M'Arthur, a nephew of Addis, w h o deposed to having seen the prisoner attempt improper familiarities with the prosecutrix, which she repulsed, whereupon he struck her with a paling, causing her to cry out " murder!" Lieutenant Addis proved to hearing a disturbance at his place, and on going to ascertain the cause, saw the w o m a n with her dress torn, and bearing marks of a violent blow. T h e prisoner was found guilty, and sentenced to be imprisoned lor twelve months, one week in each of thefirstthree months in solitary confinement. A trial unparalleled in the criminal annals of the colony was investigated on the 8th August. James Davies and Abraham Brackbrook were arraigned for misdemeanour. T h e indictment contained two counts, viz.—(a), indecently burning the dead bodies of two aboriginal natives contrary to civilized usage; and (b), burning the same with intent to defeat the ends of justice by removing the traces of a supposed murder. T h e prisoners were the assigned convict servants of a Mr. Bowerman, a station-holder in the Western District. A m o b of blacks one day gathered near the homestead, when a conflict arose between them and some of Bowerman's bush hands. Shots were fired by the whites, as alleged in defence of their lives. T w o blackfellows were killed, whose bodies Bowerman caused to be removed and burned by the prisoners. T h e prosecution was promoted by Mr. Sievwright, one of the Assistant-Protectors, and he and a Mr. Allan (a free superintendent on the run) were the principal witnesses for the Crown. In defence, it was alleged that the shooting had been necessitated in self-defence; that the circumstance was forthwith reported to the Police Magistrate in Melbourne, and that after this had been done the cremation took place. T h e Chairman ruled that the mere act of burning the bodies was not a recognisable offence except done with a view to defeat the ends of justice. Unless the jury were satisfied of the existence of a criminal intent in the action of the prisoners they were entitled to an acquittal. T h e jury, under this direction, found a verdict of not guilty. T h e Port Phillip Gazette of the period declared that the Crown Advocate manifested m u c h ill-temper during the proceedings, and a desire to brow-beat and sneer d o w n the jurors after the verdict was returned. At the November sittings a fraudulent sale prosecution was heard. T h e defendants were John Mills, a brewer, and Edward Symonds, the master of a coasting craft k n o w n as the "Pickwick." T h e information alleged a fraud in disposing of, to John C u m m i n s , a rival beer-maker, as an imported article, a quantity of very inferior barley. Mills, it seems, had on hand some rubbish which he wished to get rid of to advantage, and so induced the skipper to palm it off on C u m m i n s as having been recently brought by him in his vessel from Launceston. T h e dodge succeeded, and C u m m i n s was victimised. T h e defendants were found guilty and fined—Mills £50, and Symonds £100. T h e principal butcher in Melbourne, John M'Nall, was indicted for a nuisance generated from the deposit of offal and other kinds of noxious debris about the premises. H e was fined ^ 2 0 , and the Chairman strongly censured the Government for neglecting to provide a system of town sewerage. T h e last trial of the year presented two very notable persons. In order to supply intellectual, as well as spiritual, recreation for his customers, Mr. J. P. Fawkner, thefirstinnkeeper, attached a small library to Fawkner's Hotel. There arrived in the district a Mynheer-Von-Bebra, who, though sporting Dutch and German prefixes to his name, vauntingly proclaimed himself an Italian Count of very distinguished pedigree. H e was a smart, accomplished, pushing sort of young fellow, with pockets almost as empty as his title, and he lost no time in looking out for something to do, for necessitas non habet legem, and even a Mynheer-VonCount, as he was bombastically designated, should procure bread and cheese in one way or other. "Johnny" Fawkner's bibliothical collection was not very extensive ; but the addition of a curator of his circulating library, possibly descended from one of " Old Etrurias' ancient kings," seemed such a trumpcard, that he clutched it and appointed the Mynheer-Von-Count his book-keeper in the most comprehensive sense of the term, for he was charged with not only the care of the library, but authorised to get in some little grog scores and other trifling assets outstanding. T h e " V o n " went to work with a will, and was more generous with Fawkner's cash than the latter liked. O n e day it transpired that portion of a disputed account had been paid to Bebra, which he denied, and when Pawkner began to bully, in that nettlesome style so peculiar to him, the Italian Count magnanimously cast all distinctions of rank and position to the wind, and treated Fawkner to such a hammering as to give him a pair of decorated eyes, and a nose so
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THE CHRONICLES OF EARLY MELBOURNE.
89
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