Timothy Lees
 General Notes:
Timothy Lees attempted to commit suicide at Walgett by hanging himself to a tree. He was brought before the court and remanded.
1881 'NEW SOUTH WALES.', The Express and Telegraph (Adelaide, SA : 1867 - 1922), 4 February, p. 3. (SECOND EDITION), viewed 19 May 2018, http://nla.gov.au/nla.news-article207665387
Last night a man named Timothy Lees attempted to commit suicide by hanging himself to the limb of a tree. He was brought before the Bench this morning and remanded.
1881 'TELEGRAPHIC INTELLIGENCE.', The Maitland Mercury and Hunter River General Advertiser (NSW : 1843 - 1893), 5 February, p. 2. (Second Sheet of The Maitland Mercury), viewed 19 May 2018, http://nla.gov.au/nla.news-article815152
SHOOTING WITH INTENT.
Timothy Lees appeared on bail to answer the above charge. The prisoner was defended by Mr. B. A. Hyman. The Crown Prosecutor in putting the case to the jury stated that the prisoner was charged for that at old Walgett, on the 17th January last, the prisoner did feloniously, maliciously, and unlawfully fire a gun at one Vincent Durand, who is a neighbour of the prisoner, and a free selector; and it appeared that some of the prisoner's horses had trespassed on Durand's garden ; and while the Durands were driving these horses off with their dogs, the prisoner came up armed with a gun, and that during the dispute which followed the prisoner fired off the gun, which struck a tree, making an indent resembling that of a bullet or
marble, about level with the elder Durand's head, which was in a line with the gun.
Sub-inspector Wright was called, and gave evidence in support of the above.
Vincent Durand being sworn said: I know the prisoner ; I am a free selector ; I drive stock away from my garden ; the prisoner had six or seven horses which came on to my piece of ground; I remember the 17th January last; the prisoner's horses came on to my selection ; I drove them off across the creek ; my son was with me ; I then went to bed, but hearing another bell I got up and went outside, and saw horses close to my garden fence; I called my sons-Edward and Vincent ; I then heard the prisoner's voice say " Call your dogs off ;" and I said, " Is it you vgabonds driving your horses across he creek on to my ground ;" and e said, " I will make you pay dearly for this in the morning ;" when I got lose to the creek I said, I will how you my authority ; I then saw a flash of the gun straight in front of me, and he hen said " You-, you got it;" I called to my son to run and catch the prisoner, that he had fired at me ; we went across the creek but could not find him ; we hunted about the trees but could not see him ; next morning I saw their tracks ; I was 40 or 50 yards off the gun : I could not see it ; I noticed a bullet mark next day on a tree close to where I saw the flash ; the mark was about six feet four inches ; Mr. Sub-Inspector Wright measured it in my presence ; I was between the tree and the flash ; there was but the one mark ; my sight is not very good ; I have seen bullet marks before on trees, and this mark resembles one.-By Mr. Hyman : I am not an old soldier; I have often driven prisoner's
horses away ; it was off of Miss Glass's selection I drove these horses ; I had authority on the 9th Jany. from Mr. Glass to drive horses off this selection, and on the 11th I exercised it against these horses ; it was not a match ; it was the flash of a gun ; I did not see a gun; I was frightened ; I can't tell how many trees
I looked behind ; _ I looked behind half a dozen ; I was looking for the prisoner and his horses. _ [The Crown Prosecutor: "Put your questions to him shorter; he is a foreigner."-Mr. Hyman: "He is a gardener,"-The C.P. : " What has that to do with it,"-Mr. Hyman (sotto voce) : " Why the man has cultivated."] I have seen the prisoner's mare, and know her; I did not drive them over one another, and cripple them ; I said to John Morriss his relation that I was sorry that the prisoner did not come and apologise, that if he had
I would not have laid any information againt him; I came in next morning, but could only see constable Bowd (Mr. Hales, P.M., being absent on public duty) ; this case occurred on the 11th, after 10 p.m. ; I gave him in charge on the 15th; it was a moonlight night ; I was watering the garden ; I have three dogs.
Edward Durand gave corroborative evidence to the last witness. Vincent Durand, junior, also testified to the disturbance and the firing of the gun.
This closed the evidence for the crown three witnesses were called for the ***** Mr. Hyman then rose upon behalf of the prisoner Lees, and in a sound ** unvarnished address fairly won the confidence of the jury. His Honor summed up. A verdict of not guilty being the result.
1879 'WALGETT.', The Maitland Mercury and Hunter River General Advertiser (NSW : 1843 - 1893), 29 April, p. 3. , viewed 21 May 2018, http://nla.gov.au/nla.news-article18923214
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