THE DALESFORD MURDER.

Thames Guardian and Mining Record, Volume I, Issue 141, 22 March 1872, Page 3

THE DALESFORD MURDER.

(From the Daylcsford Mercury. March 2.) We stated in our last that the body of Henry Pensom, a wood-carter of this borough, had been found on Wednesday evening under circumstances winch left no doubt that he had been savagely murdered at the abandoned shaft of the Fountain Head Company. Up to Thursday morning it was believed that the unfortunate man had been killed by a blow from a pick, but the jiosl-morlcm examination on that day by Di s McGregor and Massey disclosed the fact that death was caused by a pistol-ball in the brain. The pellet, evidently discharged from a weapon with a very small bore, had entered the left temple, and after passing in an oblique direction through the brain, had lodged in the cel/a tursica behind the nose, extensively fracturing the frontal bone, anil,also a portion of the jaw. iho surgeons, moreover, found two circular wounds in the scalp caused by pistol balls which had not penetrated the skull in consequence of its immense thickness ; a lacerated wound about an inch long behind the left ear, several abrasions on the face, and some contusions on the right side over the ribs. All the internal organs were healthy, and the stomach contained some undigested food. As it was possible deceased bad been drugged before be was murdered, the stomach was placed in a sealed jar, and has been forwarded to Mr Johnson, the Government analyst, for examination. We now go back to the discovery of the murder, and the story will show bow difficult it is even for the most cold-blooded villians to destroy all traces of their crime. The Fountain Head shaft is situated on the side of a basaltic elevation, facing Wombat-park, and separated from it by a fence and a blind creek Four or Five hundred yards from the shaft, in a north-westerly direction, is the house of Mr W. E. Slaubridge. About

200 yards norst-west, on the top of the elevation, and not within sight or earshot of the shaft, is a small dwelling belonging to the owner of an adjoining vineyard. Due south 400 or 500 yards from the shaft, and facing the main road from Daylesford to Mahnsbury, are the residences of L. O. Hart, mayor, and Mr G. Webster, police Magistrate. As the shaft is situated on the slope of the range, somo distance above the creek referred to, the poppet-heads and debris are plainly to be seen by any one crossing the park to or from Mr Stanbridge’s. It so happened that about 6 p.m. on Tuesday, William Phillips, in the employ of Mr John Howe, in whose paddock the shaft is, was passing the spot with a boy, when the attention of Phillips was attracted by a disagreeable smell. Stepping up to the western side of the excavation, where the boards bad been removed to the level of the ground, he saw the body of a dead man, with his legs astride the centreing, and his head resting against the southern side. As it was evident murder had been committed. Phillips immediately went to the camp, and returned with Constables Glavin and Conlon. On examining the shaft, they noticed a great splash of blood on tho woodwork in contact with the head, drops of blood on the northern side, a crimson streak down the eastern side, and numerous stains on the edge of the planks, besides many patches of blood on the ground. They also picked up an old felt hat of the deceased’s on tho dirt close to the shaft. From an inspection of the place yesterday, we are inclined to think, that deceased, when shot, was sitting on a slab that extended from the south-eastern edge ot the shaft to the poppet leg in tho same direction. It is probable that tho first shot fired was the fatal one, and that the murderer then discharged the two others to make sure of liis bloody work. He must next have dragged bis victim half way down tho sloping bank of mullock, lifted tho body up two or three feet, to the top of the slabbing on the south side, and then tumbled tbe corpse, legs downward, into the shaft. Had the body descended head foremost, it would almost inevitably have sunk perhaps 400 ft., and never more have been heard of. However, Providence ordained otherwise, and the body lay within view of any chance visitor. Another remarkable fact is, that if the assassin had gone round to the western side of the shaft, where the slabs had been removed, lie could have dislodged the body from its position with his hand. But as it was most likely dark at the time, or the moon had not risen sufficiently to enable h'ni to discover the resting-place of the corpse, lie must have fled from the spot like another Cain, without being aware that lie had left behind him the most damning evidence of bis guilt. Had the murderer, whoever lie may lie, missed his aim, lie would have atoned for the attempt with his life, for the deceased was a very powerful and very resolute mail. But what could have induced him to visit so out of-the-wav a place after dark ? for the shaft has been deserted for the last eight years, and there has been no mining in the neighbourhood for a long time. Various explanations of the mystery have been offered, but only the confession of the homicide —should it ever be made—can supply the solution. It remains for us but to detail the circumstances that led to the arrest of the supposed murderer, and we will merely remark that if he be not tho real culprit, he is the most unhappy of men. A chain of circumstantial evidence lias been wound around him from which it is difficult to see how he can extricate himself. On the murder being reported to the police, and the body being brought in from the saft, the corpse was not at first identified. But when the blood had been washed from the face, Dr M‘Gregor pronounced the remains to be those of Henry Pensom. Detective Foster immediately made enquiries, from which he learned that the prisoner, James Wilkie—who lived in the house of the deceased, was a cousin of his wife’s, and his most intimate companion—had been seen in the company of the victim the evening of the murder. Further investigation satisfied the detective that he was on the right track, and about 1 a.m. on Thursday lie rrrested Wilkie and lodged him in the lock-up. When informed there of the charge, it is said though previously self-possessed, he seemed staggered, and we understand Detective Foster is in a position now to prove the following, among other damaging facts :—That about 5 o’clock on the afternoon of tbe murder (Tuesday) lie was seen firing at the poppet heads of the Fountain Head shaft. That about half-past seven p.m. he left tho house, saying that lie was going to Moore’s Hotel to pay Pensom £l5O for a share in his business. That lie was previously believed to be without means That lie did go to Moore’s Hotel about half-past 7 p.m., and after having a drink together they left the place, and were seen going up in I’aglan-street in a direction that would enable them to reach Howe’s paddock or Wombat-park. That about 9 p.m. Wilkie returned to Pensom’s alone, heated and excited, and with his clothes very much soiled, saying that he had had a scuffle with a girl on Wombat-hill while attempting to kiss her. Then lie left again at 10 a.m., and came home after midnight very drunk. That he said lie did not know what had become of “ Harry.” That Mrs Pensom found a revolver in bis pocket which lie carried about him, and with which he said lie had been shooting magpies ; while tiie little ball taken from the head of the murdered man exactly fits tlie barrel of this pistol. That about midday on Wednesday he showed Mrs Pensom the purse of her husband, and said the latter had made him a present of it. And that on that day lie not only asked several people what had become of deceased, but assigned different reasons for bis disappearance. We refrain, however, in justice to the prisoner, from giving other information in our possession, but enough has been said to prove that he is either a victim of circumstances, or one of tho coolest and most diabolical wretches in the criminal calendar. Supposing him to have committed the crime, he must have selected tbe grave, decoyed his friend to his tomb, and after shooting him like a dog, have hurled him, as lie believed, to oblivion. Before we conclude, we must pay a tribute to tbe zeal and sagacity of Detective Forster, who has displayed unwearied energy in getting up the case against the accused.

Monday, March 4.

The coroner’s inquest upon the murdered man, Henry Pensoni, adjourned from Thursday, was resumed this morning at the Court-house. Long before the appointed hour a laree crowd assembled in front, numbering between 600 and 700, and upon the doors being opened, in a few minutes every available space was occupied with anxious spectators. After hearing the evidence, which was very copious, the jury retired ; and after an hour’s deliberation, returned a verdict of wilful murder against the prisoner Jatnes Wilkie, who was connniticd to take his trial at the Castlemaine Circuit Court iu April next.