Image by Aidan Phelan.
The evidence given at this trial was the same as that given at James trial for the murder of John Carroll except for an added, but uncorroborated statement by Henry McCurley. Mr Justice Cheeke did not explain perjury to the jury as did Sir Alfred Stephen in James initial trial. This resulted in a verdict of guilty and James received a life sentence. It had been decided in May 1867 that there was no convictable evidence against Thomas and John Clarke, and they were not charged with these murders. According to Edward Smith’s evidence James was with Thomas and John, the lack of convictable evidence did not apply to James!!
Braidwood Independent, 21 September 1867
CENTRAL CRIMINAL COURT. (Before his Honour Mr Justice Cheeke.) THE JINDEN MURDERS. James Griffin was indicted for that he did, on the 9th day of January last, at Jinden, of his malice aforethought, kill and murder one Patrick Kennagh. Prisoner pleaded not guilty, and was defended by Mr Dalley, and Mr C. J. Manning, instructed by Mr Evans.
The Solicitor-General having opened the case for the Crown, the following witnesses were called: Senior-sergeant Daniel Byrne who deposed to the finding of the bodies of Special-constable Carroll and party on the 10th of January last. [The details of the finding are already known to the public.] I know where Mrs McEnneny lives. Standing at her hut and facing Guinea’s, I found the last two bodies on my left about a quarter of a mile off. That would be about two miles and a half from Guinea’s. A person riding from Carroll’s and Kennagh’s bodies towards McEnneny’s would not pass Guinea’s, but be going in an opposite direction nearly. But if such a person were to ride from Guinea’s, with a view to go to McEnneny’s, he would pass the place where Phegan’s and McDonnell’s bodies were found; that is, he would pass within 400 or 500 yards. When Carroll and party passed me at Ballalaba in the morning of the 8th I saw they had two rifles, but I was not close enough to see what particular kind of weapons they were.
The post mortem examination took place on a Friday. On the Saturday following (12th January) I went again to where I found Carroll’s body; and I went from there to where the bodies of Phegan and McDonnell were found; and about 300 yards from the bridle-track, in the bush, I found the foot prints of several horses. I saw the foot prints of at least three horses. A man standing here could see what was going on at the place where Phegan’s body was found. This spot was about 300 yards from the spot where Phegan’s body was found and on higher ground. The ground is open, not scrubby, but large and small trees in places. A voice could be heard distinctly from where Phegan’s body lay to where the horses were.
John Laughlin, a constable, stationed at Ballalaba, deposed : I arrested the prisoner on the 19th January at his residence, Oranmier, which is about twenty miles from Braidwood, and twenty or twenty-five miles from Jinden house. I went with Sergeant Byrne, and found the dead bodies of special, constables Carroll, Kennagh, Phegan, and M’Donnell.
By Mr. Dalley: It was at his father’s residence I arrested the prisoner. Two other brothers, besides his father and mother, lived with him. It is a farm, with cattle, about 200 acres in extent. Some of the land is under cultivation. I have known the prisoner about five years. He gets his living by farming. Sometimes he drives a team, at other times he would drive stock. No sisters are living with him, but brothers aged about 20 or 22. One of the other brothers is older and one younger than the prisoner, I have seen prisoner on the road with a team of bullocks.
Catherine M’Enneny, being sworn, said : I am the wife of Henry M’Enneny, labourer. I reside at Jinden in the Braidwood district, three-quarters of a mile from Jinden house, three miles from Guinea’s. Jinden house is nearer than Guinea’s house. Jinden house is on one side, and Guinea’s house on the other side. I remember the 9th of January last. It was Wednesday. On that day four men came over to near where I was working. Three sat on the, ground; one came into the yard. I did not know him at the time. He was armed. They were all on foot. I saw their bodies afterwards. I saw one body the next day. They came to my place between 8 and 9 in the morning. They asked me to show them: the road to Guinea’s place. I did so. Then they went away towards Guinea ‘s. An hour before sundown I heard reports of nine or ten guns going off. I heard, nine or ten near together. Afterwards, about ten minutes later, I heard several more guns— cannot say how many. They were not in the same direction as the others and were further away. I afterwards two shots nearer. Those were the last I heard. First I heard eight or nine shots: then several further off ; then two more nearer.
Afterwards I heard a noise as of cattle running through the bush. I raised my head, and saw four men crossing the creek. That was about ten minutes after the firing of the two shots. I recognised the prisoner as one of those four men. I had known prisoner for twelve months. I knew his face well. I have no doubt that he was one of the four men. They all had arms. It was light enough for me to see them.
Cross-examined by Mr Dalley: I was examined at the police-office, Braidwood. I do not know when. It was about the same time that Mr Edward Smith was examined. I did swear that I saw no one whom I recognised that day except John Lynn, Mr Smith’s servant. But I was afraid to say what I did see. I did say, in answer to Mr Gannon, that I did not see James Griffin on that day. I was afraid. I did not swear that besides the four persons who came to my house I only saw one other person. I did not swear that I did not tell sergeant Byrne or anybody else that I saw James Griffin, the prisoner. I did say that if I saw Griffin, I did not think I would know him. I did swear that I told sergeant Byrne that I saw the man whom I found to be John Lynn. The man that came to my house was John Lynn. A great many questions were put to me in which the name “Griffin” occurred. `I denied that Griffin was at my place, or that I saw him riding past. I in all cases denied that I saw Griffin that day. Sergeant Byrne called upon me. My husband was at home then, and gave evidence at Braidwood. I denied to sergeant Byrne that I had seen Griffin at my house or near it.
By the Solicitor-General: Griffin did not ride past my house that day that I saw. He was not at my place that day. I saw him with others walking past. At the time I spoke to Byrne I did not know that I was to be examined. When I gave evidence at the police-office, I was still residing there. I had heard of Thomas Clarke, John Clarke, Bill Scott, and Griffin. I now believe that the two Clarkes were two of the four persons, and I believe the others were Bill Scott and the prisoner. Both since I went to Braidwood and before I was threatened. I am now stopping in Sydney. We intend to return to that district. I brought my children away. My husband is with me. I remember hearing of the two Clarkes being taken prisoners. That was after I gave my evidence at Braidwood. When I gave my evidence I had not heard that they were taken. I was bound over by the magistrates to come and give evidence. Lynn came to my place on horseback. He was in his shirt sleeves. I saw no person riding towards my house that day but Lynn. I went into the house before he came. I did not see who it was till he came up. He came from the direction of Mr. Smith’s. I was told it was better for me to have nothing to say to it. That is what I mean by being threatened. Immediately after I returned from Braidwood, my pigs were all destroyed. That never happened before. Some were killed and the rest torn by dogs. I was examined in private before the magistrates. Griffin; Michael Connell, and Guinea were in the dock as prisoners. No other threat was used, but that I had better have nothing to say to it. I understood that to be a threat. Living in the same locality, I did not like to say anything. I was afraid I might be shot. I do not consider that a justification for telling a falsehood on oath but I was unwilling to say all I knew.
By Mr. Dalley. It was nine or ten acres from where I was to where these people crossed the creek. The house is in the middle of our paddock. I was at the end of the paddock myself. There are nine or ten acres enclosed in a square. I saw them. They were some distance outside the fence. in some spots there was bush between me and them. I could see them all sometimes; and not only their heads, but their bodies. I do not recollect saying’, I did not know whether they had firearms or not.
John Lynn deposed that on the 9th January last, he was in the employ of Mr E. Smith, of Jinden house. On the 9th January prisoner came to Mr. Smith’s. They were talking about the detectives. Smith said, ” There they go up the hill? Griffin said, “Yes, I have been watching the — all night.”‘ Some time after the prisoner went away on a grey horse. Next morning Mr Smith told me to go to the post-office, Bells Creek by way of Guinea’s, and inquire if Carroll and party had reached there in safety, and if not to come back and tell him. I went, and about a mile and a half on the road I found the dead bodies of Phegan and McDonnell. I then went back to Mr Smith and told him what I had seen. Constable Patrick Callanan deposed that in January last he saw the prisoner riding on the saddle produced, at Balallaba. The saddle was afterwards taken when Tom Connell was captured.
James McCorrey [McCurley] deposed: I remember 9th January last. I saw John and Tom Clarke and Bill Scott in the bush on Christmas day. One had a revolving rifle, another a breech-loading rifle, and Scott a double barrelled gun. The Clarkes had a revolver each of them. Presently prisoner came up to them, and brought some grog; I think it was gin, to the bushrangers. I heard Carroll’s name mentioned. He was called. Detective Carroll. One of them said he wondered when they were were coming out again. Bill Scott said they wanted shooting. Tom Clarke said they did not want shooting so much as the Bradleys. Prisoner went away with the bushrangers in the evening. One of the Clarkes took prisoner on one side and had some conversation with him. The breech-loading rifle had a carved stock.
By Mr Dalley: I have known the Clarkes twelve or thirteen years. I was out looking for my horse when I met the bushrangers. They took me on one side, and said they wanted to see me.
Henry M’Correy deposed : I reside near Braidwood. I know prisoner. I remember the day the detectives were murdered. On the 5th January I saw prisoner at Clarke’s place, near Ballalaba. I slept there in a back room. Griffin slept in the same room. In the morning, when we got up, prisoner asked me if I would go with him to Jinden. I said, ” What for ?” He said, will you make one to kill Carroll and party. I said, ” No.” Griffin then said, “I will”? I then got on my horse, and Griffin got on his, and we rode away, but in different directions. He called me back, and told me to take no notice of what he had said, and that he was only joking.
By Mr Dalley : I was not examined at the last trial. I was not called. I never gave evidence against the prisoner before. I was not examined at Braidwood. I was not here when prisoner was tried for the murder of Carroll. I told what I have said today, to Gallagher and sergeant Duffy of Braidwood. I stopped at Clarke’s, because it was late. Constables Walsh and Geelan were at Clarke’s also. They were yarning with Clarke’s girls, Ann and Mary Clarke. They went away about 9 o’clock.
Kate Kelly, being sworn, said, I resided, in January last, at Long Flat, ten miles this side of Braidwood, with Michael Gallagher. I know the prisoner . I remember his coming to Mr. Gallagher’s place in January last. He was alone. I saw a person named Carroll there about that time, with other persons. I do not know whether they were armed. They were policemen. I heard that those persons had been murdered. They were there two days before they were murdered. It was three days after I saw them that I heard they were murdered. It was before I saw those persons that the prisoner was there; two days before. I saw Carroll and the others go down to Wallace’s place. By the Solicitor-General: I do not remember persons coming to Gallagher’s after I saw Carroll there. Prisoner was not there when Carroll and the others came. I am quite certain of that. He (prisoner) had been there that day, but was gone before they came. I do not remember any person coming there after Carroll was shot. I remember persons coming to Gallagher’s after I saw Carroll and his party there.
By Mr. Dalley : On the day of the murder men came to the house. Prisoner had been to the house. He was gone for his horse, which was some distance away. James Griffin was at Gallagher’s on the morning before the murders. I don’t know what time he left, but he left before the detectives came. Gallagher’s is ten miles from Braidwood. · Griffin, prisoner was there the previous evening, and stopped all night. I don’t recollect whether it was Monday or not that he left, before the detectives arrived.-
James Donohoe deposed : I am a farmer and carrier residing at Foxlow station, about twenty-five miles from Braidwood. I know the prisoner. Have known him for ten years. Saw him on the 11th January at my farm. It was on a Friday. I had conversation with him. He had dinner with me. He spoke to me about carrying on the road. After a good talk I asked him if he had been watching the newspapers, as I ‘heard’ the bushrangers had gone to the Weddin Mountains. He said he not only had heard, of them, but they struck terror into his heart. He said the four detectives had been shot. He looked frightened, and I asked him if he had any concern with it. He said no, but he was afraid, because the police were after him; on account of what Alick Bradley had said of him. I told him he ought to give ‘himself up–that his character was ‘good, and Bradley’s not very good. ‘The police came up and the conversation dropped. He told me he stopped at Cronan’s station the night before. Cronan’s is six miles from my place. He stopped at my place two hours. I wanted him to stop all night, but he would not, and left going to towards his own house at the Jinden station. I know Stoney Creek. It is fifteen-miles from Foxlow. Oh, I don’t know the Stoney Creek where Mick Connell lives. The prisoner was riding a short horse–what’ ‘is called a “nugget.” .
Cross -examined by Mr. Dalley: He only appeared frightened of the police. I did not say this before. I told him what Bradley said would not hurt him. He did say ” What he had heard would shock the heart of any man.” He then told me what he had heard.
By the Chief-Justice : He may have heard of the bodies being found. He lives nearer Jinden by eighteen miles than I do.
By the Solicitor General : I have told you all you ask me. Refresh my memory. ‘He told me the detectives had been shot dead by the bushrangers. I knew who the bush rangers were. He did not tell me how they were shot dead.
By Mr. Dalley : He told me in answer to my question, for in the bush we are always looking out for bushrangers.
By the Solicitor-General : How could I tell how the murder was done when I didn’t know ? About the horses ? Yes, when I said “Surely to God, Jemmy, you’d nothing to do with the’ murder ?” He said “‘No, only I held the horses.” Ask me, if you want to know further. He positively told me no more, than he was with the horses. I know Griffin’s father well. He is an Irish-man, like myself, and he’s no worse for that. (Continued on our fifth page.)
CENTRAL CRIMINAL COURT. WEDNESDAY.—Before his Honor Mr Justice Cheeke THE JINDEN MURDER. (Continued from our 8th page.) THE case was resumed this morning, and the following evidence taken:—
Edward Smith deposed: I reside now in Sydney. In January last I was the manager of the Jinden station, about forty miles from Braidwood and Jinden House. Where I lived is about one and a half or two miles from where the dead bodies of Carroll, Kennagh, Phegan, and McDonnell, were found. I remember the 8th January. I saw the prisoner at my house on the evening of that day. He only remained half-an-hour. He came to me and told me Carroll and party were on the road; that he had seen them on the Foley Swamp, which is about four miles from Jinden House, and that they were coming up the road towards my house. The prisoner did not remain at my house that night. He left on a bay horse which he was riding in the direction of Braidwood, in an opposite direction to where the Carroll party was approaching. A young man named Dempsey also called and left. About a quarter of an hour afterwards, at about sundown, Carroll and party arrived, and remained at my house all night, leaving at 7 o’clock the next (Wednesday) morning, taking the direction of Guinea’s selection, which is about four miles off. After Carroll and party had left, the prisoner came to my house, between 7 and 8 o’clock, about a quarter of an hour after Carroll and his party had left. He told me he had seen Carroll and party going towards Guinea’s. Carroll and party left on foot; they left their horses at my place. The prisoner left in about a quarter of an hour. He went on horseback—a grey horse—in the direction of Guinea’s, but round. He asked me to lend him my breech-loading rifle. I did not lend it to him. I received this rifle from sergeant Byrne. The prisoner said “Don’t give it to Carroll, or any of his party.” Mrs McEnneny’s hut is about four miles away from Jinden house. I had been there about three days previously with Carroll’s party. Saw no strangers there. On the Sunday (13th January) following the 9th January, I next saw the prisoner at Michael Nowlan Connell’s public-house at Stony Creek, sixteen miles from my house. On that occasion I had a conversation with him alone, at the fence outside the house. He said to me—”After I left your place I went towards Clarke’s place that evening.” (Clarke’s place is twenty-five miles from Jinden House.) “I brought the bushrangers up and they planted. Bill Scott and Johnny Clarke stood behind one tree and Tommy Clarke behind the other tree. Carroll and his party advanced, and Tommy went out from behind the tree, and called on them to surrender. That moment they (the bushrangers) fired into them. Phegan and McDonnell fell. McDonnell fired one shot out of his revolving rifle after his leg was wounded. Kennagh and Carroll retreated together down the flat. Kennagh put three balls into the tree behind which Bill Scott and Johnny Clarke were standing. Tommy Clarke, who pulled his boots off, got round to the back of Kennagh and fired a shot at him. Tommy called for the horses and they were brought down. (He did not tell me which took place first-the firing at Kennagh or the call for horses.) The ball fired by Tom struck a sapling. Kennagh looked round, and Tom called on him to surrender. Kennagh threw his rifle on his arm and surrendered. (It is assumed that Carroll was being pursued by Bill Scott as well as Tom Clarke when he surrendered.) There was one shot in Kennagh’s rifle when he surrendered. Tommy said, “You are Carroll?” He replied, “I am not Carroll; he is lying dead on the road.” Tom said, “Make up your mind; you have not got many more minutes to live.” Carroll said, “Mercy!” Tom said, “You cannot expect mercy from me. You didn’t show mercy to my sister.” Tommy then shot Carroll, and Bill Scott shot Kennagh. Tom Clarke shot three out of the four. Johnny Clarke didn’t shoot either of them.” The prisoner further said that all the money on him was £1 2s. 6d. He made some remark about Kennagh, but I do not recollect. He told me he held the horses. He merely told me he held the horses. He did not say where he held them. He said Tommy called for horses. He told me about Gippsland, that he wished to go there with me. I said it looked suspicious, and I advised him not to go. Mick Connell was not present the time the particular conversation took place between me and the prisoner. Before the conversation allusion was made to the gin. I was with the prisoner alone when the principal conversation took place, near the fence outside, about twenty yards from Mick Connell’s house. The prisoner said he had taken gin to them, and that only for the gin he did not think he could get them up to the pitch. I did not then hear the prisoner say any more. I was not present at any other conversation, but heard portions of a conversation between the prisoner and Mick Connell. I heard the prisoner say that Tommy shot Carroll. Mick Connell said to the prisoner as both stood at the bar, “You brought the horses down, then?” Prisoner said, “Yes, Tommy could not catch Carroll barefooted, he ran so fast.” Mick Connell said, “Then you took the horses?” Prisoner said, “Yes.” This witness was cross-examined at great length by Mr. Dalley, and his depositions taken at the inquest at Braidwood were read. Thomas Lyons and George Smith were also examined. Smith saw the special constables on the day before the murder, and saw them riding up the river on the day of the murder. They were going towards Guinea’s. They passed within a quarter of a mile of where I was. I knew Michael Connell; he kept a public house at Stoney Creek. I was at his place on the Sunday after I saw the dead bodies. I saw the prisoner there and Thomas Berry, Mrs. Berry, Kate Kelly, Edward Smith, George Cole, Michael Connell, and Mrs. Connell. I am certain prisoner was there. I had conversation with the prisoner. He said to me, “It was awful work what happened up our way the other day.” I told him it was. Mrs. McEnneny’s house is about a quarter of a mile from where I saw the bodies. Edward Smith and Watts were with me when I saw the bodies. I said I would clear out of the place, as it was not safe to stay there. I am now living at Araluen. This closed the case for the Crown.
Mr. Dalley very eloquently addressed the jury for the space of three quarters of an hour. Mr. Isaacs very ably replied. His Honor summed up, and the jury, after about half an hour’s deliberation, arrived at their verdict, but did not come into court for about two hours on account of the absence of the Judge, when they returned a verdict of guilty, with a recommendation to mercy on account of his youth, and also his having been brought into bad company. When asked if he had anything to say why sentence of death should not be passed upon him according to law. Prisoner said, “I have nothing to say.” His Honour said: James Griffin, you have heard the verdict of the jury that you have been found guilty of the horrible crime of murder. The district has been in terror through the desperate conduct of you and your companions, and I hope that this will be the last that will have to be recorded. The recommendation of the jury will have its due effect; but I can hold out no mercy. It is now my duty to pass sentence upon you, and that is, that you be taken hence to the place whence you came, and thence to a place to be hereafter named by the Governor and Executive Council, and that you be there hanged by the neck until your body be dead, and may the Lord have mercy on your soul. The Court was then adjourned.