Denis Lee

343

Maureen Withey on 4th January 2022

Kinnear Indent: https://stors.tas.gov.au/CON14-1-17$init=CON14-1-17P40 and https://stors.tas.gov.au/CON14-1-17$init=CON14-1-17P41 5765. Denis Lee, tried at Limerick, 3 March 1842, 10 years, age 36, height 5ft 3 ¼, catholic, can read and write, single. Offence: Stealing 3 cows and 1 bull, p Henry Shea; once for rescue from a sherriff, 2 days. Surgeon’s Report: Well behaved. Trade, Land Steward. Native place. Co. Limerick. Remarks: 3 sisters, Mary, Honoria, Catherine, N.P. ---------------------------------------------------- Conduct Record: https://stors.tas.gov.au/CON33-1-28$init=CON33-1-28p107 -------------------------------------------------- Tasmanian Records list a number of departures for Denis Lee from Launceston to Melborne, between 1851 and 1854, but not all list the ship he arrived in. 2 Dec 1851, Denis Lee, (Kinnear) (Conditional Pardon) steerage, left from Launceston on the “City of Melbourne” for Melbourne. 19 Mar 1852, Denis Lee, (Kinnear) (Free by Servitude) steerage, left from Launceston per ship “Gem”, for Melbourne. 8 Feb 1854, Denis Lee, (Kinear) Free by servitude, steerage, left Launceston per ship “Lady Bird”, for Melbourne. --------------------------------------------------- The following case may explain these trips: SUPREME COURT. Saturday January 6, 1855. (Before His Honor Mr. Justice Borne.) The following jury was sworn:— J. Stephenson, J. Bryan, J. Bruff, J. Stephens, W. Carr, T. Hardman, H. Stephenson, W. Griffiths, T. Butterworth, W. R. Murray, B. Griffiths, G. Harlow. Michael Carroll was charged with having, on the 8th November, shot at Denis Lee, with intent to kill and murder him. The prosecutor stated, that he resides in Victoria, and trades between this colony and that place. On the 11th of August last, he arrived here with about £200 in money, and in November went to Longford to purchase some pigs. In Perth witness got on a hawker's cart, and rode on it on the way to Longford about a mile, when he met the prisoner driving some cows, got off, and spoke to him, having known him before. Witness enquired of him where he was living. He said at Mr. O'Keefe's, and doing no good for himself. Witness then offered, if Mr. O'Keefe consented to let the prisoner leave his service, to take him as a mate, and give him a start. Prosecutor and prisoner then went to several places to purchase pigs in the district of Longford, but could not buy any, and afterwards, at the suggestion of the prisoner, both struck into the bush, to go to the Lake River, prisoner saying he knew a short cut to that place. Prisoner then left prosecutor for a short time, and told him to have a smoke. Prisoner was a long while away, when prosecutor coughed, and rose to pursue his journey. Prisoner then again joined prosecutor, and they both went in the direction of McCrae's Hills, and subsequently went up the hill. Prisoner again proposed to the prosecutor to have another smoke, alleging that his trousers chafed him, and he wanted to go behind a tree and see if he could not alter them. Prosecutor was looking down the hill with bis back towards the prisoner, when he received a shot behind the right ear, which rose him off the ground, and he did not know what it was at the time. Prosecutor turned round, and saw the prisoner with two pistols presented at him. Prosecutor then went on his knees, and begged for mercy, telling the prisoner if it was his money he wanted, he would give it to him if he would spare his life, saying, he was a wicked sinner, and not prepared to die. Prosecutor then stooped down, and handed from his stocking £65. Prisoner then enquired if prosecutor had any more money. Prosecutor replied in the negative. Prisoner then placed a cap on one of the pistols, when prosecutor clutched the pistols in his hands, and the cap fell off. Prosecutor then ran down the hill, and he heard another shot fired, but it did not strike him. While running the prosecutor fell, and the prisoner overtook him, and shot him in the back. Prosecutor then hid himself in a scrub, and afterwards ran towards a house, where he met Mr. James Brumby. Prosecutor left his coat behind him, and in one of the pockets £100 in notes, pinned in a piece of paper. (The prosecutor positively identified one of the notes produced in Court as one of the sixty five he gave the prisoner.) Prosecutor deposed, to shewing the wounds he received to a medical gentleman at Longford. James Brumby deposed to seeing the prosecutor shortly after he had been shot, and said he was then bleeding profusely from the head. Mr. Brumby afterwards took prosecutor to Longford, where he made his statement. James Hortle, the chief district constable, deposed to despatching constables in pursuit of the prisoner, and to seeing him after he was apprehended. Witness saw the prisoner searched, and saw £65 taken from his person, also some caps, slugs and shot. Constable Flynn swore to apprehending the prisoner, and told him after he had handcuffed him that there was a charge of robbery and murder against him. On the way to Longford Flynn detected the prisoner in the act of trying to throw something wrapped in paper away, and which afterwards turned out to be notes to the amount of £65. Benjamin Pervew deposed to seeing the prosecutor and the prisoner in company together on the 8th November, proceeding in the direction of McCrae'e Hills. The prisoner, in his defence, said that the prosecutor had got this charge up against him through jealous feelings, concerning a female at Longfield. He called two witnesses, but their evidence did not tend to benefit the prisoner's case. His Honor summed up, dwelling upon the principal points in the evidence, directing the attention of the jury thereto. Without retiring from the box, the jury found the prisoner guilty. His Honor then passed the sentence of death, without the slightest hope of mercy. The Cornwall Chronicle, 10 Jan 1855. An extract from another account of the same case : Michael Carroll was capitally indicted for shooting Dennis Lee with intent to murder him. This was a most atrocious case. The prosecutor, a man upwards of fifty years of age, is a trader to Melbourne, and in the early part of November last he came over here to purchase pigs. Having known the prisoner some time, he agreed to take him as a mate to the diggings and give him a start, and for that purpose arranged with Mr. O'Keeffe (in whose service the prisoner was, for his discharge. Launceston Examiner, 9 Jan 1855. --------------------------------------------------- The following may be his death. Victoria Death Registry. Denis Lee, Birth Place, Lime. Spouse at death, Martha Dunn, age at death, 66, Year of death, 1872, Reg No 9533/1872.