THE BUSHRANGER DUNN.

Otago Witness, Issue 747, 24 March 1866, Page 15

THE BUSHRANGER DUNN.

SENTENCE OF DEATH.

John Dunn was indicted on 19th February, for having, on the 26th January, 1865, at Collector, in this colony, murdered Samuel Nelson. Mr Paterson and Mr M'Davitfc were counsel for the prisoner ; the SolicitorGeneral prosecuted for the Crown. Mr Paterson said he had been in communication with prisoner's attorney, and had undertaken to watch the case. He had tried to get the assistance of senior counsel, but found all engaged. His Honor acknowledged his indebtedness to both gentlemen, and expressed his conviction that the defence would be conducted as ably as the circumstances would admit. Prisoner had pleaded " Not guilty." The counsel for the Crown having stated the case, proceeded to call witnesses. The undermentioned witnesses were examined: — Thomas Kimberley (publican and storekeeper), Frederick and Henry Nelson (son 3of deceased), James Bull, William Daveron, Ja-nes M'K^y (farmers), M'Hale (who apprehended prisoner), and Dr Handford (who made a post-mortem examination on the body). In their evidence, the following facts I were elicited : — On the day in question, the boy, Henry Nelson, was on his way from Taradale to Collector, when he was met by Dunn, who called upon him to stand, searched him, and then took him about 200 yards, where j some drays had been stuck-up. Here he joined Ben Hall and Gilbert, all three i being upon horseback, each having a revolver and a double-barrelled gun. They broke open some cases, helped themselves to drink, and gave some to other persons who were there. Here they were informed by a woman, that the boy was the son of Constable Nelson. Taking the boy with them, they proceeded towards Collector, and on the way came upon James Bull, a farmer, who, with Michael Daveron and James M'Kay, his companions, were coming from Milbank. These were ordered to stand, and having been detained for some time and searched, were taken to the nearest public house — Kimberley 's Commercial Hotel, at Collector. Before getting to the house, one of them said, " Ben, you had better go on." The three dismounted opposite the inn, and ordered the boy to hold their horses, telling him that if he let one of them go they would blow his brains out. Thomas Kimberley, the landlord, who was at this time>itting in a room a little off the bar, hearing a disturbance outside, rose and proceeded towards the door, when he was met by one of the armed men, who presented a "pepper-box" revolver at his breast. At this man's order, Kimberley was directed to come outside; he obeyed, was searched, and, with, the other persons, was commanded to range up by the wall at the front of the house. Ben Hall and Gilbert entered the house— one going up stairs, the other into the store ; Dunn being left outside. Mr Edwards, the clerk of the petty sessions, was coming up on horseback, when Dunn, perceiving him, mounted his horse and pursued him, and fired upon him. When Dunn returned, he said there were constables coming, and exclaimed, "Call Ben Hall down stairs. Hall came down with two guns in his hand, oae of which he gave to Dunn, saying,

" You go outside ; you can manage them, Jack." Dunn went away a second time on horseback, but returned, and warned , the boy not to let the horses go. He went down to the corner of the fence, which was about twenty-five feet from the side of the house, and bent down, his hand, holding the gun, being on the ground. He had not bec-n in this position long before Constable Nelson (the only constable in the town — approached by the road from the township along the fence, armed with a carbine and fixed bayonet. When within about ten or twelve yards of the corner where Dunn had placed himself, Dunn jumped up, exclaiming, "Stand! go back;" almost immediately firing a shot from the revolver. Nelson staggered a few paces towards prisoner, who then fired from the gun, and Nelson tell. Frederick Nelson, his son, who had followed his father, was close to the spot just before this happened, and was pursued bj Dunn, but managed to escape from him. This occurred about dusk. Dunn then returned to the front of the house, Eaying, "I've shot one of the b traps, the other has bolted." Hall, who, with Gilbert, had come out of the house, said they had better go and see who it was. Gilbert took Nelson's belt, saying, "It's just what I wanted, I've burst mine ; " and Dunn took his carbine. They then fetched a lot of things out of the house — boots, clothing, &c. — packed them upon the horses and made off. Nelson's body was brought to the inn, life being extinct. On the the 27th, an inquest was held on the body. Dr Handford of Goulburn, on examination, found a wound on the left side of the face, a ball haying entered there and penetrated to the thick muscles of the back of the neck ; and another wound, which entered the left side of the chest, broke several ribs, lacerated the heart, the wire cartridge turned from its course, eventually embedding itself in the liver. The immediate cause of death was laceration of the heart. Prisonerwas identified by all the witnesses who were present at the shooting, whilst to Constable M'Hale, by whom he was arrested, prisoner said, "I admit I am John Dunn, the bushranger ; but I'm not guilty of the death of Nelson, as I was then a hundred miles from Collector," although the constable had previously made no reference to the death of Nelson. Mr Paterson addressed the jury for the defence, mainly addressing himself to the doubts as to the identity of the prisoner. The Solicitor-General waived his right of reply. His Honor summed up ; and the jury, after a deliberation of ten minutes, returned a verdict of '• Guilty." In pronouncing sentence of death, his Honor commented earnestly and eloquently upon the gravity of the crime committed, reverted to others which had led to the prisoner's outlawry, and concluded with an exhortation to prisoner as to the way in which he should spend the few remaining hours that remained to him on earth. Prisoner was removed from the dock without displaying any noticeable emotion. — Sydney Moi'iiing Herald.