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ON THIS DAY…… 2nd September 1890

The inquest touching the death of Donald M’Donald was resumed, Mr.W.W.Greene, P.M. Dr. Quick appeared for the Crown, the prisoner Rowe being unrepresented. Although a mass of evidence was elicited during the enquiry, no point of importance transpired. The man John M’Donald, a former partner of the deceased, was re-examined, but his evidence was chiefly corroborative. He swore positively that the last time he saw the deceased was on the occasion when he went to his camp to arrange about the settlement of accounts in connection with some fish they had jointly sent to Melbourne. He was afraid to approach too close to the deceased, as he considered him a “shingle short,” and had, moreover, often heard him threaten to shoot persons on whom he had a down. Senior-constable Egglestone and Detective-sergeant Mahony corroborated the prisoner Rowe’s statement as to his route from Tyntyndyer to Terang. Although some of the camp sites are now submerged by the flood waters, they had been able to follow up his track. They produced the barrel of the prisoner’s gun, and also some burnt cartridges, which were found in the place described by Rowe. The police having exhausted all the available evidence, the enquiry was adjourned till Saturday, October 4th. The prisoner stated that he hoped to see the right man brought to task and that he would say nothing until all witnesses were excluded from the court during the hearing of evidence.

ON THIS DAY – February 7, 1889

CAMPBELL’S CREEK

James Fawkes was charged with wounding with intent to murder his uncle John Rogers at Campbell’s Creek, Castlemaine, on February 7. The prisoner went to his uncle’s house on February 7 and deliberately shot him in the head, and afterwards also wounded James Hocking when he tried to detain him. The evidence of Drs. Reid and Henderson went to show that the prisoner was not of sound mind. When asked to plead he said he was guilty, but the judge refused to take the plea, suspecting insanity, and caused the assignment of counsel (Dr. Quick) to conduct his defence. The judge summed up at length, and was evidently deeply moved. In the course of his remarks he said that counsel should have been previously assigned to the prisoner, and that it was not fair to leave it to the judge to find out the state of a prisoner’s mind. The gaol officer evidently thought that he was insane, yet the authorities had made no further investigation in the matter, and had he (the judge) not noticed that there was something wrong with the man his fate would have been sealed at the present moment. The jury found a verdict of guilty, adding that the prisoner was insane at the time of the committal of the offence. His Honour ordered his imprisonment during the pleasure of the Governor.

 

 

ON THIS DAY…… 2nd September 1890

The inquest touching the death of Donald M’Donald was resumed, Mr.W.W.Greene, P.M. Dr. Quick appeared for the Crown, the prisoner Rowe being unrepresented. Although a mass of evidence was elicited during the enquiry, no point of importance transpired. The man John M’Donald, a former partner of the deceased, was re-examined, but his evidence was chiefly corroborative. He swore positively that the last time he saw the deceased was on the occasion when he went to his camp to arrange about the settlement of accounts in connection with some fish they had jointly sent to Melbourne. He was afraid to approach too close to the deceased, as he considered him a “shingle short,” and had, moreover, often heard him threaten to shoot persons on whom he had a down. Senior-constable Egglestone and Detective-sergeant Mahony corroborated the prisoner Rowe’s statement as to his route from Tyntyndyer to Terang. Although some of the camp sites are now submerged by the flood waters, they had been able to follow up his track. They produced the barrel of the prisoner’s gun, and also some burnt cartridges, which were found in the place described by Rowe. The police having exhausted all the available evidence, the enquiry was adjourned till Saturday, October 4th. The prisoner stated that he hoped to see the right man brought to task and that he would say nothing until all witnesses were excluded from the court during the hearing of evidence.

ON THIS DAY – February 7, 1889

CAMPBELL’S CREEK

James Fawkes was charged with wounding with intent to murder his uncle John Rogers at Campbell’s Creek, Castlemaine, on February 7. The prisoner went to his uncle’s house on February 7 and deliberately shot him in the head, and afterwards also wounded James Hocking when he tried to detain him. The evidence of Drs. Reid and Henderson went to show that the prisoner was not of sound mind. When asked to plead he said he was guilty, but the judge refused to take the plea, suspecting insanity, and caused the assignment of counsel (Dr. Quick) to conduct his defence. The judge summed up at length, and was evidently deeply moved. In the course of his remarks he said that counsel should have been previously assigned to the prisoner, and that it was not fair to leave it to the judge to find out the state of a prisoner’s mind. The gaol officer evidently thought that he was insane, yet the authorities had made no further investigation in the matter, and had he (the judge) not noticed that there was something wrong with the man his fate would have been sealed at the present moment. The jury found a verdict of guilty, adding that the prisoner was insane at the time of the committal of the offence. His Honour ordered his imprisonment during the pleasure of the Governor.