Portland Guardian and Normanby General Advertiser (Vic. : 1842 - 1876)(about) |
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Saturday 4 October 1862
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CRIMINAL COURT. THURSDAY, 2nd October, 1862. His Honor Mr. Justice Williams took his seat on the bench at 10 am. The court was opened and the jury pannel called over. James Blair, Esq., P.M. took his seat on the Bench. John Mahony wa placed in the dock, chaired with stooong at James Mortimer with intent to do grevious bodily harm. The prisoner pleaded not guilty. The following jury were then empannelled:- Thomas Notley, Alfred Saunders, Charles Lott, William Marshall, Michael Dent, R. G. Tytherleigh, David Stevens, foreman. Hugh Cameron, George Osborne, William Burkitt, Robert Hickleton, John Martin. The Crown prosecutor opened the case and detailed at some length the circumstances but which are fully brought out in the evidence. James Mortimer, sworn: Is a bullock driver employed by Mr. Chirnside was em ployed on 28th June by Mr. Chirnside and was going on the day in question to the saw mill beyond Hamilton.--This was on Mr. Glass' Mount Sturgeon run but on a public open road. Had a bullock team which witness was driving. There was a beaten sandy road. There was a log lying on the ground from one fence to the other. Passed over the log. When witness paseed through the fence heard a dog bark, a whip crack and a noise, and saw the prioner galloping on a horse. Pris- oner came up and used some very colonial epithets to witness.-Witness in reply said to prisoner well your'e a fool. He then said he would make me put up the fence. I said it would take a better man than him to do that. He then said he would let me see. Prisoner then pulled out a pistol stood up in the stirrups and fired at witness. He then snapt the pistol at me three times, and said he would drop me like a cock. The second barrel would not go off. No harm was done. Told him I would give him in charge to constable Kennedy. I do not think prisoner was drunk; he was sober. He was in a great passion and spoke loudly. Is not a friend of mine not that I know of. Had always been friendly with him - and never had any previous quarrel, with the prisoner. Cross examined by Mr. Harris who appear- ed for the prisoner. Prisoner was boundary rider. The log was lying on the opening which was 14 or 15 yards wide. He was about 300 yards away, when I first heard the crack of the whip. We both said a few rough dirty words to one another ; said he was a d-----d fool. Said but very. little to him. I said I did not take any fence down. He said you're a liar &c., &c., It was then I called him fool with the adjective. Prisoner took the pistol from the right hand pocket of his pes jacket. The pistol was not rolled in the handkerchief but the handkerchief came out with it. At the time
he fired I was about 20 yards from him - Was standing 3 or 4 feet from the pade ? bullocks. He was facing me. Could not know whether he ............? me or not but he pointed the pistol at me. The bullocks stopped when the pistol was fired - The pistol was double- tc. ie as Pt re-wT? '-e y-teSt 'as &ait I. 'St.-std s d Sii?t- u: C aE 7 tie* t isni-L w-immsr w ias rr- a :awcmz. empin St s Cming yeo o v - , t.. r- .i . sne sEr steeasp I iitiirrciaEarv u cr=nSer as- rna as:'i I -- aisaet n ole: Emmcr y £sgnrCozarfe»»ra: Azrs is e' f.ia'Ser ,~ Jciil, Co a usc s, , Sve r S"'fx~cim at iermner, T "- liam LrIy I :D r- Mn 1 t :2atey d rner -- Yr sats Jam-- -M~ Jhmae!" 14 Orftmik =Nne ;, -:?. t uf Mi.s Ee. ig ce = -1aisale, Isssad-t Ces bra Xac asn rAns. tin .t A ' Vie4 ie rmse d :tr o ?an.iL 10 gr* r as =ailc 10 3Jle, = F M7 s a rbstner atnt sc-rta tua in J:i e le. ir paSrer Z ise 71d47- Sas*n SR o = En a Ic T iznad: se. fleasrd iha: m Tasestjera- n 1 Hitie te v--r - !e thgt Ne tir tba Si7cas sE il wr, lr. pwsed that tbhe Jira staL v Ias Twid Be eaid Ia cas et i se Id Ziti isd vat at ix a w t a 'rra t Be $ sta c.s flgeCa" tite j'aIttrm L - rT b: ? ir-Se.cryc trtý Sta:k xn it s *9.set th c rai k me iat ? prc - crr h as r-f rs:d --n iar eCr1 C a warcr V '71 La e a:05 l scad s;td, al -A o esidelt Do as2 yafV init tihe Paro. tc:?l aI ry- olard tc rYt As ted no z ir, *a ad. , is j D Sle- fw iC sa» i ras l r tc S -he b t _i_ _ S, d t hav tchee tro oder ywe It at =rwct» ther pa er badc a, ol tolthe tact tc cath cy rcost cd an the ?nm? SXted tesiWy eofd the proseU:Ar. and laa= Si ? rt the i ir " to har e breen rs a athc te ber ther.s ut" ha l or oehe t1 twemy satds betrween the-. thovabt o the c e t.as weak and oi the j2y had d* t they shoud go ?s tavor at the pri i e jtry brought in a erodict withot lear. 1eiD; the bc C oa- not geay." The pu tiewr Was ditdhargtd. Da"id Hay andJobn Qsinfirnn. were placel in the dock. chared the former with forge and th onlthe a iuh iouerg a cheque lor t ae atme t jury towas C i. trled hae Li. SThe wit*esesi was tordered out ofe court. The Crown Prosecstor opened tLe t cae, htA as adl the detail hive . t sore lraid Laere the pauic it ii needles o rerecap talate. Nothing mutrial was adranceA .* addition to w o or&- t-AiWter.. mat . Mn Rh th dcd the prosec tri wa examrine Sand then s uderwent a crun-eaqination by Quinlivan, ebt he was not able in any ware so shake her tectiwary. e create laugtr in te court, and u in to such an eta h cer, and c es were preQ ibalny employed ia reprtesci M. taken was that of Dergeant igs wLo proved that no such person as Fee hage lived in iThedistrictt oru or e far a oat od cLairt eever hid e here. This co-uded the 'cae Cor thew row r oed the Quinliran addressed the jury and cxpia.ed buw the cheque ca"de 4ire u tto io roe*sx:l ' and Ltw it athseqr p tly got in the rhadi a of preacurtriz. is statement was odrwcer someuiha to iroted h- it amounted to Lia. athat Mis dd tWk the cheque from hw e paket togeth r with other papers and i stn told that thte eque w nogod gotinto a paslton and refaned to givre i up. MTr. rrins would take the oindeion of i d Honor as to whether there wer any feloniou Sintentionon the parf ie sy or whether the-r was ertdete so far as t ay was concerned to t go to the jury. His Honor decided on submitting the case to the jury. t Mr arrisad then addressd the jury in Le- L halfe tho of tt: ' to pry. it entered int o an elaborae statement ia the nature of forgery and comented at some a length on the evidence of Hardy and held a tired to consider their erdict. William Cochrane and William crear, were placed at the bar charged with breaking the Baths the property of Jamesi Feers and-o Sothers.* m . t te b The prisoners pleaded not guilty and wrto undefcnded t JurorsL : . o Ma son Charles op &?n of Tomss Salmsi, Dun-an M ror.e, J.mt, loracks tone, James there, .John ? ofeloare Ijaid h.eat. y, Abraham Jeraiu;. ., I ,ter?jaunai Stbention on the pcut r .s',, or .ther there au jdt the r.ro. r ai 1*7 r u co.al'oed lo c urtgo ts at e n to the jar .e FrakJaes toarett who ia srn I, iurneirr then rddt rtlad the ju'r i r 1 .ie etnr fd in'.o m elxlOnL', ltei+nae it o | "the .tare , of f'rge , d coa?r?mnted ea t it nas t oas the eidt the of H r *a T eldr rtht ttiay aoeer i opnr.e-t ;r not * e Sicsd to oa.ndor i en dicit \\'illiin Cuchraae «nd .nit-*'rT, to eod » pering too door1 timbenr Ic., froa tbe Bth the property of J e runate- Fenaed he prioarn plemarded Dot uilty t 'ert Juror. :-: . Et I- , ChirIe* ' c.ct. I' I'avid U',','. , Aa b rsd Jeariitas, lart tajinu io r-.iimerit \n 'rfl t »t I'i r'lartd '.1.' <l' jC t [ a I .O -'j.*»» r .'s (.*ailau u, r)i.s.r. 'j a.l : ' >ru s a
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