numbers, he and every other honest man is entitled to protect himself by taking the lives of those who come upon him. This, in law, is termed justifiable homicide; on the other hand, if lawless persons take life; they are guilty of murder.
'Having explained the law on intimidation, I will pass on to the circumstances more immediately surrounding the case. It is proved beyond doubt that the Dundonald steamer was deliberately and wilfully set on fire by the prisoners and others. If any person had perished in the flames by their act, or if, when shooting at the vessel, any of the crew or passengers had been killed, they would now be on their trial for murder.
'As it is, they have, most properly, been found guilty of arson by the jury, a crime punishable, under Victoria No. 89, section 6, with imprisonment with hard labour, and solitary confinement.
'I accordingly sentence Samson Dawker, who has been referred to as the "President," and Jeremiah Abershaw, to three years' imprisonment with hard labour, and periods of solitary confinement, both to be served in Berrima Gaol. The other prisoners do not appear to have been so actively employed in these unlawful, demoralising acts. They are therefore sentenced to two years' imprisonment only, with hard labour. I cannot conclude my remarks without stating that I fully agree with the verdict of acquittal by the jury in the case of William Hardwick, who might have been deprived of his liberty by a conspiracy of unprincipled persons, had not the jury rightly discriminated as to the manifest unreliability of the evidence against him. He therefore is enabled to leave the Court, I have pleasure in stating, without a stain upon his character.'
REGINA v. STOATE.
Charged with Arson.
'May it please your Honour,' said the Crown Prosecutor, 'the prisoner before the Court is charged with wilfully and maliciously setting fire to the grass of the Tandara Run. I purpose calling the arresting constable and the manager, Mr. Macdonald; also the aboriginal Daroolman, who is exception-
