by Peter Corris
Similarly, it could have been argued that syphilis can have the same effect. These points may have led to a defence on the grounds of diminished responsibility and have led, if not to an acquittal, to a less severe sentence. But this defence was not available in 1932.
The hessian mask provided grounds for a damaging accusation of premeditation, and Moxley's actions after the events of 5 April cast serious doubt on the insanity defence. As Dr Alfred Campbell put it in an affidavit called for when the Executive Council was deliberating on whether to carry out the sentence on Moxley:
I was present at the trial of Moxley, and taking into account the evidence of his movements on the night of the murder, I think that they were inconsistent with automatism arising out of disease – they were too deliberate and prolonged.
THE CARPENTER
OF MALABAR
Solyd (n): a system manual
training originating in Sweden, based
upon the use of hand tools in
woodcarving and joining
Under guard, Moxley is in the prison workshop. A number of prisoners are working at the benches at different projects – building tables, carving ornaments, painting items they have made. Moxley is constructing a large drawing-room cabinet. It stands almost 6 feet high, has two doors and an ornamental headpiece. Moxley is carving two intricate decorations to be glued to the doors. He uses a plane and a knife to shape the wood. Henry Lester, an under-sheriff whose job it is to keep an eye on Moxley, watches him until Moxley becomes aware of being watched. He puts down his tools and turns.
‘Any word on when they'll hear my appeal?’
Lester shakes his head. ‘That's a nice piece of work. Where'd you learn to do that?’
Moxley picks up his tools and turns back to the job. ‘At school. They called it sloyd. Dunno what it means but I liked it better than most of the other stuff.’
‘Should've stuck at it. Good trade, carpentry.’
‘No, you had to do an apprenticeship and we were always on the move when I was a nipper. Dodgin’ landlords mostly.’
‘What're you going to do with it? I mean…’
‘I know what you mean. No need to pussyfoot. If they stretch me I think I'll give it to Mr MacKay. He's been good to me. Got to get it finished first. Fair bit of work to do and I dunno how much time I've got left.’
Lester nods and walks to where a prison guard is checking on the tools left behind at a bench.
‘He's still waiting for word on the appeal?’ the guard asks.
‘That's right.’
‘He hasn't got a hope.’
‘They haven't hung anyone for eight years.
Hasn't happened in my time here and I hope it doesn‘t.’
‘That was Labor mostly. This mob's different. Tougher all round. After what he did, I reckon even Jack Lang'd hang him.’
‘There's a lot of people against it.’
The guard completes his count and locks the tool chest. ‘Do-gooders.’
‘He's wondering if he's got time to finish the job. If his appeal's upheld, he'd at least get another trial.’
‘Not a chance. I reckon he'd better hurry up.’ The guard looks at the clock on the wall. ‘Has to go back in his cell now anyway.’
‘Wonder what he does hour after hour?’
‘They reckon he reads the Bible and sleeps.’
Lester grins. ‘That'd be right – the bloody Bible always put me to sleep.’
In his cell, Moxley reads the Bible for an hour before preparing for sleep. He flicks through it at random, reading short passages. His lips move as he reads and he traces the words with a heavily nicotine-stained index finger. He closes the book, rolls a cigarette, lights it and sits on his bunk. He drops the ash into the palm of his left hand and when he finishes he lets the ash and the butt fall into the lavatory bowl. He urinates and goes down on his knees beside the bunk. He tries to pray but he can't find the words. He begins to tremble and a throbbing pain sets up in his head. He hits the side of his head with the heels of his hand but the pain persists.
The cell door has a barred grill about 1 foot square set at eye-level. The bars are set widely enough apart for him to get his fist through. He knocks on the outside of the door.
‘Guard!’
He knocks and calls out again and a guard comes to the door.
‘What?’
‘I've got a terrible pain in my head. I need a couple of powders.’
‘You've had a few already tonight.’
‘I need some more. Be a pal.’
‘All right, but you'll have nightmares with that much stuff inside you.’
Moxley wants to shout abuse, to tell the guard he's got no idea what he's going through, but he doesn't. The guard doesn't have to help him if he chooses not to. He returns and passes two paper-wrapped analgesic powders through the bars.
DETAIL OF GRILL TO CONDEMNED CELL, EXECUTION AREA, LONG BAY GAOL, 1905
Two, Moxley thinks. I could do with a few more.Suppose they think I might kill myself Funny thing, that, I've never thought of it.
Moxley gets into bed and waits for the analgesic to take effect. He thinks about his appeal. The two lawyers have retired and he'll have to defend himself. He's nervous about it. He thinks about the trip he was taken on to the Coast Hospital for an X-ray and wonders if it was the last time he'll ever see the sea. He thinks he should have made straight for the docks, got a job on a ship and sailed far away from all this trouble.
Sleep won't come. He thinks about the interviews he had with the head doctors. One of the prisoners advised him to act as mad as he could, shout and carry on a treat. But he couldn't do it. Didn't seem right and probably wouldn't have fooled them anyway. They'd know all about that sort of thing, wouldn't they? He'd asked the lawyers why they didn't get all the doctors to give evidence but all they'd said was that it wouldn't help. And now they'd given up on him, probably because they wouldn't get paid. Everyone's given up on me.
He sleeps and dreams that he's in the bush. A dead tree falls and he examines it after trimming off the branches. It has a good straight grain and he knows he can split it and make it easier to saw and chop into length. He drives his axe into the wood about halfway along the length of the trunk and achieves a satisfying gash. He taps a wedge into the spot with the back of the axe and takes up the sledgehammer. He brings it down hard on the wedge and the wood splits with a loud crack. He feels a stinging pain in his right ear and sees Ernie Devine standing close by with a pistol in his hand. He grabs his shotgun and fires twice but Devine's image floats away. He feels blood gushing from his head and his scream wakes him up.
He lies, sweating and trembling, with his head throbbing as badly as it ever has. A dark despair envelops him. He knows he'll lose the appeal. He knows that they're just going through the motions. He'll never see the sea again…
In the workshop he stirs the glue pot carefully and then applies the glue to the back of the carved ornament. He coats it carefully, places it firmly on the surface with his left hand and wipes around it with a rag, making sure none of the glue leaks onto the highly polished surface. When he's satisfied he takes his hand away and surveys the result. The ornament is precisely where he wants it to be.
Lester approaches. ‘Finished?’
‘No. Got to finish the thingummy for the other door and stick it on.’
‘Well, you've got time. The appeal's scheduled for the day after tomorrow.’
Moxley nods. ‘That'll do.’
‘Are you ready?’
‘Yeah. I'll be glad when it's all over.’
‘What d'you mean?’
‘Not knowing's the worst part of it. I can't stand much more of it. It'd be better to know, even if it's the bloody rope.’
‘You mean that?’
‘Bloody oath I do. Come Thursday I'll know and that'll be better.’
Henry Lester went home two days later and sat gloomily at the table while his wife served up the evening meal.
�
��What's the matter?’
‘Moxley.’
‘I'll be glad when that's all over. You've been impossible to live with since it started. What now?’
‘He says not knowing is the worst part.’
‘Well, the appeal was today so he must know.’
Lester shook his head. ‘No. The poor bugger got an adjournment.’
THE WAITING
…if you would care to come
and see me I would like to see you
as we were not enemies for the
last two year…
MOXlEY TO MACKAY, 12 AUGUST 1932
After a reportedly long discussion, the State Cabinet, meeting on 3 August, decided unanimously that the sentence of death on William Cyril Moxley be carried out. The Executive Council, meeting later, fixed the date for 17 August. A newspaper report stated that ‘In arriving at the decision the ministers would not be influenced by the fact that Moxley had asked that the death sentence be carried out.’ No confirmation of this request has been found. Certain aspects of Moxley's behaviour suggest that he had resigned himself to his fate.
Sixteen men had been executed in New South Wales in the 20th century to 1932. There had been many commutations and, generally speaking, the death sentence was carried out on those found guilty of murdering women, children or policemen. There had been no executions since 1924, when William George Campbell was hanged for killing a policeman and a civilian. A majority of the Australian population was firmly in support of capital punishment. A public opinion poll carried out in 1941 showed support at 57 per cent, with 33 per cent opposed and 15 per cent undecided.
The Lang Labor government, which had been in power for most of the period 1924 to 1932, had routinely commuted death sentences. Labor was replaced in May 1932 by a conservative United Australia Party administration headed by Bertram Sydney Barnsdale Stevens. Coming to power on a policy of law and order, concerned about the volatility of the masses of unemployed and aware of public feeling against Moxley, Stevens and his colleagues were unlikely to waive the death sentence. Stevens was a hardline Methodist, a teetotaller and non-smoker, unsympathetic to weakness in others. He was also, at least at first, anxious to mark his government off from that of Lang.
Although the public had been inflamed by ‘Mad Dog Moxley’ headlines and had demonstrated their hostility at Moxley's hearings, there were still those who opposed capital punishment. The Howard League for Penal Reform, named after an 18th-century English campaigner for the humane treatment and rehabilitation of offenders, had active branches in Australia from the mid-19th century. The league opposed the death penalty as an article of faith and consistently campaigned against it. The Sydney branch petitioned the premier to reprieve Moxley. Stevens said that the Cabinet decision had been unanimous but that he subsequently approached the ministers, ‘none of whom saw any reason to alter the original decision’.
While awaiting trial and the results of the appeal, Moxley was allowed materials and tools. At one time he had given his occupation as carpenter and he evidently had some skills in this field. The large and elaborate cabinet he constructed in the prison workshop he gave to William MacKay. MacKay later became Commissioner of Police and the cabinet stood in the office of the person holding that post for many years.
The unusual relationship between Moxley and MacKay is underlined by a letter the condemned man wrote to the police officer on 12 August:
* * *
Dear Mr McKay
Just a line to say that if you would care to come and see me I would like to see you as we were not enemies for the last two years you did me a good turn or to and I will always remember your kind actions if you care to come and see me before the last well it is OK with me if you cannot well I know it is for some other reason but you have my wish and will be pleased to see me if you come hoping you are well.
Yours sincerely W Moxley
* * *
The sheriff, whose duty it was to advise Moxley of the date of his execution, wrote to the Comptroller-General of Prisons requesting that ‘every facility’ be given to MacKay for his visit. It is not known how long the visit lasted or what the men talked about.
Moxley also received visits from Linda Fletcher and his young son, Douglas. No physical contact was permitted on these visits. A gaol official recorded that Moxley, after drawing a deep breath, received his son's visit with stoic calm.
The impending execution continued to receive attention in the press and to arouse public concern. The Comptroller-General of Prisons received a letter from a woman whose religious conviction had been touched by Moxley's plight.
THE SHERIFF’ LETTERS REGARDING VISITORS TO MOXLEY IN LONG BAY 12 AUGUST 1932
LETTERS FROM TWO CONCERNED CITIZENS, I.UGUST 1932
* * *
‘Bethel’ Rest Home
96 Holden St
Ashfield
12.8.32
Mr Hinchie
Controller General of Prisons
Sydney
Dear Sir
Ever since the arrest of Cyril Moxley I've been burdened in prayer for this most precious soul.
I had intended writing to you to ask for a personal interview, but learned from my friend and co-worker (Mrs Bull) that an interview had been refused.
Will you grant me this favour and have the enclosed letter forwarded to the condemned man.
If you want to know anything about me I was at one time Matron of the Sydney Night Refuge for Women, connected with Mrs George Ardill's mission work and during that time I had free access to the city courts, and also Long Bay Prison.
I can only pray that God may be pleased to honour this frail effort to reach this poor man, e'r’e it is too late.
Thanking you in anticipation.
Yrs in the Masters Service
Ann Scurr
* * *
Ann Scurr's letter to Moxley was enclosed together with a card that read: Bear ye one another's burdens and fulfil the love of Christ(Gal. 6:2).
* * *
‘Bethel’ Rest Home
(late ‘The Cedars’)
96 Holden Street, Ashfield
Telephone: UA1210 12.8.32
Mr Cyril Moxley
Dear Friend
Ever since your name has been before the public, I've been burdened in prayer for you.
I do not remember ever having seen you on any previous occasion, but this is the priviledge [sic] God gives us all unworthy as we are, of his least favour. Yet He allows us to hear people up before his throne of Grace.
Have you sought that throne of Grace. Oh Christ is such a tender loving Saviour, that willeth not the Death of any sinner, but longs that they would look unto Him and live.
Did he not say I if I be lifted up will draw all men unto me.
Will you not forget the world that condemns you, and the Sin that caused such ruin in your life and look unto Him and be Saved who said Come unto me and all ye that labour and are heavy laden. Leaning on that promise will you not go to Him, and cast yourself upon His overwhelming love and mercy and claim the pardon who said Tho all your Sins be as Scarlet they will be a white as wool, Though they be red like Crimson they shall be as white as snow.*
Oh hear the Christ who died to redeem you, to reveal Himself to you today that will fall at his feet, and claim the pardon so freely He offers you.
I will continue to pray that you will one day meet me in the glory not by works of rightousness which we have done, but by His Sovereign Grace He saves me (could be ‘us’).
Yrs thro that Sovereign Grace Ann Scurr
* * *
Religious tracts with an emphasis on redemption and the forgiveness of sins were delivered to the gaol and presumably passed on to Moxley.
The sheriff received an anonymous letter from a writer more concerned with the manner of Moxley's death than his soul:
* * *
Sydney
Aug. 5th 1932
The Sheriff
Dear Sir
I am w
riting to ask you if you will kindly consider the use of lethal gas, instead of hanging, for the death of Mr Moxley. It is used in America and is much more humane. Some doctors in America state that after observation they came to the conclusion although the neck is broken by hanging, the person does not die until a short time after, and the spasmodic contortions & contractions of the muscles so nauseating to those assisting. Some of these have fainted, and also through nervousness, the operator has several times bungled his part, with disastrous results. Lethal gas prevents all this. It is very swiftly administered with a face mask in some cases attached to the gas bag or cylinder. The prisoner passes quietly into a painless sleep, sometimes saying his prayers. The RSPCA uses it for disposing of pets, stray animals, cats, dogs etc. and in this scientific and enlightened era we should be at least as considerate to human beings.
Yours truly
Student (Golden Rule)
* * *
Not all authorities agreed at the time that gas was a more humane method of execution and its use was never considered in Australia.
With the failure of the appeal and refusal of pleas for clemency, the time for visits and letters and tracts was over and the final procedure began. Moxley was taken to the observation section of Long Bay Gaol, a well-lit area where he could be kept constantly under guard. He would remain there until conducted to the condemned cell about one hour before the time appointed for the execution: 18 August (why an extra day was added is not clear) at 8.30 am.
