The North Eastern Ensign at KellyGang 4/10/1872
Thursday, October 3. (Before Messrs Sharpe and Robertson.)
James Quinn was charged with assaulting with intent to do grievous bodily harm to one William Skelton on 11th October, 1865.
Sergeant Whelan slated that the reason why the case had not been earlier was because after the assault Quinn disappeared, and Skelton, went to England in 1868 and had since returned.
William Skelton deposed- I am a labourer at at present residing in Benalla. Was at the Greta races on the 11th October, 1865. I had a horse at that races which ran and won a saddle. In the evening a jumping match was made for a new bridle, I and the prisoner were on the match for the bridle with others. I won the bridle. I and a man named Fawkes put our horses in one stall in a stable belonging to the publichouse at Greta. Some other horses were put in the same stall. Went to remove these horses. John Quinn, the prisoner's brother interfered, and demanded that the horses should not be removed. Fawkes had a quarrel with John Quin. I received blows from a weapon on the head, and was knocked down. Was carried into the hotel. I then got the blow that cause the wound on my right temple. Afterwards at Benalla Dr Henry dressed the wound. I afterwards went to the Beechworth Hospital, where I remained some months. I afterwards went to St Bartholomew's Hospital in London. Whilst there bone was extracted from my head. Since I received the injury I lad epileptic fits. Never had them before the assault took place. The last fit I had in a paddock last Friday week. I suffer, from them regularly. The assault I got on the 11th October, 1865, was the only injury I ever received to my head. Up to that date I was a healthy man, but have been always suffering since.
Robert Mason, jun, deposed- I am a squatter living at the Fifteen mile Creek, Greta. I know James Quinn; Was at the Greta races in October, 1865. James Quinn and William Skelton were there. Skelton had a horse racing there which 1 entered. It won the prize - a saddle. In the evening jumping match was got up for a bridle. Skelton and Quinn entered for it. I was in myself with other. Skelton won the bridle. Skelton had a horse in the stable of the publichouse belonging to Mr Forge. The race course was quite close to the publichouse. Other horse besides Skelton's were in this stall. Skelton went to remove these horses. John Quinn went to prevent them being removed. A dispute arose. John Quinn asked why Skelton was going to take the horses out. Skelton said his horse and Fawkes's were in first. Skelton turn one horse out of the stable. James Quinn and George Porter then came up. At this time Skelton was in the act of leading a second horse out. Skelton wanted to toss as to whose horses should remain in the stall. John Quinn would not agree to this. The prisoner did not speak. The prisoner, James. Quinn, hit Skelton in. the chest with his fist. I do not think the blow knocked him down. George Fawkes and John Quinn then rushed at each other. Georg Porter and William Skelton then caught hold of each other. Porter and Skelton fell, Porter being underneath. Skelton was just getting up when James Quinn went and took up a bullock yoke some five or six yards off and hit Skelton on the head. The prisoner hit Skelton with the end of yoke. Quinn held the yoke in both hands. Skelton was knocked down. The blow was a severs one. I and David Hinds carried him into the hotel. Skelton was sober. He did not aggregate the prisoner or any one a else.'
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