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4 corrections, most recently by lance.dwyer - Show corrections

'TUESDAY, JULY 4. JURY-Messrs. F. Evans (foreman), .G. Fry, F. A. DuCroz, Robert Bell, John.Wright. Robert Stewart, John Willett, R. Green, R. DeLittle, Alexander McKinnon, J. E. Brookes, George Best. James Mullay and William Share were in dicted for the wilful murder of John Macna mara on 9th May last. Mr. Macdowell appeared for the prisoners. The attorney-general opened the case by detailing the various circumstances to be given in evidence upon which the information rested. William Brownrigg.-Am district-constable at Perth; knew the deceased John Macnamara -he was. a constable under me, stationed at Perth; also know the prisoner Mullay-he and a man named Jenkins were also constables stationed at Perth; Mullay and Jenkins lived in the constables' barracks prior to and on the 9th May last; Macnamara lived in a house lately known as the" Leather Bottle," that is about one hundred and fifty yards from the constables' barracks; a man named Joseph Brown lived at the temperance coffee-house prior to 9th May, it is nearly opposite to the house where Macnamara lived; I remember the night of the 9th May last; on that night I last saw deceased about a quarter to ten o'clock, on the further end of Perth Bridge; I parted with the prisoner Mullay and constable Macnamara at Perth Bridge; I next saw the prisoner Mullay at the constables' barracks on the following morning, a little after nine Jenkins was also there; I ordered the prisoner Mullay to Longford the night before; I gave him that order at the barracks, and he was to go on the 10th; I told Macnamara to meet me next morning about nine o'clock and I would

give him the keys of the barracks and watch house; Mullay and Jenkins were ordered to Lopgford for trial for misconduct; that mis cordiduct was losing a watch out of the con stables' barracks; the watch belonged to a man named Dryden; on the morning of the 10th about halt-past nine-, L saw the prisoner Mullay and Jenkins go on the coach to Long ford; I never saw the deceased John Mac namara alive after I parted with him on the night of the; 9th May last at Perth Bridge; on the morning of the 10th I went to Mac namare's house, and not seeing the key in the front door I did not go to it, I went to the back door and found it fast; I went from that to the stable; I found the stable door locked with a pair of handcuffs; I looked through the window and saw his mare and bridle and saddle, and I then went away; I went across to Joseph Brown's, nearly opposite, and I made some enquiry about him; some time after that, on the same day, I went to Longford ; 'I there saw the prisoner Mullay; I ordered him and Jen kins back about twelve o'clock; .I got back to Perth about half-past four; when.. I got back to Perth I did not make any-search for the deceased; I saw the prisoner Mullay, and asked him if he had seen Macnamara since his return from Longford; he replied, he had not; I next saw the prisoner Mullay at the Saint Andrew's Inn, a few minutes after seven o'clock; Jenkins was there also on that occa sions the evening of the 10th, Jenkins sung out, Is that you,. Mr. Brownrigg " I said,.   yes; I walked across: and one .of the two landed me the key of the " Leather Bottle," and told me that Macnamara was shot; I took the key, and said "'What?" they made answer "Mac is shot dead ;". I said, ' Come on ;" we went on to Brown's, and got a lighted candle; on the way from St. Andrew's Inn to Brown's Jenkins told me that Brown had found Mac namara shot dead; we went across to the Leather Bottle, and I unlocked the door, and there found Macnamara lying across the threshhold of his bedroom door on his back.; His legs were apart, and his arms were placed on his breast; at first I thought I saw three wounds on his breast; I saw three spots of black blood; I examined them and found but one wound, and a hole through his right hand; the others which I thought were wounds were merely spots of blood; I observed the back of his right hand to be blackened like the explo sion of gunpowder; his breast was scorched, and his trousers pockets were turned out; at this time he had blue trousers just drawn on, a shirt on, and a handkerchief tied round his head; the bosom of his shirt was scorched, I should say from the explosion of powder; he had nothing else on; the hole through his right: hand, corresponded. to the hole in his breast;;.I did..not observe a candle in the room; the clothes werejuas.htalf turtiodover Macia-, mara's bed, as if he was going to get in, but the bed did not present the appearance as if lie had been in ; I saw hisabox of clothes turned out, and I collected and put them bark into the box; there was a pair of handcuff..keys lying between his legs; Jenkins handed me a knife and a purse; I saw several spots of blood about two feet within the front door; saw several spots on the left hand side of the wall. going into the bedroom, about two feet from the floor; there was also.blood on the left hand door-post; it was a spattering of blood on the,.wall ;.it .was the body of Macnamara; he was quite. dead at that time; I saw his watch hanging on a nail at the head of his bed; I don't recollect if it was then going; I saw his pitile and examined it; it was loaded and had a cap. on; it had not been recently fired off; I then gave his clothes inclcharge of Brown ; 1 didenot remove his body till.the jury had viewed ii,, but. I reported it at Longtord ; I saw the dead body of John Mecannroar. in the presence of. the jury and Dr. Paton ; the prisoner Mullsy was taken in custody on this charge on Saturday, thee llthIMay, snd Jenkins was also taken on the same day on the same charge; Dlullay was taken at Longford, and Jenkins at Perth i I examined Jenkins' piece after hoe was taken into custody-it isas loaded, but had no cap on ; I examined the nipple and tie lock, tnd they did not present the appearance of a recent explosion.; I examined Mullay's piece on the sane day, ard it did not appear to me to have been lately fired ; a gun discharged at the Leather Bottle might be heard at the constables' barracks ; deceased rand Mlullay. were not on very good terms latterly, they had some quarrel about the rations, and it was in consequence. of that quarrel. Macnamara left the constableb' barracks and went to live in the Leather Battle; lie had lived there about a mooth before the 9th May. Cross.examinoed-I do not think 11acnamara was on bad terms with all the constables at Perth: I never heard a word ,between him and. Jenkins; Jenkins never complained. to me of the way in witichl Macunmara kept the ration account; lie was not a quarrelsome man ; Mary Kewley lives at Perth, robout 700 yards from the Leather Bottle, and I know-her, and would. not believe her on oath; I would, believe her husband on cnth ; I do not recollect his giving two exactly opposite accounts of' a transaction. By Attorney.General.-I did not make a very minute examrnirtion of Mullay's piece.on the Iith Islay upon rony matter in which Mmr. 1Xewfey was culled to give evideirce, I sloould not feeliiuciined todoubu her teatimony; I have

never known her to give two diametrically opp osite statements of the same matter; I don't recollect her deposing upon oath to facts which I knew to be false; my grounds for stating that I should doubt her on oath are from her general bad character. Charles Alexander [looley.--On 9th May last I was watch-house keeper at Perth ; I knew the deeased John Macnamara; I last saw him on the 9th May last, at the door of the constables' barracks, about twenty-five minutes past nine; the prisoner Mullay and Jenkins were present on that occasion ; Macnsmaha then went in the direction of the Leather Bot tie; Jenkins then told me Mr. Brownrigg's dog was in the cell; when Macnamara went to his own house, Mullay, Jenkins, and myself parted company; I never saw the deceased John Macnamara alive after that; I knew the deceased and Mallay were not on good terms; Maonamara told me about three days after lie had, removed to the Leather Bottle, that in con sequence of the drinking and swearing between Mallay and Jenkins he would not stop with them; that was about three weeks previous to the 9thi May. By the Court.-I do not know"that.Mac namara had any money. Cross-examined.-'I do not- know whether Macnamara was a good tempered man, or' whether he had many enemies amongst the constables.. Joseph. Brown.-On. 9th' May last, kept the temperance coffee-house, at Perth ; I knew the deceased John Macnamara well; he lived just opposite to me; Ite lived rent free; I saw the deceased John Macnamara on the night of the 9th May, about a quarter to ten, in my house; from something which transpired that-evening I knew he was not in.possession ofany money; lie was to have borrowed £1, from .me on the following morning; he left my house about a quarter to ten; he. was-alive and well then; that night. 1 had two lodgers at my. house- one of these lodgers had a cart load of wheat,.which stood under a shed in my yard; .I went to bed about half-jpast ten-o'cloek; at that-time all in my establishment hlsd-retired to rest;about ass hour after retiring to rest I heard .the shot of a guns; the sound appeared to comer from Mac namara's house; no one lived in the house. with Macnamara; after the report of the gun I heard. the dogs bark;, they made -a sudden rush as if someone had come close upon thefs; this was about ten minutes after the report of the guts; I then got.. up and went out at the back door, which lead into my yard; I did not see anything at that moment ; I then went into my kitchen, and.when I lied been there about ten minutes I saw a light, of the fire as I supposed,. in Shaw's house ; I could see a glimmer of a fire before, and it freshened up; it-would be about a quarter of a mile from my house its a straight hne; the night was dark; having seen, the light freshen up, I 'stopped some little time in the room, and then went into my bedroom; .I again, went into the kitchen and stopped at the window till. I saw the light in Shaw's house-diiindle nearly into darkness; I Think .1 remained at my kitchen window watching the light upwards of two hours; I then went to bed ; between -eleven and twelve the. following morning I went to the house of the -deceased.; I tried the door by which Macnamara usually entered, and it ap peared- to be fastened ; I saw the blind drawn down on one side, as he used to do when lie got up, and I went away, as I concluded he was. gone out; 1 afterwards went to Macnimara's house.near upon six o'clock.on the evening of the soane day, and tried the, same door on that occasions, anid then, opened it without difiloulty; I did open it; it was rnot quite dark outside, but it was inside the room ; I just opened the door and looked tovwards the fireplace and said, "are you in Mac?" Getting no answer, I pulled to the door, thinking hd might be in the stable; I then waist round to a post and rail fence, where I could see the stable door; I. shouted out then, "Are you there Mac?" and I got no answer; I .then went back again to my own house;, about hllf an hour after this .1 saw a person snmed Mrs. Foot, and in consequence of what she told me I went into the house of deceased with a light; when I opened the door and put in the lantern I saw the feet of John Macisamara stretched out in the room where lie used to eat, and his head in the room where lie slept; he was lying on his back dead; I pulled to the door, went home, and with my wife, Mrs. Foot, and a lodger, 'went back again ; I then observed as the up 'pearance of three wounds on his breast; when I saw lie had been shot I went for the consta bles ; the prisoners Mullay and Jenkins were the two; I found them both in their barracks; this was about half past six o'clock ; I went in the barracks and told them Macnamara was murdered. in his own house;. the prisoner Mulley said,"Oh no, not lie;"and I think the words hie used were " Mr. Brownrigg see'd him this mornain-;" then us I, "Mullay, and Jenkins were.gosng down the road. I said it was a pretty thing a man should. be murdered in his own house and no one know anything about it;. Mullay.said, " Pooh, what. are you blatherskiting about!" I don't know whether lie said " Pooh".or "1 1 u5h," it was one of those two.; we.then.weit to the Leather Bottle, and then we saw 3l1ecnamara just as I had ~seen bins before; Jenkins went asid lifled him op asid said the ball hsad gone through him; Mul

lay said,i" better not touch him till Mr. Brown. rigg sees him;" I think I said so too; we then left the house, aqd the door was locked by Jenkins I think; I saw Mullny, Jenkins, and Mr. Brownrigg return shortly afterwards; 1 again went with them to see the dead body of Macnamara; about three quarters of art hour after I saw Mr. Scott and Mr. Dryden at my house; I recollect then seeing the prisoner Mullay; a conversation took place; Mr. Scott, in the presence of Mullny, said the murder would be found out; Mullay replied, "Oh, I suppose h1's been flashing his money and somebody's tseen it;" MAr. Dryden said, " No, Macnamara is a man that never carries much money about with him, lie's generally short of money," and that he had lent him a pound that day; I remember Mr. Scott calling me on one side and saying something to me, Mullay was present, it was under my verandah ; Mr. Scott then left with Mr. Dryden; after they left Mullay asked me what Mr. Scott had been saying; I did not tell him; lie said M r. Scott was sub-district constable of Perth,.and lie had better mind what he said of him ; I said you must not take any notice of Mr. Scott, -he's always joking; I suppose lie's got a little drop in;, Mullny then went away ; the prisoner Mullay and the watch-house keeper came to my'house some short time afterwards ; Mullay called for two cups of coffee; we then had some conversation about the murder, and Muillay said Macnamara was no friend of his for he got him-four days solitary; he said lie-was then on duty to watch the body; I told Mullay I thought that Macnamara was no enemy of his, no further than being against bins for takingga little drink;. Maenamara was a teetotaller; Mullay replied, "he-would have been worser, but- he did'nt know how;" Hlooley, Mullay, and rnyself'then went down to the constables' barrabks, where we found constable Jenkins; Jenkins sat on a-stool-with his head between his hands, as if lie was sleeping, and Mullay touched him on the head, saying, " rouse up and snow -yourself;" we then got in-conversation again-about the murder; I then said it was singular about the small pen knife that was found betwixt Macnamara's legs, Mullay made answer, "Oh, he- might have been cutting his toe nails;.' I then saw a look pass between Jenkins and Mullay, as good as to say "hold your noise;" I left them and went home.; I do not know of my own knowledge whether the deceased and Mulluy were- on had , terms; I know tbat shortly before this M1acnasmara arid 'Stsaw had a case at the police-office; this was.a month or five weeks -before the murder; -it was about an assault which had been coin mitted by the deceasedsoii Shaw.. Cross-examined.'- -IMullay appeared not to believe me-when-1 'first saidtlthat Maonamara was inurdeired; I recollect -Jeinkins saying that' detedlied had not died a coward, that lie 'faced- sihisihi .'I iiid tlhe' man must have been shot when Itheard the'gun,go off the previous night; -11 ullay replied that was all nonsense, as Mr. Browurigg had seen him that morning. Mr. Brownrigg recalled by Mr. Macdowell. -On Friday morning I thought I had seen a man like Macnamara, go into Mrs. Foot's, but I found he hod not been there; I told Jenkins and Mulloy 'so. Mary 1kewley.-I know the. prisoner at the bar, Shaw,-and I also knew tse deceased cons stable Macnamara; I recollect the Friday on which Macnamara was found dead; on the Thursday previous I saw the prisoner Shaw at my house, it was before dinner; my husband and myself were at home; Shaw came into the but 'and. sat down upon the table and smoked his pipe; lie asked my husband if he wousld be at home to-night, my husband said he would; be told him le had someplace to go to, and asked my husband if he would go with, hisma ;my 'husband said very likely he would ;haw saidhe did not want my husband tondo anything, only to stop outside, and if lie got any lug if he came to his place in the morning be should have his regulars ; nothing further took place then; Shaw went away; on that same' night I went to bed about eight o'clock, my. husband went to bed at the same time ; there was no one else in my house that night; after I wvent to bed, between eleven and twelve o'clock, 1 heard a knock sit the front door; thse-knock was repeated; I asked also was there; I received no answer; the person who.-was at the front door-came round to the bed-room window and rapped; I asked who it was, and I heard a voice say-" is Jack in bed 4"-meaning my husband ; " isn't lie coming where he promised ?";'it was notspoken loud ; I said isy husband was drunk in bed; my husband was riot drunk, I said he was drunk because 1 did not want him to get up; the.person then went away; after that 1 nudged my husband and told lsm.there was a person at the window wanted him. to get up, and he said " let him. go to h-"; I unased. the person to my- .husband; 1 said there's Billy Shaw at the window; I recognised the voice at the window, it seemed like the prisoner Win. `haw's, I believed it to be his,, and I do so now; about fitteen minutes ifter .Siaw left the window, I heard the report of a gu ; I could not furns any opinion as to the direction from whence it came; I remember the next night-Friday ; I heard then for the first tiiae, that Macnamara was murdered ; I afterwards made a conmnunication to Mr. Jomnes Saltmarsb.

By the court.-My house and Slaw's ate about the same distance from the temperance coffee house. Cross-examined.-'lThe first time I mentioned this matter was to Mr. Saltmarsb, I told him that there was a person knocking at our. door last night ; I did. not at that time say that ierson was Shaw ; I did not exactly know it to be Shaw; I expected a visit from Shaw that night by what he said; I didn't know it was Shaw by his knock; my husband was not drunk that night; I did not tell Mr. Saltmarsh because lie is nut a priest or a father confessor; on the Sunday morning I told Mr. Saltmarsh that the person who was at. the window was William Shaw ; 1 will swear that I told him Shaw had been during the day; I was living with my husband on 9th May; I was absent four days afterwards; I went to Mr. Brown rigg's and told him very nearly-all I told the jury to-day; .1 was never examined at the police-office on this subject till I bolted from. my-husband. By the attorney-general.-On the Friday Mr. Saltmarsh said lie partly guessed who it was, and asked me if it was not Billy Shaw; I nodded my head as much as to say it was not; my husband was in the tap-at this time; my husband pulled me. in by the gown ; on the Sunday I saw Mr. Saltmarsh again; my hus band was not present on that occasion, and I them told Mr. Ssltmarsh what had happened at msy house .on the Thursday night, and I then named the person who was at my house; some times we took in lodgers. John Kewley.-Before and on the 9th May last I was a tailor living at Perth - I know the prisoner William Shaw ; I remember the inight of the 9th May last;. before that I remember to. have had a conversation with Shaw about going out at night, with him; 1 went. into Saltmarsh'a one night, next door to where I live myself, and Shaw told me-.to drink; he said, "Don't;you want some potatos to put in your gardent" I said, no, 1 had bought half a hundred of Mr. Saltmarsh; he said, " Will you go up.the street with me some. night, I don't want you. to do nothing wrong, but what ever I get that night you call at my place next morning. and you will. get your regulars;" there was. nothing said about my standing outside; I don't know whether my wife was present or not ; 1 recollect Shaw telling me that he did..not like Macnamara, that one summoned the other; he said one night he stood by the Star Inn with a good stick, and if Macnamara had come close enough to him lie would have -given him something lie could not take the law for; I recollect the-night of the 9th1 May ; I was in bed before nine; in the course of the night I was roused by some one rapping at the-door or window; I said, " Go to h-- with you I" I heard the, rap; 1 don't know whether I heard a -voice outside or not;. I had had a glass too much; .1 recollect any wife giving me a push; I heard a piece go off about half an hour after; I recollect the next, night being. at. Mr. -Salrniarsh's; my wife went in and.eitns out with- me; I recollect hearing Mr. Saltmarsh speaking to my_ wife-; I saw the prisoner Mullay frequently,*. I might have seen those two prisoners together, not very often. Cross-examined.-It was about dusk when I had.this conversation with Shaw; I don't say. it was-the same night that. the mats knocked at my door, it was some time before; on the day the .night of which a person knocked at my door I had no conversation with Shaw in my house; I don't think I had; I uil[.swear that Staw did not ask me to go out that nil.t with him; it was about a fortnight before the man was killed; that .was the only occanion on which . he made such a communication ; I recollect.my wife leaving my house; that was on Sunday. By the attorney-general.-I recollect a pair of trousers being brought to my. house by Shaw. James Saltmarsh.-Ant a licensed. victualler at Perth ; I recollect the night of the 9th May last; I remember on the. following morning to have seen Mary. Kewley at my.house; her husband was there also ; she told ine some. thing at -the bar respecting what had taken place on the previous day; tier husband called her into the taproom ; on the Sunday follow ing Mrs. Kewley made another communication to-me-; her husband was not .present on that occasion ; I first heard of the murder on Friday. night, the 10th ; I had .seen the prisoner Shaw. ems the day of Friday.; be was standing at the corner of Kewley's fence look ing up the street towards the Leather Bottle; . I saw .him. again soon after near the same place. Cross-examined.-The Leather Bottle is on the.main road from Launceston to Perth and he was on a cross .road, leading on to the Longford main road.. Francis Southernwood.-.Before' and on 9th Miy list, I lived at Perth; L was at Mr. Lotsdale's public house that night up to ten o'clock ; I saw Mir. and Mrs. Lunsdale, Miss Launsale, Constable Jenkins, and the prisoners Mullay and Shaw ; just.as 1-was about leaving I called for .four tulps of gin, one for myself, one. for Mr.. and.Mirs. Lonsdale, and one for Shaw, but he would not have it; there was a disturbance; constables Jenkins and Muliy left the house, about five minutes before; I remember this mornitng of the 1lithi.; I saw thise prisoner about half-past eight that tumoiting;

I had occasion to go round ground which 'I 1 rent near him; going by his place I saw: t nobody about, I took notice of the front window. curtain being gone, and.there was acurtain up t against the bedroom window; I saw~no smoke: .coming out of the chimney, and I called at the. gate "is there an 'body at home 4" Shaw. made answer, he said yes; he asked. who was; that, I. told him it was Southernwood; he t came to the door in his shirt; I asked him r whether he.had heard the news from the town-. ship that morning.; he said no, what's the e matter- I said: Micnamara's shot; he, said I where . I said at his own. place at Gee's house.; lie said that be hanged, I won't believe you; It 1 said it is the case -I went to l r. Lonsdale's i this morning, coming bhck I looked through t the window and saw.deceased lying there; this I was. about a quarter past eight in the morning,; three or four. days after the inquest I was going up to the township, and miet.Shiaw; he i asked me. whether there was, anything come I out about the murder; I told him I had not I beard anything; lie said what was that Brown I said on the inquest about the light being in my place; I stood abit and then told him; I said Mr.IBrown saw a light in his place about 12 o'clock, and .thought it was the light of a fire, and ie stopped till. it went out; I told Shaw that I accounted for the light by his wife making a dress in so short a time. Cross-examined.-Mrs. Shaw must have been up half, that night to niske the dress. Henry Jenkins--Remeimbers a sale at Perth on the 9th May last; I had a cpnversa 'tion with Mi. Dryden on that day; afterwards I had a conversatiop with.Mullay., Mullay said, " What, does that b- old wretch say I stole his watch 4" I said, yes, and he is not the only cne- I'mentioned Macnamara.ns' having accdsed. him of stealing it.; lie said they might all -i he wished he had it, he would smash it all to pieces; he also said, I was a b- fool if ever I paid for it, that they could not compel me ; in answer I replied'I would liay for it'if I went without victuals ;. after that we had tea, and then went up to the township to the St. Andrew's Inn; hirevicus to thin I saw Mr. Brownrigg; Mac namara had been just before himi and gone away; Mr. Brownrigg told me I was to go to Norfolk Plains in the morning about the waitch'; lie told mein the presence and hiar ing of Mullay; he told him also to go; the watch came into my possession at the latter end of February or, the beginning of March; I bad it to repair ; I repaired and gave it back to Mr. Dryden, and, lie gave it to me a second time, sometime in April ; I lost it from the. constables' barracks either on the right of the 20th or the morning of the 80th April; after Mr. Brownrigg left us we walked about the towiiship till seven o'clock; after Mr. Broiwn rigg came back at seven o'clock I saw his dog go ast; I brought it into the house and myself ant Mr. Brownrigg put it in the cell ; next Mr. Brownrigg, Macnamara, and Mullay all wen' out together to go round the towniship, .and I remained in the constables' lhut till a few minutes before nine; I then walked as far as the Star Inn, and looked in the door, and saw Hooley, the watch-house keeper, sitting there; I walked a little way down the road; it was .about a quarter-past nine when I went back to Lonsdale's; I went in and told Hooley I had put Mr. Brownrigg's dog in the cell; Houley came with me, and we went to the constables' ihut; we found Macnamara and. the prisoner Mullay standing at the door; they were talk ing about a cow which Macnamara bad bought; I opened the door and we all ,went into the but together, and I gave Hooley the dog, and lie went away, leaving Mullay and me in the but; Macnamara went to the Leather Bottle; this was about half-past nine; when Mullay and I were left together in the but the old subject of the watch came up again; I said I did not believe any stranger would come into the but and take it away; he said lie didn't believe apy stranger would either, that it must have been somebody that knew the lut* lie said I was a b-. fool for ever promising to pay Old Tom at all; I said it's no use quar relling about it, I shall go and have a glass of ale and go to bed; he said well, I shall have one too; we went up to Lonedale's together; I saw Mr. and Mrs. Lonsdale, Shaw, Southern wood, a man named Lovett, and a blacksmith; it was about half-past nine that Mullay re turned, after he went out with Macnaniaraand' Mr. Brownrigg; a glass of gin was drawn by mistake and given to Shaw; he began cursing about it and would not drink it; it fetched ten o'clock while we drank our glasses of ale; we all four came cut of Lonadale's together, Shaw acid Southernwood went down in the direction of the Leather Bottle to their home, and Mullay and I went, to the constables' lhut after I got back to the but with Mullay I lighted my pipe and sat in the but a few minutes; I said there are no passes to book to night, I shall go to bed; Mullay said "well, I can't help thinking of that b- old wretch saying I stole the watch ; I repeated, well, lie is not the only one who says so; I said you know Mac says the same; he said they might all .; I then went to bed.; shortly after I heard the latch of the door go; I was hardly asleep; when I looked at my watch it was a quarter to twelve; I asked who was there, 'and received no answer; I then got up cud went to the.do~or, the :bolt a as pulled back;

I had bolted the door mysqlf previous.tta going i to.bed;., Iopened the door apd looked out, au5, saw, some person going, towards. lonsdal es,; that woild beain the direetibon of the Leather, c Bottle from the.copstables'.hut; I called out " Who's that ?" and repeived no, answer; I. W eamq into the hut. again and looked into t Mullay'a room; the door- waseatanding open, v and he ,was not there.; I. then looked. at i myiwatch to, see what, time. iti was-it was a quarter. to twelve,; I put my trousers, on and; c sat down by the fire; I lit spy pipe,to. wait for c his,eomimy in.again.; after sitting. there.eight or ten minutes, I heard whit, , cousidered to, b be the reportuof a piece; Iw \ept itca the, door and looked out, but I did not see any.one; I C dressed myself and was coming out; I thought the piece sounded ip the direction o.the back, of the, hbu, and I heard a footstep, I looked. round and. saw the figure of. a map coming along the fence in a direction to the but from; tlie.Leather.Bottle, it was on the other side of t the, road, to, the, constable's hut; I~walted.1 till he got opposite to me and, lie crossed over, t that man wasthe prisoner Mullay;, he had his I piece in his hand.; I, asked. where have yoqu. been, was that you fired.? he pushed past into the hut, andsaid yes it. was;.I said what was, you shooting, at?, he, said. " Iv'e settled that b - wretch," I said who, what.do you mean ? ho, said. "Mle," .I said good God you,s don't mean, to. say .youy'e shot hipi,. hs~saadjI have and theb--, is in hpll burning by this time.; I said you've donea pretty job, weasall both get pulled for it;.,at the, time lie said, he, had settled: Mao,. lip said "I'l learn him to say. It stole the watch"; he .iid what is it to you, .you've inothi ig,.to, do, with it,I suppose you won't turn round.oni.a fellow; , after a few minutes ho..asked me.to: go.and see if all was quiet.; before .then, I enquired, if A14accnapara was dead' .he said, he neitherkoew nor cared he'd .etQel ed,him over..; when.he~caine in he put the piece.down .on.the.table and Ipulled, the, hammer " back and, found that there was,.a cap fresh smashed on.it.;; I. pulled the cap off, and a littlesmoke issued out.; I walked 'out as far as the Leather Bottle, .but I did not go in,, the door was shut;,I then erosed over intpo the road towards Brown's; I saw a aian. come out~from under,Brown's verandah l he, was. a uhort. man, dressed,.in dark, clothipg; I said, "is;that,,you;Billy t'? the moan,turned from, me and looked.over his shoulder behind him; he never, spoke but went.down, the road. By the court. -I had not my piece witlame; I did not see one in the hand of the man when the man camefromi under Brown's verandah; I heard some dogs hark. Examination continued.-The man went down the road towards Mrs. Foot's; Iknew.that man, he wasthe prisoner, WVillian Shaw.; .I know Mr. Brown, formerly he was a fellow-constsiale. I em sure it was not Mr. Brown I saw that, night; the way .taken by the man was in thei direction of Shaw's ; I then went back to the constable's iint; Malily was standinag at the door, hl said, " is it all right ?" I said,. I don't know what you call all ri.iht, you'll certeinly get hanged for this; he said, "I don't care a b-, he had no business to say that I stole the watch;" I said, we shall both be Paalled up to the oflice for, it,.and I shall get in it as well as yon ; hte said, !'it you'll.only. hold your jaw I shall be able to pull through it;" I said, yes, yoe will, slid leave me to get hanged for it; lie said, " there's ieo -fear for you, you had nothing at all to do with, it;" I asked him if anybody was with him: lie said he'd tell me all about It to-mor row; I then went to bed; I did not goto sleep; Muilay wrapt himself up in a rug, and laid down in front of the fire. Muulay caine into my roosi about three o'clork, lie had a candle in his hand alighlt,, lie. passed, it two or three times over my face, and put'his hand on the stock of my piece, which was haagiug within my reach; it was loaded ; I was just going. to any, what are you doing ? I did not atove when lie turned from me to go out of the room, and tie said, " iou h-, if I thought you'd turn round, I'd give you one too., I rose up in my bedeand unsheathed my batonet, and took it under the bed-clothes; when Mullay passed the candle over my face my eyes were par tiaily closed; it was daylight when I next awoke. He came into my room before I was up; he said. "whateser shall I do, I've lost the brass call off the top of my piece?" I asked him. where lie lost it, he said le did'nt know, without he had left it over the way; well, I said, )oi had better go over the way and get it; lie went out, and was gone five or six minutes; he cause back and said he could not go, for Joe Brown's wife was sweept ing her door; I then got ii and caineaout of my bed-room: lie says, "I don t know what I shall do, if that's lonad that 'II be sare to bowline out;" I said, it' you are afraid of that, you had better go again and get it; lie said, " will you go?" I said no, I'm sure I shan't; he went out again, and was gone ten or twelve minutes, and catue back with the brass cats in his handd; lie said, now they may all - , lie then began cleaning his piece; while he was away the second time I noticed the ruamrod was' bent and the stock was cracked; lie had a piece of old stocking on a stick to wipe his piece out with; I asked him how the ramrod came bent like that; lie said It was when le hit deceased aon the haed after lae knocked him over; I said, you must have been pretty close to him; he said yes, Ite was, lie stood against the fire-itace; 1 asked imtas how he got itn; lie said he knocked at the window and told himithiey were playing apidown the street, and that my nucle was bad, and I could not come out ; that Mac got alight and let liam it, and .then went in to dress himself, that he camte out to the bed-rootm door, and asked who were laying tlt, and then, he said, I let him have it; 3 I said, you've done a pretty job, especially as we ) are all kitoasi at :h u Pilain stabout the waicha; lae ; silid, " Ott, h- the watch, that's all settled

now;' we.lhan had. breakfast and, packed up our. Ii things togoato Longford,; I saw him straighten It the.ramrod, and knock the bit of brass on the top t of the etock; he straightened lils ramrod on a meat I block, and bit it with an axe. I should know that I piece; this is the brass piece 1produced) ; the bend 3 in the ramrod was about eight Inches from the top; s this is the.gnn (prodnced); I went away to my I washerwonman'ato,ggqtsome shirts, ipaviiig Mnllay; I in the hint ; I suppose I was gone about half an hour; when I came back Mr. Brownrigg was just   come up to the hut; he was on horseback; he   came to the hut door and said, are you ready to   go to Longford ; we both answered yes; he said,   well, I most go and get the mare shod; he went away, and was gone twenty minutes; when he caie back he said, has Mac been over? we, said   no, he said well you can go when the coach comes, and I'll stop and give Mac the key of the hut; I remember when Brownrigg took his horse to be shod, Mullay said, "I'll watch the bloke and see, whether he goes over to Mac's;" the coach came and we went away to Longford; when we   got there Mr. Hortie was from home, and we waited till Mr.Brownrigg came there, and he sent us back to Perth, and it was abouta two o'clock when we got back ; we got our dinners and sat in I thetbut till Mr. Brownrigg came over; lie ,asked i me and Mnllay it we had seen Mac4 we said. no, we had not seen, hium; that day; Mr. Brownrigg said, "oh, I saw him this morning, ,but I was not close. to .himt;n After , this Mr. Brownrigg went away, and Mnllay and myself staid intthehut till near seven o'clock; I said to Mullay,. well, you may depend there will be a precious row. about this; he said, "'whyyou n- fool the bushrangers was over at Longford lastinight, they will.think they have beeni here.;" it was near seven o'clqek when Joseqph Brown:came to the hut, and said, Good God, Mamnuuara issshot and murdered, in his own place, at tlneLeather Bottle ; he says !'come over;" we.did !go with Brown; going along Brown said that Mrs. Foot had.lost.her cows, that seiehad benntlooking for them, and not having seen Mac naniara all dayjsie thought it strange; she.knocked at ida ,door, and not getting ann answer sine tried the lock; when she opened the door and saw him lying on the floor dead, that sine went over and told him of it; Brown, Mnllay, and I went into the Leather Bottle ; Brown had a candle with him, and. then. we saw Macnamara lying actosa the threalnhold ofl his bed-room door, dead; I wanted to lilt him pn the bed, Brown said no, let him be till Mr. Brownrigg had; seen him ; me and Mnilay, went:tthen. to fetch, Mr..Brownrigg ;. Brown, also left the Leather Bottle; the door: was locked and Mullay took the key; we went up to the town ship together as far as the St. Andrew's Inn; I stopped there to get a glass of something to drink; before I got it Mr. Brownrigg came tup to tthe door; we told hini what Brown told us, and that we had been down there and seen him; Mr. Brownrigg said " nonsense, such a thing cauld'nit be," and we all went down to Brown's place, andltrom there to the Leather Bottle, and there we found Macnaniara as .I have already stated ; I recollect that night, I was in the hlnt; Mullay went down to watch opposite Macniamnra's place; that was Friday ; oe Saturday Mnliay went to Lougflrd with a prisoner; I did not go to bed onn Friday night; I did not see Mnilay again till Tuesday evening, and then lie was in custody; the inquest on the body was sitting; I was also given, in custody on the Saturday ; when I[saw ,Mullay on Tuesday, lie said to me "well, how do younfeel?" ie did not speak losd,-I said I did not feel.well at all; lie said. don't make a fool of yourself; at this time Mullay was standing at the constables' hut door; and I passed on to the in quest; the next time I saw Mnilay was after the inquest, in the constables' hut ; he then said it was all over; I said no, you'll find it will not end here; lie said " oh, you're a In- fool, they cani do nothing at all in it, for there's no evidence';" we were ordered over to Longford ; we came over with three other constables; coming along Mutlay said there was some blood on the brass trumpet pipe of his piece; I said why did'nt yoni wipe it off if yon saw it, lie said he was afraid the man oni the coach with hinm would see him ; he said he shnild account for that by saying lie killed a snake eo 20th April, when we Hent to Snake banksa with an escort-he said he should bring me up to prove. it; .1 said for God's sake don't get me further into it, I'il have nothing to do with it ; that was the last timee we had an op portunity of conversiug together without seine one being with nn. In consequence of the fatignes of the previous day, his honor felt unable to proceed funrtlher that evennng; and, it being then seven o'clock the court was adjunrned till next day, and the jury in the mneautine were given into the charge of the sheriff,

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