Lists (None yet)

Login to create lists

Comments (None yet)

Add New Comment

11 corrections, most recently by c-l-h - Show corrections

QUARTER SESSIONS.

Perth, Wednesday, April 3,1844.

Before W. H. Mackie, Esq., Chairman, a

full Bench of Magistrates, and Grand     and Petit Jury.

The chairman addressed the grand jury at some length, and referred to the several cases and the heavy state of the calendar, remarking that they had now before them the first case of murder committed by a white upon an European since the founda-    tion of the colony ; that this case rested upon circumstantial evidence, and that it behoved them to weigh the matter well in their minds, as all testimony of this nature required great care and deliberation; at the   same time they must recollect in these cases it was seldom that eye witnesses of the  

deed could be adduced, and that a strong chain of circumstantial evidence was worth  

more than the testimony of one individual, who might be actuated by motives of re- venge or malevolence. [The able address  

of the chairman we are under the necessity   of abbreviating in order to give the entire evidence connected with the case of murder, for the same reason we have been compelled   to abridge the other cases]  

Goongor, a native of India was charged with assaulting Hookhum Chan with intent to murder by suffocating. Plea not guilty. The most important evidence, besides that of the party on whom the assault had been committed, also a native of lndia, was that of the Rev. G. King, who found Hookhum Chan bound to the bed posts, with some marks of violence on the chest, and blood on a cloth that he wore. In defence, the prisoner denied everything that Hookhum Chun had sworn, and said if he intended to kill him, he could have easily done it with the stick produced. The motive assigned by Hookhum Chan for the attempt, was a dispute concerning some money he owed   the prisoner. Verdict, guilty of a common  

assault . Sentence, six months imprison-

ment with hard labor.

John Gaven was indicted for the wilful   murder of George Pollard of the Dandalup River, laborer. This case excited consi- derable interest and the court was crowded. The prisoner was about 15 years of age,

and the deceased seventeen.

The Advocate-General G. F. Moore, Esq., opened the case on the part of the crown, and after stating the evidence to be adduced, called

Jane Pollard, mother of the deceased : I remember Ash Wednesday, 21st Feb. last. About the middle of that day, be- tween 12 and 1 o'clock, prisoner came in to dinner, and my son, the deceased, sent him for a gimblet to the carpenter's shop. I recollect then telling my son that I felt very unwell and could not sit up, and I told prisoner to get up the dinner. I felt as if there was something very heavy over my heart. Deceased recommended me to go to bed, and after prisoner and deceased sat down to dinner I did go to bed. There was no one else in the house then. When I went into my bedroom I left prisoner and deceased in the kitchen. I fell asleep and was awakened by prisoner coming into my room with a piece of board in his hand. He said, "are you awake, ma'am?" I said yes. He said deceased had sent him to me   with that piece of board which had been broken off a door. There is no door to my bedroom, nor to my son's. I told him to

leave the board there till his master came home. He had been checked twice that day for slamming a door behind him. Prisoner was not a minute in my room. I then tried to sleep again, but was disturbed by the deceased beginning to sing; he was

then in his room, a lean-to, next to my bed- room, and the partition wall has not been   filled so that I could hear partly what he  

said, but not all. The last words I heard him sing were—

" And when we close these gates again  

We will be all true blue "  

The sound of singing then suddenly ceased. I lay a little longer, but I was aroused by some feeling I could not account for, and I leapt out of bed. I exclaimed, "good God, is there no peace for my afflicted heart," and that I could find no relief but in prayer. I went to the door of my room leading into the kitchen, and as I passed through the doorway I saw the prisoner in the act of drinking out of a basin. He laid   the basin on a shelf, and was leaving the kitchen, when I asked him what he was doing ; he said he was filling a barrow with straw at deceased's door. I went to the kitchen door to see what he was doing, and saw him lifting up straws in a lazy manner, dropping almost as much as he raised. I  

asked him if he did not mean to fasten the straw down, and he said he would do so with a string. I went into the kitchen to prepare my dinner, and while doing so, the prisoner came in and stooped under the dresser, but did not take or ask for anything; I asked what had become of a jug of milk, as he raised himself I observed his lips were very white, and I thought he had been drinking the cream. He went out of the kitchen, and I went on with preparing my dinner, and was making some batter, when I thought of going to see what deceased was doing, as I did not hear the sound of his flail at the barn. I went out of the kitchen torwards the deceased's door, when   I saw the prisoner rush out of that door   looking wild as if in distraction. He began to stoop and look down and about him, I asked him what he was looking for, he said nothing; I said he could not look for less. He continued walking about in the same way for a minute or so when I said, "Why Gaven, you are like one losing your senses ; are you losing your reason, or what ails you, boy?" he made no answer that I heard. He was then going towards the   carpenter's shop. I then went to the door of deceased's room, and saw him lying on his bed, with his back to me. I called him two or three times, and no answer was given.       I went in and shook him, and was surprised at his being so fast asleep in so short a time. There was a coat over, and tucked under, his head. I removed the coat and saw him in a gore of blood, and thought it might have been from bleeding at the nose. I put my left hand under his face, and my right hand under the back of his head, to raise it up, and my hand sunk into the back of his head. I raised his face a little, and he breathed a few times. I clapped my hands and said," my child is smothered in his own blood." I screamed, " George, my jewel, tell me your murderer". I am

sure he was not dead when I first raised his     head. I called out, George, George, and Johnny Gaven, Johnny Gaven. My son Michael came immediately to me, and asked what ailed me, I said Johnny Gaven was after murdering his brother. He asked if he should go for Mr. Singleton, I said yes, and he immediately went. Michael had been in the burn picking ont drake. The barn may be 20 yajrd« from th« hnu*e» I cannot tell txaetly.jMv «on Thoma« next can»e to me. I kept goiii&n in and out of the deceased 8 room, »od guvrai» adae lying on tin» floor, and 'ouud it cuveii-d with hair, and blood and bra i nfc 1 found it lying <»n the floor ha.f-way between the bed und door. Ii might be about a half, or a quarter of an hour before Thomas came in. He carne up sereecking lo know what ailed me, and I told bim hi* brother George had been murdered, und 1 showed him the bloody udxe. He went by my desire to his »itter and broiher-in-la*, who live at a place called Corola}up. PrUoner came next. By thai time I suppose my FOI» Thomas had reached Coroiayup, which is four nine* off by the road, but, as I have heard, about two miles thsough the bush. All the time I bud kept calling out, " mur- der! murder! Johnny Gaven! Johnny Gaven Î" I saw him come i:p in a direc- tion from the piggery. When 1 last BUW him, he «as going from the house in the direction ot the" carpenter'« tihop. I said to him, Johnny Gaven, Johnny Gaven ; he replied*do you want me, ma'am ; I haid, do I want you Í Where have you been to, or why did you not come to me. When he came up to nu» he said he had been to the river tor a drink. VV ht h I saw him drinking in ihekitchen the bucket wa» just filled. I said 1 wondered he was thirsty again ho poon after drinking in the kitchen; he aaid he had not drunk then. I asked wh\ he had not don« so, when he had brought in the bucket mr ¡int ?wa »Mi h« iai*f hc W forgotten it. I aaid, if yo* lorgot ine water | ***-, did aot ftqgot t* merdsr py poor j

child. This pusspü querido tha house. Ka said he did not, cr. i vby did I lui it ou him, or any other pej^c-i;* I aakca who 1 could by it on but him, there being .BO other person on the premises that .day b¿> my three children and he. î told him I had M en him coming out of deceased's roonsp and bad every reason to suspect him. £ asked him several times why he did net come to me when 2 kept schreeehing ice him; he said he did not bea1 me He the* said, perhaps M native might bave killed the deceased, I replied that «here bad beeta no native> lhere that dav, or aevjerai daya betöre. He then said, perhaps he had murdered himself; î said, **you murdeiing villian, why should you belie rn,y dead child - he could not iahe an adae and murder himself on the back ot t{n head." He then went into deceased*« room and saîdk Georg© won't say 1 murdered him ; I answered,» you did not give him leave to breuihe. fía then called oat .* George, George," and î went to push him away from the bed, ho said "don't put a drop of blood on me; yon said I murdered >ourcbild,dpn'tpntadrop of blood on rae." I then took notice of hi« shirt be¡ng wet, and said, "yau villian, did you go ami wash the blood of my dear child off your clothes;" he said he bad fallen into the river* I do not recollect that I put my hand actually on him, as he stood back anea put up his hands to keep me off*. I said î would have the shirt off him. I put my apron round my hand, and seized him by the shirt collar, and pulled the shirt offhiri^ in order to let Mr. Singleton ace the ohiri was wet. ! used the apron to prevent tbö blood on my hand* ¿tainin^ his shirt. Ho wsnted another shirt from me, and wens «ith me into the kitchen* and I shut both 'he front and buck door upon him. î aa<* a cord lying on a chest, and tied his left hand,* hich he let me do without résistance, but be struggled much against my tying his right hand, hut Ï got stronger as he geî weak"}', und 1 tied both his hands at last» There were two large ro.omiB in th? kitchen» and he began to look about, and Ï wa& afraid he would escape, so I took bira into deceased's room, because there was only OK® door to guard, a/id only one window, i©& small to get through. ï had a stick in ruf. hand which î took up to guard him, and",. somehow or oihar he got hold of She sticky and I had a- hard struggle to get it buck« He aaid he would swear agamí-i me for making bim a prisoner, and hurting his hands After this he cante out of the de«

ccased's room, 1 retreating before him, and he then knalt down and öaid? "do forgive me, ma'am, and don't «ay 1 murdered you? I son, and I'll p ay ibr George," H« said

so several time». I said be had not gi reo George time to proy. After that, he said at different times,'* do, ma'am, blow ray brains out." 1 paid I would not imbrue my banda in his blood, as he had done hi» ira my son's, and that 1 would deliver him totho law After this he beca Joe more CUP©

hardened, and said he did not regard what í con Id do, as I did noUee him do it. He I kept coming up to mc, and placing his hands ¡ against me, and saying " Í didoV in «B i impertinent way. He kept doing so til!

the soldier Longworth carne up *o me, ibU t lowed by another person and Corporal Alcock. 1 know that deceased had borrowed a book of songs. I found tht book vlf gonge iii tLe deceased's bed at the time X went te his bedside. The nest day I looked into the boi»k to find the words I had heard hies singing» but could not. Afterwards my daughter found the words in a page glseé to another pagi by blood, I did not s&« an£ stains of blood on prisoner's clothe?. The ada« now produced is the one 1 fotlniS in the deceased's1 bedroom. The trousers produced are those the prisoner had on tho day in question. Tbeadze is my husband'*. The handle was not loose a¡? it now is wheo I found the adze in deceased's room- Th& handle was then in the iron socket. 1 lillee it by the handle. Hie prisoner was GO apprentice o f my hunband. The river op« posite our house was half tiie depth oí a pork barrel in the deepest part. Prisons? told me had fallen into the river at a spot where lhere were two or three pork barre!« :n the river, and near the bank. They were so close that a person could not faÛ

into the river between them and the bank«

Cross-examined ; I did not sec aaytbiaff particular in the conduct of prôoner and deceased to each other at dinner. 1 took no notice of their conversation» Deceased did not tell prisoner to go for the gimlet ia an angry mirmer. I never knew any quarrel between them» 1 recollect deceased »ayiug to prisoner, come away, dam Mina to'be blowed up in this raann|^ Êome» time» 1 had reproved dcceaaeoVina prisope?* but not ropaatcdiy. Wkene?e? prilQ&f£ wti reproved by giv? ©nsj d«stftí fe$ Vi

Xfimmm¥Hm*e**mimxAmm* ? ?«.

Ipart, ¿nd he seemed to be attached to de

«eased. ï never wiw anything hostile in the» prisoner's manner towards the deceased ,-upto the time of my lying down ontheday ajbrcsuid, I Raw no signs of any misunder- standing between prisoner and deceased X never $aw ¿he prisoner reading out of the book produced, î have heard bim hum« í¿ing a tuneat different times, but 1 never remember to have heard bim sing any ?rords, The tunre prisoner bummed were QOt pH.sdm tunes to my know ledge. Ga\ en oalfad me tuite a little louder than usual, when he brought nie in the piece ot wood. When the sound ot deceasid'* singing sud- denly ceased, 1 did not lieai any other oounds. The uueasiiieos I tell hud nothing to do with prisoner« I observed pilton er*» .spa Uh>k white as soon us he carne into the Jutenen, and be/pre ho stopped under the dresspr. He must Ime known that I «as then »h the ki« h< n. I did not suppose (fiat he meant to hule himself. He carne tn quickly, »looped down under the dresser, and «as going out ai» quickly, when ï asked biro who had drank »he milk, he then turned

riart.y' round to mc, and then I observed Lit lips. Deceased wa* a good deal taller und larger than the prisoner. When 1 saw prisoner coming up from the river, he was ooming very Jew !y. 1 could not tell at first whether he wfiS moving or landing. I eaw his face was clean as if just washed, but d'd

not notice wucthei his htad was wet. He did not »ay an} thing about a dog drinking out of the Kui ket .n t* »J k-ïchtc. ï did nut observe any waikno! h«ows about deceased's mouth. 1 have often hcr.rd deceased

»inging out ot the iKiok produced. I never hearu prisoner express any dislike to any ffong in the book. 1 do not know the t any coe had told prisoner to carry away straw. There had not been »hy pig killed about the premises for three weeks befoie. 1 do think that fresh blood «»tains can be effaced hy washing. I remember e di^h ol blood being in my room from e Satuidai tea ¿Jondav, on a chest. That was bom a fortnight to three weeks before Àbh Wed íifíday» The prisoner was not present at «i7 examination before Mr. fingleton.

By the Court : From the time 1 got up out oí bed till the timo i suv. bim lifeless, Weis about five or <l% minutes. NV creature was on the premi«es that day except myseH, the deceased, my sons Miclnel and Thomas, end prisoner. Thomas i-, between 10 and 11, and Michael berwe-en ? and 8. When prisoner came he s>aid his hge w«*s 14, ï neither saw or heard of uny natives about the premises that da},e$i?pt what prisontr spoke of

Thomas Polia id î am a son of lâbt wit-

ness, i recoll.it th« da my brother fc»s killed, I wuf tlnrii out ir rhe bu«h with the rattle. I beaut ii} mother vr\ out Johnny Gaven; 1 vun» »i Ü distance «ince measured of800 yu rd-tiem my lainei't, 1;OUM\, I ran Mp to my uiothei, and a4.eu whui was the Slatter, she *uid Johnno Gkven batt mur derrd îuy brplhe» (george. I «entinto the »com to<*«e ni} I loihef, but I could not tell %hetb«>r hi- «ah dead or a »i.e. ï went off *o «iv */rother'ij'-l«twV. j ran there. As

$ approached the duelling house when my enoiher called out, 1 BÍ.W prisoner going round iLecarpatiter't» shop a« if be waygoing Mito it. The carpenter's »-hop is close to the house. fJe ought to have hcutd my another tailing out much more plainly

than I did.

Cros*-{xa mined; I never beard pi J» oner olng or read out of the book pioducru. I have heard deceased fing -ongs out of ii in prisoner*» hearing, who did not appear at ali annexed at the pong», but continued with

whatever he was about.

J?» C» fcjogljeton, Kt-q.î ï am the commit- ting magistrate Mis.'Pollard gave me '¡io substance the sum« account &ke has give?) in court to-d&y. She told nie far more, bin I took donn only so much as I considered nezvi&ury. 1 wa* at Pollaid's the evening ot the m »ml er, und examined tht* body, it %us l}ing on and across a tira* bed, abaut the height of this couil tubb, ¡u a l*an*tc. The bed was acro&s the lean-to. 1 found She head cleft to pi« cet«, a continuation of wound*, quite a mush of skull, brains, and hair* 1 gave directions toi the body to be windit d. £HJ)} next morning 1 lemrned to Pollard**, ano, v» ah L^rrgt. Burrell, exa- mined th« body again. I found two wounds on face, one ocios* the cheek bone and none, the other arro** the temple, part of three flngfra severed,one tut behjnd left ear, se» ?eral blows on back ot h nul, smashing the ttkull into » nn in her of pieces, m a slanting direction, 9 inches long. 1 uuafcuied ihe several dmtmce» referred to, î *aw \\ç appearance on the bunk»* of the river af if any «Be had fallen. The river there li only 1$ ftot wide- 2 feç& $ or 4 inches deep sj* feet jiH ii. fepL. .ti» «arn^ie?'* fb<?p fc

22 vords from the house. Where Thomas

Pollard was herding the cattle when he heard bia mother call, was 800 yard» from the house. The spot at which prisoner toid he fell in was 48 yards from thehoiiM*, and the spot at which he said he cann; out 45 yardp. During Mrs. Pollard's ezami

iiHtion the prisoner was kept outside in the custody ©f two soldiers. Afbiward-sand while »he was present, I read ove»* her depo- sition to bim, and ayfced h»'r if it wa* ull light, and she said yes, hut J did not ré sueur UPT iu his presence. He put cjues 1 tiorij» io her. I saw a pork barrel in the

river jua! oposite the pari of the bank at whu-h prifront-r baid he had draak. Pri- soner wat examined by me two oi three bourg after deceased vi a* found dead, he wa« then stripped of hi« trousers, now pro duced, which were quite wet, and they Were left in the keeping of a soldier. The next morning I examined ill« trousers, when dry, and discovered what I conceive spots of blood, which I now point out.

Josbeph Harris, Etcj., acting Colonial Surgeon: I have heard the description given hy Mr. Singleton of the wounds re- ceived by deceaped. ï am of opinion such

wounds are Fttfficient to cause infant death.

I am surpmcd to hear that deceased breathed et all after them. I think euch

wounds were likely to ne inflicted by such an instrument as the adee produced. î think a boy like prisoner capabh oí inflicting

ruell wounds with euch an instrument.

For the defence Mr. Äash took the line

of adverting to the danger of tsuiting to merecircumsiatial evidence, quoting some cases in which many who bud suffered the extreme* penalty of the law on such evidence, had aftei execution been proved itiuoccnt. The learned counsel also expatiated on tbe evidence before the jury, shewing that all the expressions of the prisoner could bear a verv different interpretation to that imputed.

He further remarked on the total want of

any ti olive io commit such an etrociows crime; none had been nlledged by the crown» none attributed by the witnesses. The counsel had previously raised a point pf law, which briefly was this,-thai in the eve of the law the prisoner was not in court ; thut'the committal was illegal because the depositions before the committing magis- trate were tal. «¿in the absence of the prisoner, find iba» co?nmitta! being Illegal, all subse- quent steps w t-ie void. This was aigued a! great length, and with great aoilfcy, hut wa» overruled hy the court* the same pofctô was again raised in arrest of judgment.

The chairman after recapitulating the evidence commruted upon the ieg^l points in the case, and stated there was one for the consideration of the jury, that no malice prepense bud been proved, which was in the pri^oncr'ñ favor. The jury retired, and after being absent about tsn hour returned a ^verdict of guilty. The pHssiug of sentence was deferred until the following dny9 when the chairman, in a mest impressive and moving uddress to the prisoner, wherein he t'ulsrged on the magnitude of his crime, the absence of any provocation, arid lamented that s boy go young should have committed

one of the most diabolical crimea that the

foul feind could have instigated. He said ihore waa nothing iii tile evidence that could

induce the bend; to recommend him to

mercy, nor wast hi re an«' power for a higher authority,to interfere, he therefore solemnly adjured him to remember that, his hours ti ere unrobe: ed, and that ina short time he would be in the presence of his maker, but that he must also imprest« on his mind, that it would be some atonement if be were to to make a full confession of the motive»« that influenced him in com nutting so foul a deed. Hi* painful duly now was co pass the sen- tence of the law, '«That he should be taken lo the prison from whence he carne, and from thence becopveved op Saturday next to some convenient spot, where he should be hanged by the neck until he was dead, sud the4.) suspended in chains, end might Almighty God for Jcuus Christ's sake have mercy oa hh sinful soul.

Thursday, April 4, IB4À.

James Stoodley was indicttd for the man- slaughter of Wahbeciara,an aboriginal na- tive of the Upper Swan. It appeared from the evidence of Charles Gee and Henry Wilsen, both in I be employ of YV.L Brock* man, Lsq., at Giiijpnap, that ttsbbt marra

'«ml »not li cr native wert' seated at the are outside the house, the prisoner carne in bom til»1 bush and ordered them off; they did not trove, he struck them with the ¡ash ot h¡s cattle whip, when lie was remonstrated Will) B* \\lii decewsedj the thong ot the whip cams ofíjaipl Jie {lion, »bed the handle, e sajjal! gam sapling- T^e deceased fell and wks carried p£f by '(¿thor native«, ho

temzi incapibJ* cf w^ng iri&rot lap

S.

port ; he was not afterwards secfc by any of

the white men.

The counsel for fcbô prisoner, Mesur?". fechcalcs und N&sh, availed tlternselve» of thi* circumstance to plead the probabiliiy of his still being alive; and that the native tvhose grave had been subsequently visited was no1 that ot the alleged deceased.

The jury retired fora abort time, and re» turned a v*rdi«?i of not guilty.

Fdward .- aimer, John Scott, David Moore, Robert Scott, Amasa Brown, William Smith, and Richard Fisher t wero indicted fo»* Mealing three cat>ka of oil, the property of George Leake.

J urnes Lawrence, an approver, was {he

ebie I evidence. He stated that Palmer and himself wera sent to fetch in horses at

Leschenault, and on tí.» ip way back to "'eon's, Palmer told him he had r»eea some oil cubks on the beach. They were tried and found to, contain sperm oil and head matter. They then supposed they were

*oroe cafks that had dlifted ashoie from the wreck of the North America. The

casks were towed up the inlet and buried on

Scott's land. It v>at* their intention to send it to Scott's agent at Guildford«

In the defence, conducted ky Messrs. Schoales and Na*b, the chaiscter of the informer was severely handled4nnd evidence adduced that he had threatened to be re- venged on Scott and the einer prisoners ; and further, that the presumption was, that the oil in question wa»* part of the wrecked cargo of the North America.

Verdict, not guilty.

The announcement of the verdict was

received with great cheering, and seemed to give general satisfaction, arix.pg from the high character gome of the accused have lor many years borrie in the Colony, indeed, the Advocate-General, in opening hi» address fas Crown prosecutor, expressed his viibinghehs, although departing Irom the usual cours«', to state» that he had always considered John Scott HB an indus- trious and honthtman, from lim knowledge

of bim tor a series o{ years.

Zoom

plus
thumb
minus
left
thumb
right
up
thumb
down