MONDAY. JULY 11.
(Before the Chairman and J. O'Brien,
Esq., and a Civil Jury.)
Dominick Popilaire, William Grainger, and James Austin stood indicted for steal- ing some stones from a quarry belonging to the late Rev. K. Hill. The Jury acquitted Popilaire and found the other two guilty. Sentenco, eighteen months each lo an ironed gang.
Mr. Charles Roberts stood charged, upon information, with having assaulted Mr. William Hutchinson, at his resi- dence, Pitt-street, on the 5th May last.
Mr. Rowe having stated the case to the Jury, called
William Hutchinson-I live at the farther end of Pitt street ; on the evening of the 5th of May defendant came to my house ; I was then in my bedroom, having been indisposed for two or three weeks before ; when he
came into the passage I came out of my bed-room, when he seized me by the collar and threw me down ; he then knelt upon my breast until blood gushed out from my mouth; he then dragged me into the parlour upon which I seized a knife and would have settled him if he had not, ran away; he said his mother had been the making of me ; I was not laid up from the ill treatment, but the marks remained for three weeks or a month.
Cross examined by Mr. F. Stephen - He met me in the passage ; he did not speak until he seized me ; he then called me a d---d infernal scoundrel; I think he must have been fresh ; don't know what were his reasons ; I said I had had some words with his mother in the fore- noon, but that was about eleven, and it was six when he came ; I dare say it was on account of the quarrel that the outrage was committed ; I don't know if any one sent for him ; defendant is a son of Mrs. Hutchinson ; she might or might not be bleeding ; I had hit her, and would do so again under similar circum- stances ; I struck her six times with my hand whip ; I did not strike her with a tumbler; I threw one at her.
William Harwood -I am assigned to plaintiff ; on the 5th of May I saw Roberts at my master's house ; it was between five and six o'clock ; Mr. Joseph
Roberts and Mrs. Hutchinson were with
him; Roberts went in by the kitchen door ; Hutchinson was in his bed-room ; he came out and I saw nothing more, having to attend to my horse.
Hugh Massey-I live with Mr. Hutchinson ; I was setting the tea-things when I saw Charles Roberts, his brother Joseph, and his mother come in ; Charles Roberts enquired where was Hutchinson that old scoundrel ; I said I did not know where he was ; Hutchinson then came out from his bed-room ; Roberts then seized him and threw him down ; blood gushed from his mouth ; Hutchinson said run for a constable, but, knowing that he was very ill, I thought, if left alone, something might happen ; the front of his shirt was torn and bloody.
Cross examined-It was getting dark; the scuffle lasted some time ; I did not offer to lend my master any assistance.
Mr. F. Stephen-Then you stood like
a hero ?
Witness -I heard nothing more than what I have told you.
William Gibbons-Mr. Hutchinson is my grandfather ; on the 5th of May I was at his house and saw Charles Roberts
there ; his brother Joseph was with him ; they entered by the back door, which led into the passage ; Hutchinson was in his bed-room ; I heard Charles Roberts ask for thal d* * * scoundrel ; he used those words when in the passage ; Hutchinson came out of his bedroom, when Roberts seized him by the collar with both hands in a violent manner, and threw him down ; he got up and was thrown down again, when Roberts place . his knee upon his breast ; in struggling the second time Hutchinson got hold of a knife, when Roberts ran away ; he might have been there half an hour ; my grandfather afterwards complained of one of his teeth being loosened ; the servant maid came in and parted them.
Cross-examined-I don't know what
caused the servant to interfere: Hutch-
inson had the knife in his hand at that
time ; the maid servant had been sent for Roberts in consequence of a quarrel between Mr. and Mrs. Hutchinson ; I heard Hutchinson call for a constable.
Mr. F. Stephen in addressing the jury for the defence, observed that if an assault under any circumstances could
be justified, it was this. He would put a
witness into the box who would prove that he was actuated only by the natural
feelings of a son, who conceived that his mother had been grossly injured, when
he took upon himself such a course of proceeding. He had been sent for by his mother. He (Mr. S.) would maintain that the fact of a husband striking his wife was ill treatment. He not only had struck her with a whip, but had also thrown a tumbler at her.
Mr. Rowe-That is not ill treatment.
Mr. Stephen- That may be a matter of taste ; however, defendant went for the purpose of removing his mother from
Joseph Roberts -I accompanied my
brother to Mr. Hutchinson's on the even- ing of the assault ; I was sent for by my mother; when I got there I met her in the yard, and went into the house with her and my brother ; we were in the house three or four minutes before I saw Hutchinson ; he came out from his bed- room ; he came up to my brother and enquired his business : my brother said
he wished to know why he (Hutchinson) had insulted his mother; Hutchinson
then seized him, they struggled and both
fell ; Hutchinson got hold of my brother's leg, and held him with both hands ; I did not see Gibbons ; I saw Massey, he was in the parlour ; Hutchinson ordered my brother out of the house ; He said he would not go without his mother with him; we were in the house about a
quarter of an hour altogether ; part of that time was occupied in talking with
my mother ; she bore the appearance of
much ill usage.
Cross-examined-I went to Hutchin- son's expecting to find my mother dead ; my brother said where is that old rascal who has been ill using my mother in this way ; that was at the parlour door ; I did not see any blood come from Hutch-
Re-examined-The object of my brother in holding Hutchinson, was to
give me a chance of getting my mother away.
Mr. Rowe briefly replied upon the whole case, in which he contended that, in point of law, the assault had been
clearly proved, and the jury, in conse- quence, would be bound to find defendant
The Chairman having gone through the whole of the evidence, and explained the law as bearing upon the case, the jury retired for a short time, when they
returned with a verdict of " guilty," but recommended defendant to the merciful consideration of the Bench.
The Chairman, in passing sentence, observed, that if any case could call for a mitigation of punishment, this was one of them, the assault-having been com- mitted under feelings of indignation at a parent being ill-used, and therefore, the punishment should be as low as possible. He then directed that the defendant should
pay a fine of 40s. to the Crown and be discharged.
TUESDAY, JULY 12.
(Before the Chairman, Messrs, McLaren,
Shadforth, and a Civil Jury.)
Robert Ball, and Mary Ball stood in- dicted for stealing a fowl, the property of Thomas Hely (a sergeant in the Sydney Police) on the 23d of June last. It appeared that the fowl was kept in the Police Office yard, and in order that it might not stray away its legs were tyed.
It however had managed to get across the yard and become entangled in some pal- ing; prisoners passing along, saw the bird, and released it. They made immediate enquiry in the neighbourhood, but being unable to find an owner they took it home. The Chairman upon hearing the evidence, directed the Jury to dismiss the prisoners. They were immediately discharged.
William Kelly stood indicted for steal- ing 30lb weight of beef, the property of Mr. Edrop in the month of June last, it appeared that prisoners had been for 3 years a free hired servant to prosecutor whom he subpoened for his defence, but he not appearing, the Chairman observed that the conduct of parties in not attend- ing to summonses of that court was highly reprehensible, but more particularly so when not attending for an accused party. The only witness examined was Mrs. Edrop, wife of Prosecutor. The jury found the prisoner Guilty-Sentence, 12 months to an Iron Gang.
Summary Jurisdiction-T. M'Lauchlan a prisoner of the crown, was convicted of stealing one manilla hat, and a quantity of wearing apparel. Sentence two years to an Iron Gang.
George Davidson, assigned to Mr. Moffit Pitt Street, was convicted of em- bezzling a sum of money, the property
of his master. This was the second con- viction.-Sentence, Seven years to a
A CIVIL JURY.
Louisa Lock, (a female of rather re-
spectable appearance) stood indicted for stealing a Silver Watch, value 30s., the property of William Southtwaite, Phillip
Street. It appeared that on the night of June, 23, prisoner in a state of in- toxication, went to the house of prosecu-
tor, and whilst there contrived to purloin the watch. Southwaite gave prisoner a good character, having known her for four years.- Guilty-Sentence, Twelve Months, 3d Class, Factory.
Joseph Gissott, was convicted of steal- ing 36lb. weight of beef, the property of John Lloyd Smith, Black Wattle Swamp,
on the 22d of June last.-Sentence 12 months to an Iron Gang.
John Williams, stood, indicted for stealing on the 28th June last, one cab-
bage tree hat, the property of James M'Cam. It appeared that on the even- ing of the day in question, prosecutor was walking up George Street, prisoner came up behind, took off prosecutor's good Cabbage-tree, and clapped on an old straw hat in its place; prosecutor imme-
diately turned round and seized him He was then given into custody,-Guilty
- Sentence, 3 months House of Correc- tion. Prisoner was mistaken, if he sup- posed an exchange was no robbery.