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4 corrections, most recently by Garykent - Show corrections

Tuesday, Fkbuvarv 11. MANSLAUGHTER Edward Rheese, who was arraingcl fur tlic previous day for causing the deatluif his wife itosa niiecfc, was again placed in the dock. Hi* 1 1. -uor read over the evidence to the jury, and pointed out to them their duty in cue. .After a very clear exposition of tho points of the else he dismissed th in to con sider their verdict. The jury retired at] I.I. I a. in. nnd retnrnoil into Court at ll.'.li with a verdict of ' Not guiity.' The prisoner was therefore di-- mnnEi:. Billy Button, an aboriginal, was charged for that he on the 11th day of August last,   at George, in this, colony, feloniously wil   fully, and of his malice aforethought, did kill and murder one Jemmy, an aboriginal. Prisoner pleaded ' Not Guilty.' Prisoner was defended by Mr. Swanwick, instructed by Mr. Hamilton. The following jury was empanelled: J. McCarthy, J. Croft, C. Down, H.L. Pente   cost, P. Harman, J. Kenny, W. Murphy, 11. Hei7.«r, M. Uidgway,.T. O'Brien,. I. M'Intyre ]?'. Lloyd. Mr. P'ring briefly stated the facts of the case to the jury, and in their support called Michael Burke, who deposed: I am sergeant   in the Queensland police, and produce a bridle     James Bridges deposed : I am a laborer residing at St. George; know the prisoner ;   recollect the I Ith August last, saw prisoner on that date at the back of Cranny's yard ; Cranny is a publican, at St. George; prisoner   had a bridle in his band, the one produced;   saw the aboriginal Jemmy, whom I knew at the same time; Jemmy was coining up to   Cranny's yard, and the prisoner said to him, 'Go away, you black wretch, or I'll knock your skull in, prisoner said a second time, 'Go away,' and Jemmy never spoke but went away close to Roberts' stables, prisoner   ran after Jemmy and hit him six; or seven times over the left temple with the cheek of the bit; Jemmy ran at prisoner and tried   to get hold of the bridle, and prisoner knocked him down with, the cheek of the bit of the bridle; then prisoner said ' I pity     you, Jemmy,' and took him over to the shed; before Jemmy was removed looked at his bead and saw the wounds; saw Jemmy   afterwards in the shed, alive but insensible;   Jemmy was taken away by some more blacks; saw his dead body about two days after the assault; saw the doctor at the body about   an hour after its death, over at the blacks' camp. Cross-examined by Mr. Swanwick: [law   told this talc over a good many times over :i glass of grog ; swore at the Police Court that I siw prisoner strike deceased over tin ton of the head ; the accouut I gave to-day is Un true one ; the other was false ; primmer 1 saw put the bridle dowu where they put tlm harness; there were other bridles there; there was only one bridle there next morning ; 1 marked it because I knew it was tlie' one prisoner hid struck deceased with; I knew the bridle liy a knot in thu cud of tiie n in ; , it is not a common, knot; Jemmy hid a t«™n liawk in his belt ; never saw him put his hand to it ; deceased had a hat on ; it was not a lark ; 1 did not interfere at all «r he'd have hit me ; I sat on tlic feuce to !- U on : : prisoner took tlic bridle with him when be removed Jemmy ; never saw him oatcli \ prisoner by tbe arm ; deceased fill back wards ; when 1 saw him fall went close to him ; did not speak to him ; theic were blacks looking on wheu the blows m re being struck ; he could 11 jt speak, for tbi blacks tried to make him ; Baw tbo deceased try to bite prisoner after being struck the second time ; have been told by someone that the skull at tbe side of the head is thinner than oil tbo top. Jto-cxamined by Mr. Pring : A part of Hie bridle might have hit deceased 011 the top of the head ; I knew that to be the bridle Hilly hail before the sorgeaut told me to marl; it. Ur Klinapuol, of St. George, gave medical testimony as to the cause of death— a punc tured wound over tho left temple and pene trating about an inch and a half into the brain. At the bottom of the puncture, on the brain, was a piece of bone corresponding with the size of the puncture. The direct cause of death was compression of the br.iin 1 caused by the wound and the presence; of the bone in the brain. A man might live three days after receiving such a wound. When he saw the bo iy it had been dead for about ono day. The point of the bar of the check of the bit would produce such a wound. Afternoon Sitting. John Roberts deposed : I am a publican at St. George ; know the prisoner, and knew an aboriginal named Jemmy, whom I saw in sensible on Angust 11 in my back yard; he had two holes— one in the forehead and one in the left temple ; the prisoner was sitting by him ; I said, ' You see what you have done now ;' he said, 'Yes, sir, I hit him with the bridle ;' he said that it was all through the gin who was standing beside us at the time ; about five hours after saw the blacks carry him down the bank, but never saw him again ; had known Jemmy about three years as a very quiet inoffensive blackfollow ; had known the prisoner about six months ; he came from N. S. Wales, and was a pretty wild sort of character. Cross-examined by Mr. Sivrtuwick : Tho witness James Bridge is called 'Silly Jemmy' at St. George ; cannot say whether I would take his word for anything of im portance ; would not like my life to depend upon his testimony. (The witness' evidence was. not shaken by cross-examination). J. B.' iiollis deposed to seeing Jemmy in n partially insensible state., and to have a con versation with prisonor ; I said, 'What's the matter, Uilly ?' .and ho said, ' Jemmy came about bothering tnu aud I bit him ou the head with a bndlo ;' saw prissuor again ou the Sunday following; lie told 1110 Jemmy was dead; prisonor said it was all through his (prisoner's) gin thnt hu struck Jemmy , ho Baid J10 would kill Some more blacks be fore lie was done with thorn. . Mr-Swauwiak cross-examined this witness at considerable length, but without shaking his testimony. ' Mr. Bwanwiek addressed the jury for the dofonco, tho principal points being tho unre liability of tun evidence of tho first witness, and the disorepanoy in thostotementa rospoot .ing'the dead body, one wituois stating tint he mw tu» d«U body two days tftet -&e

11th, and the doctor deposing that he ex amined it op the 20th, when be judged it had been dead about twmity-ftmr hours. . Mr. Pring declined to address the jury, but rcBorradto him^lf the rigl^ of reply. His Honor said lliat after Mr. Pring had the previous day reserved the right of reply he (His Honor) had consulted the Act anil found tli.it it accorded not only the legal rights of tho Attorney-General, but all rights accruing to him by practieo and nfge, to tlie Acting Attorncy.Uencrat. Mr. Pring neel not therefore again re?crvr thu right, His Honor tbeu summed up, after which tho juiy retired to consider their verdict. At half.post fivo o'clock, or after an hour aud forty minutes, the jury returned with a verdict of 'Guilty of murder, but strougly recommending the prisoner to mercy.' Mr. Piing prayed for sentence of the Court to bo passod upon Billy Button, wlm was found guilty of murder. On prisauer being .iskoil iu the usual form whothor ho had anything to say why sentouo^ should not be passed 011 him, he replied 'Nothing.' His Honor in pissing sentence Raid : Hilly Button, yon have been f.mnd guilty by the jury of murder. The jury have strongly re commended you to mercy, but mercy ir not witfaiu my province. Their recommendation shall be forwarded to tlio proper quarter ; my only duty is to pass upon you the sentence of the law. His Honor tlien in ttic usui! form, passed sentence of death upon the prisoner. The prisonor, who appeared quits unmoved, win then taken back to gaol. noiinrnv with violknvk. Wall.'!- and Sa-im, two Polynesians ,wcrc charged with the nbovc offence on Ah Khcc. n Chinaman, on the ;trd November, 187S, aud severally pleaded ' Not guilty.' The Court adjourned till ten o'clock the next (this) morning.

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