The Murder in Our Family: Part 4
The Judgement and a Postcript
This is the third post in the series of the Murder of Ellen CHUTE nee BOYLE, who died violently, at the hands of her husband, Richard CHUTE, in November 1871.
Part 11outlined details of the murder and Part 22 was about the Coroner’s inquest. Part 33 detailed information about the outrage that was felt in Violet Town and further afield, that the delay in performing a post mortem determined the cause of death given by the coroner.
During the weeks after the murder of Ellen, numerous articles appeared in The Benalla Ensign, calling for changes to the way doctors were paid, to enable a better outcome in cases such as this. Articles and editorials were reproduced in many newspapers all over the country. There was much outrage of the way of the way that the body of Ellen was treated, both locally and nationally.
Judgement
from: The Ovens and Murray Advertiser, Thursday, 18 April 1872, page 24.
THE VIOLET TOWN MURDER
Mr. C.A. Smythe said that in this case, Dr. Dempster, medical officer of the gaol, had on the previous day sent him a report which had satisfied himself, and the Crown Law officers, whom he had consulted, that a delay in hearing the case would be advisable on the ground of the mental condition of the accused, and it was therefore decided to try Chute at the next criminal sessions in Melbourne.
There were many postponements to Richard Chute’s trial, caused by the need to investigate his mental state. There was also concern to understand the new laws of lunacy which had recently been established. There were many newspaper reports about each postponement, and the distress that was being caused to the family.
Guilty
Finally in July 1872, eight months after Ellen Boyle died, Richard Chute was found guilty of murder on the grounds of insanity, and sentenced to life imprisonment in a mental institution. He was first held at Yarra Bend, Melbourne from 30 July 1872, after which he was transferred to J. Ward at Ararat Asylum for the Criminally Insane at Ararat, on 30.3.87. He spent his life there until his death on 26 June 1907.
Image: visitvictoria.com
Exhumation
Two months after Ellen Boyle died, her body was exhumed to perform a second post-mortem, where it was hoped a definitive cause of death would be found. Unfortunately, I haven’t been able to find a follow up report on the exhumation, so can’t say for sure if anything was found. There has been no addition made to the death certificate, so I can only presume that no further evidence was found.
from: Bendigo Advertiser: ( Vic:1855-1918) Tuesday 9 January 1872, Page 35
THE VIOLET TOWN MURDER
The body of Ellen Chute, whose husband is now in Beechworth gaol, on committal for her murder, was exhumed on Wednesday, at the Violet Town cemetery, for the purpose of a further post-mortem examination by Dr. Hutchinson, of Wangaratta. This proceeding was rendered necessary to fill up the missing link in the evidence, as to the actual cause of death. We (Ovens Spectator) suppose this link will cost the country £100, but in such a case an expense would not be grumbled at were it not that the medical evidence was so unnecessarily deficient.
BEECHWORTH CIRCUIT COURT. (1872, April 18). Ovens and Murray Advertiser (Beechworth, Vic. : 1855 – 1918), p. 2. Retrieved July 21, 2020, from http://nla.gov.au/nla.news-article196858385