Lieut. James Hart IV

• Death Notice: https://www.familysearch.org/ark:/61903/1:1:6ZL2-6RB1

James was appointed Mayor of Queenstown.
James was jailed for stabbing his second wife's lover to death.
RECORD OF PROCEEDINGS OF CRIMINAL CASE CIRCUIT COURT OF ALBANY. THE QUEEN VERSUS JAMES HART, MURDER. STARTING 1845 ENDING 1845.
In the Supreme Court of the Colony of the Cape of Good Hope filed on Friday the seventh day of march 1845.
The Queen on the prosecution of Her Majesty's Attorney General James HART was charged with the Crime of Murder.
Upon reading the Affidavit of Daniel Jacob Cloete, Esquire, Clerk of the Peace for Cape Town and Cape District it is Ordered that the above named Criminal Action or Suit e removed from this Court for trial at the next ensuing Circuit Cout to be holden in and for the Division of Albany.
By the Court J.H. BOWLES, Registrar of the Supreme Court.
15.
Filed of Records in the Supreme Court of the Colobny of the Cape of Good Hope the fourth day of March 1845.
J.H. Bowles Reg. of the Supreme Court.
William PORTER, Esquire, Attorney-General of Our Sovereign Lady the Queen within the Colony of the Cape of Good Hope, who prosecutes for and on behalf of her Majesty, presents and gives the Court to be informed:
That James HART, now or lately an Agriculturist, and now or lately residing at Roode Wal on the Great Fish River in the division of Somerset is guilty of the crime of Murder - In that upon the eighteenth day of September in the Year of Our Lord One Thousand Eight Hundred and Forty-four and at Roode Wal aforesaid, the said James HART did wrongfully, unlawfully and maliciously assaul Cornelis van Rooyen in his lifetime an Agriculturist and residing at Vet Kuil in the Division aforesaid, and did then and there, with a knife, wrongfully, unlawfully and maliciously strike and stab the said Cornelis van Rooyen, by such striking and stabbing, one mortal wound, of which mortal wound, so inflicted as aforesaid the said Cornelis van Rooyen then and there died and thus the said James HART did wrongfully, unlawfully and maliciously kill and murder the said Cornelis van Rooyen.
Wherefore upon due proof and conviction thereofe the said Attorney-General prays the Judgment of the Court against the said James Hart, according to Law.
H. Porter,
Attorney General.
Circuit Court, Graham's Town 15th April 1845.
It is ordered that this case be removed in the Supreme Court and is hereby removed accordingly,
G. Groman.
To the Supreme Court,
Colony of the Cape of Good Hope,
In Queen in the prosecution of Attorney General against James HART charged with the crime of Murder.
Daniel Jacob Cloete, Clerk of the peace for Cape Town, Cape District that the aforesaid James HART is charged with having on or about the Eighteenth day of September in the Year of our Lord One Thousand Eight Hundred and forty four committed the crime of Murde at Roodeval in the Great Fish River situate in the District of Somerset.
Attorney General has instituted for Criminal Actin against the said James Hart for the said crime and has filed the Honourble Council that it is more expedient and will be less expensive to the Government and be held in the Court of the Court of the District of Albany and not in the Supreme Council
before me David J. Cloete this fifth day of March 1845.J.H. BOWLES.
15.
Circuit Court, Graham's Town
15th April 1845
Before this Court
James HART - Murder being arraigned pleaded Not Guilty.
The Jury which found him Guilty of Culpable Homicide not Murder consisted of:
1. John Talbot
2. Thomas Berry
3. William Bartlet
4. Robert Blackbeard
5. Joseph Wilmot
6. Joseph Bradfield
7. William Upton
8. George Belfelds
9. Richard Bradfield.
The Circuit Court decided to refer the case to the Supreme Court.
VERDICT: NOT GUILTY OF MURDER but GUILTY OF CUPABLE HOMICIDE.
Judgement of the Court:
To be imprisoned in the gaol of Graham's Town or such other place as the Governor shall appoint for ten years with hard labour.
G. Cromer, Registrar of Court.
As it turned out he didn't serve the 10 years in gaol. For some reason he was sent to Robben Island (then a leper colony and insane asylum) and appears to have been released after about 4 years.
His 2nd wife Martha Louisa KLOPPER gave birth to Richard Tamplin (Dickie) HART on the 15th Novbember 1850 so he must have been out of gaol at least 9 months before that date.
Transcribed by Tombi Peck.