Patrick Creran - I have been free three years, I have been ten years in the colony; I was at Pembroke's the day Mrs James was hanged; one of her sons came crying out that his mother was hanging; it was about eight or nine o'clock in the day; I went up to the house; I saw James, and I asked him what was the matter, he said there was nothing the matter and asked me what business I had there; the children were all laughing at the door; I went into the room and saw the woman hanging; I cut her down; James was standing with his back to the fire; he threatened me, and said I had not right to interfere; there was a dispute between me and James; I got him fined forty shillings, he did not like to see me about the house; I heard James say, ``let her hang and be d--d;" this was before I cut her down; she was hanging by a red handkerchief; when I cut her down she was a long time before she came too; when she did come too she took some rum that James had, but he gave her a push and she fell down; I had seen Mrs. James before that morning; while I was trying to recover Mrs. James, the prisoner was in the kitchen, he gave me no assistance; when Mrs. James came into the kitchen she said she understood I was the b--y rogue that cut he down; she was angry with me; I said I did cut her down, and I asked her if she was not glad of it; she replied no, the prisoner had been long enough trying it on, and that if I had not interfered she would have been in a better world.  The prisoner and his wife then had a dispute about Jane Smith, and I went into another room, and by standing on the sofa I was able to see into the room in which the prisoner and his wife usually slept; I saw Mrs. James with a black handkerchief in her hand which she tied to a rafter; she asked the prisoner, who was in the next room, where her eldest son was, and he said he had gone for sugar; Mrs. James then got on a box, and the prisoner came to the room door and asked her if she was as game as she pretended; she said she wanted to see her eldest son; the prisoner said stop a minute, and then put the handkerchief round her neck and pushed her off the box; he then dragged her by the feet; he then left her and went into the kitchen; the son almost immediately came in and cut her down; the sudden jerk he gave her must have hung her; I saw the soldiers come in; I heard the soldier sing out; I was on the sofa and was looking over the wall when I saw the prisoner drag his wife by the feet; I intended to have cut her down, but the son was before me; the boy entered the room almost immediately after the prisoner left it.

Cross-examined - I was drinking at Pembroke's when the son came to me; I was at the door and saw the boy; I got there in time to save her; I was in the house the second time but was not in time then; it was after the soldiers had come in to light their pipes that James acted as I described; I do not know whether the door was locked inside; I did not tell constable Abrahams that the door was locked, I should have made an alarm if I had not been afraid the prisoner would have escaped; if I had done such a deed I should have run away; I knew he had pistols in the house; and I told the magistrates at Penrith that was the reason; the prisoner had threatened to take my life; I thought it was necessary for me to keep my eye on him; there was no time lost before the soldiers made an alarm; I did at one time say I saw the deceased through the slabs, but it was the first time I alluded to; I do not think I said so with regard to the second time; the box was about half a yard high; it might have been more or less; I did not hear Jane Smith call the soldiers; I did not see the soldier from the time he lit his pipe until Mr. Pembroke was in the house; I did not see him look through the door; when I saw the prisoner leave the room; I got down as gently as I could in order that the prisoner might not hear me for fear he should blow my brains out, and I got out of the room as quick as possible but the son was before me.

Cahan re-called, I never left the house from the time Smith called me until Pembroke came up; if Creran had been trying to cut the woman down I must have seen him.

Cross-examination of Creran continued.  I laid two informations against James, I convicted him on one of them; I was charged with perjury but it could not be proved; I was in the house about settling one of the informations, the prisoner sent for me and offered me a pound and a pistol; I have just been giving evidence in the other court; I swore that all my clothes were stripped off me, and the man who was with me swore I was not stripped, but it is easy to get people to swear any thing; James was partly drunk; I was not out of the house from the time she was hanging the first time until the second time; I remained in the room all that time through what I heard amongst them; I wanted to see whether she was for hanging herself, or he was for hanging her; I saw that officer (Mr. Faunce) come in.

Mr. Pembroke an inn keeper residing at Twenty-mile Hollow.  Corporal Spence called me and said Mrs. James was hanging; I went up to the house; the body was cut down; I recommended James to send to the depot for a medical man, but he refused; the body was quite dead; I saw Creran in the house.

Cross-examined - The prisoner refused to send for a medical attendant; he afterwards appeared to be in great tribulation; the deceased was subject to take a drop; Creran called me on one side and pointed out a place from where he said he saw the prisoner commit the act; I did not know anything about the deceased having attempted to hang herself before; I do not think Creran was at my house that morning; I understood Creran to say he had seen through the slabs; he did not tell me that he had got on the sofa and looked over the wall; I cannot say whether he could have done so; no person came to my house and called Creran to go and cut the woman down.

Mr. Thomas Black, surgeon - On examining the body of the deceased, I found one or two slight contusions on the eye, but think they were inflicted by her falling forward after she had been cut down; she died by strangulation, which I have no doubt was caused by hanging.

Cross-examined - Creran said he saw the transaction through the slabs; he never said anything about sofa or bark; he said her feet were about the height of the table from the ground, but that was impossible, as from the position of the handkerchief, her feet could only just be clear of the ground; I recollect Creran was flogger at the station; from the very inconsistent manner in which he gave his evidence I would not believe him on his oath.

The prisoner made no defence, but called the following witnesses:--

District Constable Samuel - I was sent to the Twenty-mile Hollow; Creran told me the door was bolted inside; he took me into the inside room and shewed me where he said he stood to see James put the handkerchief over his wife's head; I am a taller man than Creran, but when I got on the sofa I could not see over; I could not lift the bark, I was not high enough.

Lieutenant Faunce, 4th Regiment - I was on the spot with Mr. Campbell the magistrate just after the affair; Creran did not offer his evidence; after all the persons had been examined, Mr. Campbell said as Creran was a constable he would examine him, and then he told this long story; I would not believe him on his oath; The box pointed out as the one from which the deceased was thrown, was about seven inches high.

Mr. Foster said that he had other witnesses, but he did not think it was necessary to call them.

Mr. Justice Kinchela said, that in law, a person who assisted another to commit suicide, was guilty of murder; so that in a case where two disappointed lovers agreed to commit suicide, and went out in a boat for the purpose of drowning themselves, and one of them survived, the survivor was held to be guilty of murder, and the case was afterwards argued before the twelve judges, who were of the same opinion.  The present case as it affected the prisoner, stood solely on the evidence of Creran; they had heard his evidence, and they had heard what had been said about him, and it was for them to shew by their verdict whether they believed him.

When the Jury had been absent about half an hour, they returned, and the Foreman (Captain Macpherson) said that they wished to examine James the son of the prisoner, who cut his mother down.  Mr. Justice Kinchela said that they were bound to return a verdict on the evidence laid before them; they could re-examine any witness they pleased, but they could call no new ones; neither the prosecutor or the defendant had called him, and the Jury could not.  Captain M. said that there was no likelihood of their agreeing, and they again left the Court which was adjourned for two hours.

Soon after seven o'clock the Jury again returned to Court, and said that they were unable to agree upon which His Honor said that he was very sorry, but he must lock them up for the night.  He could not discharge them without the consent of the Crown and the prisoner.  If the Crown would forego the prosecution entirely, or the prisoner consent to be tried again, a Juror could be withdrawn, otherwise they were entitled to a verdict.  Mr. Carter on the part of the Attorney-General, and Mr. Foster on the part of the prisoner refused to acceded to the suggestion, and the Jury were locked up for the night.

Saturday, August 13. - Upon Mr. Justice Kinchela taking his set this morning, the jury in James' case, who had been locked up all night, came into Court and returned a verdict of Guilty.  Death.  Ordered for execution on Monday morning.  His Honor stated that he would respite the prisoner until he could take the opinion of the Judges on the point raised in his behalf by Mr. Foster.