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Decisions of the Superior Courts of New South Wales, 1788-1899

R v Entwistle, Gahan, Kearney, Gleeson, Dunn and Stephen [1830] NSWSupC 75

murder, Bathurst, bushranging

Supreme Court of New South Wales

Forbes C.J., 30 October 1830

Source: Sydney Gazette, 11 November 1830

 

BATHURST - 30th Oct.

special commission.

(Before His Honor the Chief Justice,

and a Jury of Military Officers.)

Ralph Entwistle, William Gahan, Michael Kerney, Patrick Gleeson, Thomas Dunn, and John Shepherd, were indicted for the wilful murder of John alias James Greenwood, at Bartletts, on the 23rd of September last, by shooting him with a loaded gun or pistol.  The information contained four counts varying the offence to have been committed by some of the prisoners, the others being present, aiding and assisting therein.

It appeared from the evidence of an assigned servant of Mr. Evernden (the police Magistrate at Bathurst), that about the latter end of September a party of armed men, some having muskets, and others pistols, came to the farm of his master at Bartletts, a distance of about 10 miles from Bathurst, where the deceased was eugaged [sic] as overseer; and after desiring all the men upon the farm to turn out and follow them, applied to the deceased and told him that he must accompany them; upon his refusing to do so, the prisoners, most of whom had arms, said, it would be much better for him to go, as they would shoot him if he did not.  He still refused, and told them they were not game enough to shoot, at the same time opening his breast to them.  Upon this the prisoners, Entwistle and Gahan, fired at the deceased immediately after each other.  The deceased put his hands to his breast and called out ``Oh Lord!" and then staggered into the house.  While he was going in at the door, a third shot was fired at him by Michael Kerney, which penetrated his back.  The deceased then laid himself down before the fire, and never spoke.  The whole of the prisoners were identified as being present, by two of the assigned servants of Mr. Evernden, whom they pressed and took with them.  Part of the deceased's cloaths [sic] was found on the persons of some of the prisoners; two shots were received by the deceased about the region of the heart and one in the back.

The evidence of the two assigned servants was confirmed in several circumstances by the testimony of Mr. Everndon and a ticket-of-leave man in his service.

The Jury found all the prisoners guilty, and sentence of death was immediately passed upon them and execution awarded on Tuesday, the 2d of November.[1 ]

 

Notes

[1 ] On the same day at the Bathurst assizes, other members of the same gang were convicted of stealing in a dwelling house.  They, too, were sentenced to death: Sydney Gazette, 11 November 1830.  All the prisoners were executed on 3 November 1830: Sydney Gazette, 13 November 1830.

Published by the Division of Law, Macquarie University