Sydney Mail (NSW : 1860 – 1871), Saturday 4 February 1865, page 6
[From the Herald’s Correspondent.]
INQUEST ON CONSTABLE NELSON
On Friday last Dr. Waugh, coroner, held an inquest at Mr. Kimberley’s Inn, Collector, on the body of Samuel Nelson, who was shot by the bushrangers on the previous evening. The following witnesses were examined:—
Mr. Edwards, who gave similar evidence to that given at the magisterial investigation, and which has been already published.
Maurie Mellan deposed: I am a labouring man, looking for work; yesterday afternoon I was stuck-up by bushrangers and detained till near dark; I remained at the spot all night and this morning, coming towards Collector, when within about a hundred and thirty yards of this house I found two single barrelled fowling-pieces which had apparently been thrown carelessly down beside a tree; I gave them to the police; I believe the bushrangers were Gilbert, Hall, and Dunn.
Constable Bourke deposed that one of those guns was loaded with two balls, the other was not loaded.
Frederick Nelson, aged about eighteen, eldest son of deceased, deposed: I am farming about Collector, and resided with my father, the deceased; my father was named Samuel Nelson, and was lock-up keeper here; he was aged about thirty-eight years, and had been in the police force here about seven years and a half, and had previously been in the police force at Moreton Bay; I had tea with my father yesterday evening, and afterwards went over to Mr. Waddell’s and remained there about half an hour and on leaving I saw my father in constable Bourke’s yard; he left and walked towards home; I did not speak to him as he was a good way off; I had heard that the bushrangers were at Kimberley’s, and went towards there to see if it was true; on my way I met Mr. Edwards, who told me it was true; while I was going towards Kimberley’s my father was also doing so, but from a different direction, and got near the house before I did; when my father got near a fence close by the house, a bushranger sprang from behind the fence and called to my father to stand, and fired immediately afterwards, on which my father staggered into the road and called out “Oh!” the bushranger fired again, and my father fell; I was inside the fence at this time, and about ten yards from my father; the bushranger called on me to stand, but I ran away, on which the bushranger fired at me, but did not hit me; it was light enough for me to see, but not to recognise the man who shot my father; I spread the alarm through the township of what was going on, and after a while my brother came and said that the bushrangers had gone, on which I went up to Kimberley’s and found my father’s body had been taken inside the house; he was quite dead; while this took place my brother was compelled to hold the bushrangers’ horses outside Kimberley’s house, having before this been compelled to march there, a distance of three miles; when my father fell I heard his carbine fall from his hands on to the ground.
Dr. Hanford deposed: I have made a post-mortem examination of the body of the deceased; on examining the body externally, I found a bullet wound midway between the nose and the ear on the left side of the face ; also a wound, two inches long and two and a half inches broad, on the left side of the chest, and twenty shot marks round the wound ; the wound took an oblique direction downwards; the stomach was protruding through the opening; on examining the cavity of the chest, I found the heart lacerated to the extent of one and a half inch at the anterior and lower half towards the left side; the remaining viscera were healthy; on examining the abdomen, I found several shots in the liver, and a portion of a wire cartridge with several shots in it, which I produce; the shots correspond with those I have just taken from a wire cartridge given to me now; the stomach was perforated, but the other viscera were healthy; the fifth, sixth, seventh, and eighth ribs on the left side were fracture; the brain and membranes were uninjured; the ball most probably, passed into the deep muscles of the neck, as I could not trace its course; death resulted from the wound I have described and no other cause.
Elizabeth Nelson, widow of the deceased, deposed: Yesterday evening I got word that the bushrangers were at Kimberley’s; deceased was out but was speedily found, ran home, put on his belt, took his loaded carbine with the bayonet on it, and left the house saying, “now, I am just going to do my best;” I did not again see him alive.
Thomas Kimberley gave evidence to that already published, and added: The bushrangers brought down from upstairs and took away two single-barrelled fowling-pieces, both loaded with cartridge; the guns now produced are the same; the bushrangers took from me property to the value of about £26, consisting of boots and men’s and boys’ clothing, and a six-barrelled revolver; directly after they went away some of the people who had been brought here or stuck-up by them, went to deceased and found him quite dead; I have examined the place where deceased was found, and ascertained that it is about twenty yards from where the bushranger stood when he fired.
Thomas Mensey, a bootmaker, deposed to having been stuck up by three bushrangers and kept in custody till nearly dark; afterwards returned to Mr. Kimberley’s, when he met the same parties within a hundred and fifty yards of the house; believed them to be Ben Hall, Gilbert, and Dunn; at Kimberley’s was told the bushrangers had just left.
Eliza Mensey, servant at Kimberley’s, deposed: I was here yesterday when the house was stuck-up by bushranger; I went upstairs with one of the bushrangers with the keys to open the drawers; he remained there a few minutes and conversed with me; he told me his name was Hall, and that the man outside on guard was Dunn; I was standing on the step outside the front door when the shot was fired; the man who fired the shot was the man Hall called Dunn.
The jury returned a verdict that deceased was wilfully murdered by John Dunn, and that Benjamin Hall and John Gilbert were aiding and abetting. The jury added a rider strongly recommending the family of the deceased to the favourable consideration of the Government.
Goulburn, January 28th.
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We have been kindly favoured with the following extracts of a letter from Mr. District Judge Meymott to his brother, Dr. Meymott. It bears date, Gunning, January 28th, and the writer says :—
I am thankful to be able to tell you that I have arrived safely at this place, about halfway between Goulburn and Yass. But though my journey from Goulburn has been safe, it has not been without adventure.
I left Goulburn about eleven forenoon, on Thursday, the 26th, escorted by two mounted troopers, one in advance, and the other immediately behind my carriage. I came by way of Collector, partly to visit Mr. Murray and partly in hopes of avoiding the bushrangers who were known or believed to be between this place and Goulburn. However instead of avoiding them, I fell in with them. After having journeyed about eighteen miles, we had to descend rather a long hill winding through thickly wooded country. At the bottom of the hill was open country, and a lagoon called Rose’s Lagoon on the left; on the right, rising hills highly timbered near the base, but increasing in thickness of bush towards the top, where it became dense forest.
When near the lagoon, the trooper in advance gallopped on towards the hill on the right, making signs to the man behind to follow, which he very soon did, and away they went at high speed up this hill. I drove gently on down towards the lake, and, on nearing it, I saw eight or ten people under a tree near the water, about fifty yards off the road, and two drays and a cart, and several horses. I drove up to them and found they had been there, some two or three of them, since six in the morning (it was then past two), having been stuck-up by Ben Hall, Gilbert, and Dunn; the number of persons stuck-up increasing as the day wore on. The spokesman told me that the ruffians had only a short time before lit a fire and ordered him to make tea for them, and they were about to have a meal (other prisoners being found in the cart) when Dunn, who was on the look-out, spied my advance guard through the trees about half a mile off, and called out “Here’s a —— trap!” Gilbert said, “If there’s only one let’s face him.” Directly afterwards, my carriage and the other trooper coming in sight, Ben Hall said, “No, there’s more of them, let us be off.” So saying, they leaped on their horses and galloped away as hard as they could up the hill I have described, and it was on my advance guard seeing them in the distance, that he put spurs to his horse and made towards that hill. A few moments after I had joined the bailed-up party, my troopers returned, having lost sight of the bushrangers in the thickness of the bush. When the police heard who the men were, for they did not and could not know before (especially as they were fully a mile ahead when the trooper first saw them), they were desirous of going in pursuit.
Mr. Voss, a magistrate, came up at that time, and, after a little consultation, it was thought best for us to come on to Collector. So we parted from the captives, who were very glad to be released, and came on to Collector. Mr. Voss, with what force he could collect, intending to go in pursuit of the bushrangers, and myself proceeding onward to Mr. Murray’s, about a mile and a half farther, which I reached in safety shortly after four o’clock.
But the exciting events of the day were not yet over, the worst part remains to be told. About eight o’clock in the evening, Mr. Edwards (Mrs. Murray’s brother), came in with the news that the highwaymen had been in to Collector, and had robbed one or two stores, and that while Hall and Gilbert were in a public-house and store kept by Mr. Kindesley, or some such name, (Dunn watching outside,) a policeman was seen to approach, and Dunn shot him dead on the spot. The gang then made off from the place, and, according to rumour, fell in with Mr. Voss and his party. Some shots were exchanged, and the thieves escaped, minus one horse, saddle, and bridle, which are now in custody of the police at Collector. Mr. Edwards also said he had heard that before leaving Collector, the robbers had been heard to state that they meant to visit Mr. Murray’s.
This news, of course, created some excitement, but I am pleased to say, no weak, foolish fear among the household. All the available men and arms were, as speedily as possible, collected, the entrances secured, and watch was kept by turns all night.
About ten yesterday, the police came to Mr. Murray’s, to escort me onwards; but as the bushrangers were still hovering about in the neighbourhood, I thought it best not to take away two out of the three policemen in the place, and that it was much better for them to stay where they were, in case their services might be needed. So we kept watch, and were all day under arms at Mr. Murray’s, and the police kept a good look-out about the town; but all remained quiet.
This morning I heard of one report, that the gang had come on this way with the determination of attacking me for interfering with them the day before; but another report seemed to be more likely to be correct, viz. that they intended to waylay me and see me safe on the road for some miles with the police, and then to go back and finish robbing the town.
I left Mr. Murray’s about 10.30 a.m. with the two troopers and a civilian who was coming this way, and arrived here in safety. We met two villainous looking fellows on the road, whom the senior constable (Bourke) questioned, but could elicit nothing from them. They were doubtless Ben Hall’s scouts, and I think it very possible these fellows would soon have told Hall that I had passed on and that the gang would return to finish their work at Collector. If they do, they will meet with a warm reception, for special constables have been sworn in, and everybody round is prepared to give them battle.