Cite: http://nla.gov.au/nla.news-article5683624

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mEMAINE CRIMINAL SESSIONS.

Il Htstlemamo Cuminal Sessions on Tilos-

os were disposed of, amongst tho moro [taut of whieh was that of Aithur Chichester ksliank, tho late poundkeepei at Daylesford, fos brought up on an mdictmont charging fitli cattle ste ding Evidence was taken at

length, and tho jury returned a vcidiet of ¡tal a result, says tho Mount Alex 'Mail, "evidently recoived with grout gri iou by a crowded eourt '

I lou est, charged with a misdemeanor juinnf, tho post lettoi bag, in connection

tlio lecent mail îobbery, was dis ed on his own recognisances to appear when

I upon

¡ciisoof Alexandre Qoiga, a Frenchman, td with tho minder of James Smith, as bat, »as adjourned, on tho application of tho »r, who, through an interpiotor, claimed to .tried by a jury half composed of his own ijmui Judge Dairy eonsentcd to itsboin^ bj a jury halt of whom should be aliens, but

Kcssanly li enchinen

terdiet of "Manslaughter' was returned i Mai y Cushion, cbaigod with the murder i husband at ianadiile, on tho 2Jrd of

Dunno hay mg oponed the case, the follow

ndenco vv as taken -

itrt Alexander Anderson was called, and ¡d -I am a groeoi at Taradale 1 know isoucr at the bar I remember tho night of nrder-tho 21th Muy The pnsonci hal udebtcd to me Sho came to my shop, an I i communication to mo, in conseipienco o [vient to hei tont, together with auotlie named llobert nuntei She seomod ta bo perfectly sobor On arriving at tlie m, the doecascd lying on tho bed, with li H on I Bpoko to lum about tho account, that ho, íes an honorable man, must not ¡ to loio anj thing by Mary Cushion Ho mould not pay anything she had drawn hould h iv o to talco the steps of tho law, ard ho was going to take off tho thtug-i in ramg Ho then told the prisoner to t iko .e toods whieh vvoio lying by tho b d

tout, and give them to mo took out a ciso of gin, uni potatoes, and handed them to itobort i, mid they woi o loft m a tout closo by (Cised vv iib sober, I think 1 was about goinr ben prisoner wont in again, and Bud flho ako out a box of clothes belonging to hoi i thoy did not belong to lum abo caught à, vilneh was at tho back of tho tout, by dlo, deceased got off tho bed and cau¿h [ the othei hundió, and resisted the ' In pulling it out the box struck the nil knocking tho caudle down, put it out

r called out, " Do not light tho candió, ' Krt Hunter immediately io lit it l'nso Id not get the trunk out, but sho oponol took out somo clothes, and brought tlio n tlio tent Sho came in again and coin to take out tho trunk, and ho again r.. i pulling at tho other end of it 1 sa v tlio uet of making a push at deco isa 1

kwas tow aids mo, but I saw hoi making nth hei right hand upraised, she a mo er turned li elf round, mid I saw her put kmfo m tho sheath She thou w*nt

and loft tho tent Deceased a - to follow yvhero I was standing, an I blood ""^gushing out of Ina bro vat, ' carno to tho door, I slipped buck out ke tent a few paces, and he fell dow n and mediuoely Deceased fell sidevv ivs, with 1 m and his feet tow ards the door Tho i question lind a blade 10 or 12 nichas hut produced is tlio knife I nevci ob lio knife m bei hand until I saw hnr j it I immediately went to tho Camp »lice, and the pnsonci ovcitook us and was ¿oing for tho doctoi Wo ask"d ; hv ed, ind sho show ed us, and wo called Wo afterwards went to the Oamp for K I next saw her at the inquest, ia nfopioduccd vi as a formidable looking lfe, and w as deeply btained vv ith blood

:x mimed -Boforo I saw tho blood I edeceised if ho «as stuck, and ho sid I do not bohovo that the prisoner got ir at my employers stoio that niglit io cunio down first sho said her husband H away the goods

i Donogh -And Scotchman hko you

ook after business '

a - I am not a Scotchman

1 Donogh Well, you aio as bud-you islimn.il (Liughter)

tiieb-j yv es thon cross examined at great j tlio learned counsel, and doniol icouraged the prisoner oi helped hor to f the goods lho deceased might have mist the kinfo, but ho saw her thrust it

ihentli it afterwards

Hunter, who accompanied tho last lepo"cd -I fuuud tho deceased lying on bul dressed Prisoner said to Ali

Will you remove borne of thesa take thom in account for what I ovva eccascd said Mr Anderson might talo tho amount of what was owing bun ids yv ero thou bunded over to mo and by tho pusonor, and taken out to tho

\\ hen wo returned pnsonor said, a box with clothes of my child in it, f JJ thom ' When bho wab moy ing it, ha iff tho bed to prevent her, and in tin ho trunk knocked against tho tublo and i the c imllu upon it I lit the candle, A it on tho counter She had a bund lo

in her armSj and went out of tho tout

She cunio in again, and in tho moa l 1 somehow got hold of a kmfo, but ho v K do not know I saw her puah tho do

ith a knife ¡something also was said, lot know what She wont to tho door. Ho ved I saw blood on his breast, and own and diod Both-ho and she uppa

0 quito sober

^ 1 Grath cximinod-In May I was in j, fluent of the prisoner I recollect tha

ihion w is kdlcd I cannot say ox ictly jj ion ho vv as of tho pnsonor s Ho was J.

tho road, and used sometimes to stop j e and I went to bed on tho night in

1 did not bco anything take placo thora, K, rdvoicc3 I got up and saw tho dc j. ig near tho door on his back

. lonor -It was about 1 oi 2 o clock ia

:

»b vv ben I got up and saw tins , an I no pcrbon thoio but tho dead man ail

ai

Collins, a cb ireoul burner at Turodalo, lecoase 1 and tlio prisoner Thoy vvoro nfo Ha (witnosB) had seen them mar 1 Catholic chapel

Mimed -ifever heard any complaints

occe ised and other women

s "Monaghan, a sergeant of polico, Bta r ir idalc, deposed to tho arrest of the ': her ow n tent She said-" I um wili- er for what I did " Witness searohod,

J found tlio kmfo (produced), covered

lood

imined -Sho told mo Bho could not luid s clothes to be taken away.

Marko ltobmson, a medical practi» i made tho post mortem examination,

cau>,c of death, w Inch aroso from a Ued by such a knife as that producod. was tour inches in dopth, and the w portion of tlio rib yvas seyercd

^ J Ldwards, also a medical praoti ¡j, >sed to havjng boen sent for on tho m, stion Went to the tent of tho prisoner, ß Hind tho deceased lying dead on his

the front of hisporson saturated with hu 1 examined tho body, and death rom a btab m the heart, caused by 1 is that produced

nogh then addressed tho jury for

rid

Ho could not insult thom by t the deceased had not diod by ' s hand, but all the cireumetan"bs ?xluced tho crime from murder tomun i ?»«.?' incident of the dreadful tragedy ^j a ed that tho poor w oman had in a

incitement under ill usugo struck the e-ould tho spirit of tho fallon maa

speak to them, he would himself acknowledge such a course of treatment to the wretched pri- toner as would show she had been more sinned against than sinning. The learned counsel the proceeded to say that the prisoner had been maddened that night with excitement. Tru thnt it had been denied that she had got into. eating drink'at the store'of ono of the witness.' tut Bhe had received worse than drink-her min had been' inflamed with jealousy on account . what she had heard about the deceased a-i

other women. The counsel was proceeding o this very perilous ground, when his Honor intei n pted and warned him against the danger of i". (loduchigBUch an clement into the case. Tn learned counsel concluded by a vehement appe.i to the merciful feelings of the jury.

His Honor then summed up, carefully definin. the difference between the crimes of manslaughti and murder, and reviewing all the circumstansj

of the case.

Tho prisoner interrupted, by begging that wit nesses,whom she named, might be called to pro i the ill-treatment which she had received from li

husband, who had horsewhipped her and otlui'i wise ill-used her.

His Honor said if sho insisted on it ho cou!

not shut out the evidence, but he solemn!.) wai ned her against the peril of doing so. A prcsont there was wanting in the case against lu a very essential clement in constituting the crim of murder- express malice. If she called sue evidence as She mentioned, Bho would supply th i element. Her counsel had exercised a very wi-> discretion in not calling tho witnesses.

The prisoner repeated how her luisban ! h-,

ill-used her, and seemed to press for the recep- tion of tho evidence.

His Honor exhorted her to consider for . moment, and not to press for the testimony, on she at last yielded, and the learned Judgo pr J cecded toireview all tho circumstances of tli case. The "jury would havo to consider upon th wholo facts, and seo whether there wore sim extenuating circumstances of sudden excitóme . and provocation as to reduce the crime to ma.i slaughter ; but if not, it would bo their paint i duty to find her guilty of murder.

Tlio jury then retired to consider thoir vortlicb and after an"absence of nearly an hour, returne .

Amidst deep Bilenco tho officer put tho u-jii ' question, when the foreman replied that the

wero not agreed, and wished again to hoar tu : legal definition of murder.

His Honor explained that it was murder who.' thero was malico cither expressed or implicl The former was whero there was a declaration ?

intention either avowedly expressed or evinced i

a preparation, on tho part of the person porp. trating the violence, for taking away life, it w . implied where there was no legal excuso for t'i act of violence. In manslaughter this descript o of mnlico was not usually evinced, but tho a . issued is an impulho of ungovernable pasbion fro somo real or imagined injury.

Tho jury then again retired. In a few momei.t more they returned, and amidst breath).

silonco, pronounced a verdict of " Mnn¡>hiu0-1

ter."

The prisoner was remanded for sentence, a , tho Court adjourned.

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