The Star (Ballarat, Vic. : 1855 - 1864)(about) |
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Saturday 21 September 1861
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2 corrections, most recently by bernadette.connellan - Show corrections
EASTERN POLICE COURT.
Friday, 20th September.
(Before S. T. Clissold, Esq.., P.M., and S. T.
Bradshaw, Esq., J.P.)
DRUNKENNESS.- Jane Cambell, an old woman with, a rubicond countenance, who
came to the Police Office on the day pre-
vious for a summons, whilst in a state of intoxication, was fined 40s.
A LITTLE CHATTER ABOUT A MAGPIE.- Mary Jewell, a respectably attired woman, was charged with stealing a magpie valued at £20, from a Mrs Richards, on the Main road. The prosecutrix de- posed that the bird now produced was her property. She valued it at £20, and had it for four years. It only cost her 25s. when she bought it. On the previous
evening she heard the bird screaming and sent some person to see what was the matter. - It was found that the accused had the bird in her possession. The magpie was running about the road. Mr Lewis at this stage appeared for the accused. John H. Smith, a waiter, deposed that the magpie was Mrs Richards'. He knew it by a mark on one of the claws. Witness heard the bird screaming on the former evening, and went out and found it concealed under the shawl of Mrs Jewell. She claimed it as hers, but at the solicitation of witness she put it on the ground, but again took it up and claimed it as hers. Witness said he would give her in charge, and she said she would give him in charge. The constable then came by and witness gave her in charge, and signed the book at the watch house. He did not believe she took up the bird with a felonious intention. Mr Lewis said it was a case of mistaken identity. Thomas Ryan, constable, deposed that the last witness gave Mrs Jewell in charge for stealing the magpie. She said she would go to the lock-up, but dared Smith to give her into custody, as the magpie was her property. Mr Lewis said he would call witnesses to prove that Mr Jewell had a bird similar to the one in
court. The bench said it was not necessary, as Smith had declared that the bird was not taken with a felonious intent. Mrs Jewell should be discharged.
(Mr Dyte here took a seat on the Bench.}
FLY-BY-NIGHT IN A DIFFICULTY.-John Bowes, a young cornstalk, was charged with breaking-in the door of Mary Anne Harvey about 2 o'clock in the morning. The prose- cutrix deposed to the damage done to her property by the prisoner, who demolished the door with stones. Anty Malony deposed that the prisoner kept up a discharge of stones at the door for fully ten minutes. Constable Eaton deposed that he found the prisoner in a cart driving away from the place as fast as he could go, and the prose- cutrix after him. He took the prisoner into custody. Mr Sub-inspector Downing said the prisoner was known by the cognomen of " Fly-by-night." The Bench said the priso- ner's "Flying-by-night" would yet lead him into a more serious scrape. He should be fined 40s and pay 12s damages, or three days' imprisonment.
ROBBING AN M. L. A.-John Hannon was was charged with stealing a saddle and bridle from the premises of Mr Smith, of the Township. Mr Sub-Inspector Downing ap- plied for a remand until Monday, as Mr Smith was in Melbourne. Granted.
VAGRANCY.-John M'Carthy was brought up on remand, charged with vagrancy. Mr Randall appeared for the prisoner, and called witnesses for the purpose of giving the prisoner a character. He was discharged after receiving a caution to leave the town.
CAUSE LIST.
Healey v Nankervis ; no appearance. Bloomer v Booth; postponed with costs of the day against plaintiff. Town Inspector v Dempsy and Fitzgibbon, for depositing rub- bish on a macadamised street Mr Randall appeared for the defence, and called Cr Rowe to prove that the rubbish was not deposited on the street, but on the sides of it. In cross-examination by the Town In- spector he said that the defendants dealt with him for iron, and had asked him to give them a certificate that his contract had been creditably executed. To the Bench Was not one of the Public Works Commit- tee. Mr Hayes-You have proved nothing at all. Fined £5 and costs. Same v Jones, for exposing goods for sale on the footwalk. The Town Inspector called Mr Anwyl to prove the case. A young man from Mr Jones's establishment said that he was the party who hung the articles out, and he thought that there was no harm in it so far as the law was concerned. Fined 40s and costs. Pinkett v Lee and others, £6 work; dismissed. Hogg v Bergenstein, £6, rent ; order for amount. Steinfeld v Walker, £3 8s 6d; order for amount Bellfield v Walker,
damages for an assault; plaintiff was sent by Mr Steinfeld for the debt for which an order was made in the last case, and received prompt payment by a blow in the eye; de- tendant did not appear; order for 40s and 20s costs. Burton v Sincock, £1 15s, work; order for amount. Week v Kelly and
others; settled. Gibbings v O'Malley, £10, horse hire; Mr Hardy for defendant; plain- tiff said defendant hired the horse for Mr Frazer, ML.A., and in a note to plaintiff he said he would be responsible for the hire; he would not let Mr Frazer have a horse for
any amount; and when the horse came back it was not worth within £10 of its former value; the animal was all girth-galled, and was at Back Creek and other places; Mr Thompson of the Mining Board had come to him for the horse, but he refused to give
the animal to him tor Mr Frazer, and Mr O'Malley then became surety for the amount. Mr Hardy called. Mr M'Lean, of the Emeu Hotel, to prove that £2 10s and £3 10s a
week was fair par for a horse. Mr Clissold -.Would you let a horse to canvass all through the Creswick district for £2 10s per week? Witness-I would give a horse for £3 1os per week. In reply to plaintiff, witness said the horse was certainly girth- galled, and had a sore on his back. He told Mr Frazer the horse was not in a fit state to be ridden, and when Mr Frazer saw the state of the horse he got another. Michael O'Malley, the defendant, deposed that £3 a week during election times was a fair charge. O'Connor let horses for this amount. Mr Lewis-Yes, and he killed three in one week, and actions are pending in the County Court against him for them. Order for £7 10s and costs. Snowball v Jennings, no appearance. Hoskings v Grenville, and Rodway v Kitchenman, no appearance. M'Farlane v Richards, £1 10s; order for amount and costs. Lazarus and Levinger v Wallis, £5; order for £3 5s. Connellan v Richardson, no appearance. Craddon v Morgan, £4 11s 9d; order for amount. Scott and others v Millar & Pengh, postponed until Monday. Doran v Connell, damages for an assault at the Navigators' Village; dismissed.
The Court then adjourned.