William Devitt

341

Maureen Withey on 5th March 2024

THE undermentioned Persons have obtained CERTIFICATES OF FREEDOM during the last week, viz. :- Mangles (4), William Devill NSW Govt Gazette, 7 Nov 1832. --------------------------------------------------------------- The next case is possibly relating to this man. INTERIOR. BATHURST, (From the Bathurst Free Press, Feb. 14 1852.) THE ASSIZES.-The following are the prisoners for trial at the ensuing Circuit Court :- William Devitt, f.s.,Mudgee, murder; -------------------------------------------------------------- MANSLAUGHTER. William Devittwas indicted for assaulting and wounding George Hart, at Mudgee, thus causing his death. Devitthad been lodging at the house of a man named John Brookes, for two or three days; one evening he returned at dusk, and knocking, Brookes opened the door to admit him; Brookes then noticed a man lying in the road, and going to him he tried to pull him up, to get him out of the way ; the man, who was Hart, took offence at this, and struck at Brookes, who tried to pacify him, but Hart continued to strike at him, and got him down, nor could Brookes get away from him ; while still struggling to release himself Brookes heard a blow struck, and instantly found that Hart leaned over to one side, and then fell, evidently badly hurt, and bleeding from a blow on the side of the head, near the ear; Brookes, rising, found prisoner standing close by, with a gun in his hand, and concluding he had struck the blow, told him he had killed the man. Brookes then sent for the chief constable, and for a doctor, but Hart died almost instantaneously. The post mortem examination showed that the skull was fractured at the temple, and such a fracture as would be caused by a violent blow with a gun. Devitt, who had afterwards tried to destroy himself in the lockup, acknowledged in defence that he killed the man, but said he did not mean to do it, and struck in defence of Brookes, and from fear that the man would afterwards turn on him. His Honor summed up, recapitulating the evidence. If prisoner had reasonable ground for believing that deceased was committing a felony, or that Brookes's life was in danger, he was justified in using violence with an instrument, even at the risk of killing the aggressor. If prisoner had not reasonable ground for doing so, he is liable to be found guilty of manslaughter. The jury retired for fifteen minutes, and on their return found a verdict of guilty. Devittwas sentenced to twelve months' impri sonment, with hard labour. Maitland Mercury, 28 Feb 1852

221

D Wong on 30th November 2012

William Devitt was 30 years old and a native of Clare, Ireland, he was single and and Groom/Labourer. 1833: Sydney Quarter Sessions - Stole a pair of brogues from Mr M Gilligan of Sydney and was remanded. 1846: Donated to the Irish Relief Fund.