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Defendants   
Name Charge Outcome Punishment Appeal
Evelyn Martin Practising obeah Guilty Imprisonment Appealed View details
Charles Thompson Practising obeah Guilty Imprisonment, Police supervision Appealed View details
Case details   
Date:
24/10/1923
Date accuracy:
Start date of trial
Trial Type:
Criminal
Court or location:
Half Way Tree Resident Magistrates' Court
Court type:
Magistrates' Court
Territory:
Jamaica
Dataset:
Jamaica Gleaner dataset 1890-1939
Sources   
Title/Headline/Description Publication/Reference Date
Arrested on A Charge Of Practising Obeah Gleaner 08/10/1923

Arrested by Sergeant Major Williams. From what could be gathered it is alleged that the accused heard that David Howell's wife was sick at Whitfield Pen. He went to the premises and told Howell that there were ghosts on him and that he would attend on a certain night to remove the ghosts. Howell communicated with the police and Sergeant-Major Williams and Detective Sergeant Ewart went to his premises and after the accused had completed his work and demanded his pay and received it, they burst open the door and he was arrested. A woman named Evelyn Martin who accompanied Thompson was also arrested on the same charge. The police also went to Thompson's residence on the Shortwood Road, where it is alleged that a quantity of paraphernalia used for practising obeah were found.





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An Obeah Charge at Half-Way-Tree. Charle Thompson and Evelyn Martin on trial before Mr A. V. Kingdon. The Evidence Given. Story Told by Witness full of colour and exciting Details Gleaner 25/10/1923

Instead of the grim exhibits that are a sine qua non to the average felon, we had somewhat of an altar, and images of the Virgin Mary with crucifixes, candles, swords, robes etc. Thompson, a well dressed man of black complexion and Martin, pleaded not guilty. Mr Hendrick, Acting Clerk of the Courts, conducted the prosecution.

Daniel Howell's evidence: he stated he was a District Constable for St Andrew, and he knew both defendants. He became acquainted with the male defendant in September last. He was introduced to him, or rather the defendant introduced himself to him. He was standing one night in Orange Street at about 7 o'clock. Thompson came along with another man. He was carrying a handbag. Thompson said to him. 'You are sick. You are a sick man. Your wife is also sick and I can help you.' He asked him for his address and defendant replied: 'I am Thompson, and living on the Shortwood Road.' He told Thompson he would come to see him. He went home and told his wife. He said he made a report to the police at Halfway Tree. Howell said he went to Thompson's house on the Shortwood Road. Thompson took him into his drawing room and gave him a chair. Thompson asked him what he could do for him. He told Thompson his wife was sick and he was sick and he had come to see what could be done for him. Thompson asked him if he had brought any money. He said no. Thompson told him he would have to bring 6/ and a bottle of white rum so that he could fix his compass. The followin...

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An Interesting Obeah Case. Hearing of Charge Against Charles Thompson and Evelyn Martin Continues. At Half-Way Tree. Further Evidence given: The Cross-examination by Mr Lewis Ashenheim Gleaner 15/11/1923

Amongst the articles on view were three crosses, a large black one and two brown ones smaller in size on each side. There were four switching rods of electric wire, yabbas, glasses, blue bottles and black bottles, baskets and bags; crow bars and iron bars covered with red and black cloth; steel swords and shepherd's rod; icy-lok and essences bottles, basins and candles, statues and scare, certain imitations of a clergyman's vestments, crucifixes, and tin pans, and a liberal amount of other [illegible] presents too numerous to mention, some being a large key, a pack of cards, a Bible, a watch etc.

Cross-examination of Howell by Ashenheim: Did I understand you to swear on the last occasion that you were not introduced to Thomson? - Yes, sir. Can you tell me how many days it was before the 25th Sept that you saw accused at North and Orange St? - No, sir. At what side of the street were you standing on this particular night? - At the north-east. How long were you there? - Half an hour. Why you were there so long? - I was waiting for a man. Who? - Archibald Gordon, sir. And did he come? - No, sir. When was he to come? - Between 6.30 to 7pm sir. Did you remain there after Thompson came? - No, I went home. Who was the man you saw with Thompson? - I don't know sir. And they just walked up to you and Thompson aid 'you are sick and your wife is sick and I can help you,' and you asked for his address and he furnished it? - Yes, sir. and you made up your mind ...

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Charged With Practising Obeah In St Andrew. Further Hearing of the Case Against Charles Thompson and Evelyn Martin. Evidence for Crown. Defence Started Yesterday At The Trial At Half-Way Tree Gleaner 30/11/1923

Further cross-examination of Williams by Ashenheim: He said that he went into Howell's room at about 3.35pm and made the arrest. There were several crevices through which he looked. He looked through three crevices and Ewart looked through one. One particular crevice was about six inches by one inch. The others might have been smaller or larger. The accused, Thompson, did not say 'forgive,' but said 'give'. His Honour: 'Where did you take the marked money from? - Out of the bag, sir.' 'Where did you take the £5 15s 6d from Thompson? - At Howell's house.

Rhoda Howell's evidence: She stated Daniel Howell is her husband. Some time during September, her husband told her something. Rhoda said she first saw Thompson on the 4th October, 1923. Martin and her husband came with him. They came about eight o'clock. On the same day her husband gave her some tablets and a phial with ointment, and told her something. She put the tablets and ointment aside. Her husband gave her a pint of rum, a candle, a pound of sugar, and a pound of rice to put down. Her husband and the two defendants came in at about eight. Rhoda was in her bed. Thompson took off his jacket and came to her bedside and took her hand and felt her pulse. Thompson said that she was dying, and the case was heard, but he would try. Thompson put his hand on her heart and said that it was beating three degrees above normal. Thompson asked her husband for the things he told him to prepare. Her husband gave him a bottl...

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Gleaner Gleaner 26/02/1924

Appeal against previous convictions for obeah, where Thompson had been sentenced 12 months hard labour and 2 years police supervision, while Martin had been sentenced 6 months hard labour. Number of reasons for the appeal given by appellant's representation, including that the sentences were illegal because they were excessive, and that the particular Resident Magistrate involved 'could not try a case under Obeah Law'. Case was still unresolved when the court adjourned for the day.

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Gleaner Gleaner 28/02/1924

Appeal involved argument that the original evidence notes were not taken satisfactorily; for example much of the cross-examination evidence had not been noted. Also argument was given that entrapment had been used. Luncheon was taken and case adjourned until next day.

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Gleaner Gleaner 01/03/1924

Case resumed. Argument that the instruments found in the house were not necessarily for obeah, as that was just a matter of opinion. Counter arguments from 'learned counsel' that the actions cited had constituted obeah and 'invoking supernatural power'.

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Gleaner Gleaner 04/03/1924

Report of the dismissed appeal, including the written observations of Mr Justice DeFreitas.

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Gleaner Gleaner 06/03/1924

[text of the judgement published; some is illegible but is long report citing other cases and warning police to remain impartial when giving evidence in court].

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Gleaner Gleaner 10/03/1924

Emily (?) Martin pardon from Governor after previous conviction for practising obeah with Charles Thompson. After failure of their joint appeal, Martin later granted a 'free pardon'.

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Categories   
  • Biomedical doctor previously consulted
  • Cash transaction
  • Clothing, bodily characteristics or age of defendant
  • Duppies
  • Notable case
  • Previous convictions
  • Religious affiliation stated
  • Ritual description