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7 corrections, most recently by barry.sylvester - Show corrections

LAW.

MAITLAND CRIMINAL COURT.

SATURDAY, FEBRUARY 18TH. (From our own Correspondent 1

In ths ease of the Queen v Thomas Page, tried yes- terday, the jury being oaA'ed in th'B morning said thit they had not agreed -nor were they likely io agrep,-. upon which his Honor discharged thom witto-it a verdict ; and, upon the app ication of Mr. Purefoy. priioner was admitted to bail, himself in £100, and two sure ira in £50 each to app°ar and take his trial when called upon. The prsoaer was then dis- charged.

George Barnett, late of Murrurundi, in the colony of iVew South Wales, was indicted for stealing, at Murrurundi aforesaid, on 23rd September last, one mare and one filly, of the goods and chattels of John

PigoU.

Prisoner pleade I no' guilty, and was defended by Mr. Purefoy ; attorneys, Messrs. Turner aid Mullen.

Mr. BROADHURST briefly stated the cas.* to the j -ty,

and called

James M'Donough, from whose evidence it appeared thit on the 23rd of fc'eptember, 1850, he was out on his run looking/or his mare, wh=n he saw the prisoner ca'ch Pigott's mare, put a saddle and bridle on her, and tide a «ay. Prisoner shortly after left the district, and was not rpprchended until December last.

John Pigott being called and examined, enid that be lost amare in September, 1850 ; be first ascertained his loss by the foal coming hoire without her ; never sold her to prisoner or gave him permission to t.ke her

away.

On cross-examination by Mr. Pure'oy, it appeared that Pigott received £8 from Bunott's wife, as tho value of the mare, which the prisoner was charged with stealing. »

This was the case for the Crown.

Mr. PUREFOY addressed the jury for the defence, anl called Mr. Daunt to prove that prisoner has been re- siding at Ravenfield, near Maitland, for the last three

years.

Mr BROADHURST replied.

His HONOR summed up, and thejury found a verdiot

of guilty ; sentence, three yaari' imprisonment in

Mai'land Gaol.

William Clarke, late of Thornwaite, in the colony of New South Wales, was indicted for on indecent assault on one Hannah M'.enarcara, a child under the age of twelve years, at Thornwaite aforesaid, on the 23rd of

December last,

The prisoner pleaded not guilty, and was defended by Mr. Putefoy ; attorney, Mr. O Meagher.

The evidence in this case (as in the former) was totally unfit for publication.

The jury (wittout leaving the box) found the pri- soner guilty ; sentence, three years' hard labour on the roads or other public works of the colony.

Michael Hanley, late of Wollombi, in the colony of New South Wales, was indicted for feloniously stealing at Wollombi aforesaid, on the 11th day of August last, three rings, two watch keys, one watch cap, one pencil case, four rasors , one pair boots, and one shirt, of the goods ana chattels of one Thomas Reid.

The prisoner ploaded not guilty, and was undefended

by counsel.  

Mr. BROADHURST very shortly stated the case, and

called  

Thomas Reid, from whose evidence it appeared that he resided at the Wollombi in August last, and on the morning of the 12th of August last, the witness dis- covered that the window of a bedroom in his house had been forced open, and the several articles enume- rated in the information were taken out of a carpet bag in the bed room; witness at once gave informa- tion to the police, one of whom, William Bourne, went in pursuit and came up with prisoner a few miles from the Wollombi, on the morning after the robbery. Prisoner was carrying a bundle, and on examining its   contents the articles sworn to by Mr. Reid were found in the bundle. This was the case for the prosecution.

The prisoner in his defence said that he had found

the articles on the road.

His HONOR summed up, and the jury without leaving the box found the prisoner guilty.  

Sontenced, five years' hard labour on the roads or other public works of the colony.

Tobias Wynn, late of Buck's Flit, in the colonyof New South Wales, wai indicted for feloniously stealing at Bucko's Flat afo es »id, on tho 12th of January las*, the sum of £100 of the goods and chattel« of one Michael M'iJrath. «

Tho prisoner pleaded not guilty, end waa defender} by Mr. Purefoy. Attorney, Mr. O'Meagher.

Mr. BROADHURST, having stated the CMS to the jury, colled

Michael M'Grath, who, having been sworn' and examined, aaid that he had been at the digging« ia Vicoria, and realized 70) sovereign* ; t*i« he brought this sum with him to Maitland in December, 1852 ; that he was working as a carpenter at bis cous'n's, Patrick Fraher, on the 12th of Jinuiry last, and at tho time had £100 in his poss°sg'on, consisting of one £50 note, and 69 note« of one pound each. Witness went in the evening to Lord's public house and got a bottle of rum, which he brought back to Fraher's, and prisoner, Fraher, and himself drunk the rum ; during tho evening a quarrel took place between the witness and his cousin Fr.ihtr, and witness knocked Fraher down; Wynn »aid it was a shame to knock the man down, and in a few minutes after the quarrel M'Grath sail " Wynn, you have got my money, give it baot to me;" Prisoner said he had not taken the money, and offered to let himself be searched ; but Fraher aaid he would not havo him searched in his house, as M'Grath was not a constable ; Wynn then went away, and the next morning early M Grath went to Wynn and again asked him for his money ; Wynn »gain denied having taken it, and then M'Grath applied for a warrant, and gave the prisoner in chargo for the robbo'y,

Mr. PUREFOY for the defence, cross-examined M'Grath, at considerable length, with a viaw to «hew that he was not possessed of any money at all, at the timo of the alleged robbery, nnd thou called Patrick Fraher, who contradicted the prosecutor in several material parts of his testimony. Four or five witness«« were also called to character, who raid that the pri- soner was always considered an honest, hardworking,

and well conducted man.

Mr. BROADHURST replied at some length, when hi» HONOR having summed up the evi ience, the Jury re- tired tor about half an hour, and then returned with a

verdict of Gui'ty.

Sentence, six year»' hard labour on the rcai» Or public works of the colony.

James Duffey, late of Oakenville Cre k in the colony of New South Wales, was indicted for stealing from James Burns, at Oakenville Creek, on the 20th of October last, one knife, and sixteen pounds of the goods and chattels of James Burns.

Prisoner pleaded not guilty, and was defended by Mr. Purefoy ; attornys, Messrs. Turner and Mullen.  

Mr. BROADHURST stated the case, and called James Burns, from whose evidence it appeared that he was a   digger, working at Oakenville Creek ; and on the 20th of December last, he went into a public house there, and bad a glass of brandy and water; prisoner with other persons was there, and after a short time prisoner entered into conversation with Burns, and they had one glass of brandy and water together. Burns had not gone a hundred yards from the public-house, when he felt quite sick, and was obliged to sit down, and in a few minutes prisoner came up, and said " here you are, old bloke," and at once put his hand into my pocket and took out a bag containing eight notes on the Commercial Bank for £2 each, and about 10s. in silver, he also took a double-bladed penknife, and then walked away. Witness swore that he was perfectly conscious all the time, but unable to resist, or assist himself. On recovering, witness gave a description of the prisoner to Sergeant Andrew of the Gold Police, by whom he was arrested, on the follow- ing evening, and was at once identified by Burns as

the man that robbed him.

Gilbert M'Vitie, the waiter at the Richmond Inn, proved thit he saw the prisoner at the bar, during the time Burns was there, and heard him say, he would do Burns some harm before the sun went down. Burns, was not drunk when he left Richmond's public-house that evening. This was the ease fot the Crown.

Mr. PUREFOY briefly addressed the jury for the defence, contending that Burns' account of the robbery was so improbable and inconsistent, that it could not be safely relied upon, and therefore the prisoner would be entitled to an acquittal.

His HONOR summed up, and the Jury without leaving the box found the prisoner Guilty ; sentence, seven years' hard labour on the roads or other publie works of the colony.

Michael Sullivan wa« indicted for stealing, at the Hanging Rock, in the colony of New Routh Wales, on the 14th April last, the sura of £60, of the good) and chattels of James Mitchell. The prisoner pleaded not guilty, and was undefended.

From the evidence of the prosecutor, James Mitohell^ it appearod that be was a licensed digger on the Hang- ing Rock diggings, in April last ; that ehe prùonor was I employ ed as his servant, at £2 lOj. par weck, with

rations ; that on the evening of th» I4th April, 1863, witness had £80 concealed in his bed in the tent ; that he saw and counted the money (whioh consisted of one pound and five pound noter) after tea-time, on the 14th April last ; witness then went out, and was absent for about en hour, and on bis return to the tent he found the piisoner gone, and on examination also found that the £80 had been takon from his bed. He immediately sent for a person named Michael Duffy, and mentioned his loss to him ; so ireh W*B made for the money, but it was not found. On tho in of July following, theprisoner was appiohended at Wellingrove, about 200 miles from the Hanging Rotk ; ho was then on horseback, and on being «earched by Mr. Proctor, chiof constablo, a five pound note and a receipt for a horse were found upon him. Prosecutor, Mitchell, cou'd not identify the five pou-.d nita as one of those stolen from his tent. This was th» case for the Crown,

His HONOR having summed up, the jary ret in d for about ten minutes, whon they returned a verdiot of not guilty, and the prisoner was discharged. .

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