Coo-ee: A bald-faced lie

However, in Wodonga’s Belvoir cemetery, there is a grave-marker that tells a bald-faced lie.

In February 1937, Percy Boyes left his home in Leneva for a stock sale in Wodonga, almost 10km away.

He was a farmer in a small way, but comfortably off. At the time, he was 34.

When he returned later in the day, his life had been turned upside down. His 39-year-old wife, Phoebe, and their two children were in hospital.

The daughters, Brenda, 9 and Daviena, 7, were in a critical condition. They had been poisoned with Lysol by Phoebe.

Phoebe had then gone on to poison herself with the same corrosive liquid. As is often the case with these sorts of cases, the poisoner does not take the same sized dose as she has given to her victims.

The two young children lingered in agony for nine days before both succumbed to the corrosive poison. Because she had not seriously poisoned herself, Phoebe made a quick recovery.

Mr Buntz, the acting coroner, later ascertained that Phoebe had appeared in normal health when her husband had left for the stock sale in the morning.

On February 12, 1937, Buntz committed Phoebe for trial on two charges of murder.

Percy supported his wife, but her legal counsel now faced a dilemma.

If she were to plead not guilty, there was a high likelihood that the jury would find her not guilty by virtue of insanity.

This meant that Phoebe would be confined in strict security in a mental institution for the rest of her life, or in the words of the applicable law, ‘until the Governor’s Pleasure be known’.

In 1937, before the age of psychiatric and anti-psychotic drugs, she would serve a life sentence in a mental institution with no chance of release.

A royal commission, later tasked with reviewing the law in this area, described such a sentence as the most feared sentence of all.

If she were to plead guilty, the expected sentence would be death by hanging.

By the time of the trial in May 1937, Phoebe appeared to have recovered.

Doctors who had examined and treated her were convinced that any confinement would make It likely that she would relapse into the state from which she had just emerged.

Percy said he was willing to see that his wife received all possible care and attention if released.

The Crown argued that there was a duty to the community.

The evidence showed that Phoebe’s mental condition was such as to leave it open to grave doubt whether she might commit a similar offence in the future, just as suddenly and unexpectedly.

Phoebe pleaded guilty and threw herself on the mercy of the court.

Mr Justice Lowe, a judge newly appointed to the Supreme Court of Victoria, made an unusual decision.

He sentenced her to enter an approved mental hospital and to report once a month to the Director of Mental Hygiene for six months.

If she did so, and she remained well for that period, he would not pass any other sentence on her.

No trigger for Phoebe’s psychotic episode was revealed in reports of the court proceedings.

However, in a biography of the judge, we learn the cause.

Percy had intended to leave his wife. Phoebe learned of his decision that morning.

Apparently, this case haunted the judge for all of his 37 years on the bench.

Phoebe’s actions that morning were to punish her husband for his decision. And so her actions may be viewed an example of domestic violence.

Afterwards, Percy and Phoebe reconciled. They had another child, Frances May.

Although Phoebe successfully completed her six months in a mental institution, neither this, nor another child, were enough to save her marriage.

Sometime after 1940, Percy moved in with Miriam Brewer, a divorcee. Although Percy and Miriam did not marry, Miriam changed her name to Boyes.

At the age of 79 in 1977, Phoebe died. She is buried in the lawn section of Wodonga’s Belvoir cemetery.

Her grave marker reads – ‘Phoebe Harriet Belle Boyes, A devoted wife, mother and grandmother’. This was a lie. She deliberately killed two of her children.

– John Barry