|
THURSDAY,
APRIL 7
1842
John Walsh, was
indicted for the wilful murder of Catherine Collitts, on the
3d January last at Mount Victoria, near Hartley.
It appeared that the
deceased came to the house of Mr. Joseph Jaggers, Innkeeper
of Hartley, in company with the prisoner, and her husband,
and Mr Gardner's stockman, on the 3rd of January. They were
all sober except Walsh, who appeared to have taken liquor.
The stockman called for a glass of brandy each, for Collitts
and the prisoner, and a glass of syrup for the deceased.
Walsh had two glasses of brandy, and the deceased two
glasses of syrup, while in the house; the prisoner called
for the second glasses. They all left the house together; it
was not a moon light night; Gardener's man had gone before
in another direction. Prisoner took deceased by the arm, and
they went, all three up the hill about a mile ; the body was
found a mile and half farther on; the prisoner would go lo
Jaggers'; prisoner asked where his own wife was; Collitts
said he believed she was at Blackheath; prisoner then gave
him a blow which knocked him down ; prisoner was not sober;
deceased caught hold of prisoner, and said " don't hit him
;" Collitts jumped up and ran away, off towards Blackheath:
deceased sung out to him to run or prisoner would kill him;
prisoner ran alter Collitts, but he left him and saw nothing
of the prisoner until he came home about two hours after
witness had been in bed at Gardener's; there were other men
there ; when prisoner came in Collitts asked him "where is
my wife?" Prisoner answered, " Mr. Jaggers' son and four
more men rushed me ;" your wife flew into my arms for
protection " "Jaggers' son up with a pistol and struck me
here" (pointing to his face). There was a scratch or a cut
on his face; it was bleeding. Prisoner and his wife went off
to bed. Prisoner said, " I was forced lo run for my life,
and stopped at tbe box where the soldiers were, and borrowed
a Government shirt." Prisoner only had on a shirt; nothing
else; neither hat, jacket, towsers or shoes ; only his
shirt; it was a blue stripped shirt, such as prisoners wear;
at Jagger's, the prisoner had on a white shirt ; he said
that young Jaggars had stripped him naked. The next morning,
he said. " Are you coming to look for your wife ; prisoner
paid Mr Gardener for the lodging, and Collitts and prisoner
started together towards Mount Victoria; half a mile on
this, the Bathurst side of Mount Victoria, the mail came up,
aud the mail man asked where he was going; he said to look
after his wife; the mailman said, that man (pointing to the
prisoner) has murdered her. The mail- man knew the deceased.
Jaggars' man was also in the mail ; the mailman told witness
to give the prisoner in charge ; the prisoner repeated the
story about Jaggars' son, and the four men, and said he
would swear to Jaggars' son; witness ran to the spot where
the body of deceased was lying. The mailman showed witness
the prisoners' clothes and his wife's shawl.
The body was
discovered by Matthew Wall, driver of the Penrith and
Hartley mail, about six a m., midway between the top of
Victoria and Soldiers' Pinch, about three miles from Jaggars'.
He saw some clothes lying on the road, and afterwards a body
; the horses would not face the clothes and he got down and
gathered up the clothes and tied them in the shawl which he
found four or five yards from the rest ; the clothes
produced were those he picked up on the road and took to
Gardener's. He at first thought that men had been fighting.
The shawl was lying at some yards distance from the others,
all separate,-first the shawl, then the trowsers, next the
waist- coat, next the shirt, next the neckerchief, then the
boots ; the body was nearly opposite ; the body, which was
off the road, was stripped to above the middle,-the legs
were spread out; he pulled the clothes over her legs. He
knew her before she was married ; he recognized her as
Catherine Collitts; the brace saturated with blood was lying
within a yard of the body, rather off the road. The clothes
on the deceased did not appear to be torn ; the left side of
the face which was uppermost was not much injured, and he
did not disturb the body at all. The body was quite stiff.
There was a Mr. Short, and a man named Wilson, in the mail ;
Wilson got out, Short did not; on their way to Gardener's
they met the prisoner and Collitts; he asked Collilts where
he left his wife the previous evening, -he said at the top
of the hill, because the prisoner struck him. The prisoner
said he had been run away with himself, and had to take a
shirt back. He called Walsh a murderer, and told Collitts,
that his wife was on the road ; he told the prisoner he
ought to be hung, and told Collitts to give him in charge.
The jury, after
having deliberated for about half an hour, returned to the
jury box and pronounced a sentence of guilty. The Solicitor
General having prayed the sentence of court, his Honour
immediately passed sentence of death upon the prisoner,
expressing his entire concurrence with the verdict, and
imploring the miserable man to make his peace with his
Maker, as he could no longer be allowed to remain on this
earth, but soon appear
before that dread tribunal where all
his crimes would be
found registered against him.
|