yvent in search, and in a flat not far from his house, recovered the horse yvith yvhat he believed to be the mails intact (one large and tyvo small leather bags) fastened on the saddle, and, leading the animal back to his place, yvas preparing to start for Belfast yvhen the postman m a d e his appearance, and he handed over the animal and its belongings to him. T h e prisoners, T h o m a s Daley and Byng, yvere staying at the public-house, and yvere about there at the time ; but it yvas noticed that they yvere up and ayvay at a very early hour the next morning. This and other information subsequently procured led to the arrest of the three prisoners. In addition to the foregoing facts, it yvas proved that the day after the robbery Byng and Felix Daley m a d e some purchases in Belfast at Hovenden's store, for yvhich Daley paid by a £ 1 0 cheque, receiving as the difference betyveen the purchase-money six £ i notes and some silver. Later on the same day the other Daley, and a person not knoyvn, called at Rutledge's store and bought largely, paying yvith a £ 3 0 cheque, and receiving some balance. F. Daley and Byng also put up at the Merri Jig Hotel, where they m a d e merry on a cheque for £ 2 19s. n d . Evidence yvas also given of the identity ofthe several cheques, and their posting at Warrnambool in letters addressed to Belfast. T h e defence yvas that the whole affair yvas only a matter of suspicion. T h e prisoners were not charged yvith robbing the mail, but with simple larceny, and the jury returned a rather inconsistent verdict; for whilst convicting Felix Daley, they acquitted the tyvo others. T h e prisoner (yvho arrived free in the colony) yvas sentenced to tyvelve months' imprisonment. ASSAULT AT THE RACECOURSE.—19TH APRIL, 1849.
Oliver Johnstone "was placed in the dock upon an indictment, charging a felonious assault upon Mr. (aftenvards Sir) John O'Shanassy by stabbing, cutting, and wounding him on the head, with intent to m a i m ; a second count varied the offence as yvith intent to disfigure; a third to disable; and a fourth to do grievous bodily harm, at the Racecourse, near Melbourne, on the 28th March. Mr. Stawell appeared for the defence. O n being asked to plead to the information, the prisoner declared that it had all happened through intoxication ; and he yvas guilty. T h e prisoner's Counsel, interposing, offered, on his behalf, to plead " Guilty " to a c o m m o n assault, but the Croyvn Prosecutor declined to accept it. After a brief consultation between Counsel and client, the latter pleaded " Guilty " unconditionally, and yvas remanded for sentence. T h e outrage in question yvas committed on the second day of the race meet, and after the two favourite horses (Petrel and Bessy Bedlam) had each scored a victory. Mr. O'Shanassy was riding about the course when his contemplations were unceremoniously disturbed by a shock, as if the side of his head had been broken in; he was astonished, though not quite stunned. H e beheld a m a n riding ayvay, waving a riding whip over his head, and seemingly in high glee with himself. This m a n yvas the prisoner, w h o had ridden from behind to O'Shanassy's side, and, taking him unawares, dealt what he intended to be a murdering blow with the butt end of his whip. Finding that he had neither killed nor unhorsed his man, he took to his, or rather the horse's heels, and gave what is k n o w n as " leg bail " for his disappearance. A w a y they went at full gallop, the pursued and pursuer, for O'Shanassy was about the last m a n in the world to take a "jaw-breaker" of the kind with equanimity. They were both fairly mounted and far from indifferent riders. So there yvas added to the programme of the day this improvised " helter-skelter" of over a mile run, and it is needless to say it yvas witnessed with much;excited interest, and followed at some distance by half the horsemen gathered on the course. Fear and passion sat behind the two foremost characters. Johnstone knew well that if overtaken he had to cope with a rough customer, who would severely punish him ; whilst the clotting blood that dyed one-half of O'Shanassy's face by no means mollified a temper the reverse of angelical when m u c h put out of order. At length they approached the verge of the Western S w a m p between the course and Melbourne, where the assailed overhauled the assailant, to w h o m he administered a hiding not to be soon forgotten; and then seizing him by the neck, held him until District ChiefConstable Brodie arrived, to w h o m he handed him over in a very sore condition, with a well-tanned skin and unbroken limbs. T h e officer took charge of his prisoner; and next day the Police Bench decided on sending the case to a higher Court.
