THE BOY MURDER NEAR BALLARAT.

South Canterbury Times, Issue 2621, 15 August 1881, Page 2

THE BOY MURDER NEAR BALLARAT.

At the Geelong Assize Court on .Wednesday, before his Honour Mr. Justice Williams, William Henry Hall, aged 10 years, was charged with haring on the IGth June murdered a boy named Tommy Win Hock, near Ballarat; and James Hall, aged 14 years, was charged with being an accessory after the fact. The prisoners pleaded not guilty, and were defended by Mr. Fink. Win Hock (through an interpreter) stated that the boy was his adopted son, and was five years of age when he was killed. He saw the boy alive at 10 a.m. on the day before he saw him dead. The prisoners James told him that Tommy was dead in a waterhole. The prisoner’s father and he went to the waterhole, and found the dead body, with his throat cut and marks of shot wounds in his logs. Tommy was a playmate of the prisoner. Sarah Ann Hall, sister of the prisoners, stated that she saw the deceased near their house at half-past 11 a.m. on Thursday. Tommy and the prisoner Willy went out together with a gun, but the latter came back in a quarter of an hour alone, and said that he had shot Tommy through the leg, and wanted some rags. She gave the rags, and went to Toirfmy, binding up the wound. Tommyjsaid the blackfellow had shot him. He asked for, water, which was given him, and he was carried up to a fence by Will, as he said he wanted to sleep. She left the deceased with the prisoner Willy, and went home, and did not sec him again

alive. Willy came back in about a quarter of an hour and said he had left Tommy at his father’s. James left that day with his father at half-past 8, and returned at half-past 5. After supper their father sent James to town for groceries, and he returned without them. Willy did not go out that evening. William Ha 1, miner, living at Scars - dale, the father of the prisoners, who said he could not read or write, deposed to the ages of the prisoners, and to James going out with him on Thursday, as stated by the previous witness. On Friday lie again sent James a message, and it was his nearest way to pass the waterhoie. On returning he said he thought he saw Tommy in the waterhole. James showed him the holfy and be sent him to inform the father of Win Hock. When the body was taken out there was a cut in the throat, and shot marks in the legs. On the Thursday, James had different trousers from those he wore at the inquest. James was with the witness working all day on Thursday. Constable John M’Cracken deposed to arresting the prisoners after the •adjourned inquest on the 19th. The two brothers were brought face to face, and Constable Crampton was present. In answer to a question put by the latter, Willy said Janies had cut the boy’s throat, but ho had shot him previously, and they then put him in the water hole. James said in reply, “ May God strike me dead if I ever touched little Tommy. It was you,” speaking to Willy. James had also, the witness deposed, stated in writing that on Thursday Willy met him and him that he had accidentally shot Tommy ; that they had bandaged up the wound, and that ho (Willy) had afterwards cut Tommy’s throat. James further stated that they then drugged the body and put it in the water hole. Willy admitted that the statement was true.

Charles Clarke, Scarsdale, a bootmaker, deposed to measuring the footpr nts at the watcrhole, after they had been dug up. They corresponded with the feet of the younger prisoner. James Hail’s foot did not correspond. Richard Hyland, detective, gave evidence to prove that William had confessed that he had cut Tommy’s throat, and had told several falsehoods about what occurred on the Thursday. He added that all of the Hall family denied having seen Tommy Hock since the Wednesday. His Honor in summing up, stated that the law required that malice should bo proved in the case of criminals between seven and fourteen years of age, the law presuming that they had not a guilty knowledge between those j'ears. The jury retired at 5 o’clock, and returned at 7 with a verdict of not guilty, and both prisoners were discharged. The prisoners seemed quite unconcerned.