Page:ChroniclesofEarlyMelbournevol.2.pdf/207

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THE CHRONICLES OF EARLY MELBOURNE.
683

Mr. William Hinds was charged with shooting at and wounding Mr. David Hurley on the preceding day; Messrs. S. Stephen (Barrister), and J. W . Thurlow (Solicitor), appearing for the prosecution; and Mr. John Duerdin (Solicitor), for the accused. Hurley deposed that, whilst standing near the St. John's Tavern on the afternoon of the 13th, the prisoner discharged a pistol, which wounded him on the left shoulder. O n going into a neighbouring house and taking off his coat, the ball dropped out. Father Geoghegan and Mr. O'Shanassy were standing near witness, who saw Hinds take deliberate aim in the direction of the priest, just before the. discharge. O n cross-examination, he admitted being on friendly terms with Hinds. There were shouting and firing from the hotel, and from the street. Took no part in the row, and saw no stones thrownThe prisoner fired from the middle story, and witness saw him aim from the window at Geoghegan and O'Shanassy. W a s endeavouring to get Geoghegan away from the spot, when the shot was fired; but he saw no flash. Mr. John O'Shanassy was next examined, viz. : " I was in Queen Street yesterday evening, about half-past 3 o'clock, when passing by Messrs. Annand and Smith's corner (Collins and Queen Streets), I met Mr. John Davies, who told m e he believed there would be a riot, as he saw several persons armed round the Pastoral Hotel. H e requested m e to accompany him to the Mayor. I did so, and we met His Worship. W e then proceeded with the Mayor to the Pastoral Hotel. T h e Mayor entered the bar door in m y company. A s we approached there appeared to be great excitement all round. Several persons entered with us, and some endeavoured to keep others out. I saw Mr. Gordon open a door to the hall. W e saw three persons there, one of w h o m was Whittaker. T h e Mayor demanded that certain banners should be brought down from the room. H e was standing at the front door, leading from the hall to the street. Some persons entered, when Whittaker and the landlord prevented some of them from getting upstairs. I then turned round, and saw the Mayor in the street. I followed him, and on going to the centre of the road, a shot wasfiredclose by me. M y back was turned to the house, and I thought at the time that the shot proceeded from that quarter. I saw the Very Rev. Mr. Geoghegan in the middle of the street. I went to him, and requested him to leave the place. W e proceeded to the Si. John's Tavern, when David Hurley came up, and was endeavouring to make Mr. Geoghegan leave the place. Some pistols would not carry so far. I heard Hurley immediately say ' I a m shot.' I saw a m a n dressed in a blue coat thrust his arm through a window of the Pastoral Hotel, andfirea pistol into the crowd. I cannot say if it was the prisoner. I do not recollect having seen him there. I did not see any person fire into the house. I was anxious to get Mr. Geoghegan away, which engrossed a considerable share of m y attention. After I left the house I heard several shots fired in quick succession from the house. M y impression then was, that all the shots were fired from the house." Several other witnesses were examined, and their testimony went to show that shots were discharged from the hotel, and that the prisoner had fired into the street. After the case for the prosecution had closed, the Bench, in reply to a question asked, intimated that the charge would be regarded as one of assault with intent to murder, and they were not disposed to receive any evidence for the defence except an alibi. T h e prisoner was committed for trial, and an application for bail was, in thefirstinstance, refused ; but subsequently it was decided to accept bail in a personal recognizance of .£100, and two sureties of ,£50 each. T h e bail bonds were forthcoming without much delay, and the accused was released. Patrick Buckle, John James, and George Hunter, were next charged with being armed and riotous, and committed for trial, but enlarged on entering into personal recognizances of ,£40, and two sureties in ,£20 each.

A DAY OF TERROR.

This Tuesday, 14th July, 1846, was about the most disquieting day ever passed in Melbourne. T h e morning appeared muffled-up like an invalid inflannel,with a dense fog, and this atmospherical