Old Geelong Gaol
(part 6): James Murphy – Murderer
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| Former Warrnambool Police station, cells and courthouse complex |
James Murphy pleaded Not Guilty to the charge of
murdering Daniel O'Boyle, a police constable, at Warrnambool, on August 4,
1863. Murphy was accused of lighting a fire in the Warrnambool Courthouse in an effort to escape prison. Murphy struck Police Constable, Daniel O’Boyle in the
back of the head with a hammer, killing him.
Murphy, an old soldier who had served in the Afghan
wars, had been placed in the gaol cells at Warrnambool, which was a small complex
that also housed a courthouse. He was awaiting trial for stealing horses in the
district. It was the job of the prisoners to aid the police in cleaning the
courthouse and other sections of the complex. On this day, Constable O’Boyle
escorted Murphy to the courthouse where they were going to clean the room of
the Clerk of Petty Sessions. As Constable O’Boyle leaned down to light a fire,
Murphy took the opportunity to strike him in the back of the head with a hammer.
Murphy had stolen the hammer from a local stonemason who was repairing a wall
in the courtyard.
Murphy made his escape, casually
walking back through the courtyard towards the gaols. With no one on duty, he
was able to walk out the front door. O’Boyle’s body was only discovered sometime later when a worker went into the searching for a ladder.
27-year-old O’Boyle died 22 hours after
the attack.
A search party of police, volunteers and townsfolk
scoured the town for Murphy, but he was not to be found. In the next few days
telegraphs dispatched were sent to towns around Victoria, with a description of
Murphy.
Murphy was arrested in Melbourne and sent to Geelong Gaol for holding until
his trial.
It took a jury just 15 minutes on October 21, 1863, to
find Murphy guilty of murder. Murphy was asked if he had anything to say about
being found guilty, and he replied: “I throw myself, gentlemen, on your mercy. I
have a wife and five children, and I have been in a long time in the colony. There
was a row, your Honour, between myself and the constable, and he struck me in
two places on my head.”
The Judge replied that his objections
had been raised by his counsel, but that as he was detained, and struck O’Boyle
when he was not looking, it could not be considered manslaughter, but murder.
Despite more pleas from Murphy that the murder was an accident, the Judge ruled
with the jury and sentenced Murphy to death by hanging.
James Murphy was executed inside the Geelong Gaol on
the newly constructed gallows. He was the first man hung inside the gaol. The Mayor
of Geelong, the Sherriff, Dr Reid, Dr Pincott and Dr Macking, as well as 30
other people, were present for the execution. 100 people had gathered outside
the gaol, hoping for a glimpse of the execution.
Murphy was given last rites by Catholic
Priest, Rev Clampet. Clampet had spent the night previous with Murphy offering
prayer and solace to the convicted murderer.
An executioner was sent to Geelong from
Melbourne, who recognised Murphy as a former friend from their time in
Tasmania. The two men greeted each other, with the executioner driven to tears.
He soon composed himself and got to the job at hand.
Researched and written by Allen Tiller © 2019
Other Sources:
'THE EXECUTION OF JAMES
MURPHY.', Portland Guardian and Normanby General Advertiser, 12 November 1863,
p. 3.
'BY ELECTRIC TELEGRAPH.', Hamilton Spectator and Grange District Advertiser, (23 October 1863),
p. 2.
'MURDER AT THE
WARRNAMBOOL COURT HOUSE; ESCAPE OF THE MURDERER.', Geelong Advertiser, (11 August 1863), p. 3.
'Table Talk.', Portland
Guardian and Normanby General Advertiser, (20 August 1863), p. 3.
'ACCIDENTS AND
OFFENCES.', Leader, (8 August 1863), p. 3.
'MURPHY THE MURDERER.', The Herald, (14 August
1863), p. 3.
'THE WARRNAMBOOL
MURDER.', Leader, (24 October 1863), p. 4.
'MISCELLANEOUS.', Geelong Advertiser, (25 November 1863), p. 3.
'THE EXECUTION OF JAMES
MURPHY', Geelong Advertiser, (7 November 1863), p. 3.
