Manslaughter in the Mulga – how Fulton fell

‘Kanowna Kase’
Manslaughter in the Mulga
How Fulton Fell
Cox Committed

The little Kanowna Police Court was crowded last Thursday, when the visiting magistrate, Mr. W. A. G. Walter, presided over an inquiry concerning the death of a man named Henry Fulton. The three jurymen were Messrs Mainstone, Con Bartlett, and Sam Griffiths. A man named James Cox was present in custody. Inspector Brophy conducted the proceedings. Dr. James McCauley, R.M.O. of Kanowna, a boyish-looking medico, deposed that he took over his position on August 1st from Dr. Holland.

At that time Henry Fulton was a patient at the local hospital and remained under witness’s care until he died. By order of the coroner, he made a post-mortem examination. There were big wounds on the right side of the skull which were the cause of death. Witness, in reply to one of the jury, said that the patient’s life might have been saved had he received proper attention in time, but he would not have retained all of his intelligence. The shovel produced in evidence might have caused the injuries.

Bernard Patroni, the hotel keeper at Jubilee (40km East of Kanowna), deposed that on Monday, July 4, he went from Jubilee to Lake La Page with McCausland and Fulton (the deceased), to take provisions for Cox and another. McCausland had a bottle of whisky and a bottle of beer. They went to Cox’s camp. Cox was half a mile away and he returned an hour later. Cox boiled the billy and the four had crib in the camp. They also had the one bottle of beer and a little whisky. McCausland went to his camp some distance away immediately after crib. Cox kept the remainder of the whisky. Cox said his hair was too long and asked Fulton and the witness between them to cut it for him. The three were all good friends.

Later on, a barney between Cox and Fulton started, and the latter used very bad language. This continued for twenty minutes and both men were very excited. Cox said, “You and the other chaps have not been paying your way, while l have never been in debt.” Fulton said, “I owe you nothing.” Cox then struck Fulton in the face. Fulton hit Cox back on the chest. Cox then ran outside. Fulton followed. Cox saw him coming and picked up a shovel lying outside and hit at Fulton, but struck the cross piece of the door and then it landed on to Fulton’s head. Witness saw the blood. Cox then dropped the shovel and ran to where he was working and the witness did not see him again.

Fulton was swearing before and after being struck but did not fall down, only put his hands to his head. Witness and Fulton then got into the cart and drove to Jubilee, seven miles away. Fulton remained at Jubilee for three days, and then the witness took him to Kanowna Hospital. The reason Fulton was not brought in earlier was that he insisted that he was not hurt and had received worse than that before. Eventually, however, he consented to come in, but he was talking a good deal to himself. Dr. Holland dressed the man’s wounds, and he went into town. He was not detained at the hospital on that occasion. A witness saw Fulton at a hotel the next day, and then he returned to Jubilee. Fulton had had no drink at witness’s hotel after the injuries and had no intoxicants in Kanowna. Witnesses had known both men for fourteen weeks. When Fulton took a drink he went off his head, but Witness never knew Cox and Fulton to be bad friends, except on that one occasion.

Cox was a very quiet chap, and witness never met a better camp mate. Cox and Fulton had been partners in mining ventures prior to coming to the Jubilee, and the argument they had in the camp referred to that period. Corporal Switsur, in charge of Kanowna, deposed that he saw Henry Fulton in Kanowna, and as a consequence of what Dr. Holland told him, the witness went to Jubilee, 28 miles away, and arrested Cox on a warrant for inflicting grievous bodily harm on Fulton. Cox asked how Fulton was and said that he was sorry anything had happened.

Fulton, who had, been unconscious, for some time, eventually died on the 8th inst. A fresh complaint was then laid against Cox, charging him with murder. Witness knew both Fulton and Cox well, the former used to be very quarrelsome when drinking, but the. latter was always a very quiet man. This completed the evidence, and Cox was given an opportunity of going into the witness box, Which he declined. The P.M. addressed the jury at length, and, after a lengthy retirement, they brought in a peculiar and almost unintelligible verdict, upon Which Mr. Walter felt justified in sending Cox along for trial for manslaughter. Bail was allowed in two sureties of £25 each. Mr. Lardner storekeeper, and Mr. Denny O’Sullivan, acting as bondsmen.

Kalgoorlie Western Argus 27 September 1910, page 8

James Cox, on oath, said that he had known the deceased for six years. When the deceased put his face up to witness he said, “You old !!! , I’ll punch your nose.” Witness pushed him away. He then struck him in the stomach and threatened to tear his intestines out, and witness rushed out of the door, which was 4 ft. high, and, as he did so, the shovel was picked up by him, and he struck over his shoulder and hit the door. It did not have any effect on Fulton, who chased him. Witness kept away from the camp till dark so that there would be no further row. The witness had a physical difficulty, which made him incapable of resisting a strong man. He hit over his shoulder because he thought Fulton would catch him. As he went around the corner he saw Fulton put his hand to his head. When he struck back he did not intend to hit Fulton, whom he thought would go back. This closed the case for the defense.

His Honour summed up greatly in favor of the accused. The jury retired at 12.07 p.m. and returned at 12.20 p.m. with a verdict of not guilty. The accused was discharged.