Catherine Maher (nee Costigan) (my gg grandmother) was a witness to a murder that occurred at Epping in 1858. An inquest was not held until February 1864, after the victim’s body was discovered. Catherine, by then married and living at Lancefield, testified at the inquest.

The scene of the murder was the Traveller’s Rest Hotel, Epping. The proprietors of the hotel were Patrick and Sarah Burke, the accused was Patrick’s brother, Batholomew (‘Bartley’) Burke who was alleged to have murdered his wife Mary. Bartholomew, a labourer, and Mary had three young children and resided in a tent next to the hotel. In 1858 Catherine Costigan was a servant for John and Margaret Maher. John was a wheelwright who rented a house and paddock from Patrick Burke for his family and business. The house was next to the hotel and close to the tent.

In 1858 Mary disappeared and Bartley Burke had told everyone that he had paid her passage to Sydney. He continued to live in the tent for several weeks and, after leaving the children in the care of friends and relatives he moved on himself.

In February 1864 a detective named Williams, acting upon information he’d received, found the remains of Mary Burke on the former site of the tent. Patrick Burke and his son Martin were charged with being accessories and an inquest into the death was held at Northcote later that month. Catherine’s testimony concerned her having heard and seen what may have been the fatal shooting.

The Leader, 20 Feb 1864, p.6

THE EPPING MURDER.

Catherine Maher, a married woman, residing at Lancefield, deposed: I recollect residing with John Maher, at Epping, about five years ago, as a servant. He rented the piece of land his house was then on from Patrick Burke, the landlord of the Travellers’ Home Hotel. The house might be about thirty yards from the hotel, and was on the same side of the road. I knew Bartley Burke and his wife, as they lived in a tent just outside the back corner of Mr Maher’s house. The tent could be seen quite clearly from the house. One night, after ten o’clock, I heard the report of firearms in the direction of Burke’s tent, whilst I was going out of the back door of the house. The night was dark. I distinctly saw the flash of the gun. The report I heard almost simultaneous with it. There was no one with me at the back door at the time, Mr and Mrs Maher being in the house, but in a minute or so afterwards, as I was turning to go into the house, the latter came out beside me. When I went inside they both asked me where the shot had been fired, and I replied about Burke’s tent. Previous to that night I was constantly in the habit of seeing Mary Burke about the tent, but never saw her afterwards. Burke remained at the tent between six and seven weeks afterwards. On the next, morning after the shot was fired, Patrick Burke, the hotelkeeper and his wife went away in their gig towards Melbourne. Could not tell what particular dress Mary Burke wore or the color of her hair. On one occasion saw, her beaten by her husband. She seemed at that time to be, a little groggy. About a minute before the report of the gun I heard a person near the tent exclaim ‘look out.” I heard no screaming, however, either before or after the report. The tent contained no separate apartments. The chimney attached to it was built of stone. On the morning after the shot, the second child came to me and said that her father told her he had sent her mother off to Sydney. There were three children the, eldest I think was about eight years of age. I had no conversation with them afterwards upon the subject. To Inspector Bookey : I had no conversation with Mrs Patrick Burke about what evidence I was to give. To, the Jury : I never saw, Bartley Burke with firearms in his hands. The day after the shot was fired was not a Sunday, The tent remained up about a month after that.

John and Margaret Maher also gave evidence at the inquest …

John Maher, a wheelwright, residing : at Epping, deposed: I rented a paddock and house near Patrick Burke’s hotel, from 1855 till some time in 1862. I recollected Bartley Burke and his wife, living near my place in a tent. I often saw the latter, but did not know her Christian name. On one occasion, late at night, I heard a shot fired near their tent, as I was in bed. I did not make any inquiries at the time or afterwards regarding the shot ; it had become impressed in my memory from the fact that it was rather a late hour to go opossum shooting. I never saw Mary Burke afterwards, but I saw her husband frequently. He remained about the place for some weeks, but how many I do not exactly remember. Some days previous to the shot being fired, Burke and his wife had a quarrel at my place. Burke struck her with a stick of some kind, upon which I separated them, putting him out of the house. Where the blow was struck I cannot tell, it is too long since then.. Burke’s tent was situated about the place where the bones were found. I have not seen him within the last three years. I frequently saw him with a gun, but of what description I cannot remember.

Margaret Maher, wife of the preceding witness, deposed: I recollect living near Patrick Burke’s hotel, about six years ago and remember a tent nearby occupied by Bartholomew Burke and his wife. One night, about ten o’clock, I heard the report of a gun, near the tent, the night was dark and I saw the flash of the gun very distinctly. I remember the shot, because it was so near the tent. I was in the habit of seeing Mrs Burke almost daily, but I did not see her for two days before the shot was fired. Never saw her afterwards. I had some conversation with the second youngest child on the morning afterwards, I asked the child if her mother was at home, when she replied that her father had sent her to Sydney that morning. Mrs Burke left the place before, but she then called in and bade me good bye. On one occasion she had a few words in my place with her husband, who struck her with a stick. She was then a little groggy, but he seemed quite sober. Heard, no words near the tent before or after the report of the gun. There was no light in the tent at the time. It remained standing for two or three weeks afterwards. I saw Burke between eight and nine o’clock on the morning after the shot was fired, going from his own tent to the public-house. I afterwards saw him return to the tent. Patrick Burke and his wife had left in their gig for Melbourne, before that. Mary Burke’s hair was either brown or black, and very long, but whether it was ever plaited or not I could not tell.

After several days of evidence from about ten witnesses, a jury verdict was delivered …

The jury, without retiring, unanimously agreed upon the following verdict :— “That, on or about the 19th of September, 1858, at Woolert, Mary Burke died from violence, inflicted upon her by her husband Bartholomew Burke. We find the said Bartholomew Burke guilty of the wilful murder of the said Mary Burke.”

Geelong Advertiser, 29 February 1864, p.2

A reward of one hundred pounds is offered in Friday night’s Gazette, for the apprehension and conviction of Bartholomew Burke, charged with the wilful murder of his wife, Mary Burke, on or about the 9th September, 1853 The following is given as the description of the man Bartholomew Burke—Irish, aged about 43, 5 feet 7 or 8 inches high, medium build, dark complexion, hair, whisker and moustache, probably now turning grey; formerly a soldier in H.M. 40th regiment at Melbourne, acting as officers’ servant, discharged in 1857. He afterwards lived with his wife at Gisborne or Kyneton. About 1860 he worked at Kew for two contractors, named respectively Morgan and Sobie, being then known by the name of Moore. In 1849 (? 1S59) he worked at Gardiner and Cheltenham under two contractors, named respectively Dwyer and Malone, at the time when one George Oldham was murdered there by one Regain About two years ago he was at work stone breaking near the Plough Inn, Plenty-road. His general appearance is that of a labourer. During his military service he was for some time employed on escort duty.

Mercury (Hobart), 19 December 1864, p.2