Difference between revisions of "Public Record Office Victoria VPRS 5527 Queen v Bentley & Others, October 1854"
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[[File:I05527-p0000-000001-0050-010-003.jpg|800px|thumb|centre|"Queen v James Bentley, Catherine Bentley, William Henry Hance, John Farrell, October 1854, p.3, PROV, VPRS 5527/P0 Unit 1, Item 5]] | [[File:I05527-p0000-000001-0050-010-003.jpg|800px|thumb|centre|"Queen v James Bentley, Catherine Bentley, William Henry Hance, John Farrell, October 1854, p.3, PROV, VPRS 5527/P0 Unit 1, Item 5]] | ||
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| + | scuffle and a blow | ||
| + | Will you swear positively that you saw me last night at your tent | ||
| + | No I will not swear positively but I believe it was Mr & Mrs Bentley I saw & heard I do not know who the other parties were they returned in about 5 minutes after I heard the blow struck and came towards Mr Bentley & in passing our tent they threw down what they had taken up on first passing no horse was passing at the time but about 10 minutes after a horse passed. | ||
| + | Thomas Mooney Sworn states I am watchman at the Eureka Hotel I was on duty last night I heard some men knocking at the door & heard Duncan the Barman speak & one of the men answered “all right” the men then went away there were 2 of them some time afterwards Dr Carr came with the deceased & asked to bring him in to the house I heard no noise between the time when the men made the first noise to when Dr Carr came no one left the house after the men made the disturbance | ||
| + | Peter Martin Sworn states I am a Gold Digger I was in company with Deceased last night October 6th between 12 & 1 o’clock we were coming across the Gully & saw a light in the Eureka Hotel and came to the window intending to get drink but the house was closed & we went away we were not sober I do not know whether Deceased knocked at the door or not we went towards Deceaseds tent & when we had gone about 100 yards we heard a noise behind us Deceased said let us turn back we came back a short way & met a number of men & one woman one of the parties said this is the man who was at the window I was knocked down then I got up almost immediately & ran 30 or 40 yards and then returned and found deceased lying upon the ground I considered him dangerously injured after examining him & went towards the butcher & called him he came and looked at Deceased & then went for Dr. Carr I waited with deceased until the Doctor came | ||
| + | Who were the parties who knocked you down | ||
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[[File:I05527-p0000-000001-0050-010-004.jpg|800px|thumb|centre|"Queen v James Bentley, Catherine Bentley, William Henry Hance, John Farrell, October 1854, p.4, PROV, VPRS 5527/P0 Unit 1, Item 5]] | [[File:I05527-p0000-000001-0050-010-004.jpg|800px|thumb|centre|"Queen v James Bentley, Catherine Bentley, William Henry Hance, John Farrell, October 1854, p.4, PROV, VPRS 5527/P0 Unit 1, Item 5]] | ||
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| + | I do not know but the party consisted of 4 or 5 men & one woman I have known Deceased about 12 months but have never worked with him we were always on good terms I was taken into custody by the Police about 4 o’clock this morning | ||
| + | Mary Ann Harriet Welch Sworn states I live in a tent near where deceased was found last night I was awoke about one o’clock by a noise of men quarrelling & a blow given I looked through the tent I saw a man lying down and another man standing over him who fell on the body of the man lying down & burst into tears before looking out I heard voices of several people but could not recognise them I heard a horse pass about 10 | ||
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[[File:I05527-p0000-000001-0050-010-004v.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.1, PROV, VPRS 5527/P0 Unit 1, Item 5]] | [[File:I05527-p0000-000001-0050-010-004v.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.1, PROV, VPRS 5527/P0 Unit 1, Item 5]] | ||
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| + | R v Bentley & ors. | ||
| + | for Murder of Deposit Peter Martin cautions witness - never said "broke the ?". Broke the window. | ||
| + | Mary Ann Welch& Barnard Welch | ||
| + | Edward John Davy | ||
| + | Michael Welch all four there takes ? laugh | ||
| + | Thomas Mooney identification all ? | ||
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| + | Kicks Standing can - some person ? | ||
| + | Martin had kicked his mate who had any reason a object in defending his house | ||
| + | Forbone allows to kick until it had been proved malice woman. That's the ? ? Those sweeps six to two aggravated the woman | ||
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[[File:I05527-p0000-000001-0050-010-005.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.2, PROV, VPRS 5527/P0 Unit 1, Item 5]] | [[File:I05527-p0000-000001-0050-010-005.jpg|800px|thumb|centre|"Queen v Bentley, October 1854, p.2, PROV, VPRS 5527/P0 Unit 1, Item 5]] | ||
Revision as of 12:42, 8 August 2017
In the Supreme Court of the Colony of Victoria The Queen V James Francis Bentley Catherine Bentley William Henry Hance John Farrell James Francis Bentley Sworn states I am the landlord of the Eureka Hotel about 2 o’clock this morning October 7th I heard a great noise & knocking at the door I enquired what it was & was told that it was some drunken men wanting drink about an hour or ¾ after that we were aroused and told that Dr. Carr wanted to bring a person in who was supposed to be dead the man was brought in & I went & reported the circumstance to the Police. You did not leave your room when first disturbed No not until aroused by Dr. Carr Did you hear any noise between hearing the first disturbance to when Dr. Carr came No Was any one sleeping in the Bar I believe the Barman was Archibald Carmichael Sworn states I am a Digger & have a Butchers shop near the Eureka Hotel I was called upon between one and 2 o’clock last night by the last witness Martin he said he thought Deceased was murdered I went to where deceased was lying I looked at him and said
I thought he was gone Deceased was lying in a smooth open place within 3 yards of a tent and about 6 or 7 yards from the Eureka Hotel. I went for Dr. Carr leaving the last witness with the body no one was there when first arrived on the spot Dr. Carr came back with me & we removed deceased to the Eureka Hotel the door was opened for us at once by two men I do not know William Duncan Sworn states I am Barman at the Eureka Hotel after going to bed last night October the 6th I heard a noise outside & Mr. Bentley called out to know what it was I went to the door that led to the bar to see & found that it was caused by some drunken men who wanted to get in they went away about an hour afterwards Dr Carr came and asked me to bring in Deceased no one left the house or came into it during the time that elapsed between the first disturbance by the drunken men to when Dr Carr came Barnard Welch Sworn states I live within 30 yards of where Deceased was found dead Mr Bentley Mrs Bentley & 3 or 4 other men came last night between 1 & 2 o’clock & stood by the corner of our tent for about 3 minutes & then went on after picking something up which I thought was a spade I do not know which of the party picked it up they went a little way on when I heard a
scuffle and a blow Will you swear positively that you saw me last night at your tent No I will not swear positively but I believe it was Mr & Mrs Bentley I saw & heard I do not know who the other parties were they returned in about 5 minutes after I heard the blow struck and came towards Mr Bentley & in passing our tent they threw down what they had taken up on first passing no horse was passing at the time but about 10 minutes after a horse passed. Thomas Mooney Sworn states I am watchman at the Eureka Hotel I was on duty last night I heard some men knocking at the door & heard Duncan the Barman speak & one of the men answered “all right” the men then went away there were 2 of them some time afterwards Dr Carr came with the deceased & asked to bring him in to the house I heard no noise between the time when the men made the first noise to when Dr Carr came no one left the house after the men made the disturbance Peter Martin Sworn states I am a Gold Digger I was in company with Deceased last night October 6th between 12 & 1 o’clock we were coming across the Gully & saw a light in the Eureka Hotel and came to the window intending to get drink but the house was closed & we went away we were not sober I do not know whether Deceased knocked at the door or not we went towards Deceaseds tent & when we had gone about 100 yards we heard a noise behind us Deceased said let us turn back we came back a short way & met a number of men & one woman one of the parties said this is the man who was at the window I was knocked down then I got up almost immediately & ran 30 or 40 yards and then returned and found deceased lying upon the ground I considered him dangerously injured after examining him & went towards the butcher & called him he came and looked at Deceased & then went for Dr. Carr I waited with deceased until the Doctor came Who were the parties who knocked you down
I do not know but the party consisted of 4 or 5 men & one woman I have known Deceased about 12 months but have never worked with him we were always on good terms I was taken into custody by the Police about 4 o’clock this morning Mary Ann Harriet Welch Sworn states I live in a tent near where deceased was found last night I was awoke about one o’clock by a noise of men quarrelling & a blow given I looked through the tent I saw a man lying down and another man standing over him who fell on the body of the man lying down & burst into tears before looking out I heard voices of several people but could not recognise them I heard a horse pass about 10
R v Bentley & ors. for Murder of Deposit Peter Martin cautions witness - never said "broke the ?". Broke the window. Mary Ann Welch& Barnard Welch Edward John Davy Michael Welch all four there takes ? laugh Thomas Mooney identification all ?
Kicks Standing can - some person ? Martin had kicked his mate who had any reason a object in defending his house Forbone allows to kick until it had been proved malice woman. That's the ? ? Those sweeps six to two aggravated the woman
