CHAPTER XXVII. R E M A R K A B L E S U P R E M E C O U R T TRIALS.
SYNOPSIS.—Non-Abolition of Deathfor Forgery.—Alexr. Wilson, First Forger Tiansported for Life.—Thomas Leahy, the First White Murderer, Transported for Life.—D. C. Simson, Perjury, Acquitted.—D. C. Simson and Others, Fraud, Acquitted. —Sergeant O'Neill, First Breach of Promise, Damages £roo.—S. G. Bolden, Murder of a Native, Not Guilty.—Murder by Aboriginals, Sentenced to Death.—Bushrangers Captured by Gentlemen Volunteers.— Williams, a Bushranger Killed, Gourlay and Fowler Disabled, Prisoners Condemned to be Executed.—Postscript:—Death of Notable Colonists. — The Murder of Mr. Codd, Figara Alkepurata, alias " Roger," Sentenced to Death.—First Criminal Libel, Marshall v. Arden. —The First'Trialfor Rape, John Taylor Transported por Life.—Murder of Mr. Francis at the Pyrenees, John Connolly Transportedfor Life.—First Civil Libel, Leadbetter v. Cavenagh.—False Imprisonment, Kerr v. St. fohn.—Murder of an Aboriginal Woman, Discharge of Prisoners.—P'alse Imprisonment by a fudge, Ebden v. Willis.—Anthony H n v. Cavenagh for Libel—Conviction of a "Gentleman Rowdy," Mr. Henry Wheeler Imprisoned and Fined.—A Magisterial Horse-Whipping, M'Crae v. Foster.—" Jacky Jacky" Condemned j'or the Murder ot an Aboriginal Boy.—"Jack the Sawyer" Condemned for Attempted Murder of fohn Buchannan—Stephen v. McCombie, Libel.—Nigolobim Acquitted of Murder.—Patrick W //, alias " Patricius Paddy" Acquitted of Fraud— William V. M'Vitie, Indicted for and Acquitted of Embezzlement. FORGERY.—26TH APRIL, 1841.
WN consequence of the non-adoption of the Imperial Act, ist Vict, abolishing death as a punishment for forgery, this yvas thefirstcapital felony tried in Port Phillip. T h e prisoner, Alexander Wilson, ( was indicted before Judge Willis and a jury of twelve, for having, on the 20th February, forged and ^ 4 uttered a cheque on the Union Bank at Melbourne. T h e prisoner went with a Mr. Lake to the Bank, and the latterfilleda cheque, which the prisoner signed as a marksman for one Daniel Dudley, yvhom he personated. T h e cheque was paid, but it was afterwards ascertained to be a forgery. T h e prisoner was undefended, found "Guilty " of uttering, and sentence of death recorded, the Judge intimating that, in consequence of the state of the law, he should recommend a commutation of the sentence to transportation for life, and transported Wilson was eventually. THE FIRST WIFE MURDERER.—15TH MAY, 1841.
On the 16th November, 1840, Thomas Leahy killed his wife, Sarah, at Portland. They were lodgers at the house of A-horne, a Chinaman, and Leahy, returning h o m e drunk, quarrelled with his partner, and, snatching up a bayonet, stabbed her with it in the right breast. She died in a quarter of an hour, after being attended by Dr. Byers. T h e Judge assigned Mr- Brewster as Counsel for the defence. T h e most material evidence for the Crown yvas the Chinaman, and this was thefirsttime that a Celestial appeared in Court in the character of a yvitness. A difficulty arose as to h o w the oath yvas to be administered to A-horne, and after some confabulation on the subject, " John " solved the difficulty by declaring that the breaking of a saucer ordeal yvould be binding on his conscience, and " makee him speakee de tloot." T h e Judge ordered his tipstaff to hunt up one of the tea-drinking utensils, but the official, after m u c h delay, returned yvith a soup-plate as a substitute. This led to a legal hitch, as there were grave doubts whether soup yvould be as binding on "John's" conscience as tea or coffee; and after a serious consultation betyveen the Judge, the Crown Prosecutor, the prisoner's Counsel, and the Sheriff, " J o h n " cut the Gordian knot by asserting solemnly that he would " speakee de tloot " on the plate. Judge Willis looked at him sternly, and requested to be informed in what manner the Chinaman believed the ceremony he yvas about to go through would bind him ; and " John," without hesitation, let the Judge k n o w that if he (" John") told a lie the devil would break up his body and soul as he smashed the soup-plate. T h e Judge
