FRIDAY, FEBIt UARY 1, 1839.
(Before Mr. Justice Willis and a CivilJury )
John Perrott and Robert Jones, «rere indicted for J a highway robbery, on John Jobbins, on the 10th October last, on the Liverpool Road.
The prosecutor waa riding along the road in question when he was stopped by three men, one of whom held his horse while the other two rifled ira pockets of twenty-six shillings and soma triffl¡tig
articles; they afteiwards untied a bundle from f behind bim and took out a quantity of shirts and ( vvoaring apparel. The two prisoners were shortly afterwards apprehended and some of the stolen
articles found in their possession. . Mr, Justice Willis in summing up the case to the Jury, took occasion to offer some remarks on
the nature of the criminal law. He prefaced bis « remarks with some observations relative to the ( Crown Solicitor, of whose rumoured retirement
from office be had beard. He observed that on ' that as well as "every other ocoasion which had ' come under his notice, Mr. Fisher had acted In the f most zealous, active, and effioient manner, and had ( discharged his duties relative to the criminal business of the Colony in a way that entitled him
to the highest commendation be could bestow. His , Honor then went on to spoak of. the object of tbe t criminal law-to protect the persons and property of individuals where either is violated, and the
puoi'hment of the offender, but in punishment I reformation as much as example was intended. 1 Thus, he observed, punishment, as described in ( the Hindoo Code, was the magistrate-punishment ( was the inspirer of terror-punishment was the nourisber of the subject-the defender from
calamity-the guardian of those who sleep; pim- ' ishment with a fearful aspectterrified the guilty and t the guilty only. His Honor remarked that it was j the duty of a Judge in administering the criminal > law, to unfold for the information of the Jury the
law which defined the offence and to declare the ' penalty should the party be found guilty, but it I was the province ot the Jury to decide that point. | Notwithstanding this, however, he said it would . indeed be unhappy if the prisoners fate depended ' upon a Judge's directions, or if his opinion should ' form the verdict, for if so, the trial by a Jury I would be useless. After detailing the important duties of Jurymen and the unbounded confidence the law conferred upon them, His Honor alluded to the recent Acts for the mitigation of punishment,
a measure which he viewed as most human and I most politic On this subject he read an extract from the work of a celebrated writer on the Penal Code, in whose sentiments he entirely coincided. " For my own part I have ever been of opinion that punishments far exceeding the measure of humanity, have less effect in deterring the multi- tude from crimes than in rousing them to greater efforts both as actors and sufferers. Nor do such punishments (in my opinion) tend to intimidate so much bv thor severity as by their frequency, to
diminish the terrors of the spectators. The evil is 1 more peculiarly groat when the mind of the criminal is hardened against the sense of pain ; for in the judgment of the unthinking vulgar, a stubborn confidence generally obtains the praise of heroic
constancy." His Honor said he had dwelt rather I fully upon the question of punishment, as it had sometimes been asserted that the severity of punish mentshad in a great measure influenced the verdicteof
juries. That pretext no longer exists, by the re- ' cent mitigation of punishment ; but although it had Í been so much mitigated it should not be supposed that the loniency of the Legislature had so far abrogated punishment as to permit tho perpertra<
tors of crime to escape with impunity. Trans- I portation stil^existed which when it had leferenoe | to Penal Settlements, was looked upon by some as worse than death itself. After a few other re- marks, His Hor.or proceeded to sum up the ess» J before the court. The prisoners were both found
guilty «ad itmand«d for sentence»
' Thomas Haynes was indicted fur the wilful murder of Thomas Keaguu, at lien and Chicken J ¡ay, hy | beatiug him, on the 27th November, whereof ho tlingered unlit the 3rd December and then died.
On the day' in question, it appeared that the deceased called in a state of intoxication at-th» hut of the prisoner who was ill at the time ; ha made use of provoking language and struck tile prhoner, who, thereupon got out of his bed and struck; the deceased a blow on the head with a stick,''which produced the injury of which he subsequently died. On a post mortem examination of the body, it was found that the scull w.is fractured, .vThe Jury returned a verdict of Not Guilty and the
prisoner was acqui.ted.
(Before the Chief Justice and a Military Jury.)
Edward Hall, the bushranger, was indicted for a, highway robbery of J ohn George Lynch, in Oct. last, near Bungonia. Guilty-Remanded.
Itobtrt Woolley. Joseph Johnstone, and Thomas Hughes, were charged with stealing ten shillings, the property of Catherine Deane, at Gundaroo, on the 22nd September. Guilty-Fifteen yéaríi'traug
portation to Norfolk Island. .-" - ",'"*:- - -
SATURDAY, FEB. 2. (Before the Chief Justice and a Military Jury.) ,
James Mayne and Thomas Lawler, were indicted for stealing a horse from Robert Phillips, the pro- perty of William Hutchinson, near the Murrum- bidgee River, on the 29th- September.
The prosecutor was overseer to Mr. Hutchinson, and on the day in question had rode out to Andrew's station. On his return, he was stopped by four armed men ; one of them presented a musket while the others made him get off his horse which they took from him and went away with.* The two prisoners formed part of the four, the third was Hall, the bushranger, and the fourth was subsequently shot.
They Jury found, them Guilty-They were re-
manded for sentence.
James Carroll, a runaway convict,'was indicted J for stealing a horse, the property of Robert Thoma» * Capp, at Jerry's Plains, op the lp(h October.
The auimal in question had' betjn kept in a pad- dock at Jerry's Plains, whence' it was stolen; Shortly before the horse was missed, the prisoner bad been seen in the neighbourhood and a few day», afterwards it was seen in his posseasion near
Windsor, where he waa apprehended. Guilty-. .