1. Cold-blooded murder
2. Body found buried under the fireplace
3. A man of many disguises
4. Deeming chooses his next victim
5. Capture at Southern Cross
6. Journey back to Melbourne
7. Was Deeming Jack the Ripper?
8. Detecting the signs of insanity
9. Preparing Deeming's defence
10. Crime of the Century?

9. Preparing Deeming's defence

The justice system referred to Deeming officially as Albert Williams alias Deeming, but he insisted on using his Baron Swanston alias after his arrest. His page in the Central Register of Male Prisoners records his name as Albert Williams (the name given in his arrest warrant) and lists Frederick Bailey Deeming as an alias. Even Marshall Lyle who acted as Deeming's solicitor was not consistent with the name he used for Deeming.

The defence did not proceed well. Lyle had only eleven days in which to prepare for the trial, which was further reduced by the Easter holidays. In a letter addressed to the Crown Solicitor, Lyle complained about how difficult it was to make a case for the defence in the small amount of time allowed before the trial:

As Deeming's only hope for acquittal rested on whether his claims to being insane could be proven, Lyle needed time to gather evidence from England, Africa and South America. However, his plea for an extension of time was refused. The trial began as scheduled on 28 April 1892.

The newspapers had almost daily reports of the investigation into the Windsor Murder and interest in the case grew again when Deeming was brought to trial.

Deeming was represented in court by William Forlonge and Alfred Deakin. Following the federation of the Australian colonies in 1901, Deakin became Australia's second Prime Minister in 1903-1904, and served two further terms in 1905-1908 and 1909-1910.

The vast quantity of evidence against Deeming practically precluded a verdict of 'not guilty'. His defence rested solely on the question of sanity: was he responsible for his actions? You can read the trial transcript yourself to weigh the evidence presented and form your own view.

Mr Forlonge, for the defence, cross-examined Kate Rounsefell:

On 2 May the jury rejected his plea of insanity, and Deeming was condemned to death. Lyle continued to make eloquent and impassioned pleas for justice up until the execution. He wrote to the Governor and the Privy Council pleading for mercy, based on his belief in Deeming's insanity and referring in part to the issue of heredity in diseases of the brain. The trial judge, Mr Justice Hodges, directed the jury of 12 men to consider whether they would have accepted Deeming's insanity if a family history of insanity had been proven. Their answer was 'no'.

Baron Swanston's petition to the Governor 6 May 1892
PROV, VPRS 264/P0 Capital Sentence Files, unit 21, Albert Williams [alias Deeming]
+ click to read transcript and view image

A letter was received from a fellow-passenger on the Kaiser Wilhelm II, Kate Jensen, writing from her home in Brisbane. She claimed that it was obvious to her from her observations of Deeming during the voyage that he was insane. She requested the Crown Solicitor and Marshall Lyle to present her letter to the Executive Council. Even Deeming himself, writing as Baron Swanston, pleaded with the Governor to have his sentence commuted. The pleas were denied, and Deeming was executed on 23 May 1892.

Letter from Kate Jensen, 4 May 1892
PROV, VPRS 264/P0 Capital Sentence Files, unit 21, Albert Williams [alias Deeming]
+ click to read transcript and view image

Less than three months after the discovery of his wife's body, Deeming was hanged at the Melbourne Gaol. Deeming's hanging occurred during the second of two peak periods for executions in Victoria. The first coincided with the gold rush, and the second was during the 1890s depression.

Further illustrations

 

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