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Sydney News.

BRISBANE CIRCUIT COURT. (Abridged from the S. M. Herald.)

(Before his Honor Mr. Justice Therry.)

WEDNESDAY, MAY 15.

MURDER.

Jacob Wagner and Patrick Fitzgerald were indicted for the wilful murder of James Mars- den, otherwise Charles Martin, at Wide Bay, on the 9th March last. The indictment was framed to include both prisoners as principals or acces-  

sories, and it alleged the death of the deceased to have been caused by shooting, and by wounds

inflicted on the head

This case was very fully reported at the time. Wagner and Marsden were shepherds, and Fitz- gerald hutkeeper, in the service of Mr. Joseph Benson, at Wide Bay, being stationed at an out- station ; on the evening of the 9th March Wagner and Fitzgerald came in to the head station, making a loud lament to Mr. Benson that Marsden, while out with his sheep, had been rushed by the blacks and killed, and his sheep dispersed ; from their manner and state- ments Mr. Benson distrusted their tale, and not- withstanding their endeavours to prevent it he immediately proceeded on a search for Marsden, continuing it during the night, but without success ; from the singular demeanour and half confessions of Fitzgerald, and the sullen and threatening manner of Wagner, Mr. Benson was convinced they knew more of Marsden's death than they professed, and the next day.both men stated that they did not believe the blacks had anything to do with his death ; eventually, two days afterwards, Marsden's dead body was dis- covered on his run, with one of his dogs lying beside it; a medical examination showed that Marsden had been shot through the upper1 part of the body, the charge entering behind his shoulder and passing out at the chest, that he had received heavy wounds on the head from a blunt instrument, and had been stabbed in the thigh by a sharp instrument, apparently a large knife. Wagner had admitted that he had fired off his gun three times at the native dogs, and Fitzgerald, when taken, had a butcher's knife in his shirt. The evidence taken ran to a great length, being entirely circumstantial, and prin- cipally directed to the circumstances and state- ments tending to connect the prisoners with

Marsden's murder.

Mr. Parker, attorney, who appeared for the prisoners, cross-examined the witnesses closely, and in defence urged that there was no case against Wagner.

His Honor summed up at great length, and was interrupted by Fitzgerald, who recalled Mr.

Benson, and again cross-examined him.

The jury returned a verdict of guilty against both prisoners.

The prisoners protested their innocence, Wag- ner in particular saying that he was a murdered man. They were then sentenced to death.

THURSDAY, MAY 16,

HORSE STEALING.

William Butler was indicted for stealing a horse from Richard Lovell, at Ipswich, in May, 1849. Guilty. Five years hard labour on the

roads.

LARCENY.

Smith M'Donald was indicted for stealing splitting tools from Mr. Berry, of Ipswich. Guilty. Three Years on the roads.

UTTERING A FORGERY.

Bartholomew Corfield was indicted for uttering a forged order for £2 3s., at Ipswich, on the 12th March. Guilty. Five years on. the roads.

LARCENY.

Thomas Denham (known in the district as Cranky Tom) was indicted for stealing sundry articles from John Petrie, on the 17th March. Guilty; the jury expressing their conviction that he knew what he was doing when stealing the articles, but recommending him to mercy on account of the weakness of his intellect. Three months' imprisonment with hard labour.

FRIDAY, MAY 17.

HOUSEBREAKING.

George Crosby and James Lane were indicted for breaking into the house of John Bishop, at   Brisbane, on the 27th April, and stealing there- from money and apparel. Crosby guilty ; Lane not guilty. Crosby was sentenced to seven years on the roads.

LARCENY.  

William Rust was indicted for stealing a bundle containing several articles, the property of James Sparkes, at Brisbane, on the 8th May. Guilty. Three months' imprisonment, with

hard labour.

SATURDAY, MAY 18.

THE ASSAULT CASE.

At the opening of the court this morning, his Honor said that in addition to the sentence

already passed on Mr. M'Taggart for assaulting Mr. Bidwell, he should order Mr. M'Taggart to enter into his own recognisances in £200, and two sureties in £100 each, to keep the peace for

twelve months.

SENTENCES.

Thomas M'Guinness, convicted of honsebreak- ing, was sentenced to five years on the roads ; Michael Collins and Joseph Ricketts, convicted of housebreaking and larceny, each three months' imprisonment; George Page, Norris Carrol, and Daniel Maud, convicted of larceny, each one month's imprisonment ; William Stan- ley, convicted on two charges of larceny, was sentenced to three years on the roads for each.

SHOOTING WITH INTENT..

Bichard Banbrick, soldier, was indicted for shooting at Wangul, an aboriginal native, with intent to do him some grievous bodily harm, at Brecham, on the 28th November ; and William pearns and James Frederick, soldiers, were in- dicted, for being present aiding and abetting. There were four counts in the, indictment, vary- ing the charge.

Although the evidence in this case was very lengthy, the facts were very simple. About nine o'clock on the evening of the 28th Novem- ber, a report was circulated in Brisbane that the native blacks had commenced killing cattle, that they had surrounded the house of Mr. Petre, who lived on the outskirts of the town, and intended to attack the town itself. This caused great excitement, and without due enquiry a panic appears to have seized on the inhabitants. The circumstance was reported to the chief constable, who said he was too ill to get up, and desired that Dr. Ballow, a magistrate, might be informed of it. The report also reached Mr. Cameron, commanding a detach- ment of the 11th, regiment, who with great alacrjty, ordered his men under arms and then went to Dr. Ballow, who desired hom to go out with his men and see what was the matter. Mr. Cameron then marched twenty-three men

to the blacks'- camp, about three miles from .the town, where the blacks were all quiet, and the report as to the spearing cattle and cows found to be groundless. A bystander observed that a boomerang was thrown by the natives, upon which three shots were fired and three natives were wounded. There was some difficulty in proving, who fired the shots., except in the case of Kearns, who admitted that he had done so; but the other two, persons were short of ammu- nition.      

Mr. Parker addressed the jury for the defence, contending, that as far as Banbrick and Fre- derick were concerned; there was no proof what-

ever against them.    

His Honor, after referring to the facts of the case, said that if the jury believed the prisoners were the men that fired, the question then was, were they justified, in doing so. That they fired, without orders, or against the orders of their officers, was evident. Soldiers, like other citizens,

could use force to prevent a felony from being committed, or to resist an attack, but here there were no circumstances of justification; the blacks were quiet in their camp, and doing nothing would justify their being interfered with in any way. (His Honor here quoted at some length the charge of the Lord Chief Justice in the case of the Mayor of Bristol.) By a recent statute, the jury, if they thought the intent to do bodily harm not clearly proved, could bring in a verdict of guilty of a common

assault.

The jury, in about half an hour, returned a verdict that Banbrick and Frederick were not guilty, and that Kearns was guilty of a common assault ; recommending him to mercy on account of his youth.

His Honor, in passing sentence, expressed his sorrow at being called upon to perform such a duty upon one wearing the British uniform. The sentence was, that the prisoner Kearns be confined in Sydney Gaol for six months. The other two prisoners were discharged.

There being no other business before the Court, his Honor addressed the jury, and, in the name of the country, thanked them for their punctual attendance, a punctuality which he

believed to be unparalleled in any circuit court in the colony. With the exception of one melancholy case, the calendar had not been heavy, and he had now much pleasure in dis- charging the jury from further attendance.

The Court then broke up.

KEMPSEY, MAY 8.-MURDER BY THE BLACKS. -News has just reached us of a murder recently perpetrated by the blacks of the Bellinger River, on the person of an old man who had long been a sawyer both at that place and the M'Leay. The circumstances are as follows :-On Thurs-

day, the 25th April, five blacks named Doeboy, Moogo, Ugly-boy, Mickey, and Charley, came to the hut of the deceased (Daniel Page), inhabited by himself, wife, and child, and another man John Hely, requesting, as they frequently had done before, to be put across the river ; they were about to comply and went as far as the bank, when perceiving that the blacks were fully armed, and otherwise suspicious looking, the white men thought it not prudent to leave the shelter of their hut, and after a few words consultation, determined on returning; they had no sooner come to that resolution than one of the blacks threw a spear at Hely, which he narrowly escaped by stooping his head suddenly. They then made the best of their way to the hut, during which time both men were wounded by bomerangs. Unfortunately all the implements of defence which were in the premises were two knifes, with which they succeeded in preventing them entering the house ; when unfortunately one door leading to the store was broken open, and Page, in endea- vouring to drive them off, received the wound of which he has since died, he, however, succeeded in refastening the door. They then threw the blacks some provisions they bad cooked, with which they retired. Immediately on their doing so, the white people set off, in the hope of

gaining a vessel, (Flora, Captain Grimwood), then lying in the Nambuccra, about seventeen miles from the scene of violence; but the wounded man being unable to go further than two miles, they were obliged to leave him on the beach, wrapped up in a pair of blankets,

and a bottle of water beside him. The others

reached the vessel in the evening, the master of which behaved most humanely, rendering the sufferers all the assistance in his power, sending back with the woman next morning two of his sailors well armed, while Hely proceeded to the M'Leay River to obtain medical aid, and to report the circumstance to Mr. Merewether, the commissioner. The woman and sailors were not able to find Page that day, he having removed from the place in which he had been left, in the hope of following his companions to the vessel. They resumed the search on the following morn- ing (Saturday), when, after some difficulty, they found him ; he was sensible, but quite exhausted ; he was removed to the hut, and died the follow- ing day, previously to which he told them that the blacks had discovered him on the beach, and robbed him of his blankets; these miscreants also took out of the hut three bags of flour, sugar, tea, tobacco, pipes, cooking utensils, bedding, &c., and a small boat, which was moored at the wharf. Medical assistance, from the distance, did not arrive until two days after his burial, when be was exhumed, and upon a   post mortem examination it was discovered that the oesophagus was completely divided, and various other severe contusions upon the ab- domen and head, from blows he had received by stones. It is the opinion of the medical man that the injury in the throat was sufficient of itself to cause death. There are five policemen at present engaged in the search after these blacks, and it is to be hoped they will succeed in taking them, as two of them were more, than suspected of having been perpetrators of the murder of two men, a woman, and child, some years ago upon the same river.-Herald Cor-

respondent.

WELLINGTON.-GOLD.--For some years past reports have been circulated respecting the dis- covery of gold in the neighbourhood of Wel- lington, and there is no doubt that small por- tions of the precious metal have been found We have seen a piece about the size of a small pea, which was recently found with other small portions, near Burrendong, and was pronounced by competent judges to be the real thing. Neither is there any doubt in the fact that Mr. M'Gregor found a considerable quantity of the precious metal some years ago, near Mitchell's Creek, and it is surmised he still gets more in the same locality. We have heard of several gold seekers coming from other quarters in search of their idol but none of them were suc- cessful in discovering gold. Several specimens of copper and lead have been picked up, and it is to be hoped that our district will yet prove a rich one in mines, and minerals, as it is not

likely, from the aridity of the climate, to be very productive as an agricultural district.—

Bathurst Free Press.

SUICIDE.-An inquest was held yesterday, before Mr. J. Ryan Brenan, on the body of a young man named Allen, residing in Fort-street,

From the evidence adduced it appeared that the unfortunate youth, had destroyed himself by taking a dose of prussic acid whilst labouring under a fit of temporary insanity, and a verdict to that effect was found by the jury.-Herald,

May 29.

THE FINE ARTS.-We have been, favoured with a copy of a lithographic print of Mr. George Robert Nichols, executed from a drawing by Mr. Rhodius. The likeness is exceedingly striking, and from, the popularity of the subject, the clever artist, may confidently expect an ex- tensive sale. The lithograph, is exceedingly well executed, by Mr. Allen, of Bridge-streçt, Sydney, and is decidedly creditable to his office. S. M. Herald.  

QUEEN'S BIRTHDAY SPORTS-John Devlin was charged, by one Thomas May with having assaulted him on the evening of the Queen's birthday, by knocking his hat over his eyes, and striking him on the forehead- The case was fully proved, and Alderman Egan stated his intention of visiting all offences of this de- scription. with the utmost severity, as it was necessary strong steps should be taken to pre- serve the peace of the city on holidays. The prisoner, who is a conspicuous member of the cabbage-tree mob, was fined forty shillings, and four shillings and sixpence costs ; but not having the needful, decided on retiring to gaol for one month.~Herald, May 29.

ROBBERY.-William Hand, William Holden,  

and John, Bellamy, who have been for some time under examination for stealing tea from the brig Cygnet were yesterday committed for trial

WBSLEYAN MISSIQNARY SOCIETY -The annual meeting .of the New South Wales Auxiliary Wesleyan Missionary Society was held in the Centenary Chapel, York-street^ on Monday evening last, the usual preparatory religions services having taken place on the previous day. Mr. G. Allen, M.C., took the chair. The re- port read to the meeting was a general synopsis of the parent society's proceedings in the year 1848-9 (similar to that read in Maitland at the missionary meeting, and reported in the Mer- cury at the time). The usual series of resolu- tions, pledging the meeting to further exertions in carrying out the objects of the society, were carried, being moved and seconded by the Bev. Messrs. Boyce, Lewis, Salmon, M'Donald (a mis- sionary lately from the Navigator Islands), Dr. Boss, Watsford (lately from Feejee), Mansfield, Oram, Ham, and Lecois. The sum collected at the preparatory services on Sunday amounted to £23 9s. ; and the collection at this meeting was upwards of £25.-Abridged from the Herald,

May 23.

PARRAMATTA.-STATE OF THE WEATHER.

The late protracted drought in this district had so completely parched up the seed which had appeared above the ground, that in some places the farmer had commenced to plough afresh, preparatory to a second sowing; Dut to the joy of every heart in the town and neighbourhood, about three o'clock on Saturday morning last, the rain descended in a most copious and truly delightful shower, which continued occasionally all day, but ceased ia the night. It commenced again on Snnday morning, and was showery before daylight. Fine during the day, bnt rained again at night. Never was rain more seasonable in this place, as vegetation has been at a perfect stand still.-Herald, May "29.

THE PRESBYTERIAN CHUBCH.-The Bev Mr. Boss, the Presbyterian minister in Goulburn, has received A " call" from his former congrega- tion on the Paterson. The efficiency and Chris- tian like manner in which the rev. gentleman has performed his responsible duties in this dis- trict has endeared bim not only to the members of his own communion, but to all denominations of believers. A meeting of the inhabitants who attend his church was held a short time since, at which Mr. Patterson presided, for the purpose of considering the best means to adopt for re- taining the ministerial services of the rev. gen

tleman. A series of resolutions and a petition were adopted, and Mr. M'Kean and another gentleman were appointed to form a deputation to present the latter at Berrima next month. Should this memorial prove unsuccessful, there is an appeal to the Synod In Sydney against the proposed translation. " We earnestly nope that the steps which are being taken to prevent the removal of the rev. gentleman from amongst us will be crowned with success, for his catholic spirit has proved of signal service in uniting the members of all sect« in the bond of brotherly love.-Goulburn Herald, May 25,

ST. PHILIP'S GRAMMAR SCHOOL.-The foun- dation stone of this edifice waa laid yesterday. On the Bishop arriyiving on the ground, his Lordship requested the Venerable tbe Arch- deacon (the incnmbentof the parish) to perform the ceremony, which, after prayer, and making a few preparatory observations, he duly did. His Lordship then addressed a few remarks to the persons assembled, and the proceedings closed with prayer And the usual "blessing. Tbe pupils of the St James* and St. Philip's Grammar Schools, several of the -clergy, and a large number of spectators, were present on the

occasion.-Herald, May 29.

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