Spotlight: The Melbourne Mail Robbery (30/05/1851)

Geelong Advertiser (Vic. : 1847 – 1851), Friday 30 May 1851, page 2



Present — His Worship the Mayor, and Captain Fyans.

THE MELBOURNE MAIL ROBBERY — At 12 o’clock yesterday Owen Suffolk alias Mason and Christopher Farrel, committed for robbing the Portland Mail, were placed in the dock, to answer to the charge of robbing the Melbourne and Geelong mail. Both prisoners maintained the same firm composure they evinced on the former occasion.

John Ross, sworn. — I am the driver of the Melbourne mail. I know the tall prisoner, by the peculiarity of his walk, he is one of the parties who robbed the Melbourne mail on 15th May I do not recognise the short man sufficiently to swear to him, but believe him to be the same man that was with the tall prisoner when the robbery was committed. They took from me my watch, a money order, and my strap. The order produced was taken from me by the tall prisoner. I recognise the watch and strap. I cannot describe his dress exactly beyond a sou-wester” hat painted of an oil color. The hat produced I can swear to as the one worn on the occasion of the robbery by the tall prisoner. I know it by the hole in the brim. They presented pistols at me very like those now shown to me. I reported the robbery at the watchouse.

The prisoners declined to put any questions to the witness.

Sophia Henry, sworn — I reside in Geelong, and was a passenger in the mail, on the 15th May, when the mail was robbed; I can swear to the tall prisoner, he robbed me of fifteen shillings and a silk purse; the purse now shown to me is not the one stolen from me; I remember them taking a belt from the mailman, but I cannot swear that the one produced is the same; one of the robbers wore a sou-wester, like the one produced: they presented pistols at the mailman, but I cannot say what they were like.

The Chief Constable — Reiterated the details of his apprehension of the prisoners, and described the property found.

John Matheson, manager of the Union Bank — Recognised the draft for £14 11s 9d, as being drawn by their Branch on the Geelong Bank; he received the envelope in which the draft was transmitted from the Postmaster of Geelong, on the Monday after the robbery.

The prisoner Farrell then applied to the bench for £9 18s, which had been taken from him.

The Bench not seeming to comprehend the nature of the request; Owen Suffolk very coolly leant on the dock, and said, “he wishes to know, your Worships, if you will allow the money taken from his person to be employed to fee counsel with, for his defence.”

His Worship — That will be a question for the Judge to decide.

The prisoners stated that they had no remarks to make, and were then committed for robbing the Melbourne Mail.

Spotlight: Committal of Power the Bushranger (18 June 1870)

Leader (Melbourne, Vic. : 1862 – 1918, 1935), Saturday 18 June 1870, page 19



Henry Power, alias Johnston, was brought up charged with highway robbery under arms, near Hooper’s Crossing on the Ovens, on the 7th May, 1869. Arthur Woodside, a squatter, detailed the occurrence. He deposed that he was on the road when the Bright coach was approaching the crossing. He saw the prisoner walk out of the bush with a double-barrelled gun in his hand and stop the coach. Witness rode up; but Power presented the gun at him and ordered him to dismount. Prisoner then told the driver to throw out the parcels, which was done. (Prisoner here told witness to speak up, and said he could speak loud enough when they had met on a previous occasion.) Prisoner, after making a Chinaman in the coach show his money, some few shillings, took witness’s horse, bridle, saddle, and spurs. Prisoner promised to return the horse, and did so about five weeks afterwards. The prisoner’s gun was cocked and capped. Witness offered no resistance. Edward Coady, coachdriver, stated that on 7th May he was returning from Bright to Beechworth. When about two miles on the Beechworth side of Hooper’s, the prisoner came across the bush, and, presenting a gun at witness, told him to ”pull up.” He then told witness to turn out the swag of gold he had on the coach. Told him there was no gold. Prisoner said. “Here’s another coming; don’t you stir.” When Woodside came, close, prisoner told him to pull up and dismount. Witness then pulled out some of the mail bags. Prisoner took one or two of them in his hand and threw them back, saying there was nothing he wanted in them. He did not open them. Witness then threw a paper parcel out. Prisoner broke the paper and threw it back, saying it was of no use to him. The Chinaman’s carpet bag was then thrown out by the owner. Prisoner opened the bag, looked at some of the things which were in it, but took nothing from it. Prisoner wanted to take the leading horse. He (witness) told the prisoner that the horse would be of no use to him, as it had not been broken in to saddle. Prisoner said that he wanted nothing from witness on that occasion, as whatever he (witness) had he worked hard for. Woodside got on the coach with witness, and prisoner told them that they could start. Prisoner rode off on Mr. Woodside’s horse towards the Ovens River.

The prisoner informed the magistrate that the gun was cocked, and entered into an explanation as to his having wished to purchase an oilskin coat and pair of leggings from the driver, which the latter refused to sell. He further stated that he told the driver that he would not take any money from him, as he (Power) knew that drivers earned their money hardly, as he did himself.

Power was next charged with highway robbery under arms from Thomas Thomas, at the Buckland road, on the 7th May, 1869. Thomas Oliver Thomas, storekeeper, residing at Wangaratta, stated that on 7th May, 1869 he was on the Buckland road travelling on horseback to Hooper’s Crossing. He was riding one horse and leading another, and when within about seven yards of him observed that the prisoner had him covered with a double-barrelled gun. Prisoner called out to witness to stop. Witness was on the point of going when prisoner called out “If you go, I’ll fire.” He (witness) then came towards prisoner, who told him not to come too near, and said that his gun could kill at 300 yards. Prisoner then asked witness what money he had. Told him first that he had none. Told him afterwards that he had a couple of notes. Prisoner said to hand them to him, which witness did. Prisoner then asked him what had become of the other fellow who was with him (witness). Told prisoner that he did not know. Witness then asked prisoner to give him one of the pounds back, as he had taken all his money. Prisoner said he would not, as he had just stuck up the coach and got nothing. He further told witness  to consider himself lucky that he did not take his hat and coat from him. In answer to the prisoner, witness said that he did not remember his asking whether he was a policeman or detective, or inquiring what he was doing off the road. Power then entered into an explanation of the circumstances that occurred, stating it was a matter of indifference to him what charges were brought, only he wanted to hear the truth spoken.

Henry Power was then charged with highway robbery under arms at the Buckland Gap, on 28th August, 1869. Edward Coady stated he was driving the Buckland coach from Beechworth to Bright on the 28th August, 1869. When going down the Gap, witness observed some logs on the road. Put his foot on the break to stop the coach, and pulled up, when he saw prisoner standing on the bank about five or six yards distant with a gun presented. Prisoner said that he thought he had seen witness before, and asked whether there were any constables on board, whether he had any firearms, and how many passengers there were. Told him that there were no constables or firearms, and that there were three passengers besides the boy. Mr. Hazleton, a passenger, turned out his pockets and produced some silver and a watch at prisoner’s direction. Prisoner told Mr. Hazleton to put his money and watch on the ground, and he did so. Prisoner told Hazleton to stand back, and came forward and took up the money and watch. Prisoner then told witness to turn out whatever money he had. Gave him a pocket-book and purse, in which were £2 13s. 6d. and a threepenny piece; the latter coin prisoner gave to the little boy in the coach. After emptying the purse, prisoner returned the pocket-book, containing some papers, to witness. Prisoner told the ladies to turn out. Both came out of the coach, and one of them, Mrs. Le Goo, handed her purse to prisoner. He opened it and took out the money, which amounted to 13s. She told prisoner that was all the money she had, and asked him for a shilling back to get a cup of coffee on the road. Prisoner returned her a shilling. Miss Hart told prisoner she had no money, and he took no further notice of her. At this time, another young, lady — Mrs. Boyd he believed was her name — came down the Gap on horseback. Prisoner also told her to bail up, and asked whether she had any money, and she replied that she had not. Prisoner said he did not know how it was that young ladies could ride round the country with horses and side-saddles and yet had no money in their pockets. Prisoner then said he would take the horse and saddle from her. Mrs. Boyd asked him if he would allow her to go back to her father’s on top of the Gap, and she would give him anything he wanted. Prisoner told her he would not, but that if she gave him £5 he would give her the horse. Mrs. Boyd replied she had no money. Prisoner said if she chose to borrow the money from the other ladies in the coach — he knew that the tall one had money — he would not ask where she got it, but would give her back the horse. Prisoner then said as it was a cold morning he had got a fire ready for them close by, at his camp. Prisoner then said he had a good mind to shoot him (witness). He inquired what for. Prisoner replied for speaking disrespectfully of him in Fisher’s bar. Witness replied that he had said nothing further than that if he met Power at a shanty or public house he would shout for him. The other persons then went to the fire, about a hundred yards distant, close to the road side, leaving witness on the coach. Prisoner stopped close to the coach and purchased a knife from a little boy, who also remained. He gave the boy a shilling for the knife, and the little boy offered him back the shilling if prisoner would give his sister (Mrs. Boyd) her horse. The prisoner smiled at this. The passengers then came back from the fire, and prisoner told him (witness) to turn out some of the mail bags, which was done. Mr. Hazleton told him that the bags would be of no use to him, as no money went that way, that all went by escort. Prisoner returned the bags. A man. on foot was at that time coming up the Gap, and on his approach prisoner told him to bail up and deliver up his money. The man put his hand into his coat pocket, when prisoner told, him to take it out, saying, “It was not there people were in the habit of carrying their money.” Prisoner then told the man to turn out his trousers’ pockets, which was done, but there was no money in them. Witness had his foot on the break all this time, and asked prisoner to allow him to take the coach further down the Gap. Prisoner gave him permission to do so. A Chinaman coming along was then stopped; then two drays were noticed proceeding towards where they were standing. Power told all who were standing round to keep still, or he would shoot them. When the drays, with which were two men, came near, prisoner ordered them to stop and deliver up their money. A man with a spring cart then came forward, and he was likewise stopped by prisoner, and told to give up his money. This man said, that he was a very poor man, and had not much money. Prisoner told him to get out of the cart, put his money on the ground, and then stand back. This was done. Prisoner then came forward and took up the money. Prisoner then said to witness that he must have one of his horses. He took a saddle and bridle from one of the drays that came down the Gap. Prisoner said that he must have the snip horse — the off-side wheeler from the coach — and told some of the men who were standing about to unharness the horse and saddle it for him. One of them led the horse to the prisoner after it was saddled. Prisoner led the horse about forty yards further off. He tried to get on the horse with the gun in his hand, but the horse would not allow him to get near it. Witness thought that prisoner then laid down the gun and tried to mount the horse but could not. Prisoner then said he would take the brown horse, one of the leaders. The horse was unharnessed and saddled and led away by prisoner. He got on this horse, and rode back to where the coach was, and told those assembled there they could start. Before starting prisoner gave Mrs. Boyd her horse, saddle, and bridle. Prisoner said that he would ride on ahead and stick up in front of the coach. He rode down as far as Rowe’s, and then turned back. When he met the coach on his return, he said to witness and the others that he had changed bis mind. That was the last witness saw of the prisoner. The coach was stopped about three hours.

Prisoner, on being asked whether he had any questions to ask witness, said no that all the driver had said was correct.

Wm. S. Hazleton, storekeeper, residing at Bright, and Ellen Hart, residing at, Wahgunyah, also gave corroborative testimony. Prisoner, to last witness : I never asked you for money. Witness : Yes; you asked me if I had any, money, and when I replied, “No,” you replied, “I don’t, suppose you have.” This closed the evidence in the third charge.

The prisoner was then charged with the highway robbery of John Hughes, on the 28th. August. John Hughes, dairyman, residing at Whorouley, deposed that on the 28th of last August he was traveling towards Beechworth. On coming near the Buckland Gap he saw the coach standing in the road and a number of persons crowding about. On driving up saw prisoner walking about with a gun in his hand. Prisoner ordered witness to drive on one side, and then told him (witness) that he was doing a little sticking-up business. He asked witness for money, and on being told that he had very little, prisoner cocked both barrels of the gun and ordered witness out of the cart, in order to see how much, he had. Witness got down and drew £1 18s. from his pocket, which he handed to prisoner. This witness corroborated the evidence of Hazleton and Coady. William B. Montford, sergeant of police stationed in Melbourne, deposed to the arrest of the prisoner in the Glenmore ranges as already reported in these columns.

In reply to the bench, prisoner said he had nothing to say to any of the charges. The prisoner was committed to take his trial on the first three charges at the General Sessions to be held in August, and on the fourth charge he was committed for trial at the Circuit Court in October.

The Ovens Spectator writes :— “It is not generally known, but it is nevertheless a fact, that about four years ago, when Power’s former companion, McKay, was arrested and placed in Beechworth gaol, he stated to one of the police officers that Power and another man were the murderes of Somes Davis, who disappeared so mysteriously about six or seven years ago, and that Power took the most prominent part in the foul deed. The information given was not sufficient for the police to act upon, and so the matter dropped. Among those, however, who made inquiry into the matter, suspicion was generally directed against Power and tho notorious Toke, of Mitta Mitta. It will be in the recollection of our readers that about six or seven years back, Somes Davis, a storekeeper and gold buyer, left Yackandandah in the direction of the Mitta Mitta, to buy gold, and he disappeared and was never seen again. From the marks of his spurs on the saddle, and from some other circumstances, it seemed as if he had been violently dragged from his horse, previously to his being killed. The rumor at first spread that Davis was still alive and was keeping out of the way of his creditors was soon disproved, as it turned out on his affairs being wound up, that he could pay a good deal more than 20s in the pound. His body never yet has been found, and the mystery has never been cleared up. If, however, McKay’s statement was true, Power has something more to answer for than all his known crimes.”

“It is alleged,” says the Kyneton Guardian, that the black tracker who led the police to Power’s retreat was no other than the man Kelly, who was so soon discharged after his arrest, in consequence of no one being able to identify him. If it had been reflected that Kelly was standing in the dock of the Kyneton Police Court between 10 and 11 o’clock on Friday morning, it would have been seen that it was a physical impossibility for him to have assisted in any way in the capture of Power, which took place, at half past 7 on Sunday morning, at a place over 200 miles distant from Kyneton. Kelly has never left Kyneton since his discharge. He has been seen about the streets every day, and he is waiting for his friends either to come for him — they, were expected last night — or to send him money with which to defray the expenses of his journey home.”

Spotlight: Daniel Priest on Trial

Launceston Examiner (Tas. : 1842 – 1899), Saturday 11 October 1845, page 6


Messrs. Jas. Henty, (foreman), Martin Edwards, W. S. Button. John Barrett, Wm. Birch, H. Gurr, Thos. Button, M. Mason, James Nokes, B. Francis, George Ross, and William Clarke.

Daniel Priest was arraigned this morning, and, in consequence of the wound in his foot, was accomodated with a seat in the dock. His countenance presented no expression of concern for his fate; on the contrary, he gazed about the court with an air of indifferent curiosity. He was charged with the robbery at Mr. Geo. Lucas’s, on 25th June, being at the time armed with a gun, and pleaded guilty. His Honor reminded the prisoner that the offence of which he stood charged was of a capital nature. Priest hesitated a moment, and said he did not plead guilty to using violence or attempting to take any man’s life, but admitted robbing the place whilst under arms. His Honor said that was the charge against him, but it was a capital offence.

Priest.—Your Honor, I plead guilty.

The plea was then recorded. There was another information against him, but he was not called upon to plead to it.



His Honor the Chief Justice took his seat at nine o’clock this morning, for the purpose of passing sentences.

Daniel Priest was first brought up for judgment, and being asked in the usual form whether he had anything to say why he should not be adjudged to die, merely shook his head.

His Honor then addressed him as follows :— “You stand convicted of robbery, being at the time armed with a gun, which, as no doubt you well knew at the time, is by the law of this colony a capital offence. Since you were last here, I have looked carefully through the depositions, and find that with reference to some of the property it appears doubtful whether it was actually taken in the presence of the prosecutor so as to constitute the offence of robbery, but respecting the money there can be no doubt whatever, as it was taken from the person of the prosecutor, and upon that at least conviction must have ensued had the case gone to a jury. On the evening mentioned you and your companions presented yourselves suddenly at the sitting room of Mr. Lucas and exhibited your arms; your companion then brought in a servant and part of the family who had been previously secured, and desired them to stand in a corner, whilst you yourself presented the piece at them keeping your finger on the trigger; then the work of plunder was commenced. This of itself was a shocking outrage not to be tolerated in any civilized country. I am aware of the merciful lenity with which the government have acted, in sparing the lives of men convicted of similar and more aggravated offences, but I do not think and cannot hold out to you the slightest hope of such result in your case. You have acquired a notoriety throughout the colony scarcely equalled, and although I have made no enquiry into other cases of robbery, alleged against you, I cannot but look upon you as a man who has been for years carrying on a lawless system of plunder, to the great terror of the colonists. If you have not actually resorted to personal violence, you have carried arms and uttered threats, by which people have through fear, suffered their property to be taken from before their very eyes. I cannot conceive, whatever disposition the government of the present day may have to extend mercy to persons of your description, not having attempted life or used actual violence as in the case of which you stand convicted. I cannot conceive, continued his Honor, that they will extend mercy to a person, who, like you, is known to have been a general terror — to have outraged all law — for years eluded all attempts at apprehension, and lived only by that system of lawless robbery to which this colony is particularly exposed. It is my duty to warn you solemnly: I feel that your life will not be spared, — and I hope sincerely you will from this moment make up your mind that the sentence I am about to pass will be carried into execution. I implore you to make the best of the little time you may expect to remain upon this earth.” His Honor passed sentence of death but having omitted a material part, repeated the words, adding with great earnestness, “May God have mercy on your guilty soul.”

Priest appeared restless, but his manner was not indicative of mental agitation. Notwithstanding his Honor’s remarks, the prisoner whilst receiving sentence appeared to be anticipating a reprieve. He limped out of the dock nodding familiarly to the people in the gallery.

William Gillan, the companion of Jackey Jackey was also sentenced to death, without hope of mercy, and implored with earnestness by his Honor, to prepare for the execution of the sentence.


John Wilson, James Lemon, larceny. His Honor said the prisoners (Nile bushrangers) had a narrow escape, for if it had been proved, the property was taken in the presence of the prosecutor, they would have been found guilty of the capital offence of robbery. Transported for seven years.


The court then broke up.

Spotlight: Apprehension and Committal of Martin Cash

Colonial Times (Hobart, Tas. : 1828 – 1857), Tuesday 5 September 1843, page 3




On Friday morning a highly respectable Jury was summoned to enquire into the death of Constable Peter Winstanley, who had been shot by Martin Cash, in Brisbane-street, on Tuesday night when in the act of capturing that daring and desperate man, and who expired on Thursday morning, at the Old Commodore. As Winstanley’s body lay at that house, and as he was shot opposite the door, the Jury was summoned to attend there, and accordingly, at ten o’clock on Friday morning the following Jury was impanelled :— Mr. Rout, senior, Foreman ; Messrs. J. Robertson, J. Johnston, J. Wilkinson, E. Howe, W. Lindsay, and S. A.Tegg. Having viewed the body of the deceased, and returned to the jury jury-room, the Coroner, Mr. Champ addressed them and observing that as there would be great impropriety, as must be obvious to them, in having Martin Cash dragged there through the streets, and as it was desirable that he should be present, at the enquiry, it was proposed that the inquest should be held at the gaol ; he also directed the jury to discard from their minds the various contradictory reports they must have heard, and judge the case solely by the evidence to be adduced.

Mr. Rout, the foreman, believed, that, according to a recent law, it was not necessary that the party accused should be present at the enquiry. The Coroner said, as we understood him, that perhaps it was not legally necessary, but in the present instance it was highly desirable. The jury accordingly repaired to the gaol, and about half-past ten the enquiry commenced. The jurors having taken their seats, Martin Cash, was brought into the room, very heavily ironed, so much so, indeed, that he was assisted up the stairs by three persons ; he looked embrowned and weather-beaten ; the upper part of his face was cut and bruised, but the cap which he wore concealed the injuries inflicted upon his head by the constable Thomas Thomas, who broke the butt of his horse pistol in beating him over the head [see his evidence] ; the prisoner was dressed or rather, scantily covered with a flannel jacket and trowsers, ragged at the knee, and exposing his thigh, without shoe or stocking ; he sank into his seat in sullen indifference and sat scowling, and apparently unconcerned, and with his arms folded during the examination of the several witnesses. Before the examination was commenced, Mr. Champ addressed the prisoner, and told him that he had sent for him, in order that he might be present at the enquiry ; so that he might have an opportunity to hear the evidence, and to put such questions, to the witnesses as he might think proper.

Prisoner (in a careless manner) — Oh! there is no occasion to say anything here.

The Coroner wished him to pay attention to the evidence. He had thought it better for the prisoner to be present, seeing that he stood charged with the murder of the deceased, whether rightly or not he, the Coroner could not say.

Mrs Mary Ann Smith.— I am the landlady of the Old Commodore public house in Brisbane-street ; I had known the deceased, Peter Winstanley, for several years ; he was at my house on Tuesday night, when he told me he was a prisoner of the crown, and had two or three months to serve before he got his emancipation ; about twenty minutes before nine on Tuesday night, the deceased was in my bar, having been in the house about half an hour ; I heard a cry of “stop that man!” I ran into the street, and saw a man running a-head of his pursuers, and going down Brisbane-street, towards the Government paddock ; there were a great many people after him, and as near him as the Man of War public-house ; I called to Winstanley, and said, “Peter, come out and stop this man, who has been thieving or murdering his wife ;” the man was running in the middle of the road ; Peter Winstanley came out instantly, and stood in the road, opposite the man who was running ; Winstanley held his arms in the middle of the road ; the other man ran against him with some force, and then drew back a little, and fired ; I did not see with what the man fired, but I saw a flash, and heard a report, I should say of a pistol ; Winstanley cried out, “Oh, Mrs. Smith, I am shot — I am a dead man ;” he came towards me, and leaned against me, and I and my son assisted him into the house ; when he entered the house, he fell on his back ; I cannot tell what became of the other man ; there was a great rush and noise in the street, and I locked the door instantly ; the deceased was standing about two yards from me when he was shot ; I sent immediately for Doctors Meyer and Crowther ; just before I heard the shot, the man who was running appeared to take some-thing from about his breast, and he held out his arm towards the deceased ; there was no one else standing by him ; the flash seemed to come from his hand ; I am quite positive that the man who was running was the man who fired the shot ; I did not see his face ; he was dressed in dark clothes ; there was no light, except from the fire-arms, by which I could distinguish that the man was tall, and that he was dressed in dark clothes ; I did not observe what was on his head, or what kind of trousers he had on ; Dr. Crowther came about five minutes after Winstanley was shot ; he was then lying on the ground, where he fell ; Dr. Meyer was very ill ; he went away, as he could not attend upon the deceased ; nobody had interfered with the deceased, or touched him, before Dr. Crowther came ; he had not spoken at all ; when Dr. Crowther came, the deceased’s clothes were taken off, and he was removed to bed ; I saw a hole in his side before he was put to bed, and while the doctors were examining him, the wound was bleeding ; Dr. Crook was also there, and he and Dr. Crowther attended the deceased till he died ; I saw no other marks of violence on his body ; the deceased died a little before eleven o’clock yesterday (Thursday) morning ; I knew the deceased to have been a constable, but did not call to him in that capacity ; I should have called to any one.

On being asked if he wished to put any questions to Mrs. Smith, Cash replied — “I have no wish to put any questions to the woman ; I don’t know her — what questions should I put to her ?”

In answer to a question by the Coroner, Mrs. Smith said, there were two lamps near — one over her door, and another at the corner of the street, by the church ; she could not at all distinguish the features of the man who fired.

John Price, Esq., Police Magistrate for Hobart Town, deposed as follows :— I know the deceased, as “Peter Winstanley,” he was a constable since the 10th April, 1842, and was attached to the Hobart Town Police Force ; he was not on duty on Tuesday last ; I had sent him up the country on special service, with two absconders in his charge ; constables are always considered to be on duty when their services are required ; I know the prisoner Martin Cash, I know him well ; I first saw him about eighteen months since ; he is a prisoner of the crown and an absconder from Port Arthur ; I tried him summarily and sentenced him eighteen months’ ago, to hard labour in chains for two years, at Port Arthur ; I sentenced him for absconding ; I think, also, he had two years extension of sentence, he being a seven years’ man ; I have seen his name in the Gazette, as having absconded from Port Arthur ; there is no other Martin Cash in the colony ; there is a Martin Cass, but not Cash ; I know of a Proclamation offering a reward for the apprehension of the prisoner, published by authority of the Government ; I have also issued warrants for his apprehension ; this was known generally to the police, but I cannot say whether the deceased knew it ; I issued a warrant for robbing the Coach — a highway robbery, likewise as being a prisoner at large with fire arms ; on being told that Winstanley was dead, Cash said he was glad ; I think it right to say, however, that he sent me a message this morning, saying, he was sorry for the expression he had used relative to Winstanley’s death ; Cash at first refused to have his wounds dressed, until I threatened to use force for the purpose.

The Police Record Book was now produced, by which it was found that Cash had been tried summarily on 2nd June 1842, by Mr. Price & Mr. Gunn, when he received two years’ extension of his sentence, and was recommended to be sent to Port Arthur, he being at large a long time and suspected of having committed several felonies.

Mr. Ebenezer Smith, son of Mrs. Smith, stated, that on hearing the cry of “stop thief,” or “stop that man,” he ran out, and he corroborated so much of his mother’s evidence as proved the shooting of the deceased ; he stated, also, that Winstanley grappled with the man before he drew back and fired ; Winstanley also held the man till some of his pursuers came up, when he let him go, and said, he was a dead man ; the pistol which the man fired was a foot long ; witness distinctly saw it by the flash; the man was running with his arms crossed when witness first saw him ; as soon as he shot Winstanley the people came up and grappled with him ; he struggled a great deal to get away, and kept the people away till he got to the curb, when he fell ; witness thought there were two or three hundred people following him ; when he was down a man beat him with the butt-end of a large pistol, while the people called out — “use him fair, don’t kill him!” The man that beat him was a tall man dressed in light clothes, but witness would not know him again ; witness never lost sight of the tall man from the time he fired at Winstanley till he fell down ; he got by some means to the foot of the sign post, where, in about five minutes afterwards another pistol went off ; witness did not know by whom that was fired ; after this there were cries of “murder him! kick him!” and the man with the pistol beat him again ; he must have been dragged to the sign-post by the movement of the people ; all the time he was on the ground he struggled very much ; witness heard that a man was shot in the face by the second pistol ; about ten minutes after the second pistol was fired, the man was got up and taken to the Penitentiary ; witness could not trace the man’s features, and did not know whether it was the same that shot Winstanley ; he was, however quite certain that the man that was beaten with the pistol was the same as was taken to the Peniten-tiary ; being requested to look at Cash, the witness did so, but said, that he did not see his features sufficiently distinct to enable him to recognize him, he had on a dark dress but no cap when witness saw him.

By the Foreman.—He appeared to have on a close-bodied coat, down to the knees ; his clothes were dark.

Prisoner. — Have you wrote down everything this young man knows about me ?

Coroner. — He has not mentioned you yet .

Prisoner. — Well, the man you think to have been me ; he says had on a frock coat.

Coroner. — He says it was so dark, he did not rightly know ; but I will write it down, if you wish it.

Prisoner. — Ah! well —

John M’Donald. — I live at No. 45, Brisbane-street ; at half-past eight o’clock on Tuesday evening I heard the report of a pistol, in the direction of Murray-street ; I ran out, and saw a man running, and some people crying ” Stop him ;” he turned round the corner into Brisbane-street ; I went up to him, when he said, “They want to rob me ;” I went closer to him, when he said, “If you dare to stop me, you are a dead man!” No one else was near, and I was in advance of the man. On hearing this, I let him pass, but hearing cries of “He is a murderer” I threw off my coat, and feeling an irresistible inclination to stop him, I ran after him ; when near Roxboro’ House, he turned deliberately round, and fired at me — fortunately, the pistol did not go off ; he was not then running very fast, but appeared exhausted ; a man named Cunliffe came up ; he was close to me when the man pointed the pistol ; I think I was rather the foremost of the two ; I could not swear it was a pistol the man pointed at me, as I did not see one, but I heard a snap ; I saw neither flash nor sparks ; we both continued to run, calling — “Stop him, stop him !” we passed several persons, ; some laughed, some stood still ; we came near the Old Commodore, when a man rushed out of the house ; I saw Cash shoot him ; I never lost sight of Cash since I first pursued him. [The witness here corroborated the shooting, as explained by the other witnesses.] Cunliffe and I then closed upon the man, and threw him on his back ; a constable came up, and took up a pistol that was lying on the ground, and beat Cash about the head ; we succeeded in holding him on the ground till other persons came up ; I should not know the constable again who beat Cash with the pistol ; thinking Cash was going to bite my leg, I let go my hold, when Cash took out another pistol, and fired it off at random ; I heard some one say he was shot in the face, and he ran off; I am not quite sure that the constable took the pistol off the ground.

The Coroner here desired the witness to be more particular in his answers, as it was a matter of great consequence to the prisoner, observing that he said just now the constable picked it up.

Prisoner. — He has sworn it.

The witnesses were here ordered to withdraw, and M’Donald’s examination was resumed — I am quite positive Cash is the man ; I never lost sight of him until he was taken to the Penitentiary ; I did not see the pistol fired, but I heard the report and could feel him rummaging about his breast, and I immediately heard the pistol go off ; the constables soon after handcuffed Cash, and lodged him in the Penitentiary ; I did not know the deceased ; neither can I say that the body I saw this morning was that of the person shot by Cash.

By the Foreman. — I could tell by his accent that he was an Irishman ; he spoke like Cash, whom I heard speak at the Penitentiary ; I was leaning over his face, and could recognise his features ; it was dark, but I could see sufficiently for that purpose.

By Mr. Lindsay. — I could not say what dress the prisoner had on ; I believe it was dark ; I will not swear positively, but I think he had a coat on ; I asked the constable his name who struck Cash with the pistol, but he would not tell me ; I took off his hairy cap, put it in Cash’s hat, and gave them to Mr. Gunn. On being pressed, as to his recognition of Cash’s face, the witness said, that when he was in the “Tench,” he saw his face distinctly by the lamps, and he had never lost sight of him ; he could say positively that Cash was the same man that was lodged in the Penitentiary.

By the Foreman — I was six or eight yards behind Cash when Winstanley first came out of the “Old Commodore,” and within two yards of him when he shot the deceased ; he just put out his hands, and touched Cash, when he was shot ; the deceased did not hold Cash after he was shot.

The prisoner declined to ask this witness any questions.

Charles Cunliffe. — I reside in Murray-street, and am a carpenter and joiner by trade ; on Tuesday evening, between eight and nine o’clock, I heard the report of a pistol ; I went out to my gate, and saw a man coming in a direction from Veteran’s Row, in a blue dress ; I ran to meet him, and asked him what was the matter ; he turned round and pointed something at me ; I will not swear it was a pistol, or, if it was, that he snapped it ; he made me no answer ; I then heard a voice behind the prisoner, saying, “stop him — it’s Cash — stop thief!” or words to that effect ; I then pursued him down Brisbane-street, and overtook him near the Independent chapel ; he then turned round, and pointed at me again ; I drew back, and cried out, “stop him — it’s Cash, the bushranger ;” I met three people, who crossed to the other side of the road ; no one was then with me, but some persons were behind me ; we ran till we came to Trinity Church, when I saw a man run across the street. (The witness here corroborated the manner in which the deceased was shot.) After Cash fired, I seized him by the shoulder and said, “you murdering rascal, do you know what you have done ;” I threw him on his back, and M’Donald and I fell upon him ; I did not see M’Donald till I put my hand on Cash’s shoulder ; I put my hand on his throat, and my knee on his chest, a constable came up, to whom I said, “keep off, for God’s sake — he has got fire-arms about him ;” other persons then came up, and as they were taking Cash’s fire-arms away, a pistol went off, and slightly wounding me in the hand, shot a person in the face ; Cash was then secured, and conveyed to the Penitentiary ; he was there searched, and one or two watches, and some notes, were taken from him, but no fire-arms ; I recognise him as the same person I had seen conducted to the Tench ; he was smothered with blood, so that Mr. Gunn could not recognise him ; the prisoner Cash is that man ; I did not call out to the prisoner to stop till I captured him ; the man who ran out of the Old Commodore must have heard me say, it was “Cash, the bushranger ;” he must have heard me a quarter of a mile off from the way I hallooed ; I did not know at the time who that man was, but I have since heard he belonged to the police ; I do not recollect whether I saw any pistol at the time Cash was taken ; there was one went off at the time, which I felt, but I did not see it ; my hand was on the muzzle of the pistol, when it went off.

By a Juryman (Mr. Howe) — I saw a constable beat the prisoner on the head with something that I heard was a pistol ; this I prevented ; this pistol could not be the one that went off.

Thomas Thomas. — I am a constable, and was on duty, with constable Agar, on Tuesday night, in Murray-street, near the Blue Bells of Scotland public-house, between eight and nine o’clock ; I saw two men coming down the street, a tall one and a short one ; they came from Brisbane-street towards the Blue Bells of Scotland ; they stopped, while Agar and myself kept out of sight ; we then stepped out to them, when the short man asked Agar “if he knew a man named Pratt about here?” Agar said he did not exactly, and asked me if I knew him? I said, I did not exactly, but there is a man of that name living hereabouts, on the other side of the creek, first house on the right, up a sort of alley ; the short man went up towards the house, about twenty yards ; the tall man stood with me, and Agar went after the short one ; the short man turned back, and said to the tall one, “here, I want you!” he was away about a minute, but did not go into the house ; the tall man took no notice, but went on towards Brisbane-street, and I kept behind him, Agar going with us ; the tall man must have heard the other ; he quickened his pace and began to walk very fast, and set to running, when I ran too, and said, “you must stop, my man ;” he stopped directly, and pointed his pistol at me and fired ; I was ready for him, and fired at the same time ; I saw his pistol most distinctly ; he then set off running very fast, and Agar and I ran after him down Murray-street, towards Brisbane-street ; before he reached Brisbane-street, he stopped, and pointed his pistol two or three times, but did not fire ; I pointed mine too, but I had nothing in it ; we stuck to him ; I could not see the pistol ; another man came up, and Cash fired again, but whether at me, or Agar, or the other man, I cannot tell ; he actually fired in Brisbane-street, about one hundred and fifty or two hundred yards from the corner; I do not know the other man who first came up ; I am quite positive Cash fired, I saw the flash ; Cunliffe had not joined us at that time ; this was in Brisbane-street, about one hundred and fifty or two hundred yards from the corner of Murray-street ; when Cunliffe joined us he asked what was the matter? I was now getting “winded,” and Cunliffe being fresh, I said to him, “my good man, take him if you can, it is Cash, follow him up ;” Cunliffe pursued him ; he joined us first-near Elizabeth-street.

The Coroner here directed Cunliffe to be re-called, when Cash said, “Can’t you take one man’s statement at a time? You had better call them all up at once, and tell them what to say.” Thomas recognised Cunliffe, who said, that Thomas had told him that it was Cash the bushranger.

Examination continued — I followed the pursuit, raising a hue and cry with the others, till we came to the Old Commodore, when the man Cash was down ; I then set to, and being satisfied it was Cash, struck him on the head with my pistol ; this pistol I had from Mr. Symonds, Chief District Constable ; I broke it beating Cash, about the head ; I beat the man because I thought I stood a good chance of being shot if I did not secure him ; when the pistol broke I seized him by the throat, and called upon Agar, who had a thick pair of boots, to kick him about the head ; when he was nearly strangled and pretty quiet, I called to Agar to put the handcuffs on ; while putting on the handcuffs, Agar took a pistol from

him, which went off at the same moment ; Agar has that pistol ; (it was a small pistol, the barrel of which corresponded with the ball that was taken from Mr. Oldfield’s cheek 😉 the prisoner had the pistol in his hand when Agar took it from him ; when the pistol went off, I called out to Agar to give it him in the head ; it was the only chance we had ; he was then handcuffed and taken to the Penitentiary ; I should know the man again ; the prisoner Cash is the man ; I did not hear any one call out anything besides “stop thief, and stop him!”

Constable Agar corroborated the testimony of Thomas, and Drs. Officer and Crowther deposed to the cause of the deceased’s death, occasioned by the wound inflicted by the pistol shots, which had penetrated the anterior portion of the left lung, and lodged in the opposite side of the body, causing considerable hœmorrhage.

On being asked if he wished to say anything in his defence, Cash said, it was of no use saying anything there ; he begged the jury to notice the quantity of false swearing that had been adduced, and observed that, because there was a reward offered for him, the witnesses had sworn that he had arms about him sufficient to shoot all Hobart Town.

The Coroner addressed the jury, and, in a plain and lucid manner, placed before them the leading points of the case, and after a consultation of nearly half an hour, they brought in a verdict of “wilful murder against Martin Cash.”

The Surveyor-General was present during nearly the whole time, till half-past four o’clock, and a few respectable persons were admitted into the jury room. We beg to express our thanks to Mr. Champ for the urbanity and readiness with which, when the jury was adjourned, he acceded to our request for permission to attend the inquest in the jail.