the Plenty, was promptly attended by Dr. Sanford, a Melbourne surgeon, and, thanks to a good constitution and skilful treatment, was soon able to be about. T h e body of Williams, the dead bushranger, was conveyed to Melbourne, and a coroner's inquisition found a verdict of justifiable homicide. A day or two after the arrest, Fogarty, the youngest of the gang, showed m u c h uneasiness at the position in which he was placed. H e m a d e certain overtures to the authorities, which left little doubt of his willingness to turn "approver" against his companions in wickedness, and the Crown had some notion of accepting him as Queen's evidence ; but it yvas found that the direct testimony in sustainment of a capital charge against the whole party was so conclusive, that it was resolved to bring the three to trial. Fogarty, however, m a d e some revelations of such a character as induced the police to pay a visit to the residence of the m a n C a m (before mentioned), the result of yvhich was the "springing of a plant" of watches, jewellery, pistols, and other property, subsequently identified as part of the plunder taken by the bushrangers from some of the persons robbed near Dandenong. C a m was apprehended, convicted as a receiver of stolen property, and transported for fourteen years. T h e bushrangers were brought before the Melbourne Police Court on the 4th of May, and fully committed. Their trial followed before Mr. Justice Willis on the n t h May. M r . Croke (the Crown Prosecutor) conducted the prosecution, and the Honorable M r . Murray appeared for the defence. T h e Judge delivered an address at once abstruse, learned and discursive. T h e exordium, however, bore a special reference to the issue exclusively before him, and is worth quoting:—"Gentlemen,— Y o u are especially convened this day for the trial of certain prisoners, w h o are supposed to have been some of those w h o recently united in the commission of m a n y daring robberies, and became alike the terror and disgrace of this happy land. For the speedy check to the layvless career of these wicked m e n w e are indebted, not to the ordinary police (though the activity and zeal of the Crown Commissioner merits entire approbation), but to the spirited conduct and undaunted courage of the colonists themselves. T h e names of the captors, gentlemen, and the details of their achievements, are already familiar to you ; they will live in the grateful m e m o r y of their contemporaries; and the future annals of this Province will 'Record their dreadful daring with applause.'"
The prisoners yvere indicted for shooting at and wounding Henry Fowler, with the intent to murder him, at West Loyvlands, in the District of Port Phillip, and colony of Neyv South Wales, on the 29th April. T h e information contained twenty-four counts, the first twelve varying the offence, charging Ellis with the shooting, and the others as aiders and abettors; the sixth count charged Jepps as principal, and the others yvith aiding and abetting; the seventh count charged Fogarty as the principal, and the others as aiders and abettors, etc. ; whilst the last twelve counts charged the prisoners yvith shooting at Fowler with intent to maim, disfigure, and disable; varying the offence between the prisoners as in thefirsttwelve. Mr. Fowler's appearance in Court, a wounded invalid, created a sensation, and he was most courteously and considerately treated by the Judge, w h o permitted him to give his evidence seated. H e , Snodgrass, Gourlay, Chamberlain, Thompson, Ewart, Rider, and others were produced, and their evidence could not be shaken by cross-examination. A s to defence, there yvas in fact none, though Counsel delivered a lengthy and eloquent address to the jury ; but it was simply a vox et preterea nihil. T h e jury retired for about an hour, and returned to Court with a verdict of "Guilty." His Honor directed the prisoners to be remanded to the 13th, as he yvished some time for consideration, and was desirous of affording M r . Murray an opportunity of moving an arrest of judgment, if he believed he had any grounds for doing so. H e informed the prisoners, though, that they yvould end their existence shortly after the passing of the sentence. O n the day indicated the Judge took his seat at 12 o'clock, and the prisoners were before him ayvaiting their doom. T h e n the Crown Prosecutor rose and prayed the judgment of the Court. In reply to a question from the Bench, the prisoners' Counsel expressed his regret that he had nothing to urge against it. His Honor then put on the black cap, and in brief and impressive language passed sentence of death upon the prisoners, earnestly imploring them " to make use of the short time that n o w remained for their existence in this world in seeking to m a k e their peace with the Deity they had offended." Jepps and Fogarty heard their fate with firmness, but Ellis pressed his forehead with his hand, and, "yvith compressed
