James Henry Fisher (1866 - 1901)

Born 15 Dec 1866 in Gunning, New South Wales, Australia

Husband of Alice May Oldfield — married 13 Jun 1894 in ,Tumut,NSW,Australia

Died 20 Apr 1901 at age 34 in Adaminaby, New South Wales, Australia

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Biography

Born 15 Dec 1866. Gunning, NSW, Australia.

Marriage James Henry Fisher 13 Jun 1894. ,Tumut, NSW, Australia.

Residence 1899 "Yarralumla" Estate, Yarralumla, ACT, Australia.

Occupation blacksmith. 1899 "Yarralumla" Estate, Yarralumla, ACT, Australia.

Died killed by wife's alleged lover. 20 Apr 1901. Agency: 04321/1901. Cause: fractured skull - injuries inflicted by William Scanes; inquest at Adaminaby 22 Apr 1901. Adaminaby, NSW, Australia.

Buried 22 Apr 1901. Church of England Cemetery, Adaminaby, NSW, Australia.

Research Notes

Occupation: "... had a forge near Queanbeyan and 18 months ago [i.e. about late 1899] and came to Adaminaby to work for accused [Wiliam Scanes, charged with his manslaughter]. Deceased had been working at a creamery some time.". ~ from inquest report into his death.

Death: Death Under Peculiar Circumstances. Mr. James Fisher, a resident of Adaminaby, and well-known, about Queanbeyan, died on Saturday morning at 6 o'clock under circumstances that necessitated the holding of an inquiry. It appears that the deceased had an altercation with another man on the 9thinst., which resulted in blows, and it was not known how this might have affected his health. ~ The Queanbeyan Observer, Fri 26 Apr 1901.

Inquest At Adaminaby. VERDICT OF MANSLAUGHTER.

An inquest was held on Monday 22nd at the Court House Adaminaby, before Mr J. M. Lette and a jury of twelve, touching the death of James Fischer, labourer, which occurred on Saturday. Mr Sub-Inspector le Boutellier watched the case on behalf of the police.

The evidence was of a voluminous, nature and was to the effect that on Easter Monday morning, between 1 and 2 o'clock, William Scanes, a blacksmith, went to the residence of the deceased, knocked at the door, and demanded a cup of tea. Fisher declined to get up, when Scanes threatened to break in the windows Fisher eventually got up, when a quarrel ensued, which resulted in the pair coming to blows. Fisher died on Saturday, 20th instant, and it was considered that the circumstances surrounding the case justified the holding of an inquest. Evidence was given by Dr Cassidy that the cause of death was pneumonia, which was brought about by complications arising from injuries received. The wife of deceased denied all knowledge of the occurrence; she missed herhusband that night, but saw nothing of the alleged quarrel, and when her husband returned to bed she did not ask him what was the matter.

A great many witnesses were called, the majority of whom repeated statements alleged to have been made to them by the deceased. The jury returned a verdict of manslaughter against Scanes, who was committed for trial to the court of Quarter Sessions to be held at Cooma on 15th May. Bail of self in £100 and two sureties of £50 each was granted; the sureties being forth coming defendant was liberated.

[Mrs Fisher, who came to Cooma with Scanes, (and afterwards visited Queanbeyan) has made a declaration in which, she admits that Scanes came to the house and assaulted Fisher in this she generally corroborates the other evidence]. ~ Queanbeyan Age, Wed 1 May 1901.

CHARGE OF MANSLAUGHTER.

William Scanes, on bail, was indicted on a charge of manslaughter, for having at Adaminaby on 20th April last, feloniously killed James Fisher. Accused pleaded not guilty and was defended by Mr H Dawson. Jury; John Owers, Lewis Shannon, John Baily, J Litchfield, J C Beasley, O C Litchfield, Phillip Kelly, L Solomon, H Bray, G Bailey, W D Ward, J H Montague.

The following evidence was adduced :— Hannah Hanson deposed that she was a widow residing at Adaminaby, she knew James Fisher who died on a Saturday three weeks ago, she only knew him since Good Friday, when she saw him and he seemed quite well. She also saw him on. Easter Monday with his wife going to the races, and he was well as far as witness could see. She saw him on the Tuesday, when he came for her to go and see his wife who was sick in bed. Fisher’s head was tied up and witness noticed his finger was bitten. She saw him again on Wednesday, when she went to mind his children, and noticed his head was all swollen and he was tied up across the forehead. Deceased did not go to bed on that day but on the Sunday. She saw him on Thursday 11th April in his bed. All day witness saw him in bed, and he seemed bad with his head all day. On the 12th April she saw him sick in bed, and was looking after him, nursing him and was with him til 12 o'clock. He died on Saturday the 20th April at 6a.m., and she attended him till 12 o'clock on the Friday night. He complained about his head, and witness thought that was the only thing the matter with him. Witness dressed his head with vinegar, and then the swelling went down, the head was dinged in appearance. This was all she saw, she use to remove the bandages. She saw William Fisher, deceased's brother, at the house on the Monday with the injured man.. It was on the Sunday deceased went to bed, and he died on the Saturday morning at six o'clock.

She saw William Fisher on 15 April at deceased's place. James Fisher made a statement to her, and told her that, he would never get off his bed any more, through the hit he got. This was on the Friday before. He told witness all the time he was sick that he would never get off his bed again. Deceased told witness that Scanea had hit him, and that would cause his death; nobody was present at the time.

Witness could not say where Fisher's wife was, she saw her on the Easter Tuesday sick in bed. Witness never saw her again until the day the man was to be buried. She came just as the funeral was commencing to leave; witness could not say where she had been.

By Mr Dawson: She went there on Wednesday to look after the children, and Fisher went to see Senior Constable Britton, who asked her to mind the children. Fisher was at the butter factory, working. On Thursday and Friday she could not say what he was doing. The doctor attended him and told her all the time the patient was going to die. He did not say that the loss of his wife would kill him. She knew Thorpe's shop, but could not say if Fisher was working there; she thought he was working at the factory atRosedale. William Edward Fisher, farmer at Bugtown near Adaminaby and brother of deceased, deposed that he saw deceased when he was getting ill, on 9th April at his house. Deceased had marks on his throat, near the left eye, across the chest, and the middle finger of left hand had been bitten. He saw deceased on 11th April when he did not seem well. He saw deceased in bed on 15th April. Mr. Hanson, Mrs Cook and Bob Blake were there and the deceased seemed very ill, he complained of pain across the forehead and chest. On the Tuesday, 16th, deceased said he thought he was worse and on the following day said he was hurt and did not think he would ever recover. Deceased said he had been fighting with William Scanes, who came to his home between 1 and 2 o'clock in the morning: he (deceased) was in bed and accused asked him to get up; he told to him to clear out and accused said if he did not get up he would bash the window open. Deceased then got up and went out, when the fight took place, and Scanes hit him over the left eye and he fell down and Scanes got hold of him by the left hand and bit his middle finger. Deceased said he struggled and got up, when Scanes got him by the throat, and tore his shirt nearly off him. Deceased said he got away from accused, and told him to wait there till he brought a man to see fair play, and on his return Scanes was gone; nobody was looking on.

His brother (deceased) was in possession of his senses when he made the statements; on the Monday prior to the occurrence deceased seemed in good health; his health had been good for 6 or 7 years. About 8 years ago deceased fell off his horse and was badly hurt about the head, but got over it.

Deceased was about 5ft 5in, and about 9st 5lb in weight, and 34 years of age. On 17 April deceased attributed his illness to a knock, and he died on 20th April at 6am. By the judge: From the time he made the statement on the Wednesday till the time he died he seemed to be sometimes improving and sometimes getting worse.

By Mr Dawson: Deceased told him nearly every day about what had happened; sometimes he appeared slightly unconscious. Deceased seemed to be bitter against accused: and said his wife had gone away with accused. He saw his brother on the bed the morning of the Tuesday about 9 or 10 o’çlock. Mrs Fisher was there and seemed ill. On the next day deceased did very little work; he was a blacksmith. On the occasion of the previous accident deceased was 21 days unconscious without speaking. Deceased was much attached to his wife and expressed grief at her loss; he used to talk about her frequently. Did not witness anything about falling against a fence. the Crown Prosecutor: Believed he did a little light work on the Thursday driving a vehicle to bring some things from Eucumbene. Deceased had a forge near Queanbeyan and 18 months ago and came to Adaminaby to work for accused. Deceased had been workingat a creamery some time; he was not doing hard blacksmithing.

Mr Dawson: On the 10th deceased was in Letté's kitchen, but witness did not know whether the girls were talking to him about his wife.

Andrew Green, labourer, living at Greenwood, deposed that he was crossing the flat near Fisher's house, about 200 yards away, at about one o'clock on Easter Tuesday morning. He heard a row, and heard Fisher call out and say “you dog, you nearly bit my finger off.” He heard the other man speak but could not tell who it was. He knew the voice and had known deceased for 17 years. He heard deceased say “I'll give you something, coming to my place at night”. The conversation stopped and he heard no more noise and did not go up to the spot.

Alice Fisher, widow of James Fisher, deposed that on the night of 8th April she was in bed with her husband. About one o 'clock she heard her husband ask "who's there?" and "What do you want?" The voice said it was William Scanes, and added "I am cold". Her husband got up and Scanes said "Never mind, I am going away." She said "Wait a bit I will let you in, come round the back." Her husband got up and went out on the verandah and jumped down and went out into the street where Scanes was.

Scanes said "We don't want to fight Jim, what do we want to fight for?" She heard accused then say "you hit me cowardly" and her husband ran away towards Cook's fence. Scanes went after him to the fence a few yards away. She saw her husband getting through the fence; Scanes caught him. Scanes told her deceased put his finger in his mouth and he could not be off biting it.

She saw all the fight, her husband hit Scanes, did not see the latter hit her husband. Her husband said he got the mark on his eye by running up against the fence. Scanes did not do anything to him after he caught him at the fence. She was very friendly with Scanes. Her husband came back to the house directly afterwards. She saw Scanes on the Tuesday night at her house, he was often there; her husband did not object to his going there, he like it. On that night Scanes said he did not remember having the fight; her husband mentioned it. That was all that passed. Her husband said Scans had bitten his finger and Scanes said he could not be off biting it when he shoved it into his mouth. Nothing more was said about the fight, Scanes stayed about an hour afterwards; her husband was there. When her husband died she was staying with her brother at Queanbeyan. She left her husband the night of the disturbance, she walked about 2 miles along the road, and then met Scanes coming along, and she went with him. Her husband did not want her to go.

By Mr Dawson: Her husband and Scanes were on the best of terms. It was a moon light night and she said her husband hit Scanes, the latter having his hand in his pockets. Scanes then said "You hit me cowardly" she did not see her husband hit the post at Cook's fence; he told her he had done so. Some 8 years ago deceased had an accident. During the evidence of this witness his honour ordered the removal of three women who were laughing in the gallery of the court.

George William Venables, labourer, of Glenwood, Adaminaby, deposed that on Easter Monday night he was at a dance and left about 11 o'clock. He went to Rossitier's store, and also went to get his horse, and was away about 2 hours after it. He saw Green, and was in company with him all night, sitting at a fire. At one o'clock while after his horse on the plain he heard a row and a man call out "You dog you bit my finger" He knew it was Fisher's voice. He could not see who were there. He did not want to go and see the fight; he was about 200 or 300 yards away at the time.

Senior Constable Britton, of Adaminaby, deposed that he saw deceased at the races on Easter Monday afternoon, and did not notice any bruises about him. Deceased called at the station about 9:30 on the Wednesday (10th April) morning; deceased appeared to be in trouble and had a scratch on the chin, as if done with a sharp stick. On 20th April he saw the body of deceased and there was a bruise on the forehead.

By Mr Dawson: The scratch on the chin could be caused by falling against wire netting. Dr Andrew Sarsfield Cassidy, of Adaminaby deposed that on 9th April deceased called at his place to see his wife who was ill; he went there and found his wife in bed. Deceased seemed very worried about his wife and witness prescribed for her and told him she was not seriously ill. On the next morning deceased said his wife had cleared out. On the Easter Tuesday deceased had a continued wound over the forehead and a scratch on the left shoulder and the second finger of the left hand bitten to the bone. The wound was 3½ inches long on the shoulder, and deceased complained of being badly knocked about. The wound on the eye could have been caused by a blow with something soft, not sharp. It could not have been done by wire. There was no cutting and it could have been caused by falling against a fence. He saw deceased on the Saturday afternoon 14inst in bed with high temperature and pain in the head. Saw him twice daily tillhe died and I treated him for concussion. Deceased complained of great pain in the head on the 15th, and witness then thought it was serious. Deceased complained of weakness and sickness and said he thought he would not get well. Witness knew on the Wednesday there was no hope for the patient and recommended that his depositions be taken. The injuries would account for his condition on the Sunday. The effects of concussion sometimes appeared days and sometimes weeks after the injury was received. He madea post mortem examination and found that deceased was a slightly built man, thin, under medium height, and all the organs of the body were healthy. There was a clot on the brain, and a fracture of the frontal bone, 2¼ inches long, and it corresponded with the bruise. He attributed the cause of death to the fractured skull. Mr Dawson: There was no wire netting fence around Fisher's. Cook's was he believed, a post and rail fence. A man hitting a round post with his hat on may cause the injury. There was evidence of some previous injury to the skull, but it did not seem to lead to death. The light attack of pneumonia and a trouble mind might conduce to death, but not so rapidly. He thought the direct violence caused the death more than trouble. He told deceased's brother to have the dying depositions taken attack of pneumonia and a troubled mind might conduce to death, but not so rapidly. He thought the direct violence caused the death more than trouble. He told deceased brother to have the dying depositions taken as the injured man was going to die. This closed the case for the Crown.

William Scanes, the accused, deposed that he was a blacksmith, and on Easter Monday night he went to the residence of Fisher, whom he had known for about 12 months; Fisher worked about 8 months for accused and they were on friendly terms. He had been drinking and woke up out of a drunken sleep and found himself alongside Fisher's place. He used to often have tea with him. He called out "Are you awake Jim?" and Fisher said "Who's that?" Accused replied "William Scanes" Fisher said "Clear out, if you don't I will shift you." Accused replied "All right, I am going away," when Mrs Fisher sang out that she would get up and open the door and let accused in the back way. The deceased then came out and jumped off the verandah and got on the street and said “Now then my -- shaver you are the man I have been looking for." Accused said "We don't want to fight Jim; what do we want to fight for?" Fisher struck accused on the forehead and ran away to Cook's wire fence, got tangled up and bumped his head against the fence and fell into the (accused's) arms and put his finger into accused's mouth and he bit it. He would swear he did not hit the accused that night or hit at him. He had lent him money several times. He was very friendly and called the same night at Fisher's house.

By the Crown Prosecutor: He had been used to call at one o'clock, and after coming from Cooma called there once at 4 o'clock in the morning. He lived close to Fisher's but the latter had shifted his residence. He (accused) and his wife had had trouble andwere not living together; he was staying at Lette's Hotel at the time. That was about 200 yards from Fisher’s. He was out of friends with his wife, and was on friendly terms with Mrs Fisher. He went for a drink of tea there and when her husband went to get up he said he was going away and deceased's wife told him to come in. He and Mrs Fisher got to Cooma about 10 o'clock the next morning, they did not sleep anywhere, but he did not drive his horses quickly, he took them along easily. He stayed in Cooma 4 days and went to Bombala afterwards. He stayed at Jack Butler's and Mrs Fisher was at the Royal Hotel. He was with her one night; and left her about 9 o 'clock; they went to Coffeys Hotel and back. He was the cause of her leaving her husband. Deceased never complained to accused about the intimacy. Mrs Fisher left her husband to go with him (accused). He had not been on friendly terms with his own wife for 6 months and they separated a little over 2 months ago. During that time he had been carrying on with Mrs Fisher. He could have killed Fisher if he had tried. Fisher tried to tear his mouth, at Cook's fence, when he bit him he was not angry with Fisher. He knew Fisher had cause to be angry. The fence was a wire one, with netting to keep hares out. He ran after Fisher because deceased hit him cowardly, he (accused) did not hit deceased because, he supposed, he was too slow. He intended to hit deceased if he caught him. Deceased hit witness on forehead while he (accused) had his hands in his pockets. Deceased bumped up against the fence and fell back on the accused, when his finger went into accused's mouth. Deceased was getting between two wires and hit his head on a round, smooth post; it was a light night. He was ten yards behind when deceased was atthe fence. The wire netting was about 2ft 6in high, and was broken in two places; the post made the bruise. Mr Dawson addressed the jury, dwelling upon the evidence of the wife of Fisher and the accused, which he contended, pointed to the injuries havingbeen received by accident.

His Honor then summed up and in his opening remarks referred to the conduct of the three women who had turned out at the court for unseemly conduct. It seemed outrageous, his Honor said, that any person should have thought it a matter for laughter. Many persons had many tastes, but he regretted that some persons should have made the hearing of a serious charge the occasion for laughter. The jury had nothing whatever to do with the conduct of any persons in court who had so misbehaved themselves.

If they were satisfied that a blow was struck by accused without legal justification, and had brought about the death of Fisher their duty was to acquit. The cause of death, according to the doctor, was a clot of blood on the brain and it was a question for the jury to consider as to how the injury was caused to Fisher’s head. Although they had not the advantage of Fisher's evidence taken before a magistrate, they had his statements to Mrs Hanson and to his brother. If they were satisfied that Fisher and his brother had spoken the truth, that would assist them in arriving at a conclusion in the matter. There was no doubt the woman had been the cause of the disturbance; but he would not say she was the only cause. The evidence went to show that two households had been wrecked, the prisoner and his wife had been parted, and Fisher and his wife had been parted from what had taken place between the latter and the prisoner. In viewing the evidence of Mrs Fisher the jury could not leave out of their consideration that she and the prisoner were in the same boat: when they had had evidence that on the very night after the injury was inflicted on her husband she went off, abandoning her husband and children, and proceeded on a journey with the prisoner. In considering her evidence it would not be fair to the other witnesses in the case, where their evidence was brought into contradiction, to give a greater weight to her evidence unless they had very good cause. She said there came a knock at the door and her husband said "Who is there?" The reply was Bill Scanes; I am cold." The husband said "Get off out of this." and she offered to let Scanes in, and the latter said "Never mind, I am going." That was evidently too much for the husband to stand, and they could believe that led to the language used that had been heard two or three hundred yards away. Seeing how they conducted themselves after the unfortunate occurrence they would come to the conclusion that it was only natural the woman should shield her paramour rather than justice should be done. The accused gave evidence that after the occurrence he ran away with the man's wife. The accused's advocate had argued that Fisher was enraged and did not know what he was doing. The prisoner told them he did not strike the deceased, he only ran after him, after being hit in a cowardly manner, and that deceased butted his head against a post. If the jury thought the injury was caused by Scanes' fist it would be their duty to acquit.

The jury after a deliberation of about three quarters of an hour, returned a verdict of guilty.

In reply to the judge the police stated that nothing was known against the prisoner. A petition from Bombala and some letters, as to character were put in.

His Honor said the jury had found the prisoner guilty of a crime which was second only to murder. By giving way to his passions prisoner had wrecked two families, and made seven children practically orphans; three of deceased's and four of his own. His Honor would take into consideration that the prisoner had previously borne a good character. In the case of the first offence he did not pass sentences of penal servitude, but he would impose the highest term of imprisonment which the law allowed for the offence, and that would be three years in Goulburn Gaol with hard labour. His Honor said he had selected that goal because special arrangements were made for the treatment of first offenders.

This closed the list of the criminal cases and the court adjourned sine die. ~ The Manaro Mercury, and Cooma and Bombala Advertiser, Fri 17 May 1901.

Sources

• Birth: "Births, Deaths and Marriages search,” NSW Registry of Births, Deaths and Marriages (https://familyhistory.bdm.nsw.gov.au/ : accessed 24 November 2023), birth entry for James H Fisher, registration number 18133/1867, father Edward, mother Matilda, district Yass.
• Marriage: "Births, Deaths and Marriages search,” NSW Registry of Births, Deaths and Marriages (https://familyhistory.bdm.nsw.gov.au/ : accessed 24 November 2023), marriage entry for James H Fisher and Alice Oldfield, registration number 6909/1894, district Tumut, marriage date 15 June 1894.
• Death: "Births, Deaths and Marriages search,” NSW Registry of Births, Deaths and Marriages (https://familyhistory.bdm.nsw.gov.au/ : accessed 24 November 2023), death entry for James H Fisher, registration number 4321/1901, father Edward, mother Matilda, district Adaminaby.