The North Eastern Ensign at KellyGang 4/10/1872 (2)

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David Hinds stated 1 am a labourer. I live at Mansfield. Know the prisoner by seeing him. Was at the Greta races some; seven years ago: Was only at one Greta races. William Skelton had a mare there which ran: Was present at the jumping match, which Skelton won: Saw Skelton take a horse out of the stable. John Quinn came up. There was a dispute. Skelton, I believe, put the horse back into the stable, and John Quinn went into the publichouse. He returned with his brother; James Quinn. The prisoner and another man, (George Fawkes) were present. There was a dispute and a scuffle. James Quinn hit Skelton in the chest with his fist. John Quinn and Fawkes were fighting at the same time. Skelton and James Quinn were fighting. A man named Porter also struck Skelton. James Quinn went and picked up a bullock yoke about five or six yards off and hit Skelton with it on the head and knocked him down. James Quinn took the bullock yoke in his two hands and made a swinging. blow. Skelton was bleeding from the head. Assisted Mr Mason to carry Skelton into the publichouse.

Robert Hoysted deposed - I am a horse-trainer, living at Taminick station. I know the prisoner James Quinn. I was at the Greta races when William Skelton had a horse, running. Saw Skelton and James Quinn at the races. There was a jumping match in the evening. I was present at a scuffle about some horses being removed from a stable. At first D. Hinds, Skelton, Mason, and, John Quinn were there. John Quinn went into the publichouse and brought the prisoner, James Quinn, and one or two man more to the stable. Skelton brought horses out of the stable. John Quinn asked him why he did so. Skelton said the horses had kicked his horse. Skelton offered to toss up as to whose horse should remain in the stable. When James Quinn came up he rushed at Skelton. After Skelton fell James Quinn went and got the bullock yoke and struck Skelton on the head. This was about 7 or 8 in the evening. Skelton was quiet in his behaviour, and he was not the worse for drink. This occurred about 7 or 8 years ago. I was young at the time.

William Skelton recalled— I was never at the Greta races but once when I received the injury.

George Oliver Fawkes, a butcher, at Benalla, was called, and he gave nearly the same testimony as the other witnesses as to the assault, stating that he accompanied Skelton to the Greta races in 1868. He stated, however, that he did not see the first blow which was given with the bullock yoke, but saw James Quinn in an attitude as if about to strike a second blow with the weapon, as Skelton was lying upon the ground, but Skelton was then taken inside the hotel. Skelton was badly hurt. Stopped with him until 3 in the morning, when witness went into Benalla for a doctor. During the night James Quinn came into the room and looked at Skelton. The prisoner made a remark to the effect that he was sorry for what he had done. During that night Skelton was sometimes sensible and sometimes not.

Dr Henry stated- I am a duly qualified medical man, living in Benalla. Know W Skelton. In 1805 I attended him. He had e wound upon his forehead. It was a small lacerated, deep wound, penetrating the bones of the skull, and was dangerous. It might have been inflicted by any sharp instrument. The corner of a bullock yoke might (if it had a sharp point) inflict such a wound. Dressed the wound two or three times and. recommended that Skelton should be sent to an hospital. Have seen him recently, and as far as I can judge he is still suffering from the effects of the wound. The mark on the right temple is where the wound was. It is much larger now, as the skull his evidently been trepanned. The wound is likely to produce epileptic fit.

The prisoner reserved, his defence and was committed to take his trial at the Circuit Court at Beechworth on the 10th Inst. The Court then adjourned.

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