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SUPREME COURT - CRIMINAL SIDE
Monday May 4 - Before the Chief Justice and a Civil Jury. John Ball and Thomas Pearson were indicted for
that, whereas on the 14th December at Maneroo, one Joseph Keys did discharge a loaded gun at Charles Fisher, Shepherd with intent to kill and murder him and that they, the said prisoners were present aiding and abetting the said Joseph Keys. Other counts laid the offence as having been committed with intent to maim, do some bodily injury etc. (Keys, when formerly arraigned had pleaded guilty). Mr Charles Fisher Shepherd, Superindtendent to Mr Catterall deposed, on th enight of the 14th December, about one o'clock I was asleep in my hut at Maneroo; the then was open; I was awoke by hearing someone in the tent; I jumped out of bed and saw the muzzle of a gun within a foot of my breast; somebody said keep your hands down and come out of the thent, when Keys, who was standing outside, came up and said, "secure him he is a dangerous character", I said give me my clothes; they gave them to me, Keys searching the pockets to see that there were no arms in them; they then made me go to a hut where Mr Catterall and a female slept; they made Mr C Get up and put a light on the table before they entered; they then put me in one corner of the hut, and Caterall and the female in another; one of the bushrangers then went down to the men's hut and fetched them up; the two prisoners were among them; they then packed up every thing that was valuable in the hut. The captain (Jack the Rummer) took my pocket book; it contained several papers and some letters from England; I asked for the letters but he would not give them to me, saying they would do well to light a fire with; they took my double barrel gun; I asked for it; the captain said he would give it to me if I would show him the use of the compass, I did so, and they left me the gun; soon after they had gone, I called for my horse saying I would follow them, but I could find nothing more than No 4 shot, so I gave up the idea; I loaded the gun with No 4 and soon afterwards saw two men come back; Boyd was one and Jack the Rammer the other; they parted and one came on my left hand and the other on my right; the man on the right came within twelve yards of me, he stopped, the other knelt down; I had my fowling piece against my arm; the man on the right fired at me and missed
ait- I looked Bt ,tli?tn-an;on the left. 1 saw. hurl; taking iiinx lit me, wlieh rimmediately :fired'at:lnni, ; and ha fell dead;' l'tbeh presented' the 'other 'barrel ? at the fight band n»an, Boyd ; be beldvup bis bands and laid, don't fire, and . commenced retreating , I: followed him round the'hut, when Bull cnme put of the hut and said, don't shoot him sir ; I said by God I will, helms fired ut me; Boll then said, if you shoot him I'll sboot you;.l.said if both barrels were loaded I would shoot the pair ; Kail said, leave him tome; 1 said, well, if. you will take charge of him do; he (Uoyd) then laid down his musket; and I made him strip to see that be had no more urraa ; I then put him into the men's but with Hall, leuving bim to take churge of him j 1 then wont towards tlio ninu 1 had thai, 1 heard some one coming behind me ; 1 looked round and saw Keys coming with n double barrel gun in liis hand ; there Ml a water cask in a enrt; Keys. got behind it ; I got behind a bell tent; Keys .would not lire, so I resolved to giro him a clmucfi, bv waving backwards and forwards^ from behind the* tent, at last Keys fired und hit roe in the left arm; there were five large slugs lodged in my arm ; thia is my cout ; (the arm was cut to pieces by tbe slugs ;) four of tl em were cut out of my arm, these are 'them; Keysjsaid, you b ? r you are down ; 1 said, no 1 mn nut; 1 heard the shot rolling out of-iiie loaded barrel of my gun ; 1 then got up frnni the tent behind the bur ; 1 saw that from the
position I was in, lievs could only nre ai me iroiu his loft shoulder; while looking »t him I suw Penr aon coming behind me ; h» had a musket in his hand and a sword in n b»»lt ; Pearson snid, don't fire, 1 said, ?? hy not'! he went towards the other corner of ihe hut, and I thought he was going to fire at Keys, which ho could have done, but he came to me und snid don't fire sir; 1 saw licvs levelling nt me; 1 could nee his left eye between tha locks of the gun; X filed with my barrel ; I did not know there wus any thing in my 'gun but powder, but there was .a, shot or two in it, one of winch struck him in the eye ; Keys directly fired nt me ; bs soon in Keys had Jireil, I1 said, now 1 have you, and commenced walking ?tmvarus him, he presented his gun at me; 1 said it is no go, Joe there. is nothing in them, 1 then laid ?hold of the piece, and was in the act of closing with ilii.u/ when Uoyd took Pearson's musket from him and ?tired at 'my 'head ; the ball went in over my loft eye, ' mid cane out behind my ear ; 1 fell stunned, and laid ' ?hold of the wheel to support myself ? in less than a .minute, and sa-v Keys and Boyd standing near- me ; 1' mu~t towards the ; hut tliatMr. Cutter.Ul was in ;..I' a,nv him and the female standing at the corner of the hut ; I'Buid, -good God::Cauerull, here have I been ifigl:ting;und got shot full.to pieces, und you never, ciine near to see- whiit'is; the, mutter ; Caterall said what.cduld he do ; Tthen'suw Boyd, Keys, und bull .coinirig'towhrds me ;' Boyd and Keys were ramming their, pieces ? homei as if- loading ; 1 ran into the hut, ithere was n.jj-nssnge. 'ithtwodcors; 1 ran into one room and .stood behind the . door ; Keys and Boyd ?Crtirie into the' passage ' together, und not knowing 'Whiuh room' I-hitu gone 'into, stood with their guns ?across; ? I rushed: out and luid hold of the muzzles of ?the guns, one with each, hand ; my arm was painful, .and 1 could not hold, and thoy drugged me towards the' door; they struck me behind the ear which stunned me, and 1 fell ; when I came to, 1 felt my arm smarting; 1 found my coat sleeve wason fir«- ; I put it out (the cont was here exhibited, the right orm whs nearly burnt out) ; 1 found that while I was iuBensiljle, a gun had been placed against my body und tired oft', the wadding ot which set fire toinvcout the whole charge was in my thigh ; it hud entereii below niv groin, and passed out ut the side ; Dr. Hnrnett 'extracted nine slugs, and 1 took out one myself, altogether there w-ero fourteen slugs and
ness bere exhibited n handful of slugs) ; I bad a wound in my breast, but 1 think that was given me by Keys when (lie first fired ; with sonic trouble I walked up to the hut; Calterall said. 1 was just going to ?send two men for you, 1 thought you were dead ; when 1 hud hold of the muskets in the pnsssige, CaiUTiill ond Bull were within fire yards of me; 1 was not attended to from seven o'clock in the morning until twelve, when Mr. Willium Howniari ciuue to inu and washed my wounds, which were swnrming with ?fnuggots ; 1 was taken to (Joulhourn in n curt. A few ilays before the robbery, wo were miking about thn buslirnngers ; Bull said'they will be here next; I said if thoy do I'll given them a heiicfit ; us soon us I was brmighl out of thu tent, Ktys snid what a bene fit you have given us ; as lie siiiu tiiut, the thought Unshed upon my mind that Ball must have hud some .communications with them. - The witness was then cross-examined by Mr. Syd ney Stephen, for the prisoner Bull, but nothing nialerinl was add'iced. Mr. William llowinan, of Bong Hong, deposed, I Ijiivo » stiit ion at Mnneroo, about thu middle of Dec. 1 whs there ; 1 heard that Mr. Cntteriiil's station had been attacked ; 1 went to the station, it was about ?eleven o'clock when I arrived there, Shepherd wtis tliere, his clothes were immersed in blood' und his wounds were covered with flyblows. 1 washed his wounds and took his clothes off. 1 itaw thu miin that Shepherd hud shot, he was washed clean, and had been shaved, he wits wrapped in a clt'.in shoi-t end luid on u curt!! 1 told '- r. Oitterall that 1 thought there w:is n chance of Shepherd's recovering, if be wns properly attended to ; he said he had no servant, 1 snid, 1 had a cart, and would send a man but 1 bad no liorse ; Mr. Cutte.mll agreed lo find a .Curse. Trooper George Smith, deposed, in December last, 1 was out in pursuit of the bushrangers who had shot Air. Shepherd. 1 came up with two on the Snowy Uives ; Keys swam across; 1 shot at the ? other one, Hovd, he made u s.dslsh in the water and went down ; Keys had u double barrel gun in his bund, which he dropped in the river; Boyd had a musket and sword which he left on this bank. About three duys afterwards, I upprehunded Keys, he bad no arms but a dagger.. Mr. M mining proved that Keys had pie tiled .guilty to the information of shooting- at Mr. Shepherd, This. was the case for the prosecution. On the. part of the prisoners, Mr. S. Stephens .movedthntthey.be discharged, on the ground that no accessary can be convicted until the principal has been tried; in the present ense there was no proof -of Joseph Keys who had pleaded guilty that duy, being the individual who was alluded to by Air. Shepherd. The Chief Justice said, there is an information before the Court charging Keys and tha prisoners with having committed the offence, and on that information it is recorded that Keys had pleaded guilty, ond Therefore it did away with all occasion to ,irove identity, as it was priinu facie on the record that he was the same person. Mr. S. Stephen hoped His Honor would if it were necessary reserve the point for future consideration ; tlir- Chief Justice would not reserve the point. The prisoners suid- nothing in theii defence, but .Ball called: Mr. Joseph Cn'terall *ho deposed. I was at my station at A.nneiooin December last ; 1 recollect the bushrangers attacking the place. When Mr. Shep ' herd fell, BhII went towards him, in my opinion, be went to prev en: the bushrangers froai firing. 1 con ?idered .ray. life was in lunger; 1 did not think the men's were. When the busbrungers left Mr. Shep herd, 1 think they imagined he was dead, I thought so; Mr. Shepherd's lace win washed before Mr. llowman came, but 1 did not like to have his wounds touched ; soon after the bushrangers were gone, 1 missed Pearson, about five tninul s afterwards he ? name back with some of the property which hud been ! taken away. He agaiu went away, and was found as I am told lying drunk, with a musket in his bund, ? under a. tree near the station, 1 did not see this. Cross-examined by the Atturney-Ueneral. 1 got -. behind the but out of. the shot ; it was all my pro-' .perty .tlmt wiis at . the stiition : 1 heurd several' ..shots; Iliad. Mrs. Cat.ernll to take core' of, (the Chief Justice here informed the Attorney-General. - thut they weie sitting for the trial of facts . not to. judge of: Mr. Cattendl's conduct, besides snid bis bonoroll men's. nerves are not strung alike.)- No rthing to. affect the prisoners was adduced. . : The' Chief Justice commenced summing up, by: laying down the. low as regarded the degree of credit that was to be .attached to Key's plew of guilty, as it -touched- the prisoners at the bar, he did not see that .-the jury. could, for n moment doubt that Key had shot ' 7-at Mr. Shepherd, and therefore it was perlectly com-'1 petent* for die Court to try the prisoners as accessaries. , ? Tlis'honorthen recapitulated the whole of, the ,evi-.. ? d-ence, observing, that during the time he. had sat in' -?the C.ourtiChe had heard of some very brave acts,', but : . did not recollect ever 'hearing- or ever reading of an. ? act or series of acts of more -cool determined. courage . : und bravery, thun had been related to '-them by ;Mr.. Shepherd Unit clay. : ,,. . ' ','-, ;'\ ' '* The jury retired for, about in hour and found the? prisoner Pearstin Guilty. ;Uenmuded. Snow, A'of .Guilty. Abridged .Trenr the' Monitor.1' ????'?;?; Tuksjjav.- Jolinr Dow nliai Lutterell, was placed at tho bar, to try the issue of hi* ii.ime. The Solicitor General ttatyd tlm! tliB' name of ;the indWidnal nt the bar, wan John. Do* alias Xnttrcll, and not Lord VUconntl.a8ce.lles. ' .Mr. Justice Burton told the pi boner it was tit*
duty. hi tlife,fir»t instance to.bring forward prpnf to contradict the i rtatemenfmade '-by*'- the' Solicitor i3enerai;:;:J'*,'v-'-'i''7-:':-J ?'''; '^'' i^''^'1'' /-' ? The 'pilsoner'iiaiu-lie liad no'evhlence, to atlduce, ? but some doc'iin'ieiiti, and circuiiistiintial evidence, and proceeded to lay ' his case before' the' Jury,' staling that; lie was the eldest uon of die Earl of' Hare wood, liad' been transported to Van Dienien'* Laud, and'' to' save* his family di»Riace. had assumed the name of Joliti Dow. His ci-devant Lordship complained much of the PrMs, who lie «aid bad on various oscasioni dealt' out their un merciful wrath towards him. ? ' l'liillip Fell bworn — Deposed he came out with the prisoner in the »hip Woodman, as a passenger; prisoner was a convict on board known- by the name ef John Dow, or 'Lnttrell. -' ? - j Philip Gmin »v»orn— I am Supeiintendent pf the Prisoner's Barracks at Hobart Town ; I know Ihe prisoner ; I have seen him in Van Djemen'* Land at a convict ; 1 »w him there 8 or 0 year* ago, tin- ' dertlie name cf John Dow; f have heard him called Lord Lascellex; he was entered in , the uarrack books hh John ()--«. . : , , ,- - ' . u' ? , William Uentley sworn— I knew the prisoner at Launcestoti an a convict; lie was clerk to me, but only for a short time, on account of- bad penman ship, and bad orthography ;; hi* name was John Dow. .;? .-;,-?:, -;1 ;-- ? .-i#;;; .-?-''-''???.??.'., ?;?;??? ?*??.- -? - Cio»s-exainined by prisoner — l,kn«w you at Lainicistoii ; I believe ''after joii left me you wab gale ket-per at tlichinVberyard; -?'??-? :???'?-?? :i -.? TJri«oiier—If you saw Ihe Solicitor General stand- : ing outside the KKle of iluvlnmhei- yard at Luutices ton, should ynii say he was gate keejur ? ' '? ' . Mr. B.— too. ??' . \v. ';-1- n '-:-' '.''V^*' :'-''/'?. David Chambers sworn-^In the 'beginning; '? of 1033, I received a letttir : signed Lord L.B3celles, stating that be wished to seo mo ; I culled to where , the letter directed m- arid saw the Prisoner,' who \ stated himself to be the eldest son of the Kurlof Hare wood, and he wanted a power of attorney drawn ? to receive thirty or forty thousand pounds,; 1 was con- : vinced when,l first saw him he was an impostor, but , did not tell him so, but drew tbe power of Rttomoy, which he signed ' Luscelles' onlv ; the power was' attested by Mr. JVorton ; I wrote a letter enclosing the power of attorney, which ho signed as before, di-» !rected it to the Earl of Harewood, and sent it ; some-, ; lime after this he came to me, and told me that it was 'stated about that he was not Lord Viscount Lasccllcs;' 1 told him I was convinced he was not, and htulsome conversation with him about his family, of which lie , gave me ,a vory unsatisfactory account; I told him.' the oldest son of the Jiurlof Htirewood w-as Edward^ ; and riot Henry, as be atntrd himself to bo ; he said, there must be some mistake in the book of English peerage, which I produced to him to prove the; fact ;' 1 am not paid for my troubleyet. , ? ? ,. , ' PrUonnr interrupted Mr. Chambers by, saying,. 'Look at me — don't be. ashamed.' ' '.' . .''. Mr. C. again deposed — I can » wear yon said your nnmi* was Henry, and not K«J ward ; .you1 had a draft of the power of attorney, in which .the' name of Henry was not inserted; -oti took the diafl from my office some time after the power was sent hunie. ?'? -'? -; ? 'l'lie jury retired for nearly an hour, and returned a verdict of Guilty against the prinontr. : ,- v wk AVednesdav May 6, 1335, — llefore the Chief Justice and a Civil Jury.- ., ; ? ., John Hoodie and Thomas Gollidge were indicted for stealing from tbe farm of Mr. Thomas' Davis, of Jerry's Plains, two cows and one Heifer, the value of £ IS, on the 25th of October lust— The prisoners were indicted upon another count — thct of stealing catrla from Mrs. Humphry.
John Mnrtin Davis ot Jerrys Plains — 1 lost some cnttle from my farm at Jerry's Plains, amongst which, 1 have since seen nt Windsor, in last October, a bull cow, branded with my brand T with an O under — when 1 lust saw the cow, was on my run at Jerry 'a Plains about twelve months bince — the cow was the property of me and my nieces — my nieces are not in this country, 1 have the entire management of tJie- cattle, tind may dispose of them as 1 thin^ proper — the run is my own property, 1 know the prisoner Gollidge, he knew my cattle well, he was in tbe b'nbit of stopping, tit my farm — he knew my brant! — I . met . him ubout (hrue'yeurs ago end nsked him if he had seen ray cattle, he said they were run ning amongst some of my own, he snid they wpru at Dennis's Itrook, 1 told him if he would look after my cnttle 1 would reward ''him for his trouble, but gave him no authoiity; to. drive them away .or diapooe o) them; i stvear the cow 1 saw ut Windsor was mine, she wi's K'vtji up to ine ut Windsor by the Police Magistrate „ r ' Crass-«-xRmined by tlie prisoner Gollidge — I have never been at your stution i Cross-examiiitid by Juror — -All my cnttle are branded alike, exci pt one cow and one bullock which ..re branded' with the Same bruiid reversed on tlio hip. C;ios3-pXHmined by. prisoner, Gollidge I never cleared iu\ mtlle Jrom tlie run adjoining jours — 1 sent my atnckn: in to you to bring my cuttle from yours — I don't' remember your bringing- ca'tle to me — vou never have slept 'in' -my house, nor did i ever give you »n iuritntion-f—l knew the cattle was deficient— ;if I biing n lew bullocks for the use of tlm ' farm, und some of* ilium' stray, : 1 ' never see them again, such a system of robbery is gdiiig on- — I. don't know the brund to he -yours,' though I know the brand upon the cai tie.; ;.- .',?;;.? :.- ; 13 v i ho Chief Justice— The, cow. that I saw at Windsor was a cow with red spots, branded T up,! and (- down, this wris the cow' given up to me by the Police- — 1 lost oilier' cows beside her— 1 heard also from Captain Forbes, that' there were two cows of mine there — 1 said that one had the brand reversed and was a rod cow. ? . ? ,r ... Hy the prisoner— I doht know that you have cat tle,! would not know your brand if I saw-it — 1 had no reason to suspect any - one particular .for stealing them— when mv stuckiuiin told ine; my cnttle, was on yonr run, I got none buck— 1 non't know^ that you ever delivered my cuttle to Mr. Glennie- — 1 huveseeu you on my farm but don't know that you ever brought cattle. . ..-?-. . ;.-: : James Daniel — I am a constable stationed on the roud to Hunter's River, and know the prisoners — thoy were nt my pluce all night on the '25th of Oc tobes with cattle, (nbout2'2 bend)— the prisoners were on the road to Windsor — I had no suspicion of the prisoners as 1 knew them well — I did not exa mine the bmnd — the prisoners nre both natives — I nofced R B on tlm thigh of n fnt red cow. Cross-examined hy ftJr. Stephen—The prisoners knew me to be a constable, it is not likely prisoners would have stopped with stolen cattle at my house, they did not say where they cnme from. ? Thomas Dnrgin — -1 live nt Windsor, I carry on no business, I know prisoner, 1 bought in October ten head of cnttle from Uoodell, amongst them was one red cow marked T nnd an U upside down — I also brought a black cow branded the same, but. not upside down — I entered those brands nt slaughter lering the cattle, which was about a month after I bought them — they nre the same I bough). Cross-examined by Mr. Stephen — I know 'Allen's cai tie to be branded with n similar brand, I believe the brand to be Dr. Allen's brand ; Hoodie's father's cuttle nnd Al'cn's ran together; Dr. A. has been dead some years ; I do not know if Boodle's father bought some of Allen's cattle on his death ; Dr. A.'? cuttle were nil red, they were aged cnttle ; 1 con Hidered them all from about 8 to 9 years old. - - Mr. Davis recalled — Dr.. Allen died in the .year 1827 ; the cattle were purchased about January 18128, about 117 bead, ull his stock';' 1 kept the brand after wurds, thinking no other brand essential ; tbe cow I saw at Windsor with yellow' nnd white spots I swear ' ? lobe one of the incrense of the slock bought from '? ,Dr. Allen, by _my brother nnd self ;,-the cow was a . remarkable one ;,the.Wd cow wns also one of 'th»!in- ) crease of' Dr.; Allen's, stock, brand reversed ; 'I'lifive ' not seen the cowsineeil; lost if ; a greut rnriny of the' cattle were branded IB like, U B ; ? I kritw a black cow so branded; . I .muster every hnuul ing -season, 1 mustered lust in September,1 'arid/ misBed^n. great' 'manyV''' '-.'?' ?''?.-. :''- ;; ',t---.fr\}\ ,.U.-;, '.???'.?.'? 'fi.f 'i '??? , ' '' Cross examined by Mr'Ste'nliph^-brJ'''Allen:*'died°: just before 1 arrived in- Januurv,ilRa8:;'tlipurobiised; thom.of the. Executors of D.r.;Allpn, iibouttlie time' ; I arrived ; a number of thoso cattle'JJr. A ,pur based' of jdiflerent persons: I do riot know the liH tp be'^ Boodle's 'bnind ; l'linve seen this bpok/'of.'bnrnsEs' -(Mr.^Dnrgrirrs) ;.'thisl believe to be H'B vitlie'lreii ? son Dr..A.'8-brand TO; was, his name wns/fh'pmns / ; lielind tlie.T.O u-ul \vould linve had the ,\\ but'it would not' stand ; 1 hiive'/iiri' idoa 'of n\ frying-pan, without1 nt l-eef-8tc»k' in 4t— '(Chief- Justice's.': '. Or: 'damper'too'.')-— lr always brand inyiown cnttle, or am' present lit the.branding; 1 ulwnys sec the'bunst rise, .from the ground ; the black cow was nn nged cow ; the red and white, and the red'eow, were young ones'; I hnro nlvvnys snul- ' the red nnd white icon was n.youiip-.one.; thn red- cow hnd. only jtny own brnrtd ; the black cavet may hnyo ''pen bought bv. l)rl 'Allen i^tbe two young cows are of the increase from Dr. A. 'a i stock'. 'the' blnclcnne of the original num ber ;:I hnve about; 500 or 600 head. ,; ? - ' . . ifllr. Dnrgin examined by (jorridge— I purchased
tlo cattle of vou, the cattle I bought of Boodle were ia a'piddcck.near ?Mr.!.'i»!acdoriald's, ot Pitt 1 own ; 1 purchased 10 of 'JJoodle; both were aged. ; Fatrfct'Cullen— lam 14 yelrs- of oge j I lire at Windsor, near'Mr.'Wacdonald'a paddock ; remember some cnttlo;'about:t5 or 16,. being brought into the ; paddock; i did not see prisoners bring them; Boodle was there,. when sold to i\ir. Dnrgin; Gorridge was not;, I'; saw -the constables Chapman and Fox take the cattle away ; hot the cattle Boodle sold to Diir gin,' but; abine- other; :Dargin took away 'all he bought.' ;.?/[-... ; .;- v -? . James Cullen-T^t live in-Windsor; recollect some cattle in a paddock' of my mother's, some in one adjoining; I purchased one.1 cow from Hoodie; I was about^buying nbullockifrom Gollige ; the cow I .bought from- Boodle was ;a red cow, white back, branded EBorT B, no other .brand that I saw; Gollige sold a black bullock with white back, branded E It' j the remainder in- the paddock were taken by the police ; I considered Poodle to be the owner of the cattle.- _??-.;.--.,?,. . .. : V' Cross-examined by Mr. S. Stephen — I was present at the valuation of Dr. Allen's cattle ; they were branded T B ;' 1 do not know that Boodle's father' purchased cnttle from Dr. Allen. -Owen Chapman, constable, nt' Windsor, took five head of cattle from t BTr;' Donald's 'puddock in Pit Town, Boodle* claimed brie ; there wns a yellow nnd white hoiferfbronded T; iinii.;O'':tinaer T uppermost;' M' Donald's : i paddock'- is Is 'opposite ?? M'Kenzie's ; M'Kenzie. bus ^a.^wttrrrtntfout ugdiust him.for cuttlo stealing. .' r ; ' ) ' ?^,'^/J; i ? ?? This was the' case for.the prosecution. ; .''M'rJ'S'. 'Stephen rqjo ,to ' state thnt thore wns no evhlence to go to. thetjury— the Chief 'Justice over ruled' ; it, stating .there.; was ; eridenpe- for' the Jury, into' whose bunds he .should send tbe case— Hit Honor wished therd' was ti law for'Counsel addressing Muries.''- ' . ' *' ????:';???;-?:?- , :;- ;? ?'.?'? ?? i-'CIiapmon examined; by. Gringe — The bench deli (vered;-;up?: the jbullocki.to. mo, which was taken by Iheir order j it was brar.ded E R. ir. Ep'r tlie 'defence'. Thomas Murphy- was culled, who ?deposedv I'am a stbriemiuon ;' ;kn-iw. Boodle's father, he -''.'dietl-? four* years last January; I lived in his 1 employ) four years; I knew his cattle ; tbe most were ? branded I.;iJ, several were branded for the children, ?sorhe'C.BTsome E B and'T B ; one wa3 branded, Jfn'covr, which went by the nmno of Frying- Pan, a 'black'- cow^T Band'a frying pun brand, tbe round ipnrt wus dovn ; that was the only one of that brand. I .Examined by the Attorney General — It was five 'year's and a hulf since I snw the cuttle. * Joseph Smith— I am stock-lci-eper. I knew his ?father many years ; knew tho late Dr. Allen, had ihe charge of his e-.itlle, also of Mr. Single's and ^ Mr. Boodle's all at the same time, running nt Hur irang, on the Jlunter's Itiver road; 1 branded ? Dr. 'Allen's cattle, he branded with an O nnd T on itop ; nil were branded so, some he bought were \ branded before with other brands ; n brand might be turned upside down ; I remember two calves of Mr. i Alle'nV wore branded I B bv mistake, nlso1 T O, ?whic were purchased by Mr. tioodlsin consequence ' of the brand ; Dr. Allen purchased all tbe OMltle in .' my run. ?
l tie uetonco ner* closed. His Honor the Chief Justice went over tho whole af the evidence, remarking upon tbe comparative evidence, -'? it affected Gollidgx and Boodle, inti maling to the Jury his imprQ*siun that there was not sufficient evidence against Gollidge. The Jury returned a verdict of not guilty. Amos Criap stood indicted for stealing one cow, ona. heifer, and one calf, the property of Patrick M'Guire. value £o, on the 20th October lust. Patrick iU'Guire,,. County oi Argyle, lost a cow, purchased of Mrs. Power, wife of Michael Power — I lost from my own place a cow, heifer, and calf, ubout February ; the cow was branded M on right hip, nnd J P on right side on tli9 fora shoulder ; J saw hor after 1 lust her about four months, she hud then another brand of A C on the right side of the hip, and G just orer the former brand of J C ; both these latter brands were fresh, und recently put on ; 1 took her hnme, after tlmt A mo.-) Crisp chiiih to me,, asking me if I knew the cow I brought from Shbr-_ win's flat, telling him I did ; himself und another; man forcib v took her from me; slid returned, by hers'lf next morning : when the cow left me, slio was in calf; when I found her she hud cnlv-ed,, ari'dj the calf, branded ; tho cow wns produced nt tbV* Police Office; I lost the totv in Norembpr la'at. ,- r' Chief Justice — Wheru ure you going;, Mr.jAtu torney General ? _ Attorney General — I am going to the cow's mother. Wilnqs3 — Tho cow had two strips of white upon her hips, nil black except thnt; »he is now about 2 years and 6 months old, horns strait out and short, of the Durham breed ; she has been my property since June 17 ; prisoner ncknowledged tho brand his, and that he put it on ; I know Joseph Piving. ' hov John Jones, laborer, fre-: — Lives within, _? /ejf miles of M'Guire ; Crisp came up with another limn nnd asked for the cow; they drovo her invuv^ snw her again the next morning ut the stock ynrd; '- Joseph Pilling, free — Lives at Itong Don;, knows Crisp, delivered six head of cnttle to him; the cattlo wa.i under the care of a stoikuian ; J .P is W.'s brand ; s-.nv the cow when passing through the country to get his pension ; believes the cow to be the same a* when ho sold her hs a calf. . ,. The Jury considered betook the cow 'under the impression of it being his property. Not guilty. , John White stood indicted with stealing vn the 1st September, one calf, one steer, and one ox, the property of John (.lagan, who lives in Dar lington. I'roaeciitqi missed several cattle, saw in the pound at Patiick'* Plain* a steer ahout eighteen month* old. brown, two white heels, not branded, had a hole in the ear, hulf the ear cut off, it was my property. Acquitted, but remanded on another cliartie.