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5 corrections, most recently by Felicia1963 - Show corrections

Bathurst Quarter Sessions.  

(Before His Honor Judge Dowling.) TUESDAY, 26th February,    

Robert Luak was brought up for sentence, anil in consequence of a report made by Mr. Chippendal! an to tha state of prisoner's mind, he whs sentenced to 15 months' imprisonment in Ftirrainatta Gaol. » £».

Stealing from a dray. Joseph Dilworth, Frederick Muller and Charles Cliff, were indicted for that they did at Mount Victoria, on the 24th December,   1860, feloniously steal 2 boxes 2 quarts gin, 1 box 10lbs soap, 1 box and 10 lbs tea, the property of John Aglan. A second count, charged prisoners with feloniously receiving knowing the same to be stolen. The prisoners pleaded not Guility. Mr. McIntosh appeared for the prisoner     Dilworth.     The Crown Prosecutor having opened the case, called         William Armstrong, who deposed: I am the   Chief Constable of Hartley; I know the priso-   ners they lived on the top of Mount Victoria in huts and tents, on both sides of the road; I received information on the morning of the 26th December, of a dray robbery, in consequence of which, I obtained a search-warrant   and proceeded with Mr. Aglan and another constable, to Dilworth's hut; Dilworth and   his wife were present; he said I might search;   I did so, and found concealed under a stretcher 6 bars of soap wrapped up in a piece of canvas; I asked him where he got the soap; he said the soap was his property, that he bought it, and that was enough for me: I   found in another room a bottle containing gin, in a red box in the same room I found another bottle of Gin; in another trunk I also   found another bottle of gin; they had all been opened! I found also 2 and a-half bars of soap in the chimney; I left the property in   charge of another constable, and I then went over to the other prisoner's tent and under a bed that Muller was lying on I found a bottle containing gin; I asked Muller   where he got it and he said he brought it in Hartley; Cliff said a man named Scotchy   bought the gin in Hartley; I afterwards went in search of the box of gin and box of soap that had been taken from the dray; and con- cealed under some stones I discovered a box containing 8 bottles of gin, a box with some soap in it, and after some more searching I found another box containing 13 bottles of gin the boxes had been opened; the prisoners were present, and the prosecutor and Agland identified the boxes as a part of his loading. Cross Examination by Mr McIntosh: The dis- tance between Dilworth's hut and the other

prisoners is about 50 yards; he made no objection to my searching; the soap in the   chimney or fire-place was not concealed; I   produce the property found; the boots pro-   duced were taken off the prisoner's feet in Hartley. By the prisoners Muller and Cliff: No questions.   By his Honor: The soap I found at Dil- worth's and what I found in the box are of the same brand and correspond exactly. John Aglan deposed: I am a carrier; I re-         member December 24th last; my dray broke   down on Mount Victoria; I took my horses   put and went down to Hartley to see for another dray to take the loading; I returned the same evening and found the dray all right; it rained hard, and I went away again   to Hartley to sleep; on the following morning   I returned to the dray, and missed two cages of gin; I saw tracks which went in the direction of prisoner Dilworth's hut, but which disap- peared in consequence of the heavy rain; I   went to the hut and asked for a light of my pipe and a drink of water; Dilworth was sitting outside, and I observed one of his boots, as he had one leg over the other, and it struck me as corresponding with the tracks from, the dray. The remainder of this witness's evidence was merely corroborative of that of last witness. (This witness here com- pared tho soap found in the box and that in prisoner Dilworth's hut, he also tasted the gin and gave it as his opinon that it was the same the cases, as that found in the hut.) The case closed for the Crown.   Mr. McIntosh then addressed the Court on behalf of prisoner Dilworth. The prisoner said in defence that there were men besides himself lived in       the same hut. Cliff had nothing to say. Mr. McIntosh called,   Caroline Dilworth, who deposed that in   November last, she came from Sydney, where she had purchased for her father, 4 bottles of gin and a quarter hundred-weight of soap; the box, came from Sydney in December; the soap was kept in a wrapper under the bed, part of it was put in tho fire-place to harden; the gin   was kept in a box. This witness underwent a rigid cross- examination, but her evidence was given in a very clear manner and did not appear to be shaken.   The Crown Prosecutor replied and his Honor having summed up, the Jury retired for about 20 minutes and brought in a verdict of Guilty of Larceny against all the prisoners. Sentence: Each twelve months' hard labour  

in Bathurst Gaol. ? ?-????????? Cattle-stealing. John Graham, (on bail), was indicted for, that he did at Brandy Creek, ou the 19th January,. 1861, feloniously steal ono oow, and heifer and onn steer, the property of John Palmer. . The prisoner, who wai defended by Mr. Wadeson, plcadod not Guilty. The Crown Prosecutor opened tha case against the prisoner and culled John Palmer, who deposed : I live near Tarn baroora ; I possess somo atook ; I live with my father and mother ; the cattle run near Tarn baroora s in Janusry hist I. was employed making a Government road about 5 miles from Tnm baroora; I saw tho prisoner there between day break and sunrise on the 17th January j I heard tho dogs bark ; : I saw somo person coming up with somo cittlo ; I waited until he carao up and asked what he was doing with the cattle, he said he thought that one of them bolonged to a man named Statham ; he then came to our fire and out some tobacco for his pipe, mounted his horse and rode away ; he was driving the cattle in the direction of Tumor's slaughtering-yard \ he was not driving them in the direction of Stathsm's ; there were three head of oattle ; they were all my Froperty ; there was a oow, a heifer, and a steer ; traoked the prisoner and the cattle for, three milea ; the cattle were branded V on the jtw, Bhoultior aud hip, and the cow had FM2'on the rump. Cross-examined V The hoifer was white with a brindle head and rump j tho eow was a yellow nnd white one ; I-J know Henry Graham, a witness: ho gave evidence at tho Police Ofttoe about the brands, ho stated what was correct. ; I know a man named Turner .? I do not know that ho occupies somo thousands of acres there ; I don't know what my father's name wasj — (Laughter) — Ho is dead ; I have always gone by the name of John Palmer. ' ' .?'=;' Henry Graham being sworn, doposed : I know the lost witness ; I was camped with him in January last, we were cutting a new line of road: I remember being called by Mm on the 17th, in the morning between daybreak and sunrise, I saw the prisoner driving thrco hend of cattle ; tho last- witness called out to him ns ho was turning -up a gully going towards Turner's sliughter-housc, and aiiked him whero ho was iroing.with the oattle: prisoner said he belioved one of them belonged to a man named Statham. (The remainder of this witness ovidonco was simply corroborative 'of the formeV witnesses evidence). In the crosB-examination nothing materiil was elicited. William Palmer deposed ; I rlid not murry Mary Hanloy ; the witness John Palmer is no rclntion of' mine. (Tho remainder of the evidence corroborated tbat of the two former witnesses.) Air. Chambers put in the prisoner's Statement made upon his oxaminntioii which closed tha cose for tlio Crown. ? - Mr. Wadeeon addressed tho Court on behalf of the prisoner and called, William Turner who said the prisoner was in his service ; stated that be and his. father-in- law had 6 orQ sections of land between them;

and that prosecutors tent— where they were ' making the road, wjs either on his or his father- : iri-law's land ; the'' cattle must have been also i on their land j the prisoner had authority to i pound, any cattle that was on the ran belonging ' to persons they did not lmow ; but not to ponnd cattle belonging to perJona they did know. Corporal Kellj; nnd Corporal Wallons of the ; Gold Police, and William Loyd of Tambaroora, ; nave tha prisondr-pm excellent character for ' seven or eight jearsl The Crown-proaecutor replied, his Honour ?utuuied up andth^iury afteraihort deliberation arquitt«d tho urispjer. ' larceny. Adnm Pindleberry (on bail) was indicted for that he did, at Avisbrd, on the 1st December, 18G0, feloniously steal one pair of boots, the property of John Dotrell. ? ? - Plea, not Ruilty./ ? ? Mr. VVadeson appeared for the prisoner. Serjeant Pricedenoswl to the apprehension of the pruoner, an! of having got tha boots pro duced, from Papwtrth. John Dowell denwed, that he bought a pair of boots from Mrs. Sbrritt, and paid 25s for them ; he took them to lis tent and tied th-rn up in a bundle ; that va- -n a Tuesday, and he lost them on Saturday ; he niiteel them about midnight ; knows prisoner ; lp was living; at Avisford when the bundle was lot ; tho boots were marked ' G 25 1, jjAtie & Co., Paris made ;' the first time he saw them, after liolost them, they were in thn hands of Ihe Polici; the boots now produced are the same that le bought from Mrs. Merritt George Merritt leposed that he kept a store at Avixford ; lie was lot in the storejwhen his wife sold last-witness tie boots produced ; they bore his private mark ; Dowell had the boots in his poiBession when he paid for them ; witness eaw him witU them j Imew tho boots produced j knew tho mark on the sole lo be -»'» own writing ; never sold a pair to the priioner. Bridgett SIcrritt proved having sold the boots to Dowell, and identiuoj them ; could not tell how miny pairs of tho mi e boots had boon sold during tho previous fortnight. Arthur Pupworth depoied that he bouyht four pairs of damaged boots torn prisoner ; ono pair was afterwards- claime I br John Doweil, as his property : it was sometine in January that ho bought tho boots of tlic risoner ; never saw the prisoner before he hough the boots from him ; tha prinoner asked him i ho wanted to buy any ladieB1 boot*; ho purchnrd -1 pairs of him; there were I wo pairs of ladW boots; Serjeant Price got the boots from him jWavo 7s per pair fir them ; tho boots producil he believed to bo the same ho iiu'oIibsoI from j-isoner. Mr. Widenoti addressei the jury in. defence, and His Honor having umrncd up, the jury returned a verdict of Guily. Sentence, — 1 months' lord labour in Bathurst Gaol. ' V \