Police Journal Online
November 2003
Volume 84 Number 10


"serving the protectors"
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“Unpremeditated murder”

By Allen L Peters

The leafy suburb of Burnside hardly conjures up images of bizarre killings – not today, at least. But nearly 131 years ago, it was the place of a vicious murder, from which questions of motive still remain unanswered.

Death awaited William Wyatt at the home of his part-time gardener on a Saturday evening in 1872. He was said to have had several drinks before he called on James Slape, at around 8pm on December 28.

Slape lived near Wyatt in Burnside, then a quiet foothills village a few kilometres east of Adelaide. That setting scarcely befitted the ghastly incident that would follow.

Wyatt, the 34-year-old son of South Australia’s Chief Inspector of Schools, Dr Wyatt, had supposedly visited Slape to discuss work. Only minutes after he arrived, 41-year-old Slape, himself worse for drink, entered and ordered Wyatt out of his house.

Impassive, Wyatt ignored the order. Slape left the room, before his 41-year-old wife, Catherine – in her final month of pregnancy – entered from an adjoining room. There, she would later say, she had been attending to her children. She would also say she asked Wyatt to leave, as she knew that, under the influence of drink, her husband was dangerous. Wyatt, however, refused to leave. He said he was not frightened of Slape.

Moments later, Slape returned to the house carrying a mattock (a type of pickaxe). He said nothing, but raised the deadly instrument high above Wyatt’s head. Catherine, rather than see the instrument descend, ran screaming to the house of the nearest neighbour.

But descend the mattock did, and when several neighbours entered the house seconds later, they found Wyatt dead on the floor in a pool of his own blood. The blow had left a gaping wound in his head. Standing over his corpse was Slape, apparently sobered from the shock of his fatal action. (Catherine’s later statements would describe him as decidedly drunk before the murder.)

Dr Benson was quickly summoned to the scene, but his services were of virtually no use. From the police barracks came Troopers Fisher and Briggs, who initiated steps necessary to hold an enquiry.

At the subsequent inquest, Slape maintained a stolid demeanour. To onlookers, he might have appeared stupidly indifferent to the entire proceeding. He asked no questions and made no statement, except to say he had no detailed knowledge of the killing, until he heard his wife describe it to the police.

Slape, it emerged in testimony, was naturally simple, quiet, inoffensive and respectful, except when he was intoxicated. Then, he could be very dangerous.

He had married Catherine in 1858, several months after his first wife, Nancy, had died of complications after the stillbirth of their second child. The second marriage – from which came several children – seemed to have been a relatively happy one.

Slape, it was said, had at one time been a habitual drunkard, but had totally abstained for the previous 10 years. In the months preceding the tragedy, however, something had caused him to return to his old habits. And, drinking again, he had seemed, when under the influence, even more excitable and aggressive than he had before.

Some of the first to arrive on the scene of the tragedy said that Slape, who seemed calm yet bewildered and remorseful, made a variety of brief statements. To some he said: “I did not mean to harm him, but he is as bad as I am. He should not have lost his self-respect.”

Then, pointing to Wyatt’s lifeless body on the floor of his cottage, Slape said to another witness: “I would not for the world that he should be there. I did not think it would come to anything like this.”

After the Coroner, Dr Charles Davies, heard all the witnesses’ statements, he addressed the jury. He said he had no doubt the evidence would be as conclusive to the jury as it was to him. He explained that no evidence had been presented to provide a motive for the fatal attack, but added that that was of no concern to the jury. He said that, while Wyatt’s killing had not seemed premeditated, he did not think it possible for anyone to show it to have been manslaughter. There could be no doubt, he continued, as to who the victim was and, likewise, who had committed the act.

After a 30-minute retirement, the jury presented the Coroner with a written verdict, which read:

We find that the deceased, William Wyatt, Jnr, came to his death by a blow inflicted by James Slape; but we desire to add that knowing the kind disposition of the prisoner and the extreme influence exercised upon him by drink, under which we have no doubt that he laboured at the time, we believe that he was not in his right mind at the time of the occurrence.

The Coroner rejected this verdict, as the jury had failed to nominate an offence – murder or manslaughter – of which they considered the prisoner guilty. The Coroner recommended that the jury reconsider its verdict.

After a brief consultation, the jury returned a verdict of “unpremeditated murder”.

Slape was committed to stand trial in the Supreme Court for murder, taken into custody and transported to the Adelaide Gaol.

After he arrived at the prison – a few minutes before 8pm on a Sunday evening – Slape was escorted to a cell in yard number four. There, he was given bread, a pannikin of tea and some bedding, and locked in for the night.

When the turnkey unlocked the cell at around 6am the next morning – December 30, 1872 – Slape spoke to him in a quiet, rational manner, saying: “It’s drink that’s brought me to this. I have never given trouble to anyone before, and I have never been locked up ’til now.”

Then, of his victim, Slape said: “Poor young Bill. This should not have happened for all the world if I could have helped it now.”

Other turnkeys, who visited Slape during the day, said he appeared rational and remorseful. They heard him say he knew nothing of his crime until he heard his wife speak of it to the police. He also said he was sorry for the trouble he had caused, but knew he had offended while he was drunk. He added that he wished Wyatt had killed him.

A midday meal was brought to his cell a few minutes before noon, when Slape requested a Bible. A short time later, a Douay Bible was delivered to him. He rejected it and asked for a New Testament instead.

Slape received a New Testament Bible in his cell at 3:30pm. He was grateful and, after a few minutes’ conversation, was left alone to read it.

About 30 minutes later, another visit was paid to Slape’s cell. This time he was found dead. One end of a piece of rope had been taken from the hammock in his cell and attached to a window bar above the door. It seemed Slape had then tied the other end around his neck as he stood on an upturned chamber pot. He then apparently kicked the pot out from under his feet and slowly strangled to death.

The New Testament was lying open on the hammock where Slape had likely read it. It was open at St Luke, chapter 22, verses 12 to 61.

A Coroner’s inquest followed Slape’s death. After the jury heard the pertinent evidence, it returned a verdict of fel de se (suicide).

To summarize the murder and subsequent suicide, a newspaper journalist wrote:

So far as the facts have as yet been disclosed, there is a singular lack of motive for what has taken place.

The son of an old and highly respected colonist had been set upon and killed like a dog upon what seems to be the very slightest of provocation; his murderer lying in his cell awaiting trial upon the finding of a Coroner’s Jury, which refused to look upon his offence as one of extreme heinousness, has taken his own life; and the public are left pretty much in the dark as to what has caused matters to take such a serious turn.

Assuming that the madness produced by drink induced Slape, who is spoken of as being for the most part a quiet inoffensive man, to brain his Saturday night visitor, why should he in his sober moments have deliberately set to work to kill himself?

Probably the real ground of grudge against Mr. Wyatt will never be known, and that is now of no great consequence that it should be. Had Slape lived to stand his trial it would have been necessary that all extenuating circumstances should have been brought to light, but as he has seen fit to execute sentence upon himself, the only grounds for strict enquiry are consideration for his memory and for those whom he has left behind.

Slape’s body was later interred in the West Terrace Cemetery.

Ten days after his suicide, his wife gave birth to a baby girl. And, exactly one year to the day after Slape hanged himself, his sister-in-law’s stepsister, Elizabeth Woolcock, was hanged in the same prison for poisoning her husband.



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