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CIRCUIT COURT. The Court opened on Wednesday at the usual hour. Mr. Kirby re-called by request of a juror. The horse that was shot at was a gelding. Charles Townley Brown, re-examined by Mr. Ireland : I have been two years in the detective force in this, country—and have never been in that capacity before. I arrived at Casterton on 10th or 11th October, 1859. Prisoner was arrested on 11th January, 1860. Mr. George Chaffey's house was under two miles from prisoner's house. During October and January, I was constantly in his com- pany with the view of obtaining evidence. I attended dancing, &c., with prisoner and wife, but never alluded to the murder. I was arrested on January 9th, at my own request. I have been frequently at the water-hole. I researched the river soon after I arrived, but did not dig up or dig in the river. I kept company with no one when I searched. I caused the prisoner to be arrested. I was taken out as a prisoner of the crown to work. I made application before his arrest to be allowed to go out. It was a sham arrest. The lock-up is built on logs and contains two rooms, we could see the daylight through. I considered I was doing my duty- by telling him I was sorry to see him there. I considered it right to do anything to cause detection. I pretended at one time to make our escape and the prisoner also tried to effect it, and looked round to find a means. I promised when I was turned up to give him a saw to make his escape. On the 16th he asked me to move a bundle some two days previous, I told him that the blacks' were to search the river. It was not true at the time. Since then he became very uneasy. I told him several things in my past history which were un- true. The witness detailed the scene with reference to the bundle as given in his former statement, and in answer to Mr. Ireland said that what he told to prisoner was untrue. He told me he had returned the Hunts. He told me I knew the whole affair I would not blame him. I said I did not blame him for the murder of Mrs. Hunt as of Hunt himself. He replied no, that if he did not put her away she would come it over him. He was sitting on the bed at the time, and turned over. It. was then I felt the hot tears falling on my face. There was nobody by when all this took place. No one was in the other room. We talked low. There was nothing to prevent a policeman outside hearing the conversa- tion, it I had so arranged it, I should have had to talk very low. I reported daily to Constable A'Hearn, but never proposed to him to listen. I did not know that prisoner was to make this statement to me at this time. It wouldd have created suspicion to have placed the sergeant in the next room. Constable Desmond did not know who I was There was great difficulty in getting any witness to corroborate my statement. I was not afraid of them contradicting me. I said nonthing to the Constable about " tip" I did not call prisoner over, and say that I had been thinking about his charge all night. He did not say that I must have thought more of his case
than himslf. I did not ever say in the lock-up " George I can not ever save your life or take it." I did not say the day before I was given in charge "I was at Mr. Baxter's and you know the place where they water the horses." I did not say do you know the place where the longfellow and Curtis bathed. I did not say " Well, thought I would have a bathe myself, and when I got there what do you think I saw." I did not say I'll tell you then, I saw a piece of body floating on the top, and if that be found it will be sufficient to hang you. He did not say it might be that of a black fellow. I did not say it did not matter. I did not say do you wish to be hanged. I did not say well George i'll give you a chance for your life, don't blame me if you do not take it. I did not say I am going to get my discharge, and when free, if you will give me £300 I will remove the body. I did not say I had seen many an innocent one suffer. Prioner said he would get bail from Mr. Curtis and get out and then le would "slope." The proposal to go to New Zealoed came from the prisoner. I did not say I think you were guilty, nor did he say you are a liar. We were on too good terms for that. When I was taken up he offered to go bail for me. I did, not work upon his feelings. He worked upon me. The statements about searching the river, &c., were made in an- swer to prisoners question. I could not tell how many lies were told during the whole transaction. The prisoner had no drink during the 8 days I was there, ex- cept milk and tea. I considered I was do- ing my duty to my superior. to paint the case as it suited ue. I do not think I was degrading myself by adopting the course I did. Patrick Desmond sworn.: I am a con- stable at Casterton. On the 11th January I went to prisoner's house. I did not tell him he was a prisoner, but requested him to come to the township. He came on horseback and I was on foot. When we came us far as the water hole, he said "go ahead Desmond I want to water the horse." I went a little in advance and re- mained on the road while he went to the water hole and watered his horse. It was at a place pointed out to me by Constable A'Hearn. He rode past there and joined me in about six minutes. He was arrested immediately on his going into the town- ship, In the lock-up on the 21st January prisoner made a statement to me without my holding out any inducement whatever. It was after something had been found by A'Hearn and Brown in the water hole. I was reading a paper awl he was reading the Bible. He said " Desmond do you recollect the morning when you went to my house," I said "yes." He said " do you recollect when we came down to the river side," I said "yes." He said "did you take any notice of me when I watered my horse," I said " yes, I thought you remnained inside longer than you ought to do." He said " I went that time to see the state of the body, and saw it was floating in the water. As I suspected, you went out that night to make a pri- oner of me," While the prisoner and Brown were in the lock-up I slept in the next cell, from the 11th to the 17th. The partition is of squared logs. There were only two cells. By Mr. Ireland : When prisoner and I were passing the water hole, it seemed that the prisoner was a long time at the water hole. This was before the bones had been found. It never occurred to me to go and look for bones. T'he impression I had was that he might make his escape. I took Brown out of his cell sometimes, but did not know anything abotut him. I al- ways slept in the adjoining cell. On the morning of the 17th Constable Jackson told me he was a detective. If any parties spoke loudly I could hear them from my cell. 'I'here is no possibilitv of hearing otherwise. Brown slept near the partition. I could not set f'rom one cell to the other. From the 11th to 16th I was the only person about the lock up. If a hole were made in the logs I don't think any one could hear. There was nothitng to prevent A'Hearn being about the premises. The door was fastened outside by a lock, and there was an opeing, but there was more difficulty in hearing from there. 'The was a barred window above, and if any one put their ear there he might hear what was going on. Prisoner seemed much ex- cited when he was speaking to Mr. Chaf- fey on the 17th. When he was speaking to me about the body he was calmer than before. He was always talking about the murder. He did not say anything about it till after Brown produced the bones. Constable O'Hearn examined:I never knew Hunt or his wife. I arrived at Casterton on 3rd or 4th November 1858. On my arrival at my new station I caused an advertisment to be inserted in the Police Gazette, 18th Oct., 1859, for Mr. and Mrs. Hunt. This was corculated all over the colony at various police stations. I re- ported the circumstances also at Penola Guchein Bay, &c., on the Adelaide side. I was present with prisoner about June, 1859. He was not in custody. He had made an application to the police magistrate stating, that he had heard that it was the intention of the government to have the garden dug up with a view of searching for the remains of Hunt and his wife, adding, "if such is the case I should like it done at once before I put in my crop, otherwise it will put me to great expense or inconvienence in losing the spring of the year." No proceedings had then commenced but on the same day several witnesses had been examined, and prisoner might hav eheard of this. I apprehended prisoner in January last, and obtained a search warrant for the articles produced. I locked prisoner up myself. Dective Connstable Brown was in the adjoining cell.
At nightfall of the same day prisoner ap- plied to me and said he would like to be in the same cell with "Charlie'." This was complied with. Next day I took out Brown to work and employed him and other men to search prisoner's farm. I knew that Brown was a constable. We first searched the house, floor, and fire place, then continued to searclh about the farm from the 12th to 16th.Witness was here requested to mark on a plan the rela- tive position of Hunt's, Baxtetr's and Waines' house &c. T'he distance from Barker's tent and Hunt's hut is alout 400 or 500 yards. F'rom Hunt's to Waines' 300 yards exactly. From Waines' house to the township of Casterton is about three quarters of a mile. 'The distance from the water hole to Casterton is 8 chains nore than a quarter of a mile. From Waines' to the water hole is less thau half a mile. On the 17th Jan I took Brown out as usual. On escorting him from the watch house to Glenelg Inn he made a communication to me anti I proceeded to search the water hole, We took opposite sides of the river and searched for about an hour and Brown whistled to me. I came accross, and be put a long stick into the water and raised up something from the water hole. It was between 20 and 30 yards from where hores are watered. I then stripped, went in and fetched it out. It was the hip bone or the thigh bone of a human being. I procured a bucket and took them to the lock-up. I called in Dr. Radford, who examined them. They were then in the charge of Constables Brown end Desmond. 'Ihey were after- wards sealed up, and I took possession of the box. Those remains were exhibited to Dr. Wyly on 23rd January. I opened the box in presence of the coroner's jury. The seals had not been touched. I have made several searches since then at the water hole. I found the mouth of bag, and several pieces in the same spot, (now produced) This was on 31st March. I found also one human rib. On the after- noon of the same day I found an arm bone and blade bone. Also a stick (pro- duced ) T'here was about six feet water at the edge, and 19 to 16 in the cen- tre at the first time. When I found the last bones the depth at the edge was about 3 ft. I was present when 18 ribs were found and 15 verterbrae joints. I received from T'homas H. Peat, a thigh bone and leg bone. I had pointed out to him the spot where the others were found. From Peat and Charles Mullalley I received another rib. I put them in a separate box and had them examined by Dr. Wyly. They were also examined by Dr. Radford. The water hole cannot be throughly searched without draining it; a difficult process. I have made enquiries at all the- stores at Casterton and Sandford, with respect to any debts due by Hunt. By Mr. Ireland: I did not know that Brown was pumping the prisoner. I had no power to order him to do any thing. He reported to me daily what had passed between them. A person outside could hear if those inside spoke loud. I got the stick produced deep in the mud out of the water. I had to drag it up. I have heard that Mrs. Hunt had prominent side teeth and could be identified by them. I have heard that it would take 50 men a month to drain the water hole. I was authorised to expend £20 in draining, but had been told that it could not be done for less than £300. Phillilpa Chaffey, sworn: I am wife of George Chaffey at Casterton. The witness Charles Brown was in my Husband's em- ploy about three months. After Brown had been arrested, I saw the prisoner on the 17th Jan. I had occasion to pass the lock-up door and he called to me. Con- stables Comyn and Desmond were present. The prisoner clasped his hands and said, "Mrs. Chaffey, I am guilty of the crime I am accused of." I asked him if it was possible, and he said it was. I said "What on earth could possess you to committ such a crime," He said it was first jealousy. They made so many tales about his wile that he made up his mind to do away with them. I asked if he killed them both on the same night. He said he did, and had done away with them. He was very desirous that I should come to the lock up again in the evening. Ile wanted to make a will. He wanted me to bring Mr. Curtis, and also to have his wife there. He told me the property he took from Huant and his wife he would like Hunt's friends to get. He should wish all debts to be paid, and his wife to get the remainder. He should wish his wife to go to England, and if she had any wish to get married he had no objection. He was afraid if she remained hre, she would marry some scampt who would take all she had and leave her. I did not go in the evening. He also said that he hoped they would not wait for the court day to commit him, as he knew he should be hung, and the sooner he wss dead the bettter. By Mr. Ireland : I knew Mrs. Hunt. She had one or more teeth gone. George Conynd, sworn: I am constabe at Casterton. On 17th Jan. last I was present at a conversation between prisoner and Mrs. Chaffley. The prisoner commencied it. I had just gone to the watch house for a few minutes. Waines appeared much excited. He said, "This is a horrible case." This was after the discovery of the remains. He then asked me if I knew any of the circumstances of his case. I told him I knew little about it, and what I knew I would not tell him. He then said that Mrs. Waines was innocent. I cautioned him then that if he told me any thing, it would be given in evidence against him. He did not seem to mind, but appeared to be relieved by making his statement. He asked me if Hunt's friends would get back the property belonging to Hunt. I said probably yes, it it belonged
to them. He said it did belong to them. I said you must be guilty of the crime, and he said he was. Soon after some one passed by the watch house and prisoner asked me to call them in. I refused to do so. Soon after Mrs. Chaffey passed by. He asked me to call her in, and I did. When she came in I told her that Waines wanted to send a message by her to his wife, and also to make some statement to her. Prisoner then requested her to send for Mrs. Wines, and said that he intended making a will in her favour that night. He said that Mrs. Waines was innocent. Mrs. Chaffey asked Waines if he was guilty. He said yes. She then asked him if he made away with them both the same night. He said yes. Soon after Constable Desmond arrived at the watch house, and he made the same statement to him in our presence By Mr. Ireland: I know the water- hole. It is about 5 times the length of this roo:m and about its width, and the depth ranginig from 2ft. to 12ft. Thomas Henry Peat sworn : I assisted in searching a spot pointed out by Constable A'Hearn. It wae about 3 feet from the bank of the Glenelg river. Got a stick, and got out a human thigh bone. I then went in the watetr and grasped about and found several other bones. I gave them to Constable A'Hearn. This was on 3oth March. On the following morning I saw in Constahle A'Hearn's possession the most of a body with a saddle strap around it (identified.) I then searched again and found a shin bone and rib bone. I left these in the water. On the 2nd April I researched again and we found pieces of bag and straw. On the 4th April, I found one more rib, I gave it in charge of Edwards the bar-man of the Inn. I mentioned this to Constable Ahern. By Mr. Ireland: It was in the water- hole I found these things. The water varied from 3½ feet to more than 6 feet in depth. It could have been drained. I should think for £150 to £1200. Charles Mullalie sworn: on the 14th April I found a rib in the water hole, which I gave to Constable Ahern. George Chaffey, sworn: I keep the Glenelg Inn at Casterton. Detective con- stable Brown was in my employ about three months up to the time that Waines was taken in charge. He was engaged in training it horse and as general servant. I have known prisoner at the bar for five years. He was in my employment 18 months, and I have sometimes purchased hay, oats, &c., from his farm. On the 27th March I was passing near the prisoner who was walking in front of the watch house in charge of Constable Desmond. I said, "' Waines, it is a dreadful crime for which you are committed," and he said, " It is.'' I then said, " It is my opinion that you cut up the bodies at the joints tied them in bags, tied them across your horse and distributed them in various parts of the bush. He said, "No I never cut them up, but the parts that had been found had got out of the bag in which I placed them, and it is a part of the maIe and not the female. I then asked if it was true that screams were heard on the night of the murder as those women had stated in evidence. He said "No, they had no time to scream, for after treating them to some grog and paying them the money for the land, Mrs. Hunt asked if he could allow them to remain in the hut for a fortnight while Hunt sought employment. He said to her that they could not have the hut, as Baxter was about to occupy it. She then said, " Oh! that's that b-- whore's work at the Wannon." Mrs. Waines was stopping at the Wannon. He immediately struck her with what he had in his hand, and struck Hunt at the same moment, so that they had no time to scream. Constable Desmond was present at this conversation. Dr. Caleb Radford, sworn: I am a quali- fied practitioner and coroner of Casterton dis- trict. On 17th January last I was called to go to the police barracks at Casterton to exa- mine some bones. I examined a pelvis, thigh bone, the last bone of the back, and a loose bone unattached called the coryges. There was it good deal of ligament attached to these bones. The male pelvis is distinguished from the female from its general shape and diameter. In the female pelvis also the bones called the illia or hip bone, are more extended. In the female the opening is a great deal more oval than the male, the latter being more square. The formation of the thigh bone also assists to determine the sex. There was a thigh bone attached to the pelvis. From the examination I made believe these belong to the female. From the condition of the soft parts I think they must have been many months in the water. Some time afterwards I examined 20 ribs and 13 back bones, one arm bone, one shoulder blade and one leg hone (the tibia) and a thigh bone brought me by Constable Ahern. These l think, had been in the water longer than the pelvis and other thigh bone. The 20 ribs belonged to one body. 'The thigh bone was that of a male. I believe the other bones except the ribs, which I cannot distinguish as to sex, were those of a male body. By Mr. Ireland. I am quite positive as to the pelvis being that of a female. The second thigh bone I am sure was that of a male. I am inclined to believe the ribs were those of a malle. As coroner I gave an order for the internment of the bones, but as far as I know they have not been interred. There is a marked distinction between the pelvis of an Aboriginal and a European. I believe I could distinguish between the two it they were placed befor me. Dr. Thomas Wyley, called: I am a duly qualified medical practitioner residing at Merino about 15 miles from Casterton. I examined some remains of a body shown to me by Constable Ahern at the barracks, where they had been taken for con- venience. There were the pelvis, the last bone of the vertebra, and the left thigh bone. There were some ligaments attached. I attended as a witness at the coroners inquest. From the examination made I have no doubt that to bones were those of a female. On the 3rd inst., I exam- ined 18 ribs, 6 lumber vertebra, 7 dorsal, 2 cervicle, right femur, left tibia, right scapula right humerus; and on the sixth April, 2 ribs. The right femur I believe to be that of a man.
As to the other I can give opinion whether male or female. Dr. Radford recalled : I held a coroners' inquest on the first bone brought to me. Prisoner was present. Charles Townly Brown, was examined in his presence, and the prisoner put some questions to him, which I put in writing, together with the answer. It is us follow: " Did I tell you when I did it, that I did not intend to do it"? You did not say that, but, seeing Hunt so much stunned you would finish him. He might have said, he did not intend to kill him. He told me moreover, when I knew the whole affair, I should not be surprised at his murder- ing the Hunts. John Peachy sworn; I am a carpenter at Caterton. I knew Hunt. The evening be- fore he was missed. Mr. Ireland then submitted that there was no case, to go, before a jury according to the English law it was necessary for a conviction to prove " corpus delicti.' This included 1st, the fact of death, 2nd, identification of the body or remains, and 3rd, the criminal agency of the other party as the cause of death; and he quoted from various legal au- thorities to show that a prisoner's confession where the " corpus delicti" is not proved as insufficient for a conviction. He was willing to admit the 3rd point, but the first two were not proved. These was no evidence what- ever that Mary Hunt was dead. Some bones are found, but there is nothing to identify them as the remains of Mary Hunt, and it is quite possible that the Hunts may be in America or New Zealand, or may turn up in this colony at some future day. There must be proof of death apart from the confession of the prisoner. The learned counsel cited instances from various authorities in illustra- tion and support of his opinion. Mr. Brewer said he admitted all that his learned friend had said about the law at the case, but did not admit his inferences. Un- corroborated confess without any independent proof of "corpus delicti" was insufficient evidience, but in the present case the confes- sions had been all accurately corroborated. All that prisoner had confessed to Brown was corroborated by the subsequent discover- ies made of the bodies, and by the evidence of various witnesses. His several confessions to otler persons were also all corroborated by other and independent testimony, while the medical evidence is sufficient to prove that the parts of bodies found were those of a male and female. He considered therefore that there was ample evidence to go before a jury. Mr. Ireland, however, proved his objection, repeating that apart from the prisoners con- fession there was no evidence of the death of Mary Hunt. His Honor considered there was sufficient. evidence to go to a jury. 'There was evidence that a crime had been committed. Without prisoners confession there could be cer- tainly no identification of the bodies. But there is no necessity to prove the corpus delicti if there is other corroborative evidence. The circumstances, however, he said were novel, and although he ruled that the case should go before the jury, he would refer the decision to a full court to be held at Melbourne. Mr. Brewer, on behalf of the crown as- ceeded, to this. The point of which His Honor made note is the following:-"That there is no evidence beyond the confession, of the identity of the body, therefore there is no independent, point of corpus delicti." Mr. Ireland then addressed the jury on be- half of the prisoner. He explained the difficulty between direct testimony and circumstantial evidence, and showed that it was necessary before convicting upon the latter testimony that there should be a moral certainty of guilt. He showed in what this moral certainty consisted merely in such belief as would be sufficient to induce any juror to act upon it in his own affairs. He cited a number of instances of this inabil- ity of the most apparently clear circum- stantial evidence. He then went through the evidence and endeavoured to show that independent of the confessions there was no evidence whatever of the death of Mary Hunt. There being no identification of the body, and also that all the circumstances brought out now, were quite consistent with the supposition of the innocence of the ac- cused. The learned counsel then attacked the evidence of detective constable Brown, first commenting, very severely upon the conduct of that officer in moving himself into the confidence of the accused, and working upon his feelings in order to afterwards betray him, and then showing that there was nothing ever in his evidence which was uncorroborated by any other but himself necessarily to im- plicate the prisoner as there was no proof that the remains found in the waterhole were not placed there by himself. He argued that the crown was bound to bring direct testi- mony of the death of Mary Hunt especially when search could be done by draining the waterhole at the insignificant expense of a few hundred pounds. The learned counsel then cited instances of false confessions and parties who had been unguilty convicted upon them, and ended by a strong appeal to the jury to acquit the prisoner if they had any reasonable doubt of his guilt. Mr. Brewer then addressed the jury on behalf of the crown. He concedes all that his learned friend had said about the necessity of moral certainty in all circumstantial evidence. He then went through the various points in the testimony of the witnesses, and showced, how they corroborated the confes- sion of the prisoner. It being then nearly 9 o'clock, the Court adjourned till the following morning. FOURTH DAY. Thursday, April 19th, 1860. (The Murder case continued.) Waines was again placed at the bar, when His Honor summed up the evidence which occupied nearly two hours and the jury then retired, and after nearly two hours absence returned a verdict of "Guilty " and His His Honor pronounced sentence of death. The prisoner showed no evidence of his being affected by his position. The execution of the sentence to be reserved until the decision of the full Court upon, the point reserved be known. Thomas Donkin Chisholm charged with forgery on 13th January, 1859, and a second count with uttering a forged warrant. The following jury were sworn: George Nurthen William Winter Jas Doucal Robert Hopkins Hugh McPhail Thomas Potter William Soundry Thomas Candle John Dick James Kennedy, junr. Jas. Doueal--foreman. The witnesses except Mr. Castles were orrdered out of court. The crown prosecutor, Mr. Brewer stated
will shew this, that when he searched the hole he saw a substance floating on the water re- sembing as he said, a piece of mutton. 'This was taken out and afterwards examined by Dr. Wyly, who pronounced it to be the re- mains of a body. It has also been shown on direct evidence to be part of a female body. Subsequent to this discovery, numerous confessions had been made by the prisoner sometimes to one person and sometimes to another, but he was not at liberty to state what these were. There was no inducement. for him to make these statements, they were entirely voluntary. Mr. and Mrs. Hunt had no children. They had a dog and a parrot of which they were very fond. Prisoner said Mrs. Hunt had taken these away. The dog was afterwards recognised on the prisoner's premises, and he saw that it had returned two days after the Huts had gone, and he had passed it. It is improbable that the Hunts would take a dog and a parrot and leave her jewellery and marriage certificate, and if they did so and the dog returned, why should he poison it. The learned counsel then again urged the jury to weigh tbe evidence impartially, and unless they were perfectly convinced that the pris- oner and no other person committed the murder, to acquit him. Dugald Campbell, sworn: I am a mason near Casterton. I know prisoner at the bar, and I also knew Robert and Mary Hunt. In May 1858 the prisoner rsided on his farm near Casterton. Robert Hunt and his wife resided on their farm near Casterton. Their houses are about 200 yards apart. On 5th May 1858 the prisoner was at my house with Robert Hunt. They got an agreement drawn (the one produced in the agreement.) It was drawn by me and signed by Robert Hunt. The agreement was read. It referred to the purchase of land by prisoner for £139 15s. to be paid in six months. In October 1858 I saw the prisoner at his own house on his farm. He told me that Hunt and his wife had bolted-that they were in debt. I asked him at what time they went away. He said it was towards morning. I asked what Mrs. Hunt did with the cockatoo and bitch which she had. He said he did not know, as he did not see them leave. He said it would be better to say nothing about it for a day or two till he should get the furniture and things removed, that Hunt had in his hut -lest the blacks might hear of it and come and take some. He said he bought every- thing they had except the wearing apparel. Some 4 or 5 days afterwards he told sme that he was £45 short of the amount he had to pay Hunt, and had borrowed that sum from Mr. Kirby. After the first day I talked with him I did not see Mary Hunt. On the morning I saw some dresses hanging outside of Hunt's hut on bushes, as it laid out to dry. He said on that morning he always intended to buy the land and that he borrowed £45 from Mrs. Kirby to make up the amount. At the time of the Hunts disappearance prisoner said to me that he had shot some horses belonging to Mr. Chaffey, of the Glenelg Inn. On another occasion he told me they took only two small bundles. George James Baxter sworn: I am a labourer at Casterton. In 1858 I knew the prisoner at the bar, and also Robert and Mary Hunt. In 1858 I resided at a house of Mr. Chaffey's, about half-a-mile from them. The last time I saw Hunt was at his own house, some night a week before he dis- appeared, about 5th or 6th of' October, 1858. I went previously to the prisoner about a fortnight before, and he said Hunt was goinlg to leave and I could go and live there (in liunts house.) He told mne not to tell any one, of' the Hunt's. I saw prisoner on Monday 4th, he dined at our house, and he had a bottle of' spirits. He said he was going to settle with Hunt that night and took a bottle to give him a parting glass, and he gave my wife and me a glass each. I saw him on Wednesday at Hunt's hut; he was moving the things away. He had a horse and cart with him. I helped him to put some of the things in the cart. Prisoner told me they had gone away in the night and left everything behind. He had bought everything but the wearing apparel which they were to send for when they were settled. He told me they were in debt, and that they had shot Mr. Kirby's horse. I went to live at the hut, and I bought some bacon and flour from prisoner which he told me had been Hunt's. He gave me two meer- schaum pipes and tobacco belonging to Hunt. Mrs. Hunt had a dog. In Nov, or December, I was reaping at Waines' and I saw the skin and bones of a dog resembling Mrs. Hunt's dog. Prisoner told me that was the dog, and he had poisoned it. It was near Mr. Chaflfey's paddock where I was living. Sarah Baxter, wite of thie previous witness being sworn corroborated the first half of his evidence. The court here adjourned for an hour. Sarah BaIxter's examination resume d. Since the disappearance of the Hunts I have seen a bonnet and other things belonging to them. Constable Michael A'Hearn sworn: I am senior constable of' police at Casterton. On 11th January, 1860, I apprehended the pris- oner, and executed a searoh warrant at his house. I found the articles now produced (various articles of apparel, including a bon- net, skirt and body of dress, woolen jacket, parasol, man's shirt, &c., &c., with baptisual certificate of Robert Hunt, (B) marriage cer- tificate (C.) Robert Hunt, aged 22, and Mary Fretwell, aged 28, also weddiing rings and other jewellry and various papers were her produced. To Mr. Ireland: I got all things from the prisonors wife, who said they were the pro- perty of Hunt and his wife. Charles Townley Brown sworn : I am a de- tective officer. I took tihe paper (marked A) from a work box belonging to Mrs. Waines, in Mrs. Baxter's tent where Mrs. Waines had removed. I found also a gold watch and chain and some books belonging to Robert Hunt and some books and a sword in prison- er's house. To Mr. Ireland: I got these on 23rd Jan., 1860, a man named Jack, in the prisoners employ, was in the house. There was no con- cealment of the things. Sarah Baxter recalled : The bonnet pro- duced is the one I saw in the possession of the prisoner. I have seen the dresses now pro- duced upon Mrs. Hunt before 5th October. I was in Mr. Chaffey's service with Mrs. Hunt. I think I have seen the brooch, now produced, on Mrs. Hunt at Mr. Chaffey's. The prisoner at the bar shewed me the work box produced in the latter end of October. I saw the watch with Mrs. Waines 3 or 4 months before the Hunts disappeared. To Mr. Ireland : I saw these things on the 6th and 7th Oct. My husbund helped Waines to remove some furnitare. The watch was woorn by Mr. Waines, and I never saw it worn by Mr. Hunt. We were at the hut about 4 months.
Margaret Ann Diwell sworn; I am a mar- ried woman, I reside at Casterton township, in 1859 I resided in the hut that was Mr Hunt's. I knew Mr. and Mrs. Hunt. I saw Mr. and Mrs. Hunt. I saw Mr. and Mrs. Hunt at their hut on the morning of the 4th Oct., 1859, but not since. I was frequently at Waines' house and conversed with him. About the middle of May, 1859. On the Sunday I said to the prisoner " have you heard what Whittaker is talking about. He said no. I said he was speaking of the mysterious dis- appearance of Mr. and Mrs, Hunt. The prisoner then said " I will ask what he means by it." I then said if he wanted Mr. and Mrs. Hunt he could find them in two days. At another time, in the 1st week in June, 1859, I was dining at the prisoner's house. P'risoner said if he had known there would have been such a fuss about the things he would have turned them out and burnt them. The prisoner said he thought he should get into trouble through Mr. Baxter's setting it afloat about the things belonging to the Hunts. I said " no, I did not think he would " that he would have to be proved guilty before any harm could come, and I believed they never hung anyone on circumstanial evidence. He then said "if that was it he would very soon put all the b-- troopers and magistrates at defiance. I had said I believe they would ihave to find the bodies belore any harm would come. The next day I said to prisoner " you are very foolish not to have had a receipt for your money." He had said that he had bor- rowed £100 of Killern to pay Hunt. Mrs. Waines said, George you have got no receipt or agreement. You have burnt all your pa- pers with Hunt's papers. He said he had the agreement and he fetched the little box and produced the agreement (produced.) I saw the signature, and that made me uncommforta- ble, because he told me Hunt could not write. At another tiime in the beginning of June at my own hut, prisoner said he was going down the town to Mr. Hearn and Mr. Curtis to ac- count for the money he had paiid Mr. Hunt with. He brought Mrs. Waines with him, and told her to stay at my hut till he fetched her. He returned about 1 o'clock that night, the lower part of his body was wet. I asked him if it had been raining. He said the wet would shrink his trousers. This was a week after the conversation about the bodies. The same night he lhad a letter for me from the post office, and asked to see its contents. I said it was fromn a sister of mine in Portland. He said he wanted to see if the murder was talked as much about in Portland as in Cas- terton. I said if I were in his place I would try and find the people. He then said that Mr. Curtis had wished him to advertise. He said it was of no use for they would never an- wer to the name of Hunt, nor ever come back, because he had told Hunt he would tell of him shooting some horses. For two following nights Mrs. Waines was with me. It was moonlight. Prisoner fetched her away each night, but did not come in. I left on 15th June, as it was more than I could bear to see the trouble Mrs. Waines was in witlh regard to the subject. To. Mr. Ireland : it was on 28th April, 1859, and left on 15th June. On the night prisoner came back, it had not rained all day. It was between the 4th and 15th of June. Pre- vious to this I never heard any one suspecting Waines. Before Whittaker came to us I had no suspicion of the prisoner, but alter that I had my own suspicion that foul play had occurred. I continued to live with prisoner and his wilfe alter I suspected them. I did not know Detective Brown before he came to Caterton. The police barracks are about a mile from where I live. Sarah Barker, sworn : I am wife of Henry Barker. In Oct. 1858 I lived on Mr. Camp- bell's land near the boundary of the prisoner's land near Casterton. It was about 200 yards from my house to the prisoner's house. Robert Hunt's house was nearer to my house, and was between it and Waines. I saw Mrs. Hunt last on the beginning of Oct. on a Mon- day evening. She was in her own yard, I went to bed a little after dark. In the night I heard three screams in the direction of the prisoner's and Robert Hunt's houses. I never saw Mary Hunt after that. T'he second day after that on Wednesday I saw the prisoner. I went on business to his house. I met him at Robert Hunt's house at the door. He had a cart loaded, and his wife was with him and another man, George Baxter. He was put- ting a tub into a hole of water. His wife said, "George, don't break the woman's tub." he cursed the tub and the woman it belonged to. They took the cart down to his house and I followed with Mrs. Waines down to it. While standing on the cart, prisoner said with reference to Hunt's, it was their own wickedess that caused them to leave. I re- marked the articles closely. I saw nothing packed up, every thing loose. I saw the bonnet and some other wearing apparel now in court, on that day. I was intimate with the Hunts. T'o Mr. Ireland: it was sundown on Mon- day evening when I saw Mrs. Hunt in the garden. There was a little hill between my house and Mr. Hunt's. I could not see his house without going to the top of the hill. Edmund Kirby, sworn: I am a squatter near Casterton. In Oct. 1858 or previous I did not lend prisoner £45. About six months before the 5th Oct. 1858 I had a horse shot at, and I offered £20 for the conviction of the person who did it. I mentioned it to the police, but no public proceedings were taken by me in the matter. To Mr. Ireland : I was told the horse was shot near to Waines' place, and that Hunt had done it. This was at the time of the occurrence. John Killeen, sworn : I am a shepherd to Mr. Henty. I know the prisoner at the bar. I lent him £100 for a twelvemonth. My bro- ther Patrick was present. T'he twelvemouth was up more than eight montlhs ago. In April, at the request of the prisoner, I lent it him for another year and gave him another £50. To Mr. Ireland : I remenmber the Hunts disappearing. It was some time before that the prisoner called on me and told me he was going to pay the Hunts for the land. Patrick Killeen, sworn: I am brother of last witness. I was present when the prisoner borrowed £100 from my brother. It was in the beginning of August 1858. Charles Townley Brown, recalled: I am stationed at Melbourne. By the direction of my Superintendent, I arrived at Casterton on the 10th or 11th Oct. 1859, to enquire into the strang disappearance of a person named Robert Hunt and his wife Mary. On my arrival at Casterton I sought employment from several parties there, and after a fort- night got employment with Mr. George Chaffey, Glenelg Inn, in felling timber and cutting it into short lengths for fire-wood. I had other employments, and then I got into the stable, where I remained. From infor- mation I received, I had myself arrested on 1st Jan. 1860 as a ticket-of-leave holder at large. Before this I had become acquainted
with prisoner at the bar and we were good friends; and we joined in all the gayities and amusements of the place. When I was arrested, I was taken to the Casterton lock- up,, and was brought before the police magis- trate and remnanded for nine days. There are two cells in the lock-up. On the following morning the prisoner Waines was arrested on suspicion of murder and put into the cell next to me. About 10 or 15 minutes he called out, " Are you there, Charlie? I said I was, and was sorry he was there. He said he wished to get into the same cell. I said I should like it as I was lonely, and told him to apply to the long follow Constable A'Hearn and he would get it. I had no opportunity of asking but on the evening he was put into my cell. Up to that time. I had never made my appearance in Casterton in the detective force. All that time I had been in the employment of Mr. Chaffey. When I was remanded in court I asked per- mission to go out and chop wood for the Constable, and cook, as it would injure my health to remain in. When the prisoner came to my cell I said I was sorry I had asked that, as they would likely send me out to search. He said he was glad of it as I should be able to take him the news of what was going on. I went out each day as a prisoner of the crown to search for the bodies of Mr. and Mrs. Hunt; and on my return each night as soon as the door was closed he would say, well Charlie, what have you been at to-day ? where digging?; We had been one day searching about the farm probing the ground, another time searching the creek, another time searching the chimney, and I told him all. I told him they were going to send a number of men, and dig the whole ground over. He laughed ant said they were losing their time, it would save him ploughing as he would put in his crop and harrow it over. About the 14th when I came in I appeared rather cool and told prisoner not to bother me. I told him there was another move on the board, because I saw by his appearance that we were on the very secret. He asked what it was. I said they are going to get blackfellows to search the bed of the river. He seemed uneasy and asked me when they were coming. I told him there were no blackfellows about the place and did not know or care where they came. On the lfollowing morning he asked me if I would move a bundle for him, point- ing to one that was in the cell. At that moment Constable Desmond came in and took me out to work as usual. I raised my hand to prisoner to hold his tongue. On that morning I made some communi- cation to Constable Ahern. On my return, when locked up after supper, prisoner became anxious to converse, and said, "About this bundle, Charlie.'' I said, " Oh! hang the bundle, I'm tired," and I laid on the bed. We each then got into our beds. Prisoner alterwards came over to me and sat by my bed, and said, " About this bundle again," and I said, " What about the bundle." He then asked me if I would move it for him. I told him I would. He than said, "I don't think you know what it is." I said yes, I tumble what it is, " old man." He then be- came much excited and drew nearer to me on the bed, and said he feared I had not nerve. I told him I had nerve for anything from pitch and toss to manslaughter. He said, " For God's sake, Charlie, you would not betray me." He then said, I murdered them. I asked him who, and he said Hunt and his wife He then became excited, and took hold of my neck and hung over me. He became greatly agitated, and tears fell on my face as he repeated "For God's sake you won't betrayme." I said if he thought so he had better not tell any more. He then said the bundle was a portion of the body which he had put in a bag with sand and thrown in the river Glenelg. He said on the morning when he was arrested he went to the river to see if it was all right. He found it had escaped from the bag it was in and was visible from the bank. He said if I would move it he would give me £300 for so doing. I shook hands with him and said I would do it. He said do you know where they water the horses at the Glanelg, this side of Baxter's tent. I told him I did. He said about 20 or 30 yards this side of that I would see the portion of the bodies. He said I would easily see it as it looked like a piece of mutton. He described it as being the two hips, and one thigh bone. He did not say of which body, nor what had become of the rest of the bodies. I asked him about the skull. He said they were all right. I said, "if they were not I had better get them and make them safe." He said they were all right. He then said he wished me to go by day and see it, and at night take a bag and get it, and take it to Mr. Kirby's tea tree scrub. I told him, to go to bed, and as soon as I was " turned up," in a day or two I would do it. He said if that was out of the way he did not care a damn for the whole of them. We further agreed that after tihe prisoner was acquitted, we were to go to New Zea- land, and he was to get some stallions and we were to go into business together. Next morning I went out as usual with Senior Constable A'Hearn. In consequence of a communication I made to him, we went to the Glenelg river, and searched for the body on the side the prisoner told me, and then Constable A'Hearn went on the other. We searched for an hour. I then got on the branch of a tree about 30 yards from the hole for watering horses. The bank is almost 2 ft. from the edge of the river, the other 7 or 8 ft. on my side. I saw something it the bottom of the river, it was rather a light color. It was about 4 feet from the bank, and beyond me. I got into another tree just over it, and with a whip stick I raised it to the top of the water and saw it was some bones, andl I whistled to tle Constable on the opposite side. Constable A'Hearn came round to the side whrere I was. He took off his boots and jacket and went into the river, andt brought out the object I had seen. It prseented the appearance of the hips and thigh bone of a human being. We procured a tub and renoved it to the barracks at Casterton. Dr. Radford, the Coroner was sent for and came. The body remained in the tub in my possession, and I never lost sight of it. I)r. Radford examinied it. A box was then procured, and I put the remains into it, and nailed it up, and sealed it and gave it to Constable A'Hearn. I did not see that box opened. Tne Court then adjourned.