Probably no case in Victorian legal history created such world-wide interest as that of a case which occurred out of the removal of a dead body of a Chinaman in 1893. The Chinaman, a clean living man by the name of John Chatty, was a highly respected resident of Warrandyte for more than 35 years; he lived in a 3-roomed cottage on the corner of Forbes and Yarra Streets.
In 1893 he became ill with what was thought to be consumption, towards evening on Saturday July 15th, he grew progressively worse. Harry and Alfred Squires (proprietors of the local general store) who had been benevolently taking him soup, rice and other eatables during the past 3 or 4 months of his illness, were anxious to call a doctor, but Chatty refused to have one, but asked that they call the local police officer in order that he might write his will. At 8 o'clock Mounted Constable Wade called at Chatty's home but it was too late, he was already dead.
Later that evening Constable Wade instructed Joseph Shortland to take charge of the body until the burial on the Monday; late on the Sunday night two men are known to have called at the house carrying half a gallon of beer and some whisky and ale. The attendant went to sleep for the night on the couch; next morning he awoke to find the front door off its hinges and the body missing. It was later found by Constable Wade under a culvert about 60 yards away, it was awfully desecrated and had a fishing rod in its hand.
The news of such a disgusting event caused a considerable stir in the Melbourne press, and there were many demands that action should be taken against the offenders. The authorities, however, bided their time as if they were not sure whether to take action or not. Nothing did happen for a fortnight, when John Mullins was charged with assaulting Harry Squires; it appeared that the latter had accused Mullins of removing Chatty's body, words led to blows, and the police were sent for, and it was only after much difficulty that they succeeded in lodging him in the lock-up. Mullins was fined £1 and sentenced to a month's jail, and ordered to pay 5/- compensation for Constable Williamson's torn jacket. The presiding Magistrate, Major Bartrop, said that he regretted that a young man of such respectable parents should have so far forgotten himself; however, two witnesses called by the defence testified that Mullins was not insulting to the police, either in his words or his demeanor.
Some weeks after, John Mullins and William Atkins were apprehended and charged with indecent behaviour to the corpse. Though the people of Melbourne and other localities were not slow to express their disgust at the affair, there was a good deal of sympathy for Mullins and Atkins who, they thought, to some extent were being singled out.
Fearing that an attempt would be made by Warrandyte people to spirit away a witness, the Police Department sent Constable T. Kane of Brighton to do plain clothes duty in Warrandyte. A large and excited crowd gathered outside the court house on August 27th, the date of the hearing. No attempt was made to open the doors at the usual time of 11 a.m.; the Stipendiary Magistrate, Hon. Justices and police officers could be heard in earnest discussion; at 11.45 several policemen appeared and caused a sensation by entering the crowd and arresting John, Patrick and Sylvester Mullins, Joseph Bernstein and John Sloan on a charge of riotous conduct the previous Friday evening, in that they attempted to spirit away a witness named John Blair. The accused were remanded on substantial bail for a month. On the charge being called against Mullins and Atkins, Inspector Walsh stated that he was not willing to proceed as an important witness had left Warrandyte. The case was likewise adjourned until the next court hearing.
On September 29th, they were proceeded against by Constable Wade. The court house was crowded with spectators and the bench comprised of Major Bartrop P.M., and 5 honorary justices; Captains Selby and Russell and Messrs. Cameron, Hutchinson and Stiggants. Mr. Lyons for the defence immediately rose on an objection, claiming that no offence had been disclosed in the charge but he was overruled.
Joseph Shortland stated that he was alone in the house until about 10 o'clock, when John Mullins, William Atkins and John Blair called; he went to sleep soon after and heard nothing until he was awakened by Alfred Squires at 6 a.m. To Mr. Lyons he said "John Blair left about 10 o'clock and Mullins soon after. Mullins went to see the body before he left."
John Patrick Blair, miner, said that he called at Chatty's house on the Sunday evening - several men were there. Mullins and Atkins were with the body, and Mullins said that they required drinks for the night. "I got some beer in a billy and left shortly after; Mullins followed saying 'Wouldn't it be a lark to steal the body.' On the road he started a sham fight and called out to Joe Shortland to come out. There was no answer and he said it was no use. I then started to go home, but found I had left my pipe behind. I went back and saw Mullins with the body in his arms, he laid it down about a panel from the road around the corner towards the river, he then went back to the house and entered by the door where the men were. He later saw William Atkins come out. He said "Hullo what are you doing here?" I said "Hullo what are you doing here?" He said "What do you see, and what do you know?" I said "I know nothing, and I am blind, the best thing you can do is to go home." I later had a conversation with Mullins on July 23rd, he offered me some strawberry plants and said "I am afraid the lads are going to get into trouble up the road -- say nothing!" I said I would say nothing."
Mr. Lyons: "You broke your word, you promised to say nothing and then went and told a policeman."
Witness: "But that was compulsory."
Mr. Lyons: "It was not compulsory, and I give you this information gratis, no policeman can make you answer anything."
To Mr. Lyons, Blair said he had a little out of three billies, but he was not drunk. "When I saw Mullins with the corpse, I said 'You demon, what are you doing here?' I gave him every chance to put it back."
On the court resuming after the luncheon adjournment, Mr. Lyons submitted that, as no evidence had been offered against Atkins, he should be discharged. Major Bartrop agreed that there was not sufficient evidence to place him on trial, and he was discharged.
On behalf of the defendant Mullins, Mr. Lyons said that there was no indictable offence, if his client was connected with the affair and he was not going to admit that he was, or whoever did it, punishment could be meted out for behaving in an indecent manner. It might have been the result of a lark or a drunken spree, but he quite agreed that it was indecent, and none of those present would care to have the dead bodies of their relatives interfered with in such a way. But the charge as laid against his client had no foundation, and no precedent. There were only two classes of such an offence, the removal from the grave and the disposal of the body for gain or profit. If it was an offence, it would equally be an offence to remove the body from one room to another without authority.
Mr. Gurner for the Crown, replied that the charge was one of indecent behaviour to a corpse. Though it was difficult to quote a case that directly had bearing upon it, the inference decidedly was that it was a common law offence.
Major Bartrop stated that the bench was of the opinion that a case had been made out, some of the justices wished to deal summarily with it, but the majority were not agreeable and consequently they would have to commit the accused for trial.
Mr. Gurner at first objected to the General Sessions and named the Supreme Court, but subsequently withdrew his objections.
The charge of riotous conduct against John, Patrick and Hugh Mullins, Joseph Bernstein and John Sloan was then proceeded with. Mr. Lyons again rose on a preliminary objection, contending that his clients were not properly before the court, as summonses would have done and the warrants were not necessary. The objection was overruled and Mr. Gurner stated that the riotous conduct had occurred in an attempt to spirit away a witness named John Blair. He called Constable T. Kane of Brighton, who proved that he went to Warrandyte on the 22nd August and remained until the 26th. He was ordered to conceal his identity. He remembered a disturbance taking place on the evening of the 25th. "At 7 o'clock" he said, "I saw the defendants holding secret meetings both in and out of the Warrandyte Hotel. I met Constable Wade and had a conversation with him and he went back for his horse. Later, when I was outside Mrs. Hayes' hotel I saw him go past in the direction of Ringwood at full gallop and I heard a yell let out at him from the opposite side of the road. Whilst in Hayes' Bar, Prisoner Sloan and Patrick Mullins came into the bar, they called for a drink and asked me to have one, which I had. After this I left and went towards Sloan's Hotel. Just when I was in front of the hotel, I saw a horse and buggy being led from Sloan's back yard. It was brought out hurriedly and was followed by a man carrying two lighted lamps, the buggy was driven by Sylvester Mullins. Just at the same moment John Blair, the witness in the then impending case, came out from the bar followed by 7 or 8 men - perhaps more - accompanied by his brother. As John Blair passed he made some remark and a conversation took place between John Mullins and someone else whom I do not know. I said to John Blair "Where are you going?" and he said "To Templestowe." I said "Who are you going with?" and he said "John Mullins." I said to Blair "I want to speak to you." I tapped him on the shoulder and led him aside and the prisoner Pat Mullins stepped up to me and said "What do you want him for?" I said "For private reasons." At this stage the crowd gathered around me menacingly, including defendants, John Mullins, Patrick Mullins and John Sloan and the other whom I believe to be Joseph Bernstein. They closed around me and I said "I am a constable, I can conceal my identity no longer; I know your plans and I mean to upset them. Sylvester Mullins then got the buggy close to Blair and said "Come on Jack, get up" and held his hand out to assist him up. Michael Blair caught his brother by the arm and succeeded in pulling him along the road. There was a good crowd around and they commenced to dispute me but can't say who - prisoners were among them. I followed up closely and they called me ugly names, when I got up to the buggy again Sylvester Mullins was trying to get Blair in and the crowd was still menacing. I put my hand in my pocket and pretended to draw a revolver and said "Whoever interferes will have to take the consequences for his act"; a voice which I believe to be the accused, John Sloan, said "Hold on Paddy -- don't go any further." At this stage we approached Hayes' Hotel, as they were all in an excited mood I called to Mrs. Hayes to take charge of Blair and lock him in a room, which she did. I had a conversation with her and later went to Sloan's Hotel and got my portmanteau and brought it back to Hayes'. Blair was brought to the fire and I was sitting with him and a man named William Lewis, when John Mullins opened the door and walked up to where Blair was sitting. I said to Mullins "What do you want here?" He said "I want to see Blair." I said "I am engaged with him and the room is private." He said "It is a public room and I have a right here." I ordered him out, he refused to go and I put him out; he tried to get in again but I put my shoulder to the door. After using some language he went away.
I was again seated in the room when Patrick Mullins came in. I asked what he wanted and he said it was a public room. "It is not and I ask you to leave it." He would not and I threw him out. He and John Mullins then tried to force the door in, but I kept my shoulder against it and kept them out. The next morning I left by the first coach."
Cross examined by Mr. Lyons, Constable Kane said that he had not specifically engaged the room. "I did not have a warrant to arrest Blair, he did not ask me to arrest him; he said he wanted protection badly. Bernstein was there all the afternoon. Someone jostled me, I believe it was John Sloan."
Mrs. Hayes stated that she was the landlady of the Anderson's Creek Hotel. On the evening in question Joe Bernstein and McGill came into the bar for drinks. Bernstein asked if Jack Blair was there. "I replied 'Don't come here for damned information.' That's all I said, I was vexed." Cross examined by Mr. Lyons, Mrs. Hayes agreed that the room was usually a public one.
Michael Blair gave evidence that he was a miner residing at Warrandyte. On the 25th August he was in company with his brother John, they were singing some old favourite songs at Mrs. Birrell's place when John Mullins called and said he wanted to see my brother John privately. My brother went outside and did not come back, after a while I went after him".
Mr. Lyons: "The same old story Mick."
Witness: "No."
Constable Wade was the last witness called, he stated that on the night in question he was on duty about 9 o'clock. Acting on information he received, he got his horse and went in pursuit of a buggy; he first went in the direction of Ringwood; after going some distance he was convinced that it had not gone that way. He returned and went towards Kangaroo Grounds, with no better results; on returning to the township he noticed the buggy there.
At this stage the bench discharged Hugh Mullins.
Mr. Lyons, in his address for the defence, stated that, on the day the alleged riotous conduct took place, John Mullins called at his office in the city and, owing to a delay, was prevented from catching the Anderson's Creek Coach to return home, so he walked from the Heidelberg Station to Templestowe where his brother is working at Mr. Calder's blacksmith shop. Mr. Calder lent his buggy to them and Sylvester drove his brother to Anderson's Creek. On the way they called at Blair's place and gave John Blair a lift to the township. When returning it was only natural that Blair should be offered a lift back, and it was at this stage that Constable Kane interfered. As to the other evidence he was prepared to call witnesses who would deny it; it was only the coining of the imagination of the constable but, before calling witnesses for the defence, he would ask the bench if it was necessary as he contended that there was so little evidence to justify the charge. He would point out to the bench that they would have to confine themselves to what had taken place inside the hotel, and also to bear in mind that there was nothing to show that the room was a private one, but on the other hand it was always used as a public one.
The bench retired and, after a short absence, returned and discharged all the defendants with a caution. Major Bartrop stated that high praise was due to Constable Kane for the manner in which he had acted. There were circumstances in the case that justified the belief that an attempt had been made to spirit away a witness, but the evidence was not such as to sustain a charge against the defendants.
Mr. Lyons then intimated that his client Bernstein had instructed him to withdraw his case against Mrs. Hayes for abusive language and, as it was well past 6 in the evening, the remaining cases on the charge sheet were adjourned to the next court sitting on October 23rd.
The trial of John Mullins for "entering a dwelling house at Warrandyte on July 16th, 1893, and indecently removing the dead body of John Chatty against the peace of the Queen, Her Crown and dignity" was commenced on October 2nd, before Judge Chomley and a jury of 12. Mr. Walsh Q.C. appeared for the prosecution and Mr. Field Barrett instructed Messrs. Lyons and Turner for the defence.
Mr. Barrett stated that there had been much drinking and singing on the Sunday night and Mr. Walsh caused laughter in the court when he referred to some young men who called into the house and sympathised with the body.
John Blair was again the principal witness for the crown and largely repeated the evidence that he had given in the lower court, excepting that at the General Sessions he testified that he actually saw Mullins put the corpse in the culvert.
Mr. Barrett, in opening the case for the defence, strongly criticized the conduct of John Blair whom, he said, had committed the offence and then thrown the blame on an outsider. He called Edward Hollaway, a miner, who stated that he was at Sloan's Hotel on the night in question. He saw John Blair there, he had a pair of boots with him. Shortland accused him of taking them off the body. Blair said he had found them on the road. Witness had no idea what had become of them afterwards.
Sylvester Mullins, blacksmith, residing at Templestowe, stated that John Blair was the worse for drink. He asked witness to go down to Chatty's place as they were going to have some fun.
Arthur Foxcroft, miner, stated that he saw John Blair in Chatty's house. They had beer and plenty of it. John and Michael Blair and Shortland were drunk. John Blair said he was going to take Chatty's boots and Shortland said he had better not.
Alex. Atkins, miner, said that he and his brother William were at Chatty's place. They left the house and went down the road but later returned and stood opposite the house. Witness saw the door open and a man walked out with something in his arms; he came within a few feet of him and he recognized him as John Blair.
Mr. Barrett: "What did he have in his arms?"
Witness: "A corpse. The hair was uncovered and the body was partly covered by a sheet."
Mr. Barrett: "What did John Blair do with the body?" "He carried it towards the Yarra."
"What did he do with it then?" "I did not see - we went away and when we returned shortly after, I saw Blair pick up the corpse again. I suggested to my brother that we should follow and see what he did with it. We followed him and saw him throw the sheet into the river. We returned towards Sloan's Hotel."
Mr. Barrett: "Your brother was charged with the offence on Blair's statement?" "He was."
His Honour: "Was he charged with the offence?"
Mr. Barrett: "Yes, he was discharged in the court below."
To Mr. Finlayson for the prosecution, Atkins said he did not say anything about this to the magistrates or the police because Mr. Lyons had advised him not to do so.
William Atkins corroborated his brother's evidence. Asked by Mr. Barrett if he had any doubt that it was John Blair who was carrying the corpse witness said "No - I spoke to him. I called out 'What have you got there?" Blair replied "Is that you Jack?" "I did not answer."
To Mr. Finlayson, Atkins said although he knew the offence to be a serious one, and was charged with it; he did not say anything about this to the police as he was advised not to.
His Honour, in summing up, said the fear of the living man on the part of the accused, might have led him to commit the offence. A letter written by the prisoner had been tendered in evidence in which he expressed fear as to his life from the deceased over an unpaid gambling debt. He might have considered it an act of revenge to outrage the dead, but whatever the motive the act was an atrocious one. The jury must not look into the guilt of other persons. The prisoner was the only person on trial and it was for them to say whether he was the guilty party or not. It was a pity that the defence had not disclosed their case sooner, but they could not be blamed for not having done so. The Crown must always lay the whole of the facts bare at the preliminary investigation, but it was not incumbent on the prisoner to do so. He had the right of reserving his defence and that was what had been done in this case.
The jury, after a retirement of half an hour, returned into court with a verdict of "not guilty" and Mr. John Mullins was discharged.
The case received wide publicity throughout Australia and was even featured in the English press under the title of "Ghouls of Warrandyte".
Source: We believe from handwritten notes in records that the following text is an unpublished manuscript in 2 volumes (Ch1-11 and Ch12-21) written by Louis Radnor Cranfield (1927- 14 Oct 1992) F.R.HIST.S. (Fellow of the Royal Historical Society). Find a Grave Record. National Library of Australia Record.
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