AUS-NSW-SE-L Archives

From: Mel <>
Subject: Regina v Randall
Date: Wed, 23 Jul 2003 14:10:49 +1000

Hello AUS-NSW-SE-L,

Apologies for my tardiness, I have been transcribing a book and was
too busy to get to this.

I don't know if anyone has thought to do this but I have edited the
original email containing the details of the trial in accordance with
the Judge's directions, and here is what the "evidence" now looks like.

The "view" of this is interesting.

______________________________________________________________________



William Randall Newspaper Report. 24/1/1879. Yass ????

William Randall (on bail) was charged that he did at Binalong on the
23 November last ----- with intent to do grievous bodily harm, one
Elizabeth Randall.

Prisoner: Pleaded not guilty.

Mr.Healy prosecuted for the Crown.

The Crown Prosecutor stated the case, and called:

Elizabeth Randall, who deposed:
I am the wife of prisoner and live at
Binalong; I remember 23rd November last; .......he was swearing, and I
told him to stop, he said he would not; I told him if he did not stop
I would hit him with a brick; I did not hit him; he struck me with his
open hand on the side of the head; he was standing up; I don't know
whether he hit me with ----- ---- ----- ---, when I came to myself I
saw blood; I may have hurt myself in falling I can't say; I was
stunned and fell down and the blow knocked me over; I was sitting by
the fireplace; there was no fender; the floor is brick; when I came to
myself I was bleeding at the side of my head; there was a small cut; I
was weak from the loss of blood; Mrs.Gibson came over immediately;
I was lying on the bed; I don't know if Mrs.Gibson came over a second
time; I was in bed two days; I did not feel much pain. I am telling
the truth; I don't wish to prosecute. - no wife does.

Jane Ryan deposed:
Prisoner is my grandfather; on the night of 23rd November last; prisoner
picked up a boot and threw it at grandmother, but I did not see her hit with
it; I saw her bleeding; that was after prisoner picked up the boot; I saw
the prisoner beat grandmother with his hand; I made a mistake when I
said at the Police court that the prisoner was beating my grandmother
with a boot; he beat her with a closed fist; I went over to Mr.
Gibson's; I have not been talking to my grandmother about this case; I
gave the boot to the constable.

James Gibson deposed:
I am a laborer, residing at Binalong; I remember Jane Ryan coming to my
place on 23rd November; I went over to the prisoners place in consequence;
the old women was lying on the floor bleeding from the head; I found a
gun-barrel on the floor. I saw spots of
blood on it afterwards; it was lying near the old women; she was lying
near the door, and afterwards moved to the fireplace; the gun-barrel
was kept in the fireplace; it was outside the fireplace when I saw it;
I gave it to the constable; I saw it; I gave it to the constable; I
saw the spots of blood towards morning; I went home and came back
again, the prisoner was where I had left him; the old women was very
weak, and still bleeding; This time I noticed the blood on the gun-
barrel; I have had no conversation with the prisoner.

To His Honor:
The blood was near the
bottom of the gun-barrel, near the breech; did not notice if the blood
was wet or dry; it was in the constable's hands; I did not take it to
the police; I showed it to the constable; I tried to stop the blood
and then brought the police to the house; I don't know whether the
gun-barrel was handed by me to the constable or not.

To Crown prosecutor:
The gun-barrel produced is the barrel I saw; it then as it
now is; I swear I don't know whether the blood spots were wet or dry.

To a juror:
The wound I saw in the women's head was a small one; I have
seen the gun-barrel before; the stock was then broken.

To His Honor:
I mean half a pint when I say a good quantity of blood.

To prisoner:
I observed the blood on the gun-barrel when I took it from your house;
I have not wiped it.

witness examined the gun-barrel to see if spots remained.

To his Honor:
The blood is not on the barrel now.

Jane Ryan recalled by a Juryman:
Grandmother had a cap on when prisoner hit her; I saw the cap
afterwards; I saw that the cap was torn; I didn't know how it was
torn.

Was he guilty or not guilty?
...................................................................


If the Judge can please comment as to whether the above is correct,
and if all jury members would read this and re-consider where
necessary.

Comments to the Judge. In the various Australian States, alternative
verdicts are only permitted where the Statutes permit, and if the
Statutes do not allow for this, then an alternative verdict is
allowable only IF THE PRISONER HAS BEEN PRESENTED ON A LESSER CHARGE.
A verdict of Gross Negligence would not be allowed, as it would be
illegal, again unless he was charged with "Causing Injury by gross
negligence."

Also to the Judge, just in case she seeks to use it, nowhere in
Australian Law, can a Judge over-rule a Jury's verdict and replace it
with their (the Judge's) own verdict, as can be done in some US
States.


Best regards,

Mel mailto:

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• Regina v Randall by Mel <>