PASSERSBY were awestruck by the unforgettable picture of a young man sitting in his car in front of the Casualty Department of the Kingston Public Hospital (KPH) clutching the body of his wife whom he had just shot.

Police, summoned to the KPH in the early morning of January 26, 1959, saw an apparently inconsolable Allan Betty, 24, a draughtsman attached to the Kingston and St Andrew Corporation (KSAC) cradling the blood-soaked body of his 21-year-old wife, Louise.

A Home Circuit Court judge and jury later heard that Louise had been shot to death with her husband’s .22 calibre rifle. Allan Betty was charged with murdering his wife.

Police photographer, Detective Dillon Lobban, attached to Criminal Investigation Division (CID) Headquarters, testified that on arrival at the hospital, he saw the car with a woman inside who appeared to be dead. Although he did see someone else inside the car, Lobban said that he did not bother to find out who that other person was.

He took three photographs of the body of the deceased at the hospital and later that day visited 11 Deanery Avenue in Vineyard Town, Kingston where he took three photographs of the bedroom where it was alleged the offence had taken place.

The Crown, represented by the late Crown Counsel Kenneth George Smith (later one of the longest-serving chief justices in Jamaica) had alleged that Betty had pointed the rifle at his young wife and shot her on the morning of January 26, 1959, some time after he returned home around 3:00 am, having been out from about 8:00 pm the previous night.

Appearing for Betty were the late Vivian Blake, QC, and attorney Basil Rowe (also deceased), who were instructed by George Fatta, solicitor (now attorney).

Betty’s defence was that the shooting of his wife was an accident.

A very distressed-looking Ethlyn Shaw, housewife, who gave her address as 35 Queen’s Avenue, Richmond Park, testified that she was Louise Betty’s mother. With tear-filled eyes, Shaw told the Court that her daughter had become engaged to the accused in November 1956 and by September 1957, they were married. Her daughter, she said, had celebrated her 21st birthday a few days before she died.

During the time between engagement and marriage, Shaw told the Court, Betty would visit her home accompanied by one Seymour Duncan. The witness related that she visited her daughter’s home at 5 Gibbs Avenue following the marriage and saw Duncan lying in her daughter’s bed while Louise was in the drawing room; her fiance was not at home. She said she spoke to Duncan.

Shaw testified further that following a telephone call on the morning of the incident, she went to the Kingston Public Hospital where she saw Betty and her daughter in a car parked before the Casualty Department. She spoke to the accused but received no response. Later that day she went to the Kingston Public Mortuary and identified the body of her daughter to Dr Harrihar Pershadsingh.

Cross-examined by defence counsel Blake, Shaw said that when she had seen the accused and her daughter in the car, and that he had his arms around her.

Louise Betty’s sister — Merlene Heholt — told of going to the hospital on the morning of the incident and of seeing her sister and the accused sitting in the car. Her sister appeared dead. Heholt also said when she spoke to her brother-inlaw, he did not respond.

Joyce Hamilton of 11 Deanery Avenue testified that she had occupied four apartments in the same house in which the Bettys lived and went on to disclose that on the night of January 25, between 7:00 pm and 8:00 pm, she had seen Betty drive out in his car. She said she spoke to Louise for some time and retired to bed at about 11:00 pm.

Around 3:00 am, Hamilton told the court, she heard a shot. She awoke and ran across to the dining room door of the Bettys’ side of the house, which was open. She asked what had happened as she saw Betty bending over his wife who was bleeding. She heard him call out: “Come, Mrs Hamilton, I’ve shot Louise.” She said she ran back to her room and then came out onto the verandah just as Betty lifted his wife and put her into his car.

In response to Crown Counsel Smith, Hamilton told the Court that before she ran back to her room, she had said to Betty: “You are crazy.” The Bettys were then driven away by her nephew, Norman Simmonds.

Simmonds, a bank clerk, who said he resided with his aunt at Deanery Avenue, testified that he knew that Betty had a rifle and had seen it often. In the early morning of January 26, 1959, Simmonds testified, he was awakened by a commotion. He went to premises at 9 Deanery Avenue, then returned to 11 Deanery Avenue and saw Betty putting his wife in his car. Betty said to him: “Please Norman, get me to the hospital quickly.”

Simmonds said he drove the Bettys to St Joseph’s Hospital, but it was closed, so he drove them to KPH.

He said he went into the hospital and left Betty sitting in the car with Louise. Simmonds said he did not recall any conversation during the drive, and at the hospital he did not know whether Mrs Betty was alive or dead.

Barbara Espeut, housewife, of 35 Grange Crescent who said she was a friend of the Betty’s, gave evidence that she went to the home on the morning of January 26 after receiving a telephone call. Later, she went to KPH where she saw the Bettys in his car. She spoke to the accused who told her he came in around three o’clock, started out for the dining room when Louise woke up and asked what had happened. She said Betty further told her he had pointed the gun at his wife not knowing whether the safety catch was on and that he did not know how it (the shooting) happened.

Cross-examined by defence counsel Blake, Espeut ventured the opinion that the accused had looked bewildered. She, herself, she told the court, was shocked.

Clement Jones, detective A/C attached to the Vineyard Town Police Station gave evidence of arrest. He told the judge and jury about his visit to Deanery Avenue and that in the Bettys bedroom he saw blood on the bed and on the floor. A rifle, the one exhibited in court, was lying on the floor. It had four live cartridges and one spent cartridge.

Continuing, the officer said that he went to KPH and saw Betty and the deceased in the car. Betty had his arms wrapped tightly around his wife’s body. Jones said that he unfolded Betty’s arms and took him to the Cross Roads Police station, where he cautioned the man before charging him with murder. The rifle was given to an officer at Up Park Camp in February for examination.

Cross-examined, the police officer said he took a statement some time between 7:00 and 8 o’clock that morning from Espeut.

St Andrew Medical Officer Dr Harrihar Pershadsingh said he performed the postmortem and found that she had a bullet wound in the left nostril. Death was due to asphyxia as a result of the bullet wound. From the bruised area around the entrance of the wound, the doctor said the shot must have been fired at a distance of one yard.

Edward Rose, warrant officer at Up Park Camp with the Royal Electrical Mechanical Engineers, told of examining the rifle and finding nothing mechanically wrong with it. Witness explained to the court that a safety feature incorporated into the weapon made it impossible to fire unless the trigger was pressed. The pressure only needed to be slight to discharge the gun.

Rose admitted to defence counsel Rowe that at the preliminary inquiry he had said it would take pressure of under three pounds. He also told Crown Counsel Smith that the rifle was not capable of being fired without the trigger being pulled.

At the end of the prosecution’s case, Betty made an unsworn statement from the dock.

He told the court that he was married to Louise on September 28, 1957 and that they were happy together. In January 1959, he had a rifle which he would keep in his car on occasions when he left home to come in late at night. On January 25, 1959, Betty said he went out drinking with friends and returned home about 3:00 am. He entered the house by the living room door, went to the bathroom, then to the bedroom where he turned on the light.

His wife got up and asked: ‘What happened dear?’ He told the Court further that he had the rifle in his right hand and as he turned towards her, it seemed to slip. According to him, he tried to recover it and a shot went off. At that time, he said, his wife was still lying down, her head raised slightly from the pillow. Betty said he was frightened and nervous. He dropped the rifle and his only thought was to get his injured wife off to the hospital as quickly as possible.

He denied telling the prosecution witness, Espeut, that he had pointed the gun at his wife, but told Crown Counsel Smith that he had handled the gun the Sunday before but could not remember whether he had put the safety catch on or not. When it went off on Monday, he said, he was surprised.

Following addresses by counsel on both sides, the trial judge’s summing up took place.

In May, 1960, after retiring for more than an hour — the charge by then reduced to manslaughter — the jury of six men and one woman returned a split verdict of not guilty in favour of Allan Betty.

Trial judge Justice Duffus, later Chief Justice of Jamaica Sir Herbert Duffus (now deceased), addressed Betty thus, before he left the prisoner’s dock:

“Allan Betty, the jury, by a verdict of 5-2 found you not guilty on this indictment. Under the circumstances, you are discharged, but I do hope that the police will take steps to see that your firearm licence is taken away from you. Obviously, you are not a fit person to have the use of a firearm. I am afraid that applies to a lot of people in this country. The indiscriminate granting of a firearm licence must stop some time, and I do hope the police will take this into account.”

Betty left the No 1 Home Circuit Court a free man.

I was present at the Supreme Court a few months later when Betty came there to apply for a copy of the transcript of the trial. Before directing him to the appropriate officer, I enquired of him the purpose and he disclosed that he had applied to migrate to the USA and the embassy in Kingston had requested a copy of the transcript of the case. He was facilitated in short order.

NEXT WEEK: Mortally wounded cop takes down wanted man Sybil E Hibbert is a veteran journalist and retired court reporting specialist. She is also the wife of Retired ACP Isadore ‘Dick’ Hibbert, rated as one of Jamaica’s top detectives of his time.

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