Person:Edward Ellis (15)

(Research):Article 1 CHARGE OF MANSLAUGHTER

ACCUSED MAN ACQUITTED WIDOW FAINTS IN COURT

His Honour Judge Moule presided at the sittings of the Echuca General Sessions on Tuesday.

Charles Envall, who was committed for trial by the Coroner's Court at Kyabram on a charge of manslaughter, was placed on trial. Sir John Quick prosecuted for the Crown and Mr Leo Cusson (instructed by Mr FC Mueller) appeared for the defence. The evidence showed that on December 1 Envall and a man named Edward Ellis, employed by the Railway Department, were working at Kyabram, and were camped in what is known as a sleeping van at the railway station. During the evening the men went into the township, and both became intoxicated. They returned to their quarters shortly before midnight, and subsequently Envall called upon Dr Harcourt and asked him to come and see his mate, who had fallen out of the van and injured himself. The doctor found Ellis in a serious condition, suffering from a fractured spine. Envall told him that he was awakened by Ellis falling upon him. The injuries sustained proved fatal. On the following day deceased was found lying about 7 foot from the van, with his head towards it. Envall was arrested, and afterwards committed by Mr P Bartold, coroner, on a charge of manslaughter, it being alleged that Envall had contributed to the man's death.

In his evidence on Tuesday, Dr Harcourt said that when he made a post-mortem examination of the body of Ellis, he found external marks of violence. The injury was not due to a kick, but in all probability was caused by a fall on top of the head. In his opinion the injury was caused by a fall. Joseph Glass, an engine driver, gave evidence as to meeting Ellis and the accused on. the night of the accident, when they were both "tipsy". Constable Bruce stated that on the night in question he heard noise of quarrelling at the van, but did not interfere. Later in the evening he was brought to the van by Dr Harcourt, and he saw deceased, who was seriously injured. Ellis told him that he had fallen out of the van, and Envall made a similar statement. The latter was proceeding to say something additional when deceased called out: "Come here Charlie. You will put your pot on talking to him." Accused afterwards said to Ellis: "I want you to tell them you fell out of the van". Deceased replied" Yes Charlie, but there is such a thing as a white lie". Witness asked Ellis, what he meant by this, and deceased said "There is no use in questioning me. The further you go the further you will get away." Deceased later said to Envall that he "Would not put a pal away". Next day Envall made a statement, in which he stated, among other things, that on the night of the accident there was no quarrelling. Witness said he examined the ground at the van, but there was no signs of a struggle. Senior Constable Evans gave corroborative evidence, and Detective Sullivan also gave evidence.

Mrs Ellis, deceased's widow, after giving portion of the evidence, fell in a faint on the floor of the court, and had to be taken outside. She said that her husband told her that he was dying. The Court then discussed the question of whether a statement made to Mrs Ellis by the deceased would be admitted as evidence. The point was whether at the time deceased made the statement he did so in the belief that he was a dying man, and that the statement was a dying deposition.

His Honour held that the alleged statement had not been made by deceased in the belief that at the time it was made be was about to die. The evidence of Mrs Ellis was therefore not allowed. This closed the case for the Crown. No evidence was called for the defence. His Honour briefly summed up in favour of accused, and the jury, after a short retirement, returned with a verdict of not guilty, and accused was discharged.

Second article Police Evidence SHARP PASSAGE AT ARMS CROWN AND COUNSEL AT VARIANCE During the hearing of a charge of manslaughter, of which he was acquitted, against Charles Envall, at a sitting of the General Sessions at Echuca on Wednesday, his Honor Judge Moule presiding, the police witnesses were submitted to a searching examination by Mr Cussen, who appeared for the defence.

Sir John Quick, the Crown advocate, appeared to have resented this treatment of the officers, and in his address to the jury made a spirited speech in their defence. Sir John said he wished to take exception to the rough handling to which the police witnesses had been subjected. There seemed to be an impression abroad that the police were fair game for attack, but he would like to protest that all police officials, whether constables like Detective Sullivan, Senior Constable Evans, or Constable Bruce, had to fulfill a duty in sifting the evidence with which they came in contact, not-in a perfunctory manner, but with the object of doing good detective work to expose crime, and to bring the criminals to justice. They could not do so going about with their hands in their pockets. The public expected the police officers to do their duty, although it was often a disagreeable job. There was no justification for the rough handling to which the officers had that day been subjected. These men were only doing their duty in seeking to throw a light upon a mysterious case. There seemed to be an impression in these days that a criminal should be handled delicately, with the gloves on, and there was a danger of that kind of sympathy being carried too far and having the effect of deterring the police in their vigorous efforts towards the suppression of crime. Mr Cussen, in opening his address for the defence, said he would like to reply shortly to the attack that had been made upon him. They would think, to hear Sir John, that police men came into court with a halo around their heads, and that barristers who were employed to defend the liberty of the subject should stand off from them in fear and trembling. He had not the experience or knowledge of Sir John, but he would say this, that his conception of his duties on behalf of a client were that he should challenge by, every means, and by every artifice, statements made to his disadvantage, the judge on the Bench being the only censor of his conduct. His client's liberty was in jeopardy, and relied upon the evidence of Constables Bruce and Evans. They had a beautiful example in Bruce, and they heard Evans say that his memory was not to be relied upon. Yet the Crown was asking the jury to take away his client's liberty on these men's evidence. He, as counsel, and they as jury, were to resent, with *** , any attempt made to show them up. He was sorry that Sir John should have made the matter a subject of controversy, but he was content to let it pass, and was satisfied to leave himself in the hands of the jury. The addresses to the jury were then proceeded with. - "Advertiser"

Third Article EDWARD ELLIS' DEATH THE CORONER'S INQUIRY EVIDENCE OF THE WIDOW HER HUSBAND'S DYING DECLARATION THE PROMISE TO BE SILENT ENVALL COMMITTED FOR MANSLAUGHTER The adjourned inquiry into the circumstances concerning the death of Edward.Ellis, at Kyabram, on Tuesday December 2, was held at the local police court on Wednesday last, before the coroner (Mr P Bartold PM) and the following jury, James Ash, carrier; Christopher William Colbert, agent; Thomas Vickers, gentleman; John Thomas McDonald, carrier; Leslie Evans, carpenter; William Thomson, fruiterer. The foreman, (Mr Alexander Mellis), was absent through illness, and his son (D D Mellis) swore that his father was in bed under the care of Dr Wight, from whom he produced a medical certificate.

Sub inspector Corkhill appeared on behalf of the police to assist the coroner, Mr FC Mueller appeared for Chas Envall, who was in custody, charged with the murder of Ellis. Mr Oakley represented the railway department.

Senior Constable Evans deposed that the sleeping van was now as nearly as possible in the same position as it was when witness saw it after the accident.

The jury again visited the scene of the accident, and on returning. Dr Harcourt said he wished to modify a statement made on the 3rd. last. He then said "I believe the fallout of the van was the cause of the injury" He meant everything. He did not mean to suggest only an accidental fall.

To Sub inspector Corkhill - The injuries could have been occasioned by other means than a fallout of the van. There were many ways in which they could be caused. The broken neck could have been caused by an accidental fall. It was difficult to see how the man could have fallen into such a position by an accidental fall, but would not swear that it was impossible. The injury to lower end of spine could have been caused otherwise than by a fall. It could have been caused by a kick from another man. The injuries on the top of the head were, in witness's opinion, caused by a fall. They might have been caused in other ways. Spoke to deceased, but he gave witness no information as to how other ways. Spoke to deceased, but he gave witness no information as to how injuries occurred. Told him his neck was broken, and asked him if he wished to make a will. He said he wished to leave everything to his wife. Asked him if he would get a solicitor. He replied "Yes" and witness brought Mr Sawers. Ellis said he was not afraid to die. After he was removed to the hospital he said as witness and Dr Wight were leaving "I will best you both yet" That would be about 3.30 am on December 2. Envall called at witness's place, and said he wanted him to come to the railway station to see a mate, who he thought had hurt himself. He told witness where he was and went away. Went to railway station, examined deceased and a quarter of an hour after saw Envall, and told him his mate's neck was broker). Asked Envall how the injury occurred. He said the first he knew about it was deceased falling on his legs. He pointed out where he (Envall) was lying, near a stack of fruit cases. The sketch produced showed where deceased was lying. If the deceased fell out of the van and on to Envall; where Envall pointed out to witness that he (Envall) was lying and broke his neck in the fall, it would not be possible for Ellis to get into the position he was n when witness saw him. From appearances the injuries appeared to have been caused at the one time.

To Mr Mueller: The injuries were consistent with an accidental fallout of the van.. As to how they happened it was mere conjecture on witness's part. Ellis was not delirious when witness first examined him. Remained 20 to 30 minutes with accused at the first visit. Went away to get assistance. Returned and remained another 20 minutes then went for a solicitor. About three quarters of an hour after Ellis was taken to the hospital. Witness remained with deceased at the hospital about 45 minutes. About 4 pm on December 2, witness was called to the hospital. Had seen deceased about 9 o'clock in the morning; his mental. condition had not altered at that time. In the afternoon at 4 o'clock he was delirious. He was paralysed all over, otherwise he would have been exceedingly violent. He remained delirious until he died, at about 6.40 pm. on December 2. The fifth cervical vertebra was broken. The spine was otherwise uninjured except for a bruise on the lower part of it.

Re-examined by Sub inspector Corkhill - Owing to the nature of the injuries great care had to be taken in removing deceased; otherwise he might have expired on the way to the hospital. The injuries could have been caused by deceased being thrown and kicked by another man. By Mr Mueller: Could smell drink on Ellis when I first went to him. The injuries would tend to sober him. By the Sub inspector - His speech gave out the impression that he was under I the Influence of drink. By the Coroner - If a man stepping out of the van caught his foot on the step board he might fall on his head in consequence. By the Sub inspector - It is difficult to see how a man accidentally falling from the step could have got into the position in which he found Ellis. By the Foreman of the Jury - Noticed only one door open. Did not notice any windows open, Joseph Glass, engine driver, residing in Kyabram, deposed that on the night of 1st December, at about 11.15 he was coming along Church St. when he met Envall and Ellis. They were going towards the football ground. Directed them to the railway station, saw them pass through the gates. They had drink in alright, but could walk straight. To the Foreman of the Jury - They were talking casually, and there were no arguments. Henry B Haynes, clergyman, Kyabram, - Said he was called to see Ellis on the morning of December 2; had a conversation with him at the railway station, and believed that deceased was under the impression that he was going to die; he said if his wife didn't arrive before he died would witness remember him to her and give her his love. Just before they lifted deceased to carry him to the hospital Envall put his ear to Ellis's mouth and deceased said, "Tell my wife I loved her to the last". Saw Ellis in the hospital about 3 o'clock the same afternoon. He was conscious, and aware that he was not going to live. To Mr Mueller - He told me he expected death at once. When he said to the doctors, "I'll beat you both yet", I took it to be just a little joke on deceased's part. To the Coroner - When I saw him at 3 o'clock he said, "My body is dead; you could put a knife into it and I would not feel it. There is only life in my head. I don't expect to be here many hours.

Constable Bruce, Kyabram. Deposed that about 11.35 on December 1, in company with Senior Constable Evans he was at the cattle yards on the railway line, about 100 yards from the van in which Envall and Ellis slept. Heard the sound of a struggle on the ground. They walked along until they got a view of the van, and then the struggle seemed to cease. Remained there a few minutes and then went on to the railway line when he saw a man whom he now knew to be Envall moving about with a light in his hand, going in and out of the van. He was speaking to the other man in a rough tone of voice. When he heard the struggle, witness heard the words "Come here" spoken by Envall. As it seemed only a conversation at that time they returned to the police station. About 12.15 am. Witness had occasion to go to the back of the police station about 80 yards from where the van was, and he heard the rough voice again and a man was walking backwards and forwards with a light. The man got into the van and put the lamp away and then there was silence. Shortly after midnight witness and Senior constable Evans went to the van. Ellis was lying in a position as shown in the sketch. Envall was in the van. Witness said to Ellis "What's the matter?" He said "I have had a fallout of the van". Witness then got into the van and said to Envall "How did this happen?" He said "Ted fell out of the van on top of me. I was sleeping on the ground. I had not come into the van". Witness said "How did he come to fallout?" Envall said "I don't know: I was here, and when he fell on to me he said 'Charlie, I am hurt"'. Envall said "I said go to sleep" and Ellis said: I'm not gammoning". I then put a pillow under his head and went for a doctor and I got lost. I went to Heaphy's hotel. I there met a man who said he was a doctor, but not practising here, and he showed me the way to Dr Harcourt's". Envall said "that is the bed Ellis was sleeping in (pointing to a bed at the far end of the van) and this is mine here (pointing to one opposite the door way), which has not been slept in". Witness said "Neither of these beds had been slept in tonight". Envall said "I don't know if Ted slept in his or not. We are brother Druids and I have nothing to hide". Witness said "You say you have not been in the van tonight". He said" Yes, that's right I haven't been in here". Witness said "What were you doing fixing up your trousers when we came here?" He said" I was looking for my belt" Witness said "Did you have in on when you went for the doctor?" He said "No, I held my trousers up with my hand". Witness said "How did your pelt get in here if you were not here?" He said "I must have left it behind me". Examined the van and there was no appearance of a struggle in it. At this stage, Ellis called out to Envall "Come here, Charlie, you will put your - pot on". Envall said, "Alright, Ted". And got out of the van. Envall demonstrated the position he was in when Ellis fell on him. Said to him "If you were lying there you would have some dust on you". He replied "It must have come off. Ted and I are good pals. We have been in the navy together, and he will die like a Britisher". Said to deceased "How did this occur?" He said"l fell out of the van". Envall said, "You hear that constable, I insist upon you taking that down as that will clear me in any court of Justice, as they might say that I punched him and there is a certain amount of suspicion against me". Envall then turned to Ellis and said: "I want them to take that down, Ted". Deceased replied", "Don't worry me, Charlie". Envall said. "I want you to tell them that you fell out of the van, and that clears me". Deceased said, "Yes, that's right Charlie, but there is such a thing as a white lie. I have been a better pal to you than you have to me, and I won't put a pal away. I could say a lot if I liked." Witness asked deceased what he meant by a white lie, and he said "it is no use of you questioning me, the further you go the further away you go. I won't put a pal away". Witness asked what he meant by not putting a pal away. Envall having repeated that deceased would die like a Britisher said "He has a bottle of Indian Pale ale. He has planted it, and I can't find it". Deceased said, "He has planted it, it is a bottle of draught beer and you know where it is". Envall then went into the van and brought out a bottle containing beer. Ellis said to Envall, "I don't think much of you as a pal; if you were in my position I would not be worrying over beer." Envall said, "Perhaps these men would like a drink". They refused, and Envall got a pannikin and had one himself. Deceased said to "I will tell all when I am going. I want to see my wife. I will tell her all." Deceased said to Envall "Come here, Charlie, I want to speak to you". The latter drew himself alongside deceased and put his ear to his mouth. After some whispered conversation Envall said :"Alright, Ted, I'll fix everything when you're gone. I'll see everything is paid". Next morning witness went to the van and Envall was there. He pointed to a screw jack that was partly across the door on the inside and said, "That is how he fell out! he caught his foot in that, as it was there last night and has not been shifted". Witness said, "Oh, no it was not there; I examined the van and it was not there then." Witness said the 'if you did not someone else must have, and even if it was there he could not have got in the position he was if he had tripped over it, because you can see for yourself that he would have bumped into the door.". On the morning of the 4th Inst. requested Envall to come to the police station, and he did so. Senior constable Evans was present. Said to Envall, "Will you give us a statement of your movements and what occurred that night?" He replied that he would sooner say nothing about it until he got advice on the matter, as he had no witnesses here for him. Envall made a 'statement produced'. He said he got the bottle of beer off the table. Witness said it was not there when he was in the van. Asked him how he accounted for deceased falling on him. He said that "I didn't mean that he fell onto me, I don't know the language too well. I meant that when he fell I woke up". Witness said it would be impossible, in his opinion, for deceased to have received the injuries by falling through the door; if he had fallen where Envall said he did; he would have to be carried to get into the position where they found him.

Ettie Ellis, widow of deceased, deposed that her husband knew her when she arrived. Said to him "How are you?" He said "I'm done". Witness said "Ted, how did you fallout of the car?" He replied" I was not in the car, Ettie; I was on the ground." He said "I caught his arm and the coward, he threw me. He belted and kicked me: and that's what I got for doing him a good turn.". He made witness promise that she would not spread for the sake of the man's wife and children. Witness said to her husband." He didn't think of me and my children. Why shouldn't he be punished, Ted?" He said "Nothing in this wide world can bring me back to you. God will look to you and the children". Her husband made witness promise that she would say it was an accident.

To Mr Mueller - Was with her husband up till he died. The conversations she had related took place in the morning at the hospital. He appeared quite calm, but now and then his chin quivered, as though he were in pain. Do not know Envall at all.

F A Dangerfield, railway foreman, said that he was informed of the accident by the police on the morning of December 2, and he came to Kyabram, bringing Mrs Ellis with him, arriving about 6.15 am. The latter saw her husband first. Witness saw him about a quarter of an hour later, and in answer to an inquiry deceased said he fell out of the van. He persisted in this statement, and afterwards said he would not put a pal away. Witness asked "Old Envall push you out?" Deceased did not answer. Asked if Envall had anything to do with it, but he did not answer. Saw Envall at the van, and he said that the accident happened in the way he had described it to other witnesses. Told Envall he thought he had been drunk, and this was the result of a drunken orgie.

Senior constable Evans deposed that he saw the two men together about 10 in the evening of the affair, and neither wore a coat. Ellis had a bottle of beer. (Witness corroborated Constable Bruce as to what they heard in the cattle yards). Witness described what took place at an interview with Envall at the police station on Monday (the morning he was arrested). Detective Sullivan said they had a statement from Mrs Ellis. Envall said "He told a lie on his death bed:". Sullivan "What lie did he tell?" Envall "What his wife told you". Sullivan said "I have not told you one word she said". Sullivan offered to read Mrs E'llis's statement, and Envall said it was of indifference to him. It was read to Envall and he said "It was the greatest fabric of lies that ever I had time to listen to and know nothing about it; I was asleep at the time". Later he said "If there was a quarrel I was not the cause of it". He was told he could make a statement it he wished. He considered, and said he was awakened by Ellis standing over him with a demi john of water. He said "What are you going to do with that, Ted?" He said "You'll find out" Envall said "To the best of my knowledge we had no quarrel, I am innocent". He was then locked up.

To the Sub inspector: Found a tuft of hair on the ground where Ellis's head was resting. It was 7ft 6 ins from the door of the van and 5 ft from the railway line, it was adhering to stones. Did not notice any hair missing from deceased's scalp. Detective Sullivan said the evidence from Senior constable Evans regarding interviews with Envall and Mrs Ellis was substantially correct. Envall said at the police station the "If there was a quarrel he (meaning deceased) was responsible for it".

Dr Harcourt (recalled at the request of the foreman of the jury) said there was no light in the van when he went to see deceased. Noticed an abrasion on the scalp. The hair produced (found by Senior constable Evans) was somewhere about the color of deceased's hair.

The coroner read a caution to Envall, where he said he would make no statement.

Mr Mueller addressed the jury at some length.

The coroner explained the law regarding murder and manslaughter, and. reviewed material points of the evidence.

At 10.17 the jury retired to consider the verdict.

At 11.30 pm. the jury returned to court with the following verdict: "That Edward Ellis died at Kyabram on December 2nd, from asphyxia, due to compression of the spinal cord, from injuries received from Charles Envall, during a quarrel, and we find Charles Envall guilty of manslaughter, and are of the opinion that both men were intoxicated at the time".

The coroner committed Envall for trial at Echuca General Sessions on February 17. Bail was fixed in two sureties of 250 pounds each and accused in 500 pounds.

1. ↑ General Register Office, England. Birth Certificate Edward Ellis, Reference Births Dec 1867, District Camberwell, Vol , Page. (Original a certified copy. Photocopy in possession of Sandra Williamson).
2. ↑ ^{2.0 2.1 2.2} Death Certificate Edward Ellis, 2 December 1913. Reference 13817, Registry of Birth, Death and Marriages, Vict. (Original copy held by Jan Beamish. Photocopy in possession of Sandra Williamson).
3. ↑ Form of Instructions for Graves - Edward Ellis (1). (Original held at the Echuca Historical society Inc. Photocopy in possession of Sandra Williamson).
4. ↑ E-mail Yvonne Marshal
   8 June 2003.
5. ↑ Census returns of England and Wales 1871, Registration Sub-District 2A Camberwell Civil Parish, Township or Pl. (1871 Census Registration Sub-District 2A Camberwell Civil Parish, Township or Place: Camberwell; Public Records Office, England (PRO) RG10/722/130. Original a scanned copy of page from the Original Census Enumerators' Book . Photocopy in possession of Sandra Williamson. (Original photocopy almost unreadable.)).
6. ↑ ^6.0 6.1 Census returns of England and Wales, 1881, Civil Parish, Township or Place: St Germans - extract for Edward El. (1881 Census, Registration district: St Germans, Sub-registration district: Saltash, ED, institution, or vessel: Industrial Training Ship Mount Edgeumbe, Public Records Office, England (PRO) RG11/2282/177, Original a scanned copy of page from the Original Census Enumerators' Book . Photocopy in possession of Sandra Williamson.).
7. ↑ Registry of Birth, Death and Marriages, Victoria. Marriage Entry for Edward Ellis Ettie Schroder. (Original a scanned copy. Photocopy in possession of Sandra Williamson).
8. ↑ Registry of Birth, Death and Marriages, New South Wales, Australia. Birth Certificate Albert George Victor Ellis. (Year 1891, #unknown Original a certified copy. Photocopy in possession of Sandra Williamson).
9. ↑ The Guardian
   Supplement to Guardian Friday, December 5, 1913.

   Fatality at Kyabram
   Man Falls from a Railway Van
   On Monday evening, Edward Ellis fell from the doorway of a van at the Kyabram railway station, and dislocated his neck. He was taken to a private hospital, where he died at 6.30pm on Tuesday evening. Wllis and his mate (Charles Envall) were sleeping in a 'travelling driving ban' used by workmen at the railway station, and the former fell to the ground (about 6ft) on to his head. Envall went for the assistance of Dr Harcourt, who stated that the injured man's spine was broken.
   Deceased was a casual hand in the Ways and Works branch of the Railway department, and had been a resident of Echuca for the past 25 years. He was about 45 years of age, and leaves a widow and grown up family. The remains were taken to Echuca yesterday by the mid-day train, and were interred in the local cemetery in the afternoon.
   An inquiry into the circumstances concerning the death was held at the Kyabram Court House on Wednesday afternoon by the Coroner, Mr P Bartold, P.M., and the following special jury:- Messrs Alex Mellis Fruit grower (foreman), C.W Colbert, agent; Jas Ash, carrier; Thos Vickers, gentleman; JTMcDonald, carrier; Les Evans, carpenter; W. Thomson, Fruiterer.
   Senior constable Evans conducted the case on behalf of the Crown.
   After taking the usual oaths, the jury, accompanied by the Coroner adjourned to the Albion Hotel, to interview the body of deceased.
   The police applied for an adjournment for 14 days, and the request was granted.
   Albert Ellis (son of the deceased) gave evidence, the latter stating that death was due to asphyxia, one of the bones in the neck having been broken.

10. ↑ The Free Press.

    Sad Fatality at Kyabram
    Man's Spine Broken
    A Night Happening at the Railway Station
    Inqury Opened and Adjourned
    
    At a late hour on Monday night. Thomas Ellis, a carpenter employed casually by the Works branch of the Railway department, sustained injuries of such a severe nature that his death resulted at about 7 o'clock on Tuesday evening. It appears that Ellis (who was a married man with a family, living in Echuca) and a companion named Charles Envall, also employed by the Railway department, returned to a travelling van in which they slept, near the railway station platform, about mid night on Monday. Envall in his statement ot the police, siad the night was so hot htat he did not go to his bed in the van but lay down outside and fell asleep, near some fruit cases. In the absence of steps fruit cases were used by the occupants of the van to gain easier access to it. Envall said he was awakened by a crash, which he found to be the result of his friend falling from the door of the van onto the roadway. Finding he was badly hurt he got a pillow from the van and placed it under his head and then went in quest of a doctor. After some difficulty he found
    Dr Harcourt's residence, and the doctor being informed of the occurrence hastened to the spot. He found that a bone in Ellis's spine was fractured and there was little hope of his recovery. Dr Wight walso summoned and he corroborated Dr Harcourt's opinion. Sneior constable Evans was informed, and after he and Constable Bruce had procured an ambulance Ellis was removed to Miss Wheeler's private hospital. Great care had to be exercised in moving the unfortunate man, as the lightest jolt would have resulted in instataneous death. The Echuca police were aroused by telephone and the sad news was conveyed to Mrs. Wllis, who came to Kyabram by a motor trolley at about 5 o'clock on Tuesday morning. Everything possible was done to make the injured man comfortable in his last hours, and consoled his afflicted wife in such distressing circumstances.
    As inquiry was held at the kyabram Court House on Wednesday afternoon by the coroner, Mr. P. Bartold, P.M. and the following special jury:- James Ash carrier, Christopher William Colbert, agent; Thomas Vickers, gentleman; John Thomas MecDonald, carrier; Lieslie Evans, carpenter; William thomson, Fruiterer; and Alesander Mellis, Fruitgrower (foreman).
    Having been sworn the jury retired in company iwth the coroner and viewed the body. On returning, the statements of the police regarding the affair were related to the jury by the coroner and the following evidence as taken.
    Albert Ellis (son of deceased) gave evidence as to identification. Last saw his father alive at half past six the previous night. He tried to speak to witness, but he could not get anything intelligivle from him.
    Olive Harcourt, medical practitioner, of Kyabram, gave evidence as to the post-moderm. Death was due to asphyxia, due to the oppression of the spinal cord.
    To Senior Constable Evans: There were two bruises on the top of the head and abrasions on the side of the face. Witness as called on Monday night by a man named Charles Envall, who asked him to fo and see his mate at the station as he believed he had been hurt. Envall had drink taken. Went to the station and found deceased lying on the ground with a pillow under his head, which was facing the van. He was, witness thought, about six feet from the fan. It was difficult to see how a man falling out of the van door accidentally could fall into such a position, so far away from the door. If he jumped deliberately, or if he were violently shoved he could have fallen there. From the injuries he received he would be unable to move after having fallen. If he fell from the door he must have turned a complete somersault.
    Witness was asked by the senior constable for an opinion as to how the deceased might have got into the position and siad "I prefer not to say". He might have got htere by jumping. It was all presumption. The abrasions on the face might have been occasioned previously, but it looked as if they were caused by the fall, as there was a certain amount of gravel in the wounds. Was not prepared to say when it happened. It certainly did not hpaaen after his spine was broken. A man by merely falling out of the van, on to his head, might easily suffer injuries occasioned to deceased.
    The foreman of the jury: Was thee any appearance of a struggle on the ground? - I noticed none.
    Mr Vickers:Do you think the fall out of the van was the cause of the injuries? - I think so.
    Senior constable: Did you notice any signs of a struggle in the van? - I did not noitce, I had no light.
    Mr Colbert: Was there any sign of a fall on the ground? - I made no examination.
    Senior constable Evans, at this stage, asked for an adjournment of 14 days. The request was agreed to, and the jury was adjourned to Wenesday, October 17,. at 10am.

11.   Unknown newspaper.

    CHARGE OF MANSLAUGHTER
    
    ACCUSED MAN ACQUITTED
    WIDOW FAINTS IN COURT
    
    His Honour Judge Moule presided at the sittings of the Echuca General Sessions on
    Tuesday. i
    Charles Envall, who was committed for trial by the Coroner's Court at Kyabram on a
    charge of manslaughter, was placed on trial. Sir John Quick prosecuted for the Crown
    and Mr Leo Cusson (instructed by Mr FC Mueller) appeared for the defence. The
    evidence showed that on December 1 Envall and a man named Edward Ellis, employed
    by the Railway Department, were working at Kyabram, and were camped in what is
    known as a sleeping van at the railway station. During the evening the men went into
    the township, and both became intoxicated. They returned to their quarters shortly
    before midnight, and subsequently Envall called upon Dr Harcourt and asked him to
    come and see his mate, who had fallen out of the van and injured himself. The doctor
    found Ellis in a serious condition, suffering from a fractured spine.
    Envall told him that he was awakened by Ellis falling upon him. The injuries sustained
    proved fatal. On the following day deceased was found lying about 7 foot from the van,
    with his head towards it. Envall was arrested, and afterwards committed by Mr P
    Bartold, coroner, on a charge of manslaughter, it being alleged that Envall had
    contributed to the man's death.
    In his evidence on Tuesday, Dr Harcourt said that when he made a post-mortem
    examination of the body of Ellis, he found external marks of violence. The injury was
    not due to a kick, but in all probability was caused by a fall on top of the head. In his
    opinion the injury was caused by a fall.
    Joseph Glass, an engine driver, gave evidence as to meeting Ellis and the accused on.
    the night of the accident, when they were both "tipsy".
    Constable Bruce stated that on the night in question he heard noise of quarrelling at the
    van, but did not interfere. Later in the evening he was brought to the van by Dr
    Harcourt, and he saw deceased, who was seriously injured. Ellis told him that he had
    fallen out of the van, and Envall made a similar statement. The latter was proceeding to
    say something additional when deceased called out: "Come here Charlie. You will put
    your pot on talking to him." Accused afterwards said to Ellis: "I want you to tell them you
    fell out of the van". Deceased replied" Yes Charlie, but there is such a thing as a white '01'
    lie". Witness asked Ellis, what he meant by this, and deceased said "There is no use in
    questioning me. The further you go the further you will get away." Deceased later said
    to Envall that he "Would not put a pal away". Next day Envall made a statement, in
    which he stated, among other things, that on the night of the accident there was no
    quarrelling. Witness said he examined the ground at the van, but there was no signs of
    a struggle.
    Senior Constable Evans gave corroborative evidence, and Detective Sullivan also gave
    evidence.
    Mrs Ellis, deceased's widow, after giving portion of the evidence, fell in a faint on the
    floor of the court, and had to be taken outside. She said that her husband told her that
    he was dying. The Court then discussed the question of whether a statement made to
    Mrs Ellis by the deceased would be admitted as evidence. The point was whether at the
    time deceased made the statement he did so in the belief that he was a dying man, and
    that the statement was a dying deposition.
    His Honour held that the alleged statement had not been made by deceased in the belief
    that at the time it was made be was about to die. The evidence of Mrs Ellis was
    therefore not allowed. This closed the case for the Crown.
    No evidence was called for the defence.
    His Honour briefly summed up in favour of accused, and the jury, after a short
    retirement, returned with a verdict of not guilty, and accused was discharged.

12. ↑ Burial Plot # No. of Grave on plan issued 239 The Circle
13. ↑ The Late Edward Ellis - The reamins of the late Edward Ellis, who met with a fatal accident on Monday night, were yesterday conveyed by train from Kyabram to Echuca, and and interred in the local cemetery. The cortege moved from the railway station shortly after 2 o'clock, a large number of friends of the deceased following the hearse. The burial service was conducted by the Rev. J. C. Herring, of Chris Church and the funeral ceremony of the Druids fraternity was performed at the graveside. Much sympathy was expressed with the widow and family of the deceased.
14. ↑ Alec Lee, 3?, Bootmaker, London
    Martha ", age 31, Chiddingstone
    Alfred ". age 5, London
    Edward ", age 3, "
    Martha S " age 3 mo, "
15. ↑ at the time of his death.
16. ↑ Fatality at Kyabram
    Man Falls from a Railway Van
    On Monday evening, Edward Ellis fell from the doorway of a van at the Kyabram railway station, and dislocated his neck. He was taken to a private hospital, where he died at 6.30pm on Tuesday evening. Wllis and his mate (Charles Envall) were sleeping in a 'travelling driving ban' used by workmen at the railway station, and the former fell to the ground (about 6ft) on to his head. Envall went for the assistance of Dr Harcourt, who stated that the injured man's spine was broken.
    Deceased was a casual hand in the Ways and Works branch of the Railway department, and had been a resident of Echuca for the past 25 years. He was about 45 years of age, and leaves a widow and grown up family. The remains were taken to Echuca yesterday by the mid-day train, and were interred in the local cemetery in the afternoon.