The Murder In Our Family: Part 2 - The Inquest

Ellen Chute, nee Boyle, Victoria, Australia

Ellen BOYLE, my 1st cousin three times removed, may seem like a distant relation, but I think her story deserves to be remembered as part of my family history. This newsletter is part 2 in the story of the murder of Ellen Boyle.

If you missed Part 1, you can read it here

Ellen BOYLE was murdered by her husband, Richard CHUTE, near her home, just outside Violet Town, Victoria on 11 November 1871.

The story of the murder of Ellen Chute is a story of what we would recognise today as domestic violence, leading to tragedy and murder.

Ellen CHUTE was just 20 years old, mother of a toddler and newborn son, and the estranged wife of Richard CHUTE. The separation from her husband had lasted several months, and tension between them had escalated to terrifying threats.

On the afternoon of Saturday, November 11, 1871, Ellen left the home of her aunt, Ellen CALNAN, with her 2 week old baby. Her intention was to visit her father. The two-mile walk would take her past the house of her estranged husband’s brother, George Chute.

Two laborers, Robert Leeming and Frederick Owen, travelling the road between Murchison and Violet Town, were walking just behind Ellen, when they lost sight of her momentarily. When they resumed their journey, they were greeted by a chilling scene: Ellen's lifeless body lying in the road, blood pooling from her head. Nearby, they saw Richard Chute, holding a child in his arms and shouting vile curses at the lifeless form of his wife.

Local doctor Charles Clark was summoned, but it was too late. Ellen had suffered a dreadful head wound, inflicted by the back of an axe. She took her last breaths, as neighbors gathered, horrified at what had happened, almost on their doorstep.

Late on the night of the murder, Richard Chute surrendered himself to the police, confessing to the crime.

The community, shocked and grieving, were called as witnesses at the inquest. The inquest detailed a grisly murder committed in broad daylight. Also revealed was the domestic abuse suffered by Ellen over many months.

There was a public outcry about the delay of the inquest, leading to a public outcry about the delays in the post-mortem examination, which left some questions unanswered

The Inquest

An inquest into the murder of Ellen Boyle was held on November 14, three days after her death, with many witnesses giving evidence. ¹

The delay of the inquest caused a furore in Violet Town. The weather on the day of the murder, and the days following, was unseasonably hot for November, and caused the body to deteriorate so much, that an accurate cause of death, was not able to be given. There will be more on this in Part 3.

Evidence of witness, Robert Leeming

I am a laborer residing at Chewton. I have seen the body now on view before this inquest. I recognize it as that of a woman I saw on the road between Murchison and Violet Town, about two mile from Violet Town. I was travelling with the last witness Frederick Owen, whom I picked up with at Rushworth last Sunday fortnight. We called at a house to ask for something to eat on the 11th inst in the afternoon, at about a couple of miles from Violet Town. This woman of the house gave us some flour. (Witness here identifies Ellen Calnan as the woman who gave them the flour)
When we came out of the house, I saw a woman walking before us, probably about four yards in front of us. I lost sight of her for a few minutes in consequence of some bushes intervening, and the next lane we came to, I went down it, to a house to ask for some sugar to sweeten a billy of tea. We got some and we returned to this road we had left. I then saw the prisoner washing his hands at a little lagoon on the left hand side as we were travelling. When we got on the road, I saw a woman lying on the road with her head reclining to the left. There was a house opposite the body with a little piece of fence in front of it. I saw prisoner come out of that house and shut the door. By that time, I was a little in advance of the body that was lying on the road.
He passed me, went 6 or 7 feet at my back and said to the body “You bloody – or blasted- wretch. Lie there”, and passed on my left, swearing and cursing at the same time. He walked along the fence with a child in his arms, until he came to a slip panel, where he turned up and I saw no more of him. We then went on and saw two horsemen. We told them we believed there was a woman murdered up the road. We went one way, and the other another way. One of them told us to stop, and we did, and went back to the body. Then several others came up. A doctor, a trooper and others. The doctor asked me to hold is horse which I did. I remained there and saw the body removed into the house opposite. (Robert Leeming, signed)

Evidence of my great great grandmother Ellen Calnan
I am the wife of William Calnan. I reside at Violet Town. I knew the deceased Ellen Chute. She was the daughter of my brother and has been living with me since the 12th September. She was the wife of prisoner Richard Chute, but has been separated from him since about the 3rd May last.  She was confined of a child on the 26th October last. I recollect Saturday last, the 11th. She left my house about 3.30pm o’clock that day, she said to go and see her father who lived near. I saw her leave the house with just a shawl about her. She had her baby with her and the pink frock, now produced, which she was taking to her sister. She was in poor health. She would pass George Chute’s house in going from my place to her father’s. In about half an hour, after she left my place from information I received, I went up the road and saw her lying on the road up near George Chute’s house, breathing her last, bleeding from her head from a wound (Ellen Calnan X – her mark)
(Ellen Calnan was my great great grandmother)

The jury expressed frustration over delays in conducting a post-mortem, which hindered the determination of the exact cause of death. Nevertheless, they found Richard Chute guilty of murder due to insanity. He was sentenced to imprisonment for life in a mental institution.

Outcome

At the end of the evidence the foreman said it was the opinion of the jury that great neglect had been shown in not having the post-mortem examination made earlier; and in consequence of that neglect they could not ascertain the actual cause of death. The jury then returned a verdict of “Wilful murder” against Richard Chute, who was committed for trial at the next Circuit Court at Beechworth.

Coroner’s Finding: “the said Ellen Chute was murdered by Richard Chute, on the 11th November 1871 at Violet Town by striking her on the head with an axe.”

Quote from the Coroner:
The Coroner’s living desire is to express their opinion that there was neglect in the case of some, in not having a post mortem made of the body of Ellen Chute, sooner.

There is more to this story, so keep watching for Part 3.

* (Slight changes have been made to punctuation for ease of reading)

1. INQUEST, Ellen Boyle, Public Records Office of Victoria: VPRS 24/PO Unit 267 Item 1871/313