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2 corrections, most recently by lyndyc - Show corrections

MAITLAND CIRCUIT COURT.

This circuit commenced before his Honor Sir JAMES DOWLING, Knt., Chief Justice, on Wednesday last. His Honor arrived at Morpeth by steamer on Tuesday morning, and was escorted into town by E. D. Day, Esq., P.M., and other magistrates and gentlemen of the district. On Wednesday morning his Honor attended divine service, the Rev. Gs K. Rusden M.A. reading prayers, and the assize sermon being preached by the Rev. Charies Spence,

M.A.

At twelve o'clock the assize was opened at the new court-house, lately erected and fitted up by Mr. Mayo, of East Maitland. The Chief Justice was attended by Mr. À. M. Ritchie,as clerk of assize and associate ; and by Mr. Prout, as sheriff. After the proclamation against vice and immorality was read, and the the jury lists called over, the Chief Justice delivered the following

CHARGE

The forms preliminary to the solemn duties on which we are now about to enter, having been thus observed, I might have been excused for proceeding at once to the despatch of business, without any introductory observations ; but, lest expectation should be disappointed in this particular, I indulge with satisfaction in the opportunity thus afforded of contrasting the aspect of the present with that of the last

Maitland circuit.

The functions of the Judge and jury on   that occasion were not only laborious, but fearful beyond precedent. On this the difference is so striking, that the grateful duty devolves upon the bench of offering congratulations on the absence of many of those cases which have heretofore cast a dark shadow on the moral character of the population, and brought forward in prominent relief the deformity of crime.

" Few in number, and mitigated in quality, the list of offences now before us would seem to yield conviction that the sword of justice has

not been borne in vain.

"I persuade myself, therefore, that at this assize our duties will be light, and our feelings comparatively unharrowed by the degradation

of our fellow creatures.

"We have no case of murder, nor any of highway robbery with violence.

"Cattle stealing, if not entirely suppressed, is at least lulled into inactivity, as far as can be discovered from the difficulty of detection. The paucity of these cases may, I fear, be ascribable more to the depreciated value of stock, in the present prostration of rural wealth, than to inaptitude for unlawful traffic in such property.

" The crime of forgery is not so abounding as formerly, which may also, perhaps, be attri- butable, less to the expert ingenuity of vaga- bond dishonesty, than to the doubtful solvency of those upon whom such frauds have hitherto been most frequently committed. It is satis- factory, however, to mark the diminution in number of these cases, and the lessening of our

anxious duties at this season.

" There are, indeed, some offences which will invite your serious attention.

" The calendar, I perceive, exhibits a case of violence towards a married woman, under cir- cumstances of imputed aggravation. When this comes on, your vigilance will be awakened in applying the tests by which the truth of such painful charges is evolved.

" I regret to observe that there is another of those embarrassing incidents which have so frequently arisen from the juxtaposition of civilised men with hostile tribes of aborigines.

"This is the case of a wild savage of the woods (regarded in the eye of the law as a responsible British subject), charged with wounding with intent to murder a white man, in the district of Moreton Bay.

" Surrounded by almost insuperable difficulties as is the application of our laws to men in the civilised and in the savage state respectively, with anything like seeming equality, it must be our careful and anxious province to sift this case to the very bottom, and see, if possible, that evenhanded justice is dealt out, so far as the appliances thereto will enable us to arrive at a satisfactory conclusion.

" Mutual persuasion that the laws of England will be impartially administered on such occa- sions will, I trust, avert the dreadful consequence of a war of extermination, or a sanguinary struggle for ascendancy, between the native lords of the soil, and those who, under the en- couragement of the crown, have entered on the confines of barbarian dominion. Let us study to effect such a conviction in the minds of both races of our fellow men, and this, as a human tribunal, will have performed the duty prescribed by our institutions.

"The calendar calls, at present, for no other

remarks.

" Since the last circuit court holden in this

place, an experiment has been in operation of the deepest importance to the peace and welfare of rural districts.

" The exigencies of the times have, it would seem, imposed upon the Legislature the impera- tive duty of restricting the number of stipen- diary magistrates to a few particular places.

" Whatever evil might have been anticipated from so sweeping a measure, it has not come to my knowledge that, practically, any serious

mischief has arisen from the reduction.

" Indeed, I am rejoiced to be informed that, on the contrary, it has awakened a spirit of activity and zeal amongst the gentlemen in the commission, to meet the contingency, in a man- ner alike honorable to themselves and beneficial to the public.

" It is well known that in the numerous body of gentlemen holding so prominent and respon- sible a position there are many who, from their education, intelligence, and aptitude for busi- ness, are as well qualified for the office as any men in other parts of her Majesty's dominions.

" There was a time when, from necessity, the office was cast almost entirely on military gen- tlemen on full pay. Since then scope has been afforded to the crown for making additional appointments more congenial to the spirit of the times, and not less consentaneous with the reasonable prejudices of civilian life, without, however, impugning the fitness of earlier se-

lections.

"Many gallant spirits, after sharing the glories of the last war, have turned their swords into ploughshares, and are now settled down with us as peaceful citizens; the learned professions have severally contributed their portions in raising the moral and intellectual standard of our community; the business habits and shrewd- ness of the merchant have found their way amongst us ; the sterling good sense, enterpris- ing spirit, and high tone of the country gentle men of the United Kingdom are represented by their sons, who, being liberally educated, have chosen this as their home, and the scene for honourable industry; and last, (and I delight to

say) "not least," the native talent of the colony is now developing itself, for sons of the soil have arrived at manhood, and many have taken a proud and distinguished station in the ranks of her Majesty's loyal subjects.

" From those various classes the magistrates of the-territory have been chosen, and strange indeed would it be if there were any lack of exertion to supply the gap which the pressure of the times has made in the roll of stipendiary justices.

"Every motive of honorable ambition-of patriotism-ofrespeetforthemselves-of interest in strengthening the bonds of society-of useful- ness in taking a large share in the justice of the country-of economy in lightening the public burthens of their districts-nay, of independence of the supposed influence of the crown in the nomination of paid officers, prompt them to obey the call which has been made upon them

in this crisis.

" I am rejoiced to learn that this call has not been made in vain, and that the different benches throughout this circuit are now attended regularly by gentlemen of the neighbourhood, who are taking an active interest in the repression of crime and the maintenance of good order, relying on their own exertions for upholding the respect which is due to the laws of the country.

"Much as the tax upon time and trouble may be felt, in travelling to places where petty sessions are usually holden, there can be no doubt that with a litile arrangement this may be much lightened.

" By the establishment of a rotation list, the gentlemen of a district may, by punctual attendance at the place appointed, take their turn of duty, and thus divide the labours of the

bench.

"Indeed, courtesy to each other, if not a sense of absolute duty, requires such an appoint- ment between the conservators of the public peace. With cordiality, unanimity, and mutual respect amongst themselves, they will find their functions easy, though responsible ; and I doubt not their usefulness will be duly appreciated by a grateful public.

" I have been drawn into these observations

without premeditation, but 1 trust they will not be taken amiss by a body of gentlemen for whom I entertain the sincerest respect, and with whom I sympathise cordially in maintaining inviolably the end and purpose for which the magisterial office is instituted.

" I cannot close the few observations with

which I have ventured to premise our proceed- ings, without noticing that the very convenient

court house in which we are now assembled is a dedication alike honourable to the public spirit and to the private munificence of an individual citizen of this town. In a country in which, unhappily, judicial functionaries are required to spend the larger portion of their lives in the public service, with something of an abstinent regard for the convenient accommodation of places set apart for celebrating the sacred rites of justice, it indeed becomes a duty to recognise, and gratefully to acknowledge, as I do most emphatically on the part of the Judges, and of the public, the individual liberality of Mr. Mayo, whose name, I trust, will stand recorded as a benefactor to Maitland."

BIGAMY.

Elizabeth Danford was then called, but did not appear.

The Attorney General informed the Court that this woman had been in prison on a charge of bigamy, but had been discharged hythe order of his Honor Mr. Justice Stephen, on the ground that she was not tried at the appointed time. The proceedings were commenced against her in July last, at the Patrick's Plains bench, but the depositions had to be sent back on account of the certificate of the first marriage not having been proved, and they were not again received in his office until the 9th September, only two days before the last assizes commenced, so that it was impossible she could be tried at that time. Previous to her discharge, however, she had received notice of trial for the present assizes, and he thought there must have been some mis- take in discharging her. The case was too im- portant to be tried at the Quarter Sessions, and as the witnesses were now in attendance he would place the information on the file, and apply for a bench warrant for her apprehension.

His Honor said if a short affidavit of the circumstances were made he would grant a warrant, and the woman might be brought forward and tried on Monday next.

BURGLARY.

Peter Kelly was indicted for burglariously entering the dwelling house of Thomas Abraham Johnson, at Dungog, on the 11th December, 1843, and stealing therefrom a silver watch.

It appeared that the prisoner had been in the service of the prosecutor for about ten days previous to the day of the rohberry, hut that he was discharged on that morning. The bedroom window was usually fastened with a nail, but the weather being hot it was left unfastened, and about twelve o'clock on the night mentioned in the indictment Mr. Johnson heard a noise

like the opening of a door, and on getting out

of bed he observed that the window was raised and a man half in the room. Prosecutor seized him by the hair, hut it was short, and he got away, but was soon afterwards taken in bed. In about twenty minutes afterwards the watch which had been taken from the room was found in the yard. Prosecutor had no doubt whatever as to the identity of the man.

The prisoner called Mr. Haylock, innkeeper, of Paterson, who gave him a good character, and also the chief constable of Paterson, who stated that he knew nothing bad of him.

The jury returned a verdict of guilty, and the prisoner was remanded.

PERJURY.

Mary Ann Clifton was indicted for perjury committed before the Maitland bench, in a case of assault, on the 17th November, 1843.

It appeared from the evidence that on the 17th November Denis Slatterie, a stockman at a station of Mr. James Halfpenny's, Mulberry Creek, summoned a woman named Monnix to the police office for an assault, and the prisoner was called for the defence, when she swore that Slatterie assaulted Monnix, and kicked her so severely in the bowels that she fell, and the prisoner Clifton picked her up, and that she was much hurt. This evidence was contradicted by Slatterie, and also by his employer, Mr. Halfpenny, and his nephew, who all swore that Slatterie had not kicked, nor in any way struck Monnix, but that she assaulted him. The prisoner called no witnesses, and after the case was closed his Honor briefly summed up, stating the law as it regarded perjury, pointing out the importance of the case, both as it regarded the prisoner at the bar, and public morality, of which they were the guar- dians. If they had any reasonable doubt as to the evidence which they had heard, they would give the benefit of that doubt to the prisoner,

but if they believed the evidence they would return a verdict of guilty.

The jury, without retiring from the box, returned a verdict of guilty, and the prisoner

was remanded.

ASSAULT WITH INTENT.

Robert Fleming was indicted for an assault, with intent to commit a rape, upon Ann Hays, a married woman, aged fifty years, at the Greenhills, on the 81st October, 1843.

A great number of witnesses were examined, both for the prosecution and defence. The prosecutrix swore positively to the prisoner, and

also that he had committed the offence. The

prisoner in his defence, attempted to show that the prosecutrix was drunk, that she knew not what she was about, and that she was not a woman of good character.

The jury returned a verdict of guilty, and the prisoner was remanded.

The Court then adjourned.

(Continued in page 2.)

lKLaXTX«AXirD CIRCUIT COURT.

(Continued from page 4.)

CRIMINAL SIDE.-THURSDAY, MARCH 14.

STEALING ORDERS.

His Honor took his seat upon the bench shortly after ten o clock, and

John Keefe and Robert "Whately were in- dicted, the former for stealing, and the other for receiving, knowing them to be stolen, two orders, of the value of £5 and £2 respectively, the property of Thomas Byrnes, at Brisbane, on the 1st November, 1843.

It appeared from the evidence that the prose- cutor was at Brisbane on the day in question, and treated several men at a public house kept by a person named Roland; amongst them was the prisoner Keefe. The prosecutor changed an order for .£11 10s. and received a £5 and a £% order from Mr. Roland ; he afterwards got beastly drunk, and went to sleep under a dray. On awaking the next morning he found his orders had been taken out of his pocket, together with two knives. A person named Lidyard saw Keefe take some papers out of Byrnes's pocket, which he said he was taking for safety ; he afterwards got drunk and was fighting, and called for his waistcoat, saying that he had £7 of Tommy Byrnes's money in his pocket which he was keeping for safety. Both the prisoners, in com- pany with a woman, afterward purchased some slops at Mr. Harris's store, for which Keefe paid^ with a £5 order, which was afterward indentined at the police office hy Mr. Roland as the one he had given to Byrnes. Whately took up the change. Both the prisoners denied the charge, and his Honor having summed up, the jury returned a virdict of guilty against Keefe, Whately not guilty. Keefe was remanded for sentence.

NEW MAGISTRATE.

Charles Fredrick Hamilton Smith, Esq., was sworn in a magistrate of the territory.

FORGERY.

Thomas Grantham was indicted for forgery, in having uttered certain forged orders at Jerry's Plains on the 15th August, 1843, with intent to defraud Richard Alcorn.  

The Attorney General opened the proceedings

by staling the circumstances of the case, and called , ^

Richard Alcorn, who deposed that prisoner and a man named Smith came to his house about 18th August last, and dined and slept there ; the next morning prisoner tendered in payment a cheque drawn by Mr. Henry Denison, on the Commercial Bank, for £2, for which he gave him change. The cheque afterwards proved to be a forgery, and he had the prisoner appre- hended. In answer to questions. from the prisoner's counsel, he said he remembered prisoner having been at his house once since, but he did not then know the cheque to be forged.

Joseph Rayner Smith deposed that he accompanied the prisoner to Mr. Alcorn's, and that prisoner in the morning paid Mr. Alcorn with a £2 cheque, to which prisoner put his name, and Smith put his also as a witness, both at the request of Mr. Alcorn. He did so, having known the prisoner three or four years, and always found him a quiet man.

Edward Courtenay deposed that he was cashier at the Commercial Bank, and that the cheque was decidedly a forgery. Mr. Denison had an account at the bank, but the signature

was not at all like his band.

The prisoner, in defence, called Robert Fitch, who deposed that he was present when prisoner received the cheque from a man named Rolands, residing at Patrick's Plains, and gave him change for it in small orders. He could not read well, but he knew it was a £2 cheque on the Commercial Bank, and by Mr. Henry

Denison.

This witness was cross-examined by the Attorney General, who elicited a very humourous spelling from him of the ch?que. Rolands lived only a mile or so from him, but he could not tell why he was not brought up. He had told the Singleton police of Rolands having given Grantham the cheque.

His Honor summed up, and the jury, after a short deliberation, returned a verdict of not guilty.

ASSAULT BY AS ABORIGINAL.

Mickey Mickey was indicted for having assaulted William Sinclair with a spear, at Sandy Creek, on the 19th October, 1843, with

intent to murder him.

After some difflcnlty in trying the capability of the interpreter to explain his language, - Taylor was sworn to interpret faithfully and to the best of his ability to the aboriginal and for him what passed. Mr. 1 urefoy was requested

to act as counsel for him.

The Attorney General opened the proceedings,

and called

William Sinclair, who deposed that he was employed as a labourer on a station of Mr. R. Jones's, about 60 miles inland from Moreton Bay. A shepherd named Slight, and a hutkeeper named Welsh, also lived on the station. On the morning he was attacked Slight and him parted about ten in the morning, to look after their flocks. About ten minutes after, while passing alongside a scrub, a spear passed by his leg, and looking round he saw about twenty blacks rushing out and coming as to surround him. He ran back, keeping his face towards them, and they followed; he pointed his gun towards them, hut did not fire. One of them threw a waddie at him, which missed, and immediately a shower of spears were thrown by them, seven of which struck him. He still ran, and waddies and boomerangs were thrown at him, one of which struck him heavily on the back, and knocked him down ; he got up again, losing his gun in the fall, and presently got into the road, where he saw his companion Slight coming towards him. On* seeing Slight the blacks fled. He knew only the prisoner among the blacks, and him he knew well, . having frequently.given him food when he had been at the station. He vas positive as to his identity.

Cross-examined by Mr. Purefoy :-Witness had no doubt of the prisoner's identity ; he did not tell Slight of having seen him among the blacks ; did not inform any one of it till the prisoner was brought to him, while he was in hospital, by the military, when he knew him again immediately. He spoke to prisoner, but did not say anything of the assault ; the scrub was close when the affair occurred. He saw prisoner throw one spear.

This witness's evidence waB then interpreted to the prisoner, who said he was at the scrub, but did not wound Sinclair ; a black man named Jackey Jackey was the man, and another named Peter ; witness was prisoner's brother.

William Dorcey, being sworn, deposed that he was a surgeon at Limestone, Moreton Bay, and that sometime in October last the witness

Sinclair was put under his care, suffering from several severe wounds, one of which was dangerous. He was under his care 16 or l8 days. He was perfectly collected when brought to him, though a little excited by the heat of

the sun.

Mr. Purefoy, having raised a point which was overruled by hi9 Honor, proceeded to address the jury in an eloquent speech, dwelling forcibly on the weak points in the evidence.

His Honor summed up, and addressed the jury in a solemn manner on the importance and difficulty of their duty in such cases as this, in which they were bound, while making due allowance for the unprotected native, to admin- ister equal justice to all.

The jury retired for about half au hour, and returned a verdict of guilty. The prisoner having been informed of the decision by the interpreter was remanded for sentence.

The court then adjourned.

FRIDAY, MARCH IS.

His Honor took his seat upon the bench at ten o'clock, and George Jenkins and Thomas Hall, Esqrs., took the usual oaths as magistrates of the territory.

CATTTLE STEALING

James Ireland was indicted for 'stealing two cows, a bull, and a calf, the property of Mary M'Intyre, at Paterson, on the 23rd Becember, 1843.

Mr. Purefoy appeared for the prisoner.

From the evidence it appeared that the prisoner rented a farm of about 200 or 300 acres on the Paterson, and in consequence of some information the chief constable of Paterson and Mr. D. Watt, Miss M'Intyre's overseer, went upon his run on the 23rd December last, and found a cow and a bull upon the run of Mr. Boydell, which they took to   tlie prisoner, who claimed them as his own, and said he had purchased them from a man named Patrick Good, who had been sometime dead, nnd was until a fortnight of his death in the service of Miss M'Intyre, and had been in the service of the late Peter M'Intyre for nearly thirteen years. The prisoner went with the chief constable and Mr. Watt to a place about a mile distant, where there was another cow, which had but lately calved, which the prisoner also claimed as his property. These cattle were identified by Mr. Watt as the property of Miss M'Intyre. They were branded with the prisoner's brand, which was a similar brand to Miss M'Intyre's; but which the chief constable and Mr. Watt both said was a defaced brand, a part of the prisoner's being added to the old brand. On the part of the crown it was further shown that Miss M'Intyre had never given authority to Good to sell any cattle for her, although he had sold cattle ; but it was not distinctly proved that he had no such authority from the late Mr. M'Intyre. On the examination of the prisoner before the Paterson bench his brother produced the receipts for the cattle, which he had   before refused to do, and said he would not produce them  

until he was compelled.

The case for tlie crown having been closed, Mr. Purefoy addressed the jury on behalf of the prisoner for some time, and called several witnesses, whose evidence went to show that the cattle in question had been purchased from Good, who was Mr. M'Intyre's superintendent, by the prisoner's brother, John Melbourne Ireland, snd that they had after- wards lawfully come into the possession of the prisoner; and also that Patrick Good was lawfully empowered by tlie late Peter M'Intyre to sell stock for him to almost any extent ; and that it was generally believed in the.district that he had such power, and many people were in the habit of purchosing.fxom'him. - - ,

The Attorney General then addressed the jury in reply, and called William Dun, of the Paterson, who deposed that he knew the handwriting of Good well, but had not seen him write for ten or eleven years past, but he did not believe the signatures to the receipts produced were in his hand- writing. He also called Thomas Fletcher, farmer, of the Paterson, who thought the signatures were not in the hand- writing of Good ; and Mr. Watt, who gave his opinion that two of the receipts were not in the handwriting of Good, and one he thought was, but his impression was that this receipt had been cut off from some other document.

Mr. Purefoy then addressed a few remarks to the jury upon this evidence, and his Honor having summed up in a very luminous manner, and with great ability, the jury, after having retired for about half an hour, returned a verdict of guilty, and the prisoner was remanded for sentence.

The Court then adjourned until Monday morning, at ten

o'clock.

The civil business of the assizes, of which there are three or four cases, will commencs on Tuesday morning.

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