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X. — CRIMINAL RECORDS.
HORRIBLE MURDER OF A MOTHER AND TWO
CHILDREN BY THE ABORIGINES.
We regret to have to relate the details of a
most revolting crime committed by a party of
natives under circumstances of unusual horror.
The trial of the murderers, which has excited
the deepest interest throughout the province,
has just concluded, and we now append a report
of the proceedings:—
SUPREME COURT CRIMINAL SITTINGS.
FRIDAY, May 17.
[Before His Honor the Chief Justice.]
MURDER.
Warretya, alias Old Man Jack, Warretya, alias Kapunda
Robert, Monnaitya, alias Jacky Pike, Warretya, alias Goggle-
eyed Jemmy, Tankawortya, alias Jemmy Alick, and Pilta
Miltinda, alias Bobby, were indicted for feloniously, wilfully,
and of malice aforethought, killing and murdering Mary
Ann Rainbird, and her children, Emma and Robert Rain-
bird, at Hamilton, on the 11 March last.
Mr. Andrews defended the prisoners.
Mr. Moorhouse was sworn as Interpreter.
The Crown Solicitor had evidently taken great labour and
pains to get up this case, which was disclosed as the evidence of
the witnesses was placed before the Jury. He had also three
carefully executed plans prepared, showing the particular
localities of Mr. Rainbird's house, the precise spot where it
was apparent the horrid deed was done, the wombat hole in
which the bodies were found, and the places where the
prisoners were arrested, and the several distances between
all those places measured and marked on the plans.
Although the Court this morning was not so crowded as
it was when the prisoners were brought up on Wednesday
last, an hour or two afterwards the place became much more
densely crammed than it was on that occasion, and the
excitement of the people appeared to be intense. Four out
of the five prisoners did not appear to be much excited or
moved by the position in which they were placed, but Jemmy
Alick seemed thoroughly to understand the gravity of the
proceedings, and during the entire day exhibited the
greatest anxiety. He stood with the upper part of
his frame thrust forward over the dock, with his head
stretched forward to enable him to catch every word which
the witnesses said, and at times showed much excitement,
especially when the native, Jacky Pike, was giving his evi-
dence.
When Mr. Hinde proceeded to call the Jury, Mr. Andrews
challenged the first two, who it appeared live north of
Gawler. It appeared that Mr. Andrews intended to
challenge all the Jurors living in that direction, Mr Hinde
handed the learned gentleman the panel, when Mr. Andrews
intimated he wished to challenge all the Jurors residing at
Kapunda, and from thence down to Lyndoch Valley.
His Honor informed Mr. Andrews that the mode of
challenging was regulated by a colonial Act, which limited
him to six.
Mr. Andrews reperused the panel, and noted down the
Jurors objected to.
As soon as the Jury were sworn, one of them, who it
appeared resided at Kapundu, expressed a desire not to sit
upon the case, as he was well acquainted with the whole of
the prisoners.
His Honor told him if he had any conscientious scruples,
so that he would not be able to form an impartial and un-
biassed judgement upon the evidence, he could withdraw.
The Juror said he had no fear of not acting impartially,
but as he knew them so well, he would rather not sit.
The Crown Solicitor said that as the only thing which
would justify the Juror to withdraw, would be that his
judgment might be warped, and as he had confessed that he
was not likely to be so influenced, he should request him to
remain.
The Juror then resumed his seat.
The Crown Solicitor then addessed the Jury on the
charge against the prisoners. He explained that the five
prisoners were charged with the murder of Mrs. Rainbird
and her two children, and he need hardly tell them that it
was a case which required their most serious and deliberate
investigation, and which he had no doubt they would pro-
ceed with in an impartial manner. He did not wish them
to investigate the charge with any feeling of prejudice against
the prisoners, as was suggested by one of the Jury; but he
expected they would approach the enquiry with a due regard
to the interests of justice, and also with a due regard to the
interests of the prisoners at the bar. The learned Crown
Solicitor then proceeded to detail the facts of the case. The
unfortunate woman, Mrs. Rainbird, he said, was seen by
her husband at 7 o'clock on the morning of the day of the
murder, alive in her own house, and also again about 1 o'clock
on the same day, and on the return of her husband in the
evening, she was missed, and afterwards her body was found
in a wombat hole, with her head fractured, her dress torn
from her, and her whole body in such a state as left do doubt
that she had met her death by most violent means. The
fact of her being seen alive in the middle of the day led to an
investigation of the causes of her death ; and to shew that
the prisoners were the murderers, and to enable him to
shew them, they Jury, that they were the guilty parties, he
should be obliged to call before them a native named
Warretya, or (Jacky Pike), that was the English name of the
witness, and in pursuing the investigation, in alluding to
the prisoners at the bar, he should follow the names by which
they were known in English, as three of them had the same
native names. The learned gentleman then repeated the
names of the five prisoners, and continued that the evidence
of the native, Jacky Pike, was admissible without being
sworn, under a local Act. Pike would relate the facts. He
would tell them that he was present when the murder was
committed, and that the whole of the prisoners were there.
He would tell them, the Jury, that when they arrived
at Mrs. Rainbird's house, he asked Mrs. Rainbird
for some water, which she gave him, and after drinking
in turning round he saw Jemmy Alick kill Mrs. Rainbird.
That he saw Jemmy Alick strike her with a cutta, a native
weapon, and afterwards that he saw Goggle-eyed Jemmy
handling an iron bar. That circumstance he considered im-
portant, because it was afterwards found close to the spot
where the deed was perpetrated, and that when the first
blow was struck, Old Man Jack and Goggle-eyed Jemmy
were standing in the Government-road a short dis-
tance from the house, and the whole three near enough to be
considered actively engaged in the murder. In fact, that all
three were near enough to constitute them offenders in the
first degree. Pike would also tell them that after the woman
was murdered, he saw Old Man, Goggle-eyed Jemmy, and
Jemmy Alick, go and bury Mrs. Rainbird's body in the wom-
bat hole, and also, that previously to her actual death that
she was taken into the house by Jemmy Alick, her clothes
torn from her, and there ravished. That evidence would be
confirmed by other witnesses who found the body, and who
would state that when found her dress had been torn from
her. The learned gentleman continued that he was aware
that it would be dangerous to convict the prisoners upon
the evidence of one native only, who was not on his oath,
and who also stood in the position of an accomplice, and
whose evidence in consequence was tainted, because he was
present at the time, and, if not actively engaged, rendered
no assistance to the unfortunate woman. But he proposed
to strengthen the evidence of Pike by other evidence, which,
corresponding with his evidence, gave it a character which
could be relied on. Those witnesses were persons who were
living in the neighborhood, and would speak to having seen
the natives there; would speak to having seen Pike and
another witness ; would speak to having seen the blacks
when they first arrived on the Sunday before the murder
was committed. It seemed the natives came from Kapunda
on the Sunday, and camped about 3 o'clock, when
they were seen by a witness which he should produce.
There would also be the evidence of Mr. and Mrs. Hester,
Mr. Hester would say that he saw Goggle-eyed and Jemmy
Alick at the place as late as 1 o'clock in the afternoon. They
seemed to have left Mr. Hester's and approached the spot
where the tragedy was enacted on the eastern side, and
shifted their quarters on the Monday morning. Mrs.
Hester saw Goggle-eyed and Jacky Pike there at 11 o'clock
on Monday in company with some other blacks. Thomas
Hester only speaks of seeing two, but Mr. Strother would
speak to seeing the whole of them, and other witnesses
would shew that the prisoners and other blacks were in
the neighbourhood about 1 o'clock on Monday. Besides
that evidence there had been an investigat¡on of the foot
marks, and Sergeant Reid would say that he traced the foot
marks about 20 yards from the place where the
murder took place to the hole in which the body
was found, and comparing the foot marks and
the feet of Jemmy Alick they corresponded with
the conformation of his feet. The evidence of Mrs. Hester
and other witnesses would show that the whole of the
prisoners were in the immediate neighborhood about the
time ; and the evidence of Sergeant Reid, who identified the
footmarks, would shew that one of them was present. Five
of the prisoners were arrested at Macaw Creek, which was
about six miles from the scene of the murder; those were
Old Man, Kapunda Robert, Goggle-eyed Jemmy, and Jemmy
Alick. They were arrested on "the 11th, the Friday after the
murder, and the other, Bobby, was afterwards arrested by a
shepherd on Mr. Dutton's station, about nine miles from
Maryvale, where Mr. Hester resided. That he considered
important to shew the distance and account for the time.
Bobby seemed to have made considerable resistance before
he was captured, and that was quite consistent with his
guilt, taken in connection with the other evidence. In
addition to the other evidence, it would be shewn that when
the first four were taken, blood was found upon the clothes
of Goggle-eyed Jemmy, who, upon being questioned about it,
endeavored to explain it by saying that it was opossum
blood ; but for the ends of justice he, the Crown Solicitor, had
had that blood submitted to a skilful analytical investigation,
and he should be able to produce satisfactory evidence that
it was human blood which had been found upon the clothes.
That again would be an important fact for their considera-
tion, as it would show that it did not tally with that pri-
soner's statement. Besides the evidence of the principal
witness, upon whom he relied, and whose testimony was
fortified as it was by other witnesses, there was the evidence
of two native women and a boy available for him if he should
find it necessary to call them, and who were with the pri-
soners immediately before the murder took place. One of
them would say that she left all the prisoners at Mrs. Rain-
bird's on the Monday, and that then Mrs. Rainbird was
alive. The learned gentleman concluded by repeating that
the principal evidence was that of Jemmy Pike, who was
present, and who would speak with a degree of substan-
tiality, which he had no doubt would be taken as conclusive
evidence that the prisoners were guilty. It was he who saw
the woman killed, and afterwards her body buried ; and it
would not be necessary to remark upon his absence from
the immediate spot where the murder was committed,
because it might readily be imagined that he was stationed at a
distance as a sort of " look-out," while the others did the
deed, and to warn them from disturbance; but he did not
intend to rely upon that evidence alone, but would say that,
taking the confirmatory evidence into consideration, the
evidence of the tracks, the bloody shirt, and taking the
whole circumstances into consideration, it was sufficient to
entitle Jacky Pike's evidence to entire credibility on the
part of them (the Jury). The Crown Solicitor concluded that
as he should have an opportunity of addressing them again,
and as the evidence would be of great length, he would not
further take up the time of the Court, but would conclude by
invoking them (the Jury) to investigate the case with suitable
care and solemnity ; not with a view to sustain, or in deference
to any popular feeling ; and on the other hand, with a due
regard to the interests of the community, and also with a
due regard to the interests of the prisoners, who were
charged with such an enormous crime.
The Crown Solicitor then called the following evidence:
Robert Rainbird, who, on being sworn, deposed : -I am a
wheelwright, living at Finniss's Point, ten miles from
Kapunda in a north-westerly direction. My wife's name
was Mary Ann. I had two children. I saw my wife last
alive about 7 o'clock in the morning of Monday, March 11.
She came to the gate of my paddock and let me out. I re-
turned home from work about sundown the same evening.
I did not see my wife there in the house, nor the children.
On the evening of the next day, about sundown, I saw her
body in a wombat rat-hole, below the house. I was not pre-
sent when the body was first found. It was shown me by
August Stief and William Bradshaw. The rat-hole was in
my own paddock, about 100 yards north-west from the house.
My wife was dead. She had on a jacket and a skirt. She had
no dress on. Did not see any marks of violence on the body
then. Examined the body about 9 o'clock that evening, when
I saw the mark of a blow on the left temple. Missed from the
hut a thimble and some soda. The iron bar, produced, used
to stand at the western end of the hut, beside the water
tank. I missed this bar, and I saw it next in the hut on
Wednesday. It was rolled up in a piece of paper, not in the
charge of any one. The Government road leading from
Hamilton to Riverton is about 50 yards from my house.
There is nothing to obstruct the view of the road from my
house. The road passes south of the house.
Cross-examined by Mr. Andrews--I missed the washing
soda on Wednesday, at the same time that I saw the iron
bar. When I went away on Monday morning, the soda was
hanging up just inside the bedroom. I do not recollect
seeing the thimble when I left the house on Monday.
Michael Torpy sworn--I am a shepherd, living at the head
station of Mr. Taylor, which is about two miles from Rain-
bird's house. I knew Mrs. Rainbird. I saw her on Monday,
11th March, about 1 o'clock, at her own house. She had a
print dress on ; it may have been a skirt. She had her
two children with her. I never saw her alive afterwards. I
saw her dead body on the following Wednesday, lying in a
cart near her own house.
August Stief, sworn--I live four miles beyond Hamilton,
about six miles from Rainbird's. I am a farmer. I knew
Mary Ann Rainbird. On 12th March last I began to search
for her. I found her dead about half-past 6. about 150 yards
from Rainbird's house to the west. It was in an open piece
of ground, full of native rat-holes, It was nearly
dark, and in one of the holes I saw some human
bodies. They were partly covered with earth. Mrs.
Rainbird's leg was naked. I then went to the house
with Bradshaw to tell Mr. Rainbird, who with
some others came down to the body, and then they sent to
the Magistrate. After they saw the leg, they did not pro-
ceed with the search further at that time, but resumed it at
12 o'clock at night, in the presence of Mr. Ward, the Coroner.
when they opened up the place, and there found the bodies
of Mrs. Rainbird and her two children. Mrs. Rainbird only
had a skirt on. From what I saw, I believed her dress had
been taken off. The skirt was of calico. Mrs. Rainbird
looked as if she had had a blow on her head, and when the
Coroner examined her, he saw a wound on the left temple,
about an inch and a half wide. I was afterwards present
when Dr Blood saw the body; that was about 2 o'clock in
the following day, Wednesday the 13th. I saw tracks
near where the body was found. Coming from Mr.
Rainbird's house westward, and leading to a place
where there were two marks of blood about the size of a
plate, about 20 yards on the south side of the hole, and from
where the body had been dragged to the hole. I could
see where the body had been dragged along the ground.
There were also tracks of naked human feet from the
blood to the hole. I saw the footprints on the same
day. I noticed something peculiar in the footprints.
The big toe of the left foot appeared to be turned
in, and the little toe of a left foot was missing. I cannot
say whether it was the same left foot. It may have been
the mark of another left foot from which the little toe was
missing. We traced the footprints from within 30 yards of
Rainbird's house to the fence. The footprints went from
the house to the blood, and from the blood in the direction
of Rainbird's house. The land was not ploughed. I think
it was a loose soil. It was grassland. I showed the tracks
to Sergeant Reid. there was no comparison between any
feet and the footmarks made in my presence.
Cross examined--There are not very many blacks in the
neighborhood I saw the blood just before I saw the bodies
I did not go home that night, and next morning I discovered
the tracks. It was too dark to see them the night before. I
am sure it was a left foot from which the little toe was
missing. The Coroner came at 12 o'clock at night.
William Bradshaw sworn--I live three miles from Hamil-
ton about five miles from Rainbird's. I work with my
father on a farm. I went with Steif on 12th March to
search for Mrs. Rainbird. Had known her for eight years.
Found her body about half-past six the same evening, buried
in some holes 150 yards from the house. Saw some blood
before I found the body. A leg and an arm were striking
out from the earth. Saw the whole of the body when Dr.
Ward dug it out about 12 o'clock at night. Saw some blood
on the head; I think on the left side. The blood I saw be-
fore finding the body was about 25 yards from it. On the
loose earth that covered the body, I saw the same night the
marks of human feet. There may have been five or 6 foot-
marks.
Cross examined--Some person might have dragged the
body to where it was buried, but I should think it was
dragged by more than one.
Richard Stother sworn-- I am a farmer living on the
Gilbert near Finniss's Point, about half-a-mile from Rain-
bird's. I work on my father's farm. I found the iron bar
produced at 4 o'clock on Wednesday after the murder, about
6 or 7 yards from where the bodies were found. There was
blood on the knob end. It was dry and appeared to have
been there about a day. There was hair about six inches from
the other end of the bar. It was fair hair, and looked like
human hair. I took the bar to the Coroner, who told me to
give it in charge to some people in the house. Before I took
the bar to the Coroner I shewed it to Mr. Wilson and some
other jurors. I afterwards saw it in Sergeant Reid's posses-
sion at Kapunda. I gave the bar to Mary Work. The hair
on the bar was of the same colour as that produced.
Cross examined--Never saw the bar before.
Robert Reid, sergeant of police, sworn – I produce some
hair, which I took out from a rat-hole in which a little boy
was lying. I compared it with the hair on the iron bar found
near Rainbird's house. The hair was scarcely six inches from
where Mrs. Rainbird was buried. I removed the bodies from
the hole, and the hair fell from the boy. This was on Satur-
day, the 16th of March. The hair dropped off on the 13th
when the bodies were removed, and I went back on the 16th
to get it. On the same day I also found the iron bar pro-
duced at Rainbird's house. There was blood on the knob
end of the bar and two small pieces of light hair at the other
end. I lost the hair; the rain washed it off the bar as I was
going to Kapunda. I took the hair from the hole in case the
hair should be lost off the bar. On Wednesday, the 13th, I
saw some footprints. On Saturday, the 16th, when Jemmy
Alick was in custody, I found his left foot, which was short
of the little toe, to correspond with one of the footprints. The
footprints were near the blood where Mrs. Rainbird was sup-
posed to be murdered. From the nature of the soil, hard
ground from which the sand had blown away I could not
compare the footmarks at Finniss's Point, but having them
in my recollection, I made Jemmy Alick place his foot on the
ground at Kapunda. The footmarks corresponded. The little
toe of the left foot was wanting, and the big toe of the right
foot turned in a little.
Cross examined – There had been no wet weather between

the 11th and the 13th. The tracks on Wednesday appeared
to have been made a day and a half. Whether a track will re-
main in the sand for a day and a half, depends upon whether
the wind is blowing. I cannot say whether the wind blew
between the 11th and the 13th, as I was not in
that quarter. The track in which was the left
foot with the little toe wanting, was pointed out
to me by Stief. Had not noticed Alick's foot before.
Troopers Hagger and Ayliffe did not see the tracks near the
blood. There were about ten or a dozen persons present,
including Dr Wark, when I moved the bodies. I measured
the footmarks both near the blood and at Kapunda. They
corresponded, being about nine inches long.

Matthew Henry Smyth Blood sworn--I am a medical
practitioner, living at Kapunda. On the 13th March I saw
Mrs. Rainbird's body. She was lying with the dead bodies
of her two children in a cart. On Mrs. Rainbird's body
was a severe wound on the left side. The skull was frac-
tured. The left ankle was dislocated. The remains were so
decomposed, that I did not consider it desirable to make a mi-
nute post mortem examination, and the wound on the head was
quite sufficient to cause death. The wound might have
been inflicted by such a bar as that produced.

Cross-examined--I should think the blow was struck in
close quarters.

Jacky Pike, the approver, was then placed in the witness

box, and during his examination exhibited an unusual
knowledge of English, not requiring the aid of Mr Moor-
house except on one or two critical questions which arose
out of the examination. He said he knew the prisoners at
the bar and Mr. Rainbird's house, and also Mrs. Rainbird.
He remembered being with the prisoners at Mr. Rainbird's.
There were six of them there. (The witness here pointed
out the prisoners by their names.) That was about four
moons ago, about two o'clock in the day-time. When they
arrived at Mr. Rainbird's there were no white persons near
except Mrs. Rainbird and her children, who were then all
alive. Mrs. Rainbird was working outside where the garden
was. He asked Mrs Rainbird for a drink of water, which
she gave him. All the prisoners were then present. He said
he saw Jemmy Alick kill Mrs. Rainbird. He was drunk
and killed her with a stick. He struck her twice
on the back of the head, and killed her, and
then Goggle-eyed Jemmy beat and killed the little
girl, and Kapunda Robert killed the little boy. He
missed Bobby, who went behind him. Jemmy Alick was
about 200 feet from Bobby. There were a few sheaoak trees
between them inside the paddock. When Mrs. Rainbird was
struck, she made a noise just like "a fowl crowing." Old
Man Jack was on the Government-road ahead of him,
witness, a few feet from him and Bobby, about 100 feet.
He, witness, was nearly a quarter of a mile from Bobby on
the Government-road. Old Man Jack was near him in the
road. When Mrs Rainbird made the noise, he could hear
her very well. He look round and saw her struck, and then
heard her make the noise. Goggled-eyed Jemmy, Kapunda
Robert, and Jemmy Alick, were then together. Jemmy
Alick buried Mrs. Rainbird after she was killed.

The examination up to this point was conducted with
some difficulty, and the witness apparently was getting con-
fused; but as it was evident he had a clear knowledge of
English, he was requested to tell all he knew in his own

way.

Jacky at once understood what was asked, and began
again by saying-I was walking along the road, and I looked
round and saw Jemmy Alick kill the woman, and I saw
Goggle-eyed Jemmy kill the little girl, and then Kapunda
Robert kill the little boy. Bobby was lying down. I did not
see Bobby, and so I looked further up and saw him; went
to him and said to Bobby, "Get up and look at the black-
fellows." So Bobby came down after me, and I went down
and met Old Jack then, and two little boys, both Georgy's,
and then we walked along a little way from the road, and two
lubras went down to get some water. Ellen and Maria and
their lubras came back with water and stopped under the
sheaoak trees, and then we all stopped under the trees about
a quarter of an hour. All the five of them, lubras and boys,
under the trees in the road. Mrs. Rainbird was killed then.
I saw Kapunda Robert, Jemmy Alick, and Goggle-eyed
Jemmy bury Mrs. Rainbird. That was before they came to
me under the trees. Then we all stopped together and made

a little fire. That was after the whole of the bodies were

buried. Then the Old Man and the two boys went away
from the fire towards the Gilbert afterwards. That was after
Mrs. Rainbird was killed. When I saw Mrs. Rainbird first
I did not notice what dress she had on. When I went away
Kapunda Robert, Jemmy Alick, and two old women stopped
at the same place where the women brought the water to
under the trees. Bobby was also there. Old Man Jack went
towards Macaw Creek, and also Goggle-eyed Jemmy and the
two boys. Afterwards at Macaw Creek I saw Jemmy Alick
about the Tuesday morning ; and saw Kapunda Robert and
Goggle-eyed Jemmy at the same time, at Macaw Creek;
and also Old Man Jack. Bobby is my sister's son, Old Man
Jack my father's brother's son.

By Mr. Andrews--I have told the truth.

By His Honor--I saw Mrs. Rainbird killed, and when she
was down on the ground, I saw Jemmy Alick having her,
not Bobby. Jemmy Alick, Goggle-eyed Jemmy, and
Kapunda Robert were all drunk. They got the grog at Mr.
Supple's public-house. They stole it from the cellar.

By Mr. Andrews--He was a quarter of a mile away when
he saw Jemmy Alick strike the woman with the stick. He
slept that night at Macaw Creek where there was a large
wurlie. Old Jack's brother and another old man, and one
lubra were there. The other lot of the tribe were then at
Baker's Springs, about four miles distant. His brother was
at Baker's Springs. He, witness, went to Baker's Springs
on the Tuesday. Old Man Jemmy and Pike his uncle, were
then at Baker's Springs, which was a long way from Mrs.
Rainbird's. Constable Ayliffe caught him at that place
Baker's Springs were about 30 miles from Mrs. Rainbird's.

The reason he went away to Baker's Springs was to see Old
Man Jack, his uncle, and his brothers. He told Ayliffe that
Bobby killed Mrs. Rainbird. That was true that he said so,
but he was mistaken when he told Ayliffe that no one had
told him to say he was mistaken. No one told him what to
say before he came into Court. He was a hundred feet from
the corner post of the paddock, and about half a quarter of
a mile from where Mrs. Rainbird was killed, when he saw

her killed.

Mr. Andrews here pressed the witness to extract from him
the reason why he told Ayliffe that Bobby committed the
deed, and now said that Jemmy Alick was the murderer.

Mr. Moorhouse put the question to him in the native lan-
guage, and then informed the Court that the witness in
effect explained the discrepancy by saying, that he was in

such an agitation when he was taken in charge that he
hardly knew what he said. That was the reason of his first
saying that Bobby killed the woman.

Examination resumed--There were about 25 blacks in his
tribe. He was sure he made no mistake when he said that
Kapunda Robert killed the little boy, and that the other one
killed the little girl. When he was examined at Kapunda

he said Kapunda Robert killed the big child and the

other.

Mr. Andrews here produced the depositions taken before
the Magistrate at Kapunda, and which alleged that Jacky
Pike there stated that Kapunda Robert killed the big
child and the other one, and asked the witness why his
statement to-day differed from what he had said at
Kapunda, and if the depositions were not read to him in

Court.

The assistance of Mr. Moorhouse was here again called
into request, and who again examined the witness in the
native language. Mr. Moorhouse explained that the witness
still adhered to the statement that Kapunda Robert killed
one of the children, and Goggle-eyed Jemmy the other, but
he could not get him to answer whether the depositions were
read over to him at Kapunda; and he, Mr. Moorhouse, was
not acquainted with any term by which he could explain to
him the nature of the question, whether the depositions were

read over to him. There was one term in the native

language analagous to the word "repeating," but he could
not make him understand the question by the use of that
word. After some further difficulty however, the witness
replied that the depositions were read over to him.

The Crown Solicitor said that even if he had made such a
statement before the Magistrate he should not be bound by
it to-day, because he was there at Kapunda only in the cha-
racter of a witness, but now he was in the position of a

prisoner.

His Honor said as it was a voluntary statement it might
be used against him if he were on his trial, and he could not
see why it should not be used against him now. If he chose
to make a statement at Kapunda, he (His Honor) knew of
no reason why it should not be used against him now.

The depositions were here read. They were signed by the
Magistrate, and distinctly stated in Jacky's evidence that
Kapunda Robert "killed the biggest child and the other."

John Stother sworn--Lived with his father on the
Gilbert. His place is three miles north-east from Rainbird's.
Ten blacks were camped there at 3 o'clock on Sunday, 10th
March. There were six men, two boys, and two women.
Went twice to the camp. It was 100 yards from his father's
house. Saw their fire and went up to them and went again
at sundown. Saw the five prisoners and Jacky Pike. At
sundown they were all there, lying down, and the lubras
were cooking opossums. Jacky Pike came up to the house
for water, and stopped yarning for half-an-hour. Saw them
again when I went to my work the next morning. Could

not say they were all there.

By Mr. Andrews--Do not know how many there were in
the tribe. Only knew the six men, two women, and two
boys. I know one other blackfellow. Baker's Springs is
about six miles from Rainbird's. Don't know where the
Black Springs or Emu Springs are.

Thomas Hester--I live at Maryvale, about three miles east-
ward from Mr. Rainbird's. Saw the prisoners Jacky Pike and
Goggle-eyed Jemmy-about 3 o'clock on Sunday, March 10.

There were others there, but did not recognise who they
were. On Monday saw them again between 7 and 8
o'clock in the morning. Saw more, but could not swear
to any but those two. I know Amos Klavel.

By Mr. Andrews--John Strother lives with me and works
with me. I have lived there two years or more. John
Stother came to live with me about a week before the
murder was committed.

By His Honor--John Stothers and I work together for
Mr. John Taylor as splitters and fencers.

Margaret Hester-I am the wife of the last witness.
Thomas Hester was at home on Sunday, 10th of March. I
remember seeing some native men near our place on that
day. I can only swear to Jacky Pike and Old Man Jack. It
was not Sunday ; it was Monday. I went to the camp
between 8 and 9 o'clock. I saw them again between 11 and
12 o'clock. Saw Jacky Pike and Miss Ellen, and Old Man

Jack.

By His Honor--They came up to the house; saw no others

with them then.

By Mr. Andrews--It is not from the color of his hair that
I know Old Man Jack. I know him personally. He came

and asked me for some flour.

Amos Flavel, sworn--I am a sawyer. I live about a mile
west from were the murder was committed. I remember
seeing some natives about half-past 4 on Monday, the 11th of
March. Could not say how many. Did not recognise any
of them then, as I was at the plough. I saw some of them at
my well on Tuesday morning between 7 and 8 o'clock; they
came for water. I only recognised Kapunda Robert ; there
were more whom I did not know. I saw no more of them
till I saw them in Kapunda. I could not swear to Jacky
Pike. I was not close enough to them on Monday evening
to say whether they were drunk or sober.

By Mr. Andrews--I have lived about two years and
a half in the same place.

Charles Farrow sworn--I am a farmer. I live nearly one
mile north-west of Mr. Rainbird's place. I remember being
at home on Monday, March 11. I saw some aboriginal
natives on that day, from 4 to half-past 4 o'clock. They were
about a mile from my house. I was at Amos Flavel's well
drawing water, and two black women and two boys came to
me there. On my road home I met three men and the same
two boys who were at the well. I took no particular notice
of the first man. The second was Old Man Jack, now in the
dock, and the other Jacky Pike. After proceeding about 200
yards, I met 12 more natives. I could not recognise any of

them.

By His Honor--They were of both sexes.

By Mr. Andrews--They were sitting down at Flavel's
Well, about a mile from Rainbird's. I saw the three men
about half-past 4 in the afternoon, and the 12 about two

minutes after.

By the Crown Solicitor--They all appeared sober.

George Hamilton Ayliffe--I am a police-trooper, stationed
at Kapunda. I arrested four of the prisoners, all except
Bobby, on 13th March, at Macaw Creek, about five miles from
Rainbird's. I found a shirt on Goggle-eyed Jemmy. (Shirt
produced.) On examination, witness said- I cannot swear to
the shirt ; a piece has been cut out which was not so when
I took it from prisoner.

Mr. Andrews submitted that the shirt could not be received
as evidence if the witness could not swear to it.

By His Honor--I kept possession of the shirt till after
the men were committed. It has since been in the charge of
Sergeant-Major Hall.

The Crown Solicitor said that confession had been made
by the prisoners to Police-constable Ayliffe, but he was un-
willing to take advantage of those confessions. It was

difflcult to separate that from what the witness had to say.

His Honor ruled that the evidence might be adduced, but
it would be left to the Judge to decide how far it could
operate against the prisoners.

Examination resumed. By the Crown Solicitor--I cau-
tioned the prisoners ; none of them said anything at the
time, but two of them did afterwards. Neither of them said
anything affecting himself, but Bobby accused Jemmy Alick.
The evidence was held to be inadmissible. I asked Goggle-
eyed Jemmy how the blood came on the shirt ; he said it
was the blood of an opossum.

By Mr. Andrews--I apprehended Jacky Pike at Baker's
Springs. Witness here pointed out the spot on a map. I
was led to go there from information I received at Macaw
Creek to the effect that a native answering his description
had gone in that direction. There was a native woman there
with Jacky Pike. I found a thimble on Jacky, which Mr.
Rainbird identified ; I also found some soda, which Mr.
Rainbird could not identify. I was not in Court this morn-
ing during his examination. I showed it to him at the
Kapunda Local Court. I heard Mr. Rainbird say he had missed
soda. After apprehending Jacky Pike I returned to Macaw
Creek, because I had four prisoners there. At least I had not
arrested any. There were 16 blacks there. I had placed a
guard over them. I arrested the four because Jacky

Pike offered to point out those who killed Mrs. Rainbird. I
told him she had been killed and he said he thought he
knew where the blacks were who killed her. I took him to
the camp and asked him to point out those who com-
mitted the murder; he did not first offer to do so. The four
he pointed out were those in the dock, all but Bobby. He
told me that Bobby killed Mrs. Rainbird. Sergeant-Major
Hall received the shirt produced from Police-constable
Ayliffe, at Kapunda, after the case was closed against the
prisoners. It then had a patch of blood on the breast. I
gave it to Mr. Tallis, the House Surgeon of the Hospital.
The shirt was perfect then.

George Tallis sworn--I am Assistant Colonial Surgeon.
I received the shirt produced from last witness. There was

a stain of blood on the breast of the shirt. It was difficult

to say how long the stain might have been there. It had all
the characteristics of human blood. I can say positively it
was blood. I will not swear it was human blood. The
difference between human blood and that of other animals
consists in the size of the corpuscles. I never examined
the blood of an opossum, but the great difference exists
between the two classes of mammalia and ovipara.

By His Honor--I would not undertake to say whether it
was human blood or that of an opossum.

Samuel Jones sworn-- I am a shepherd in Mr. Dutton's
employed. I know the prisoner Bobby. I arrested him at
Anlaby, about 10 miles from Kapunda, on Wednesday.
He came back to Anlaby on that day after the murder. I
had no conversation with him then. I had afterwards in
the Court at Kapunda. He told me nothing except about
himself. He said he struck the woman first in the house,
and had connexion with her.

By His Honor--The conversation with the prisoner took
place at the Kapunda Court-House on the Saturday.

On His Honor proceeding to ask another question, it

appeared that the witness had misunderstood the meaning of the
word "arrest," for he had not arrested the prisoner. It

turned out another Jones had arrested him.

By His Honor-- I was sent for to Kapunda to interpret. I
was at the Court House when Bobby was called on for his
defence. He said nothing at the time, but afterwards he
confessed. It was before then he said he struck the woman
first in the house, and then had connexion with her. I was
the interpreter who conveyed that statement to the Magis-
trate. He made about the same statement after all the evi-

dence had been gone through. I have been acquainted with
the native language the last 20 years. He made the state-
ment to me in English. He did not need any interpreter.

By Mr. Andrews--Mr. Buchanan sent me to the Court to
interpret for the blacks. I did not interpret for Bobby; he
did not want any. Bobby was standing up in the court
when he made the statement. His evidence was being taken
by the Magistrate then. The natives were all handcuffed at
the top end. I was standing next to Old Man Jack. Police-
Constable Ayliffe had them in custody. Sergeant-Major Hall
was also there. Bobby touched me, and whispered his
statement, and I told the Magistrate, Mr. Brown. Mr.
Buchanan sent me down. He is not in the police force. He
sent me to act as interpreter for the blacks, if required.

By the Solicitor-General-- I knew Bobby as a friend. He
was often at Anlaby.

Henry James-- I am a splitter. I live at Julia Creek. I

arrested Bobby on 15th March at one of Mr. Dutton's sta-

tions, called Mahomet Creek Station. I think it is about 16

miles from Finniss Point. When I arrested him, I told him
what he was charged with. He then tried to escape. I
secured him, and took him to the hut. I told him he was the
first that struck Mrs. Rainbird. He denied it, and said he
was not near Mrs. Rainbird's at all.

Miss Allen, a native woman, was put in the box. She
appeared very timid. In answer to His Honor, she said her

name was Miss Allen.

Mr. Andrews suggested that she should be asked who her

lubra was.

Mr. Moorhouse asked her, and she replied that he was

away in the bush.

By direction of His Honor, Mr Moorhouse explained to

her what was required.

By the Crown Solicitor-- She knew Mr. Rainbird's place,
Maryvale. Remember that the murder there about one full
Moon ago. Black woman Maria was with her, and two boys
named Georgy. She saw Mrs. Rainbird alive. Old Man
Jack, and Goggle-eyed Jemmy, Kapunda Robert, and
Jemmy Alick, were with her. No other males were there.
That was a little after midday. The natives were about
drinking their tea. They all left Mrs. Rainbird's together,
and started for Macaw Creek, she, and the boys, and the
four men. She did not part company with them till they
arrived at Mr. Cole's, Macaw Creek.

Mr. Andrews drew His Honor's attention to the certifi-

cate by the committing Magistrates of the interpretation of

Samuel Jones.

The Crown Solicitor said that was the case for the Crown.
There were two other native witnesses, but he would not
call them, as he believed nothing material could be elicited

from them.

Mr. Andrews addressed the Jury for the defence. He said
his learned friend had put before them very clearly their
duty in the case, and he need not say anything further on
that point; but from the way in which he introduced his

case, he had expected that a stronger case would have been
made out. If they put aside the evidence of Samuel
Jones, the whole evidence they had before them
was circumstantial. Now circumstantial evidence was,
he knew, the very best. There was no doubt in the
present case that a murder had been committed; but
it is very seldom happened that there was any one by to see a
murder committed; and therefore circumstantial evidence
was dangerous to be relied on unless every link was com-
plete. It was not because they thought they had got felons
before them, nor because everything in the evidence went on
beautifully clear up to a certain point, that they were to
jump over that part where the link was wanting. They
would remember he troubled the unfortunate husband and
father as little as possible in cross-examination. That on
which he questioned he was with reference to the
thimble and the soda, and that he considered the most im-
portant point in the whole case. The remainder of the evi-

dence was only that of neighbors. Mrs. Rainbird's body was
found buried in a wombat hole; the body was removed by
Sergeant Reid from the earth; an iron bar was produced
and not improperly, as having been found near the spot, but
he would ask what had that to do with the case; he did not
see how it pressed on any of the blacks. It was no doubt
found on Mr. Rainbird's premises, but there were 12 persons

collected there; an attempt was made to shew that the hair
on the bar matched that of the woman's head; this was
found about 25 feet from the wombat hole where the body
was buried. How came it there? They must remember the
excitement that prevailed amongst the neighbours, and con-
sider whether it was not probable one of the neighbours had
seized it to dig out the body with, and that some hair
became accidentally attached to it. He would put it to them,
was it likely that a native would use such a bar
to strike a woman when he most likely had
his waddy in his hand? Would he go to a well at the West
of the house to fetch the bar when struggling with a woman
instead of using his own weapon? However he did not wish
to split straws. He only hoped they would give the blacks
the benefit of any doubt that might arise. The witness, John
Strother, said these men were at Maryvale on the Sunday, all

camped together; but when he (Mr. Andrews) asked him
about the identity, he could give no reason for knowing them
to be the same. They must remember that his opportunity

of knowing them was only one week's residence with Thomas
Hester. Now, Mr. Hester did not identify any of them but
Jacky Pike and Goggle-eyed Jemmy, although he had lived
in the same place for two and a-half years. He (Mr.

Andrews) was quite aware that there was one gentleman on
the Jury from Kapunda. He hoped that gentleman would
dismiss from his mind anything he had heard in that neigh-
borhood. His learned friend had also called Mrs. Hester as a
witness, but she could not identify them. They must
remember that this case had caused immense excitement, and
the crowded state of the court showed that the excitement
continued. The press also had added to the excitement,
whether properly or not he could not say, by speaking of the
Blacks as the murderers of Mrs. Rainbird. Now they were
not proved to be the murderers; they must therefore put
aside every feeling of the kind from their minds, and give
these blacks as fair a trial as if they were white men. If a
black had been murdered and a white man was arrested for
it, they would be as bound to believe that blacks as the

Whites. If it were shown that one black was four miles
distant in one direction and another 12 miles away in another
direction, they must give those blacks the benefit of such
evidence. The witness Flavel said he saw Kapunda Robert,
that there were more blacks there, but he could not swear to

them. Jacky Pike spoke English very well, and would
probably hold communication with the whites in the neigh-
bourhood, but he thought the only fact proved by his
evidence was that he was there himself. Mr Flavel's

evidence upset that of Jacky Pike against Kapunda
Robert. The witness Charles Farrow said he met

three natives, and afterwards twelve more. What
authority, then, had he, except the evidence of Jacky
Pike, to say that these four were mixed up with the twelve
on a certain day. So far as that evidence went, they should
have had the whole twelve before them. Most probably it
never would be known who committed the murder. Jacky
Pike escaped with his life for telling what he knew of the
matter; but whether they were hung or not, the twelve who
were away might be guilty, and those in the dock innocent.

He said he was not at Rainbird's, but about a quarter of a
mile off-- 200 feet (a favourite measurement of his) from the
corner-post. Now that differed from his evidence at

Kapunda. He said he "was mistaken"-- a remarkable ex-
pression for a native to make use of it; but there was a clever
interpreter in the neighbourhood - Samuel Jones - who had
probably instructed him in the language. Then he excuses
his mistake by saying he was "flurried;" but why
was he flurried? If innocent he need not be, but
was it not an evidence of his guilt? If he stood
a quarter of a mile off from the murder he could not be held
guilty, but if he were trying to save himself by stretching
the evidence against the others, they should not place much
reliance on that evidence. If the articles from Mr. Rain-
bird's were found on Jacky Pike, and Bobby had run away;
when Police trooper Ayliffe takes him to the camp of 16,
over him he had placed a guard to make the coast clear
for his cousin, Jacky points out the murderers; and after
Bobby is away he says it was he. The witness Samuel Jones
said that Bobby stated that he struck the blow in the bed-
room. Then, with the fact before them, that the articles

were found in Jacky Pike's possession, he would ask why
were the other four pitched upon? They were told that there
were 16 blacks in one place, and 12 in another; and Jacky
told them there were only 25 in his tribe. Then some other
tribes must have been in the neighbourhood. He would

again put it to them, if such a case were to occur
when a white man was the aggressor, should they
believe the evidence of the blacks? Another point
to notice was that as they had been told Mrs.
Rainbird was a moderate-sized woman. Now, her body was
dragged through the grass for 25 yards, making a track in
the grass. If there were, as Jacky would have them believe,
five such men as those before them engaged in the murder,
and men who well knew the importance of living no tracks,
would they not have carried the body instead of dragging it
along the ground; but if there were only two one might be
watching and the other dragging the body, and Jacky
might have been nearer than he said, or one alone might
have dragged the body. Then they had had a shirt pro-
duced, and the surgeon had said that the particles of blood
were like human blood; but he also said that the blood of
all the mammalia was the same in appearance, and he would
not swear that the blood on the shirt was not that of an
opossum. Probably then the statement of Kapunda
Robert was correct that it was opossum's blood; he
thought they must dismiss the shirt altogether as evidence
and he did not think his learned friend would again
bring it before them. They should give Bobby the benefit of
such doubts as they had of his guilt, but he considered there
was no case at all against the other four prisoners. They

should remember that no verdict they might give could
restore peace of mind to the unhappy husband and father,
but a hasty verdict might bring our laws into contempt even
among the blacks. They had come into the country of those
Blacks, and taken possession of it, and they had the same
rights as the English. With regard to the testimony of the
Blacks, it was not sworn testimony, they had no security
that their evidence was correct; it was allowed by law to be

brought before them, but they must weigh it carefully. They
have a black giving evidence, who had no fear of punishment for
telling lies, and a black, who was, by his own statement, a
murderer. It was important that no number of blacks who
might come into the Gaol should necessarily be hung. He
would now leave the case in the hands of the Jury, confident
that they would give it their careful consideration.

The Crown Solicitor replied to the arguments urged by
Mr. Andrews, and put it to the Jury that the whole evidence
was a question of facts, and that they were to judge of it
exactly in the same way as they would of a matter of fact
connected with their own business. He referred to the
evidence, and argued that, while he admitted that Jemmy
Pike's evidence was open to suspicion, as he stood in the
character of an accomplice, yet he argued his testimony had

not at all been shaken, but confirmed by the witnesses

examined.

His Honor then summed up and explained that the pri-

soners (naming them all in rotation) stood charged with the
murder of Mrs. Rainbird. He told the Jury they heard from
the learned counsel on both sides the nature of the case, and
he need hardly say that they had a most important duty to
perform, in deciding upon their verdict. He could not, in
all his experience, remember when a jury had had a more
responsible duty to perform than that they had to discharge
that day, for they were called upon to pronounce a verdict of
guilty or not guilty upon those five men, and they were asked
to consider whether the evidence was such as would warrant
then in discharging their duty conscientiously, to say that they
were guilty. He would say that they were placed not only
in a most responsible, but also in a very painful situation. It
had been said, and very truly so, that there should be no
distinction between the white man and the black man as to
the degree of Justice to which both were entitled. He
would not occupy their time at that late hour with any
further remarks, but would at once go through the evidence,
and if he should make any omissions or commit any mistake
he hoped the learned gentleman on both sides would cor-
rect him. In the case before them, continued His Honor,
it appeared that Mr. Rainbird, having a wife and
two children, left his home at 7 o'clock on the 10th
of March, when they were alive and well, and returned at

sundown, when he found the missing from the house, and
search was made that night, and the next day their dead
bodies were found in a hole. Besides the evidence of Mr.
Rainbird, there was the evidence of the witness Trebble, who
saw Mrs. Rainbird alive on the Monday, and that was the
last time she was seen alive. It appeared by the evidence of
Walters, who was with another witness, Bradshaw,
that when they went in search they found Mrs.
Rainbird's leg sticking out of the hole, about 150 yards from
Mr Rainbird s house. [His Honor here remarked that
although the evidence referred to the children, that the Jury
were to contine their attention to the case as respected Mrs.
Rainbird alone, although he admitted it was difficult
to keep them distinct.] Then there was the evidence of
Dr Blood, and in connection with that evidence, there was
the important fact of tracks of blood found, marking out
where the body had been dragged along the ground to where
it was buried and that they were tracks of native human
feet, having the toe of the left foot turned in. (His Honor
here read over the evidence as to the identity of the toe of
the prisoner Alick.) Then came the evidence of Mr. Strother,
who found the iron bar a short distance from the wombat
hole. It did not appear that Mrs Rainbird had been struck
with it, and therefore, the only object of introducing it into
the evidence was to show that it had been used in the neigh-
bourhood. His Honor then went over the evidence of the
witnesses. And with regard to the evidence ot Jemmy Pike,
which was the most important of all. His Honor reminded the
Jury that Jemmy Pike had stated that the murder
took place, about four months ago. That about 6
o'clock he was with Old Man Jack and the other prisoners.
With regard to time His Honor said the natives rarely were
able to calculate time, and therefore it was not surprising if
Jemmy Pike made a mistake as to time although he spoke
English remarkably well. Jemmy Pike said that he saw
Jemmy Alick strike Mrs. Rainbird with two sticks, which
meant, it seems, that he struck her twice. That witness also
said that Kapunda Robert killed the boy, and Goggle-eyed
Jemmy they girl. His Honor said there was a considerable
difference in the evidence of Pike upon this point, and they
should well consider it, especially as that fact depended upon
the statement of one person whose evidence came
before them with suspicion , but although the
evidence of Pike should be taken with some caution,
he, however, hardly stood in the character of an accomplice,
because he did not say he had any participation whatever in
the act, and all that he said was, that he was there and saw
it. His Honor then reviewed the evidence with regard to
the soda and thimble found in one of the native bags. His
Honor concluded by saying that with regard to old Man
Jack, he appeared to have been seen with the other prisoners,
but he did not see that there was anything in the evidence
upon which he could be convicted, and with regard to the
credibility to be attached to Pike and the alleged statement
made by Bobby, it was for them, the Jury, to consider and
to give it such weight as they should think it entitled to

but he would tell them again they must consider the case
just as they would if the prisoners at the bar were men of
then own color, and if they thought they could not believe
Pike, that their duty would be to acquit the prisoners. His
Honor concluded by hoping the Jury would discharge their
duty conscientiously and fearlessly.

The Jury retired for upwards of an hour.

On their return, and being asked the usual question if

they were agreed.

The foreman said they found Old Man Jack an accessory,

and also Kapunda Robert.

His Honor told the Jury the question was did they find
them guilty or not guilty of the murder? If they meant by
"accessory" that he was present aiding and abetting, they
would find him guilty, but if they found that he was not
present aiding and abetting then they would acquit him.

The Foreman--Then, your Honor, we find Old Man Jack

not guilty.

Mr Hinde then put the names of the other prisoners--
Kapunda Robert, Goggle-eyed Jemmy, Jemmy Alick, and
Bobby, all of whom the Jury found guilty.

His Honor asked the Jury if he understood them to say
that Old Man Jack was not guilty, and that the others were
guilty.

The Foreman--that is our verdict, your Honor, and upon
which we all agree.

Mr. Hinde then proceeded severally to ask the prisoners,
through Mr. Moorhouse, why sentence of death should not

be passed upon them.

Kapunda Robert answered that he was not present, that
he was ahead of the party when the murder was committed.

Goggle-eyed Jemmy also said he was ahead of the others

when the murder was committed.

Jemmy Alick said he was not the murderer, and that
the man who gave evidence against him told a parcel of lies.

Bobby said he spoke the truth, and that the parties stand-
ing at his right hand were the murderers (Bobby was placed
near the door of the dock, and therefore all the others were
standing on his right).

His Honor then proceeded to pass sentence. He addressed
them separately by their native and English names; and
reminded them that they had been found guilty of the
wilful murder of Mrs. Rainbird, and told them it was
his duty to pronounce the last sentence of the
law, which decreed them to death. His Honor told them
that the Jury had had before them all the evidence, and had

given the case patient consideration, and it was only his
duty to pass upon them the sentence of the law, but in
doing so he could not but remark that although he had
tried many cases of enormity, yet he never had to try one of
such enormity as that was, because the deed was done
without any provocation, and without any temptation, and
by committing that murder they had deprived a worthy man
of a wife with whom he had been living happily for many
years. If he were to try to suggest a motive, it would
be perhaps that lust had been the cause, but such a motive
neither he, nor he believed anyone in that Court, would
believe, could tempt to the perpetration of such a horrible

murder. It had been said that some of them were intoxi-

cated; but if so, that would be no excuse in the eye of the
law, and he could not imagine how such a deed could be
done even with that excuse. But there was one thing which
gave him great satisfaction, to find that the drink
was not supplied by any one of his (His Honor's)
color, and if it had been so, he should have felt it his duty
to communicate with the authorities, and get the person de-
prived of his licence, because he would say that he knew of
no offence, short of felony, which was greater than supplying
those unfortunate people, the natives, with drink; and the
man who did so deserved the highest punishment; but he
was glad that, on that occasion, the liquor was not supplied,
but stolen. And he hoped that all who heard him when
he pronounced the last sentence of the law, that they
also would understand that they had a duty to perform in
withholding drink from the natives, and also that the natives
throughout the colony should be made to understand that
when any of them committed such a crime as the prisoners
had been found guilty of that they vvould meet with the
same punishment. His Honor concluded by pronouncing
sentence, which was that the prisoners be taken from the
place where they stood to the place from whence they came,
and from thence to the place of execution, and there be hung
by the neck till they be dead, and that their bodies should be
buried within the precincts of the Gaol or such other place
as the Executive should appoint.

His Honor named no day for the execution, and said it
was not necessary for him to do so.

The Jury gave their verdict about half-past 7 o'clock.

$