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&t>&nc£ Quarter Sesione.
WEDNESDAY, JULY 20.
Before W. Fostrr, Esq. J. P. (Chairman), end
G. Bonn, Esq. J. P.
The Court opened at one o'clock, when
Jahn Koivlan and Margaret Creek were put to the bar, and indicted for feloniously stealing one pair of boots, of the value of ten shillings, the property of James Howey, a private soldier of his Majesty's 17th Regiment, on the 29th of May last.
The prosecutor, in giving his evidence, evinced a reluctance to say any thing against the prisoners, and a degree of prevarication which called forth severe censures both from the Court and the Jury ; hut from what could he elicited from him, and from the testimony of other witnesses, it appeared that at en early hour on the day in question be went into the bouse kept by the prisoner, Nowlan, where the woman Creek also was at the time, being somewhat intoxicated. He sent/or some rum, three or four half pints of which were diank by the party, which
produced so much additional effect upon hiin that I he was necessitated to lie down. Nowlan demanded Eayment before be would permit this, and Howey
ahded over two shillings, for which he was al- lowed to lie on the bed. He had just fallen asleep, when he found himself disturbed by some person pulling at his feet, whom, on looking up, he re- cognized to bo Nowlan ; he desired to know what he was doing, to which the other replied, that ho wns only pulling off his boots, lest he should soil tins bed dollies ; he accordingly re-composed him- self to sleep, and, on awaking, two or threo hours subsequently, finding a pair of slippers on his feet,
asked for his boots; Nowhin said he brought no ' boots there, and ordered him to quit tho premises immediately ; thus dared, he determined on taking them both to the watch-house ; he seized the woman first, and when he had dragged her a considerable distance, she offered, if ho would take her back, to find the hoots, and give them up ; a comrade, however, whom he met, told him to do nothing of the sort, but convey her there, which ho did, and tho other prisoner was approhended subsequently
by a constable.
Both the prisoners denied the charge, Nowlan calling upon Air. Jilks, the chief constable, fora oharacter. Mr. J. stated that bo had known tho man for seven years, and possessed ample opportunity of knowing his general conduct, which he did not ho silate to say, was that of a honest, hard-working person. Mr. Garling also gave similar testimony in his behalf; and the learned Chairman said ho would leave tho caso in the hands of the Jury, who, after some deliberation, returned a verdict of-Guilty against both prisoners-Remanded.
John Lee, who had surrendered to his hail, was indicted on two counts ; the first of which charged him with feloniously stealing and carrying away, on the 20th day of April last, one boat of the value of £5, one spil of the value of ten shillings, and two oars of the value of ten shillings, the whole of tho said articles being the property of William Bluo on the North Shore ; a second count charged him with feloniously receiving the said property, knowipg it to havo been previously stolen hy gomo perron or persons unknown!
Tho proMentor, who Wa» nono other than the oelobratod old Commodore,'betteTknown as*" Billy Blue," of fuootious ro'nown, made his appearance in propria persona to substantiate the chargo, mid gnvo hil ovidonco in a voiy clear, straight forward manner, from which it appeared, that on the evening of the day laid in the indictment, ho secured his boat, ns usual, to o stake in front of bia domicile on the op posiio sido of tho water, the sail and oars being therein ; when ho got up the following morning it waa gone, and ho heard nothing of it till about a month subsequently, when, in consequence of in- formation he had rocoived, he wont to Loo's pre- mises, near Pitman's wharf, where ho saw a boat which ho examined ; in many rospects it cor- responded with his own, but appeared to have under- gone considerable alterations and repair; still, hewever, he bolieved it to be his boat, and claimed it accordingly, but Leo refused to give it up, threatening to knock his blnck brains out ; tho fol- lowing Sunday, bowovor, bo told Billy that if he would roimburso to him tho money ho bud laid out upon it, and swear to it before a Magistrate he should have it ; this offer Billy eonceived to bo nothing less than compounding a felony, mid in- dignantly refused it ; tho boat he said ho could ?wear to'positivoly as his property. Another wit- ness was callad forward to corroborato this testimony, which he did, expressing his belief of its identity.
Leo, in dofonce, stated that Billy was completely mistaken about the boat, and called upon
Mr. Batos, the boat-builder, who deposod that he built the boat in question about four years since, and sold it to Mr. John Stuart, who subsequently sold it to Captain NiokoUs, of the Monitor, to which vessel it had belonged ever since. During that time be had repaired it three or four times, and once, in particular, about six weeks back, when he mado those alterations which now appeared ; lie had seen the boat in disputo at the Dock-yard, which ho was positivo was the sarao. Mr. Batos's son also, who ossistod in tho building, and since that time sailed in the Monitor, swore to the same effect ; and Mr. B. stated that a boat, exactly resembling the one now claimed by the prosecutor, bad been swamped and washed ashore near his (Mr. B.'s) place about .the timo when it was lost, and which he believed was tho one that bolongod lo Blue. Under these cir- cumstances, therefore, the Jury returned a verdict of- Not Guilty.
Samuel Hall, a seaman who had been committed to toke his trial for assaulting Orr, the constable, the prosecutor having declined to proceed against him, was, by the consent of the Crown Officer, dis-
Benjamin Samet, was indicted for a most oggra , vated assault upon Catherino, the wife of Patrick | Clarke. The indictment contained two counts, the
first charging the prisoner, with assaulting tho prose cutrix with a criminal intent, and the second count charging him with a common assault. The prisoner was employed to servo in the shop of a dealer named Simmons, in York-street ; into which Mrs. C. went for the purpose of buying some cotton, when the prisoner committed the offence in question, which was clearly established. -Tho Jury found him Guilty on the second count, and tho Chairman, after addressing him in strong terms on the heinous* ness of his offence, sentenced him to be imprisoned
for four calendar months.
FRIDAY, JULY 22.
James Cooper stood indicted for stealing sundry monies numbered, value ¿£l 6s. 6d. the property of Roderick M'Keon, at Sydney.
Mary M'Keon.-I live on the South-head road ; the prisoner was in my saivice as a gardener ; on a Sunday evening in June last, 1 wentout, leaving the prisoner in the house alono ; the key was in my box when I wont out; after I came home, the prisoner went to Sydney, and I, having occasion, shortly after, to go to my box, missod seven dollars and half-a-crown, which woro in a tea-caddy in the box;^ the toa-caddy had been forced open; I sup- pose it had been dono with a knife, which I found lying noar it in the box ; on the following evening the prisoner returned home very drunk.
By the Prisoner.-Aman named William Sullivan, and a woman named Kennedy, wore in the house the 6nme day, but they went with me when I left tho house, and returned with me ; it was about half past two o'clock when I went out, and at half-past five o'clock J missed the money.
This was,the case for the prosecution.
The Jury found the prisoner Not Guilty.