Page:ChroniclesofEarlyMelbournevol.1.pdf/429

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THE CHRONICLES OF EARLY MELBOURNE.
389

concerted the following means by which they hoped to secure Warman's visitor. They yvere to set out for Warman's next morning; H o o k was to secrete himself outside, and remain perdu until a given signal. AVarman marched into his home, and on the pretence of requiring a yvash, took off his coat and sauntered towards the door. This being the understood signal, H o o k crept lightly up, and both m e n taking from behind the unsuspecting stranger, had little difficulty in securing him, and transferring him to the police station at Dandenong. This m a n yvas the prisoner Devlin. Jones was arrested some days after by Mounted Constable Cowen, whilst asleep in a hut on the station of Mr. McLeod, on the Snowy River, near Maneroo. About £ 2 8 in cash and notes yvere stolen out of the mail, and had disappeared; but the greater number of the abstracted cheques were found on the prisoners and restored to their owners. There yvas no defence, and the jury returned a verdict of "Guilty " on the third count. Sentence of e a c h — five years' hard labour. HORSEWHIPPING ON A RACECOURSE.—15TH OCTOBER, 1849.

William P n, of Gippsland, gentleman, was presented at the Criminal Sessions for having assaulted Francis Desailly, on the 9th March, in Gippsland. In the second count the offence was charged as a c o m m o n assault. Mr. Barry defended. The Crown Prosecutor, said it was not usualfora Public Prosecutor tofilea bill in such cases, but the present one yvas rendered exceptional by certain circumstances of aggravation. The parties were settlers of good condition, and the complainant was one of three brothers, himself, Lewis, and George, but George had left the province in July. O n the 9th March, races yvere held at a place known as the Green Wattle Hill. George Desailly and P n were competing in a hurdle match and P n's horse baulked the second jump, coming into collision with the complainant, w h o was galloping along, absorbed in the chance of his brother winning. Both riders yvere throyvn, and when they got upon their legs after the joint fall, P n, yvho was in a terrible rage, stigmatised Desailly as a blackleg, and struck him with a whip. Desailly did not return the bloyv, but after the race had terminated yvent up to the stand and informed his brother of what had happened. Whilst in the act of doing so, P n approached, shaking his whip in a menacing manner, and addressing the surrounding croyvd, vociferated, " Gentlemen, come this w a y ; I have already horseyvhipped a scoundrel, and I mean to do it again;" and so saying he again pitched into Desailly, declaring that he yvanted other satisfaction, and would have it too. H e had not it all his o w n way this time, though, for Desailly closing yvith him, a second yvhip yvent to work, and the engagement ended in the flooring or rather grounding of both combatants. Desailly returned home, and after a month's cogitation thought proper to initiate legal proceedings. Several witnesses were examined, the jury found defendant "Guilty" on the second count, and Judge A'Beckett, after administering a severe rebuke for such conduct, especially from a person supposed to belong to the gentlemanly grade of society, sentenced him to pay a £ 5 0 fine, and to enter into a personal recognizance of ^"100 to keep the peace for twelve months. T h e legal requisitions were at once complied with, and the defendant was discharged. THIRD LIBEL ACTION AGAINST THE "ARGUS."—13TH MARCH, 1851.

Moor v. Wilson and Another. This was the third time Mr. Henry Moor sought redress for defamation of character by the Argus, in a civil action before the Judge of the Supreme Court and a Special Jury of Twelve. O n the tyvo previous occasions Mr. William Kerr, the then Editor and proprietor of the Melbourne Argus, yvas the defendant. The verdict in the second case burst up the paper, which passed over to a new proprietory; but though nominibus mutatis, there was no change in the persistent rancour yvith yvhich it stuck to Mr. Moor. At the date of the present suit, the plaintiff was a m e m b e r of the Legislative Council of Neyv South Wales, and Messrs. Edward Wilson and James Stewart Johnston, the co-proprietors of the Argus, were the defendants, The action was for a libel published in that journal on the 18th December, 1850, and damages were laid at £ 1 0 0 0 . Counsel for plaintiff, Messrs. Williams and Stawell;fordefendants, Mr. Barry.