[manslaughter - police, criminal defendant - Port Arthur - coal mining - convict escape, man killed during]

R. v. Bellis

Supreme Court of Van Diemen's Land

Montagu J., 11 August 1838

Source: Hobart Town Courier, 17 August 1838[1]

Robert Bellis was indicted for the manslaughter of James Hall, on the 13th of July last.

His Honor inquired if the prisoner had any counsel.

The prisoner replied in the negative.

A Military Jury was then sworn, and the prisoner was given in charge.

Mr. Ross addressed the jury on the part of the crown; and stated the different facts of the case.

Charles Smith sworn and examined by Mr. Ross. -- Is a constable at the Coal Mines; has been stationed three years there; recollects a man named James Hall losing his life; Hall was a prisoner of the crown, and a labourer at the new shaft at the Coal Mines; witness saw the deceased three weeks since, at 10 o’clock in the morning, on the day previous to the 12th of July; saw him at work in the government gang with irons on; he was under the charge of witness; knew the deceased well; did not know where he had gone on the morning of the 12th July; saw the deceased in the custody of the prisoner at 1 o’clock on the 12th July, who told him that he had apprehended James Hall near Salt Water River about three miles and a-half from the Coal Mines; saw Hall alive at the guardhouse at 5 o’clock on the 12th of July; Hall was ironed at that time; heard some conversation between the prisoner and Hall; saw Hall again on the 13th of July at 10 o’clock in the morning, at the watch-house in the custody of prisoner; the prisoner was armed with a musket; the prisoner and the deceased man Hall started at 10 o’clock for Port Arthur; did not see Hall afterwards; the Coal Mines are about eighteen miles from Port Arthur; he first heard that the deceased was absent at half-past 2 o’clock in the morning of the 13th of July.

In answer to some questions from Mr. Justice Montagu, the witness stated that the deceased, Hall, was dressed in yellow clothes; there had been no quarrel between the deceased and the prisoner that he (witness) was aware of; saw both the deceased and the prisoner leave the Coal Mines together; witness did not know Hall by any other name; the deceased answered to the name of Hall at muster.

Surgeon William Benson, the Assistant Colonial Surgeon of Port Arthur, was sworn and examined by Mr. Ross. -- He described the wounds which he had found on the body of the deceased man, James Hall. There was one in the neck, which had gone in at the forepart, and come out at the back; there was another in the right wrist which had gone through, and would have caused death if there was not an immediate application; the wound in the neck was mortal; he found the body of the deceased lying upon the ground about six feet from the road and near a fire; the arms of the deceased were drawn up and across his chest; his legs were bent up also; he supposes that the wound in the wrist was occasioned by his raising his hands up instinctively when seeing the gun pointed at him; the deceased had irons on him; the soldier had told him (witness) on his way to the place where the body was lying, that the deceased had gone off the road, and that he (the prisoner) had called upon him to return, and received no answer -- but presently he heard a person rushing towards him, and fearing that it was for the purpose of depriving him of his arms, he fired and shot Hall; the prisoner did not express any regret to witness for the act which he had committed. Mr. Benson underwent a long examination by His Honor, and gave his evidence in the most lucid manner.

One or two other witnesses were produced on the part of the crown, but nothing material was elicited from them.

The prisoner on being called upon for his defence handed in a written document, the purport of which was that the deceased had been in charge of him from the Coal Mines to Port Arthur, he several times on the road refused to go on, and that the prisoner was obliged to threaten him with violence to make him move on -- that the deceased at last told him he did not intend going into the settlement, and ran off the road into the scrub; the prisoner called to him to return and received no answer; in a short time he heard a rustling in the bush, and fearing that Hall was about to rush upon him for the purpose of taking his musket; prisoner fired and saw Hall fall; he went up to him and spoke to him (deceased); the deceased only groaned and expired; prisoner immediately lighted a fire near the body, and then proceeded into the settlement, when he (the prisoner) reported the circumstance, he was sorry for the occurrence, but considered he had done nothing but his duty.

The learned judge then charged the jury at great length.

The jury after a short consultation acquitted the prisoner.

During the trial the court was crowded to excess, and the greatest anxiety evinced by the hearers for the result.