Adelaide: Monday, November 12. [Before Mr. S. Beddome, P.M., the Hon. H. Mildred, Mr. A. Jamieson. J.P., Mr. C. Smedley, J.P., and His Worship the Mayor of Adelaide.
David Loder appeared to the information of Jane Hammond, charged with using threatening language towards her at Payneham on November 4. Mr. Bundey appeared for the defendant.
According to the statement of the complainant the defendant cut the tether-rope of a horse, and on her speaking to him, he told her that she and her husband should never have any peace during the time they remained in Payneham. The Bench imposed a fine of 5s. and costs on the defendant in all 25s. John Kerney was charged with feloniously assaulting and robbing on the 7th September, at Prospect Village, Isaac Harrington, and then and there stealing from him a watch of the value of £4, and a chain, value 30s. The Crown Solicitor appeared for the prosecution. Isaac Harrington of Prospect Village, ironmonger, deposed as follows:- on September 7, at about half-past 6, I was going to Prospect Village alone. I saw some two or three persons at the side of the road near Prospect Village. I was just going to see what they were about when one man came towards me. The prisoner appears to be about the same height as that man, but is not stout enough. He was dressed in a black coat, which was larger than the one he has got on now. He had black crape over his face, and had a pistol in each hand. He held them to my breast and said, "Deliver out your money; I am Captain thunderbolt. He said, "Come, be quick; is that a watch that you have there?" pointing to the guard which I wore, I gave him the watch and charm. That produced is the one which I gave to him. He then drew his pistol across my pockets, and told me to get into a cart that was standing by and said, "Don't move till I get away." He was
then holding the pistols towards me. I went back some few yards, and when I saw him going off I went after him; but he went away towards a belt of trees. I ran to the Police Station and gave information. I saw no more of the man. I have had the watch for three years, and I know it by several marks. I have had the chain four years. I value the chain at £1, and the watch at £5. Richard Dawe, of Prospect Village, carpenter, said - I was at Prospect Village at about half-past 6 on the evening of September 7. I was going alone, and when I reached Eliza-street I saw a spring cart with two boys in it, and the horse's head was towards Prospect Village. The cart was standing on the left-hand side, and I saw Joseph Harrington and another man standing on the other side. Saw Harrington take something out of his pocket and give it to the man. Could not say whether the man had anything in his hand. (The witness here examined the prisoner very closely) I believe the prisoner is the man. The man crossed over to me and said "Stop." I was within a yard of him. I could not see his face because it was covered with crape. He had on dark trousers, hat, and inverness cape, and crape over his face. (The prisoner was here dressed in a cape and the crape was put over his face.) The prisoner, is like the man. The voice is altered from what I heard it on that evening. I cannot say whether the man spoke in his natural voice or not. He asked my name. I said "Dawe." He said, "Have you got any money?" I said "Yes; I have got a few pence." He said, "I am Captain Thunderbolt, so turn it out quick." I put my hand in my Pocket but he did not take the money after I told him I had only 8d. By this time I saw Harrington come up, and the man took his watch from him The man told me to stop. He was about to leave and I asked him to take some good advice. He said, " I suppose you mean lay down my firearms." I said "Yes; you will be caught some time or other, so you had better leave it off now." He said he would not until forced to, as he had been imposed on by the British Government. I told him to only think of those poor fellows at the Gaol, and how much they would like to be free. He said. "Yes, there is one there who will be punished for a crime which I have done." I said, "You don't appear to be 40 years old." He said, "I am not 30." He then told me and Harrington to get up in the cart and drive a mile. I got up in the cart, and the man made off. I got down to follow him, and he turned and fired at me twice. I then got into the cart again. He made off again, and I got down a second time, and he turned and fired four times at me. Joseph Harrington ran away, and shook his pistol at him and made use of bad language. He spoke with a commanding voice on that occasion; but he spoke rather sorrowfully when I saw him in the police-cell. I would not swear to the pistols produced, but they are like them. He had a quick walk. I have seen the prisoner walk, and from that I believe he is the man. By prisoner - I will swear to the best of my belief that you were the man. I took particular notice of the nose, which is white, sharp, and thin and the hands were white. Geo. Brookman son of Benjamin Brookman, of the General Post-Office stamp printer, said-At half-past 6, on September 7, was at Prospect Village with my brother Benjamin. I saw a horse standing by the side of the road. I and my brother were in a cart. I saw a man standing by the side of the horse talking to the boy who rode it, and whose name was Alex Wyly. I asked the boy if he was going to North Adelaide, and he said he could not go. The man came across to me and I drove on. He caught hold of the horse's bridle and told me to stop. He had a pistol in his hand. I saw his nose. The remainder of his face was covered with crape. I struck him with the whip, and he said, "I will shoot you; I am Captain Thunderbolt." He caught hold of the horse's bridle and turned the horse round, and led it about 20 yards. He told me to remain there, and asked me if I had any money. I said "Yes." He said, "Hand it over," and I gave him 1s. 2d. He said, "Thank you," and told me to stand there or he would shoot me, and then went across the road and met Joseph Harrington. I believe the prisoner to be the man by his nose, which is long and thin, and also his hands and general appearance. He had the crape in his mouth, He had whiskers, which I think were sham whiskers. I was in the cart all the time, He was
about 15 minutes with us. It was just getting dark at the time. Benjamin Brookman, who corroborated his brother's evidence, said - I should know the man again, and I believe the prisoner to be the man who stopped us. The prisoner was again dressed up in his regimentals. I believe the prisoner to be the man. He is about the same height and build, and his nose is like the one the man had. After leaving us he went over to Joseph Harrington, and took a watch from him. He afterwards stopped Mr. Dawe, and asked him if he had any money. Dawe said he had 8d., but the man would not take it, and began to talk to Mr. Dawe He then told him to stand where he was, and he stopped Isaac Harrington and searched him, and took a watch from him. He told all of them to get into the cart and drive a mile. He then went away and Mr. Dawe got down, and the prisoner fired two shots at them. Dawe got up, and on the man going away he again got down, and the man fired four more shots. Mr. Dawe and Isaac Harrington then followed him. Alexander Peel Wyly, son of Alexander Wyly, assistant armourer, said I was at Prospect Village on September 7, at half-past 6 o'clock. Met Brookman, and saw a man on the side of the road about 50 yards down the road. He had crape on his face. I saw one eye and his nose. When he came up to me he said he was Captain Thunderbolt, and I told him I had no money. He said he would search me. He took an empty purse, but returned it to me. He then told me to stand there, and he went and stopped Brookman, who hit him three times over the face with a whip. I have seen the prisoner with the mask on, and I believe him to be the man. I saw him for 10 or 15 minutes. I was there all the time. I heard six shots fired. Harriet Thomas, wife of John Thomas of the Murray, engineer, said - I know the prisoner. He is my brother-in-law. I was living in the same house on September 7. On the evening of that day he went out, and before leaving he said he was goingto Prospect Village to wake the people up there. It was about, 5 o'clock. I saw him take two pistols from out of the front room. There were four or five other pistols in the same room. The pistols produced are like them. He sent his sister Rachel on to the Park Lands with a cape. He was dressed in a dark coat and trousers. The cape produced is the one he sent. He told his sister to take the tape and wait by the Scotch Church or in the Park Lands for him. I did not see any black crape. He left a little after 5 o'clock. I saw him when he came home about a quarter or 20 minutes past 7. I saw him with two watches. The one produced is one he had in his pocket. He laid them on the table. His wife and me and my children were in the room. He said he had taken the two watches from Mr. Harrington's two sons. He did not say anything else. I had not seen him in any particular disguise. I had been there a week before September 7. I had seen his brother David Kerney the same evening; also Thomas Creamer. He gave one of the watches to Thomas Field, I think. Corporal T. Doyle said-I arrested the prisoner on Monday last at his father's house in Hindmarsh-square, and told him the charge, and cautioned him. He said, "On the 6th of September is it?" I said, "No, on the 7th." He said, "Who would think that I should stick a man up and take his watch?" I went to his house and found three watches. The watch produced, identified by Isaac Harrington, I found buried in his father's yard on the Tuesday. The prisoners wife showed me where it was. The prisoner said he would find the watch for me before I made a search. The prisoner saw me find the watch, and when I found it the prisoner said. "That is Isaac Harrington's watch." I received the guard produced claimed by Isaac Harrington, from the Chief Inspector this morning. The Crown Solicitor said there was some slight evidence to connect the guard with prisoner, and he would see that it was obtained, but in the meantime he would ask for a committal. The prisoner who said he should reserve his defence, was then committed for trial at the next Criminal Sittings of the Supreme Court. John Kerney was again charged with feloniously robbing, under arms, at Prospect Village on September 7, Joseph Harrington, and stealing from him a watch, value £4. Joseph Harrington, son of James Harrington, Prospect Village, limeburner, said - The watch produced is mine. On September 7 I had it. While going towards Prospect Village, about half-past 6 in the evening, it was taken from me by a man. I saw a cart and a boy on horseback. I went towards them. A man came towards me with a pistol in one hand and another one lying across his arm. He saw the watch-guard and told me to fork out, and I did so. The prisoner appears to be something like the man. I saw the pistol, and the one produced is like it. I know the watch by the number. By prisoner-I will not swear positively that you are the man, but you are the same height and build. Corporal Doyle said I produce pieces of a watch, some of which I got from the prisoner on Tuesday morning. The prisoner gave them to me. Another portion I found inside a fence near the Orient Hotel. The prisoner's wife showed it to me. The other piece I found in a wheelwright's yard at the corner of Flinders-street, and that was also shown to me by the prisoner's wife. Before I found it the prisoner said, "I will find you the two Harrington's watches." The prisoner was committed for trial on this charge also. After an adjournment, the following Magistrates were on the Bench .-Messrs. S. Beddome, P.M., Hon. H. Mildred, S.M., Hon. T. English J.P., Hon. T. Magarey. J. P., and C. Smedley, J P. David Kerney was charged, on the information of Chief Inspector Hamilton, with having stopped Henry Joseph Garrood on the Queen's highway near Gawler, on the 29th April, then and there robbing him of one silver watch, a chain, and a purse containing 5s. in silver. The prisoner having pleaded not guilty, Henry Joseph Garrood deposed as follows:- I am a draper, residing at Gawler. On the 29th April, between 10 and 11 o'clock at night, I had left a friend's house at Willaston, and was returning home through the Park Lands after crossing the river, when I heard a low whistle, and at the same time observed two men at some distance from me. I went on, and they appeared to be walking away from me. I could not distinguish their features at the distance of 300 yards although it was beautiful moonlight; but I saw the men distinctly on the high ground. They walked towards me, and, on getting up to me at Church Hill, told me to stand and deliver. I could see the size of the men, but not their features. They had masks on. I think the prisoner is the shorter one of the two who stopped me. He had neither beard nor whiskers, wore dark clothes and a dark drab hat. The other man was taller, and had a beard and mustache. [The prisoner Field, in custody on another charge, was ordered to stand in front of the witness.] Witness continued- That is about the height of the taller man who stopped me. I cannot say positively, but believe he is the man.
[At this juncture the information was amended by the insertion of Thomas Field's name.] Witness continued The smaller man told me they wanted to search me, which I allowed him to do. Each of the men had a pistol or revolver in each hand, making four in all. They took from me a watch value £6, a chain attached to it, and a purse containing something less than 5s. 6d. in silver. The watch, chain, and purse now produced are the same. The number of the watch 17,201. I got it from Mr. Milne, who had it once for repair; but I can swear to it irrespective of the number. They told me to walk to a certain tree. When I had got to the tree they had left the place. I went to a friend's house, and then gave notice to the police. I had never seen prisoner before to my knowledge By Mr. Mathews - I have a recollection of the man's voice who put his hand into my pocket and believe the prisoner Kerney to be the man. Each man approached with a pistol in each hand, but of course there was no pistol in the hand that searched me. Nicholas Crease, licensed victualler, landlord of the Wheelwrights' Arms, Roper-street, deposed-l know the two Kerneys. I remember seeing them with a watch and chain at my house David Kerney left the watch produced at my house to be raffled. I think it was about six weeks ago. He left nothing but the watch and chain. He did not tell me how he became possessed of it. He was by himself hung up the watch, and got up a raffle. Shortly after David Kerney came for the money - 50s. I think. I kept the watch for the party that won it
but gave it up to Police-corporal Doyle, who claimed it from me. I had understood that D. Kerney was a cabinetmaker, but did not know his occupation exactly. Alfred John Woodman cabinetmaker, Gawler deposed - I remember seeing the two Kerneys at Gawler on Saturday, April 28. do not remember seeing the other prisoner (Field) at the same time. It was in my own shop I saw the Kerneys. I gave them an order for mattresses. I offered them employment, and they promised to come again on the following Monday, but never came. I believe a man called Field was with them One was to come on the Monday at 12s. per day for a week's work. They were dressed in dark clothes. Police-corporal Doyle deposed- I received the purse produced from the prisoner John Kerney at his house in Hanson-street. He said it was Mr. Garrood's purse. I also received the chain produced from the prisoner at his father's house the same morning. The watch I received from the landlady of the Wheelwrights' Arms. Committed for trial at the Supreme Court. John Kerney, Robert Allen, and Thomas Creamer were charged with robbing Archibald Maxwell Jaffrey on the highway in the evening of April 2, pleaded not guilty, and were severally defended by Mr. Bundey. Archibald Maxwell Jaffrey, son of John Smart Jaffrey, of Unley draper, deposed - On April 2, at about 7 o'clock p.m., I was walking towards my home at Unley, when I was stopped on the road by four men at the distance of about 150 yards from Mr. Chance's garden on the city side. I could only see the features of one man of the four; the others had long masks with holes for their eyes. One took off his mask and appeared to be quite a boy. The stoutest of the four asked if I had any money. I do not know what answer I made; but asked what was the matter. I did not give them the money, and as there was the sound of a cab coming they told me to go over the fence, and if I called to the cab they would shoot me. I did get over the fence, but I also called out, and the stoutest of the four began to hit me about the head with his arm. The prisoner Allen seems like the one who took off his mask. When the cab had gone by they asked for my money. I gave them up 15s. 6d. and my watch. The watch now produced is the one I gave up. I had had it in my possession 12 months, and now know it by its appearance. I think the stoutest man took the watch. I asked for the seal, but they could not get it off. I got it off myself. I omitted to state that I had about me a half-dollar-piece and a farthing besides the silver mentioned I saw the four go from me towards King William-street. I went into Mr. Chance's and knocked, but no one came out. I then went home to my father's house, and he accompauied me to the Police Station the same night. One of the four had on an old belltopper hat, with dark clothes and a short coat. [The three prisoners were then placed in front of the witness, but he said he could not swear to them. It was 7 o'clock when he was stopped, and a dark night] Cross-examined by Mr. Bundey-The boy (Creamer) is like the one who took off his mask. I had the watch about me 12 months (the works and case produced separately) It was not like that when I lost it. My name was scratched on the inside, but I see it has been rubbed out. It is a geneva watch. The prisoners are no acquaintances of mine. I only saw them at the Police Station. Edwin Barrett, farm servant Unley, deposed-On the 2nd April I was going home about 7 o'clock, after having paid some money at my Lodge, it being Easter Monday evening. Just as I had got to Mr. Chance's garden a voice said, "Stand." I declared I had no money, but afterwards said I had 1s. 6d. or 1s. 10d. They would not take that. I could not swear to the men. One who turned aside his mask appeared "long favoured." I could not swear to them. By Mr. Bundey - In some cases "stand" may mean an invitation to treat or "shout" at a public-house. Police-corporal Doyle deposed - I found this (the watch-case previously produced) on Monday afternoon on the mantelpiece of John Kerney's house. He told me it was the case of Jaffrey's watch. The works produced are those belonging to it. I arrested the two prisoners in consequence of information I received. By Mr. Bundey-I decline to give any answer as to the source of my information. I arrested the prisoner Allen at the
house of his father in Kent Town, at half-past 10, on Tuesday morning, on the present charge, and cautioned him. He said, "They will have to prove it." I arrested the prisoner Thomas Creamer at the house of his father in Little Bent-street, Adelaide, on the present charge, and cautioned him. He made use of the same words as Allen. "They will have to prove it." Robert Creamer and John Kerney were dismissed as to the present charge, but detained on account of the previous committal of Kerney and other grounds. The Crown Solicitor said he had no further evidence against David Kerney to offer in the case of the robbery at Mrs. Taylor's. His Worship - But David Kerney is already committed. All three committed on this charge also. Thomas Field was again charged with a felonious assault, under arms, with intent to rob. Charles Ide, mason, Hanson-street, deposed - On the 2nd of October I was in Rundle-street, at quarter-past 8 o'clock p.m., and going towards North-terrace and the Exhibition Building. I was in company with Richard Appledore, and just as we passed the Tavistock Hotel a man ordered us to stop. He had his face covered with black cloth. I stopped. Appledore ran away, and the man fired after him. He took my watch. The one now produced is the same. I know it by the number. When he told me I might go I stopped to see which way he would go. He put a pistol to my head and told me to go on. I went into Rundle-street and found Appledore had been shot. I took him to Dr. Moore's. I should not know the man again. The prisoner Field had no question to put to the witness. Richard Appledore, of Flinders-street, butcher, deposed - On October 2 I was walking with the last witness, and in crossing from Rundle street to go towards the Exhibition Building. I was told to stand by a man, who said. "I am Captain Thunderbolt." I ran. He fired after me, and shot me in the loins with a ball. I ran as far as Bailey & Craig's, when feeling I was shot and in a fainting state, a man took me to Dr. Moore's who attended to me afterwards. I was confined for a day or two. I did not bleed much. I felt the ball had entered my body, but did not see it extracted. I felt much pain on Saturday night and all day on Sunday. I should not know the man. Prisoner had no questions to ask. Lance-Corporal Foelsche, of the mounted police, deposed to his having found the watch produced in a well near the prisoner's place of abode at Strathalbyn. The prisoner told him he had got the watch from John Kerney in exchange for a horse. The Crown Solicitor applied for a committal. Committed for trial at the next Criminal Sittings of the Supreme Court Pobt Adelaide: Saturday, November 10 ... LBefore Air. G. W. Hawices, S AI.] Alfred Edwards was charged with stealing a cap. the property of Alexander Kussell. The pro secutor deposed to the loss of the cap and finding it on the prisoner's head. A witness for the defence stated that he picked the cap up near Air. Russell b house. It did not fit him, and he gave it to one of Edwards's sons. The prisoner was discharged. Thomas Johnson and James Whiltford. seamen of the Uoolwa, were charged with being absent without leave; und, at the request of the master, were ordered to be taken on board. Port Adelaide: AIonday, November 12. Before Mr. U. W. Hawkes, S.M..J Emma Walden appealed to an information under the Alasters and servants Act for absenting herself from the service of Airs. Ann Bray. Air, Fenn appeared for the informant, and Air. Dempster for the defendant An agreement was produced, and it was shown that, tne defendant was engaged in England, her passage being paid to the colony on the condition of her acting in the informants service during the voyage, and to re main in her service in the colony for a period of 12 months without woces. On arrival of the vessel she left with her brother-in-law, and did not return. Air. Dempster submitted that the Court had no jurisdiction in the cose, as the de fendant was not a servant within the meaning of the Act, as she was to receive no wages. He also submitted that the defendant, being a minor, could not be. sued on a contract. Jir. Fenn argued against Mr. Dempster's objection, but His Worship dismissed the information, subject to an appeal to the Adelaide Local Court.