John Clough was called, and deposed: I am in the employ of Mr. Plunkett, at Talbragar; I remember the day that constable Ward was shot; I saw the prisoner in that neighbourhood the day after Ward was shot; I was coming through the scrub, and I saw him covering me with a gun; he asked me where I was going, and on my telling him that I was going to Mr. Plunkett’s, he said, “Go on, or I will give you one too,” Pointing to the gun and a pistol that was lying near him on a log. The gun shown me (one that had been cut down in the barrel) is the gun he had; it had a piece of leather near the nipple like that now on the gun; I did not notice the pistol-could not swear it was a pistol; the prisoner was dressed in a serge shirt and corduroy trousers like those worn by the prisoner now; he had a hat like the prisoner’s.
R.— Intelligence reached Melbourne, yesterday of the self-destruction of John Francis, the approver in the Escort robbery. The affair occurred yesterday morning at the Rocky Water Holes, a few miles from Melbourne, and from what can be as yet ascertained, it appears that Francis and the other persons in custody on their way to Melbourne, stopped at the Water Holes on Monday night.
Mr. Read complained to the Court that his clients were placed at the bar in shackles, which was a breach of the constitutional law of England. The accused should be allowed to come up free in mind and in body, and he hoped the bench would not permit such a violation of what was the privilege of every man previous to conviction. He also com-plained of being prevented from communi-cating with his clients, as otherwise he could not undertake to do justice to their defence.
Yesterday, at the District Police Court, the following prisoners charged with being concerned in the robbery of the Private Escort Company, were brought up handcuffed for examination:— George Elston, Robert Harding, Edward McEvoy, George Wilson, George Melville, and William Atkyns. Agnes Atkyns, his wife, was also accused of being an accessary after the fact. The female prisoner was greatly excited, and was accommodated with a seat under the Bench. She frequently interrupted the proceedings by her sobs, when the evidence was such as to affect her husband.
Mr. Read appeared for the prisoners, and applied to have their handcuffs removed, which was immediately done. He then stated that he had been refused all intercourse with his clients, and prayed for permission to put himself in communication with them, which was granted.
Thomas Maslen, who appeared, on remand charged with threatening to avenge the death of Morgan, by shooting Wendlan, was again brought before the Court.
James Smith, Thomas Brady and William Happenstein, three men in the garb of bushmen, were charged with robbery under arms, and attempted murder at Wooragee. Mr Superintendent Barclay said that the defendants had been to a certain extent identified by some of the persons who were present when the robberies took place; as, however, they had only been arrested on Saturday afternoon, he would ask for a remand, in order that proper enquiries might be made. Remanded till Monday next. Continue reading Spotlight: Smith and Brady on Trial (22 October 1872)
James Mount alias Gordon alias the “Old Man,” and James Dunleavy were charged with, on the 7th day of July, 1861, assaulting and robbing William Brandon, and taking from him a quantity of letters, the property of himself and another.
Mr. Dalley applied for time to plead on behalf of Dunleavy, which was granted.
Gordon, after having objected to be arraigned by any other name, pleaded guilty. His Honor reserved sentence. Continue reading Spotlight: Bushrangers in court in Bathurst (13 April 1865)
Goulburn Herald and County of Argyle Advertiser (NSW : 1848 – 1859), Saturday 14 March 1857, page 3 TRIAL OF GIPSEY SMITH AND TWIGHAM, FOR THE MURDER OF SERJEANT McNALLY. AT the CASTLEMAIN CIRCUIT COURT, on the 26th February, William Twigham was placed at the bar, indicted for the murder of Serjeant McNally, at Mount Ararat, on the 16th October last. Mr. McDonogh appeared for the prisoner. The prisoner pleaded not guilty. The facts of this case have been already published. The deceased and another police constable were in the pursuit of a man named Turner alias Gipsy Smith, an … Continue reading Spotlight: Trial of Gipsey Smith and Twigham, for the Murder of Serjeant McNally (1857)
Gentlemen, I never was a coward, and I feel nothing out the meanness of convicting myself in the judgment of the public by any such an act as that. When I die I will not die by my own hands, but will die as a man and as a Christian; and to have done such a thing as that would have been signing my own death-warrant. I see that as the case has been laid before you, the evidence is calculated to convict me. But can you not see the motive and spirit of that case? On the other hand, can you not see the motive of the case which I wish to prove to you by the evidence which I would lay before you in my favour, if I had the liberty to do it. If you can question the motive of a man who would call on the men hired to shoot him to death, on other men who saw all, and have no motive to speak in his favour but only the motive of speaking the truth, and on others who are also the men to stand their trial for the same crime I have done. I must submit to die, and I shall be happy to leave a life where no justice can be done to me. Continue reading Spotlight: Melville’s Defence and Charges Against the Convict Superintendent (1857)
Geelong Advertiser and Intelligencer (Vic. : 1851 – 1856), Wednesday 5 January 1853, page 2 NOTORIETY. — Dragged from the sinks of crime into public notice, Captain Melville and his associate Roberts stand prominently forward, challenging notoriety. Every examination adds to the sum of their crime, and rumour, busily at work, invests them with fictitious attributes, to satisfy a morbid craving after depravity, the more palatable because the more debased, and having but one saving quality — that of unmistakable courage unmixed with cruelty. The poor wretch who pilfers a pocket handkerchief, and slinks away to some den, is looked … Continue reading Spotlight: Notoriety (Geelong, 1853)