TRIAL OF DUNN, THE BUSHRANGER.

West Coast Times, Issue 149, 10 March 1866, Page 7

TRIAL OF DUNN, THE BUSHRANGER.

(Before his Honor the Chief Justice and a General Jury.) (At the Central Criminal Court, Sydney, Monday, February 19th.) John Dunn was indicted for having, on the 26th January, 18fi5, at Collector, in this colony, murdered Samuel Nelson. Mr Patcrson and Mr M'Devitt were counsej for the prisoner; the SolicitorGeneral prosecuted for the Crown. Mr Paterson said he had been in communication with prisoner's attorney, and had undertaken to watch the case. He had tried to get the assistance of senior counsel, but found all engaged. His Ilonor acknowledged his indebtedness to both gentlemen, and expressed his conviction that the defence would be conducted as ably as the circumstances would admit. Prisoner had pleaded " Not guilty." The counsel for the Crown having stated the case, proceeded to call witnesses. The undermentioned witnesses were examined : — Thomas Kimberley, (publican and storekeeper), Frederick and Henry Nelson (sons of the deceased), James Bull, William Davoren, JamtsM'Kay (farmers), M'llale (who apprehended prisoner), and Dr Ilandford (who made a 22 } ost morten* examination on tho body). In their evidence the following facts were elicited : — On the day in question, the boy Henry Nelson was on his way from Taradale to Collector when he was met by Dunn, who called upon him to stand, searched him, and then took him about 200 yards, where some drays had been stuck-up. Here he joined Ben Hall and Gilbert, all three being upon horseback, each having a revolver and a double-barrelled gun. They broke open some cases, helped themselves to drink, and gave some to other persons who were there. Here they were informed by a woman that the boy was the son of Constable Nelson. Taking the boy with them, they proceeded towards Collector, and on the way came upon James Bull, a farmer, who, with Michael and William Davoren and James M'Kay, his companions, were coming from Millbank. These were ordered to stand, and having been detained and searched, were taken to the nearest public house — Kimberley's Com ' mercial Hotel, at Collector. Before getting to the house, one of them said, " Ben, you had better go on." The three dismounted onposite the inn, and ordered the boy to hold their horses, telling him that if he let one of them go they would blow his brains out. Thomas Kimberley, the landlord, who was at this time sitting in a room a little off the bar, hearing a disturbance outside, rose and proceeded towards the door, when he was met by 0110 of tho armed men, who presented a '• pep-per-box " revolver at his breast. At this man's order, Kimberley was directed to come outside ; he obeyed, was searched, and, with the other persons, was commanded to range up by the wall at the front of the house. Ben Hall nnd Gilbert entered the house — one going upstairs, the other into the store ; Dunn being left outside. Mr Edwards, the clerk of petty sessions, was coming up on horseback, when Dunn, perceiving him, mounted his horse and pursued him, nnd fired upon him. When Dunn returned he said there were constables coming, and exclaimed, v Call Ben Hall down stairs." Hall enme down with two guns in his hand, one of which he gave to Dunn, saying, " You go outside ; you can manage them, Jack." Dunn went away a second time on horseback, but returned, and warned the boy not to let the horses go. He went down to the corner of the fence, which was about twenty-live feet from the side of the house, and bent down, his hand, holding

the gun, being on the ground. He had not been in this position long before Constable Nelson (the only constable in the town) approached by the road from the township, along the fence, armed with a carbine'and fixed bayonet. "When within about ten or twelve yards of the corner where Dunn had placed himself, Dunn jumped up, exclaiming, " Stand, go back ;" almost immediately firing a shot from tl c revolver. Nelson staggered a few paces towards prisoner, who then fired from the gun, and Nelson fell. Frederick Nelson, his son, who had followed his father, was close to the spot just before this happeued and was pursued by Dunn, but managed to escape from him. This occurred about dusk. Dunn then returned to the front of the front of the house, saying, " I've shot one of the b traps, the other has bolted." Hall, who, with Gilbert, had come out of the house, said they had better go and see who it was. Gilbert took Nelson's belt, saying, "It just what I wanted, I've burst mine ;" and Dunn took his carbine. They thcnfetchedalotof things out of the house — boots, clothes, &c, &c. — . packed them upon the horses and made off. Nelson's body was brought to the inn, life being extinct. On the 27th an inquest was held on the body. Dr Ilandford of G6ulbnrn, on a postmortem examination, found a wound on the left side of the face, a ball , ' having entered there and penetrated to the ' I thick muscles of the back of the neck 5 ' ' and another wound, which entered the left . < side of the chest, broke several ribs, lacerated the heart, the wire cartridge turned from its course, eventually embedding . itself in the liver. The immediate cause of death was laceration of the heart. '' Prisoner was identified by all the witnesses \ who were present at the shooting; whilst"/ to Constable M'Hale, by whom he wa's'lVj arrested, prisoner said, "I admit I am, John Dunn, the bushranger ; but I'm. not"" r guilty of the death of Nelson, as I was , \ '. then a hundred miles from Collector, "j ,.[ although the constable had previously., ,■,- made no reference to the death of Nelson. >,• > Mr Patterson addressed the jury for the \ / defence, mainly addressing himself to the' 11 doubts as to the identity of the prisoner.. •' \ The Solicitor-General waived his right • of reply. • ■' • ' His Honor summed up ; and the jury, ' after a deliberation often minutes, returned a verdict of " Guilty." ' „ In pronouncing sentence of death, his,., ■, Honor commented earnestly and eloquently upon the gravity of the crime committed^ "" reverted to others w)rich had led to. pri,t , ; soner's outlawry, and concluded with .anoint exhortation to prisoner as to the way in.' which he should spend the few remaining! '»"• hours that remained to him on earth. •) > Prisoner was removed from the dock ' ' without displaying any noticeable emotion. '" •