indictment laid the offence as the publication, in the Gazette of 2nd July, " to the great infamy, injury, and scandal" of Marshall, etc. For the prosecution the complainant yvas called as a witness, and, whilst emphatically traversing various sections of the libel complained of, on cross-examination he acknowledged to having been insolvent, and arrestedfordebt in England, but had given bail there and had not left whilst under bail. H e declared he had never been outlawed. T h e jury found Arden "Guilty," and he yvas admitted to recognizances, to appear for judgment on the 15th September, yvhen Judge Willis sentenced him to a fine of £ 5 0 , to find tyvo years' good behaviour security, himself in £ 5 0 0 and tyvo bondsmen in £ 2 5 0 each, and to be imprisoned until the fine yvas paid, and the recognizances entered into. T h e Judge subsequently alloyved Arden to give bail for the fulfilment of the sentence within a few days, which was done accordingly. THE FIRST TRIAL FOR RAPE.—15TH OCTOBER, 1842.
John Taylor yvas indicted for the violation of Anne Handhaugh, at Geelong, on the 8th September. For the prosecution the Croyvn Prosecutor appeared, and Mr. Cunninghame, assigned by the Court, defended the prisoner. T h e prosecutrix was a married w o m a n , about 25 years of age, and in very delicate health. She lived at Ashby, near Geelong, and on the day named had occasion to go into Geelong to procure some medicine from Dr. Shaw for her sick servant. She had to travel a mile to and from, and was returning in the afternoon yvhen she met the prisoner on the road, yvho remarked that it yvas "a fine evening." She m a d e the usual reply, and he then uttered an insulting expression, at which she got alarmed, called out " Murder," and ran from him. H e overtook her, threw her doyvn, and maltreated her with a violence that rendered her insensible. Tyvo m e n and a w o m a n witnessed the outrage from some distance, and one of them (Sylvester Neyvton) pursued the prisoner and caught hold of him, but was quickly shaken off, and Taylor for the time escaped. That night he was apprehended by the police, and next day committed for trial from the Geelong Bench. Whilst giving her evidence the prosecutrix became so exhausted by extreme nervousness that stimulants had to be twice administered to her. Dr. Shayv and her husband were obliged to support her in Court, and when her examination was concluded she fainted, in which state she was removed to the Judge's room. T h e charge was most conclusively proved, and the jury found the prisoner "Guilty." H e yvas remanded for judgment until the 17th, yvhen sentence of death was passed, yvhich yvas afterwards commuted to transportation for life. MURDER AT THE PYRENEES.—17TH OCTOBER, 1842.
John Connolly, alias Maloney, was tried for the wilful murder of Mr. Francis, a settler at the Pyrenees, on the 17th September, and his defence was undertaken by M r . Cunninghame, assigned as Counsel for that purpose. From the opening statement of the Crown Prosecutor, it appeared that the prisoner yvas employed on the station of the deceased. They had had some dispute, during which Connolly snatched up a gun and presented it at Francis, but it did not go off. H e yvas then ordered to quit the place, which he did, but returned some hours after. Francis seeing the m a n coming back went towards him to prevent it. H e had a piece of rotten stick in his hand, and, meeting Connolly about 150 yards from the house, told him he yvould have nothing more to do with him. Connolly dared him to prevent his going back, and would force his way, when Francis struck him with the stick on the shoulder. Connolly then rushed on Francis, and the latter fell to the ground. This m u c h yvas seen by some m e n working a short distance off; but they saw no other weapon used than the rotten stick. Francis, w h o had on only his shirt and trousers, scrambled to his feet and hastened back to the house, telling the inmates that Connolly had stabbed him; he went to bed, and died next day. T h e murderer was at once seized by the m e n on the place; and when Francis heard the scuffling, and was told the cause, he sent word "that the prisoner yvas not to be ill-used." N o one had seen any stab given, nor was any weapon found on the prisoner or about the scene of the occurrence, and so far they did not know what to m a k e of it; but the mystery was made plain next day by the prisoner confessing that he had stabbed Francis with a knife formed out of a sheepshears, and immediately after dropped the weapon in a water-hole. It was elicited in evidence that the prisoner was sometimes yvhat is colonially termed a "shingle short," and, in consequence was known as Cranky John. T h e defence set up yvas insanity, but the prisoner was convicted after little deliberation
