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The Sydney Gazette and New South Wales Advertiser (NSW : 1803-1842) (about)
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Cite: http://nla.gov.au/nla.news-article2204369
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SUPREME COURT;
FRIDAY, MAY 13, 1836.
Before the Acting Chief Justice and a Civil Jury.
James Tobin stood indicted for the wilful murder of Robert Fox, by striking bim with an axe, at Marks' Farm, Kiama, district of Illawarra, on theöib of April
last.
It appeared from the evidence that prisoner, deceased, and another man, named IM'Ninny, lived together on tho farm of Mr. Marks. About two or three
days previous to the murder, deceased and M'Ninny had occasion to go to their " ticket muster," and did. not return till the following morning; when they came homo, prisoner said, that during the nigtb the house had been entered hy some bush- rangers; who had taken away the gun. Ho oxprcjse.l his fears that they would some night shortly again return. Ob the Monday, M'Ninny bad to go to the black- smiths, who resided at some distante, and where he stopped all night; Early in ihn morning prisoner went td a Mr; Hind'á farm, and reported that the house had been again attacked, and that Fox «as murdered. Hind was much surprised at the appearance of prisoner under such circumstan «fl, his being clean washed; bad good i lot íes carefully put on, and his boots properly laced. He stated thal three men burst into the house, and had murdered Fox ; he added that tbey had a gun with them, which he knew to be the one taken away by the same three men who had attacked the house before, from its having a new sight. Whilst ibey wore beating Fox, he (prisoner) looked up from his bed, but they ordered him to cover himself over with the bed clothes, or they would do for him also. Tie said they afterwards went into the store hut, I roui whence (hey lind taken nothing bal nomo of I'ux'u clothes, Fox wus a inna
of a peaceable disposition, brit had some times a few words with prisoner, on ac- count of the latter not doing his work properly; and on a recent occasion pri
soner was heard to say, that he would do for Fox some day or another; bo would go (o the gallows for him wifh pleasure, and die like a b-y dog. When Mr. Hind had beard all tLo circumstances from prisoner,bo proceeded immediately to Mr. Gray, police magistrate of the
district, and related to bim tho afluir. Mr. Gray immediately dispatched some of the mounted police to the spot, anti tbey took Tobin into custody. Upon en- tering the house they discovered the body laying on the floor between the two bods, and near it were two axes, both stained with blood, and which seemed to have been placed there to induce a belief that more than one parson had been engaged in the tragic deed. But one of them was the prisoner's own ; tho other old and worn out, used to lay about iho front of the house. Shortly after Mr. Gray ar- rived for the purpose of insti'ulingastiict investigation. Prisoner was reluctant to go near the body. When the head was raised up, thero was a dreadful wound at the back part of it, through which Iho brain protruded, and also a deep gasb across the throat. Wlien prisoner saw this he burst into tears and said, " I am a murdered man." When prisoner was searched, upon his person was found a clasp hnifo, willi some marks of blood on it, and in his hat a wet handkerchief. Prisoner accounted for the wetness in two different ways-first, (hat it was caused through the'tears he had shed during the morning, when laboring under the apprehension that he would be sus- pected of committing the murder; and afterwards he said ho had washed it, in order to get the blue out of it. It was a blue and white handkerchief. Mr Gray afterwards employed some native blacks
to find out, if possiblo.if any of the things I taken away had boen planted in the bush. The blacks, after a short seat eli, disco- vered the clothes, and also the gun, in tho hollow of a tree, close to the spot where prisoner had been working during the few prenons days, about a quarter of a milo from the hut. When prisoner was questioned as to whether he knew tho men who had committed the murder, he roplied ho did; that it was Doyle, Welsh, and a mau named the flying shinglcr, all of whom lived near the place, and conse- quently he was well acquainted with thom ; it was however upon euquiry found that the parlies could not possibly hnvo been near the spot during the whole of tho night upon which the murder waa perpetrated; this fact was fully exhibited to tho perfect satisfaction of the police magistrate, by the testimony of different respectable settlers, upon whose veracity not the least doubt could bo attached ; when the case had boen gone through, the Jury after being absent for some time returned a verdict of Guilty. Sentence of death in the usual form was passed, he was ordered for execution on Monday morning.
Before Mr. Assisting Justice Kinchela and a Military Jury.
Patiick Ryan (a private in H. M. 50th Regiment), stood indicted for the wilful murder ot Michael Finuigan, alias Wm. li»ans, at Holdsworth, district of Liver- pool, on the 29th [STarch last, by strîRiûg"
him on the head with a musket.
It appeared that deceased who was a free hil ed servant to a settler in (he neighbourhood, had been drinking with the prisoner; a quarrel took place be- tween them relative to the payment of the reckoning, but tlid r ot t xtend beyond the use of nords towards each other; they afterwards proceeded home together through the bush; during their walk the quarrel was renewed, when prisonor
struck the deceased with the butt end ol'
his firelock upon the head, and felled bim to the ground ; when prisoner got to his quarters, he told the serjeant of the quarrel ; that in coming through the bush deceased whistled, when two men .prang from the bush lind struck him (prisouer^ such a \iolentblow, that he fell to the ground, and that in struggling «iib them, he had broke| his firelock against a tree; he added that his com- panion had been killed by the bu-h rangers, and if any per-on would accom pany bim, he would point out the placo ; the serjeant with tu o others and the pri- soners proceeded immediately to the spot, where they found deceased lying on his back; when placed by them in a sitting position he appeared to be insen- sible ; they conveyed him to the nearest house (Mr. Rowley's), whore he remained all night ; on the following day be was taken to the hospital at Liverpool, where he lingered for two or three days and then died ; prisoner had been heard to threaten the deceased whilst they wero in the public house, that he would put a ball through him before they reached home; it appeared that the skull of de- ceased had been severely fractured by a violent blow, which caused a compression of the brain. Tho Jury after a short consultation, returned a verdict of Guilty, when Hi- Honor proceeded to pass sen- tence of death in the usual form, direct- ing the execution lo take place on Mon- da morning.
SATURDAY, MAY 14, 1836
Before the Acting Chief Justice and a Military Jury.
William Dosey nlias Casey stood in-
dicted for the wilful murder of Peter
Hanns, at Ballantyne Creek, in the dis- trict of Cassillis, on the 12th February, by beating him with a stick. It ap- peared from the evidence that prisouer was assigned to a Mr. Vincent, and that deceased was a runaway living in the neighbouring hush ; both parlies were well acquainted with each other ; On the day charged in the indictment prisoner invited the deceased into his hut, and after giving him some victuals, produced some rum, of which the latter drank until he became intoxicated; he then bound his firms behind his back, and with a thick stick beat him about the bead and body in such a dreadful manner as caused the death of Hanns two days afterwards; after ibis prisoner absconded, but wa» subsequently tuken about 00 miles from his master's (Station ; when taken into
riiBtody, «nd coining along tho road with i tUc eomtnblf, ho onkcd tho Udor if it
would not bo better for him to tell the truth ; the constable answered in the affirmative; when prisoner said that ho and deceased had been 'drinking toge gother, and when he struck the latter he (lid not muan to hurt him, but was quite willing to dio for it. The fact of pri- soner having so maltreated deceased was clearly established by evidence indepen- dent of prisoner's confession.
Prisoner in defenco put in a wriiteh statement, which was to the effect that
deceased bad entered his hut anil robbed , him, and also threaloned to shoot him - a i few days before the assaultwas committed, on the day charged, he met with him and made him drunk in ord or that he (pri- soner) might the more easily secure him, and by that means compel the deceased to disclose where he had .* planted" -the
things stolen.
His Honor, in putting the case to the Jury, said-The case was involved in aomo degree of uncertainty, obscurity, and doubt ; inasmuch as many parts wore substantiated only by the statement of the prisoner himsolf. He further observed that by a necessary and salutary local law, all constables and free men were authorised to detain any person whom they had reasonable grounds to suspect wore transported felons, or offenders il- legally at large; this they might do with- out warrant, but they were bound to take
them beforo tho nearest Justice of the Peace. But ihe man at the bar being himsolf «i prisoner of the Crown, was not under the local ordnance empowered to take the deceased into custody. But if they believed the evidence, oven sup- posing he bad been empowered to take the man, the law did not justify bim in beating the deceased, in so barbarous a manner when both his arms and feet were tied. If a constable had done so, ho would have been responsible for the con- sequences. Prisoner by law had no right to lake the man into custody, and if by blows (when he had such illegal custody) death ensued, it was to all intent and meaning-murder. .
The Jury, having' a-retirod a few mi- nutes, returned a verdict of Guilty.
Mr. Carter piayed judgment. Pro- clamation fur tileiico being made, His Honor, addressing the prisoner, said : William Dacey, although you might sup- pose thallon were justified in apprehend- ing tho deceased, yet the whole of your conduct shows that you were influenced by an unexampled malignity. He was a prisoner of ihe Crown, you aro a prisoner yourself, and might easily have secured bim, whatever motive jou had for mallri a'ing him in tho manner you afterwards did; first seducing him to your hut under pretence of being a< friend and protector, yon debauch him, make him a prisoner, and treat him in such a manner as shows you lo bo devoid of all feelings of humanity ; when he applied to you to be allowed io answer a call of nature ; when his back was turned towards you, then you maltreated him, first striking bim to the ground, and afterwards kick- ing him in a vital part, which showed a malignant ami bloody desire. You now bland convicted before jour country of a most dreadful murder, the timo of your lite draws to a close, in a few hours you must expiate your crime upon the publia scaffold. During the short time which yet remains-/ on treat yon byo'very means to make your peace with God. He then passed the usual sentence of death, and ordered him for execution on Monday morning Prisoner, who heard his awful doom with apparent indifference, then said bo wished to say a few words- he did the murder, but was not guilty of doing it intentionally ; be did not take the deceased into custody for the purpose of delivering bim up to his master, but merely to get his own things from lum.
Ho was then removed from,the dock. I
James Peatson stood iuuicted for the
wilful murder of Thomas Smyth, at I Gundaroo, near Lake George, on the 25th of March last. It appeared that prisoner and deceased having had a quar- rel, they got to fighting, each armed with a slick ; but by the evidence it was shown that deceased was the first to commence, and prisoner himself was seriously hurt. The Jury, under all the circumstances, returned a verdict of Not guilty.