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6 corrections, most recently by toniquarman - Show corrections

LAW.

SUPREME COURT— (CRIMINAL SIDE.)

FRIDAY — Before His Honor Mr Justice Willis, and a Civil Jury.     Richard Kelly was indicted for stealing a horse   the property of John Eales, at Berry Park on

the 12th of November last. The prisoner, who is a native of the Colony, rode the mare in question into Parramatta, and offered her publicly for sale to several persons, and amongst others, to Mr Watsford the coach proprietor, stating that he had purchased her from Mr Ebsworth of the Australian Agricultural Company, and that he had ridden her up from Port   Stephens. He finally sold her to Mr Hodges of Parramatta, for £35. The mare was a young mare, not shod, and branded L E on the off side of the neck. In consequence of the advertise ment offering a reward of £50 for the conviction of the party who stole a mare corresponding in every particular with the mare in question, Mr

Hunt, the chief constable, communicated with             Mr Eales of Hunter's River, who went to Par- ramatta, and identified the mare as the one stolen from his estate in October previous ; the mare was detained by the police, and the prisoner was taken into custody. The prisoner lived within half a mile of the prosecutor's estate at Hunter's River, and was there at the time the mare was missed. When taken into custody, the prisoner stated to the chief constable (as he had previously   stated to Mr Watsford) that he had purchased the mare from Mr Ebsworth of the Australian Agricultural Company.

In his defence, the prisoner stated that on the death of his father, about six years back, he came into possession of cattle which were astray in the bush. Having received information from a friend, that a number of stock-keepers were going into the bush to look for cattle, he accompanied them to look for his own. When after the cattle, a respectable man, who stated himself to be the overseer to Mr Palmer, by name Innes, was thrown from the mare in question, and severely bruised, upon which prisoner lent him his horse, which was a quiet one, and rode the mare in question the remainder of the time (several davs) they were out after the cattle. They succeeded in getting a number of cattle in, amongst which there were nine head belonging to the prisoner.  

Before they parted, the person who called him-   self Innes offered to barter the mare for the prisoner's nine head of cattle, and after some demur, the prisoner consented, receiving £2 from Innes to boot. Prisoner gave Innes an order to receive the cattle, and Innes gave it return a receipt which embodied a description of the mare. The prisoner laid much stress on his having remained some time in the neigh bourhood at a constable's house, and upon his having openly ridden the mare through the country, where he was known, and where it was almost impossible to escape detection. He stated that he had used every exertion to discover the person from whom he bought her, but he had failed, and he presented the receipt which he had received in an envelope from Hunter's River, but which was not allowed to go to the Jury, as there was no proof of the signature. His Honor summed up briefly, and the jury retired for ten minutes, and found the prisoner guilty. His Honor remarked on the prevalence of this particular crime in the Colony, and said that he felt bound to pass the severest penalty of the law, which was fifteen years transportation. Henry Barclay was indicted for slaying an aboriginal black named Jemmy, or Moses, at Matavia, on the 4th August last. The prisoner is a stock-keeper in the service of   Mr Lowe, of the Big River. On the day laid in the indictment, a fellow-servant named Kelly, went into the bush to look after cattle, and was accompanied by the black man in question ; they got the cattle, returned to the hut, and had sup per; after supper the prisoner got up and said he would go and give the black fellow a good thrashing, stating that he had stolen some dogs from him. The prisoner went towards the black, and kicked him, when the black raised his nulla nulla, which the prisoner wrested out of his hand, and struck him over the eye ; the blood flowed from the blow, and the prisoner then threw the nulla nulla away, and struck the de ceased several times with his fist about the body; the black made away as well as he could, stagger ing along, and sometimes supporting himself by the fence. The prisoner then called the dogs, but witness kept them back by enticing them

with a piece of meat, so that they should not follow the black. Deceased made towards the creek, and witness never saw him after. On his return to the hut, witness saw another black named Titty-bong, who took a fire-stick and   followed the deceased. On the following morn ing Titty-bong returned to the hut, and in pre sence of the prisoner, said' Jemmy is dead;'   witness understood him to mean the deceased ; the prisoner told him to go away for he was gam moning, but Titty-bong said that the body was buried a short distance from the hut, by the creek-side ; witness saw the new grave that had been made as described by Titty -bong, but he never saw the body. In his cross examination witness admitted that Titty-bong could scarcely speak an word of English, but that it was interpreted by a black gin who was stopping at the place with Barclay. He also admitted that the deceased raised the nulla nulla to strike the prisoner before he snatched it from, and hit him on the head. In consequence of the imperfection of the witnesses' evidence which was partly acquired by interpretation by a third party, the Crown pros' cutor said he would not proceed with the case. It did not appear that the prisoner had any idea of killing the deceased, only of giving him a thrashing. The prisoner was accordingly discharged.

William Greenwood was indicted for stealing a horse, value £20, the property of Michael Rourke, at Menaroo, on the 4th of June last. The principal witness in this case was the prosecutor's son, who could not swear whether the mare in question was the property of his brother or his father ; and it also appeared that so far from stealing the mare, the prisoner had been requested to look for her, and had only complied, and that very kindly, with the request made to him. His Honor said that he was astonished at such a case having been sent to the Court, as beside the time of the Court having been unnecessarily taken up the prisoner had suffered by what must have originated by the stupidity of the witness, of which the Court had a sample. By direction of His Honor, the Jury immediately acquitted the prisoner, who was discharged. The Crown prosecutor said that a similar charge, arising out of the same transaction, was pending against a young man named Simms, and as the former case had turned out to be so ill founded, he would consent to a nolle prosequi being entered.     Mr. Simms was accordingly discharged.

Before the Chief Justice and a Military Jury, James Mayne nnd Michael Lawler were in dicted for stealing a horse, the property of Wm. Hutchinson, at Murrumbidgee, on the 29th of September last. Robert Phillips, a servant to Mr Hutchinson, was riding a horse belonging to his master, and when within a short distance from his station, he was met and stopped by four men who ordered him to dismount, and they took the horse from him and immediately rode off. The prisoner, at the bar were two of the four men, and witness has since understood, that another of the four men had been shot, and the fourth man was Hall the bushranger. A man named Anderson, who lives near Gundaroo, deposed that the last witness, Phillips, was riding up to the house at the time the four bushrangers were robbing the place, and as Phillips rode up they made him dismount, and his horse was taken by the prisoner Lawler.

This witness deposed that the four bushrangers     were armed to the teeth, presented their fire- arms, and swore they would take the life of any person who resisted. They were forty minutes under the inspection of the witness, who could not be mistaken in their persons. The prisoners declined to cross-examine the witnesses and offered nothing in their defence. The Jury without quitting the box immediately returned a verdict of guilty. The prisoners were remanded on other charges. James Carrol was indicted for stealing ahorse the property of Robert Thomas Capp, at Jerry's Plains, on the 10th October last. The prisoner was a bushranger, and was seen near the place at the time the horse was stolen from Mr Capp's paddock. He was afterwards seen riding the horse about Windsor, and the horse was found straying in that quarter. Guilty. Remanded. The witnesses in the other cases not being in

attendance, the Court adjourned at twelve o'clock till Monday.   MONDAY.— Before His Honor the Chief Justice and a Civil Jury. Richard Carpenter and John Green were in dicted for a burglary in the dwelling house of Jacob Cohen, at the South Head-road, on the 2oth of November last. The prosecutor, who is a German Jew, swore so very incautiously, and his statement appeared so very vague, besides the circumstance of having once sworn to another party ns having commit, ted the robbery, that the Jury immediately ac quitted the prisoners who were discharged to their service. This was the only case ready, except one for   perjury, which was postponed at the request of the prisoner when arraigned ; the Court ad journed until this morning. Before His Honor Mr Justice Willis. Krankey, an aboriginal native was arraigned for the wilful murder of a man named Paddy. When put to the bar, Mr Justice Willis asked whether any interpreter was present who could make the prisoner acquainted with the nature of the charge in ink- against him, and his right of challenge, and other privileges allowed him on his trial. The Rev. Mr Gunter stated that he had communicated with the prisoner in gaol, and had found that he was quite capable of un derstanding whatever might be conveyed to him by his (Mr Gunter's) interpretation. The clerk then proceeded to read the indictment, which Mr Gunter went on to interpret, but the prisoner feigned total ignorance of what Mr, Gunter said to him, and to every attempt made by that gen tlemanan to make him understand, he returned answer that he could not understand.            

By His Honor's request. Mr Foster under took to instruct Mr Gunter in behalf of the pri soner, but either through real stupidity or af fected ignorance, he would not uuderstand, and

he was finally remanded in ordarto give Mr. Gun ter an opportunity of communicating with him, and gaining his confidence if possible. A Civil Jury was sworn in. Peter Digiium, an emigrant, was inidicted for a robbery, at Parramatta — Guilty ; sentenced to be imprisoned in Her Majesty's Gaol for six months— alternate months in solitary confine ment. Thomas .Tones was indicted for stealing a watch from the person of Abraham Collius.at

T''-;i '' '»e -uiuui uecemoer last. The prosecutor i, a iimu of colour, and went into the prisoner's house to get a shoe-string, (the prisoner was a shoemaker), when he wa» knocked down, and his watch and £2 in money was taken from bis pocket. Guilty — To be transported for ten years. A Military Jury was sworn in. Jin* Applfby wh« ind.nr«l for the wilful mnr der of her male child, by casting it into the sewer, by which it wa3 smothered. Mrs Gibson, the mistress of the prisoner, had noticed thnt her servant (the prisoner) was nrec

.»...., oou ,roui circumstances that came under her notice, she challenged her with it, but the prisoner always denied being so. Shortly after, the child was found in the sewer, and Dr Robertson, of the General Hospital, examined mid found that the head hnd received a severe blow, the scull wns fractured, and a quantity of extravasated blood was collected over the fracture, frcm which h- concluded thit the child must have been perfect ut the birth, and alivU when the Tracture was occasioned. She afterwards admitted that she had had a child which had been st.ll born, and tlmt having been verv recently married, she wished to conceal it. Doctor Ro bertson sai-1 that strong females were frequently visited with syncope during labour, and that if such bad been the case, thu child might have been injured at the birth without the prisoner beinir criminated. 6 The jury took a merciful view of the case, acquitted her of the capital part of the offencp, and found her guilty of concealing the birth of nnr child— sentenced to be imprisoned in II. M. gaol as the house of co. action for twelve months

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