Part 834h – Brunhammer Doherty Genealogy – The Mystery of GG-Grandfather Audley Holmes – 1854 – And?

Good Day,

My investigation into the death and murder trial of great-great-grandfather Audley Holmes has not been shelved. I have not been deterred by the closed doors or barricades at the end of each pathway that I have, thus far, conducted an inquiry.

This week I received a new response to the continued investigation from the Luzerne County Historical Society.

January 18, 2013

Thank you for your request for additional research on the death of Audley Holmes. We spent another hour in searching the Luzerne Union and the Pittston Gazette newspapers for any further articles on Mr. Holmes or Margaret Burk, the accused murderer, but were unable to find anything. We search the Pittston Gazette from July 1855 to February 1st, 1856 and the Luzerne Union from July 1855 to January 16th, 1856.

In the last article we found from January of 1855, it was noted that the case was remanded for trial at the next term of Court. The next term was April and enclosed is an article regarding the April term of court, but there is no mention of a case involving Holmes or Burk having been heard

.

Here is an image of the copy of the article April Term of Court from the 4 April 1855 edition of the Luzerne Union.

The following are six of my previous 2012 posts regarding the mystery of the death and murder of gg-grandfather Audley Holmes. Check them out. Bring yourself up-to-date. Can you shed some light?

Jul 15 – Part 733h – 1854 Death and Burial – Great-Great-Grandfather Audley Holmes – Murdered?

Jul 17 – Part 734h – 1854 Tamaqua, Schuylkill County, Pennsylvania

Jul 25 – Part 739h – 1854 Wiles-Barre, Luzerne County, PA – Murder Investigation

Sep 21 – Part 770h – 1854 Cold Case Opened – Who Dunnit?

Sep 29 – Part 771h – 1854 – She Was The Cook!!!

Sep 30 – Part 772h – 1855 – The Plot Thickens

We have some more pokers in the fire regarding the investigation. Stay tuned. If you have any ideas, or if you stumble upon any family treasured papers please let me know.

Enjoy,

Jim

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Part 773h – Brunhammer Doherty Genealogy – The Mystery of GG-Grandfather Audley Holmes – 1855 – The News Gets Around

Good Day,

Before I continue with my research and search for the genealogy of gg-grandfather Audley Holmes I have to eat. I have to cook.

Last night's supper was a definite swing to another part of the cuisine globe. Gruibenknoedel, Romanian Cabbage Salad, and Stewed Potatoes. The Gruibenknoedel, (and I really do not know how to pronounce that one), are dumplings made of pork cracklins, aka chicarone de puerco, aka pork rinds mixed with flour, bread, spices, and parsley. The dumplings are simmered in water and then served in beef broth. To compliment the G-knoedel things I made a Romanian Cabbage Salad which is also known as a dry cabbage slaw. And to top it off, the Stewed Potatoes, aren't really stewed but sweet potatoes baked, then sliced, then layered with apples, cinnamon, brown sugar, butter, then baked. Sort of a baked potato casserole. Supper was actually very, very good.

In my journey to discover clues and recreate the history of gg-grandfather Audley's murder and death the next piece of evidence is a short article from The Pittston Gazette. Pittston, Pennsylvania is approximately 9 miles from Wilkes-Barre, north east along the Susquehanna River. Dated 26 January 1855 and on Page 2 a quick clipping, without a heading or title was found.

Here is my highlighted image -

And My transcription -

The Pottston Gazette
January 26, 1855
Page 2

Margaret Burke, who has been in
prison since Holmes was found dead on
the ice, some weeks since, was brought
before his Hon Judge Conyngham, yester-
day, on a Habeas Corpus. The District
Attorney and Woodward for Common-
wealth. C E Wright and Ketcham, for
Margaret. She is twenty-five or thirty
years of age, and of rather pleasant coun.
Tenance, with a bright eye, and does not
look as if there was any great crime on
her conscience.

The hearing was in the Court House,
which was pretty well filled with the cu-
rious.

The prisoner was remanded for trial.
Record of the Times.

The above inserted image is a portrait of Judge John Nesbitt Conyngham from the Luzerne's Bank Portrait Show.

Stay tuned to what I think I have found next. Could be a coincidence? Not sure but I think I will also try to find a possible transcript of the Margaret Burke's trial if one exists.

Enjoy,

Jim

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Part 772h – Brunhammer Doherty Genealogy – The Mystery of GG-Grandfather Audley Holmes – 1855 – The Plot Thickens

Good Day,

Researching one's genealogy requires me to constantly be looking up words and phrases. Words and phrases from the past, and try to understand exactly how they were used in context, and exactly what did those words and phrases mean at the time when they were used. I have to remember that I have to not attempt to use them in today's context and vernacular. My argument is that there could always be, in some cases a different meaning at a different time and age.

The three phrases and words, without being of a legal mindset, are “Habeas Corpus”, "remanded" and “Court of Oyer and Termiuer”. Both these phrases are used in the article that was next found revolving around the case of the murder of gg-grandfather Audley Holmes.

HABEAS CORPUS - A Latin term meaning "you have the body," refers to the right of every prisoner to challenge the terms of his or her incarceration in court before a judge.

REMANDED - To send back or recommit. When a prisoner is brought before a judge on a habeas corpus for the purpose of obtaining his liberty, the judge hears the case and either discharges him or not; when there is cause for his detention, he remands him.

OYER AND TERMINER - The name of a court authorized to hear and determine all treasons, felonies and misdemeanors; and, generally, invested with other power in relation to the punishment of offenders.

Well that is our legal lesson for today.

The 24 January 1855 edition of The Luzerne Union published on Page 2 a short article titled “Habeas Corpus Case”. The article refers to the fact that The Cook, “Margaret Burk” has been in jail for some time “on the charge of being concerned in the alledged murder of Adley Holmes...” (Note the different spelling of gg-grandfather Audley's name.)

The short article basically states and implies that she, Margaret Burk has been in jail since gg-grandfather Audley's body was discovered and she was arrested. The judge looked at the “facts and attending circumstances”. He then “remanded the Prisoner for trial at the next Court of Oyer and Terminer.”

And then, something you do not see in the Media as much these days, the reporter continues “It is not proper at this time to any of the testimony.”

Here is my highlighted image of the article from The Luzerne Union.

And my transcription -

The Luzerne Union
Page 2
24 January 1855

Habeas Corpus Case

The woman, Margaret Burk, who has been
in jail for some time on the charge of being
concerned in the alledged murder of Adley
Holmes, who, it will be remembered, was
found under the Bridge on the ice, one morning
in the early part of the winter; was brought
up yesterday on a Habeas Corpus before his
Honor John N. Conyngham. Nearly the whole
day was consumed in the examination of wit-
nesses. After a full investigation into all the
main facts and attending circumstances, the
Judge remanded the Prisoner for trial at the
next Court of Oyer and Terminer. It is not
proper a this time to give any of the testi-
mony. District Attorney Brundage and Wood-
ward represented the State. Ketchum and C,
E. Wright the Defence.

Stay tuned for the next installment. Will Margaret Burk(e) be found guilty? Who knows?

Enjoy,

Jim

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Part 771h – Brunhammer Doherty Genealogy – The Mystery of GG-Grandfather Audley Holmes – 1854 – She Was The Cook!!!

Good Day,

Now I really feel like I am delving into the depths of a cold, cold, cold case. Genealogy, the research and the search is definitely a “hold-your-breath-I-can’t wait-for-the-next-clue”.

We just received our next installment into the Mystery of the death of great-great-grandfather Audley Holmes. With the help of the Luzerne County Historical Society today’s mail provided a number of key newspaper clippings relaying additional information of the murder of gg-grandfather Audley.

From Page 2 of The Luzerne Union, dated Wednesday, December 13, 1854, one day after the affixed date of gg-grandfather Audley’s untimely death, see Part 770h,an article titled “Mysterious” provides us with some more insight.

And now the Mystery begins like a thriller novel... “On Monday about two o'clock, Mr. Ally Holmes...” Check that out. Great-great-grandfather Audley was also known as “Ally”.

We now know that he was “a contractor on the Lack.(awanna) & Bloomsburg R.R. (Railroad).” Does this mean that he could have been a Carpenter Contractor? From my sources “Construction began in Scranton in 1854. The first line ran from Scranton to Kingston, a distance of 17 miles (27 km), and opened on the morning of June 24, 1856.”

He “left home in company with the cook, Margaret Burk...” She was The Cook! She had his gold watch! See Part 739h where we were introduced to “The circumstance of his gold watch being found in the cook's possession...”

The mystery continues... “The woman came home with the horse and sleigh, but Holmes was not with her.” Ta-ta-da-dum... (Here's where the ominous music reaches the background and gradually strains into our ears.) “On Tuesday morning his dead body was discovered under the bridge across the river, between the toll-gate and the first pier.” Where's TSA when you need them?

This Luzerne Union's article provides a number of additional facts... and conjectures.

Here is my highlighted copy of the story “Mysterious”.

And my transcription –

The Luzerne Union
Wednesday, December 13, 1854

Mysterious

On Monday, about two o’clock, Mr. Ally

Holmes, in the employ of Mr. Tamany, a con- 

tractor on the Lack. & Bloomsburg R.R., left 

home in company with the cook, Margaret 

Burk, and come to Wilkes-Barre, for the pur- 

pose of getting her trunk, which was at the 

house of Charles Westfield. They pro- 

cured the trunk and started back about 8 o’-

clock in the evening. The woman came home

with the horse and sleigh, but Holmes was not 

with her. On Tuesday morning his dead body 

was discovered under the bridge across the riv- 

er, between the toll-gate and the first pier. –

His hat and cloak lay on the bridge immediate-

ly over where he was found – whether he fell 

through the bridge by accident, or came to his 

death by violence is as yet a mystery. A cor- 

oner’s inquest assembled soon after the discov-

ery of the body, and a full investigation of the 

case was had by the Inquest under the direction of 

Mr. Brundage, the District Attorney. Their 

verdict is that he came to his death by violence 

at the hands of some person unknown. There 

are many circumstances which seem to indicate 

that the man was met with foul play. We forbear 

giving testimony given by the woman, 

Burk, and other before the Inquest, as the 

District Attorney is endeavoring to find the 

guilty party, if any exist.

Stay-tuned for the next installment of The Mystery of the Murder of GG-Grandfather Audley Holmes.

Enjoy,

Jim

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Part 770h – Brunhammer Doherty Genealogy – News Flash – The Mystery of GG-Grandfather Audley Holmes – 1854 Cold Case Opened – Who Dunnit?

Good Day,

And the Murder Mystery continues…

As you, the reader of A Genealogy Hunt, and most interested descendant of great-great-grandfather Audley Holmes, know and have been following, I have opened the possible cold case of the 1854 murder of gg-grandfather Audley.

The questions are, of course: Who? What? Where? When? How? And Why?

Our first discovery, Part 733h and Part 734h, in the Calvary Episcopal Church of Tamaqua, in Pennsylvania, Parish Register, reveals that gg-grandfather Audley Homes was buried 16 December 1854. The scribe who entered the Burial Registration had entered the all descriptive, single word “Murdered”… Well deductively that answers two, maybe four questions. So I thought.

Who? – GG-Grandfather Audley Holmes, The Cook, Elizabeth

What? – Murdered

Where? – Schuylkill County, Pennsylvania

When? – 16 December 1854

No answer to How? and Why?

I next discovered, with assistance from the Schuylkill County Historical Society, that my question Where? was actually directed to another location. According to the 23 December 1854 copy of the Miners’ Journal and Pottsville General Advertiser, gg-grandfather Audley may have been murdered near the Susquehanna River in Wilkesbarre in Luzerne County, Pennsylvania. (See Part 739h.) The details in the news clipping opened up a number of questions. What was gg-grandfather Audley doing, to be murdered approximately 40 miles from his home in the Tamaqua area? Who was the Cook? Why did the Cook have gg-grandfather Audley’s gold watch? Who was Elizabeth? And what did the murder have to do with New York?

I contacted the Luzerne County Historical Society to continue with my investigation. My recent call revealed that the research is still ongoing.

Today, A Genealogy Hunt received an Anonymous comment affixed to Part 733h.

“Yes, Jim, his body was found near the Susquehanna River in Wilkes-Barre, Luzerne County, on the morning of December 12, 1854. A woman by the name of Margaret Burk was accused and put on trial for his death, but I can find nothing on the trial or the results. I wish I could help with more details, but this is all I found. (Reported 24 January 1855.)”

Our questions have changed somewhat,

Who? – GG-Grandfather Audley Holmes, The Cook, Elizabeth, Margaret Burk

What? – Murdered

Where? – Susquehanna River, Wilkes-Barre, Luzerne County, Pennsylvania

When? – 16 12 December 1854

And the plot thickens… Still no answer to How? and Why?

So who was Margaret Burk? Why was she held on trial for the murder of gg-grandfather Audley Holmes? What was the outcome of the trial? Who is the Cook? Who is Elizabeth? What happened to the gold watch?

And the search continues.

Who knows what lurks beneath the swirling waters of the Susquehanna River?

Enjoy,

Jim

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