On Thursday, the 11th March last, one Peter Carroll, residing at Shelly’s [Sally’s] Flat, having heard that the body of a man having every appearance of having been murdered, lay in a creek near the Big Hill, he, accompanied by two shepherds proceeded to the spot, and found, as described; the body lay with the face towards the earth, the right arm under the body, the left arm extended, and the feet in a water-hole; a pair of carpet slippers lay near the body, and a piece of paper, purporting to be a receipt for money deposited by John Jones with a man named — —; he then borrowed a horse, rode over to Mr. Assistant Gold Commissioner Miller, who accompanied him to the place, and held an inquiry on the body; after the inquiry witness assisted to inter the body, and, on the 10th of last month, assisted in its exhumation, when it was identified by, one Henry Wright as the body of a man named John Jones; Mr. Miller, William Thomas, and others, besides Henry Wright and witness, were present at the exhumation of the body.
Mr. Thomas Digby Miller, Assistant Gold Commissioner, and a magistrate of the territory, deposed to having, on the 12th, and, by adjournment, on the 13th March, held an inquiry on a body supposed to be that of a man named Jones, produced a paper (the receipt spoken of by Carroll), and a pair of slippers, which were found lying near the body, and a piece of paper purporting to be a memorandum of money paid for the purchase of horses and a dray, and an inventory of goods; also a portion of a figured satin vest, which he caused to be cut from the body for the purpose of identification; the body on the 12th appeared to have been dead about thirty-six hours, so far as he could judge — perhaps a little longer, but he would not pretend to say he was qualified to express an opinion on that point; was present when Dr. Johnson performed a post mortem examination of the body, and now produced a pistol bullet which was then extracted; on the 10th ultimo, was present when the same body was exhumed; it was then only possible to identify the body by the hair and the clothes; Buckley’s Creek by the road is distant 45 miles from Bathurst, but persons acquainted with the bush could reach it by a shorter route; a man named Daniel Wheeler made a deposition at the inquest which induced him to issue his warrant for the apprehension of the prisoner Jones, but Wheeler has since been drowned while crossing a river; Trooper Riley, at the inquest, deposed that he believed the body was that of a person named Hayes, but he (Mr. Miller had seen Hayes alive within the last fortnight; from the appearance of the body he judged death may have taken place about midday of Wednesday, the 10th March; Buckley’s Creek is about a quarter of a mile from the Bathurst and Sofala Road.
Sarah Jendon, residing about 8 miles from Big Hill, deposed that on the evening of Wednesday, the 10th March, the prisoner called at her house for some things he had on a previous occasion left there; he was riding one horse and leading another; he took some, and left others, which he said witness was to deliver to a man named Jones, when he came for them; she did not know Jones, but prisoner said she would know him by his asking for the things; a man named Ben (Wheeler) had previously come for the things, stating that he was in the service of Green, but she refused to deliver them to him; prisoner then had a pistol in his belt; he said that he was going to the Turon that night.
William Thomas, of Tambaroura, deposed that about sundown of the second Wednesday in March (the 10th), he was travelling towards the Turon, and saw the prisoner about 30 yards from the road, emerging from a gully at Buckley’s Creek alone, riding one horse and leading a second; in reply to a question by witness, the prisoner said it was about three miles from that place to the Turon; that was about eight miles from Jendon’s public-house; never saw prisoner again until this day; he knew a man named John Jones, whom he saw alive for the last time at Dirt-hole, about a fortnight after Christmas; on Monday, 10th May, he was present with others, at the exhumation of a body which he identified, by its size and the colour of the hair, as that of Jones; where he saw that body was a distance of perhaps 80 yards from the spot at which, on the 10th March, he for the first time saw the prisoner.
Henry Wright deposed that he knew both John Jones and the prisoner; the last time he saw Jones was in Bathurst, at the time of the races, in the beginning of March this year; was present at the exhumation of a body at Buckley’s Creek on the 10th May, which he identified by the size, the hair, and the clothes, as that of Jones. Dr. T. R. Johnson deposed that on the 13th March he was taken by Mr. Miller to make a post mortem examination of a body at Buckley’s Creek, which appeared to have been dead about three days; he found a gunshot wound on the back of the neck, rather on the left of the spine; probed the wound, found the shot to have passed between the first and second vertebral, into the spinal marrow, and onward to the lower jaw, which was broken; found a bullet lodged beneath the ascending angle; cannot swear that the ball produced is the same, but is very similar; handed it to Mr. Miller; in his opinion death was caused by the wound described, and must have been instantaneous; in his opinion it was impossible that such a wound could have been inflicted by the man himself. Martin Horan, of Bathurst, publican, deposed, after describing the person of Jones, that on the 4th of last March, he (Jones) came to his house, and remained there until the 7th, when he and a boy named Jeffreys went to the Turon, leaving in his (witness) hands the sum of £19, for safe keeping, taking a receipt for it; on Monday the 8th Jones returned, accompanied by the prisoner; and on Tuesday, the 9th, they left his house about midday to proceed, as they said, to Campbell’s River, to return next day; Jones wore a Manila hat, new moleskin trousers, and a dark figured satin vest; never saw Jones again; the next time he saw the prisoner was on the morning of the 12th March, when he said he had been riding all night, was very tired, and would have to go back to Dirt Hole that night; he produced witness’ receipt to Jones for the money deposited with him, and an order for its payment to the prisoner, who said that Jones had been fined for sly-grog selling, towards the payment of which the money was required; about an hour afterwards, prisoner left the house, and witness had not seen him from that day until he saw him in the dock.
There was a large mass other evidence, which went to show that prisoner, on the day he left Horan’s, started from Bathurst with a dray and three horses, which had been kept on the premises of a tailor named Kett, and accompanied by the boy Jeffreys, proceeded to Sydney, arriving on the 16th March; on the 20th the team was disposed of; that he made several diverse statements in reply to inquiries after Jones; and that he left Sydney on the 20th March at least, there was no evidence of his having been seen in Sydney after that date. On the 21st March, Mr. M’Lerie, Superintendent of the Metropolitan Police, received information of the murder of Jones or Hayes (it was then considered uncertain which was the name of deceased) on the road from Tambaroura to Sofala, by a man named Green; from inquiries he instituted, he subsequently ascertained that a man answering the description of Green had left Sydney for the Braidwood diggings, which induced him to send one of the Sydney detective force in search of him, the result of which was that on the 14th May he was brought into town and lodged in safe custody.
Great delay, and many remands, were rendered unavoidable by the difficulty of finding witnesses at the diggings, so that it was not until yesterday that the prisoner was finally committed to gaol, to await his trial for the willful murder of John Jones. Mr. W. Roberts attended to watch the case, and cross-examined the witnesses on behalf of the prisoner.
[The Sydney Morning Herald… Thursday 17 June 1852, page 3. ]
SUPREME COURT.—TUESDAY. CRIMINAL JURISDICTION. Before Mr. Justice Therry. MURDER. Francis Thomas Green, alias Francis Thomas Brown, was indicted for having at Buckley’s Creek, on the 10th of March last, assaulted and willfully murdered one John Jones, otherwise called “the Tinker,” by shooting him with a pistol, and thereby inflicting a wound on the back of the neck, whereof the said John Jones instantly died.
The prisoner was defended by Mr. Holroyd. The SOLICITOR GENERAL, after having opened the case by an outline of the evidence as he expected it would be given, proceeded to call Mr. John M’Lerie, Superintendent of the Sydney Police, who proved that in consequence of some information which he had received he took certain measures for the apprehension of the prisoner, but what these measures were did not precisely appear, as the statements of them were inadmissible in evidence. It appeared, however, that a constable of the detective police had been despatched by Mr. M’Lerie to Braidwood, and that some time after the return of this officer the prisoner himself came down in custody. On being placed in the dock at the Police Office, he answered to the name of Frank Green,
Peter Carroll, labourer, proved that in consequence of some information from an aboriginal native he went on the 11th of March to a small watercourse near Buckley’s Creek, where he discovered the body of a man; it was lying on its right side, with the right arm under, and the left arm extended; the face was towards the ground, so that part of it only was visible; his dress was a blue serge shirt with a flowered satin waist coat, white moleskin trousers, which, although clean, did not appear to be new and long white stockings; a pair of carpet shippers were lying in a water-hole near deceased’s feet; a Manila or Panama hat was also lying near; the body was that of an ordinary sized man, with brown curly hair and large moustaches; Mr. Miller afterwards saw the same body, but witness did not touch it, although he looked at it attentively; there was a paper lying near; on the day after discovering the body witness reported the fact to Mr. Miller, who came there on the day after; the inquest was held on the next day, two days after the discovery of the body; the impression on the mind of witness when he discovered the body was that life had been extinct for about a day or a day and a half; at the inquest something was said about its being the body of one Hayes; it was then buried, but afterwards exhumed for further examination; as a considerable time had elapsed the body by this time was in an advanced state of decay, and the features were not distinguishable. Witness recognised, from a bundle of papers produced by the Solicitor General the one which he had seen near the body. This was some account as to a dray and horses, bearing no signature. Witness also identified a piece of figured satin, which was produced, as being part of the waistcoat, and a pair of carpet slippers resembled, he said, those which were found in the water; some other papers were found by the aborigine under a log, a little higher up the Creek, which they give to Mr. Miller.
By the COURT: There was no appearance on the ground of any scuffle having taken place. There was blood upon the sand, about two yards from where the body lay, but upon the other side of the water, the belief of witness was that the body had been cast where he found it.
Cross examined by Mr. Holroyd: The place where the body was found was not more than 70 or 80 roods from the road between Sofala and Dirthole Creek, but it was divided by ridge from that road: the gully itself was occasionally used as a bridle path between Park’s store and the table land, and any one travelling for that purpose must have passed close to the body; there was likewise a camping ground close at hand; could not be positive as to how long the man had been dead; did not believe that decomposition had commenced as there was no offensive smell.
Mr. Thomas Miller, assistant gold commissioner and magistrate, stationed at Tambaroura, confirmed the testimony of the last witness in its leading features. As to the position and aspect of the body, and its dress, &c., the description, of this witness was more minute than that of Carroll, as he had taken more careful observation. The trousers, he said, were apparently new; the man’s hair was of a very dark auburn, but the whiskers and moustaches were decidedly sandy; witness had to ride, himself, to Sofala to procure the attendance of a surgeon at the inquest, and he procured the attendance of Dr. T. R. Johnson; He saw the latter make a post mortem examination; there being a wound in the neck, Dr. Johnson, to trace the wound more effectually, removed the upper part of the skull, and found a small ball, scarcely larger than a swan drop, lodged in the opposite jaw; witness identified several papers, and a piece of comb, as having been found near the body; the long stockings attracted the attention of witness particularly, as such articles of dress were seldom worn by persons of this class, unless they were in the habit also of wearing knee breeches; at the inquest, the body was identified on oath by a trooper named Riley, who had since left the police, as that of a man named Hayes, and it was then buried, two months elapsing before it was exhumed; a man named Wheeler, who gave information on oath before witness, after the inquest, about 16th of March, had soon afterwards been drowned; remembered the prisoner, having issued a trader’s license to him in February or March.
In reply to questions from the prisoner’s counsel Mr. Miller stated, that Riley had sworn positively to the body being that of Hayes, stating that he knew the man, and had been in his company shortly before. The body was then in such a state as that features could be clearly distinguished and a man who knew deceased could readily have identified him. Witness issued a summons for sly grog-selling about the 4th or 6th of March against Jones and Green; there was also one against Wheeler. There was some doubt as to who served the liquor, but a conviction was subsequently had against Wheeler.
In reply to questions from his HONOR, witness stated, that he had since this repeatedly seen Hayes, who was at present a public-house keeper, near witness’s own residence. Hayes was a man so different in appearance from the deceased that witness would never have mistaken one for the other. The affidavits of Wheeler convinced witness that the body could not have been that of Hayes, yet he omitted to have the body exhumed and stripped, &c., The positive swearing of Riley as to the identity of the body had put him off his guard in the first instance, and had made him not near as minute and particular as he would otherwise have been. Riley had left the police before witness knew that the body found could not have been that of Hayes. Riley was charged with having had some connection with a robbery.
Mr. Thomas Revel Johnson, surgeon, practicing at Sofala, had made a post mortem examination of the body. There was a slight abrasion of the skin over the brow, but witness, could not say whether this had occurred before or after death; there was a wound on the neck, at the top of the Spinal column, and the ball had passed through and lodged on the lower jaw. The wound must have been instantly fatal; was inclined at the time to believe that the body was that of Hayes, but had since seen the latter alive. The wound was not such a wound as deceased would have been likely to inflict himself.
William Thomas, a gold digger at Tambaroura, had known Jones and the prisoner; the former was a grog seller, and the latter, he believed, was a digger. Saw prisoner on ‘the 10th of March asked prisoner how far it was to the Turon, and he replied three miles; prisoner was, riding one horse and leading another; it was from 80 to 100 rods from where the body was found that witness met prisoner; he might, by the road he was coming, have been coming from the Turon; saw the body exhumed on the 10th of May; the size of the body and the hair bore a resemblance to the size and hair of Jones, but decomposition was so far advanced, that features, &c, could not be distinguished; a hat which was there resembled that of Jones ; had seen Jones wearing carpet slippers, and believe he used also to wear knee breeches and gaiters; had last seen Jones alive two or three days after Christmas; had no doubt that the body was that of Jones; the hair of the latter was very remarkable.
By Mr. HOLROYD: The hair was a dark sandy colour-the whiskers and moustaches being lighter; prisoner was very, hairy about the face when witness met him on the road; he was about thirty yards from the road; neither he nor witness stopped; could not say whether he had hair upon his upper lip or not, but believed he had; witness had an elderly man with him when he met prisoner, but did not know the man, who was only a person he had casually met with; the creek where the body was found could not be seen from the spot where witness met the prisoner.
By the COURT: Had known the prisoner before; did not call him by his name, not recognising him fully until after having spoken to him; had no doubt as to prisoner’s identity.
Henry Wright, also a gold digger at Tambaroura, knew both prisoner and deceased; went with Thomas when the body was exhumed; the hair resembled that of Jones, and the size of the body also corresponded; had seen him with breeches, gaiters, and carpet slippers; believed the body to be that of Jones. Had seen Jones about Bathurst races time, in March, at the Bald Hill Creek. He was a partner with Green in a store there. This was after he had been to Sydney ; for nine months before Jones had been between the Turon and Dirt Hole Creek. Green had moustaches, and a good deal of hair about his chin when witness saw him at Bald Hill Creek. Jones and Green were summoned for sly grog selling somewhere about the time of the Bathurst race.
Mrs. Ann Wheeler, widow of — Wheeler who was drowned on the 21st of March, knew both prisoner and deceased. Her husband was formerly in the employment of both. Understood they were not in partnership, but had some business together; they came up to Bald Hill Creek, Tambaroura, before the Bathurst races; they brought up spirits and other things; something passed between them there about money; Green gave some threats in anger, but not in the presence of Jones; Green said “he (Jones) was a rascal, and he (Green) would settle him, adding that “he thought no more of shooting a man than of eating his breakfast, he had shot many, and had drank blood afterwards;” prisoner was much in liquor at the time; this occurred while witness and Green were on the dray together; Green had just asked witness whether Jones had drawn any money from the bank at Bathurst, to which witness replied that she did not know; in fact, Jones had promised Green to give him some money at Bathurst for transmission to his wife, but had not kept his promise, and this led to the quarrel having sold all the spirits, &c., at the Bald Hill Creek, Jones started for Bathurst with a boy and a dray for further supplies; he left on a Tuesday; after his departure a fine was inflicted for sly-grog selling, and on the Friday prisoner packed up all the stores that were left and started away; never saw Jones afterwards; never again saw Green at the digging; Jones left about fifteen days before witness’ husband was drowned; when Jonas started for Bathurst he had the money with him which the spirits had been sold for; when prisoner left he said he was going to Bathurst to meet Jones, and he would get the money to pay the fine; nine five gallon kegs of spirits were brought from Sydney, besides two or three cases of gin; six kegs of spirits were left at Dyland’s, at Bathurst, as well as one or two cases of gin. Except these remarks made by Green whilst in liquor had never heard him use any threats; they always appeared, on the contrary, to be good friends; after Jones left, Green was fighting, and his hands and mouth were very much injured; never saw Green wear moustaches; believed she had seen his whiskers meeting beneath the chin, but would not swear. The coat found near the body was positively identified by this witness as one which Jones had with him; she was the more certain upon this point, because it had belonged to herself for two years, and had been given to Jones by her husband; as to the waistcoat, she was not so positive.
Michael Kett, a tailor living at Bathurst, knew prisoner, deceased, and a boy named Jeffries; Jones and the boy called on witness at the time of the Bathurst races, and Jones left three horses with him; on the Sunday they left and on the Monday they returned with Green and with another horse; on the Tuesday they all left, saying they were going to a new digging; saw among other things a pair of small pistols with them; several things were left behind with witness, but not these; Jones was dressed in breeches and garters when he came, and witness saw carpet slippers with him; when he started he had new moleskin trousers on, which he had bought from witness; Jones and Green left on horseback; on one of the horses there was something besides the saddle; there were saddle bags there similar to those produced, but witness did not know whether it was saddle bags the horse bore; saw Jones with a waistcoat of the same pattern as the piece produced. As they were going, Green said, “well he’s a d— rascal, don’t be surprised if I comeback without him.” Jones was not then within hearing, believed the knee breeches produced, were those left by Jones with him (witness) to be repaired, witness never saw Jones again, but two days after they went away, Green came alone. He came between one and two o’clock in the morning. He had two horses with him. He was riding on one horse, and upon the other there was some bulky thing like a saddle, but it was dark, and witness could not distinguish clearly. Witness, when he let prisoner in, asked after Jones, prisoner replied that they had had a quarrel, and that Jones had gone towards Port Phillip; prisoner said that he wanted to get away as soon as possible; he rose early in the morning and went out; at eleven o’clock he came back, put the horses to the dray, and getting the things in he went away; saw a pistol with Green after he came back; the other, Green said, he had given to Jones; prisoner had formerly worked with witness as a tailor; prisoner and the boy started off in the direction of Sydney, and prisoner begged witness not to say that he had gone in this direction.
Besides speaking of Jones as had already been stated, Green complained that Jones had deceived him, having deposited money in the bank, and with one Horan, without his (Green’s) knowledge; he said also, he (Green) “would rob him out of face;” witness, told Green not to do anything he would be sorry for. This was when they first came up, and before they went to Dirt-hole Creek.
By Mr. HOLROYD : Prisoner gave witness an order for £11, in consequence of witness having asked for a loan. The order was paid in Sydney ; Witness never paid him in cash, but in clothes. Witness made three depositions at the Police Office. After having made the two first depositions, Mr. Roberts, prisoner’s attorney, applied to witness to pay this £11; witness replied he did not owe this money. “It was after this that witness made a third deposition, in which he spoke of the conversations. When Mr. Roberts made the demand, witness produced his own set off, which appeared to be only £8 odd; Mr. Roberts asked for a copy of this set off, which witness refused wishing to make out “a full bill” covering the whole £11, as he had afterwards done. Prisoner and deceased appeared always before to have been upon good terms. When prisoner and Jones left, the former had, to the best of witness’s belief, not only a moustache, but hair nearly all over his face; could not swear to this. (The witness subsequently said that, to the best of his belief, prisoner had but little beard at that time.) Prisoner said he must be off very early, because there was some man coming down from the tent in hand-cuffs. William Dyball. knew Jones; remembered, Jones coming to Bathurst at the beginning of the year with the prisoner and Wheeler, with the wife and child of the latter; he left some things with witness, which about the 1st or 2nd of March he fetched away. This was after the Bathurst races; Jones had with him a boy, and since he left on this occasion witness had never again seen him; three kegs only were left with witness to the best of his belief, and two cases of gin; Jones fetched away two kegs and one case, the remaining keg and case were there still.
Mrs. Wheeler recalled: Was quite sure that 6 kegs and some of the cases of gin were left with Dyball, and the latter saw them taken in.
Re-examined: Did not count the kegs until after the report had arisen as to the death of Jones, and then gave information to the magistrates himself; when Jones left, he went to Kett’s place.
Sarah Jendon, wife of Thomas Jendon, commonly called Little Tom, residing half-way between Tambaroura and Buckley’s Creek, (about eight miles from each.) Saw prisoner at her husband’s place on a Wednesday in March; she believed the tenth; it was about seven o’clock p.m., and he came on horseback leading a second horse with saddle and saddle bags. He said he came from the township, (Sofala); he had on the previous Friday week left some tinware and a few other things, which he said belonged to Jones, and which were to be given to the latter; Jones did not call, and prisoner when he came on the Wednesday, took them away. It was a day or two afterwards that witness heard of the body being found; prisoner remained but three-quarters of an hour and left saying that as his mare had cast a foal, he must go back to Sofala the same night; saw nothing peculiar in prisoner’s appearance and manner; prisoner gave, her a receipt for the things which he took away, and this receipt she gave to Mr. Miller; Wheeler carne for the things in the interim, but witness refused to give them to him; prisoner had a pistol with him; he was accustomed to carry one.
Mr. Miller recalled: Identified as the paper he had got from last witness a receipt “for goods left by himself,” signed by prisoner as Frank Green, and dated 10th March.
John McGarratty, formerly employed at a store in Bathurst , proved that Jones had left money with him on one occasion; a receipt was given for this money. When Jones came again for the money, he did not bring the receipt, but witness gave it him without taking a memorandum for his own protection; prisoner was present. [The receipt from this witness was found among the papers near the body, and the inference sought to be drawn, was that the murder must have been committed by some one who knew that it was really useless, or it would have been taken as part of the booty,]
Martin Horan, innkeeper at Bathurst, proved that on the 7th of March Jones left £19 with him, for which witness gave the receipt produced; on the following day saw Jones and prisoner at his house; they had their meals and slept there; Jones asked witness to get a broken dray prop mended; he also asked for a pound out of the money, in the presence of the prisoner, saying ” that will make £18 I leave you;” next day Jones drew £3 more also in presence of prisoner; on the Tuesday they said they were going to the new diggings at Campbells’s River and would return to his place next day; these diggings were in quite a different direction from that of the Turon; witness never saw Jones afterwards, but on Friday, the 12th, Green came there alone; he had his breakfast; afterwards he said he had been riding all night, and had come for the balance of the money to pay a fine for Jones for sly grog selling, and must be back at Dirt Hole Creek that night; he brought the witness his own receipt and an order which he said had been written by himself and approved by Jones, who had attached his mark to it; witness identified the papers produced as the two receipts in question; the one purporting to bear Jones’ mark was handed to the Jury to compare with that given by prisoner to Mrs. Jendon, in order that they might consider whether or not from the appearance of the ink and paper &c., the two documents must not have been written at the same time and torn asunder afterwards; believed prisoner had moustaches, and a good deal of hair about his face when he started with Jones, but was not sure.
Patrick Sullivan, publican at Bathurst , saw Jones last in March last. Green subsequently called there and asked for some paper with which he wrote something, and sealing it with black wax, said it was to be given to Pollard—a man formerly in partnership with Jones. By the instructions of the Commissioner witness gave the letter to Pollard, first sending for a constable.
Thomas Finnerty, constable of the Bathurst police, proved the giving of certain papers produced to Pollard by the last witness, from whom witness received them.
Mr. Horan was recalled, and proved these papers to be in the handwriting of the prisoner. One of these papers was a letter signed Frank Green, requesting Pollard to “send the boy” to Wheeler; the other an authority to Wheeler to receive the goods belonging to Jones and Green, in the possession of Dyball. Thomas Johnson, publican, of Brickfield Hill, Sydney, knew prisoner and deceased; saw them on the 15th of February last, with a team and dray, and a man and woman. Jones had black hair, which was “given to be curly;” he wore breeches and gaiters; believed they took spirits away with them on the dray; had never seen Jones since. Green wrote the paper produced for Jones (it was merely an order to forward letter); Green came to witness’s house on Tuesday evening the 16th of March; the boy Jeffries was with him, and they had the same team and dray as had been there before. The horses, the dray, and the boy, remained there; Green said in reply to some question about Jones said that he was on his way down; subsequently he said he heard that Jones was in town, and afterwards alleged that he had himself seen Jones; adding the latter had his face swelled to a great extent, When the party came to the house of witness, in the first instance Jones acted as master, paying and giving directions. The boy, while at witness’s place, wore the breeches and gaiters formerly belonging to Jones; was sure that prisoner said he had himself seen Jones. Nearly £100, which witness believed was the joint money of Jones and Green, had once been deposited with witness—of this Green drew £20 and Jones having said ” it was all right,” witness concluded they were partners.
Mrs. Coquelin, wife of Joseph Coquelin, landlord of the Cheshire Cheese, near the Haymarket, stated that she knew Jones, (and described his appearance and ordinary dress;) knew prisoner also, and was present at his wedding, about a month before, with a young woman residing at her house; saw prisoner about the 14th or 16th February; saw him again about the 14th of March. The boy brought some things and gave them to prisoner’s wife. There were two kegs of spirits, which witness took in part payment of Mrs. Green’s board and lodging; there were also a pair of saddle bags; prisoner paid witness £17 odd for his wife’s board; prisoner, in reply to a question from witness, said that Jones had gone to Port Phillip; he said also that he was himself going to the same place. (A receipt for £3 10s., the price of the spirits, signed Francis Thomas Green, was identified by the witness and placed in evidence): prisoner’s wife told him in witness’s presence that the police were after him for sly grog selling on the Turon.
Joseph Coquelin, husband of the last witness, proved the finding of the articles in question at his house, and handing them over to the police.
Constable Lawless [i.e.Lawler] proved having received these things from Mr. Coquelin, as well as having obtained some other articles from various places where they had been left by the prisoner. Among the articles contained in a canvass bag, got at Mr. Johnson’s, was a bag of shot, corresponding in size to that found in the head of the deceased on the post mortem examination.
Mr. S. C. Bert proved that on the 19th of March, prisoner came to him and requested to him to sell a horse, dray and harness next day, requesting that there should be a special advertisement, and that he might be paid immediately after the sale, as he was going to Port Phillip, and his vessel was to sail on that or the following day. The horse and dray realised £25 17s 6d, of which sum prisoner received £24 7s. 6d, the commission being deducted.
T. W. Smith, publican: Knew Jones; saw him last at the Turon just before Christmas; he purchased of witness a quantity of wine, spirits, and other articles to the extent of between £32 and £33 in all; had seen two of the kegs of spirits since; saw prisoner about the middle of March, in Sydney. Prisoner said he had left Jones at the diggings, and had come down for a fresh load. There was some further conversation, not material to the issue, as to the quality of the spirits which witness had sold. Witness treated Green and Jones as partners, and made the bill to them jointly. Green paid the money, Jones being present; they appeared on very good terms.
Amelia Smith: Knew prisoner and Jones; had received letters written by prisoner for Jones. Saw prisoner in March, and asked after Jones; prisoner said he was very well; he said he had received a letter which witness had sent, and told witness to think no more of him (Jones) as he was a married man; witness had written this letter on the 1st of March, and posted it, on the 2nd. Heard from Jones at the end of February, and had never heard from him since.
It being now half past nine, the Court adjourned until the following day at ten.
[The Sydney Morning Herald… Thursday 5 August 1852, page 2.]
The trial lasted two days. Francis Thomas Green was convicted of murder and condemned to death. The sentence being carried out on the twenty first of Septemnber, 1852.
This was New South Wales’ last public hanging. [The Sunday Herald, Sydney,… Sunday 26 July 1953, page 13.]