The Brisbane Courier (Qld. : 1864 - 1933)(about) |
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Saturday 25 April 1885
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2 corrections, most recently by johnfox - Show corrections
IXVENCB ESQA.VEES.
AT tä» ^Police Court yesterfey morning, u«£oro the police ms&istrato, JennI Oharrandan jmd Françoie 'EicUírd, were chinged with beiflg escapeeeifrom, y.o French ponai establishment at New Caledonia Inspects .Lewis prosecuted. Detective Nethercote produced two docu- ments purported to be ettracts from tfee general wjaisterxjC tranaportatwi at the French penal establishment at New Caledonia. He had examined»tho prisoners,»and found that i their marlsn ond^pearance corresponded with.
t the description given in i these extract«. ¡
Henry Stevens Hutton, clerk in the Colonial Secrctary'S Department, prefduord the stato i pienta made to 'him by the .prisonera at the gaol iu the ,presence of Colonel Ross, the i visiting jitoüce, after they had been . duly cautiaaed rfiiat whatever they said .would be Uiken . down ia ,wfc"ting, and ijnay bo usad as evidence against them. The following .is ttus statement .made by the ipwconer Jeast (Chaîrandau :~il .MU 33 years .otage, and w»e a-soláier in tholFrench army; duçirg six ycaticX was stationcílAt .^Marseilles, yAyiguou, Clermont, Terrana, AJgoria, and 'TQUIOII. 1 wita «ontsaced and iti-unitported to ¡New Caledonia ior it«-enty years' hard labour for .having cut a ioleguipli wire, »nd*t the time of imy pscope I ¿ad .cloven more «years to stay »n NcwOale4<oiiui. I was road-making in the cautou of Bouiraillw the week prav lous to my escaye. Prowaus to this I woa-em ployed as ioo;k"ct Noumea, ii and another «man-a Genrnan.Ä'hosB name I don't know-stole a Go- vernment boat, and wo were joinfid ihy two Frenclwuea named Baptiste Sakatifcr and Françoisigichard. Wo rtook our bnmírocks
and used them for safe. We made oars with anrao,|iuiall plants, ii do not bno»v the date of our, departure, but we were outttwçaty onc days. \Wo took with u£ four small! ilo/wos of.bread, -.sotue cocoanut«;, and about, thirty pints of ivateç, We caught >SUrce birds and .an eel during tfee, voyage. W« carne in with .a small sctoonar on the tweuty-nrst dap ,opfc at about ;P ,0,'clock in the .«vening. Ißhose tim board the sobooncr, provided us with ?t«p .days' ratious, qpd as-far as we could understand,
ithey told us thp.t we were about ten hours' «»ii " tfrom Macksy. ÄVe came in ay*ht of land at .»bout 10 o'clock that night, and thinking it «TAB ftbemain landiv&oadeavoured to ¿each our boat. The boat, honrevor, was broken in tvt o in tíj¿ .attempt, and the iGerman and Sabatier wer* | 4rawned, as tfceyded not kuowJbow to swim. Weiiiad no corayasa,, but we knew that Queens 3and(Vras directly weat of Sew Caledonia, and steprxd towardc the setting a»a. The next ¿norning ure discovered we were not on, the main luid. Wo remained eight days ou the island luifcg on the shetliish we picked ,up. On the ei£hth day we «a»' some smoke, »ad on making .towards it we icund it proceeded from a hut whare four EtigláfiUmen were lis¡u»&'. These Englishmen treated us very aoajnjtablj, giviug u* a good meal and some cloth«, and on ttie ae-ïfc day they tack us over to Siaoksy, where they banded us over to the authorities.
The folloíViiuír is thoatatetneatof the prisoner Francois lîichërd :-I am 3'J y< ara of age, and
«»?» sent to New Caledonia in J.SS1 on a charge oí larceny for eight years. I bave served three years. One Sunday, the date of which I do not remember, Charrandati and a German came rouud to where we were camped with a whale- boat and asked u« to escape with them, and I wept with them. Wo started ia the eveninii, and the voyage lasted twonty-ooo days. We took wif.h us four loavaa of bread, some cocoa nuts, and some water. It rained /several times during the vovnee; wo spread out our tails and managed to collect some water. On the twenty-first day a t-chooner carno in sight ; we signalled to her and she provided tis with two days' provision», and told na we were about ten hours' journey from Mackay. We came in sight of laud that same evening, and thinking it was the main land we endeavoured to beach our bo&t. The
»'bo»V however,'i broke upji *n<i Sabataer-anil
t the German iwero drowned, but we saved our i selves by "swimming ashore. It was a wery [boisterous night. Wo discovered «extmorn .ingJthat 'we wero riot' on tho mainland, but ; on i au island. , Wo lived eight days on the island eating nothing but shell- fish. On the eighth day we saw Borne smoke, and on going towards it we found it to bo a .hut, in which tour Englishmen were seated eating. They gavo «s a good meal and some old clothes, and on the next day three of them took »s ovor »to Mackay «nd gavo.us over into,the hands of tho authorities. .,
On the application of Inspector Lewis, the prisoners wero remanded until next-D "day, ,-after thoir Btatoinents had bcenrread over to
tbem. i .«./?< i '
From the extract made from the General
Register of Transportation" it appears that the, .prisoner Francois -Bichnrd was sentenced at Paris, on the '¿lut July, 1881, by the Court.of, Assizes of,the Seine »fonlarcony to eight years i penal servitude with hard labour and twenty years' police^supervision. 'Bichnrd, previous to ! being transported to Now Oaledonia;received t ho following sentences:-On tho 27th July, 1867, ?he was sentenced to 'a term of imprisonment
(not stated) for lorccny-at-Oussetj on 15th ?.January, 1874, iho got eight months' imprison- ment 'for being concerned ia a rebellion at Gavat ; on the 80th. May, 1874, ho was sentenced .to'seven years If or committing-a tlarcouy at' Bourges; and on tho 29th .August, 18S1,!
.for a-similar offence -at Cussot he was sent to gaol for'^six 'months. The iprisoncr otfected
is escape from Bouvail, in New Oalcdoniu, on . the lGth of February, 18S5, and would have , been liberated on the -25th 'July, 1889, haviug arrived in New Caledonia on the 26th March, 1882. ,Bicliard, who is a bachelor, was bom ou the 30th April, 1832, at St. German des Fosse's, where ho followed tbccalling of a butcher.
Tho prisoner Jean GliarraïKlûu is described as a bachelor following no trade, and v, as born on the li{th May, .1852, at Porchers. ThÏB man is tattoed on the rrglit shoulder with two hearts pierced by a dagger bqneath a sleeping lion. On the stomach there are representations of two angels holding a ribbon, on which is inscribed "Courage, the future belongs to you." Beneath this there is a figure of a man holding out his arms, a serpent is coiled round the right leg ; there is also a representa- tion of two doves perched on uprooted trees. On the left hand there is a representation of two hands clasped together bearing the word "Friendship." There is also the bust of a woman, the branch of a tree ; also the bust of a naked woman holding a cup in her hand, "Galatee" inscribed beneath a bouquet. There is also a slight scar behind the man's neck. Previous to being sent out to New Caledonia, Jean Charrandan was sentenced on the 20th of May, 1674, by the second court martial, . 3rd military division, for insubordination and contempt of court to ten years'-penal servitude with hard labour. ? On: the 1st August,, 1S7-1, he | was sentenced by the ( second court .martial of' Algiers, '3rd 'military division,- for i robbery and insulting, a - superior officer, .to ten yoars'ipenal-semtude, .with hard labour. The prisoner »vas sentencod'.atilîlidah on the 117th July, 1S75, by the second court-martial 'for-sti'ahng and Belling camp equipments, and ? for breaking ft telegraph wiro to twenty j ears' penal servitude, with hard labour, aud tonyeiirs police supervision, .an i was degraded on tho í22ndJuly,lS7ñ..Ontho3rdMay(18al,bythofirst I permanent court-'martial »of «Now Caledonia, «Gharrandan waa sentenced to twonty years . penal servitude with hard labour mid .five years I police supervision, for robbery withi f »No k«1} s.
.The prisoneri'ffected'his escape tromlBouvail .eui tliolütli February,il8S5 Ctmrrandan-would liiavo beon liberated on the 22nd July.i 11)15.
SUPREME COURT.
FRIDAY, Aran, 24.
SPECIAL OKVIli SITTING.
A.J".ß. .BANK V. OHAÜVEL.
iTins WHS an action brought by the Aus- tralian Joint Stock Bank against Mrs. .Mari- anna Chauvel, to .recover the amount of an overdraft on a bankiqg account oponed by Air. O. H. E. Chauvel at the,plaintiff's branch bank at'Warwick, as defendant's manager.
Mr. Griffith, Q.O., and Mr. Virgil .Powor, inatructed by Mr. Rlithning, appeared for tho plaintiff ; ' and Mr. Chubb, Q.O., and Mr. Murray-Prior, instructed by Messrs. .Hart, Stein, and Flower, appoared for the defendant.
This action was tried on Sth April and. fol- lowing days. HÍB Honour now gavo ¡judgment
as ¡follows :
"Bho CHIEF JUSTKHJ said : I find specifica-Uy tho followingfacts, and give the consequent) judg- ment. The defendant, her daughter, and lier son 'Charles Chauvel, wero co-owners ,of i the stations of Tabulam and Canning Downs South, Charles Chauvel managed for all parties, and had authovity.not to open a bank account but to retain halt the proceeds for tho expenses of management of .the stations, tile opened, the- bank accotant in his own name in 1881, ned operated on .itifor the joint stations and for his own. In .December, 1882 jnoro than ajyear after optíninpthe account he agreed to apply half proceeds of sales, of bulls, steers, ' heifers,, and bullocks (No. .2, 15th December, '82), toiextinguish his overdraft. In July,'83, i the defendant became avaro thnt O. Chauvel I was operating on the bank for the purposes of! the management of Tabulam and Co., County) Downs fioath, those stations .having then be-i como hers. In the following month she gave I the confirmation of No. SL. ,(No. 5,'27th| August, 0883.) Tho lottor from plaintiff'e manager ,(L3th July, 'S3), and tho form of j guarantee sent to the defendant,.the amount of the overdraft as limited bjy the bauk show, with the other portion of the correspondence and the evidence of Ross and.C..Chauvel, that the defendant .and the back;, at thu time of that correspondence, had .restricted the authority of their respectivo agents to £3000. It was never .afterwards enlarged. Ross, the bank manager;,, exceeded his «.utliotity with re- gard to the plaintiffs bank.and.CbailesChauvel had no authoiity to plodgo .tho defendant's .guarantee beyond the £3000.' 'JJhe defendant has paid that amount. She is aotiliable for the balance claimed.except as to £788, the half iproceeds receivodiby her subject to the guaran- tiee of 15th December, 1882, and 27th August, I12S3. Ir. secnisto.rao that even if the guarantee .for £3000 is to bo.íegarded asa substitute for 'itko arrangement ito pay half ¡proecods, the
.alleged substitution had not been completed when the cuttle wuire sold to Hungerford, and the bank »as entitled, under thu subsisting icantffact of Auflast, 1SS3, to receive the half proceede of sale, £780. Thero nuis(., theiefore, be a verdict against the defendant for that .much in respect of the breach of contract of'.27th August, 168B. Mr. (S-ibluTs letter of .January, 1SS4, clearly,recog nisesitho bank's position, that if the defendant was to,become liable (fee anything beyond the £M00 end £789, ho must make a further con- trast *nvb them by way.cf guarantee.
Judgement was accordingly entered for £389, witt interest at the rate.oi 8 per cent from the dute«fdbe receipt of (áic-xoney till judgment,
with oosts.
Ttía .closed the business of the special sitting:.