July 4^th 1919. She was buried at Bower Cemetery.

 Mary’s mother lived until 1923 in Eudunda, supported by a small amount of money left to her by her daughter. She died on 8 September 1923.

Wilhelm never married. He eventually contracted tuberculosis and died at the age of 42.

 Of the other members of the family – not much is known about their whereabouts and the activities they undertook after Mary’s trial.

Gustave Nitschke could not set foot anywhere in South Australia without being recognised. During the trial, his photo had been splashed across newspapers across the State. He eventually moved interstate and legally changed his name to Gus Nicholls, married, and had six children. He died in 1954

© Allen Tiller 2016

 The Tragedy at Towitta (Part 7) – The Trial of Mary Schippan

 The young and naïve Mary Schippan was very much out of place in the harsh environment of the Adelaide Gaol. Amongst thieves and prostitutes, there were no friendly faces, and being accused of murder, set her apart from the lower crimes, with the few women that were doing time, avoiding her as best they could. Mary’s only constant visitor was Father Eital from the Lutheran Church, who was consoling Mary about her upcoming trial and the possibility of being hung for the crime.

The date for her trial was set for Tuesday, 4 March 4 1902.

Whilst Mary sat in Adelaide Gaol, an exhumation of her sister, Bertha had begun in Sedan Cemetery for a re-examination of the body for missed clues. Both the prosecution and the defence were gathering evidence and statements for the upcoming trial in March.
 Meanwhile, the general public where whipped up into a frenzy over the whole case, looking for any bit of information about it they could get, and on March 4^th, a huge crowd of onlookers gathered in Victoria Square near the courthouse, a smaller crowd though, waited at the Adelaide Gaol to see if they could spot Mary as she was taken to the trial.

 The courthouse filled quickly that morning, but to the disappointment of the crowd the case against Mary was adjourned until the following morning.
 The following morning Mary was taken to the courthouse from the Adelaide Gaol, she sat and
 A few formalities were dealt with, and Mary was asked to offer her plea, of which she replied in a calm soft voice “I am not guilty Sir.”

waited in the Dock for Chief Justice Samuel Way to enter at precisely 10am.

 After the usual court hearing formalities, a jury was presented and the trial began. The Crown Solicitor Sinclair offered the opening argument about goings-on that night, which ended with the following statement.

“The suggestion that the prosecution makes is that the deed was either prompted by jealousy arising from an invitation from Nitschke to Bertha to accompany him to Adelaide, or by fear that the knowledge of Mary’s misbehaviour possessed by Bertha would be communicated to the Father upon his return home.

 I ask the jury not to allow sentiment to dictate their finding, and not to permit sympathy to dominate reason.”

 August and Wilhelm were called successively as witnesses for cross-examination, and gave almost matching accounts, the same as they had in the inquest earlier in January. The followed by Mary’s Mother Johanne who was asked about the girl’s clothing.
 The court adjourned at 6:30pm that evening.
Police had to use diversionary tactics to take Mary back to the Adelaide Gaol as the crowd had grown to over 1500 people around the courthouse, trying to get a glimpse of her.

 The next day saw members of the Lambert and Henkes families called forth to give witness and statement from Detective Fraser, Mounted Constable McArthur and Gustave Nitschke.

Gustave Nitschke was seen by the general public as a villain, and upon his leaving court that day, a large group of angry people began to follow him, as he sped up, they sped up too. It wasn’t until a police escort was presented that he was able to escape the angry crowd that looked as if it could riot at any minute.

On day 5 the defence mounted its case. Symon, for the defence, presented a well thought out and eloquent speech that lasted a full day. He detailed all events and possibilities that the prosecution had presented as motive and cause and defended Mary while destroying the reputation of Nitschke.

 In fact on the evening of day 5 of the hearing, the gathered crowd had become so angry towards the man, there was a good chance he would be lynched in the street. As he made his way down King William Street, the crowd turned angry, and he was struck in the face by two men. Nitschke ran to a nearby cab-rank for help, but they ignored him, so he ran to the Prince of Wales Hotel, where he was quickly turned away by the publican. Nitschke ran down the street dodging blows until police, hearing his screams, rescued him and escorted him away from the crowd, thus saving his life.

 Day 6, the courtroom was full, as were the streets outside. There was tension in the air as proceedings began again at 10am. Chief Justice Way then went about condensing the previous 5 days statements and evidence before conceding to the Jury for their verdict.
 Statements were made by both the prosecution and defence, and before retiring at 6:10pm to gather for their verdict, the jury asked for some of the clothing and the bedclothes to be delivered to them while they came to their conclusion.

The Jury returned to the courtroom at 8:06 pm that evening. The eerie glow of the now lit gas lamps and the total silence of everyone in the room led to an electric atmosphere. Mary sat in the witness box, quietly awaiting her fate.

Mary stood, grim and silent, as she waited for the Jury foreman to come forward and read out loud the verdict.
 When asked by the Crown if Mary Schippan was guilty of not guilty, John Bradley, the Jury foreman uttered “Not Guilty” in a nervous voice. Instantly the crowd erupted in applause and cheers, and outside the 3000 people gathered also began to cheer as the news spread through the crowd. Popular opinion was that Mary was innocent of the crime, and this was the outcome the public hoped for.

Meanwhile back in the courtroom, Chief Justice Way was shouting for order and trying to control the celebrations.

 Mary was reunited with her parents, and ushered out into a police cab, for 100 meters down King William Street people cheered for her, however, some of the crowd hung back at the courthouse, waiting to see Nitschke, and hurling abuse towards him.

Police had been prepared for this and had set up a number of diversions to distract the crowd, secreting Nitschke out of the area and away to safety.

NEXT WEEK: The Tragedy at Towitta (Part 8) – The Aftermath of a Famous Trial

The Tragedy at Towitta (Part 6) –What the Inquest Found

 Towitta could not handle the influx of people who had come to hear the slightest bit of news from the inquest, Sedan was overrun, and even Angaston’s overnight lodgings were full.

 August was the first to be called to the inquest, which was being overseen by Coroner Mulligan, with Detective Fraser taking the depositions and Detective Priest acting as Clerk. Wilhelm followed August – as the boys gave their statements, Mary and her Mother, Johanne, waited in the kitchen of the family home.
 The boys stories differed slightly from that of Mary’s original story, they stated, they had come home and the girls were already in bed, so they helped themselves to cake, before retiring themselves, Mary’s statement said she had cut the cut for the boys, before they had retired to bed.

 Dr Steel was next to be questioned, and his statements proved to be quite damning for Mary. After describing his initial examination of Bertha’s body as she lay dead on the floor, he then described the port-mortem examination and the findings there, but, it was his examination of Mary, on the morning after the murder that proved most news-worthy.

 Dr Steel stated that some the strips of clothing found near Bertha’s bod were missing from Mary’s night clothing, Mary also had scratched on her arms, bruising on her knees and upper thighs, but perhaps the most damning was Mary had complained of a sore neck, Dr Steel discovered Mary’s hair had not been pulled or was even out of place, and that the back of her neck had been recently washed.

 Matthes and Johanne were called upon next, but offered no new clues, or a clear motive for the attack. The inquest went on well into the night and was only adjourned until the next day because there was enough light to allow the clerk to take notes.

The next day the inquest began again at 8am. Mary was called to the witness chair at 10:20am. She wore a brown dress and white apron and was sworn in, something that wasn’t normally done at an inquest.
 An argument then broke out between the two solicitors over Mary giving evidence that may or may not incriminate her, and both men argued the point to the Coroner. Detective Fraser then told Mary she does not need to say anything she thinks may incriminate her.

 Mary answered all the questions asked of her for the next four and half hours, never wavering and never showing much emotion. Her story had not changed, but one piece of evidence was about to be brought forward that would change the case, and cause the biggest media sensation South Australia had ever seen at the time.

 Mary revealed she had been having relations with a man named “Gustave Nitschke”. The Police Solicitor jumped on this as a possible motive for the killing of Bertha, who, as it turned out, had known of Mary’s Trist with then older man.
 Gustave Nitschke was called to the inquest to give evidence, and spoke of having sex with Mary on a t least three occasions, one time on the Schippans parents bed, with Bertha in the room next door, possible watching through the cracks in the door. This of course in 1902 would have been scandalous, an unwed woman and man having sex and secret meetings.

 During Nitschke’s evidence he stated he had previously “spooned with Bertha, whilst another man spooned with Mary, and had often joked with Bertha about whisking her away to the city with him.
 It came to light that Nitschke had had sex with Mary on the night her parents had left for Flaxman’s Valley, December 17^th 1901, just a few days before Bertha’s murder, but he had witnesses to prove he had been in Adelaide at the time of the murder.

 More witnesses were called during the afternoon, including Mary’s Mother and Dr Smith, the jury retired at 5 to 6pm and returned an hour later with their verdict on the matter.

At about 7pm that night the Jury’s verdict was read aloud by Coroner Mulligan:

 “We, the Jury, are all of the opinion that Johanne “Bertha” Elizabeth Schippan met her death on the first night of January, 1902, by having her throat cut by Mary Augusta Schippan.”

The room was silent.

Mary was called before Mr Mulligan and the murder charge was read out loud to her, and everyone present. She was then ordered to be arrested and to be transported to the Adelaide Gaol, where she would await trial for murder, a sentence that carried the weight of being hung if found guilty.

 Mary’s Mother embraced her daughter, and refused the police to take her away, all the while Mary pleaded with her mother that she had not done the crime.

 The Police put Mary in a horse trap, and took her to the Angaston police cells where she was kept until the next morning, they then took her to Freeling train station and awaited the Kapunda train.

 The Police officer knew word was travelling, and a crowd had gathered at Gawler to get sight of Mary, a larger crowd was now gathering at the Adelaide Railway Station as the news of the young girl who had killed her sister made its way into Adelaide.
 The officer in charge of transporting Mary had other ideas to beat the crowd, and he disembarked from the train at North Adelaide, taking Mary straight to Adelaide Gaol.

NEXT WEEK: The Tragedy at Towitta (Part 7) –The Trial of Mary Schippan