CHAPTER XXVIII.
REMARKABLE SUPREME COURT TRIALS—CONTINUED.
SYNOPSIS:— Action against a Crown lands Commissioner, Sprot v. Fyans. —William Dobson, Murder on Board the "Kestrel." —George Brady, Convicted of Robbery. —Murder of Mr. A. Beveridge, Junr. —Libel, Cavenagh v. Boursiquot. —"An Ode to an Esquire." —Murder in Gippsland; Healey, alias "Pretty Boy," Sentenced to Death. —Moor v. Kerr, First Libel Action against the "Argus." —Bribe offered to Crown Prosecutor. —A "Pentonvillian" Murderer. —Moor v. Kerr, Second Libel Action against the "Argus." —St. John v. Fawkner, Libel. —Robbery of the Warrnambool Mail. —O'Shanassy v. Johnstone, Assault on the Racecourse. —Devlin and Jones, Robbing the Portland Mail. —Desailly v. William P————, Horsewhipping. —Moor v. Wilson and another, Third Libel Action against the "Argus." —Wife Murder at Mount Rouse. —Two Unavenged Murders.
Action against a Crown Lands Commissioner.—14the August, 1845.
Sprot v. Fyans.
BEFORE Judge Therry and a special jury. The declaration contained tyvo counts; damages laid at £000. Plea, the general issue. Counsel for plaintiff, Messrs. Cunninghame and Williams; for the defendant, Messrs. Croke and Barry.
The complainant was Mr. Alexander Sprot, a settler in the Portland Bay district, and the defendant Captain Foster Fyans, Commissioner of Crown Lands for the same circuit. In November, 1841, a Mr. Muston had a number of sheep and cattle on a station at Muston's Creek, which he sold to a Mr. Osbrey. The sheep numbered 500, the cattle 50, and part of the run, as agreed upon, was to be given in. In 1842, Osbrey obtained a depasturing license for the slice of land that went with his purchase, and a Mr. Charles Payne purchased the residue of the run. When Payne got into possession, he complained to the Crown Lands Commissioner of certain encroachments of the other, and Osbrey received a letter from the Commissioner intimating that he had no right to any part of the run, that Payne was entitled to the whole, and that he should clear out. A fortnight after a peremptory notice to quit was given, and Osbrey accordingly vacated the place, when Payne's overseer took possession of the empty hut and made things comfortable there. Matters so remained for some months, when Fyans, in the course of an official visitation, called at the place, and, from personal observation, satisfied himself that Osbrey was the rightful owner. He accordingly gave him a certificate authorising the issue of a depasturing license to him. Osbrey remained in possession until January, 1843, when he sold to Sprot, and shortly after the latter went into occupation. Payne went to work again with Fyans—and so effectually, too, that Fyans placed him once more in possession and Sprot had to decamp. This trial lasted five days, and completely fagged everyone connected with it. At length a three-fourths verdict was taken, by which damages were assessed at £200. Some points of law were reserved, and subsequently a new trial was moved for upon seventeen different grounds. The matter did not, however, proceed further, as a compromise was effected. Sprot having gained a verdict, and thereby established the principle he was fighting for relinquished the £200. The Crown afterwards paid the defendant's costs.
A Bush Murder.—20th January, 1846.
Two men, named Thomas Were and Thomas Simpson, were together at Buninyong on the 28th November, 1845. Simpson was the owner of a mare and foal. The men went away in company, and on the 4th December the dead body of Simpson was found in the bush, with the skull smashed in,
