On the night of 21 March 1884, William Hawthorn, a market gardener near Brighton, was shot while sleeping in his house. He died nine days later from his wounds. His brother James was quickly implicated: native trackers Moses and Johnny found double tracks between the two brothers’ homes, footprints matching James’s boots exactly, and a recently discharged gun in his possession. The brothers had been locked in a bitter equity dispute, and James had openly threatened William’s life.
Acquitted by a coroner’s jury, James was nonetheless arraigned by the Crown and tried twice in the Supreme Court. The first jury deadlocked; the second convicted him on 26 July 1884. The Chief Justice sentenced him to death, and a bid for executive reprieve failed. He was hanged at Melbourne Gaol at 10 o’clock on the morning of 21 August 1884.
