[bushranging - murder – accessories before the fact – putting in bodily fear - Epping Forest - robbery - Royal Oak - capital punishment]

The ATTORNEY-GENERAL opened the case for the prosecution, by stating that the prisoners at the bar stood charged with aiding and abetting in the murder of Robert Morley. He felt it almost unnecessary to call upon so highly intelligent and respectable a jury to banish from their minds anything which they might have heard in the shape of rumours, prejudicial to the prisoners at the bar; who, Indeed, if there should be any doubt of their guilt on the minds of the jury would be entitled to the benefit arising from that doubt. The learned gentleman then proceeded to observe, that in the prosecution of this duty, he should call witnesses who would prove that the prisoners, accompanied by Palmer, reached Thornell’s house, the “Bald-faced Stag”, at Epping Forest, about 10 o’clock on the night of the 12th of April last, that the landlord was sitting in the tap with Morley; that Thornell made his escape out of the house, and did not return until the prisoners had gone; all the prisoners had partaken freely of spirits; that Morley had remonstrated with them respecting the taking off a pair of handcuffs from a man who was much intoxicated; that Palmer had desired him to be quiet; and that Morley replied -- “that he had seen such men as they were, and that they were not the men they pretended to be,” or words to that effect, when Palmer immediately fired a pistol and shot him through the head. If then the jury were satisfied of these facts, and that the prisoners at the bar were present aiding and abetting in any way, there could then be no doubt that they were in law, guilty of murder.

William Thornell. -- Lives at Epping Forest; keeps an inn there; recollects the 12th of April last; about ten minutes before 10 two men came into his place, one went through the passage into the kitchen; the other came into the tap-room to him; one presented a piece at him, and told him to stand; Robert Morley was with him in the tap at the time; he, Thornell, made away into the bar; the man came after him; he shut the door, the man ordered him to open it; he said he would not; he, Thornell, then made his way from the bar into the store, and thence out of the house into the road, and ran away about 300 yards; whilst he was running away about 20 yards from the house, he heard a piece go off; the piece was discharged from the back of the house; he was away about ten minutes or a quarter of an hour, and returned with two more men; he did not go within 120 yards of the house, because they fired at him; he heard a piece go off, and the ball whistled over his head; he stopped about the place until they went away; about two hours; he had left Morley standing up in the tap-room; he found him on his return shot dead, sitting on the sofa. A ball had gone through his head, entering on the left side, and coming out at his right ear; there was a deal of blood under the sofa; he had known Robert Morley three or four years; cannot swear positively, but thinks it was Regan that came into the tap to him; not a moment elapsed from the time of the men’s coming in to his escaping from the house.

Cross-examined by MR. STEWART. -- Does not swear that Regan was the man; does not know whether he was standing or sitting, when the man entered; was about six feet from the bar door at the time; the man might have shot him then, and might have opened the bar door, which was only shut to; the man did not follow him; it was a moonlight night.

By Mr. Stewart. -- Saw the flash of a piece from his back premises; did not see any figure; was in the lagoon; the men might have seen them coming across the lagoon.

Robert Lews. -- I am a stone-mason; was living at Thornell’s at the time the bushrangers came there on the 12th May. (No ingenuity of questioning on the part of the learned counsel could make this witness understand that he meant the 12th of April, but the point was immaterial, as it was amply demonstrated otherwise.) I went to bed about half-past nine; was called up by a bushranger; he ordered me to rise from my bed; he told me to come to the kitchen; he said, “You’re Paddy Flinn, a constable, I’ll shoot you.” Greenbank was leaning against the wall, and said “No, it is not Flinn, you are mistaken in the person;” he (the bushranger) was armed with a pistol and a double-barrelled piece; he marched us into the front tap-room; one bushranger was before us, and another behind; the one before was armed also; upon getting into the tap-room we were ordered to sit upon the sofa, and tied one by one; there was another armed man in the tap-room; Morley was in the tap room, and Gunter, to the best of my recollection; Greenbank was also with us, Charles Bennett, and James Smith; the bushrangers did not remain in the room all the time; we were all tied by Alexander Ram; he was ordered to do so, by the bushrangers; one went to the bar, the others stood over us protecting us; one of the bushrangers brought in some spirits; I drank a little, Morley, Gunter, Smith and Greenbank, also; Greenbank left the room with one of the bushrangers, to go to the stable; he was absent about 10 minutes; when he returned one bushranger was in the bar; one bushranger came back with Greenbank; Gunter was sitting handcuffed with a knapsack on his back; he was much toxicated; Morley observed that Gunter was very sick and that he would be smothered if they did not take off the handcuffs; two bushrangers at that time were in the room; Regan went to the bushranger at the bar, and asked for the key of the handcuffs; he came out and found the key; Morley said, “why don’t you take the handcuffs off this man before he is smothered; Morley kept aggravating him about the handcuffs, he could not see that they had been taken off, because his head was hanging down; the bushranger told Morley to hold his tongue, or he would shoot him; Morley said, “I have seen such men as you before to-day, you are not what you pretend to be; the tallest of the men then levelled a pistol at Morley’s head, and shot him; Morley could not see because his head was down level with the table; the ball went in at the crown of his head, and came out at the side; he gradually lifted up his head, fell back, and died instantly; there were three armed men in the room at the time; they all presented their arms, and said that if any man stirred they would serve us all alike; since that time I have not seen the man who shot Morley; the bushrangers had black faces; the man by whom I was called up, was the man that shot Morley; I suspect one of the prisoners at the bar was one of the men present; as far as I can identify him from his general appearance, and shape of his nose, I believe him to be the man; he was the one that stood sentry over them all the time, and was able to take some notice of him; he spoke once, but I did not mind him.

Cross-examined by MR. STEWART. -- I believe him to be one from what I recollect, but am not positive in consequence of the change in their appearance; he brought the weapon with which Morley was shot from the bar; the bushranger laid the pistol the table while unlocking the handcuffs; one was standing at the end, and the other at the head of the table; one was about two feet from the bushranger who shot Morley; the tall bushranger was not apparently intoxicated; he was very angry at Morley taking so much upon himself he threatened Morley twice before he shot him. I was facing them at the time; I saw the bushranger snatch up the pistol and shoot him instantly; one of the bushrangers present might have prevented it.

By the Judge. -- I was two hours in the tap-room with the bushrangers; Gunter was backward and forward very often into the bar; one was sent outside, in the passage; they took away some flour, meat, and spirits; there was always one candle in the room; s (hiRegan’s) [sic] whiskers were dark; he has no whiskers now; Morley might have spoken more than twice about the handcuffs; Morley’s hands were tied behind him when he was shot.

Captain Forth. -- I recollect the inquest held upon the body of Morley; it was about a month after that I held an inquest on Palmer; I saw that body examined by Greenbank. I sent for him purposely; I knew the body to be that of Thomas Palmer, the moment I saw it.

Edward Greenbank. -- I was living at Thornell’s in April last and had charge of the stables; I was in the kitchen about 10 o’clock when a man came in with his face blackened and a double barrelled piece; he and two more told me to stand, and turn ourselves round with our faces tot he wall and to kneel down; we did so; the bushrangers went to another door and asked who was in there; one asked for a light and went to the table and took one; I saw him taking a pistol out of his pocket; he told Rose to get up or he would blow the roof of his head off; Rose got up and came into the kitchen; the man presented his piece at him; and said your name’s Paddy Flinn; I then jumped up and told him it was not Flinn; he told him to walk out into the tap-room; in turning the door to go out I saw another man armed with his face black; there was Morley and a blacksmith in the tap-room when we got in; we were all ordered to sit down on a sofa; one said to the other two, there is a man gone in here, meaning the bar; the other said fetch him out; the one that came into the kitchen first, said give me a light and I’ll fetch the b-----r out; he took a light from the table and went in; he came out, and said, he is not there, and asked for an axe; a little boy was ordered to go and fetch one; he could not find it, and Morley was ordered to go and find one; he brought in a tomahawk; at this time the third man had gone out; he returned with a man named Ram, a brickmaker; one of the bushrangers said who he was; Ram told him he was a brickmaker; Ram was ordered to tie all our hands; we was to take each man’s neckerchief off to do so, and he was told if he did not tie us all secure, he must look out; he ordered the man to let them have plenty to drink; rum, brandy, and gin, were put on the table; they ordered the boy to serve the men with the liquor; I heard a great deal of knocking in the bar, and I heard a piece go off about a quarter of an hour after they had been in the house; one of them went inside; there was a piece fired off previously in the passage; they asked who had charge of the stable; they wanted a horse; some one answered it was Greenbank; they asked how many horses I had; I told them seven or eight; after some talking and hesitation they said they would chance taking them; I went out accompanied by one of the men; I heard a piece fired; the bushrangers said when I went back, I was not to be alarmed, that one of my mates was shot; I found the same persons in the tap-room that I had left; a man named Gunter was handcuffed, with a knapsack on his back, much intoxicated, and sick; Morley asked for him to be unhandcuffed, or he would be smothered; the third man asked if the one in the bar had got the keys; he said he had, and came out; he was along time before he could find the keys, and Morley kept repeating that they were no men if they did not take off the handcuffs; Morley was much intoxicated; the bushrangers took off the handcuffs and Morley kept repeating the words; the man who took off the handcuffs presented a horse pistol and said he would blow the roof off his head, if he had not less to say, that he had had a good deal of his jaw; Morley at the time hung his head down being intoxicated, and said, “you are not the men you pretend to be, I’ve seen such men as you before to-day; the bushranger presented a pistol at his head and fired; the three men then presented their double barrelled pieces at us and said “the first that stirs we’ll serve the same;” they remained about 20- minutes after Morley was shot; from the time of their first coming in to their departure was about two hours; I have since seen the body of one of the men who was there that night; his name was Palmer; he was the first that came into the kitchen; he was in the bar; and came out from thence and shot Robert Morley; I have since seen his companions; I see them now in court; Atterall is the second man I saw, who went out of the house, with us when I heard the shot fired; Regan stopped in the tap-room, and kept charge of the men there; I have seen Atterall before that night; at Mr. Thornell’s three weeks before; I have never seen Regan to my knowledge before; I had seen Palmer before.

By the Judge. -- I had seen Palmer in Campbell town four or five times before; 18 or 20 months before the murder.

Cross-examined. -- I did not recognise Palmer at Thornell’s; I know him by his countenance well when I came to see him a second time; his face was blackened; when I saw him dead I recognised him as the man I saw at Campbell town and at Mr. Thornell’s, I had seen one of the two prisoners once before that time; their faces were blackened; I knew Atterall to be the same man I had seen before; at the time Morley was shot the other two had their guns in their hands; I had my eyes upon all three; when Morley was shot the bushrangers appeared to be very cool; I saw him raise the pistol before he fired; he pulled the trigger soon after he raised the pistol; not so quick but that a person might have prevented him, I myself thought that he intended to shoot him, for he said he was not the first man that he had shot; Regan said there was no occasion for that; he said he would sooner have given £100 than that he should have been shot.

By the Judge. -- When I saw him (Palmer) at Thornell’s I did recollect that I had seen him somewhere, but could not call him to mind; Morley had taken about two tumblers of raw spirits; a leaden ball was found on the floor under the sofa where Morley lay the next morning, it was flat on one side; Regan had nothing on, which came over his chin; their faces were blackened all over; I knew Regan again from his peculiar manner, in holding up his head and the appearance of his nose.

James Gunter. -- It is about two miles from Mr. Diprose’s to Thornell’s; in April last I went from Mr. Diprose’s to Thornell’s; I was handcuffed and carried a knapsack to Thornell’s; since that time I have seen the men once, the prisoners at the bar are two of the men; I had seen Atterall before at Mr. Diprose’s; they were all armed; I took notice of the short one (Regan) because he poured two pints of wine down my neck; I recollect Morley being shot; the blood ran won over my face and trousers.

Themus Diprose. -- I live about a mile and a half from Thornell’s; I recollect some armed men coming to my house on the 12th of April last; they were an hour and a half before they left; they took a man named James Gunter with them, from my house; they were disguised, their faces were blackened; I knew one of the men, the tall men George Thomas. (Here Mr. Diprose pointed to Atterall); I knew him by the name of George Thomas he was in my service; I knew him at the time; when I first saw Gunter on the night in question he was sober for all that I knew, but was not so when he left; I think this (Regan) was one; the third man was taller than either of these; they told me to turn my face to the wall, but I did not, I looked them in the face.

Cross-examined. -- I had not heard that one of the men out was named George Thomas.

Here the case for the prosecution closed, when Mr. Stewart addressed the jury in defence of the prisoners, he differed entirely in the position laid down by his learned friend, and contended that the prisoners were not in this case guilty; he proceeded to quote several cases in proof, which in answer to an interrogatory from the Chief Justice, Mr. Stewart stated to be taken from Starkey. The learned gentleman concluded his animated but desultory argument by leaving the case in the hands of the jury, quite satisfied that their verdict would be given in accordance with strict justice.

His Honor summed up evidently, with much pains and considerable minuteness, we regret our inability to follow him through his able exposition of the points of law, as from the very inconvenient situation of the seats appointed for the ‘reporters’ of the press. His Honor’s remarks are generally inaudible, and it is only possible to catch the meaning of detached sentence occasionally.

The Jury after an absence of about twenty minutes returned with a verdict of guilty against both the prisoners.

On Monday, the prisoners George Davis and Anthony Banks were tried in company with Regan and Atterell. The four were indicted for committing a robbery at Mr. Vincent’s Inn, the Royal Oak, in April last, and with putting Mrs. Vincent in bodily fear. Regan pleaded “Guilty,” the others, “Not Guilty”

“The Attorney-General, in opening the case, briefly adverted to the leading points, and stated, that the defence set up for two of the prisoners, Davis and Banks, was, that they were pressed men; this was not a made-up defence, but had been persisted in throughout. It would be, of course, for the Jury to judge how far it was substantiated.

Captain Alexander Mackenzie -- Remembers the morning of the 19th of May, and recollects seeing the three prisoners, Atterell, Davis, and Banks, that morning, at Mr. Romney’s hut; the first who came out, was Davis, the next Banks, and the third Atterell; Davis had a shirt on, and Banks a shirt and a pair of loose trowsers; witness saw Banks searched, and a man, named Buckley, took from him a roll of notes. [A sealed packet was here produced, and identified by Captain Mackenzie, as the notices he received from Buckley, on the morning in question.] A free pardon, and a pistol were, also, found amongst the plunder.

Cross-examined by Mr. Stewart. -- Heard Banks complain of some one having hurt his leg; the expression was applied to his (witness’s) party; witness called upon the party in the hut to surrender, and ordered the pressed men to lie down, and afterwards to come out first; upon that order, Davis came out and surrendered as one of the pressed men; there were several pressed men besides Davis and Banks.

By His Honor. -- Witness also saw Regan that morning, he came last out of the hut.

David Tucker examined. -- Is hut-keeper to Mr. Romney, between Oatlands and Jerusalem; first saw two men advancing, then a man on horseback, then three more men, with knapsacks, and a man behind, armed; the man on horseback was not armed; witness recognizes the prisoners as four of the men that came to the hut. Regan was the first man he saw, Davis was the next, Banks was the man on horseback, and Atterell was the man who walked behind; all but Banks were armed. Before they came to the hut, there was neither gun nor pistol there, nor arms of any kind; they came to the hut about 5 in the afternoon, and about 4 o’clock the next morning, another party came to the hut; the four prisoners were in the hut when the other party came up. A man knocked, and said, “open the door -- I am a constable.”

[Mr. Stewart here objected to any evidence in this place, as to the identity of the prisoners, and the point was waived.]

Banks was lifted off the horse, but witness did not hear him say anything; he sat down for a few minutes, and then lay down on a seat.

Cross-examined by Mr. Stewart. -- As they approached the hut, Regan was ten or twelve paces to the left of Banks, who was rather behind.

Re-examined by the Attorney General. -- When the constable demanded admittance, Davis was in another apartment; Atterell jumped up, and put his hand to the door, saying, “If you are a constable, stop a minute.”

[Mr. Stewart again objected to this course of examination; but His Honor overruled the objection, and the Attorney General proceeded.]

Witness heard a voice from without say, it was Captain Mackenzie’s party, and he (witness) was ordered to open the door. Atterell immediately told witness, if he spoke or stirred he would blow his brains out. By this time, Regan had got up from the sleeping place, and came out with a double-barralled gun. The next time I saw Davis, was on the outside of the hut.

Cross-examined by Mr. Stewart. -- Heard Banks ask Regan in the hut, to spare him. Regan said, “I pay no notice to what you say, as you had enough to do to beg your life off, the other night, when I shot you.” He added, “You thought yourself double cunning to try to get away from us, but I soon sent a ball after you, which stopped you.”

By the Attorney General. -- Banks came on horseback; he was lame; witness thinks he could not walk, without considerable pain. Banks carried no knapsack; did not see that he had arms at any time he was in the hut; witness thought Regan had shot him intentionally, as he wanted to get away; did not hear Banks’s reply; Banks was present, when Regan said he was double-cunning. Davis was armed, with a double-barrelled gun, and a short blunderbuss, with a piece broken off the end.

By His Honor. -- Witness thinks he mentioned the circumstance about “double cunning,” &c. at the Police-office; he is sure he did.

James Buckley examined. -- This witness merely deposed to searching Banks, and taking some notes, which he gave to Captain Mackenzie; in his cross-examination, he corroborated the fact, as to the pressed men being ordered to come out of the hut first.

Matthew Timmins examined. -- Knows the four prisoners: he handcuffed them; searched the hut, and found a watch amongst some straw under the bed; he gave it immediately to Captain Mackenzie; he never looked at it at all; the watch was a silver one, as far as he knew -- the inside might be gold.

[The witness was here threatened by His Honor with committal for impertinence, and was ordered not to receive any expenses.]

Daniel Tucker re-called. -- Regan, Davis, and Banks went into a little room, where there was a bed; it was a wool bed; witness had no watch; but saw one similar to this in Atterell’s possession.

Edward Shannon examined. -- Was at Mr. Stokell’s hut, when Captain Mackenzie came there, on the night of the 9th May; has seen the prisoners before.

[This witness was so intoxicated, as to be unable to proceed with his evidence; he was, therefore, delivered into custody, with directions to be brought up after the trial. The Attorney General observed, that the witness had not been subpoenaed; when His Honor remarked, that he could charge him, on view, for the offence.]

Mr. John Vincent, jun. -- Is the landlord of the Royal Oak Inn, at Green Ponds; recollects four armed men coming on the 10th of May; witness was sitting in the parlour, with Mrs. Vincent, and a little boy, when he heard a noise outside, and then a knock at the front door; the door was opened, and a man sung out, “Stand, or I’ll blow your brains out!” or words to that effect.

The Attorney General. -- My friend, Mr. Stewart, is very anxious to know whether you saw the door opened?

Mr. J. Vincent. -- Does not think he saw the door opened, but could hear that it was opened. The waiter, Thomas Hodge, was driven in before a man, with a double-barrelled piece. Hodge was made to sit down, and witness rising, was told to sit still, or he (the man) would blow a hole through him! Hodge and witness were then tied by a man, he believes, a servant of Mr. Kemp, one Joseph Wells. Regan is the man who presented the piece at witness; a man, armed with a gun, stood at the outer door; believes him to have been Banks, but will not swear so; he had on a dark velveteen shooting coat. When witness and Hodge were tied, they were taken into the tap-room.

[At this moment, the prisoner, Regan, requested permission to retire, which was immediately granted, and he returned in a few minutes.]

When witness went into the tap-room, he found all his servants, with several other persons, tied, and kneeling before the fire-place; an armed man stood as a sentinel at the tap-room door; he had on a short round jacket.

(A plan of the premises was now shown to the witness, in order that he might point out the relative situation of the different rooms.)

Davis was the man who stood as centinel [sic]; witness is quite sure of this -- he held his piece in different positions; a few minutes after witness was tied, Dr. Gorringe was brought in; thinks Regan was the man who brought him in; they began to tie him, but witness was permitted to go away at the time, and did not know whether they finished tying him. He (witness) returned to the parlour, where he found Mrs. Vincent. Regan came into the parlour with Dr. Gorringe; witness was then desired to go into the tap-room, and give the people some drink; he did so, and came back to the parlour where were Mrs. Vincent; and Dr. Gorringe. Davis still stood as sentinel at the tap-room door; Banks remained at the parlour door, most of the time he was in the house, which was about an hour and a half. There were four armed men when they left the house, and they had with them another man or two. After they went, witness missed a sovereign, some silver, and a watch; the watch now produced, is the watch witness lost; but the guard is not his; he missed, also, a pistol; the one now shown to him is the same. Regan asked witness for his arms; he told him he had only a pistol, which was in the bar, and an old gun or two, of no use, in the store. He missed a hat and two waistcoats, which Regan took out of a clothes press; witness saw a fourth man outside, but whether Atterell is that man or nor, he could not say; he was armed; the men’s faces were blackened.

Cross-examined. -- Had never seen either of the prisoners before; their faces were all black, except one, which was daubed; this was Banks; he believed it to be him, but could not swear so; he had heard of the bushrangers being out, had heard, also, of their apprehension, before he was summoned to town; these bushrangers he understood to be the men, who had been to his house; he expected to see, in these men, the persons, who had robbed his house; he should have recognized them from among other persons, if he had not been told this; will swear positively to Regan and Davis, but not to the others; no one could have gone from the front of the house, without the sentinel seeing them; the man placed in front could not command the outer tap-room door, leading into the yard, without going within the palings.

Regan spoke to Davis, about not holding his piece right, and Davis said, “it was right enough -- if not, let them try,” or words to this effect. Regan appeared rather angry; but witness did not hear him threaten Davis.

By His Honor. -- Witness heard Davis tell the men to turn their faces towards the fireplace, but does not know whether Regan was present or not. This was very shortly after Regan spoke to Davis about holding this piece.

Re-examined by Mr. Stewart. -- It is entirely from recollection, that witness now knows the prisoners; he did not know Davis at first, but hearing him speak, he instantly recognized him. He had not heard him speak at the Police-office, till after his examination.

Mrs. Vincent examined. -- Positively recognizes Regan and Banks, as two of the men who came to the house; she opened the door to Regan, who presented a piece, and threatened to shoot her; she then shut the door, and afterwards the waiter went, and half opening the door, argued with the man outside; -- heard a voice say, “open the door, or I’ll blow your brains out!” heard waiter say, “O, nonsense!” The man replied, “Then I’ll fire, by God!” Witness went to the door, pushed the waiter on one side, and throwing the door open, said to him, “Foolish man! go away -- let them come in.” Regan entered, and took away Mr. Vincent and the waiter into the tap-room, leaving an armed man at the parlour door, with orders to watch witness. The man said to witness, “Don’t be alarmed, mistress, we are men, and not cannibals; we want money and liberty -- we are oppressed men, and have had the flesh cut from our backs -- have been half starved -- sent to settlements, and punished undeservedly.” Regan returned very shortly, and told Banks to hold his tongue: he said also, that he had a good mind to cut off the fellow’s ears, who had made such resistance. Witness begged and entreated of them not to shed blood, but to take what they wanted out of the house. Regan promised not to hurt either her husband or herself; witness again begged of him not to hurt any one: -- he said, “If she made any noise, the might do what they otherwise would not think of.” He then asked witness (Mrs. Vincent) to show him where the bed-room was, where they slept? -- witness did so; he asked where the money was kept? -- witness said, they had very little, but she would shew him, and she unlocked a small drawer, in which was some money. Regan said it was all nonsense, there must be more than that, and asked her to shew him where it was; witness shewed him some boxes. Regan then took witness back into the parlour, and left her there, guarded by Banks; he was not very long absent, and on his return, he appeared very much annoyed at something which had happened, but witness could not tell at what; he was holding out threats in great anger; witness then again begged and entreated of him not to hurt any one. He replied, that she seemed to doubt his word -- would she believe him if he went on his knees and swore? She said, yes, she would. He then went on his knees and swore; he asked her if she had no more money, and sent again into the bed-room; witness said, she had no more, and could not give him what she had not got. He said, if he found any more money, he would shoot her, by G--d! When Regan got up from his knees, Banks said, that he, Regan, had done that to Mrs. Vincent, which he, Banks, would not have done to the Governor; and, that if he saw him on his knees to the Governor, he would shoot them both, if he could. Witness went into the bed-room a second time, and opening a drawer, gave Regan a sovereign, and a sixpence, and a note, but he returned the note, saying, he did not want papers. Witness was alarmed, when he said, he would shoot her dead; she having, at the time, more money in the house -- some Bank notes. Regan took a watch, and a hat, and desired her to put up six case bottles of brandy; witness told him, she could not, but if he would untie her husband, he would do it for him. Regan then went away, and returned against with Dr. Gorringe and Mr. Vincent to the parlour. Banks was standing at the door, when Dr. Gorringe entered. Witness went again into the bed-room, accompanied by Regan, who took away two waistcoats, saying he wanted them for two of his men; Mr. Vincent said, “Well, my lad I’ll give you two.” Having obtained some tea and sugar, bread, and cigars, they went way. Banks took up a small book from the table, -- looked at it, and seemed as if he was going to put it in his pocket; witness told him not to take that book away, as it belonged to her father -- but if he wanted books to read, she would give him some; she gave him two. Witness was quite positive that Banks was the man; she recognised him, the moment she saw him; he wore a black velveteen coat that the time.

By His Honor. -- There were between £8 and £9 of money; it was all in silver, and consisted of various coins.

Cross-examined. -- Regan had his face blackened all over, but Banks had only some spots, here and there.

[Mr. Stewart pursued the same course as before, relative to the prisoners being supposed to be the men who were apprehended as bushrangers, eliciting that Mrs. Vincent expected to find in them, the same persons, who had been to her house; but he could not invalidate her evidence, regarding the identity of Banks and Regan, to both of whom she swore positively and distinctly, adding, that she knew their voices in gaol, the moment they spoke, and she told Mr. Champ so.]

John Hurst, John Wesley, and a man named Wells, who had been pressed by the bushrangers, were now examined; and the following will be found to comprize the material points of their evidence. Hurst, who is in the service of Mr. Kemp, was pressed by them at Lovely Banks, and made to carry a knapsack to Mr. Vincent’s; when they came to his hut, their faces were not blackened, but they were blacked before they left; they told the witness not to look at them, as they did not allow it, but he contrived to do so, unobserved by them. In his cross-examination, he stated, that while they were at his hut, he was ordered to fetch some water from a little distance from the house; he was accompanied by Davis, who said to him: “If you fancy your luck, you may now go; but the men are looking out.” Witness thought he meant, he might run away, but if he did, they would shoot him; he did not know, whether Davis meant to offer no obstruction, on the contrary; he supposed, as he had a gun in his hand, he would shoot him. He also stated, that Banks had offered to go with him for the water, but Atterell said, he would not trust him out of his sight.

Wesley also accompanied them to Vincent’s; and, on asking the bushrangers to let him go, Davis said, “you look black now, but I will make you look whiter before I leave.” After they left Vincent’s, Davis said, the next morning, “Now, I am as bad as the rest.” In his cross-examination, he said, that when the bushrangers came to the hut, Davis told him not to be alarmed, as he was a pressed man, like himself, and they would not hurt him.

Hodge, Mr. Vincent’s waiter, was briefly examined, and corroborated his master’s evidence in every essential particular.

This was the case for the prosecution. Mr. Stewart, at some length, and with considerable energy and spirit, addressed the Jury in behalf of Davis and Banks, whom he would show, if his instructions were accurate, that they were actually pressed men, and acting entirely under fear of their lives. He commented strongly upon several parts of the evidence, and called two or three witnesses, from whom, however, nothing was elicited in favour of the prisoners, nor in disproof or invalidation of the evidence for the prosecution.

His Honor briefly, but lucidly, summed up, and the Jury, after retiring about ten minutes, brought in a verdict of Guilty against all the prisoners.”

“On Tuesday morning, the four men, James Regan, James Atterell, George Davis, and Anthony Banks, who were found guilty yesterday of the robbery at Mr. Vincent’s, were brought up at 9 o’clock this morning, to receive sentence. His Honor, the Chief Justice, observed to Banks and Davis, who had alleged that they were pressed, that they ought to have availed themselves of the opportunity of freeing themselves, and of taking the other two, when it was offered to them at Mr. Vincent’s, and when they might have easily effected such purpose. He exhorted the unhappy men to prepare for the worst, holding out no hope of mercy for them in this world. Atterell begged to make one observation; and said, that he hoped Banks and Davis would not suffer, as they were forced by him and Regan, to join them; -- he could not die happy without saying so. Regan acknowledged the justice of his sentence, and made, as on other occasions, a respectful bow to the Court, on leaving it. They were all sentenced to death, but no day is yet fixed for their execution, although it is expected to be some day next week.”

EXECUTION. -- The Penalty of death was paid, yesterday morning, by Atterel, Regan, and Banks, three of the men lately engaged in Bushranging; George Davis, who had also been convicted, and sentence to the same punishment was reprieved on Tuesday morning, on some ground of extenuation. The conduct of the men executed, while on the scaffold, was becoming their situation, and betokened penitent minds. We have the following particulars in the Courier, in reference to them. Atterell was a native of Lewes, in Sussex, his father was a pastry-cook and confectioner. Regan was a native of Leeds, in Yorkshire, born of Irish parents, he was tried and found guilty of stealing from the person, and received sentence of 14 years. When asked of what religion he was -- he answered, “My father was a Catholic -- my mother was a Catholic -- and I should like to die in the same faith.” Anthony Banks was a native youth, born at New Town, and was a remarkably fine handsome looking youth, he was miserably ignorant and uneducated. We believe that he is the first native-born youth, of English parents, that has suffered an ignominious death by the halter. He was a Catholic.

[1] These men are listed as James Regan, James Atterall, William Davis, and Anthony Banks, see AOT SC 41/5. For a discussion of their case, see R.P. Davis, The Tasmanian Gallows: A Study of Capital Punishment, Hobart: Cat and Fiddle Press, 1974, p. 37. See also Tasmanian, 15 June 1838. For an editorial on this case, see True Colonist, 15 June 1838. That newspaper states that Davis was a sailor on board the Brougham, whose actions there led him to be sentenced to hard labour in a road gang.

[2] See also Hobart Town Courier, 15 June 1838. For reports of further bushranging, see Tasmanian, 15 June 1838, page 191; True Colonist, 15 June 1838.