Bathurst Quarter Sessions.
(Before His Honor Judge Dowling.) TUESDAY, 26th February,
Robert Lusk was brought up for sentence, and in consequence of a report made by Mr. Chippendall as to the state of prisoner's mind, he was sentenced to 15 months' imprisonment in Parramatta 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 prisoners 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 concealed 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 distance 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 produced 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 Dilworth's and what I found in the box are of the same brand and correspond exactly. John Aglan deposed: I am a carrier; I remember December 24th last; my dray broke down on Mount Victoria; I took my horses out 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 cases of gin; I saw tracks which went in the direction of prisoner Dilworth's hut, but which disappeared 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 compared the 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 the 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, on the 19th January, 1861, feloniously steal one cow, and heifer and one steer, the property of John Palmer. The prisoner, who was defended by Mr. Wadeson, pleaded not Guilty. The Crown Prosecutor opened the case against the prisoner and called John Palmer, who deposed : I live near Tambaroora ; I possess some stock ; I live with my father and mother ; the cattle run near Tambaroora ; in January last I was employed making a Government road about 5 miles from Tambaroora; I saw the prisoner there between daybreak and sunrise on the 17th January ; I heard the dogs bark ; I saw some person coming up with some cattle ; I waited until he came 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 cut some tobacco for his pipe, mounted his horse and rode away ; he was driving the cattle in the direction of Turner's slaughtering-yard ; he was not driving them in the direction of Statham's ; there were three head of cattle ; they were all my property ; there was a cow, a heifer, and a steer ; tracked the prisoner and the cattle for three miles ; the cattle were branded P on the jaw, shoulder and hip, and the cow had FM2 on the rump. Cross-examined : The heifer was white with a brindle head and rump ; the cow was a yellow and white one ; I know Henry Graham, a witness: he gave evidence at the Police Office about the brands, he stated what was correct. ; I know a man named Turner ; I do not know that he occupies some thousands of acres there ; I don't know what my father's name was ; — (Laughter) — He is dead ; I have always gone by the name of John Palmer. Henry Graham being sworn, deposed : I know the last witness ; I was camped with him in January last, we were cutting a new line of road: I remember being called by him on the 17th, in the morning between daybreak and sunrise, I saw the prisoner driving three head of cattle ; the last witness called out to him as he was turning up a gully going towards Turner's slaughter-house, and asked him where he was going with the cattle: prisoner said he believed one of them belonged to a man named Statham. (The remainder of this witness evidence was simply corroborative of the former witnesses evidence). In the cross-examination nothing material was elicited. William Palmer deposed ; I did not marry Mary Hawley ; the witness John Palmer is no relation of mine. (The remainder of the evidence corroborated that of the two former witnesses.) Mr. Chambers put in the prisoner's Statement made upon his examination which closed the case for the Crown. Mr. Wadeson addressed the Court on behalf of the prisoner and called, William Turner who said the prisoner was in his service ; stated that he and his father-in-law had 5 or 6 sections of land between them;
and that prosecutors tent— where they were making the road, was either on his or his father-in-law's land ; the cattle must have been also on their land ; the prisoner had authority to pound, any cattle that was on the run belonging to persons they did not know ; but not to pound cattle belonging to persons they did know. Corporal Kelly and Corporal Wallons of the Gold Police, and William Loyd of Tambaroora, gave the prisoners an excellent character for seven or eight years. The Crown-prosecutor replied, his Honour summed up and the jury after a short deliberation acquitted the prisoner. LARCENY Adam Pindleberry (on bail) was indicted for that he did, at Avisford, on the 1st December, 1860, feloniously steal one pair of boots, the property of John Dowell. Plea, not Guilty. Mr. Wadeson appeared for the prisoner. Serjeant Price deposed to the apprehension of the prisoner, and of having got the boots produced, from Papworth. John Dowell deposed, that he bought a pair of boots from Mrs. Merritt, and paid 25s for them ; he took them to his tent and tied them up in a bundle ; that was on a Tuesday, and he lost them on Saturday ; he missed them about midnight ; knows prisoner ; he was living at Avisford when the bundle was lost ; the boots were marked ' 6 25 , Lane & Co., Paris made ;' the first time he saw them, after he lost them, they were in the hands of the Police; the boots now produced are the same that he bought from Mrs. Merritt. George Merritt deposed that he kept a store at Avisford ; he was not in the store when his wife sold last witness the boots produced ; they bore his private mark ; Dowell had the boots in his possession when he paid for them ; witness saw him with them ; knew the boots produced ; knew the mark on the sole to be his own writing ; never sold a pair to the prisoner. Bridgett Merritt proved having sold the boots to Dowell, and identified them ; could not tell how many pairs of the same boots had been sold during the previous fortnight. Arthur Papworth deposed that he bought four pairs of damaged boots from prisoner ; one pair was afterwards claimed by John Dowell, as his property : it was sometime in January that he bought the boots of the prisoner ; never saw the prisoner before he bought the boots from him ; the prisoner asked him if he wanted to buy any ladies' boots; he purchased 4 pairs of him; there were two pairs of ladies' boots; Serjeant Price got the boots from him ; gave 7s per pair for them ; the boots produced he believed to be the same he purchased from prisoner. Mr. Wadeson addressed the jury in defence, and His Honor having summed up, the jury returned a verdict of Guilty. Sentence, — 4 months' hard labour in Bathurst Gaol.