BATHURST QUARTER SESSIONS. Friday, July 13th. CATTLE STEALING.
Charles Townsend and Thomas Pitthouse were indicted for killing a cow belonging to Mr. William Tom, at Springfield, in April last They pleaded not Guilty and were defended by
Mr. M'Intosh. It appeared from the evidence that Mr. Tom had occasion to go to the house of Townsend who was his tenant, when he saw the prisoners at work upon a cow which had just been killed and was scarcely dead. He at once recognized the cow as his property, and upon further examina- tion discovered that she bore one of his brands He sent for one of his sons and when the cow was skinned, took possession of the hide. The prisoner Townsend stated that he purchased the beast from a drover on the road, and offered if Mr. Tom claimed her to give him one equally good as compensation. At this point of the transaction Pitthouse remarked that if anything came of the matter he would take the respon- sibility upon himself as he drove her into the yard. Wesley Tom proved that he received the cow in question from Mr. Moulder, and drove her to his father's residence at Guyopg. He placed her in the stock-yard out of which she escaped during the night, and she was out upon the run the whole of the following day searching her; this was the day upon which she was killed. Thomas Tom doposed that he seized the hide after the cow was skinned ; the brand was
easily distinguished. When passing the house on his way home, Townsend remarked in re- ply to an observation from his wife, that he had bought the cow from a drover on the road when Pitthouse interposed and stated that as he put the beast into the yard he would stand the consequences. Mr. M'Intosh addressed the jury for the priso- ner, and called a person named Thompson, who deposed that in March last he met Townsend at Dirty Swamp in company with another man who was driving a mob of cattle, from whom he
purchased a bullock and a cow, the brands of which he could not make out; the colour; how- ever, was similar to that of the hide produced. The jury retired to consider their verdict, and after an absence of about two hours, announced that they had not agreed, and that there was no prospect of their agreeing. The jury and pri- soner were then both discharged. STEALING WHEAT. John Linsey and William Smith were indicted the one for stealing — the other for receiving 3 bushels of wheat, the property of Mr. Hall of M'Quarie Plains. Plea— not guilty. Mr. Pring appeared for Linsey and Mr. Wadeson for Smith. From the evidence it appeared that Tinsey was the servant of Mr. Hall, and had been ordered to take, a certain quantity of wheat to Mr. Francis' mill. Mr. Hall in the mean- time went to Sydney and on his return ascer-
tained that there was a deficiency in the wheat as Tinsey only produced the receipt for 22 bags delivered at the mill, whereas 23 bags had been taken from the store. Upon making inquiry Mr. Hall ascertained that 23 bags had been taken to the mill, but that one bag had been sold to the prisoner Smith, and left in the mill on his account. Tinsey requested the miller to give him a re- ceipt for 23 bags but he refused and cautioned Smith against buying the wheat from another man's servant; and was desired to mind his own business for his pains. He then mentioned the matter to his employer, Mr. Francis, who also spoke to Smith of the impropriety of purchasing wheat under such circumstances, and reminded him that he had bought it under the market price as he (Mr. Francis) was giving 16s 6d. per bushel for wheat, whereas the prisoner had only given 10s. per bushel. The prisoner Tinsey admitted to Mr. Hall afterwards that he had sold the wheat and deserved all he might get for it. Smith when apprehended by constable Larkins said he had certainly bought the wheat but did not know it was stolen, as Tinsey had told him it was the thrasher's wheat. Verdict— Tinsey guilty : Sentenced two years' hard labour in Sydney gaol. Smith not guilty.
HORSE STEALING. George Bruce was indicted for stealing a mare, the property of Mr. Wm. Cummings of Clear Creek. Plea. Not guilty. The prisoner was defended by Mr. Sergeant. Mr. William Cummings deposed , that he had known the prisoner for many years as a boy ; he was reared in the neighbourhood where witness lived. In the month of April, witness lost several horses, among which were one filly, 2 years old, and one colt, 12 months old ; they were both bays, and unbranded ; they had been running with their dam in the neighbourhood of Clear Creek. Shortly after they were missed from the run, witness saw a colt corresponding exactly with the one he had lost in a paddock belonging to Geo. Schofield ;
it was branded JB conjoined, (prisoner's brand) witness had not seen the filly since. He spoke to the prisoner about the missing horses and asked him if he had been on his run. Prisoner said he had not. When witness had seen the colt in Schofield's paddock, he spoke to prisoner about it and claimed it as his property. Prisoner said it belonged to him and its mother was dead up the creek. Prisoner afterwards called upon the witness and wished him to look at a colt un- branded, which he (the prisoner) thought must be the one lost, but when witness saw it he was satisfied at once that it was not, as the missing one was a bay, whereas this was a brown colt. This witness was cross-examined at some length by Mr. Sergeant, and said that the colt lost and the one shewn to him by the prisonor were similar in all respects, excepting the colour, and in that respect there was a marked difference. Mr. Cummings jun. deposed, that he was on his father's run in April last, when he saw the mare, the dam of the missing colt on the run, but the colt was not with her ; he followed the tracks of several horses from the run to Schofield's pad-
dock, where he saw the colt, branded JB, and four other horses, but witness was so seldom at home that he did not know all his father's stock. This witness also saw the second colt in Schofield's paddock which was like the missing one in colour, about the same age and height, but there was a difference in the shape. For the defence, Mr. Sergeant called Mr. Edward Dougherty, who said that he had seen the prosecutor and the prisoner together at Scho- field's paddook looking at a colt. Mr. Cummings said it might be his—he might have made a mis-
take, and if he had he was sorry for it. He stated also that he was not very sharp among horses and that the colt might have changed colour. The jury found a verdict of not guilty. SATURDAY, JULY 14TH. Charles White was indicted for stealing, in the month of April last, at Caleula, one gun and sundry other articles. Plea— guilty. Sentence —twelve months' hard labour in Sydney gaol. Wm. Best was indicted for stealing; at Long Creek, on the 6th July, 1853 four pairs of boots and one hat, the property of Mr. Stephen Tucker. Plea — not guilty. The prisoner was undefended. From the evidence it appeared that the priso- ner was in the employ of Mr. Tucker, a store keeper at Long Creek, and on the day named in the indictment was lounging about the store, and while the shopman was engaged in supply- ing some customers with goods, a lad, also in the service of Mr. Tucker, acted as watchman ; the prisonor was then sitting on a case of boots and the lad saw him fix a new hat upon his head and place his old one over to cover it ; he after- wards saw the prisoner apparently planting something behind some slabs near the store, and on going to the spot, found four pairs of boots of the same kind as those in the trunk. He re- ported the matter to Mr. Tucker, and the pri- soner was apprehended ; when taken the new California hat was found in his possession. The prisoner offered no defence, and the jury, without retiring, returned a verdict of guilty. Sentence— 2 years' hard labour in Sydney gaol.
CATTLE STEALING. Jeremiah MEvoy, on bail, was indicted for stealing, at the Limekilns, on the 20th April 1855, one cow, the property of Margaret Tobin. Plea— not guilty. The prisoner was defended , by Mr. Serjeant. From the evidence it appeared that a person named John Allen had charge of a number of cattle belonging to Mrs. Tobin, and there was running with them a sheeted heifer, unbranded ; there was also running at the same place num- bers of cattle belonging to other persons ; there was also a sheeted bull in the same neighbour- hood which ran indiscriminately with the differ- ent herds. The sheeted heifer in question was branded by the prisoner, and when spoken to about it he admitted that he had done so under the impression that the beast was his, but if it was Mrs. Tobin's, she had better brand it over again. The Court was of opinion that the ownership of
the beast was not established, and the jury ac- quitted the prisoner. ROBBERY WITH VIOLENCE. John Knox, George Rose, and William Brewer were indicted for violently assaulting William Edwards, at Tambaroora, on the 19th June, 1855, and stealing from his person £190 15s. Plea— not guilty. Attorney for the prisoners — Mr. M'Intosh ; Counsel— Mr. Pring, William Edwards, a man of colour, stated that he was a digger at Tambaroora, and on the evening, of the 19th June last he went to the house of the prisoner Knox, who was an inn- keeper at Tambaroora— that in the course of the
evening Knox was playing at cards with a half caste man ; the stakes, he believed, were only half-a-crown a game. During one of the games Knox offered to bet with the witness, who took a £10 note from his purse for the purpose, but ul- timately put it back again without betting. Witness treated all hands twice, and had three glasses himself ; about half-past 10 o'clock wit- ness was leaving the hotel, when Knox asked him if he did not intend to stay all night, as there was a bed ready for him ; witness said, "no, he was going to Mr. Hughson's." The other two prisoners were in the bar at the time ; he bid them all good night and went out at the door, but as soon as he reached the verandah he received a blow over the eye which felled him to the ground, and on looking round he perceived the prisoner Knox close to him ; he immediately tried to get up and make his escape, but Knox seizeded him by the throat and prevented him. Rose was then searching him, and Knox said—
"Get his pockets, get his pockets." Rose tore out one of his pockets, containing £190s in purse, and from the other pocket he to)k 15s. in' silver. Witness once got prisoner's hands from his throat and cried out murder and robbery, upon which he received a blow on the side of the head which rendered him senseless, and he sup- posed he had been senseless for half an hour when he came to himself and found the house shut up He heard voices inside and fearing if he made any noise he might again be attacked, he slipped off his boots and crawled to the win- dow, when he heard some one say, " There is twenty pounds for you, and fifteen pounds for you." He left his boots in the verandah, and went and reported the robbery to. Mr. May, who sent for the police Witness was very bad for several days, during which time the doctor attended him. Mr. Pring subjected the witness to a very severe cross-examination, but did not succeed in shaking his testimony in the slightest de- gree. Sergeant Cassidy deposed that in consequence of information he had received he went with the last witness to Knox's house on the night of the
robbery. He there found a pair of boots under the verandah, but as the house was shut up and the inhabitants were apparently all in bed, he did not disturb them then, but went again next morn- ing and apprehended Knox and Rose, who were pointed out by Edwards as the persons who had assaulted and robbbed him. Witness then searched the prisoners and also the house, but did not find any money. The prisoners were taken before Mr. M'Lean, the Magistrate at Tambaroora, and they were discharged ; they were again apprehended on the same charge four days later, and committed for trial. This witness stated that Edwards was confined to his bed three or four days from injuries he had re- ceived principally about the head. Mr. George David Ward stated that he lived
just opposite Knox's house, and on the night in question, when between sleeping and waking he heard somebody say " good night," and imme- diately after wards heard a scuffle ; he recognised the prosecutor's voice crying murder and rob- bery, and heard Knox say " feel his pockets, feel his pockets"— did not got up to ascertain any particulars of the row. George Jones, a carrier at Tambaroora, stated that he was in the house at the time— he con- firmed Edwards in the statements he had made and stated further that when he went to the door he saw him on his back under the verandah, Knox holding him down, Rose searching his pockets, and Brewer standing close to them. This witness went away without attempting to offer any assistance to the injured man whom he left lying insensible in the verandah, and did not say that he knew anything of the affair until after the prisoners had been apprehended and discharged, when he told Edwards what he had seen, and offered to go to court and make his statement. Mr. Pring addressed the jury for the defence and called a person named Rogers, a lodger in Knox's house, who swore that he went out in the evening for an hour, and on his return met Jones the last witness going home very drunk. This was an hour before the house was shut up and pro- secutor was there then He also said that there was no disturbance of any kind at the house that night. The Crown Prosecutor replied at some length, and the Chairman in summing up made some stringent remarks upon the conduct of the Magis- trate (which he thought exceedingly strange) in discharging the prisoner on the first occasion,
especially after the evidence of Edwards and Ward had been given. The conduct of the Serjeant he said was also very improper, in not arresting the prisoners and searching the pre- mises at once, instead of leaving it till the next day, as during the interim they had had the opportunity of secreting the stolen money. The jury returned a verdict of guilty againstc all the prisoners, but recommended Brewer to mercy on account of his youth and as it did not appear, that he had taken an active part in the affair. Sentence— Knox and Rose five years' hard labour on the road, Brewer twelve months' hard labour in Sydney gaol. OBTAINING A RECEIPT UNDER FALSE PRETENCES. Edward Cook was indicted for obtaining a receipt from Mr. E. Bailey of Mudgee under false pretences. Plea— not guilty. Attorney for the defence— Mr. Sergeant ; Counsel Mr. Pring From the evidence it appeared that a Go- vernment Land Sale was held in Mudgee at which the prisoner was present and purchased lot No. 41 consisting of 30 acres at 31s per acre. He left £5 in the hands of the Commissioner to pay the deposit money upon the purchase, and at the end of the month when he called to pay the balance and get the receipt, he appeared somewhat surprised at the price, and said there must be a mistake as he had not offered more than 24s. per acre, at which price the land was knocked down to him. He afterwards waited upon Mr. Bailey who had acted as auctioneer when the land was sold, and pretended to him
that the Commissioner was not at home ; and as he was fearful that the land would be forfeited he wished him to take the money. Mr. Bailey objected to do so, but gave him a note saying that Cook had bought the land at 21s. per acre. He afterwards gave him a receipt for the amount of the purchase of lot 41 containing 30 acres of land at 21s. per acre, and the prisoner went away Mr. Bailey afterwards ascertained that the Commissioner had been at his office all the day and that Cook had merely pretended his absence in order to induce him to take the money and give a receipt. He also ascertained upon inspecting his account sales that tho price was 31s., and not 21s. as he had said. He therefore requested the prisoner to give up the receipt, which he refused to do, and the information was then filed, charging him with obtaining the receipt under false pretences. Mr. Pring for the defence urged as an objec- tion that the case must fall to the ground, as the
receipt produced was not a valuable security. The court over-ruled the objection, and the jury, after a short absence, returned into court with a verdict of guilty. The Chairman in passing sentence upon the prisoner, said that in consequonce of the many mistakes which had occurred on the part of the commissioner and the auctioneer, the punish- ment would be lighter than it would otherwise have been. Sentence— three months' in Bathurst gaol. STEALING BOOTS. John Kirwan was indicted for stealing on the 8th June, 1855, one pair of Wellington boots, the property of Mr. F. G. Johnson. Plea— not guilty. From the evidence it appeared that theo prisoner went into Mr. Johnson's shop and prevailed upon him to allow him to have a red Guernsey shirt on credit, that while in the shop he must have taken and secreted a pair of Wellington boots which at the time were upon some matting near where the prisoner stood. A tall man was seen to come in and shake hands with the prisoner and they left the shop together, when leaving the shop the two men were observed by Constable Larkins whose suspicion was aroused, and he fol- lowed them to the shop of Mr. Dupen, and soon afterwards ascertained that the prisonor had sold to Mr. Dupen a pair of boots which were pro- duced in court and identified by Mr. Johnson as his property. Verdict— guilty. Sentence— twelve months' hard labour in Sydney gaol. Walter Andrews was indicted for larceny, and pleaded not guilty. The principal witness in this case not being present, the Crown Prosecutor
offered no objection to the prisoner being dis- charged on his own recognizance. George Shepherd convicted of larceny, was sentenced to 6 months' hard labour in Bathurst gaol. John Henry, convicted of stealing gold was sentenced to five years hard labour on the roads. Thomas Johnson and Edward Jennery, con- victed of stealing gold were sentenced to two years' hard labour in Sydney gaol. George Smith and Amelia Cartney, convicted of stealing gold, were sentenced to 2 years' hard labour— the former in Sydney and the other in Parramatta gaol, and to be confined in Bathurst gaol till the next assizes or sessions, to wait their trial for another offence with which they are charged.
MUSICAL NOTICE.— We are happy to be able to inform our readers that Mr. Fairchild who has gained some celebrity as a Tenor singer at the different concerts in Sydney, Miss Bassman a pianist and vocalist of high standing and Madamoiselle Lorette, from the Royal Academy of music, London, and late of the Victoria Theatre, Sydney, intend shortly visiting Bathurst and the adjacent towns, the particulars of which will be advertised in our columns . This com- pany have also secured an addition in the person of Mr. Frederic Sams, a celebrated comic singer, delineator and comedian, from the Melbourne and Geelong theatres, who will appear in charac- ter in some of his favourite songs , and extrava- ganzas. — Communicated. TRAMWAY BETWEEN THE VALE CREEK AND THE RIVER.— We understand that the Govern- ment have called for a probable estimate of the
expense of constructing a tramway from the Vale Creek to the Macquarie Bridge. A more neces- sary or useful work could hardly be attempted as it is well known that during wet weather the whole flat between the two bridges becomes a vast puddle through which pedestrians can scarcely pass. Besides, a little experimentalizing in this species of road-making would place us in pos- session of data from which we should be in a posi- tion to calculate the cost of other works of a simi- lar character, which will no doubt follow upon the heels of this one The Vale Creek Road is another piece of country, over which, from its evenness, a plank or tramway might be con- structed at a comparatively small, expense CARCOAR BRIDGE.— Owr readers in the Car- coar District will not be sorry to learn that ope- rations will be forthwith commenced, for the erection of their long promised bridge, and thaot sawyers have already, commenced cutting timber for the work. Owing to the rocky nature of the river bed, and the consequent impossibility of driving piles, masonry will be required. Of one thing they may rest assured, that once com- menced, the work will not slumber, and that so far as workmanship, materials and superinten- dence can make it so, they will have a good sub- stantial structure. THE WEATHER.—We have latterly been visited by a few very severe frosts , which have several times been succeeded by dull, cloudy days, threatening a fall of rain or snow. But these appearances were of short, duration, and have not been accompanied -with any correspon- ding effects. As yet the plough continues to ply its work laboriously, but the bulk of the small seed is now underground. New land however is being extensively ploughed for maize and potatoes. Should we continue to be favoured with o en, moist weather, such as has prevailed, from the commencement of the winter, we shall hear no more for some time to come of scarcity
and famine prices. IMPROVEMENTS IN HOWICK AND DURHAM STREETS. — A petition to the Governor-General has been numerously signed, praying that his Excellency will be pleased to put thw sum of £600 upon the Estimates for the ensuing year, to be expended in ererting bridges over the Jordan in Howick and Russell-streets, which during wet weather are very inconveniently in- tersected by a stream of considerable magnitude. Of the desirability of such conveniences, there cannot of course be ? opinion, and Piper-street would be none the worse if it were similarly favoured. The petition was numerously and respectably signed, and will, we hope, prove successful. What our belief may be, is another question. FAT CATTLE.— Beeves and muttons fit for the market are growing scarce in our district, and the previously high expense of living is aug- mented by an increase in the cost of another of the necessaries ot life. In conversation with several stockholders who have latterly visited their runs we have learnt that the cattle generally are in low condition, and that a fat beast is a rare animal. The circumstance is accounted for, partly by the numerous drafts of fat cattle which have found their way from the Lachlan, particularly to the markets of Victoria, and partly from the lateness of the season at which the last year's drought was succeeded by the rains of Autumn. An abundant crop is much required to place us in a comfortable position as regards the two staple necessaries of existence—
bread and beef . Death by Poison.— A few days ago an old shepherd, named Rooney, who had latterly been in the service of Colonel Verner, at the Mumble station; terminated his existence by taking a quantity of strychnine It appears, that according to the too prevalent custom of this class, he had for some time previous been spending the balance of his wages in dissipation, which terminated in delirium tremens, and whilst under the influence of the malady, and without any assignable reason, he took the poisonous draught . An inquest was held over the remains, and a verdict suitable to the circumstances of the case, returned by the jury. Patsey Neville.— Several inaccuracies we understand, appeared in a paragraph published in our last issue, describing the particulars of a flying interview between Captain Battye and two policemen and Patsey Neville. The facts of the case, are, — shortly after the arrival of Captain Battye at Mrs. Neville's station, and when the
horses of the party were unsaddled, Neville made his appearance on horseback, but seeing Finnerty, he immediately turned his horse's head and gal- lopped off. Several leaden messengers were sent upon his track, two of which, report says, took effect upon his horse, which has since been found dead in Milburn Creek. As yet no tidings have reached of this reckless marauder, but if he still beats about his old run, his apprehension will only be a work of time. Sudden Death —An inquest was held upon the body of a married woman named Lily on Thursday, who had died suddenly on the previous day. From the evidence, it appeared that the deceased and her husband had been drinking for some time past, and that her untimely end was consequent upon her dissipation. A post mortem examination held by Dr. Connell, showed that she had been suffering from eruption in both legs, that her stomach was much inflamed, and the system generally disordered, from all which causes death had ensued. The house was in a wretched state of filth, rendering respiration a most unplea- santly odoriferous process, and to add to the squalor and misery of the scene her husband was found drunk by her side, and received the announcement of her death with an exclamation of ribald profanity. A verdict in accordance with these particulars was returned. Accident.— On Sunday last as Mr Henry Lee was riding a young horse up the bank of the river near the bridge, the animal swerved, when, to save himself from falling down the de- scent, which is both steep and high, he fell near the horse, and was either kicked or trampled upon so as to break his leg in two places. He was immediately conveyed home and profession-
ally attended by Dr. Machattie, under whose care he is progressing favourably. ASSAULT BY A CONSTABLE.—Constable Ed- wards, of the Bathurst police force appeared be- fore the Bench on the, 9th instant to answer the charge of assaulting butcher in the service of Mrs. Mutton. From the evidence it appeared that whilst "in a state of beer " the latter happened to come in contact with the said Mr. Edwards, who had recentlyre- ceived a staff appointment, and that after a brisk interview, with the nature of which nobody ap- pears to be acquainted, he inflicted a little p? evil upon the latter with his truneheon by which he was laid prostrate upon the earth and his temples laid open. As he had no reasonable ex- cuse to advance in extenuation of such a resort to physical force, he was fined in the sum of £? and dismissed from his appointment. OBSCENE LANGUAGE— Catherine Wright of Barrack Lane, was brought before the worshipful the P.M., on the 10th. inst., for taking indecent liberties with the Queen's. English. The case was clearly proved, and she was fined in the sum of 50s. for her pains. A CONFIRMED VAGRANT. — Maryann Chad- wick, a female well experienced in gaol disci- pline, was placed vis a vis with the worshipful Bench on Wednesday last, when it transpired that she was a loose and disorderly character and had spent about 2 years and 3 months of the last 3 years in gaol. Having nothing to allege
in extenuation of her manifold offences, she was ordered to be placed on gaol rations for another period of 3 months, and subjected to the strict surveillance of Mr. Chippindall's penal reposi- tory. CATTLE STEALING — Michael Russell of Camp- bell's River was brought up a few days ago for stealing certain cattle belonging to a resident of Goulburn, and was ordered to be forwarded thither for the disposal of the authorities. A LOOSE CHARACTER. — Jane Smith, a lady of easy virtue, was brought before the Bench, on the 16th inst, for unchaste conduct in the public street. The Police Magistrate read her a severe lecture which wound up by an offer, that if she would leave the town within 48 hours, the present offence would be overlooked She accordingly, " made herself scarce. HORSE STEALING. — Thomas Fording and William Snell, who were apprehrnded at King's Plains by Captain Battye, on suspicion of horse stealing, have been several times brought up for hearing, and are still remanded until they produce evidence, according to promise, to shew that they purchased the horse found in their possession honestly, which has since been claimed by Mr. John Yeo, after an absence of 3 years. Snell suspected of being an escapee from Van Dieman's Land. John Cihnamah.— Hong Kong, tho ownet a Chinese complexion and small pair of eyes, brought before the Court a few days ago, on a charge of horse-stealing. From the evidence it appeared that the accused was a servant of Mr. Maxwell's, by whom he had been sent on some errand and furnished with a horse. Instead how- ever of doing the bidding of his master, he found his way to Bathurst, where he offered the horse for sale, and was in consequence apprehended by Constable Herrick of the Orange Police. He was ordered to be forwarded to his own district to be dealt with. MELANCHOLY ACCIDENT;— On Thursday even- ing last, as Mr. James Blunden, brother to Mr. Henry Blunden, of the Black Bull Inn, was leaving town with his team, which was loaded
with supplies for his father's station, he was thrown down as was supposed when in the act of springing upon the shaft, when the wheel ran over his chest and head, which were so emaciated as to produce instant death. His remains were removed to the Black Bull Inn, where an inquest was held over him yesterday, resulting in a verdict of' accidental death.