Page:ChroniclesofEarlyMelbournevol.1.pdf/431

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THE CHRONICLES OF EARLY MELBOURNE.
391

something so very m u c h approaching it, as to provoke a severe rebuke from the presiding Judge. H e was, however, most emphatic in regarding the prisoner " as m a d as a hatter." T h e jury convicted on the fourth count, and the prisoner yvas sentenced to seven years' hard labour. T h e Judge, in a very feeling address, remarking that the circumstances yvere such as yvould justify a verdict on thefirstcount, and had the jury so found, nothing yvould have saved the prisoner's life. A s to insanity, there yvas nothing in the evidence to sustain it, or to warrant a belief that the prisoner yvas not in full possession of his senses yvhen he committed the heinous deed, or that he had ever been othenvise, except when under the influence of drink. A SHOCKING AVIFE MURDER.—19TH AUGUST, 1851.

Patrick Kennedy pleaded not guilty to a charge of having murdered his wife, Mary, on the 30th April, at M o u n t Rouse, in the AVestern District. Mr. Stawell (just recently appointed Attorney-General) appeared for the Crown, and the prisoner yvas defended by Mr. AVilliams. T h e prisoner yvas employed as a shepherd on the station of a Mr. Cameron, of M o u n t Sturgeon. He, his wife, and four children, had a hut for themselves, the other m e n occupying quarters close by. Kennedy, yvho yvas usually a good-tempered man, had hitherto lived on affectionate terms yvith his wife and yvas fond of his children. Though not drunk, he seemed a good deal out of sorts on the last day of the month, shirked his shepherding, and sent his daughter, the eldest child, to look after the woolly charge, yvhile he lounged moodily in and out of the hut, ill at ease, and disposed to find fault not only yvith himself, but everybody else. Williams, another shepherd, and Kennedy sat down to dinner, and though the yvife yvas present with her baby in her arms, she ate nothing. During the meal Kennedy remarked to Williams that he had a notion of selling " the old w o m a n " (meaning his wife), and had an offer of £ 6 0 and a mare for her. Williams, astonished, asked Mrs. Kennedy if yvhat her husband said was true, and on her ansyvering, " I believe so," AA'illiams said to Kennedy, " I know you have too great a respect for your wife to sell her; " but the other turned sharply upon him yvith the words, " I tell you what, old man, I'll have to kill you for that horse you have." Williams retorted, " Never a fear of that. I'll take care you do nothing of the kind," whereat the yvife begged of her husband, " not to be using such nasty talk." AVilliams soon after left, and returning after a short absence found Mrs. Kennedy crying and showing signs of ill-treatment. She said her husband was angry and yvished to vent his spite upon her ; and approaching Kennedy, yvho was looking on gloomily, she coaxingly addressed him, " M y dear Patrick, don't be angry with me." Kennedy did not reply, and on AA'illiams saying, " Surely Kennedy, you yvould never be so unmanly as to strike a yvoman in your yvife's condition, lately confined, and with an infant at the breast," the other said, " he would give him a thrashing if he interfered between m a n and wife," and warned him to " mind his oyvn business." After some further wordy altercations, Kennedy promised not to strike his wife; but immediately after, with a horrible grin, m a d e a blow at her, yvhich missed, and he ejaculated, " Ah, you brute ! " Williams begged of Kennedy to go and relieve his little girl yvith the sheep-minding, but Kennedy shoved him out of the door, with the intimation " that he and the wife m a y both go to " AVilliams had not gone far when he heard the noise as of a scuffle and bloyvs in the hut, and hurrying back, saw Mrs. Kennedy on the ground, and her husband beating and kicking her, but had no weapon in his hand. Williams sung out, " Oh, Kennedy ! what have you done ? " But the other rushing at him swore " be would serve him the same; " and AVilliams ran off to procure assistance. Another shepherd, Carter, who, attracted by the uproar, rushed to Kennedy's hut after the departure of AVilliams, sayv Kennedy dragging the w o m a n about half naked. Dashing upon the infuriated husband, he forced the poor w o m a n from him, and taking her in his arms laid her on a bed. T h e murderer, seizing a shear-blade, m a d e towards Carter, who, to save his oyvn life, was obliged to leave the yvoman to the barbarous violence of her husband. T h e husband, when all yvas over, came and told him that hisr wife was dead. Kennedy suddenly got very sorry, " declaring he could not think what m a d e him do it, unless it yvas the devil." T h e prisoner yvas committedfortrial in Geelong, but the venue was changed to Melbourne. T h e defence was a weak attempt to disparage the evidenceforthe Crown, and after two hours' deliberation, the jury returned a verdict of "Guilty," to which nine of them added a " Recommendation to mercy."