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THE SUPREME COURT,
OF VAN DIEMEN'S LAND.
MONDAY.—William Pillinger was tried
on a charge of having stolen a bull and an
ox, at Spring-Hill, on the 15th of August,
1823, each of the said animals being valued
at £10, and both belonging to Edw. Lord,
Esq. The principal evidence for the crown
was Thomas Burrell (stock-keeper to Mr.
Lord), who underwent an acute cross-exa-
mination by Mr. Solicitor Ross, and whose
testimony not being thought sufficient to
establish the crime alleged, was with can-
dour summed up, and submitted to the Jury,
by whom an Acquittal was immediately
pronounced.
Alexander Pearce, a convict, was arraigned
for the murder of a fellow-prisoner
named Thomas Cox, at or near King's
River, in the month of November last, and
he pleaded—Not Guilty.
The circumstances which were under
stood to have accompanied the above
crime had long been considered with
extreme horror. Report had associated the
prisoner with cannibals; and recollecting as
we did, the vampire legends of modern
Greece, we confess, that on this occasion,
our eyes glanced in fearfulness at the
being who stood before a retributive Judge,
laden with the weight of human blood, and
believed to have banquetted on human
flesh! It was, therefore, with much satisfaction
we heard His Majesty's ATTORNEY-
GENERAL, whilst candidly opening his
case for the prosecution, entreat the Jury
to dismiss from their minds all previous
impressions against the prisoner; as, however
justly their hearts must execrate the
fell enormities imputed to him, they should
dutiously judge him, not by rumours—but
by indubitable evidence. The Learned
Gentleman then proceeded to detail,
certain confessions made by the prisoner,
before the late much-lamented Lieutenant
CUTHBERTSON, (Commandant at Mac-
quarie Harbour), and at his examination
by the Rev. ROBERT KNOPWOOD—confes-
sions which, although in some respects in-
consistent, would yet, when coupled with
all the facts, merit the most serious at-
tention. From them it appeared, that as
other evidence would prove the prisoner
and the deceased, on the 13th November,
absconded from their duty into the woods,
each of them taking his axe, and the prisoner
being heavily ironed;—that they for
several days wandered on without provision
and reduced by weakness, until, on
the following Sunday evening, the deceased
and prisoner arrived at King's River;—a
quarrel then arose because the deceased
could not swim, and after prisoner had
struck him on the head three times with
his axe, the deceased seeing him about to
go away (his irons having been knocked
off), said, in a faint voice, "for mercy's
sake come back, and put me out of
my misery!" Prisoner struck him a
fourth blow, which immediately caused
death; he then cut a piece off one thigh,
which he roasted and ate, and after putting
another piece in his pocket, he swam
across the river, with an intent to reach
Port Dalrymple. Soon afterwards, however,
he became so overwhelmed with the
agonies of remorse, that he was constrained
to re-cross the river, and, on seeing a
schooner under weigh from the Settlement,
he made a signal-fire, which on being seen,
induced the pilot boat to put off and take
him on board. He was then conveyed to
the harbour, where he publicly owned the
murder, and said "he was willing to die
for it." The Attorney-General concluded
a thrilling tale of almost incredible barbarity,
by calling
Thomas Smith, who swore, that in No-
vember last he was coxswain to the Com-
mandant at Macquarie Harbour; he knew
the prisoner and the deceased; they ab-
sconded from Logan's gang on the 13th;
on the 22d, Pearce made his signal-fire on
the beach, near King's River, and was
taken back to the Settlement; he said
"Cox had died, and he had cut off a bit
of his flesh to shew what had become of
him." Witness, on the following day was
ordered by the Commandant to go with
prisoner, and get Cox's body; he went,
and it was found. The head was away,
the hands cut off, the bowels were torn
out, and the greater part of the breech and
thighs gone, as were the calf of the legs,
and the fleshy parts of the arms. Witness
said to the prisoner, "how could you do
such a deed as this?" he answered, "no
person can tell what he will do when driven
by hunger." Witness then said, "where is
the head?" the answer was, "I left it with
the body." Witness searched for and
found it a few yards off under the shade of
a fallen tree; witness then picked up what
appeared to be the liver of the deceased,
and an axe stained with blood, on which
prisoner was asked "if that was the axe
with which he had killed Cox," and he answered,
"it was." The fragments of the body
were quite naked; near them were
some pieces of a shirt, and the cover of a
hat. There had been a fire near the body, and
not far from it lay a knife, which witness
picked up. The body was then placed
in two rugs, and witness, with the prisoner,
returned to the Settlement. Prisoner
on being asked "where Cox's hands were,"
said "he had left them on a tree where
the boat landed;" a search was then made
for them, but they could not be found.
Prisoner said, "he had cut off Cox's flesh
to support him on his intended journey to
Port Dalrymple, but when he had crossed
the river, something came over him, and
forced him to return; he threw the flesh
into the river, made a sign, and gave himself
up."
William Evans, of the Waterloo schooner,
had gone on shore to take the prisoner,
who said, " Cox was drowned in the King's
River." Prisoner's hands were fastened,
and his pockets searched, in one of which
was a piece of flesh; he was asked "what
that was?" and said, "it's a piece of Cox,
and I brought it to shew that he is lost."
Witness heard the Commandant say to
prisoner, "tell me, Pearce, did you do
the deed?" prisoner answered "yes, and
I am willing to die for it." Witness asked
him "why he had killed Cox ?" he said,
"I'll tell no man, until I am going to
suffer."
Many other witnesses were then called,
who corroborated the above depositions
in every essential point; and proved, that
the clothes and hat, worn by the deceased
when he absconded, were those which the
prisoner wore when he was taken on board
the pilot boat; but that the hat covering
had been taken off.
The prisoner's written confessions were
afterwards most fairly commented on by
the CHIEF JUSTICE, who addressed the
Jury at considerable length with much
solemnity, and submitted to their consideration,
whether or no it was fully proved
that the deceased had died from blows in-
flicted by the prisoner? and then, even if
he had so died, whether, as a quarrel had
been stated to have occurred before death,
the prisoner was guilty of the crime
charged, or of manslaughter? The Jury
retired for a short time, and found a ver-
dict of—Guilty.
TUESDAY.—Charles Brown and Elijah
Major were placed at the bar on a charge
of forgery, with intent to defraud James
Stynes, but remanded on a truly humane
suggestion by the ATTORNEY-GENERAL,
that as it was doubtful if Brown had not
already suffered the penalties of a conviction
for the offence now charged, he should
he allowed to urge that fact on argument
by Counsel, and afterwards plead to the
merits of the accusation. The prisoner
then solicited the Court, in its bounty, to
furnish him with Counsel, and Mr. Solicitor
Ross, in a liberal manner, undertook
to appear for him.
Thomas Pearson and John Clarke were
then arraigned for a forgery on Messrs.
Champion & Co., with an intent to defraud
John Ivey Wilson. Pearson pleaded—Not
Guilty, but the Jury deciding that Clarke
was an idiot he was remanded to goal, and
Pearson was tried alone.
The prosecutor, deposed, that he kept
the Bee Hive, in Murray-street, and knew
the prisoner as well as Clarke. That the
note alleged to be a forgery was for four
dollars, which had been changed at his
house in January last, for Clarke, who im-
mediately afterwards passed the change
into Pearson's possession. Clarke was the
servant of the prisoner, (witness was
shewn the note, and swore to its identity.)
Shortly afterwards the note was tendered
to Champion & Co., who pronounced it a
foigery. Witness then called at the pri-
soner's, to see Clarke on the subject, and
a day or two after the prisoner absconded.
Champion & Co.'s clerk proved the note in
question a counterfeit, and the JUDGE
summed up impartially. Verdict—Not
Guilty.
The same prisoner was again arraigned
for a similar forgery on the same firm, with
intent to defraud a publican, named Maycock.
But the ATTORNEY-GENERAL hav-
ing no stronger evidence to offer in this
case, than the Jury had thought incom-
petent to support the other, declined pro-
ceeding, and the prisoner was discharged.
WEDNESDAY.—Rex, on the prosecution
of W. Talbot, Esq. v. William Kermode,
Esq. and Dr. Hood.
The ATTORNEY-GENERAL moved for a
new trial, on the following grounds, viz.—
That the verdict of not guilty which had
been returned, was contrary to the evi-
dence, and that the Jury had been mis-
directed.
The Learned JUDGE, after remarking
the peculiar circumstances which alone, in
his opinion, justified a renewed risk to an
accused party, after he had once been ac-
quitted, was pleased to grant a Rule Nisi,
returnable on the first day of next Term,
for the Gentlemen who had been defend-
ants in this case, or their Counsel, to shew
cause why a new trial should not be
granted.

Brown and Major were tried, on their
arraignment of yesterday, for forgery on
Stynes. Verdict—Guilty.

THURSDAY.—Hugh Green was mercifully
sentenced, for manslaughter (under cir-
cumstances of great provocation, on the
part of the deceased, James Miller, one
of our compositors), to imprisonment for
one calendar month, to be computed from
the time of his commitment for trial, to a
fine of one shilling, and to further imprison-
ment until that fine be paid.

Joseph Bond Clarke, a convict, was then
arraigned for a forgery, on Daniel Stan-
field, senior, of Green Point, with intent
to defraud Mr. George Carr Clark, of Ho-
bart Town ; to which arraignment the pri-
soner pleaded a previous conviction before
a Bench of Magistrates, and the receipt of
corporal punishment, as weil as banish-
ment to Macquarie Harbour, for the same
offence. But after Mr. Solicitor CAUTLEY
had argued at some length in support of
that plea, which the ATTORNEY-GENERAL
opposed, first, because a Bench of Magis-
trates was not a competent Tribunal to try
capital offences, and secondly, because
the record of their proceedings stated the
prisoner's offence to be not forgery, but a
conspiracy to defraud by forging, &c.
The Learned CHIEF JUSTICE suggested the
propriety of deferring all further argument
on the subject, until it might become ne-
cessary in arrest of judgment, and with
Mr. CAUTLEY'S acquiescence, the trial was
immediately proceeded with.

George Lowe deposed, that six months
or more ago, the prisoner wished him to
change a note for £50, drawn by Stan-
field, in favour of the prisoner or bearer,

which at first he consented to do, partly in
cash, and partly in goods ; but ultimately
he declined, from a suspicion of its being
forged. The name of Margetts was on the
note, and witness's clerk read it. It was
given up by witness to one Frazier.

Mr. G. C. Clark received a bill of ex-
change for £50, from the prisoner, in the
month of June or July, 1823 ; it purported
to be drawn by Daniel Stanfield, on Mr.
Margetts, of Hobart Town, and payable to
the prisoner. Witness is agent to a Mr.
Curr, and took the bill as security for a
debt due to his estate, from one John
Thomas. Witness presented the bill for
acceptance, but Mr. Margetts said there
existed a running account between him and
the drawer ; he could not owe him so
much as £50, and must therefore decline
accepting a bill for that amount. Witness
presented it, when due, ito Stanfield for
payment, but it was pronounced by him a
forgery.

John Popkins stated he was Lowe's ser-
vant ; that the prisoner took a note or bill
for £50 to Lowe's house, about 12 months
ago, and wanted change for it; but wit-
ness's master was doubtful as to its being
genuine; it was drawn by Daniel Stan-
field. The bill produced in Court resem-
bled it, in every particular.

Daniel Stanfield, junior, examined the
bill, and swore that its signature was
not in the hand-writing of his father,

although it bore a close resemblance.

The JUDGE pointed out every essential
to the Jury, who returned a verdict of—
Guilty.

John Thompson, Isaac Walker, James
Tierney, Patrick Connolly, George Lacy, &
George Saxton, convicts, were placed at the
bar, in heavy irons, & arraigned on two In-
formations, the first of which charged them
with assaulting on the highway Patrick
Brodie and Thomas Osborne, and after
putting them in bodily fear, stealing a watch
from the said Patrick Brodie, and a gun
&c. from the said Thomas Osborne, the
property of his master, Lieut. Gunn;—the
other alleging a burglarious entrance and
robbery in the house of Mr. W. H. Mason,
at the Tea-tree Brush, in the night of the
20th instant.—The prisoners pleaded—
Not Guilty to the first charge, and were
anxious to plead Guilty io the second;—

but on the humane exhortation of the CHIEF
JUSTICE, they pleaded—Not Guilty.

The ATTORNEY-GENERAL then in concise
but solemn and emphatic terms, developed
the case for the prosecution.—He said,
that he had hoped at the opening of
this Session the ranks of crime would have
daily become thinner ; but alas ! on the
contrary, fresh enormities were continuing
to spring up faster than law could record or
justice pursue them ;—And although he
would not state any thing in needless ag-
gravation of the guilt he had imputed to
the prisoners, yet he must be permitted to
contend, that if he proved that guilt, and it
were suffered to escape condign punish-
ment, then would the property and even
lives of all the respectable community be
endangered.—The prisoners at the bar had
for previous delinquency in this Colony
been banished to Macquarie Harbour,
whence they lately contrived to escape;
after which, the first & indeed the only acts
they did were those of criminal defiance to
retribution. It really was not to be indured

that public tranquillity should be outraged,
and the repose of individuals destroy-
ed by callous desperadoes, who, from their
previous escapes, through judicial lenity,
seemed encouraged to perpetrate further
misdeeds, and brave an ignominious end,
rather than " to turn from their wickedness,
and live."

The ATTORNEY-GENERAL then called
Thomas Osborne and Mr. Brodie, who dis-
tinctly corroborated each other in proof of
the first allegation ; and the burglary was
deposed to by Mr. Mason, Captain Laugh-

ton, and Mr. J. C. Underwood, whose con-
current testimony established that the
prisoners were guilty, which was further
shown by Mr. Pitt, the Chief Constable, who
had taken from the prisoners on their ap-
prehension, many of the articles stolen from
Mr. Mason's house, and sworn to by him,
and the other two Gentlemen, as being
their property. We should state, that when
the ruffians first broke in, a scuffle ensued
between one of them and Mr. Mason ; that
both had pistols, which they attempted to
discharge, and that both their pistols miss-
ed fire ; that afterwards Mr. Mason was
knocked down with the butt end of a musket,
and beat in a very cruel manner, and that
Messrs. Underwood and Bethune, with
Captain Laughton, whilst the robbery was
being effected, were stood over by several
of the gang, armed with muskets, &c. who
menaced them with death, if they dared
to move ; and said, if ammunition were
not given, they would frisk the crib !

The CHIEF JUSTICE appropriately char-
ged the Jury, and those Gentlemen de-
creed all the prisoners—Guilty.

The ATTORNEY-GENERAL then rose, and
prayed the judgment of the Court. The
prisoners were asked, why judgment should
not be pronounced against them ; they re-
plied it was their hope, that time might be
allowed them, to prepare to meet their
God ; after which they were thus address-
ed by the Learned JUDGE, who appeared
much affected with the awful situation in
which they stood :—

"Prisoners at the bar, you have several-
ly been found guilty of the Charge laid
against you in the Information. The evi-
dence which has been produced, has been
such as to lead the Jury, after a very short
deliberation, to find you all guilty ; and
however painful may be my feelings, I am
bound to say your guilt has been fully pro-
ved. You have been asked why judgment
should not be pronounced against you ;—
you have urged the hardships you exper-
ienced at Macquarie Harbour ; but this is
no justification, for if such conduct as yours
is to be allowed, no man's property or per-
son, or life will be safe. You made your
escape from those hardships ; and the first
act you afterwards committed was that of
violence and robbery. I should not do jus-
tice to you or the Public, were I to give you
the slightest hope of mercy ; and though it
is my duty in this case to pass sentence up-
on you, yet remember that there is a Tribu-
nal where mercy may be obtained, and be-
fore which you must soon appear, and for
which I would urge you to prepare. Your
sentence is, that you be removed from this
place to that from whence you came, and
from thence to be removed to suffer the
awful sentence of the Law, which is Death."

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