The Story of Constable Daniel Gould Copley

The following story was researched and written by Mr Drew Wall and Mrs Deborah Cook, distant relatives of the late Constable Daniel Could Copley (1927-1864). In 2016, at their request, Copley was considered for inclusion in the Queensland Police Service Honour Roll and the National Police Memorial in Canberra. However, due to not being able to confirm the circumstances which lead to his drowning, it was determined he does not meet the criteria for inclusion on either of these entities. In 2010 the Darling Downs Branch of the Queensland Retired Police Association was instrumental, in conjunction with the Toowoomba City Council (now the Toowoomba Regional Council), in having the Queensland Retired Police Memorial Wall placed in the Toowoomba and Drayton Cemetery. An application by Mr Wall and Mrs Cook and the payment of $250 saw approval being given by the Darling Downs Branch for the late Constable Copley’s details to be put on a plaque and placed on the Wall. Greg Early, State President QRPA, 23 December 2016. …………………………………………………………………………………………………….

The Provincial News Toowoomba reported on the week of the 24th March 1864 the following: “I regret to state that the most melancholy event occurred in Drayton on Patrick’s night. It appears Constable Copley who is in charge of the lock-up there, had been out spending the evening, but as he had not returned home that night, a search was initiated next morning, which was carried on all day without success, till on Saturday morning one of the public wells was dragged, and sad to relate the unfortunate man was found drowned.”

Daniel Gould Copley was born in Kanturk County Cork Ireland in February 1827 and emigrated to Australia with his brother Kerry Gould in 1856 to join his elder brother Pierce Gould who arrived in 1840. He married Anne McMahon at St Luke’s Church Toowoomba on June 12 1862. Anne arrived with her family in Australia on the Ghensis Khan on the 18th August 1854 at the age of 10 with her Father Timothy, Mother Catherine, her 3 sisters and 2 brothers.. Daniel was a Police Constable in Drayton, at the time of his marriage, and was responsible for the Police Lockup for some years, where he and Anne lived. In spite of his at least 2 years of service in the new Queensland Police Force, no official records exist for him as a Constable in the Queensland Police Archives. This is most likely attributed to the new State of Queensland only having come into being in 1859 and New South Wales police were transitioned to the new Force and record keeping especially in country areas may have been remiss. There is no doubt that he was in the Police Force because he was mentioned several times in the Darling Downs newspapers and the Inquest into his death which is on Public Record attests to his occupation as does his Marriage Certificate and Death Certificate. He had one son Kerry John Copley born 15th January 1863 at the time of his death and Anne was expecting their 2nd son Daniel O’Connor Copley who was born on the 14Th August 4 months later. The nature of his death caused much consternation in Drayton because he was found drowned in the bottom of a public well located between the Royal Bull’s Head Hotel and the Police Lockup. A path he often took even on the darkest of nights. The well was fenced off and a Post was located in front of it. His fellow police officers doubted that he accidentally fell into the well. The Inquest into his death revealed that he had been at The Royal Bull’s Head Hotel on Thursday the 17th March, St Patrick’s Day, checking on his rounds and had returned late that night for a few drinks. All witnesses save one, reported him as being sober when he left around 2 AM on the morning of the 18th. His character was considered to be of a sober nature and there were no adverse reports as to his expertise or character. However two men who frequented the Royal Bull’s Head had made threats to his life in the week leading up to his death. John Ryan had been arrested and placed in the Lockup the previous week had threatened revenge. Samuel Mann who Daniel had served a Summons on the previous week also threatened revenge. One witness testified that Ryan and Mann had threatened to put Copley down the well. This was repeated several times by other witnesses, but the movement of both men on the morning of the 18th could not put them in the vicinity of the well. Ryan had been reportedly away for several days and Mann was drunk and asleep supposedly in the parlour of the Royal Bull’s Head. Another fact that implied foul play was Daniel’s white police hat which he had been wearing was not found at or in the well. Ryan was never called to state where he was on the morning of the 18th nor was Mann. The Coroner returned an Open Verdict. The people of Drayton rallied to support Anne and her son by opening a “Subscription List” where a respectable amount was raised. The family didn’t believe that this was an accident and Pierce Copley his brother offered a reward of 100 pound, a not insignificant amount in 1864, for information that would lead to the discovery orf the party or parties who threw him into the well. This offer of a reward was reported in the Darling Downs Gazette. The Darling Downs Gazette reported on the 31st March as follows: “THE LATE INQUESTS IN DRAYTON. The result of the inquiry as to the cause of the late melancholy accident — for accident we sincerely trust that it was— by which Daniel Gould Copley came to his death, on the morning of the 18th, are of a very unsatisfactory nature, whether as regards the relatives of the deceased, the parties whose names have been implicated in the transaction, or the public generally. To the relatives and friends of the unfortunate deceased the result of the enquiry is to be regretted, as adding to the affliction of losing a relation and friend in such an untimely manner, the dreadful idea that this loss has been entailed by wanton and diabolical malice, and that their lost friend has been hurried, in early life and the fullness of health and strength, to the grave, by the hands of a murderer.” Daniel was buried in the Toowoomba Drayton Cemetery on the 19th March 1864 unfortunately the family have not been able to locate his final resting place. He would have been on of the first internments in Drayton since the cemetery was first opened in 1864. His widow Anne married Jeremiah Cosgrove in 1868 in Brisbane and then on his death in 1869 married Thomas Harrison in Townsville in 1870, by whom she had 3 other children, Ellen, James and Michael. Anne deceased on 1st October 1885 and is buried in Cairns. The Copley family especially Pierce Gould’s offspring have had a profound influence in Queensland Judiciary over the past 100 years with the current Queensland Defence Barrister Michael Copley SC and Kerry Copley Barrister being direct descendants. APPENDIX

TOOWOOMBA, THURSDAY, MARCH 31 1864 “FERIO— TEGO,” THE LATE INQUESTS IN DRAYTON. The result of the inquiry as to the cause of the late melancholy accident — for accident we sincerely trust that it was— by which Daniel Gould Copley came to his death, on the morning of the 18th, are of a very unsatisfactory nature, whether as regards the relatives of the deceased, the parties whose names have been implicated in the transaction, or the public generally. To the relatives and friends of the unfortunate deceased the result of the enquiry is to be regretted, as adding to the affliction of losing a relation and friend in such an untimely manner, the dreadful idea that this loss has been entailed by wanton and diabolical malice, and that their lost friend has been hurried, in early life and the fullness of health and strength, to the grave, by the hands of a murderer. As regards the parties whose names have been implicated in the transaction, the result is equally unfortunate for them— for, although nothing has been alleged against them, save an idle and probably meaningless threat, the proof of which, moreover, rests upon the statement of the witness Mullens, who in giving his evidence contradicted himself more than once, and whose assertions are to be looked upon with great suspicion from the way which he was in at the time the unfortunate circumstance occurred — there can be no doubt but that the very foot of such a suspicion having been once aroused, will be at all times seized hold of as a ready weapon of offence by the malicious and thoughtless. We do not mean, in making these remarks, in any way to reflect upon the verdict of the Jury — such verdict being the only one they could liave returned from the evidence laid before them, but we think that, under all the circumstances of the case, some remarks thereon are called for, as the parties who have' been brought under suspicion have no means of defending themselves, and are, in fact, in a worse position, than had they been placed on their trial before a Jury whose verdict would have settled the matter. The evidence against Mann is of the very slightest kind, and, apart from the threat said to have been made use of, is not worth a single farthing. As regards Ryan, there is not the least evidence tending to implicate him in the matter, save the threat which be is said to have made use of in the hearing of the same witness who heard Mann's threat, andwho, had not his conduct been fairly attributable to his mental faculties being at that time unhinged from excessive drinking, might have been with as much reason suspected as either of the other parties. It may not have come within the province of the Coroner to call upon Ryan to show where he was during the night when the unfortunate occurrence happened, but could such a course have been adopted it might have tended to dissipate any suspicion which existed ; and it might be advisable for the party in question, for his own sake, still to cone forward and prove where he was on the night in question. Allowing that threats were made use of, we do not think too much weight ought to be attached to them by public opinion, as nothing is more common than to bear men of a certain class, upon the occasion of some real or fancied grievance, utter the most sanguinary threats against each other, with no more idea of putting them into execution than of going to Jericho. As regards Mann we repeat that the weight of evidence goes clearly to prove that he never left the Royal Bull's Head that night, and as to Ryan he was never seen at all, and we suppose can have little or no difficulty in accounting for himself during the night of the 17th.

Provincial News Toowoomba (From our own Correspondent)

I regret to state that the most melancholy event occurred in Drayton on Patrick’s night. It appears Constable Copley who is in charge of the lock-up there, had been out spending the evening, but as he had not returned home that night, a search was initiated next morning, which was carried on all day without success, till on Saturday morning one of the public wells was dragged, and sad to relate the unfortunate man was found drowned. A post-mortem examination took place before the coroner and Dr. Burke, who examined the body, gave in evidence that he died by drowning. Owing to some expressions of parties in the town, which caused suspicion to rest upon an Individual, the verdict of the jury was not recorded on Saturday, as the authorities wished to sift the matter deeper, for Constable Copley bore a high character for temperance and nothing was elicited in evidence to prove that he had been drunk. The path to the place where the deceased resided was past this well, but Copley having gone this way some years even on the darkest night, it is hardly possible he could miss his way. The well is fenced in save at the entrance, which is guarded by a post. The body was buried on Sunday, and attended by the police force of the district. Copley leaves a wife and child to mourn their loss. Soon as the final verdict and examination closes I shall inform you more particularly. The occurrence has caused much excitement in Drayton. The Darling Downs Gazette March 31

Coroners Inquest

The following is a condensed report of the evidence given on the occasion of the inquest held on the remains of the late Mr. Daniel Gould Copley, of the Drayton Police Force, whose body was found in a public well on Saturday, the 19th instant.

Charles Wheeler – Identifies body as that of Daniel Copley: I saw him last alive on Friday morning at 2 o’clock: on the day before, being St. Patrick’s Day the deceased came several times to the Royal Bull’s Head Hotel, where I reside as bookkeeper: he called several times during the day, and spent the evening, and, as far as I can remember, he came around 9 in the evening and remained until 2 the next morning; I have not heard any person remarking that deceased was put by force into the well – what I did hear was only a surmise that the deceased might have been put down the well: when deceased left at 2 a.m. he appeared in good health, and did not appear the worse for liquor; I did not take notice which way he went: I do not remember what persons were at the place before and at the time the deceased left.

In answer to a juror, witness stated that Samuel Mann and another constable were in company with the deceased on St. Patrick’s night – Mr. Horton and some strangers were present; it is possible that some person might have been there without my seeing him; I last saw deceased previously to closing the house: when I saw the house closed up that morning some person might have remained there in the room where I saw deceased last: I did not hear any quarrel between Constable Copley and any other person up to the time when I last saw him: it is possible that such a thing might have happened unknown to me: I went up to bed about half past 2 on Friday; when I awoke I opened the bar door, I think: all the other doors were closed, I believe: I book every morning from the slate; I do not think Samuel Mann was in the house until 10: I had no conversation with him on the subject of the deceased being missing; Mann might have been in the house without my seeing it.

John White, Constable in Drayton Police identified body – I knew the late Daniel Copley, when alive he was in the same force as I am – the last I saw him alive was on the 17th instant – I found his body in the well on the 19th – there is a path, on each side of the well leading to Copley’s residence – I was ordered by police authorities to search the well –I saw no marks of injury on the body – it was fully dressed with the exception of the hat – Copley was in good health the last time I saw him and perfectly sober – when I parted with deceased at Horton’s it was about 1 in the morning – deceased asked me to go home and stay with him as the streets were muddy, I declined – deceased was in the habit of asking me to his house – I left deceased in company with a Mr. Walker from Felton, Mr. Wheeler, Mr. Horton and Samuel Mann – I had a conversation with Samuel Mann about six weeks ago – we conversed about constable – Mann said ‘I do not care much about Copley’. There is a gate in the fence round the well – the footpath leading to Copley’s is abreast of the gate – I never heard directly any threats made use of against Copley – I never heard from any third person that such threats had been used – when I last saw Copley he was perfectly able to take care of himself – I never saw him drunk. In answer to a question by a juror, witness said the night was unusually dark. Deceased had resided nearly two years in the lockup – the well is about halfway from the main road to where deceased lived – he was not likely to make a mistake – the road was not very slippery at that time – I have seen deceased go home on a darker night and pass the same well.

By a juror: The hat was a white felt hat – it has not yet been found – it would float unless some weight were put in it to sink it – deceased did not shout for nine glasses that day – when I was with him we had one glass of brandy and a bottle of ginger beer between us at Webb’s.

By Coroner: It was about one in the morning when I went home to bed – the next day I heard from Mrs. Copley that her husband had not been at home during the night – I went over to Horton’s and made enquires of Milverton and the barman – I saw Samuel Mann at Horton’s – it might have been about 10 o’clock when I saw him – the same morning Patrick Mullins came over to the court house – he appeared much agitated- he said, ‘surely nothing could have happened to Copley.’ I said ‘ I cannot see how anything could have happened to him.’ Mullins replied ‘ I only wish not.’ As I knew deceased would be wanted at court, I again went in search of him – it struck me as possible he might be in the well and I let the bucket down but could not find anything – I saw marks of mud apparently footstep on the boards which go across part of the well. When I asked Samuel Mann if he knew anything of deceased: he replied that he (Mann) had slept on the sofa at Horton’s all night and had not seen anything of him.

Dr. Burke deposed, as to the condition of the body which he had examined, there was a slight mark on the left shin, and one round the neck, most probably caused by the neck cloth there was no mark of any death struggle; death was caused by drowning.

William James Milverton, barman at Horton’s Hotel – I knew the deceased, Daniel Copley – I saw him last alive about half past one on Friday morning last – I cannot say how many glasses deceased had between 8 p.m. on Thursday and half past one on Friday morning – deceased was the worst of liquor – I saw him in company with Walker, Mullins and Mann – Mann slept on the sofa all night – I did not see John Ryan that night – I cannot say who left the house with deceased – Mann was asleep on sofa when deceased left – Mann was not sober, he slept on the sofa in the bar parlor – I was during the night about the bar and parlor – I did not hear any conversation between Mann and deceased – deceased had no quarrel with any one during the night – I must have heard it if he had – Mann might have left after Copley and returned without my knowledge – Mann did not usually sleep in the house, he may have done so once before within the last twelve months – it is about half a mile from the hotel to Mann’s house – I know John Ryan, I did not see him during the day or night in question – I saw him three or four days before – I recollect deceased taking Ryan to the lockup – the Police Magistrate was called in at that time as resistance was offered – I have heard no threats against deceased since that time from Ryan or any other person.

By Juror – My reason for supposing Copley was drunk when he left that morning was because I had served him with a quantity of liquor – I did not see him drink the liquor I served him – I saw him stagger – I heard no insulting language – I did not see Ryan and Mann together that night – next morning Mann was in the bar parlor – deceased in six or seven glasses twice – I booked them to him –(the book been produced it was found the deceased had been charged with glasses to the amount of 6s 6d.)

By the Coroner – it is usual to supply constables with any quantity of liquor the call for. By a Juror – Mann was on the sofa drunk when Copley left- I covered him with a blanket – no person could have left the house without my knowledge – ten minutes after I went to bed, which was half an hour after deceased left – deceased could have got home in half an hour if sober.

By Coroner – Walker went away about ten minutes before deceased – I assisted him out – when I came back Mann, deceased, a man name of McGinnis from Talgai, and I think Mullins, were in the room – I assisted McGinnis to bed about quarter past one – when I came back I saw Mann and deceased in the room – deceased went away – I saw McGinnis next morning – I had no conversation with him about deceased – McGinnis could not have left his room without its been known.

Mitchell Marshall (Constable) identifies body – on Saturday last I saw Patrick Mullins and a man whose name I do not know, but whom I could recognize, fighting in Horton’s yards – Mullins was drunk and excited – he said, ‘I do not allow any Tipparary men interfere with me – your friend Ryan has done at last what he threatened’, or words to that effect – deceased’s name was brought into connection with the threat mentioned – after separating the men I reported the matter to Sub Inspector Murphy, and in obedience to his orders went to Mullins house, where I saw him, his wife, Mr. Wheeler, and a woman named O’Donald was in the house, and in their presence he said that he had about a week ago heard Ryan and Mann threaten that they would put deceased into the well, and that they had done it as last, and added, ‘You know it well enough, Wheeler.’ I reported what I had heard to Mr. Murphy – on Saturday night I saw Mullins over at Horton’s – Mullins asked me if I had said (Mullens) had said he heard Ryan and Mann threaten to put Copley down the well – I said I Had- he replied ‘By Gor ! I’ll prove it’. I considered Mullins sober at the time.

William Horton deposed that deceased was sober – that Mann remained in the parlor after deceased left – that he had not seen Ryan during the day in question, and not certain whether Mullins left before or with deceased.

Patrick Mullins was then called – the first part of the witness evidence was either unimportant or simply corroborative of other evidence as to what had taken place during the day and evening in question, and testifying that deceased was sober when he last saw him. This witness then went on to say: I never knew of deceased having any quarrel with anyone, save with John Ryan, when he (deceased) took him to the lock up – at that time Ryan threatened revenge – deceased served a summons upon Mann – Mann said he would have revenge out of him – I do not remember hearing any one threaten to put deceased down the well – if I said so I was drunk, and do not remember it – I saw the Police Magistrate and Sub-Inspector Murphy at my house on Saturday afternoon – I was getting all right then I took no more spirits after seeing them and did not go back to Horton’s that night, and did not accuse any one of throwing deceased into the well – I had a quarrel with a man named Green on Saturday about dinner time.

By a Juror – My wife gave me a glass of brandy about half an hour after Mr. Rawlins and Mr. Murphy left – I call evening after four o’clock

A Juror here asked the witness if he (witness) accused anyone on Saturday evening of throwing Copley down the well. Witness declined to answer this question, and was committed for contempt of court, but afterwards resworn, when he deposed that he had not seen deceased at his (witness’) house after he left Horton’s. Witness was discharged with a caution.

Edward Ryan – This witness had nothing to say in this matter, save that coming from Toowoomba on Friday morning at 2 o’clock he saw lights in the Royal Bull’s Head, and that everything seemed quite.

William Rowling (carrier) deposed – I know a man named William Jeffries – I heard of deceased’s death – I had a conversation with Jefferies last Saturday at dinner time – speaking of deceased’s death Jeffries told me that Samuel Mann told him that he (Mann) and John Ryan intended to throw deceased down the well within a week – this was told on week before deceased met with his fate, and Jefferies then added, and now the week is expired –the conversation was in Horton’s taproom – no other person was present – I told Jeffries to say nothing about it unless he had some proof – Jeffries agreed to this – I repeated the conversation in Webb’s , I do not know to whom, I believe to Mr. Webb – I have no doubt on my own mind but that the conversation was exactly as I have said.

William Jeffries deposition put a different face upon the matter. In Mr. Handcock’s store he heard Mann say that he (Mann) was accused of putting deceased down the well – this was past four o’clock on Saturday, and he saw Rowling between 4 and 5 and told him Mann and Ryan were accused of putting deceased down the well. This conversation took place upon the matter – Mann had said someone else had told him deceased would drown in the well within a week, and that the week was now expired. The last mentioned conversation took place in Handcock’s store. (It may be as well to state that neither Mr. Handcock nor another person, stated to be in the store at that time, heard any such conversation.)

The Coroner addressed the Jury, commenting on the evidence.

The Jury returned the verdict as given last week.

Marriage Register

Translation

1862 Marriages Solemnised in the District of Drayton in the Colony of Queensland Registered By: William Murphy

No. When and Name and Condition Birth Rank or Ages Usual place Parents where Married Surname of of the Place Profession of (Mothers Fathers the Parties Parties Residence Maiden Rank or (Bachelor Name) Profession or Spinster) 134 12th June Daniel Gould Bachelor Kanturk Police 25 Drayton Ellen Richard 1862 Copley Cork Constable Nolene Gould Toowoomba Anne Spinster Ireland Domestic 19 Drayton O’Connell Copley McMahon Buru Co Servant Catherine Gentleman Clare Ireland McMahon Formerly Timothy Hogan McMahon Carpenter

Married In: St Luke’s Church at Toowoomba. The consent of Catherine McMahon Mother of Annie McMahon was given to the blessing of the said Annie McMahon with Daniel Gould Copley, the said Annie McMahon being under the age of twenty one years.

According to: the rites and ceremonies of the Church of England Vincent L Rawlson Minister

In the Presence of us John C Lyddy

Patrick Burke

By Me Vincent L Rawsome Officiating Minister