John Wales alias Watt, and Timothy Pickering, stood for assaulting and putting in bodily fear, Daniel Riley, by presenting a loaded gun at him, and taking from his person one pistol on the 18th February last, near to the Stone-quarry at Bong Bong.

Daniel Riley, sworn - I am a constable at Goulburn; on the 16th of February last, I was proceeding from Lupton's to Keighran's, in company with two other men, on our way we were overtaken by Horn, who was going up as chief constable at Goulburn, it was early in the day.  When within abut a mile or a mile and a half of Keighran's, I observed a man off the road to the  right, I kept my eye on the spot; I took a pistol out of my pocket and cocked it; there was a certain bend in the road; when I came there I perceived three men masked and armed, they were sitting on a dead tree; they came out, when Wales alias Watt, ordered them to present; they did so; I then heard the click of a gun as if snapped; the gun was presented in the direction of Horn; Horn then rode away; Watt said, you may thank last night's blunder or that man would not have escaped, as there was no cap on the percussion lock; he asked his comrades if they knew Horn; they answered no; he said, that is the b-- who shot the man at Parramatta the other day, and that he should not escape; they stood a few minutes and I said, my lads what do you want?  Watt said, they must have my pistol; I said, I suppose you must have it, they bid me reverse it and hand it to them; Pickering took it; Watt then ordered the two men who were with me to give up their money; they did so; I then asked if they were done with us now?  Watt asked where we had been too, he supposed we had been all to Campbell Town swearing men's lives away; I said we had been upon our own business; when in the act of going, I said to Watt, you are armed to the teeth, that they had more than they could make use of, would they give me back the pistol, and if they were doubtful of me they might either draw the charge or fire it off, as I had borrowed it and did not wish to go home without it; Watt told us to go away; we then went on to Keighran's, when three of the mounted police came up, commanded by Sergeant Quigley; we started off immediately in pursuit of them, accompanied by some native boys; when we came to the spot we set the boys on to trace them; they tracked them for about seven miles when the blacks discovered them in the bed of the Cowpasture river; Sergeant Quigley was on one side and the remainder on the other; the sergeant ordered us to come round to where he was; the bushrangers kept running among the rocks; several shots were fired; one of the bushrangers (John Carpenter) was shot dead; Watt was shot through the  leg we could not have taken them without fireing [sic]; we then returned to the place where we first saw them, and found there a quantity of fire arms, amongst which was my pistol; (pistol produced) that is my pistol.

Cross-examined by Watt - You are one of the party that came out of the bush to me; can distinctly swear to both of you; besides the fire arms we found some shirts, tea, sugar, rum, and a watch.

John Horn, Chief Constable at Goulburn - On the morning of the 16th February, I overtook Riley, accompanied by two others a few mils from Lupton's I saw there three men by the side of the road all armed; one of the men was Watt; I knew him in a gang at Parramatta; he shifted his mask so that he might see fair, and cocked both locks of his gun, presented and fired at me, both barrels missed fire; I then galloped back to Lupton's where there was some of the mounted police; when we returned we found that Quigley and his party had them in custody.

Cross examined by Watt - I believe that you were laying in Bargo Brush for the purpose of shooting me.

 Serjeant Quigley - On the 16th February, I and two other of the mounted police accompanied Riley in search of some bushrangers; we came up with them at the Cowpasture River; I divided them into two parties, and gave orders to take them if possible without firing, but to take them and let none escape; I saw Pickering unload his blunderbuss and reload it; I called on the prisoner Watt to stop, but he would not; I fired and he fell; one of the blacks came round; I told him I had shot one of the men, and pointed out the spot; Riley called on another one several times to surrender; I desired Riley to fire; he did so, but the man went on; I called to Riley to fire again; he did and the man fell dead; we then came back to where the bushrangers had been first seen, and found 1 double barrelled gun, 1 blunderbuss, 1 fowling piece, 4 pistols, some ball cartridge, with a bullet mould, some powder, a watch, and other things.

Dr. Read identified the double barrelled gun as being his property.  It was taken from him under the following circumstances.  He was going up the country the latter end of November last, in company with his brother in law; when near to Cutter's, where they intended to stop for the night, two men came up, both masked, and ordered them to stop.  They robbed us of that gun and about £23 in money; we did not see the men until they cocked their guns at our head; we made no resistance; they gave me back 8 half crowns, saying that would pay my way; I said they had better leave the gun, as I was sure to identify it where ever I saw it, but they would not.

This closed the case for the prosecution.

Prisoners said nothing in their defence, nor did they call any witnesses.

The Chief Justice then went carefully through the whole of the evidence, and left it to the jury to say whether the pistol had actually been taken from Riley by the prisoners in the manner charged in the information.  The Jury without leaving the box found both prisoners Guilty.

Mr. Therry, who acted as public prosecutor in the case, then rose and said - That with respect to the prisoner Watt, he had been given to understand there were ten other cases of highway robbery against him, and one of house breaking.  But having obtained a conviction in this case, he did not consider it worth while to go on with any of the others.  There was no other case against Pickering.  He would therefore pray that judgment might be passed upon the prisoners.

This was the first case decided after the departure of Forbes C.J.  Dowling was made Acting Chief Justice, Kinchela was made Acting Puisne Justice, and Burton J. continued in office.  Plunkett was made acting Attorney General, in the absence of Kinchela: Sydney Herald, 5 May 1836; Sydney Gazette, 3 May 1836; Australian, 6 May 1836; Historical Records of Australia, Series 1, Vol. 18, pp 376-378.  Kinchela subsequently sought appointment as a permanent, fourth judge, as an equity judge: Bourke to Glenelg, 9 September 1836, Historical Records of Australia, Series 1, Vol. 18, pp 528-529.  Bourke later recommended him for appointment to judicial office in Van Diemen's Land: Bourke to Glenelg, 2 December 1836, Historical Records of Australia, Series 1, Vol. 18, p. 609.