It appeared that the husband of prosecutrix was an hired servant to Mr. Pendergast, and on the day in question was not at home.  Prosecutrix hearing a noise amongst the fowls, went out to see what was the matter.  In passing the threshold, prisoner came up to her, seized hold and dragged her into the back room of the house, threw her down, and then committed the assault.  Proescutrix frequently called out murder, but no one came to her assistance.  When he was going away he enquired if she would ``come it on him."  When she was free from him she ran to Jackson's farm, and acquainted two servants with what had happened, one of whom accompanied her immediately to the Polic Office, Campbell Town.  Prisoner had lived in the bush close by the house for about a fort night, herding goats, and was allowed to boil his pot of tea at the fire of prosecutrix.

The case having been gone through, His Honor minutely summed up the evidence, and the Jury after a brief consultation, returned a verdict of Guilty.

Mr. Therry having prayed the judgment of the Court, prisoner was asked if he had any thing to say why sentence of death should not be passed upon him.  He merely asserted his innocence.

The Acting Chief Justice adressed him, saying  Prisoner at the bar.  After the verdict of the Jury has pronounced you guilty, a verdict in which I perfectly concur, only one thing now remains for me to do, which is to pass the awful sentence of the law upon you.  It is absolutely necessary - the power, happiness, and security of society require that defenceless and helpless females should be protected from the brutal attacks of those who cannot controul their lustful passion.  I will submit your case to a higher authority.  But at the same time it is my duty to caution you against entertaining any hope of mercy, and to make the best use of the short time allotted to you, in preparing yourself for that awful doom the law awards.  The sentence of the Court is, that you be taken to the place from whence you came, from thence to the place of execution, and may the Lord have mercy on your soul.

Prisoner (quite a young man) was much affected during the passing of the sentence, and left the dock crying bitterly.