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LAUFFER Charles Research by Gordon Freegard & David Mizen 2020 By coincidence early in 1887, two Swiss migrants, 24 year-old Jacob Hawter and Charles Lauffer, met on board the steamer “Challerton” while sailing to Western Australia. The two formed a partnership later that year and were granted the lease on a 100 acre (40 hectares) block of land on (Lot 48/30) near the railway line at Smith’s Mill, later known as Glen Forrest, on a branch of the Helena River. It was both sides of Chittawarra Brook, and adjacent to the Glen Hardy Vineyards. The annual rent was 50 pounds ($100) and they also had the right to purchase in 5 years if sufficient improvements were made. The original plan was to grow establish a vineyard and grow tobacco, but it soon extended into an orchard and plant nursery. |
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GLEN FORREST RAILWAY STATION, SMITH'S MILL #1 |
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On 19th January 1888 the first progress report
indicated substantial improvements. These included a house, stables, sheds,
wells, dry stone walls along Chittawarra Brook Roads, 3 bridges and fences around
the property. In addition they had cleared 18 acres (7.3 hectares) of which 2
acres (8,094 square metres) was planted with potatoes. The orchard already had
136 different fruit trees, and around 10,000 items of nursery stock. It is very
probable that at this time the Helena River Nursery was the largest fruit tree
nursery in the state. The young men were soon making a name for themselves among
the gardening fraternity of Western Australia, exhibiting and winning awards at
various Horticultural Society events. One report described their impressive
display of 68 named varieties of potatoes, grown from stock acquired from the
International Potato Show. Jacob Hawter kept in touch with his training
institutions in Paris and London, ordering seeds and vines through his contacts
there. One visitor, given a tour of their Smith’s Mill property in 1888 by
Lauffer, reported that they were experimenting with propagating local West
Australian plants, especially native orchids, which were of particular interest
to botanical institutions and enthusiasts in Europe and England. They had
received an order from the Manager of the Crystal Palace Gardens for a
collection of native flowers, and another from the Director of the Jardins des
Plantes for 100 varieties of native plants. Both he and Lauffer, who began to concentrate more on wine making,
contributed greatly to the State's stock of fruit trees and knowledge of
nursery operations. |
LAUFFER & HAWTER ADVERT 1888 #2 |
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CHARLES & FRANCOISE LAUFFER AND FAMILY 1903 #3 |
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HELEN RIVER NURSERY ADVERT 1893 #4 |
Charles George Louis Lauffer was born c1866 in Switzerland. Not long after arriving in Western Australia, Charles married a French Lady, Francoise Frances Martin, at Guildford in 1888. Also this is recorded differently in some newspaper reports. Francoise was born c1862 also possibly in Switzerland. She give birth to eight children between 1888 and 1902, three of whom died in their first year. The surviving children were Louis, Charles, Susanna, Catherine and Francise. And tragically, son Charles, aged 8, drowned while swimming in the Helena River with his brother in 1898.
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By 1890, they had trebled the nursery area and added 4 acres (1.6 hectares) In 1892 the two men formally ended their
partnership. Charles Lauffer stayed on at the original property with new
partners, operating as the Lauffer & Co. Nursery.
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YOUNG JACOB HAWTER #5 |
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During 1892 Charles Lauffer was contacted by the Smith
and White Brothers partnership from the new property called Illawarra that they
were developing at Canning Mills. He was to supply the fruit trees and to plant
the same on the 12 acres of newly cleared land. Lauffer’s connection to Illawarra is known but obscure.
Simpson states that “[t]he planting of the area [Illawarra] was entrusted to
Mr. Lauffer, a nurseryman and orchardist from Mundaring” The death of Charles George Louis Lauffer caused uproar in
Perth. The ripples of his death were felt for many many years after the event. There
is a substantial body of material on this crime in various newspapers of the
time. Not all material is cited as many reports are word for word duplicates, and,
many reports simply repeat previously published facts that appear in other
publications. The story is told by a series of newspaper articles. Charles Lauffer was shot dead on the 4th February
1903. The first report of his death is set out in the West Australian and is
reproduced below. TRAGEDY AT SMITH'S MILL. About noon yesterday a peculiarly sensational tragedy
occurred at Smith's Mill, the victim being Mr. Charles G. Louis Lauffer, a part
owner of an orchard and vineyard on the slopes of the Darling Range. From
statements that were gathered on the spot, it would seem that early yesterday
morning a party consisting of five men (French) and three women (declared to be
of bad character), arrived at Smith's Mill, apparently with the object of
spending a day in the hills. Shortly after their arrival, the party visited Mr.
Lauffer's orchard and vine yard, where they purchased a quantity of wine. After
consuming the liquor the eight visitors commenced to rob the trees and vines on
the property. Mr. Lauffer first ordered them to desist, and on their refusal he
ordered them to immediately leave the place. The raiders were standing on a
roadway that has been cut into a hill alongside the property, and Mr. Lauffer
was in the orchard a few feet below them. On his insisting that they should
clear out, the men and women began to pelt him with sticks and stones. Mrs.
Lauffer witnessed the fracas from her house, a short distance away, and she
called an Italian, who was employed as a labourer in the vineyard, to go to her
husband's aid. Before the Italian could reach the scene, however, one of
Lauffer's assailants (Frederic Maillot) drew a revolver, and deliberately fired
two shots at Lauffer. One of these took effect in the right breast. Lauffer
fell, and he was dead before his horrified wife could reach his side. The
raiders continued to throw sticks and stones at the prostrate form for several
minutes, and then Maillot threw his revolver away, and the whole party
proceeded to the adjoining vineyard, the property of Mr. Hardy. There they took
possession of the wine cellar, and made merry with Mr. Hardy's wine, and a
large basket of provisions that they had brought with them. Meantime the
Italian at Lauffer's hurried across to the Smith's Mill Railway Station, and
gave information of the tragedy to the stationmaster. The latter telephoned to
the Mundaring Police Station, and in response Constable Gannon set off to the
scene of the tragedy, after reporting the occurrence to the Midland Junction
Police Station. From the latter place Constable Lynch was despatched, and in
company with Constable Gannon, he searched for Maillot and his companions. The
constables found Maillot's discarded revolver, and then they traced the party
to Mr. Hardy's vineyard, where the Frenchmen and the women were joyfully
feasting, as if they had not lately taken part in a brutal crime. All the
members of the party were at once arrested and handcuffed. A lady's fowling piece,
which one of the party carried, and the basket that had lately contained the
provisions, were secured. The prisoners were marched to the Smith's Mill
Railway Station, and brought on from there by train to Guildford, where they
were locked up. The body of the deceased was brought down to Guildford, after
it had been examined by Dr. Fergusson Stewart, who had been summoned by the
police. The corpse was conveyed to the Morgue in Guildford, where last night
Dr. Fergusson Stewart made a post-mortem examination. The wound caused by the
bullet is not in a mortal spot, and the body is covered with bruises and
abrasions, among which may be one which may have caused the death of Mr.
Lauffer. The prisoners who were arrested are Frederic Maillot (who fired the shots
at Mr. Lauffer), Leon Mauset, Benoit Volti, Raoul Lintauf, Eugene Lechoix,
Lucienne Volti, Marie Dean, and Maria Fontan, the last three being women, whose
characters are, it is said, well known to the police. Maillot is a handsome
man, of fresh complexion, with thin, dark moustachois. He stands nearly six
feet high; he is about twenty-eight or thirty years of age. It has been said
that he has served a term of imprisonment for having shot a man at Kalgoorlie.
Mauset (or Moussyt) figured lately in a case in Fremantle. He was, it will be
remembered, declared to be a stowaway on board the French mail steamer Armand
Behic, which arrived at Fremantle last Friday. Legal complications aided him,
and although he had been identified by a French penal officer and others, on
board the mail steamer, as an ex-convict from New Caledonia, he was allowed to
go free in this State. Volti is said to have made a living of late as a
bookmaker at unregistered racecourses, and Lichoix was cook to the
establishment over which Maria Fontan ruled. The deceased man, Chas. George
Louis Lauffer, was a Swiss by birth, and he came to Western Australia about 14
years ago in the steamer Challerton. He was accompanied by his wife and their
infant. In the same ship came Mr. Hawter who, like Mr. Lauffer, was a
professional nurseryman, and the two, on landing, went into partnership, and
took up the land which, by dint of continuous hard work, they converted into a
rich and productive orchard. Recently, the orchard and vineyard were taken over
by the Company. The property is situated about two and a half miles from
Smith's Mill, on the bend of the Helena River. Of the land held by the company,
for whom Mr. Lauffer was acting as director, about 70 acres are under
cultivation, 45 acres being planted with vines and the remainder with fruit
trees. Some time back Mr. C. Fuchs acquired an interest in it, and later others
bought into it. Only a week ago those owning the place formed themselves into a
limited company, which was composed of Mr. Lauffer, Mr. L. S. Eliot, Mr.
McCallum, and the estate of the late Mr. F. T. Crowder, with Mr. Lauffer as
manager of the place, which is known as the Helena Vineyard. The members of Mr.
Lauffer's family at present number five, the eldest being a girl of 14, and the
youngest an infant three months old. The deceased is spoken of as a man who was
of an exceedingly kindly nature, his hospitality being proverbial in the
district, for it was one of his and Mrs. Lauffer's chief delights to see
visitors enjoy the products of their orchard and vineyard. Mrs. Lauffer was
prostrated with grief and horror, and it was only with the greatest difficulty
that she could be induced to narrate the details of the crime which ended her
husband's life. An inquest in connection with the death was opened at the
Guildford Morgue yesterday, and after the formal business of identification, it
was adjourned for a week. The prisoners manifested an air of indifference after
their arrest, although the females declined to accept the meal that was offered
them by the lock-up keeper during the evening. None of them made any statement
in connection with the tragedy. They will be brought up in the Guildford Police
Court this morning, when it is probable that a remand will be asked for by the
police Smith's
Mill Tragedy. The shock, consequent upon the tragic death of Charles
Lauffer, has not yet died away at Smith's Mill. Keen regret is expressed by
residents; generally, and had it been known what occurred, it is possible the
Frenchmen and women, who murdered Mr. Lauffer, would have been maltreated. It
is felt that some measures will need to be taken to protect homesteads that
scattered about the district, in order to prevent the recurrence of such a
tragedy. The remains of the deceased were interred in the Church of England
portion of the Guildford cemetery Rev Everingham taking the service. This was
owing to the fact that the Roman Catholic priest declined to allow the remains
to be buried in the Roman Catholic area—an unfortunate mistake occurring in a
grave being dug in that portion of the cemetery, owing to Mrs Lauffer being of
that faith, the inference being drawn that deceased did also. A large number of
representative people of the district were present at the funeral. The post
mortem examination showed that the first statement as to the cause of death was
hardly correct, the [unreadable] examination revealing the fact that death was
due to haemorrhage, caused by the gunshot wound through the breast. It would
appear that previous [the remainder of the article is unreadable] SMITH'S
MILL TRAGEDY. PERTH, March 10. The trial of five Frenchmen and three
Frenchwomen named respectively Frederick Maillat, Leon Mousset, Benoit Volti,
Raoul Lintauf, Eugene Lechoix, Marie Fontain, Lucienne Volti, and Marie Dean,
on a charge of murdering Wm. Charles Lauffer at Smith's Mill on February 4, was
commenced at the Criminal Court before Mr. Justice Burnside to-day. The
prisoners pleaded not guilty. The Crown Solicitor, Mr. A. E. Barker, after an
exhaustive review of the case, pointed out to the jury that they could convict
any one or more or all of the accused either of wilful murder or manslaughter.
He said that if any of the accused other than Maillat knew that the latter had
a revolver and had asked him to their assistance they were as guilty as the man
who fired the shot. Mrs. Lauffer, the wife of the deceased, positively
identified as Maillat a man who had hold of a revolver and was leaning his hand
on a fence. While he was in this position Lintauf came forward, and was
followed by all but Maillat. Lintauf caught hold of her husband and threw him
to the ground. Mousset and Lechoix kicked him in the stomach, and the women
threw stones, which hit her husband on the head, shoulders, and everywhere. The
men and women rolled her husband down the hill, kicking and hitting him all the
time. She heard Marie Fontain say to her husband, "You big coward."
Her husband replied, "I'm not a coward. I defend myself." While the
struggle was going on one of the women called to the man with a revolver to
come to help them. He replied, "I am very well where I am, but so soon as
I get a chance to shoot him I will." A few minutes later Maillet came
through the fence, walked up to her husband, caught him with his left hand by
the shirt, held him a few minutes, and then fired twice quickly. Her husband
fell to the road, and never spoke again. The men pushed him with their boots.
He rolled off the road into the orchard. On resuming after lunch Mr. Barker
informed His Honor that during the recess the female prisoner Lucienne Volti
had been taken ill, and the services of Dr. Harvey had been requisitioned. Dr.
Harvey stated the woman's illness was due to nervousness. She was fit to stand
her trial. Mrs. Lauffer, cross-examined by Mr. Moss, said: When first my
husband called out he did not say to me, "Go and get a gun." He did
say so later, and I would not go, because I wanted quietness. The people were
then outside the fence. One man had a revolver in his hand. I said to my
husband, "Come and have dinner," and he said he would come in a
minute. All stayed for a minute looking at the man with a revolver. Then my
husband and I went up towards him. Frank, the man, was there too. The people
were still outside the fence. I can't identify Volti as having been present,
but I am certain of the others. When my husband went towards the man with the revolver
my husband did not have a stone in his hand. When Lintauf came through the
fence she spoke to Frank in Italian. They then closed with my husband and threw
him. My husband was knocked down two or three times. When the man with a
revolver came forward my husband did not grab him by the throat, nor did
my husband hit him several times. My husband and the man with the revolver were
not struggling on the ground together. The man with a revolver was on his feet
at the time. How could my husband do anything. Everyone was hitting and kicking
him excitedly. Someone should have got a gun and shot them all. His Honor:
Don't get worried. Mrs. Lauffer: When Maillet caught hold of my husband, my
husband fell to the ground. No one else fell. My husband got up again. He was
nearly half dead. Then Maillet caught hold of him again and fired twice
quickly. I am sure the second shot was not an echo. I can't say how it is that
there is only the mark of one bullet in my husband's body. While Maillet had
hold of my husband the others only stood and looked on. I don't think the women
and Lechoix tried to stop the fight. When my husband was shot I rushed towards
Hardy's screaming and crying. I did not hear my husband say, "I'm going to
shoot the ——". My husband lived in West Australia 15 years. I was with him
every day. My husband did not come into dinner, because he wanted to know what
the man was doing with the revolver. Re-examined by Mr. Barker: While the women
and men were beating my husband the man with the revolver called out,
"Take bigger stones." My husband told me to go and get a gun because
the man was pointing the revolver at him. Witness left the box after having
given evidence clearly for over three hours. Francisco Rocchicioli, called
Frank during the case, through an interpreter, repeated the evidence he gave at
Guildford. The court adjourned at half-past 6 o'clock. PERTH, March 11. The hearing of the charge against the eight
French people for the murder of Chas. Lauffer, at Smith's Mill, on February 4,
was resumed to-day. It was decided that the jury should visit the scene of the
crime. Francisco Rocchicioli, further examined by Mr. Moss, said: At the
lower court I said I heard Lauffer use angry words before he got over the retaining
wall. I saw Lauffer strike Lintauf two or three times. I never hit Lintauf at
all. All I did was to try to get them to stop fighting. Henry E. G.
Kiessewetter, manager for Hardy's vineyard, detailed how on February 4 the
eight accused came to the cellars and purchased some wine. Marie Fontain had
been a frequent purchaser. He then repeated the evidence previously given as to
the accused having drunk wine and indulged in revolver practice. They then
proceeded to Lauffer's vineyard. Ongoing to Lauffer's vineyard he met most of
the accused coming from Lauffer's. Maillet was the only one he was certain he
did not meet. Marie Fontain called him aside and said, "I don't think he
is dead. I put some boughs over his face. Be sure and send the wine."
Evidence was also given by Constable Gannon, Dr. Stewart, and Mary Hesford.
Frederick Maillat, one of the accused, who is alleged to have fired the fatal
shots, gave evidence. He said that Lauffer abused Lintauf, and used
objectionable terms regarding the female prisoners. Lauffer called to his wife
to go and get his gun, as he would "shoot these bastards." A scuffle
took place between Lauffer and Lintauf. He (witness) had a revolver in his
hand, as he had been shooting birds, and indulging in target practice. Lauffer
caught him by the neck, and in the struggle the revolver went off, and he saw
that Lauffer was wounded, and called to the others to see where his revolver
was, as he wanted to shoot himself. He then went through the fence and fainted.
Resuming after lunch, Maillat said: Only one shot was fired in the grounds.
When I came to after fainting I could not see any of the others, so I walked
over to Hardy's, where I met all the others. After the struggle with Lauffer I
had marks on my shoulders, neck, and side. The women came through the fence at
the finish of the fight with Lechoix. Mauset and Benoit Volti were not there.
The women and Lechoix begged us to stop the fight. The women did not use sticks
and stones. It was not true what Mrs. Lauffer said that I had been covering
Lauffer with my revolver while I was outside the fence. It is not true what
Mrs. Lauffer said that I called out, "I will come down and shoot
him." After the struggle I noticed that Lintauf had a bruise on his head.
His clothes were torn. I had never seen Lauffer before that day. I am a native
of Britany. To Mr. Barker: Maillat said I only had the revolver a fortnight. I
took it out for sport. When I was firing at a mark with Kiessewetter I never
hit the mark once. Altogether we drank ten bottles of wine. I was not drunk. Ten
bottles between eight of us does not say any of us were drunk. All the abuse
was from Lauffer; none was from our side. I don't remember where I lost my hat.
I was a bit excited. I wanted to shoot myself because I saw Lauffer was
wounded. It is untrue that I was on my feet when the shot was fired. Marie
Fontain also gave evidence, and corroborated the evidence of the last witness.
This closed the evidence for the defence. At 4.5 p.m. Mr. Barker commenced his
address to the jury. He reviewed the facts of the case at considerable length.
He ridiculed the idea that a person like Lauffer would have picked up stones
and generally acted like a madman, because the accused had refused to take the
gallon of wine which he had got ready for them. That was one of the stories of
the defence, and he (Mr. Barker) could only say it was most absurd and a
preposterous suggestion. The jury will visit the scene of the tragedy
to-morrow. PERTH, March 12. Mr. M. L. Moss opened his speech to-day for
the defence in connection with the Smith's Mill tragedy, and spoke for two
hours, his contention being that the revolver was accidentally discharged
during the struggle. During the afternoon the jury visited the scene of the
tragedy. Mr. Justice Burnside will sum up to-morrow morning. PERTH, March 13. Mr. Justice Burnside summed up this morning
in connection with the Smith's Mill tragedy, and spoke for an hour. The jury
retired at noon, and returned into court at 20 minutes past 4 o'clock with the
following verdict :— "We find that Frederick Maillat is guilty of murder,
that Leon Mousset is not guilty, that Benoit Volti is not guilty, that Raoul
Lintauf is guilty of murder, that Eugene Lechoix is guilty of murder, that
Marie Fontan is guilty of murder, that Lucienne Volti is guilty of murder, and
that Marie Dean is guilty of murder. We strongly recommend Lintauf, Lechoix,
Fontan, Lucienne Volti, and Dean to mercy." When the verdict of guilty was
returned against Lucienne Volti her brother was overcome with grief, and wept
bitterly. When he was about to leave the dock he turned towards his sister and
was about to kiss her, when she pushed him away. Mr. Barsden asked that
the case might be reserved for the Appeal Court on the ground that the evidence
did not warrant the verdict. His Honor agreed to reserve the case. In reply to
the question whether they anything to say why the sentence of death should not
be passed upon them, the prisoners said they were innocent. His Honor:
Frederick Maillat, the jury has found you guilty of murder. The law leaves me
but one last duty to perform, and that is to pass sentence upon you. You have
been found guilty, after a patient trial and an able defence, of the murder of
Charles George Louis Lauffer. I desire to say nothing which will add to your
feelings, and the sentence I am about to pronounce on you is the sentence of
the law—that you be returned to the place where you were last in custody and,
upon a time and place to be decided by the Governor in-Council, be hanged by
the neck until you are dead. May God have mercy upon your soul. Maillat, who
broke down as the sentence was being passed, left the court with streaming
eyes. Sentence was then passed on Lintauf and Lechoix, but his Honor warned
them not to hope for too much from the jury's recommendation to mercy. They
received sentence quietly. Marie Fontan received her sentence quietly, but
tears commenced to fall before the close. She left the dock trembling
violently. Quite a different demeanour was that of Lucienne Volti, who looked
boldly at his Honor as he passed sentence. There was the same angry expression
on her features that had risen when she repulsed her brother as he left the
dock. At the last words, '"May God have mercy on your soul," she
turned quickly towards where Mrs. Lauffer was sitting. Pointing to her in a
melodramatic style she shouted in angry strident tones, "God will punish
you for this." She quickly got down from the dock and hurried down the
steps into the cells below. Marie Dean took her sentence very quietly, but was
crying at the finish. His Honor delivered sentence very slowly and
deliberately, and seemed at times to be greatly impressed by his sorrowful duty The will of the late Mr. Lauffer — victim of the Smith's
Mill tragedy—seems to give a complete, contradiction to the rumour that he had
been, at one time or another, associated with disreputable French people. The
testator leaves all his property to his widow and adds the hope that she will
return with his children, to his family in Switzerland. Mrs. Lauffer has not
been - taken to the Fremantle Asylum as reported last week, but has been kindly
received by a friend at Cottesloe. Her mental affection, at which no one can
wonder, is regarded as temporary only There was an appeal to the full court the sentences of all
except Maillat were overturned. There was intervention on behalf of Maillat. EFFORTS
FOR REPRIEVE. PERTH, April 20, Having ascertained that the Executive
Council had decided that the law should take its course, Mr. Harney, feeling
satisfied that the Executive had not properly consulted lawyers in the matter,
has taken steps to consult the French Consul. Understanding that Sir Edward
Wittenoom was away, Mr. Harney is getting the official next in control to bring
up the consulate seal. When he gets that Mr. Harney will go to the prison
governor and request him to exercise personal jurisdiction given him under his
instructions in reference to reprieves that concern the interest of
nations outside the State, because insomuch as there has been an exhibition of
racial feeling imparted into the matter, that comes within his jurisdiction.
Mr. Harney has had no reply yet from the Attorney-General of Queensland, but he
has sent an urgent wire to the same effect to Sir Samuel Griffiths. If he gets
replies before calling upon the governor, he will take the reprieve with him.
The following letter appears in the "Daily News" to-day:—"Sir,—Mrs.
Lauffer has asked me to publicly deny through the medium of your
journal, the statements made by Senator Harney and others that her husband was
drunk at the time of his death, and that it was during a drunken quarrel that
Maillat murdered him. The bereaved widow, with whom there appears to be but
little sympathy from the legal fraternity, informed me that her husband was
perfectly sober at the time of the perpetration of Maillat's dastardly act, and
that it was not a drunken quarrel. Mrs. Lauffer contended that it was all
through her husband not breaking the law by selling these French people less
than a gallon of wine, that excited them and caused them to ill-treat her
husband, and, finally, caused Maillat to commit the crime for which he was
sentenced to death. Mrs. Lauffer still says Maillat came through the fence
after the others had half murdered Lauffer, and caught hold of her husband by
the throat with one hand and with the other deliberately fired twice at him
with the revolver.—Signed, J. C. Dermot." The acting-Consul for France, M.
George de Speville, has forwarded the following telegram to the Consul General
for France, in Sydney:— "The Government have decided to hang Maillat in
the morning. The verdict of the jury was only murder, not wilful murder. The
State Criminal Code prescribes the penalty of death for both offences, but it
is explained in the code that, in the case of murder, the sentence need only be
recorded, and the judge directed the jury to that effect. Please wire to the
Governor for a reprieve to enable a full inquiry into the point." The
following letter was forwarded to the Governor by Mr. Speville:— "May it
Please Your Excellency,—As the acting French consul (Sir Edward Wittenoom),
being absent, I respectfully beg to call your Excellency's attention to the
following portion of the powers and functions of the Governor as signed by His
Majesty to your Excellency: 'In any case in which a pardon or reprieve might
directly affect the interests of any country or place beyond the jurisdiction
of the Governor of the State, the Governor shall take those interests specially
into his own personal consideration.' As the suggestion has been freely made in
this case that the verdict of the jury was influenced by racial considerations
I respectfully submit to your Excellency the final determination of this matter
which affects the interests of France. Moreover, the verdict of the jury is
equivalent to what is known in France as murder in the second degree, and for
which punishment in that country would not be death. Your Excellency's council
has determined that the law shall take its course, and the Colonial Secretary,
who is acting Premier, has stated that in arriving at that conclusion the
members of the Executive Council were assisted by the advice of the Crown
Solicitor, Mr. Justice Burnside, the judge who presided at the trial, and the
Chief Justice. I am advised by many lawyers that it is clear on the face of the
criminal code that the punishment of death was never intended to be carried out
in the case of murder. I can certainly not think the Chief Justice, Mr. Justice
Burnside, and the Crown Solicitor have advised in a way that the remarks of the
Colonial Secretary indicate. They inform your Excellency that Mr. Burnside told
the jury that if they brought in a verdict of only murder then a sentence of
death might be recorded against the prisoner, and that he thereby induced the
jury to bring in a verdict which they otherwise might not have brought in. I
desire now to put forward that view which would save him from death in
France—that he has only been found guilty of murder in the second degree, and
as I am assured by lawyers that also in this State a verdict of murder ought
not according to the intention of the criminal code be visited by death I most
respectfully urge your Excellency that, you personally reconsider the matter
and take the advice of your law officers on this point alone. I have the honor
to be your Excellency's obedient servant.—(Signed) George de Speville,
acting-French Consul." PERTH. April 21. Despite the strenuous efforts of his
friends, Frederick or Fernand Maillat was hanged in Fremantle jail this morning
for the murder of Mr. Lauffer at Smith's Mill on February 4. A little group of
men assembled at the entrance to the jail just before 8 o'clock. Among them
were to be seen persons of the French nationality, but nothing in the way of a
demonstration was attempted. In the corridor were assembled the acting-French
consul (Mr. Geo. de Speville), Superintendent George, Drs. Hope and Schneider,
press representatives, and others.
Maillat, garbed in regulation prison dress, was found in the condemned
cell, engaged in prayer with the Rev. Father Cox, the Roman Catholic prison
chaplain. Maillat looked up as the sheriff's deputy, accompanied by
Superintendent George and warders entered the cell, and as the latter stepped
up to pinion his arms behind, the prisoner braced himself, and he marched erect
to the gallows. The noose was fixed, and at a signal from the sheriff's deputy,
the lever was thrown over, and Maillat dropped. When the body had hung for some
time it was removed, and handed over to Marie Renaud. Maillat declined to say
anything before his execution, but it transpired that he had a long interview
with the woman Renaud yesterday, and gave her some little articles of
jewellery. He asked her to journey to France as soon as possible and give the
articles to his relatives. He left no will nor written confession, nor did he
write any letters. Maillat was of strong physique, and stood 5ft. 10in. The
drop allowed was 4ft. It appears from authoritative records that Maillat landed
in W.A. about five years ago, when he was 19 years of age, He deserted from a
French barque, on which he was a seaman, and, after remaining in hiding till
the vessel departed, he returned to Fremantle, and followed the calling of a
fisherman. He travelled a good deal, and got into bad company. Senator Harney
received the following telegram to-day from Mr. Justice Henderson, of Queensland:—"Since
the passing of the code, persons executed were convicted of wilful
murder." Requested to make a
statement on the said: "This the matter, Mr.Harney said: "This wire,
I presume, is the reply to the two sent by me—one to the Attorney General of
Queensland, and the other to Sir Samuel Griffiths, the author of the code. In
both these wires I inquired whether in Queensland, since the passing of the
code, persons were executed for 'murder.' Mr. Justice Henderson's reply makes
it pretty clear that the views so strenuously maintained from the beginning is
correct, namely, that it was the intention of the author of the Criminal Code,
and has always been the practice, never to impose the penalty of death for
'murder.' In view of this telegram, and what appears to me to be the very plain
meaning of the code itself, it is somewhat difficult to believe that the legal
advisers of the Executive Council have given it as their opinion that the
sentence of death should be carried out on Maillat. I think that the public are
entitled to know definitely whether the Crown solicitor, the Chief Justice, and
Mr. Justice Burnside, after this point as to the distinction between 'murder'
and 'wilful murder' had been brought before them, advised that the sentence of
death should be carried out on Maillat. If they did, then no time should be
lost in making our criminal law conformable with common sense, and in doing
something to ensure that the code adopted in this State shall be administered
in the manner intended by its author, and as it is administered in Queensland.
If, on the other hand, the Chief Justice, Mr. Justice Burnside, and the Crown
solicitor, take no notice of the absent Attorney-General, who knew nothing of the
point, and have not advised that sentence of death should be carried out, then
the conduct of lay members of the Executive Council cannot be too strongly
reprobated. For my part I shall pursue this matter until the truth is
known." Maillat's remains were interred in East Fremantle Roman Catholic
Cemetery this afternoon, the Rev. Father Cox officiating. Dr. Hope states that
the abolition of the hangman's knot, under the new system of execution, and the
substitution of the thimble, has been attended with the best of results. In the
case of Psichitas and Maillat, nine minutes was a long time for the pulse to
remain beating after the dislocation of the neck, but there was nothing
extraordinary about the fact, as that time was often exceeded when the knot was
in use. M. de Speville, acting-French Consul, received a telegram to-day from
the French Consul-General in Sydney, stating that he wired to the Governor last
night with reference to Maillat, and asking Mr. Speville to let him know if the
sentence had been carried out. The text of the Consul General's telegram to
Admiral Bedford has not been disclosed. It appears that although the telegram
was lodged in Sydney last night, it did not reach the Governor till half-past 8
o'clock this morning, when Maillat was dead THE
FUNERAL. Permission having been obtained from the Colonial Secretary
by Mrs. Renaud to accord the remains of Maillat a civil burial, the body was
handed over to her by the prison authorities. The funeral took place at 4
o'clock in the afternoon, the departure from the prison gates being witnessed
by a crowd of several hundred people. Among those who were present were Mrs.
Renaud and all the companions of the deceased man in the Smith's Mill affair,
with the exception of Marie Fontan, who has gone up the country. The coffin was
of jarrah, silver mounted, and many handsome floral tributes were sent by
compatriots of the deceased, several of the wreaths being bound with the French
tricolour. Outside the prison several affecting sights were witnessed, the
French women wringing their hands and weeping bitterly. The hearse was followed
by about twenty men and a dozen women on foot, and crowds of interested
spectators assembled in the street to witness the procession on its way to the
new Fremantle cemetery. The body was interred in the Roman Catholic portion of
the cemetery, where the ordinary burial service was conducted by the Rev.
Father McCallion. When the coffin was lowered into the ground, the mourners
assembled round the grave, and amid great wailings and tokens of grief, bade
their farewells to the remains of their late countryman |
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SEQUEL
TO A TRAGEDY Perth, March 2. An extremely sad sequel to a terrible tragedy of some five or six years ago, when Lauffer, a vigneron, of Smith's Mill, was cruelly murdered, was enacted in the Midland Junction Police Court yesterday. Mrs. Francoise Lauffer, widow of the victim of that tragedy,
had, up to a week or so ago been living at the estate at Smith's Mill, but came
to reside with some friends at Midland Junction, owing, it is said, to her
having had to forfeit her property, which was mortgaged. On Monday morning her
mind seems to have completely given way under the great amount of worry
experienced during the last six years, and she was taken charge of by Con-
stables Wolfe and Culpitt, who found her on the Midland Junction railway
station. She was then acting in a violent manner, but after being looked after
for an hour or two, was much quieter. During the afternoon Mrs. Lauffer was
examined by a medical man, and on his certificate was ordered to be taken to
the Hospital for the Insane at Claremont, whither she was removed later on. The
loss of her house, where she had lived for considerably over 20 years, and
where she preferred to reside even after the terrible tragedy, seems to have
served to complete the breaking up of a previously happy life |
CHARLES LAUFFER'S GRAVE, GUILDFORD CEMETERY #6 |
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There is a deep irony in this affair. Both the victim and the executed were Catholic. The victim was not afforded a funeral in accordance with his faith, no reason is given for denying him an appropriate burial. However, the executed was buried with full catholic rights Works Cited
Simpson, R.
(1986). The Whites from Illawarra. Dianella: Ray Simpson. Slee, J., &
Shaw, B. (1979). Calamunda a home in the forrest. Kalamunda: Shire of
Kalamunda. Unknown. (1903,
April 28). Efforts for reprieve. Kalgoolie western Argus , p. 29. Unknown. (1903,
March 14). Gossip. W.A. Record, p. 8. Unknown. (1903,
March 17). Smiths Mill Tragedy. Kalgoorlie Western Argus. Unknown. (1903,
February 7). Smith's Mill Tragedy. Swan Express. Unknown. (1903,
April 25). The Funeral. Western Mail. Unknown. (1903,
February 5). Tragedy at Smiths Mill. The West Australian, p. 5. Unknown. (1909,
March 9). Sequel to a tragedy. Kalgoorlie Western Argus, p. 27.
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References: Article: Gordon Freegard & David Mizen Images: 1, 2, 3, 4, 5, 6 Internet
Copyright 2008 - 2021 Gordon Freegard |
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