On August 22nd two men dressed as sailors were seen by the constables in Hobart Town enquiring for the residence of a well-known suspicious character. One of the constables stepped forward, and gave them the address they required. Then one of the sailors walked away, while the other remained standing near the constables as if in bravado. The constables held a consultation, and decided to arrest the sailor as a suspicious character. Two of them went towards him, when the sailor drew a pistol, fired, and then ran. The shot took no effect, and the constables gave chase. Charles Cunliffe, a carpenter, was standing at the door of his house as the sailor passed, and hearing the constables chasing him and crying "Stop, thief!" he joined in the chase. As they went down Brisbane Street Constable Winstanley came out of the Commodore Inn on hearing the hullabaloo, and attempted to seize the sailor, but the sailor drew a pistol from his belt and fired. The ball passed through Constable Winstanley's chest, but nevertheless he grappled with the sailor and held him until Cunliffe came up, when Winstanley fell. Cunliffe and the sailor had a terrific struggle for a few minutes, Cunliffe being much bruised, but he held on until the other constables arrived and secured their man. The sailor was taken to the Penitentiary, where he was identified as Martin Cash. It was believed that the other sailor was Lawrence Kavanagh, but although search was made for him, he could not be found. Constable Winstanley died from the effects of his wound two days later. Martin Cash was tried for the murder of Peter Winstanley on September 15th, and was found guilty. He said he had been standing quietly in the street when a constable came up and cried out, "It's Cash, blow his brains out." He had then fired and run. The constables were all cowards. They thronged round him when he was down, but they would never have caught him if it had not been for Cunliffe. Judge Montagu said in reply that he could see no proof of cowardice in the action of the police. They were not such fast runners as the prisoner. Charles Cunliffe was the more active, and consequently he had caught the prisoner first. For this he deserved credit, but the police had arrived at the spot without delay and were also to be complimented for their share in the capture of so dangerous a character as the prisoner. He then sentenced the prisoner to be hung on Monday, the 18th instant. Cash, however, was not hung, but was sent to Norfolk Island for life. Rewards of one hundred acres of land or one hundred sovereigns, in addition to the rewards previously offered of fifty sovereigns, with a free pardon for convicts and a free passage to any post in Her Majesty's dominions, were offered for the capture of Kavanagh and Jones, dead or alive.