13a[Coroner's Inquest (Thomas Darlington), Whim Creek, December 1911. State Records Office of Western Australia, Consignment 3631, Bundle 12: "Case 1 Rex v Seleno", Testimony of George Westley Tozer]

...

mechanic lodging at the Federal Hotel

in the pub on the evening of the 23rd

knew Capelli as Cattellani

"I heard nothing myself but something that prisoners heard evidently upset them. The prisoners apparently resented the remarks."

claimed Capelli walked around with his right hand in his inside pocket. "Some one told him to take his hand out of his pocket."

Tozer says "I put my hand against his pocket to see if he had anything there. I cannot say if prisoner had anything in his pocket."

Tozer says Alex Kay, James Aylward and Tom Edwards were at the side bar.

Seleno got off table and then sat down, this being while Cappelli was walking up & down. Seleno was apparently calm. I left the side bar, walking into my room through the office & returned shortly afterwards from my room to side bar.

[What did he go to fetch?]

I walked from side bar through front bar on to front verandah. I saw deceased Thos Darlington in front bar when I walked through. I saw Seleno in the front bar when i was going on to front verandah. Did not notice Cappelli there. I met Edward Kay and Aylward on front verandah under [?head] light. I spoke to Kay and others. Kay decided to go in and advise Seleno to leave, this apparently through conversation on verandah. I heard Kay speak to Seleno advising him go home. Aylward was standing some short distance away. Seleno did not appear to have any intention of going. He turned his back to counter and rested elbows on counter. I was not taking much notice of them. While they were advising Seleno to go home I turned my back on them. When I turned round again I noticed a red mark on Seleno's left eye as if he had been hit. Did not notice any blood near his eye. I then walked from front verandah, through front bar, to side bar room. Shortly after this, I heard a noise in front bar as of a scuffle. I walked through to see what it was & saw proprietor Hill putting crowd out of bar to front verandah. Hill was successful in getting men on to verandah. Hill returned to bar & I walked to front door to see what was taking place. I saw two men scuffling together on front verandah. Did not see who they were. They were apparently in holds. I was about three feet from them. Light was poor on verandah and I could not see clearly through crowd. There were crowd on verandah. Could not see anyone interfere with the two men fighting. I did not see any blows struck by either of them. While I was standing in front door I saw a man, whom I took to be Cappelli, standing on the road and calling out Fire three times. I called out there is a man out on the road with a gun. Man on road was facing the crowd & apparently trying to bluff. I did not see if the man had a gun. He did not appear excited and his voice seemed calm. Man on road had light coat on & by this I took it to be Cappelli. I cannot say if Thos Darlington was on front verandah. I cannot say who the men were who were struggling. I then walked back to the side bar parlour. Within a few minutes I was returning to the front bar when I heard a man say "He has been stabbed." It was all confusion about that time. I saw Darlington brought into bar & laid upon floor with his feet near the door. Do not know who brought him in. His clothes were almost all spotted with blood but it mostly seemed to be near neck & chest. The greater part of blood was apparently coming from his throat. Some one, "Phillips", was despatched for both Doctor & police. Const Growden arrived within a minute or two of man being brought into bar. Const Growden immediately examined the injured man. Police enquired if Doctor had been sent for. I said Yes. Const Growden then took few notes and re-examined the body & said man was dead. I heard Police authorise someone to take Charge of the body & allow no-one to remove it until arrival of doctor. Shortly after this I saw Dr Shelmerdine arrive. He examined the body & pronounced life to be extinct. Body was then taken out of bar & placed in end room. I did not see either of the two prisoners from the time body was brought into bar until I saw them in custody at the Whim Creek police station on 28th inst. I remained at the hotel. After it became known the man was dead I heard talk of lynching. Dr Shelmerdine addressed crowd from Verandah with view of restraining men from committing act of violence toward Seleno & Cappelli. The prisoners were not drunk. Appeared to me to be fairly sober. Deceased was under the influence of liquor. I knew deceased to be a particularly good tempered man & not at all quarrelsome. Seleno appeared to be a quiet man but Cappelli was quarrelsome under the influence of drink & displayed more bravado. That the majority had never see Seleno in a quarrel previously. I heard no threats made toward prisoners by any one. There were no obstacles in way of either prisoners leaving hotel at any time. Back door was open. I did not hear any complaint made by Seleno to the licensee of hotel Thomas Hill as to his being afraid of the crowd. I was not aware of any personal grievance between either prisoner & anyone. There was a labor trouble a short time ago between the Whim Well Copper Mines and the employees. The majority of the men ceased work. I heard the two prisoners returned to work against the wishes of their fellow workmen. I have not seen the two prisoners' camp.

By Coroner. I noticed deceased was intoxicated about 9.30. He was obviously intoxicated & His state of intoxication might have been taken for jolity. Men were not more excited than any ordinary hotel fight. There were no threatening crys. Nothing of nature of threat was heard by me which should have caused prisoner commit act of violence. There were crys of Lynch Them some time after known man was dead. Quarter of hour or so after. Apparently greater number of crowd did not agree to this. Feeling was running very high.

[signed] GW Tozer

13b["A Fatal Quarrel", The Mercury (Hobart, Tas.), Thursday 28 December 1911, page 5]

A FATAL QUARREL.

MINER STABBED BY AN ITALIAN.

A THREAT OF LYNCHING.

Perth (W.A.), December 27.

A quarrel took place at Whim Creek, on the north-west coast, on Saturday night last, as the result of which Thomas Darlington was killed. Darlington and an Italian named Sileno were having a rough and tumble fight on the verandah of the Federal Hotel. The Italian was getting tho worst of the encounter, when a compatriot named Capelli handed him a knife. It is alleged that Sileno then stabbed Darlington, first in the thigh and then in the neck, cutting the jugular vein. Darlington died in a few minutes.

The two Italians were arrested. Darlington is said to have been the aggressor.

Owing to tho British section of tho miners at Whim Well talking of lynching the two Italians, extra police were telegraphed for to Roeburne at midnight.