Thomas Alexander Wells (13 September 1954) was a judge of the

Northern Territory Supreme Court The Supreme Court of the Northern Territory is the superior court for the Australian Territory of the Northern Territory. It has unlimited jurisdiction within the territory in civil matters, and hears the most serious criminal matters. It is aro ...

Darwin, Australia Darwin ( ; Larrakia: ) is the capital city of the Northern Territory, Australia. With an estimated population of 147,255 as of 2019, the city contains the majority of the residents of the sparsely populated Northern Territory. It is the smalle ...

. He was known for having misdirected the jury in a high-profile case in 1934, which was later overturned in an appeal in the

High Court of Australia The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution. The High Court was established fol ...

known as ''

Tuckiar v The King ''Tuckiar v The King'' is a landmark Australian judgment of the High Court which was decided on 8 November 1934, after a two-day hearing on 29–30 October 1934. The matter examined the behaviour of the judge and lawyers in the trial of Y ...

''.

Career

Wells was a court reporter for a

Sydney Sydney ( ) is the capital city of the state of New South Wales, and the most populous city in both Australia and Oceania. Located on Australia's east coast, the metropolis surrounds Sydney Harbour and extends about towards the Blue Mountain ...

newspaper. He served overseas in

WWI World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...

and on returning to Australia studied law in Sydney, where he practised at the bar for nine years after graduating. In 1933 he was appointed Judge of the Supreme Court of the Northern Territory, following the retirement of Justice Mallam (1878–1954). He presided over some of the Territory's most high-profile trials, including the murder trial of Dhakiyarr Wirrpanda, a Yolngu man from

Caledon Bay Caledon Bay is a bay in Arnhem Land, in the Northern Territory of Australia, at approximately 12.8° S, 136.5° E. It is perhaps most famous as the home of a group of Yolngu people who were key players in the Caledon Bay crisis, which marked a tur ...

Arnhem Land Arnhem Land is a historical region of the Northern Territory of Australia, with the term still in use. It is located in the north-eastern corner of the territory and is around from the territory capital, Darwin. In 1623, Dutch East India Compan ...

, who was convicted of murdering Constable Albert Stewart McColl at

Woodah Island Woodah Island, also known as Isle Woodah, is an island in Arnhem Land, in the Northern Territory of Australia, lying in the mouth of Blue Mud Bay at . It is located 13.4 km east of Haddon Head on the coast of mainland Arnhem Land. It is 24 ...

on 1 August 1933. This was part of a series of events known as the

Caledon Bay crisis The Caledon Bay crisis, refers to a series of killings at Caledon Bay in the Northern Territory of Australia during 1932–34, referred to in the press of the day as Caledon Bay murder(s). Five Japanese trepang fishers were killed by Aboriginal ...

Dhakiyarr was convicted of murder and sentenced to death, but seven months later this verdict was overturned in the

case. Several reasons were given for the success of the appeal, including that Judge Wells had misdirected the jury. He was regarded more benignly for ordering the doors of

Fannie Bay Gaol Fannie Bay Gaol is a historic gaol in Fannie Bay, Northern Territory, Australia. The gaol operated as Her Majesty's Gaol and Labour Prison, from 20 September 1883 until 1 September 1979. History In 1888, Deputy Sheriff (and later Government ...

open following the Japanese air raids in 1942, rather than have them suffer should the jail receive a direct hit. He was himself evacuated to

Alice Springs Alice Springs ( aer, Mparntwe) is the third-largest town in the Northern Territory of Australia. Known as Stuart until 31 August 1933, the name Alice Springs was given by surveyor William Whitfield Mills after Alice, Lady Todd (''née'' Al ...

following the air raids, returning in 1945.

Later life and legacy

He suffered a stroke in 1951, and retired the following year. He died in Darwin Hospital in September 1954. Wells Street, in the Darwin suburbs of Ludmilla and Parap, is named after him.NOTE: Wells Street in the Litchfield area, Wells Creek and Mount Wells were named for the presumably unrelated Charles Frederick Wells (died 1896), a cadet surveyor with the Goyder Survey Expedition of 1869.()

References

{{DEFAULTSORT:Wells, Thomas 1880s births 1954 deaths History of the Northern Territory Judges of the Supreme Court of the Northern Territory