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The Argus, Wed 2 Feb 1859 1  

Tuesday, February 1.
(Before his Honor the Chief Justice and a Jury.)

    Mr Armstrong prosecuted for the Crown.


    James Kelly pleaded not guilty to the commission of the above offence in a stable of Corio-street. Two witnesses distinctly proved the commission of the offence. The prisoner said, in his defence, that the witnesses for the prosecution had robbed him of £8, but he never once attempted to impugn their testimony, or to deny his guilt.

    The jury retired for about an hour and a half, and returned a verdict of guilty with recommendation to mercy, owing to his being partially intoxicated.

    His Honor.—I have, I think, summed up too favourably for the prisoner, but, as he was undefended, I wished no opportunity to be lost of putting his case as favorably [sic] as I could. Prisoner, you have been found guilty of an offence not to be named among Christians, and by law have forfeited your life; but I will not pass sentence of death where I should feel compelled to recommend a commutation of the sentence. I shall, therefore, order death to be recorded against you, leaving the matter in the hands of the Executive. Remove him. 


1  The Argus, Wed 2 Feb 1859, p. 5.