(Page 3. 4th Column)
THIRD CRIMINAL SESSIONS - Saturday 27th June
(BEFORE THE HON’BLE SIR CHARLES SERGENT)
TRIAL OF MR J.C. HALL
The first case tried at this session was that of Mr James Clifford Hall who was charged with having, on the 1st April last, at Pundwa, murdered one Gunpatrao Deshmookh, one Dost Mahomad, and one Bulwuntrao Cassiba. A special jury was empanelled. The prisoner pleaded not guilty. The Advocate General with Mr. Lang, appeared for the prosecution; and Mr Inverarity with Mr Hart, for the defence. Before addressing the jury the Advocate General said that in this case the offence had been committed out of the ordinary jurisdiction of the court, but under Act 11, Colonel Barton Political Agent at Rewa Kanta, had granted a certificate under section 9 of the Act stating that the charge was one which ought to be inquired into in British India. Now he (the Advocate General) would hand in the certificate. The Advocate General then said that the enquiry the jury would have to undertake that day, was of a two fold character; in the first case, to the murder of the three men whose names they had heard read out by the Clerk of the Crown, and, in the second place, as to the state of mind of the prisoner at the bar at the time the murders were committed. On the first point he didn’t think they would have any doubt. The evidence which had been recorded before the magistrate appeared to be very clear. The prisoner at the bar was an officer in the employment of the Government as Superintendent of Survey in the Native States Goozerat. His employment was in the district known as Rewa Kanta and to his immediate superior was Colonel Barton the political agent there. The prisoner, on the 31st March, was at Loncewadda and crossed into Balasinore. He was attended by a guard of Sowars. it appeared that for some time previous to the occurrence of the act which led to the death of the three men the prisoner was in a state of considerable excitement. He was walking about with his gum in his hands, and generally showing indications of laboring under strong excitement of some kind. On the day in question he was exceedingly agitated, declining to ride, and walking along with his gun in his hand. Shortly before the occurrence of the event which led to the death of these three men, the prisoner called for some brandy, and on its being produced, declined to take it, saying it had been poisoned. Shortly after this, a proposition being made that he should suspend his march and allow his tent to be pitched under a tree, he appeared to have raised his rifle, levelled it at this escort, and fire it four times in succession. The result was that three men fell. Two had died on the spot and the third had been carried into camp, and died some days after. He (the Advocate-General ) didn’t think there could be any doubt on the evidence adduced that the prisoner had fired the three shots from which the men died. As to the other point the prisoner appeared, for some time before the 1st April, to have been under very strong and continued delusions that his life was sought by the people of the country in which his duties were carried on. These delusions had attacked him as far back as 1870, and Colonel Barton would tell them that in that year in consequence of certain information he received from a brother officer, he had been called upon to come and take charge of Mr Hall, and receive him to his camp, and watch over him for some time till the effect of these delusion appeared to pass away. Colonel Barton would tell them that at time his delusions had been clearly expressed. He had thought that the men of the country were driving wild cattle upon him to take his life. He had insisted on having arms. And though at that time his conduct had been otherwise perfectly sane, and he was a most agreeable companion in Colonel Barton’s camp, yet whenever the subject of these delusions was introduced it had a strong effect on his mind. It was not until 1872 that these delusion had again appeared to effect him. Colonel Barton was in England at that time, and Dr Seward was at Baroda, and the idea he formed would be seen by the report he made in which he recommended that Mr Hall should be relieved from all duty and should be allowed furlough to permit of his going to another country to get rid of this monomania. Shortly after this, in August of this year, Mr Hall had gone to England and remained there three months. He had returned to India in the cold weather, and for some time had appeared to have gone about his duties in a perfectly straightforward manner, But in March last Col Barton had received letters written to him in such a wild tone that he at once instructed Mr Hall to give over charge of his duties and leave the locality. This letter was dated the 23rd of March. On the very day that the murder occurred Colonel Barton had got another letter, a passage of which, he (the Advocate General) thought he ought to read. (Reads letter. This letter stated that he, the prisoner was sorry his former letter should have exhibited any tokens of excitement and that he had had a touch of the sun, and was afraid he would have to hand over his duties to Eshwunt Hurry. He also suspected that poison had been put into his food.) This letter, the Advocate General said, had been written the day before the death of the three troopers took place, and was received by Colonel Barton after the event. The jury would see therefore that before this occurred the prisoner had expressed to his immediate superior the same fears he had expressed to his servants on the same day. After he fired at and injured the men, he appeared to have gone off to a travellers bungalow in the neighborhood , and remained there until he was taken into custody. From the travellers bungalow, which was at a place called Tasra. Mr Hall had again written to Colonel Barton as follows (Reads Letter, which stated he, Mr Hall, regretted to be obliged to report that on the night preceding his departure the suspicious behavior of his servants had compelled him to keep watch outside of his tent all night, as there were indications of a desire to seize and carry him off. On starting next morning he had met with the same suspicious behaviour, and believing he would soon be seized, rather than perish ignominiously he thought it better to bring matters to a crisis, and fired three shots. He was afraid all had been fatal. On this letter being received steps had been immediately taken to secure Mr Hall, and Captain La Touche and another police officer, Mr Scannell proceeded to the bungalow where Mr Hall was. They had found him standing at the door with a hunting knife in one hand, and a gun within reach. He warned them off, but Mrs Hall succeeded in getting the rifle and rushed with it to the officers. Captain La Touche had afterwards managed to get into the bungalow and Mr Hall was ultimately disarmed and brought to Bombay, and placed in the Lunatic Asylum. In the Penal Code it was stated that nothing was an offence which was done while the person was in a state of mind which rendered him not responsible for his actions, and it would be for the jury to say whether or not, under the circumstances, the prisoner was entitled to the benefit of the protection which was given to persons of unsound mind under this section of the code. Nuthoo Sooja was then called, and said; I am a puttawallah in the Goozerat Survey department. I was with Mr Hall in the end of March in the village of Barjoree. The night before we struck camp at that place, I saw Mr Hall walking to and fro in front of the tent with a gun in his hand. On the following morning we struck the camp and left the place. We all left together. Mr Hall went in a carriage. His madam was with him. He had his usual escort of four or five Sowars. They started in a shigran. They went in the carriage about a mile when they arrived at a nulla, and then they got out of the carriage as the ground was bad. After crossing the nulla Mrs Hall got into the carriage, and Mr Hall went on walking with a gun in his hand. He went to a distance of two or three fields from the carriage, and Mrs Hall got out of the carriage and went after him, and Mr Hall continued to walk for some time and Mrs Hall came back and sat in the shigran, Mr Hall continued to walk till about 10 or 11 o’clock. The shigran then stopped. Mr Hall also stopped under the mowra tree. Mr Hall asked Gool Mahomed, a shikaree, for brandy. He brought a flask containing brandy. Mr Hall said “don’t come near”. Mr Hall said poison had been mixed with the brandy. I won’t drink it. Mr Hall then said I am tired and can’t walk. I shall go back to Barjoree. We were then going towards Baroda. Gool Mahomed said there are no tents at Barjoree, if you like we will pitch the tents here. Mr Hall said nothing but at once went towards Barjoree. Gool Mahomed then gave me the flask, and I turned and went towards the carriage with the brandy. After I had walked about ten paces I heard a gun fire. I looked round and saw a sowar fall from his horse. The Sowars were going towards Baroda away from Barjoree. When I looked round Mr Hall was facing the Sowars and had a gun in his hand. He was holding the gun this way (shows how). He was about 100 to 150 paces from the sowar that fell. I don’t know the Sowars name. I then ran away. Before I began to run, I heard three more shots. I saw Mr Hall at travellers bungalow at Tass(r)a two days afterwards. Cross examined by Mr Inverarity: Gool Mahomed had been in Mr Hall’s service 17 years. When he brought the brandy Mr Hall told him not to come near. Both on that and the previous day he would let no natives come near him, That day we left Barjoree after 7 o’clock. During the previous night didn’t sleep at all. During the previous evening there was no native tamasha at Barjoree. When Mr Hall wished to go back to Barjoree Gool Mahomed didn’t say he could not go back, Gool Mahomed said our encampment is not at Barjoree, if you will order we will encamp here. After three or four other native witnesses had been examined Capt La Touche was called and examined by Mr Lang. He stated that he started for Tasra on the night of the 2nd and arrived there early in the morning about 6, with M Scannell of the Broach Police. He went to the village to see Mr Hall’s puttawallahs. After making other arrangements he wrote to Mr Hall saying he had arrived. Mr Hall sent a verbal reply asking him to come to him. We went with Mr Scannel towards the travelers bungalow where he found Mr Hall standing near one of the doors. All the other doors were shut. A rifle was leaning against the wall and he stood with a large hunting knife. He had a belt of cartridges he threatened to throw himself against the knife if witness came near him. Mr Hall said as he was going along he thought the Sowars were coming to seize him, and as he was getting tired of walking he was afraid of being overpowered more easily and he determined to bring matters to a crisis and shoot the men. He said that the conspiracy was to take him to a shrine at a place called Dakore, to be trampled to death there under an elephant. painted red, packed in an ice machine and sent home for exhibition. Witness spoke to him and tried to soothe him, but he was very nervous and excited. Witness gradually approached the bungalow. Mrs Hall who was standing near her husband, seized the rifle as it stood against the wall and ran out of the tent with it. Mr Hall ran after her with the knife in his hand. Witness met Mrs Hall and took the rifle. Then witness got within eight or ten paces of Mr Hall. After sitting in the bungalow for some time, he gave him something to eat and drink. He said he would take a hard boiled egg as then he couldn’t be poisoned. Witness then seized the knife and took away his cartridges. He remained until about half past seven that evening. After being quiet for a considerable time he began to get violent, and seized a carving knife from the table and threatened to kill any one who came near him. He refused to bathe unless he was promised his rifle. Witness told the servants to come back gradually. The butler came with a hammer to open the box, and Mr Hall said the man was going to kill him with the hammer, and he ran after him and threatened to kill him. He did not sleep all night. witness ultimately took him to Baroda and afterwards to Bombay, where he was given in charge to Dr Niven of the Colaba lunatic asylum. Witness was five days beside him, and during that time Mr Hall spoke chiefly of his delusions, which varied as much as a 100 times. Cross examined by Mr Inverarity: During the time I was in the Bungalow he believed that all natives had a design against his life; I have no doubt that he had a firm belief in the conspiracy. I have known Mr Hall since 1862. I always heard being a man who was very popular with the natives under him, as he was very kind to them. So far as my knowledge goes he was a man of strictly temperate habit. Colonel Barton was next called, in speaking of Mr Hall’s previous monomania said that in 1870, from information he received, he went to see Mr Hall, and found him lying on a charpoy in an open field with three or four guns lying beside him, and Mr Grant C.S; in attendance. On seeing Colonel Barton he exclaimed “Thank God you have come I feel safe now”, Colonel Barton then removed him to his own camp and kept him there until his recovery. Cross examined by Mr Inverarity, Colonel Barton stated that Mr Hall was a man of temperate habits, very good tempered and a very good servant of Government. Dr Seward and Dr Niven were next examined. The Hon. Mr Ravenscroft was then called and examined by the Advocate-General. He said: I am member of the Bombay Civil Service. In December 1872, I was acting Chief Secretary to Government here. I remember seeing the prisoner, Mr Hall, on the 1st of December in that year. He came to my house accompanied by Mr Campbell and Mr Nugent of the Civil Service. As soon as they arrived, the prisoner said in an excited tone that he was glad to see me, as a conspiracy had been entered into to take his life. He said he had just escaped from Baroda on account of the fear he entertained that the people in the service of the Gaekwar were going to have him trampled to death by elephants in Baroda. He said he had not been able to sleep for several nights, and medicine had been given to him which he believed contained poison, and he would not take it. I tried to reason with him, and explain that he was under a delusion. My reasoning did not produce much effect. He further said that Lord Northbrook and Sir Richard Temple were in the conspiracy, and sat opposite to him the previous night at Palonjee’s Hotel. After some further efforts on my part to explain he was under a misapprehension, he went away and after about an hour he returned alone. He then produced a bag of money and a packet of letters which he asked me to keep for him. He said an attempt would be made for him to be tried for murder at the High Court and that these documents would in some way prove his innocence. I have known Mr Hall for 16 or 17 years. He came to me on this occasion as a friend. He was much better then; he went home on three months leave last year. I saw him after his return from leave when I was at Baroda last November. He then appeared to be perfectly sane. He was dining with the Resident. He said I must have thought him very foolish to indulge in all those delusions. Mr Inverarity then addressed the Jury for the defence. This he said was a case in which he thought he would only be needlessly prolonging what must have been a painful case, if he addressed any lengthy observations to the jury on the evidence on the part of the Crown, for he thought that this evidence could leave no room for any doubt whatever that not only at the time of the commission of the act charged against him, but also on two previous occasions, the unfortunate gentleman at the bar was afflicted with the most terrible delusions, namely, that he was the object of a conspiracy to take away his life. The means by which his life was to be taken away appeared to have differed on the three occasions he had been deposed to. On the last occasion he appeared to have thought that not only was it intended to sacrifice him, but indignities were afterwards to be offered to his corpse. The evidence of Colonel Barton was perfectly clear as to the character of the prisoner to his duties, and the nature of the delusions. He spoke of the first time the delusions appeared to have attacked the prisoner in December 1870. Before that he was a zealous officer of the government. Not only that, but he was man of temperate habits; a man universally kind; a man who, except when afflicted with these delusions was perfectly sane, and as the Advocate-General had said, a most agreeable guest. In 1870 he appeared first to have thought that this conspiracy of natives had been formed against him and he had then shown the same fear at the approach of natives that he shown at April last. he however appeared to have got better on this occasion, after a short time, and no delusions reoccurred till 1872. In that year it appeared from the evidence of Dr Seward and Mr Ravenscroft that the same delusions again came on the prisoner. He (Mr Inverarity) thought that the jury would be of the opinion that both in 1870 and in 1872 M Hall for a temporary [time], at any rate, had not known what he was doing, and was not of sound mind. In 1872 Mr Hall had gone to England and there had appeared to have got quite well, and nothing further happened until March this year. In that month he had written to Colonel Barton, and the letter showed that he was in a state of extreme excitement. If, when at Barjoree, the prisoner had been under the delusion that the natives had conspired to take his life, his position was indeed a terrible one. He was isolated in the districts with not another European near him, and every native who approached he imagined was about to kill him. This delusion had certainly been acting on him since the 23rd of March. Then on the 31st March, as the jury had heard, he never went to bed, but walked about outside of his tent with his gun on his shoulder, threatening every one who came near him. Now, Dr Niven had told the jury that sleeplessness was one of the prominent signs of insanity. Then, on the morning of the next day, after starting for Baroda, Mr Hall walked for many hours, apart from his escort, with his gun in his hand. At length he appeared to have felt that he was getting weak, and would no longer be able to resist the expected attack, the therefore resolved to bring matters to a crisis. This idea hadn’t occurred to him at once. He first called for brandy, and then when the servant brought it he told him (a man who had been 17 years in his service) not to come near. Then he said he would go no further, but must go back to Barjoree. The servant had apparently seen that something was the matter with his master, for he had done what no servant would have ventured to do in ordinary circumstances, he had expostulated with him, and proposed to have the camp pitched where they were. This apparently had confirmed Mr Hall in the idea that they were going to kill him; that they were leading him on until they could get him all alone and murder him. He thought matters had come to a crisis and took instant measures. As to Bullwuntrao, he (Mr Inverarity) did not think there was any evidence that he had died of wounds inflicted by the prisoner. The witnesses said he was simply grazed. With regard to him therefore he would ask the jury to return a verdict of Not Guilty. As to the others, the case was different. The case was exactly similar to one reported in 5 Carr and P. p.68 (Reads case). Here the jury had acquitted the prisoner on the ground of insanity. the jury would observe that Mr Hall had not shot those that were nearest him and were unarmed, but the Sowars who were armed, which showed that he was in fear of his life. Under these circumstances, he (Mr Inverarity) did not think the jury could come to any conclusion but that the prisoner was not responsible for his acts. His Lordship then summed up the evidence, stating that here was not a tittle of evidence to show any reason for the prisoner committing the act. The jury would have to consider whether it was possible to come to any other conclusion than that the prisoner had again been suffering from his former delusions. The jury, without retiring, returned the following verdict: - That the prisoner committed the act charged against him while of unsound mind so as to excuse him according to the law. His Lordship then ordered that Mr Hall should be taken back to the lunatic asylum whence he was brought, till the pleasure of Government was known.
EUROPEAN
Hall, James. The Accused.
Barton, Col. Political Agent Rewa Kanta. Immediate boss of JH.
Campbell Civil servant. Visit Ravenscroft with JH 1 Dec 72.
Hart. 2nd Defence.
Eshwunt Hurry. Deputy to JH as Surveyor.
Grant. Civil servant. Present during 1870 attack.
Inverarity. 1st Defence.
Lang. Prosecution.
La Touche. Captain in police.
Niven. Dr at Colaba Lunatic Asylum. Medical witness.
Nugent. Another CS with Campbell.
Ravenscroft, Hon. Act C.H. Secretary, Bombay Civil Service in Dec 1872.
Scannell. Another policeman from Broach.
Seward. Doctor at Baroda.
INDIAN
Garkwar. Native ruler?
Gool Mahomed. JH servant for 17 years.
Gunpatrao Deshmookh. Sowars.
Victims:
Dost Mahomad.
Bulwuntrao Cassiba.
Nuthoo Sooja Puttawallah. Goozerat Survey Dept.