Windermere Street Tragedy

The Windermere Street Tragedy occurred on 21 October 1898, when two teenage brothers murdered their father to protect the family from further domestic violence and abuse. Alfred and William Blomeley were charged with murder, but the court, after hearing the evidence, dismissed the charges against them.

The details
The following is the report from the Ballarat Star which describes the terrible events that took place in Windermere Street: WINDERMERE STREET TRAGEDY. BLOMELEY BOYS CHARGED WITH MURDER. THEY ACTED IN SELF DEFENCE. BOTH DISCHARGED. Yesterday the City Court was crowded to excess with curious folk, who had been attracted there by the fact that the two boys Alfred and William Blomeley, were to be placed on their trial on the charge of wilfully murdering their father, George Blomeley. The boys, who both showed signs of having suffered keen mental anguish while on remand in the gaol, were accommodated with chairs in the dock. The widow and her children, all of whom were in deep mourning, were sitting in the body of the court, and the boys wore black bands round their arms. The case for the Crown was conducted by Mr J. T. T. Smith, and that for the defence by Mr Fred. Ham. Mr Phillips, executor to the estate, and Messrs E. Blomeley and J. Brodie, the boys’ bondsmen, were also in court. The presiding magistrates were Messrs C. C. Shoppee and S. Morrison, J’s.P. Mr J. T. T. Smith said that all would regret having to appear in this case, and all the sympathy would rest with the accused, but the boys had committed a crime, and must put up with the consequence. The onus of disproving the charge would rest with the defence, who would have to show some reason for justifying the offence, or else some cause why it should be reduced to manslaughter. The parts of the case that seemed to press most heavily against the boys was the fact that they, had purchased the revolver, in the first place, and the fact that one passed it to the other. He would first call the medical evidence.

Medical Testimony
Dr Pinnock said that on the morning of the 21st October he was called to see the deceased, by one of the accused boys. He went to the place in Windermere street, and found Blomeley, sen., sitting on a bed in his office. He was smoking, and was quite conscious. There was a deal of blood over his face and clothes, and he appeared to be quite sober then. Witness examined him, and found a wound at the inner angle of the orbit, and another on the tip of the nose. They were both powder stained, and were distinct wounds, evidently made from within a few feet. Deceased made no statement. Witness probed the wound in the orbit, and found it to be 3¼ inches deep, slightly downwards, below the brain. He found there what he believed to be the bullet. He paid another visit with Drs Teevan and Woinarski and the former administered chloroform while witness made a second examination of the wound. Dr Woinarski confirmed witness’ opinion that the bullet was in the wound. They endeavored to extract it but failed, and decided, as the brain was not injured, to leave it in the wound. Witness took charge of the case. Blomeley was confined to his bed, and the third day he had convulsions, which passed off, and did not return until a few days before his death. He had male attendants all the time. Witness made a post mortem on the deceased in the presence of Dr Affleck Scott and Dr Woinarski. Witness made notes of the examination, which he now read, showing that the body was well nourished, and the wounds as described by him in his evidence. The base of the skull was examined after the brain was removed, and was found to be slightly splintered just over the track of the wound. No bullet was found in the head or body, and the opinion was expressed that the bullet had become dislodged and passed into the stomach, and thus through the body. (Dr Pinnock produced a section of a skull, by which he explained the track of the bullet to the bench.) The cause of death was softening of the brain through inflammation arising from the bullet wound. In his opinion there had been no softening and lesions of the brain before the injury was sustained. The other organs were fairly healthy, though the liver and kidneys showed signs of the changes resulting from alcoholism.

Mr Ham—Did you see any of the boys at the house? Witness —Yes, and I asked him what interval ensued between the firing of the shots, and the boy (William) said about three minutes. Did you ask him anything else? Did you seek for an explanation of their firing at their father ? Yes; and the boys said that the father had them all in terror of their lives, and was knocking his mother about. I asked him if this had occurred before, and he said that they had often had to stay up all night in consequence of his attacks on their mother. Did Blomeley make any admissions to you ? Did he said he did not know what had happened ? Not to me. Did he say, "I might have done anything when I was drunk." No; be only said that he did not know he was hit at all until he found himself bleeding. Nor did he lose consciousness, which witness considered remarkable. Was it a fact that before he died he had to be strapped down ? Yes; he was restless. And were not the two men in attendance when this strapping down was done? Sometimes they might have been. And both men were powerful and able bodied? Yes. And how long before death was he strapped down ? On the 28th October he persisted in trying to get out of bed, and was fastened in. After the 31st be became so weak that strapping was not necessary. And what was his diet ? Liquid and farinaceous foods only. Did you use a probe in locating the bullet? Yes. What was the last time you located the bullet? The same day as it was fired. Well, supposing this man had come home drink some days before this affair and fallen against his forge, would that have caused the fracture of his skull you describe? No, not such a fracture. Were there any indications of this fracture when you examined him? The convulsions on the second day would have indicated the inflammation ensuing on a fracture. If the bullet was fired as you say, at a distance of four feet, can you account for its not entering the brain? It became impacted against the most firmly resisting portion of the skull. What part did alcohol play in this matter? There was a possibility of his recovering, according to authorities, if he had been a temperate man. Alcoholism undoubtedly hastened his death.

Dr Gerald Affleck Scott gave evidence of the post mortem, agreeing with the notes of conclusions arrived at by Dr Pinnock. There was an old standing injury to the right eye, and on examination he found a small piece of metal in the back chamber of the eye with portion of the lens attached there. This had been there for a long time, but witness saw the bullet produced, but did not compare it with the wound. Dr Pinnock (recalled) said that he compared the bullet with the wounds and found that they corresponded Mr Shoppee—Both you and Dr Scott have referred to this as a bullet wound, yet neither of you found a bullet. Witness—There are certain characteristics of bullet wounds that appeared in these wounds. There could be no doubt that these were bullet wounds.

John Walsh, licensee of the Redan Club hotel, said that he had seen deceased at his place on several occasions. Witness had seen him drunk several times. On the night of the 20th ult., deceased was at witness' place, and was perfectly sober as far as witness could judge. He left at 11 o’clock and was not drunk. He had three or four whiskeys at witness' hotel. Mr Ham - He would drink considerable liquor before one would notice it. Yes, and that, evening someone remarked in the room, "What is wrong with Blomeley. He is strange." He was noticed to be peculiar. In what way? I cannot say. Did he take any liquor away from the house? None at all.

Evidence of the Widow
Janet Blomeley, widow of the deceased, said that she had lived in Windermere street for the past ten years. Her husband was forty-six years of age at the time of his death, and her son Alfred was 18 years, and William sixteen years of age. On the night of the 20th October her husband came home about 11 o’clock. He occupied a room known as the office. The back bedroom was occupied by the two of the younger girls and three boys, accused amongst them. Witness and her eldest daughter and the infant occupied the front bedroom. Her husband occupied the office as a bedroom for a fortnight before the occurrence. When he came home he entered the house from the back. Witness was preparing to go to bed, and the accused were in bed. A lamp was burning on the kitchen table, and when deceased came in he called witness by name and she went to him. Witness I thought he had had a good deal of drink. He said to witness, "How is it that your son is not up to protect you as he has been other nights ?" Witness said, "We were all tired and went to bed." He then called Alfred, and said, "Your mother is always tantalising me, and you will find it out when it is too late." He said something to Alfred about the work in the foundry, and the latter made no reply. The deceased then went to bed.

Up to that time there had been no quarrelling, but a few minutes afterwards he called witness again, and she went to his room. He was in bed, and she stayed talking to him until about 2 o’clock. He seemed peculiar in his manner, and commenced to be nasty with her, and at last he jumped out of bed, and caught hold of her by the hands and knocked her head against the wall. He said he hated witness, but did not say why. He caught her by the throat and threw her on the bed, and tried to strangle her. He struck her a severe blow on the side, and she tried to get away from him, and he struck her in the face, and the blood ran out of her mouth. Her son Alfred came out of his room, and said, "Now, dad, that's enough;" and at that time she heard a pistol go off. She did not hear her husband say anything to the boy. She and her husband were still struggling when she heard the revolver go off again. She heard Alfred say "It won’t go off," and she thought William fired the second shot. She thought three shots were fired in all. Her husband said to witness, "I would kill you if you were worth it." After the shots were fired she felt blood running down her face, and called out, "Oh, don’t, you have hurt your father;" and she then struggled away from her husband, and, catching up her baby, she ran out of the front door, followed by the rest of the family. Deceased chased them out and ordered them in again, and they went as far as his bedroom door. There was some blood on his face and in the passage. Deceased said to Alfred, "What did you do this for?" and the accused said, "In self defence; you’re killing mother." Deceased made a catch at them, and they all ran out again, and stayed all night in the paddock. They saw deceased walking about the paddock with a candle. They stayed in the paddock all night, and towards morning went to the North Star mine and warmed themselves at the furnaces.

Witness’ eldest daughter went for the police, and they all went back to the house. Witness did not see her husband often during his illness. Witness did not know that the boys had a revolver, and heard them talking of target practice months before. Alfred was in the cadets. She asked them after the affair what they bought the weapon for, and they Said that they had asked their father’s permission to go target shooting on the 9th November. She did not know the boys had bought sixpenny worth of cartridges. She said—" I am very sorry to think you did that with the pistol.” Her husband had assaulted her about a fortnight prior to the 21st October with a stick and severely injured her. The boys came to bar assistance, and tried to take the stick from him. Deceased made a blow at Alfred, which he dodged, and the eldest girl received the blow across the head. Witness could not get up next morning, and had to have hot fomentations applied to her injuries. He frequently ill-used her during that fortnight. He had ill-used her more or less during their married life. Deceased had beaten Alfred ’’black and blue” at Easter with the crupper of a saddle. Her eldest daughter had complained to the police of deceased's ill-treatment. Cross-examined—Witness and her husband had occupied separate rooms for seven or eight years. On the night of the 20th she asked him to make it up and he refused. One one occasion he was beating her and a Mrs Patterson came in and said to him, ’’ George, I never thought I would live to see you doing such thinks to the wife,” and be replied, "It is all that infernal woman.” He ordered them all out except Alfred. She asked him for a shilling the day before the tragedy, and he replied, "If you had been a wife to him you would not have had to ask for it, and you had better buy a rope and hang herself,” at the same time kicking her.

On another occasion he was lying in bed with a bottle of whisky on a chair beside him, and when she went in he lifted the bottle and threatened to kill her with it. He had blackened her eyes some six weeks ago, and had not been on speaking terms with her. Mr Ham—Have the boys ever tried to prevent their father attacking you? Witness —"Yes, time after time they have tried to stop him. Has your husband ever beaten you with his umbrella? Yes, and Alf tried to prevent him, and my husband threw half a brick at him. Do you remember his doing anything to you a fortnight before the shooting? Yes, with a walking stick, and Alf. tried to get it away from him. Has your husband frequently come home under the influence of drink? Yes, and beaten me on an average two or three times a week. And have the girls tried to prevent him. Yes. On this night was there anything unusual about him. Yes, he was strange and excited, and I was afraid of my life. Had the boys not interfered I am sure something would have happened. Did he bring much liquor home? Yes. Sometimes he would keep a dozen bottles of whiskey in the house, as well as beer and ’’kummel.” He often said to her, "This is half a bottle I have drank now.” On the night of the affair be took a bottle of whiskey into his bedroom. How much did he drink of it? He drank fully half a bottle that night. Your sons did not go out at night? Very little. They were afraid to. Do you know that Alf did not take his clothes off when going to bed at night ? Yes; and I have said to him, " Why do you not take your clothes off?” and he said he was frightened to, as he thought his father would start growling at his mother at any time. Mr Smith —But if yon were afraid of your life why did you not appeal to the court? Witness—l tried to avoid the disgrace as much as possible.

The Revolver and Cartridges
Simon Cohen, manager at Louis Cohen’s, Main street, deposed that the revolver produced was purchased at his establishment on Monday, 3rd October, but he could not positively identify either of the boys as the one who bought it. He thought, however, that the younger Blomeley was the boy. The price of the weapon was 7s 6d, but no ammunition was sold. Cross-examined—He would not swear that either of the boys purchased the weapon. Thomas Nicholson, salesman at Dawson's ironmonger’s shop, deposed that the boy William bought some cartridges for the revolver which be brought with him:

Evidence of Daughters
Anne Blomeley, daughter of the deceased, stated that she heard her father come home on the night of the 21st October. The evidence of this witness corroborated for the most part that of her mother. She fell asleep while her mother was in her father’s room, and was awakened by a bump on the wall, and heard her mother say, "Oh, George, don’t.” The next thing she heard was her brother saying, "Now, dad, that’s enough and then she heard the shot. She got up and ran into the passage, and opened the front door, and then went into the street. On the way she called out, “ Murder! Police!" She ran down to the Redan Police Station. She saw a constable, but did not tell him the had heard the shot fired. She ran home again, and found her father standing on the verandah, and the other members of the family in the garden. Her father abused her, and she ran away, and went for Constable Hooley, but she did not think she told him about the shooting. Hooley told her to go home and see if they were stopped.

She went back, and saw her mother and the other children in the paddock. She saw her father leave the house and go down Windermere street. He came back again, and witness and the others stayed in the paddock until 5 o’clock, when they went to the mine. Nothing was said about the shooting in her presence. Alf said to witness, " Go and tell Constable Stallard to come over,” and witness went and told Hooley, and from thence they went to Stallard’s, and brought him to the mine. She saw the revolver in All’s possession about a month before, and he told her that be was going to ask permission to go out shooting with Will at the butts. Mr Ham —Were you all frightened of your father that night? Witness —Terribly. We all thought he would have killed us. How many times had your father beaten your mother since your brother had the revolver? Nearly every day. Did you ever hear your father threaten your mother’s life? That was a common occurrence. Who cooked your father’s meals? My sister, Jane; he would not eat it if my mother or I cooked it. Do you remember your father meeting with an accident just before that? It was about a fortnight before the affair. He came home and knocked at the front door, and mother opened it, and he said, " Can I come in’’ Mother said, "Yes; come along in and go to bed.” He refused to come in, but staggered out to the gate. Mrs Blomeley awoke Alf., who was sleeping in his clothes, and they went after the father, whom they found lying on his face near the foundry door. His nose was cut badly, but he would not tell them how it occurred, but insisted on going into the foundry. Witness heard him growling to himself, and went for Constable Stallard, who came and watched him for a while. Witness knew that her brother Alf. had not gone to bed for a week, except with his clothes on. Her father had ill-treated her mother ever since witness could remember. Jane Blomeley gave corroborative evidence. She saw her father take the bottle of whiskey into his room when he went. She saw Alfred rush out of the room, but did not see him take the revolver. He had his clothes on. When witness heard the first shot she was getting dressed. " She went out, and saw her father holding her mother by the arms and twisting them. William had the pistol then. She heard him pull the trigger, but it did not go off. She did not notice whether he aimed at her father or not. She then heard the pistol go off. Her father then chased the others but, and witness went to her own room. Witness heard her brothers say they were going to buy a revolver. Cross-examined —She was her father’s favorite. She had often seen him ill-treat her mother.

Other Evidence
Elizabeth Patterson stated that she had seen the effects upon Mrs Blomeley of her husband’s ill-treatment. She know nothing whatever against the boys, but believed they were frightened of their father. Constable Stallard, stationed at Redan, stated that he had known the family about seven years. Frequent complaints had been made about Blomeley’s conduct. He was called to the North Star mine on the 2lst October, and saw Mrs Blomeley, who told him of the shooting. Witness then went to the house and broke in, and found Blomeley on the bed wounded. He was conscious, and made a statement. Witness said, " What is the matter?” and Blomeley said, “ That young beggar Will fired at me with a blank cartridge;” and witness responded, “ Non sense, there is more than a blank cartridge—look at all this blood;” and deceased said to the boy—" You young beggar; I’ll give it to you for this.” Accused admitted having shot their father with the revolver produced. Witness asked Blomeley what was the cause of this, and deceased replied “Mind your own business.” Witness found four loaded cartridges and two empty ones in the revolver. Witness arrested the boys, and Alfred said— "We only did it in self defence and to defend our mother." On the way to the lockup Alfred said—" We did it to save mother; he would have killed her only for us.” Constable Hooley gave corroborative evidence, and read the statement made by William Blomeley.

Defence Reserved
This closed the case for the Crown, and Mr Ham announced that he would not address the bench, as he would reserve his defence. The bench had the evidence before them, and must take the responsibility of a committal. If they took the responsibility they must consider the question of bail. Mr Ham then dealt with the law and the discretion of the justices on the subject. Mr Smith said that if the bench would give some opinion on the case it would have considerable effect with the public and himself also in the future conduct of the case.

Decision of the Bench
The bench retired for a considerable time, and on returning Mr Shoppee, J.P., said that the bench were of opinion that there had been very great provocation on the part of deceased, and the accused boys had only done what they did in defence of their mother, who at the time was being ill-treated by the father. He and his fellow-magistrate were unanimous in discharging both the accused. (Sensation.) If the higher authorities chose to do anything further in the matter they had of course the power in their own hands, but the bench believed that the two boys acted purely in defence of their mother, and they believed they were only doing their duty in discharging both. Mr Smith had said at the outset that the sympathy of all was with the boys, and the bench believed that not only the sympathy, but justice, was being exercised in saying that they acted solely from a desire to protect their mother. Both boys were discharged. The decision caused a decided sensation in the court, and both boys were immediately taken from the dock and restored to their relations. Mrs Blomeley, as might well be imagined, was keenly affected by this unexpected result, and the whole family left the court amid the congratulations of their friends.