THE DOBSON MURDER CASE.

West Coast Times, Issue 377, 7 December 1866, Page 2

THE DOBSON MURDER CASE.

TRIAL OF WILSON ALIAS MURRAY.

(continued.)

On the prisoner Wilson, alias Murray, being placed in the dock, Mr Button applied that all witnesses might bo ordered out of Court. His Worship made the order. A few seconds elapsed, and Mr Button called the attention of the Court to the fact that the witness Sullivan still remained in Court, and was seated in the jury box, directly fronting the witness box.

His Worship — I do not know of any authority for ordering such M-itnesses out of Court as have given their testimony. Mr Button — But your Worship, the ordering of witnesses out of Court is not strictly a matter of right, but it is in the discretion of the Judge, and in the practice of the superior Courts — an application similar to the present is seldom or ever refused.

His Worship — Sullivan has given his evidence, and, therefore, I shall not order him out of Court.

Mr Buttoii — Although he has given his evidence before yoar Worship, the probability is that he will have to give it over again in the Supreme Court, and the same principle will apply, for under the most favorable circumstances, the evidence of an accomplice is received with grave suspicion, and most cer. tainly, in the case of Sullivan, the greatest caution should be preserved.

His Worship — Once again I tell you ; I will not order him out of Court.

Mr Button — Then I must request your Worship to make a note of my application, which I am sure must commend itself to the sense of justice of every person present, and I call upon your Worship, and all the Court, to bear witness to the fact of my objecting to Sullivan being allowed to remain in Court. Every argument that I can command shall be used to induce your Worship to exclude him. His Worship — You have no right to appeal to the persons in Court in this way, I consider such an appeal by counsel to be scandalous. I decline to make a note of your application.

Tho examination of George Windhover was then commenced, and being sworn, he deposed — 1 am a contractor. I was a sawyei* in the month of May last. 1 was going up the track. That month I saw a man ou the track about 12 o'clock. I spoke to him. I was on my way to the junction of the Arnpld. Just before I came to the store a man overlook me, and we kept company for a good piece up the track. This man had a small bundle under his arm ; something like a paper parcel. He left me, and then said that he must push on in order to get to No Town that night. He kept the main track, and went ahead of me. I went on. My mite was with me. His name is Thomas Mulligan. He is now at the Pakihi. When wo came as far as tho Alabaster store one Martin Mullea and his wife were there. We kept travelling on the track, and came to five men who were resting on a bridge. They looked like diggers. Ido not ltnow the exact lime of day, but it was after 1 o'clock. One of the five men had a gun. We walked on some distance whon we had occasion to stop, and the five men we saAV before passed us. Two other men with heavy swags came up. They also looked like diggers. They were going in the, direction the five men had taken. We went on and saw a tent stuck up by tho road. It was on tho right hand side, and towards the Arnold. There were two men at the tent when I passed, and I told them that there was a shanty on ahead, and it was foolish putting up a tent at that time of (he day. They said they wore in no hurry as it was beginning to rain, and they did not want to get wet. One of them spoke — a d:irk complexioned man. The other man was of a fair complexion. He was making towards tho ci'eek at the time we passed. I cannot describe his dress? Both men were of a small stature. The dai'k complexioned man appeared to me to be about five feet high. I did not notice in what manner he was dressed. The fair haired man was about the same height as the other man. I cannot swear positively as to whether he had a beard or not, but to the best of my belief ho had. I can't say what the distance is between the tent I have spoken of and tho bridge. After we passed the bridge we came to an old "miami," and I remarked to my mate I hat the men were fools to put up thcre'tcnt thci'c. Any person crossing the bridge must, from the position of the tent", have passed close to it.

Mr Button drew the attention of the Court to the fact that the witness Sullivan had been supplied with a pencil and paper, and was taking notes. His Worship — If you can show me any authority I will stop it, but at present I do not know of any.

Mr Button still pressed Ins objection, but his Worship refused to prevent Sullivan taking notes.

Cross-examination continued — The tent was facing the road and the river. The dark-com-pli xioned man was standing at the lont door, with his faco towards us. The dark-com-plexioned man and the fair-haired man wore not any of the five men or the two diggers with the swags that I had previously seen. The five men were all taller than these two at the tent, and the other two men with the swags were in our sight the whole way. My mates and I followed the five men into Shechan's store, and the other two men with the heavy swags went on. Between the Alabaster store and the bridge that I lyivc spoken of there was no other tent but tho one I have mentioned. Sheohan's store is abreast of the coal pita. I know tho Arnold track. Going on from the tent we met the young man (Dobson). Tlus would be about a quarter of a mile from the bridge- I should take Mm to be about twenty-two years of age. He had dark clothes on, and a cape over his arm. To the best of my recollection he had a little hat on. He had a strap across his shoulder with a littio leather pouch hanging to it. It was similar to the article now shown tome. It was hanging just over his liip. He had an albert gold guard and a watch. I •asked him what time it " was, and he pulled the watch out of his pocket, and told me. I did not take particular notice of the watch. I cannot swear that tho watch and guard are the same as worn by him, but they are very similar. He had on a pair of black glazedleggings. I do not know the time when 1 left Sheehan's store, but it was about, half-past 2 or 3 o'clock when I got there. I asked the youug man how far it was to Sheehan's store, and ho replied about a mile. I never saw the man named Sullivan before the other day. Mr South — Was lie one of the men whom you saw at the lent ?

Witness — Oh, no. Cross-examined by Mr Rees — I never saw Sullivan before Friday or Saturday last, when I was taken- to see him for the purpose of identifying him. \ was taken iulo the prisoner. Inspector Broham asked me if I had ever seen tho man Sullivan before that clay. Mr South — Your W/orsliip, 1 must hero interpose, for whatever course Inspector Broham may have considered expedient to set tho law in motion for tho ends of public justico, cannot bo given in evidence.— My ,Rec3 re* plied.

His Worship — I do not think that it would be fair to the prifoucr to exclude such evidence. It must bo admitted.

IVoss-oxanu'nat ion continued — I loft the cell almost immediately Sullivan asked me something about a man going up the track. Ho a«krd me if I saw a man going up the track with a bundle. £ Mr South — I still wish to urge my objection. I should like to road from " Taylor on Evidence." It will throw some light on the subject.

His Worship — I should be very happy to hear anything you may read, Mr South. [Mr South then read a portion from " Taylor on Evidence,'' and was frequently interrupted by Mr Roes.] Mr South — I have been practising some lliirty years, and I must say that I have never met with &uch unprofessional conduct. In fact, I have met some professional gentlemen in this Court who have given tho lie direct, and then addressed, a moment after, the very party they have insulted. Mr Rees read from "Roscoe's Digest of Evidence." He referred to the conduct of the police as most improper in the matter, and said that he deeply regretted that in a civilised community that there should be found some persons who were not desirous of having their "hole and corner" proceedings brought to light. (Applause.) His Worship — If there is anymore disturbance in the Court I will have it cleared.

Mr South— l have still to ask that Inspector Broham's name may be struck out from the deposition for -what he did as a public servant.

Mr Rees — Certainly. We do not impute anything to Inspector Broham. Mr Button — I have no objection to that name being expunged from the depositions. His Worship — I will allow the cross-ex-amination to go oiii Cross-examination continued — I did not reply to the question put by Sullivan to me ; I had no further conversation with him.

Mr Rees — Will you swear that he (Sullivan) did not say anything else to you ? Witness — I have already sworn that he did not. I repeat that I did not hear him say anything else. Cross-examination continued — I left Greymonth on the 28th May, at about 11 o'clock, to go to the Arnold track. I met a man on horseback, his name was Do Lacey ; ho was riding in and out of the river, and some cattle were nearly across tho river j I do not know whether he had the cattle in charge or not. This woidd be about twelve to half-past twelve o'clock a.m. There was a man crossing the cattle with a dog. I was on the Arnold track. Do Laccy was at the point A, as marked in the plan now shown to me. Two other men, Duncan and Dick, were on the upper end of the beach ; they were standing by some caltle. I was overtaken by a man carrying a parcel ; Ido not know who he was, wo kept company some distance and ho left me "to push on." I cannot say what part of the track he left me, but it was a long while before I got to the shanty. I did not take notice of any one from the time I left Greymouth until I met DeLaccy. My mate was with me, and some part of 'the time three of us were together. I passed the hotel which is situate a mile and a half from the bridge. I did.not have anything to drink ; I noticed some men who were inside drinking. From where I saw Duncan and Dick up to where the tent was, I walked slowly ; I could not walk fast as it was very muddy. I last saw the five men in Sheehan's store. They were not in sight all the time, as the road would not admit of it. When I passed the tent they were about four or five chains ahead of me. I last saw the two men with the heavy swags, jus b as 1 was going into Sheehan's store. The two men followed tho Arnold track. I shoidd think ifc about 2 o'clock when I saw the two men at the tent. To the best of my belief the tonfc was fixed when I passed.

By the Court — Do you know the spot where a body Avas buried ? Witness — Yes, it was pointed out to me by the surveyor. By the Court — What distance is the body from the tent ?

Witness — I should think about two chains. Tho Court was then adjourned for half an hour, and on its resuming William Beilby was called, and, being sworn, deposed — I am a miner. I recollect Monday, the 28th of May last. I left Greymouth on that day at about eleven o'clock, for Tea Tree Gully. Two of my mates accompanied me, and we travelled along the Arnold track up to the Twelve Mile township. I saw some parties on the road. I also observed two or three tents on the road. I crossed one bridge. About six miles from Greymouth I noticed a tent. It was near that bridge, and on the right-hand side going iip. I do not recollect whether it was on the Arnold or tho Greymouth side. It was a small tent, about six by eight. They were erecting the tent whon I passed. • I mean by they that there were two men. One of (hem had hold of one of the strings of the tent. He was a sh,ort, stout man, with fair hair. The other man was standing beside me, getting some water in a billy. The man with tho fair hair spoke to me. I did not sit down, but I stopped. My mates, Thomas Longmire and Robert Bai'ber, went on. The man with the fair hair asked me whether it was going to rain. I replied that I doubted it. I cannot describe tho fair man's face. I cannot say whether he had any hair about his face.

Examination continued — Mr South — Have you ever stated differently ?

Mr Button here objected to this question being put, as did also Mr Roes. nis Woi'ship — Perhaps the counsel for the accused will content themselves by addressing the Court one at a time.

Mr Button — I believe that is what we are doing. I have sit down.

His Worship — I hold that the question can be put.

Mr Rees — Bui perhaps your Worship will allow me to state my grounds before ruling ? His Worship- — Certainly. Mr Rees then stated his grounds, when Mr South replied, quoting " Taylor on Evidence," paragraph 1282, fourth edition.

His Worship said he saw no reason to alter bis former ruling, and the examination was proceeded with.

Witness — I don't remember having made a different statement to tho present. Ido not remember having told Inspector Broham that the fair-haired man had a beard. I told Mr Broham that I spoke to my mate about the fair-haired man, and that" I thought he had a beard.

Mr South — Had you an interview with Mr Broham on last Thursday or Friday ? Witness — I had. Mr South — About what time ? Witness — Six or seven in the evening. Mr South — Did you have a conversation with him relative to the description of certain men ? Witness — I had. Mr South— Did or did not Mr Broham take down in writing what you said to him? Witness — He did. Mr South— Do you still persist in saying that you did not recollect whether the fairhaired man had a beard or not ? Wituoss— l do. Mr South— Was your statomout read over to you ? . Witness— lt was ; and I only objected to the omission about the man having tho billy of water. Mr South — Did you state voluntarily to Mr Broham, or did ho dictate to you ? Witness — He did. I mean by that he asked me questions. Mr South — You were aubpeonaed, woro you not? Wituoss — I was. Mr South — Now, sir, on your oath, will you swear that yon, have- not beon spokon to by persons connected with the defence as. to the nature of the evidence you were to give "to- J day? Wituesß— l sweav that I hare not.

Mr South — Havo you not boon talking oatside this Court to persons about this case ? Witnoss — I have. Mr South — What were their names ?

Witness — Mr Brownley was one. Mr South — I would recommend you to be careful as to what you say. Was tho fairhairccl man like the prisoner at the bar? Witness — 1 can't say.

Mr South — Did you not say, when your statement was reduced to writing, that the prisoner at the bar was very like the fairhaired m«n, both in his height, his stoutness, and the color of his hair?

Witness— l did not— but still 1 think I did — I said the same then, and I say the same still.

Examination continued — The other dark man was taller than the light-haired man. There was a swag lying outside <he tent ; I did not take particular notice whether there was anything else • lyiug about ; I remarked that there were no tools lying about. There is an iron store below the tent ; I did not see any other tent from the iron store up to the bridge except the one I have mentioned. I have not been in the habit of travelling up that track. I should think that the tent was erected in a very unusual j>lace. I know the shanty near the coal pit ; I did not see any tent between the one at the bridgo and the coal pit. Some time after that I saw the tree where a body was found j that spot was distant from the tent near tho bridge, about thirty or forty yards. Tho fair haired man asked me if I was going to camp there, and I said, no, that it would be better to go on to the shanty. While I wa3 talking I was looking in his face. lam in tho habit of forgetting the faces of persons with whom I havo conversed some few months before. I wont on and met 'a young man, my mates were with me at this time ; I did not stop nor speak to this young man. I think he had a cap on ; he had a strap across his shoulder, he had a dark cloak over his arm ; it was similar to the cloak produced. He had either long boots or leggings on ; they were black. I did not notice any ornament on him, although I know he had a watch, as one of my mates asked him the time ; I think he said it waa half past two p.m. The door of tho tent was facing the track. I shoidd think that the dark haired man was about thirty years of age. I don't think Sullivan was one of them ; lam not at all positive, as I do not remember. I only recollect that the dark haired man was a little taller than the fair haired one.

Sullivan was then requested to stand up, which he did. Mr South— ls that the man ? Witness — I don't think he is cither of the men.

Cross-examined by Mr Button — Tho dark man had no coat on. I couldn't say what sort of a shirt he had. The other man had no coat or vest on. I think the dark man's shirt was a sort of grey. I never saw Sullivan before he was brought to tho Court. I know some of the witnesses by sight who havo been subpoenaed for the defence. Browuley is tho only one I know personally. I can't say whether Browuley is for the defence or the Crown. I havo had no conversation with the witnesses that I don't know personally, relative to the evidenco I was to give. After I left Greymouth I saw some cuttle on the beach. There were two men with them. I would not know either of them. I think the cattle wore going up the Grey, but I cannot be certain. I met a party of four or five men before I got to the tent. They were going to Grey-mouth. When I met them they were on the Grey side on the Arnold track, and about a mile from the tent. I met a man on horseback a little above the iron store. This was before I met the live men. I think It was between twelve and one o'clock — near upon one. I don't think I met anybody else but the parties I have mentioned before I got to the iron store.

Re-examined by Mr South — The man on horseback was William DeLaccy. I know him. I have seen him since I haye been subpoenaed. I have spoken to him. He asked me about.the prisoner. He asked mo if I had seen the prisoner up the track, and I said that I did not know whether it was Mm or not. DeLacey did not tell me that ifc woidd be better for me to say that I did not know whether the prisoner was one of the men I met on the track or not. I was sitting down in tho passago off the Court. He was sitting down there. I had seen him before in the Court, but had not spoken to him. ' Martin Mullen was called, and, boinj sworn, deposed — I am a packer. I remember leaving Greymouth in company with my wife on the 28th May. It was between 10 and half-past 10 a'elock a.m. At about 2 o'clock I arrived at theAlabasterstore, where I had some dinner, and left again about 3 o'clock. I met two men before I came to the store. It was near the lagoon, on the Arnold side. They were mustering cattle on a small flat. Their names were Duucan and Dick. After I left the store with my wife, I met a man about two miles and a-half from there. The witness Sullivau, whom I now see, was that man. I consider it was about a mile or a mile and a quarter from Sheehan's place. Sullivan met me on the track. I was going up and he was coming down. He said, " Good day, mate." I returned -the compliment. He also' said that I should have carried the mistress on my back. I said, " If he thought anything more about her than I did, he might carry her on his back."

Cross-examined by Mr Rees — I did not see a tent near to the spot where I met the man Sullivan. After meeting 1 me, Sullivan went down the track. I saw nothing in his hand, lie M r as not carrying a gun — at least, I did not sec one. When I saw Sullivan, I think it was as near 4 o'clock as I can swear to, or guess. I saw nobody else there. On that morning I did not meet any men walking into Greymouth. I passed the public house at the bridge. It is about a mile and a half from Groymouth. I did not sec any men there. Duncan and Dick were the only two men that I saw near the cattle. Sullivan had no coat on. I did not observe anything else. I did not notice what boots ho had on. My reason for fixing the time at 4 o'clock is because it was as near sundown as I can fix it. I did not see a fire burning down tho track. I saw nothing alongside the track like a- swag or blanket. I spoke to no porson betwoen the time I loft Alabaster's to the coal pits but Sullivan. No one called in at Alabaster's while I was there but a man named Windhover went past. I saw no one else go by. I think it was half an hour or better after Windhover passed that I started on my way ; thorc was a man with Windhover. Mr Rees — Had you cvor seen Sullivan before that time ?

Witness — No; and I hopo I nevor will again. Cross-examination continued — During tho last few days I have seen Sullivan in a room in the Court-house, and havo spokon to him. I was taken into the room to see Sullivan. I was asked if I had scon that man before, and I said yes. I was also asked where I had seen him, and I said that I had seen on tho track, between Alabaster's and the coal pits, that was all that occurrod.

Re-oxamined by Mr South — Tho track was very bad, and I had no time to look about. It might have wanted about; a quarter of an hour to dark whon I got to the coal pits. I should think that at that time it waa usually dark at five o'clock.

Tho Court was then adjourned till 10 a.m, to-morrow (this day.)

About six months ago, the Western Council of Ballarat agreed to complete the so-called Burke and Wills monument, by converting it into a fountain ; but, from that day to this, nothing has been done, and the huge mass of bluestone remains a perfect disgrace to the town, whereas the money in hand would easily enable it to be an ornament. Some persons probably imagine that a fountain is an ornament in winter, the season iv which this will probably be finished,-— "Age," Nov. 2^.