years j I have ßecn him nt Binnalong several times ; I know him well ; I could not make any mistake ; I was on a pony when fired at, I was not on foot ; I was a very few yards in front ; I had been in company with him on ths 12th June about 200 yards ; I spoke to him and called lum by hil name, in which name I gave information against him at the Bench ; I am sure I heard him direct his comrade to come back ; he was also armed ; I was prepared to meet him at the time, and the prisoner's comrade was in the act of gal- loping after me with his comrade's pistol in his hand ; his comrade was 200 yards behind : xny pony did not start directly I was wounded ; I was rather stunned, and I heard him order his comrade to fire, when I ' immediately galloped off; I heard the
pistol of his comrade cocked, and I galloped about 200 yards, when I heard Murphy say come back ¡ I heard the horse galloping after nie, and he was gaining on me ; I did not fire ; my pistol was loaded ; I was not near enough ;
. this was about an hour before sundown, it was
light, and I was not more than ten or fifteen minutes in his company ¡ not more than ten 'r minutes ; I have seen the prisoner breaking-in
horses at Binnalong ; I was not aware of any charge being preferred against him ; the Prisoner wore moleskin trousers, tweed coat,
ark vest, and Californian hat with black ribbon, and rode a chesnut horse, and had a pistol, a rifle j it was a dctender ; I never saw it after ; there was one produced, but I could not Bwear to it; I was not more than five Ïards in front ; I was on my way to Crookwell ;
knew him, but cannot say if he knew me ; his comrade was a young man with moleskin trousers, blue serge shirt, light vest, and tab bage-tree hat ; I shcmld know him again ; I 8wear to it ; I do not know that I ever saw him before j I was ten minutes in his company, but did not speak to him ; he did not speak j I was not much confused although surprised ; I took particular notice of the other man as is my custom when travelling ; when I turned round he was gaining on me.
By the Judor : The skin was cut at the elbow and in the fore arm, and bled much.
By the Attorney-General : The ball at the elbow touched the bone; I spoke to the prisoner by his name ; when I saw him at Binnalong, ho was breaking in horses ; the ball I took out was not a quarter of an inch inside the skin ; it might be a quarter of an inch, it bled very much ; the skin was torn at the top, but the other 01113 bled the most ; Dr. Blake extracted the ball from the point of the elbow ; the one marked came from the elbow.
By Mr. Purei'OY : When the prisoner said that is ad-d nice poney ; he said, "Get olf, or I will make an example of you;" when looking over my shoulder, I saw the pistol presented ; the prisoner was on the left rear ; I was in the act of drawing my pistol when I turned round, and had it partly out when I received the wound in my arm ; when I spoke I was drawing the pistol, which he must have
By the Attorney-General : When he told me to dismount, I saw the pistol pointed ; but I did not draw mine until I saw his pre- sented.
Dr. Campbell examined : I am a qualified surgeon of the Glasgow University : I have a diploma ; I practise here ; I did not sec the case before, but I have heard of it. If cither of the shot produced had entered the breast or abdomen and pierced through the lungs, heart, or liver, they would have caused death. I have seen the wounds in the last witness' arm, but not having seen the case at the time, I cannot say how deep the shot entered ; there is a muscle ?which would have stopped the ball ; I think it did penetrate through both skins ; it could have struck the bone at the elbow, but it broke the skin first, and cut it through ; I am quite clear on that point.
By Mr. Purefoy : I am a surgeon ; I never saw Archer professionally, but I have seen his arm in a sling ; from examining the arm, I am confident they must have penetrated the skin ; there is a scab on the surface of the skin, and that on tho elbow is a fixed scab, and nature would not have produced that ?without it had been deep ; I cannot say the bullet did this, but the skin must have been pierced and broken ; the wound in the fore arm might not have been cut through the skin, but the blood would not have flowed unless the fore skin had been cut through ; the divi- sion of the outer skin without injury to the fore skin would not produce blood ; I do not think it could be possible for a slug, after pe- netrating the fore arm, to glance up and strike the shoulder; I am not aware whether Dr. Blake cut to extract the slug from the elbow ; if Dr. Blake liad cut it would have been an incised wound, ^ndnot a circular one; I cannot say what quantity of blood flowed from the
By the Court : I do not think it poisible that the shot could have got through the arm into the lungs.
By the Attouney-Gexbiul: If the bullets had entered the abdomen the wounds would
have bcr>n vital -if they penetrated into the roof of the lungs or the liver-supposing they had not struck the arm-if they had grazed the arm and entered beneath, they would have gone into the liver and caused death.
By the Court : A wound in the liver does not necessarily cause death.
By Mr. Purei*oy: Dr. Blake cut the slug out of the point ef the elbow ; he cut and drew it out with a tweezers -the shot glanced off the arm and cut my shirt.
Dr. Campbell, having been recalled, stated : On examining the wound on the elbow, I can- not say whether a knife had been used ; there is a slight appearance of cicatrice ; a shot, such as that produced, would cau^c a wound similar to that on the fore-arm of witness ; I am clearly of opinion that the true skin of the fore-arm was divided hy the shot fired at the witness Archer
in the manner described.
This closed the case for the Crown.
Mr. PunnroY (who, at HU Honor's request, undertook to watch the case) briefly addressed the Jury, pointing out the only question for the consideration of the Jury wa3, whether they believed that the prisoner had the intent
to murder at the time he fired at Archer ? If upon the whole of the ovidence they saw any , reason, to doubt the existence of such intent,
then it would bo competent for them to acquit of the felony, and find the prisoner guilty of an assault, or, at the most, of shooting at with intent ti do grievious bodily harm.
His Honor having briefly summed up the evi- dence, the Jury retired for about twenty minutes, whin they returned with a verdict of guilty of
The ATroRN'EY-GsxniiVL now informsd the I Court that he had another information ready to file against the prisoner Murphy, but at pre- sent declined to proceed with ic ; he would therefore now coll up the prisoner foi judg- ment, who, upon the first conviction, for rob- bing James Christy of half-a-sovereign, one coat, and a bullet-mould, at his house near Wheeo, being armed at the time, received sen- tence of fifteen years' hard labour on the roads or other public works of the colony.
Upon the second information for robbing John Heffernan, being also armed at the time, he was sentenced to seven years' hard labour on the roads or other public works of the colony, sentence to commence on the 1st of August, 18G6.
Upon the third conviction, for robbing John Keane, at Bargo, on the 6th July last, being armed with a pistol, of £25 and a pocket-book, he was sentenced to thiee years' imprisonment in Darlinghurst Goal, such sentence to com- mence on the 1st day of August in the year 1873. 3
Upon the fourth conviction for assault on William Archer, csnstable, the Attorney-Ge- neral declined to pray for judgment.
The prisoner was then remanded to the Gani.
The total period of imprisonment and hard labour to which the prisoner (who is only twenty-two years of age) has been sentenced, is twenty-five years.
William Smith, late of Binnalong, labourer, was indicted for having, at Binnalong, on the 9th of February last, feloniously offered, ut- tered, disposed of, and put off a certain forged instrument, purporting to be a promissory note made by one George Martyr, of Richlands, for the payment of £3, with intent to defraud one Henry Augustus Davis.
The ATTORNEY-GENERAL having shortly stated the circumstances of the case, called Henry Augustus Davis.
Henry Augustus Davis, being duly 6Worn,
deposed : I live at Binnalong ; I know the pri-
soner, he came to my house on the 6th of January last ; he presented me an order for £3, saying he got it from his superintendent, Mr. Martyr, at Richlands, for wages; I re- fused to take it ; he remained at my house about ten minutes, and then went away; he had 4s. worth of drink ; I showed the order to the Chief Constable, and had the prisoner ap-
Cross-examined by the prisoner: You
offered me the order in payment ; I refused to accept it ; I advanced you drink to the amount of 6s. 6d. ; the same order was presented to me before the same day,; by a man called Gipsy Bill, but I told him that I would not change it.
John Fitzpatrick sworn and examined : I apprehended the prisoner in consequence of information received from Mr. Davis, of Binna- long. I told him I arrested him for passing a forged order to Mr. Davis ; I arrested prisoner on the 9th of February, but I told the prisoner I did not believe Mr. Martyr ever wrote the order ; prisoner said he did write it ; that he was his superintendent, at Richlands.
George Martyr sworn and examined : I am superintendent to Messrs. Macarthur, at Richlands ; prisoner never was employed there, in my time at least ; the order now shown me is not in my hand writing ; I never wrote it ; I never gave it to the prisoner.
This closed the case for the Crown.
The prisoner having been called upon for his defence, merely stated that it was a very hard case that he should be tried for passing a forged order, while three of the witnesses proved that the document was a promis- sory note, and not a forged order. Referring to the information, however, it was found that the forged instrument which the prisoner attempted to pass at Binnalong, on 9th February, was described as a promissory note, and not an order. His Honor, therefore, in- formed the prisoner that there was nothing in his legal objection as to the variance in the de- scription of the forgery, and having summed up the evidence, the jury, without leaving the box, found a verdict of guilty. Sentence, two years' imprisonment in Goulburn Gaol.
John Devine, late of Balranald, labourer, was indicted for that he, on the 20th of Feb- ruary last, at Balranald aforesaid, feloniously did offer, utter, dispose of, and put off, a cer- tain warrant and order for the payment of money, to wit the sum of £10 7s. 3d., pur- porting to be drawn by one Henry William Hammond, acting superintendent for W. Murray, of the Deniliquin Station, with intent to defraud one William Graham. The Attorney- General having shortly stated an outline of the case, called
Joseph Locock, who being sworn and ex- amined stated, I live at Balranald, it is about 600 miles from here ; I know the prisoner; I saw him the latter end of February last, at Balranald, at Mr. William Graham's public house ; I think the prisoner carne on the 24th of February ; there were two others with him, one called himself Ross, and the other said he was the prisoner's brother ; the prisoner offered mo the cheque in payment for shirts and trousers, and I gave him the full change ¡ I gave the change out of my pocket ; I cannot say whether the change I gave was Graham's money or my own ; I asked the prisoner where he got it, and he said from Mr. Talbot, at Talbot's Inn.
Cross-examined by the prisoner : You re- mained at Graham's from the 24th to the 26th of February.
Henty lalbot sworn und examined: I re- side on the Walpole River, about 30 miles from Balranald ; the name Henry Talbot on the back of the order now shown me is not in
my handwriting ; I never wrote it or gave it to the prisoner ; the name Henry Talbot is something like my signature, but I swear I
never wrote it.
Henry William Hammond examined : I am a storekeeper, and act as clerk for Mr. Murray ; I am in the habit of drawing orders similar to that now shown me ; I did not draw this order ; the name Wm. Hy. Hammond was not written by me ; I have two brothers, but this i order was not written by cither of them.
I Cross-examined by the prisoner : There was I a man named Ross in my employ ; hu has ' since absconded ; I never had a man in my
employ called Rostron.
This closed the case for the Crown, when
the prisoner bring called upon for his defence,
stated that he Bold a horse to one Ross, and I took this order in payment, ignorant of its
being a forgery, but that immediately after he i found it was a forgery, he gave information to the Chief Constable who he got it from, and on searching for .Ross it was found that he had absconded. The prisoner stated that there were two witnesses who could prove the truth of his statement, but he was unable to pay their expenses to Goulburn, and therefore had
n<r witnesses to call in his defence.
His Ho.vou briefly summed up, when the Jury without leaving the box found the pri- soner guilty. Sentence - two years' im- prisonment in Goulburn Gaol.
John Drummy, late of Cooma, labourer, was indicted for that he, on the 17th day of June last, at Bobundera, feloniously did steal, take, and lead away, one horse of the value of £10, and one golding of the value of £10, the pro- perty of one Charles Wright.
Tlie prisoner pleaded not guilty, and was
From the evidence adduced in this case, it appeared that the prosecutor saw the horse in question in his paddock on the 16th of June, and missed him two or three days after, when a seal eh being made, he was found at the pri- soner's, John Drummy, who, on being ques- tioned how he became poisessedofthchorse, said that he bought him from a man named Sulli- van, who resided neu Twofold Bay, upwards of 200 miles away ; but on enquiry being made, no such person as Sullivan could be found. The prisoner was apprehended on the 23rd of June by Chief Constable Worsley, and on Mr. Wright's being examined as to the distance of the place where the prisoner said he got the horse from, it appeared almost impossible that the horse could have come that distance in the short space of time between his being missed from Mr. Wright's and found in the prisoner's possession.
The prisoner being called upon for his de- fence, stated that he had caused two witnesses to be subpoenaed to prove that he bought the horse from Joseph Sullivan, at Twofold Bay, but that the witnesses had gono to the dig- gings, and he was unable to procure their
Hi« Honor having summed up the evidence, the J iry retired for about twenty minutes, when they brought in a verdict of not guilty.
The prisoner was remanded on another i charge.