TRIAL OF A YOUNG LADY FOR SHOOTING HER SEDUCER.

Thames Star, Volume VII, Issue 1971, 29 April 1875, Page 2

TRIAL OF A YOUNG LADY FOR SHOOTING HER SEDUCER.

EXTRAOBMNAKY CASE.

The • Melbourne Telegraph condenses the following account of this extraordinar j ■ trial from the Border Post of the 13th '. q£ April:— ,

At the Albury Circuit Court, held on Monday, 1 hoebe Post surrendered to her bail, and pleaded not guilty to an indictment charging her with having, on the Bth. day of January last, at Cookendina, feloniously, unlawfully, and wilfully fired pistol shots at Edward. Wilfred Donnelly, with intent to murder him. There was a second count in the indictment, setting forth that the prisoner intended to do the said Edward Wilfred Donnelly grievous bodily harm. Mr J. L. Purres, of Melboutnt, instructed by Mr Joseph Dwyer, appeared for the prisoner, and for certain reasons, of a medical nature, he requested that His Honor would order his client to be accommodated with a chair during the ordeal of her trial.

Hiß Honor: Oh ; by all means. Miss Post was accordingly accommodated with a chair. She appeared to be an accomplished young la^y, of coaimandiag stature, and about twenty-two years of age. Traces of anxiety were evident on her features, though screened by a long dark lace veil. A younger sister sat beside her to susta'n her h her trying position. Mr Docker, Cro Prosecutor, addressed tho jury. The first count in the indictment amounted to a capital offence, but they (the jury) were bounds hyatheir oaths, his Honor by his obligations, and himself (Mr Docker) by his cqmmissioß, to deal with the case apart from the painful surroundings of the caso. The jury had only to decide on the facts which would be proved in evidence, and though in cases of a similar nature in America it was difficult to find verdicts against ladies similarly situated, yet they must bear in" mind that they were not living in America ; they were governed by British laws, and as British subjects they would deal with the case. The learned counsel went on at some length, and when referring to the parting kits, observed that it was not ths first t;*ue a kiss was a token of betrayal. Patrick Brislan, sworn, said; lam senior constable of police, stationed at tho Ten-mile Creek. I know the prisoner. She resides at Cookendina ■ with her . father, about light miles from Buckagingah station. On the 20th of January I went to tho prisoner's house, and saw her there. I told her 1 desired to Bare some conversation with her. We then went, into a private parlour. I said, i 1 Miss. Post, is it true that you-shot at Mr Donnelly?" She said. "Yes." I asked her for the revolver with which she shot at him. She said it was not ii the house, but after a short time she brought it. I said, " Miss Post, is this the revolver you shot at Mr -Donnelly"with"?'" and she said " Yes." I asked her why she fired at him. She said, "I do not know." I. asked her if she. was sorry, and she, said;" " No, lam not," adding that I»he thought she .would not do so again. . When I asked her why she fired at him she said she would tell me if I would not repeat it. I said, "Miss Post, don't make me the repository of any of your secrets, as I may be placed on my oath, and would havo to disclose them. .-The revolver, produced is the one.handed to me by Miss Post. There were four chambers discharged, and one loaded; I extracted the charge from the loaded chamber, md placed.it iv the accompanying box.Edward Wilfred Donnelly, a young man of good appearance, about twenty? eight year* of age, sworn, and examined by Mr Docker, said he was a squatter. I know the .prisoner for-the past eighteen months. "VV c were on friendly terms on. the Bth of Jani'.iry last. I was travelling; with sheep. I saw the prisoner at her house on that* occasion.. She.asked me where I was going t0... I ; . sajd JLwas goinjj up to the morntains with sheep. She asked me when I would be coming back. I said I did not know. She. said. she was going from home, too, for two or three days. She asked me: if' I - would call coming back. I said I thought I would not have time. That was between II and 12 o'clock. I went back to where the sheep were, and returned again to the prisoner about 12 or half-past 12 o'clock. I met prisoner at the parlour door. It was at the end of the building. She asked me when I would :be coming back again. She asked me whether I would be coming back any more. I said I did not know. Mr Purves: Ob! y Joul«re !ralwayTtalti ~ ing about going away. Witness: She asked me to give her a kiss before I left. I kissed her, and then left. I think that is all the conversation we had. I think I said good-bye as I loft the door. There, was was a photograph on the table. She ' asked me to take il I said I would not, and left it on the table. It was a photo* graph of the prisoner. I don't remember anything else. I don't remember that she made any statement. I have not a clear recollection. Mr Docker: Can you account for why she asked to- be kissed. Mr Purves : Oh! Mr Docker: Did you kiss herein any previous occasions? I -kissed > her on - previous occasions. (Sensation.) Mr Purves : Kissed and told. To Mr Docker: lam not a married man. I hare been thinking some time.about getting married. After I left the door I heard the report of a shot. I was on my horse at the time. Heard the report of three shots. The horse got frightened. When I heard the first report the horse was cantering.away rapidly.- While gallopping away I was struck on the arm. After having received the wound I had it bound up. About a fortnight afterwards, Dr. Hawkins, of Tumbarumba, examined it and treated it. Cross-examined by Mr Purves : Is the account you havo given here to-day a truthful one ? Witness: Yes. Mr Purves : What" do you wish the jury to understand when you say you were on friendly terms with Miss Post ? Witness (hesitatingly): We had no quarrels. Mr Purves: No quarrels I Was there no affectionate language passed? Witness (hesitatingly: No. Mr Purres: You, sir, call yourself a man and an unmarried man, and tell this Court that there was no affectionate language used ? Witness made no reply, and was perspiring. Mr Purves: Define, sir, what you mean by friendship. Witness was still silent. Mr Purves : Define your language, sir. Let us have no equivocation. . Do you understand the English language P Witness silent still. Mr Purves :• Apart from clerical rites, was not your treatment of her as that of man and wife ? Witness i- Yes. Mr Purves: During all this time you were courting another, while you were seducing her ? Witness: Yes. (Sensation.) Mr Purves: Publicly? Witness held down his head. Mr Purves : Did Miss Post know of this ? Are you not the father of the child she is bearing P Witness: I am not certain of that. (Sensation.) Mr Purves: What,, sir, do you wish to throw any dishonorable ■ imputations on her, and further blacken her character ? Witness made no reply. Mr Purves: How many months did this connection last? Witness I don't know. Mr Purves : Do you know that she went" to Sydnty to get admission into the convent: Witness: She said she would go, there. Mr Purves ;.. Did she not tell you that she would not be admitted because she was in the family way? Witness hung down his bead. Mr Parves; When you left her on tho Bth January, what was your reason, .sir, <br coming back on that day ?. Witness hesitated. Mr Purves :• Did you not know that she was alone and unprotected en thai day ? Witness: I knew that she was alone. Mr Purvis: Hare you told us all that took place on that day? Witness: No. Mr Purves: Then when you told the Court that nothing els© took

place on that day, your statement was not true ? Witness : I thought that the c,«versation was only required. Mr Purves: Oh, that's how you want to get out of it. Then you did not tell these twelve gentlemen of the jury all that transpired ? "Witness: No. Witness then made a ■tatement ot what occurred in the parlor. Kobert Martin Shepherd, sworn, said; I am a book-keeper on Mr Donnelly's station. I was at Cookendina on the Bth of January last, about 12 o'clock. I was a distance of about 100 yards from the house. I heard three shots fired. They were fired in rapid succession. I heard them distinctly, and I saw Mr Edward Donnelly riding rapidly away. I saw Phabe Post after I heard the shots. She was standing at the end of the house. I aaw a dark substance in her hand which I could not distinguish, as it was partly covered with her dress. Dr Hawkins, of Tumbarumba, sworn deposed: Know Edward Donnelly. Paw him at Tumbarumba on the 20th or 21st of January last. Examined his arm. It irai funded —the appearance of a gunshot jfpund. It might have been caused otherwise than by a pistol shot. It had passed through, the .skin. I prescribed j for it. The defence, as far as could be gathered from the address made to the jury by Mr Purves, seemed to be that the prosecutor had sought an interview with the prisoner on the occasion in question for an improper purpose^ and that having accomplished Ms object by force the prisoner in resentment had fired the shots. He concluded as follows: Well, when his client found that she was debarred from being his wife; that admission into a relw gieus life was debarred from her; when she found that she was about to bring another creature into the world to share her shame and misery; when she found that he had committed another brutal outrage upon her, every drop of blood in her veins revolted, and she repelled the man who had become so abhorrent 4o her. If we could put her into the box she could tell a different story, and give ' the true complexion as to what passed in that parlour, which Donnelly has endeavoured to concealfrom you. Gentlemen, he (Mr Purves) continued, I have not thrown any, specious glamour about the evidence, nor was it necessary for me to have recourse to any arts of advocacy. You. are on your oaths, and you must arrive at a conclusion according to the evidence. My learned friend has told you that you could b aye your choice of three findings. I say not. It must be a verdict of firing with intent to murder, or an acquittal. Though your finding, gentlemen, might lead to her seclusion, your acquittal will npt restore her to her place in society, or her peace of mind. That man has effected her ruin. That Edward Donnelly has left her and the innocent babe, in her womb outcasts amongst societyi, (Sensation.) . At the.clpsa.of the learned counsel's address there was a spontaneous outburst of applause from all quarters of the building, Which must have contained 500 persons. This applause was suppressed immediately by tht police. His Honor, in an elaborate and painstaking address, summed up, and at its conclusion said there had: been a great deal too many such cases brought before the courts of the colony. ■. . The jury retired. After a space of about ten minutes, during which time the body of the spacious hall of the Courthouse was densely crowded, the jury returned, and a breathless suspense prevailed. . . :.:;.■■.' _„. :•-:.■ - i •.. ■.: ■ : Clerk of Arraigns: ;How say you, gentlemen of the jury, is the prisoner, Phoebe Post, guilty of shooting with attempt to murder■■?.. Foreman: Not guilty. Clerk of Arraigns : So say you all. His Honor (to the Sheriff): Are there any other, charges against the prisoner ? The Sheriff replied in the negative. v His Honor: Let the prisoner be discharged. When the finding of the jury was announced, loud and prolonged cheering greeted the:announcement, which was picked up by the people along the passages and those who were outside the court. Miss Post left the dock with a bound, and was escorted by her sister and friends, amidst much rejoicing, to the Exchange Hotel.'