Lists (None yet)

Login to create lists

Comments

Show 1 comment
  • peter-macinnis 29 Sep 2010 at 08:47
    This is the same Malachi Durr who was sentenced to transportation for life after the seizure of the barque Lady Franklin.

Add New Comment

8 corrections, most recently by jacintha - Show corrections

MAITLAND QUARTER SESSIONS.

This Court was opened on Monday last, the 6th instant. The Chairman, Samuel Ray- mond, Esq., took his seat on the bench at ten o'clock ; and in the course of the day the following magistrates were also on the bench : -Helenus Scott, Esq., G. Blaxland, Esq., A. Lang, Esq., Dr. West, and J. Pike, Esq. Mr. Callaghan acted as Crown Prose- cutor; and Messrs. Holroyd and Dowling, barristers, were also in the court.  

LARCENY.

James Sinnetta freed, was indicted for having, at West Maitland, on the 23rd April last, stolen fourteen pairs of braces, of the value of Is. per pair, the property of

John Patterson.

The prisoner pleaded guilty, but after a conversation between the Court and the Crown Prosecutor relative to his sanity, the plea was withdrawn, and the trial proceeded.

John Patterson deposed that one night he missed fourteen pairs of braces from his door ; he saw them at the police office on the Saturday following ; he knew the braces by the red tape with which they were lied. The witness identified the braces produced in court as those which had been stolen from

him.

Constable James Boylan apprehended the prisoner in Mr. Yeomans's yard on the night of the 24th April, as a ^agrnrlt. Ho took him to the lock-up ; and the fallowing morning, he observed, through a hole in prisoner's trowsers, a number of braces wrapped round his thigh. The braces were .given fo constable Solomon.

Constable Benjamin Solomon deposed thal he received the braces which had been pro- duced in court from constable Boylan.

The prisoner made a rambling incoherent

defence.

The jury having expressed some doubts of the prisoner's sanity,

Thomas J. M'Clelland, a juror, was ex- amined on this point. Prisoner had been recommended to him for admission into the Maitland Hospital ; from his conversation and manner at that time witness believed him to be insane.

William Tristram, governor of Newcastle gaol, had observed prisoner's demeanour particularly during the two months he had been in his custody. At times he seemed perfectly sane, but during the last ten days he had become very wild and extravagant in his conduct. Witness believed this to be in a great measure feigned.

Constable Boylan stated that at the time he found the braces on the prisoner he ap- peared sensible enough, and said that he had taken them because he was hungry and wanted to buy a loaf.

The jury, after a short consultation, found the prisoner guilty. He was sentenced to six months' imprisonment and hard labour in Newcastle gaol.

LABCENY.

Charles Trenouth was indicted for having, at Maitland, on the 31st May last, stolen one saddle, of the value of 40s., the property of John Iteynolds.

John Reynolds deposed that he waa in Maitland at Mr. Reeves's about nine o'clock one Sunday evening ; he left his horse at the door ; when he came out in a few minutes I his horse was gone ; he found it opposite Dr.

| Sloan's, minus the saddle. He found his

saddle in the possession of a Mr. Clark about a fortnight after, with his name almost effaced from it. Mr. Clark gave him infor- mation that he had a saddle of his in his possession. The saddle was identified by Mr. Reynolds.

Charles Clark deposed that the prisoner resided next door to him in West Maitland about a month ago; on a Saturday evening, while in Clark's stable, prisoner brought a saddle to show him; on the following Mon- day he bought it from the prisoner for 30s. While cleaning the saddle the next morning

he observed the name of "Jno. Reynolds" I

written on it, and pointed this out to the pri- soner, who came in at the time, and asked him where he got it; prisoner said he bought it at Mr. Underwood's sale, and that it was all he got for three month's wages. Witness then said it had perhaps belonged to Mr. Underwood's brother-in-law, but be thought his name was James Reynolds; and prisoner said very likely it did. Witness afterwards went out, and in a conversation he had with a siddler in town he was informed that Mr.

John Reynolds, of Bolwarra, had had a saddle stolen ; upon which he went and in- formed that gentleman that he had a saddle upon which his name had bepn written.

Emily Turner, with whom Clark lodged, corroborated his evidence as to the conversa- tion which took place between him and the prisoner on the Tuesday morning while the former was cleaning the saddle.

The prisoner, in his defence, denied having ever seen the saddle until it was brought in by Clark at the time he was apprehended ; and called James Kemp, of East Maitland, to prove that he was at his house at the time the robbery was com.nitted. ^The witness, however, did not appear.

The jury found the prisoner guilty, and he was sentenced to be worked in irons for twelve months.

LARCENY.  

James Newman was indicted for having, at Morpeth, on the 18th June last, stolen a cabbage-tree hat, of the value of 1s., the property of William Grady.

William Grady deposed that he was in Hook's public-house, at Morpeth, about seven o'clock in the evening of last Thursday fortnight; when he had been in a few minutes he was thrown down by one of three men who were drunk and quarrelling at the time; his hat fell off, and when he returned   in a few minutes to recover it, it was gone ; the next time he saw it was in the police office; he identified it by the paint on it.   The prisoner was the man who threw him down; he was so drunk at the time that wit-   ness did not think he was aware of what he was doing.

Constable James M'Guinness apprehended the prisoner and the other men on Friday, the 19th instant, on a charge of being drunk and disorderly; he found the hat produced,   and which the prisoner said was his, on his head; the prisoner's own Jim Crow hat was   in his coat pocket; prisoner was drunk.  

The prisoner, in defence, said he was tipsy at the time, and picked up the hat in the scuffle under the impression that it was his

own.

The jury returned a verdict of not guilty, and the prisoner was discharged.

EMBEZZLEMENT.

Michael Mullen, freed, was placed at the bar on a charge of embezzlement; but the Crown Prosecutor declining to prosecute, he was discharged on his own recognizances to appear when called on.

LARCENY.

James Wylde, freed, was indicted for having, at East Maitland, on the 28th April last, stolen one hide, of the value of 5s., the pro- perty of James Mitchell.

James Mitchell, a farmer at East Maitland, deposed that he remembered losing a hide from his fence on the evening of the 27th of April ; he missed it the following morning ; he obtained a search warrant and searched the prisoner's house, in company with con- stable Walker ; they searched the premises, and found part of a hide, which he knew to be a portion of the one stolen from his fence by the way in which it had been cured ; there was a brand on the hide when taken from his fence, but the brand had been cut from the part of the hide found at the pri- soner's. The hide was produced in court and identified by the witness.

Cross-examined by the prisoner : Swore to the hide from its having been cured with ashes ; never heard of any one else curing with ashes ; had heard, before obtaining the search warrant, that prisoner had a hide similar to the one he had lost in his posses- sion ; prisoner told them they were welcome to search his place ; witness never saw pri-

soner near his house.

Constable George Walker remembered searching prisoner's house between two and three o'clock on a Saturday; prisoner said he was quite welcome to search ; he found the hide produced, and called Mitchell in, who said it was part of the hide which he had lost ; Mitchell had given a description of the stolen hide to witness, which corresponded with that of the hide found ; he asked the prisoner what had become of the brand, when he said he never kept any.

The prisoner put in a written defence, in

which he stated that he was in the habit of buying hides, and curing them, and that he bought the hide in question ; if he had stolen it, he would not have been likely to leave it   in so conspicuous a place.

The jury found the prisoner guilty, and he

was sentenced to three months in irons.

LARCENY.

Julia Collins, freed, was indicted for having, al Maitland, on the 28th May last, stolen eleven dozen of »tay laces, of the value of Is. per dozen, the property of John

Rickards.

Samuel Hegarty deposed that the prisoner came into Mr. Rickards's store one evening about four o'clock ; his attention was called to her when she entered the shop, and he observed her turn her back to the counter, place her hands behind her, and begin to move the parcels about ; when she observed that he was watching lier, she immediately de- sisted. Witness then went to her, and took from under her >hawl a package containing eleven dozen stay laces; those produced in court were part of them. He gave her in charge.

Constable Thomas Thrurlgate apprehended the prisoner in Mr. Rickards's store on a charge of stealing stay laces.

The prisoner, in defence, said she was in drink at the time, and was not conscious what she was doing.

The jury found her guilty, and she was sentenced to be imprisoned and kept to hard labour for six months in the Parramatta Factory.

HORSE STEALING.

John Dick was indicted for having, at Maitland, on the 15th January, 1844, stolen one horse, mare, colt, filly, or gelding, value £10, the properly of William Heugh and David Logan.

Mr. Holroyd appeared for the prisoner.

David Logan deposed that he and his partner, Mr. Heugh, purchased a dark brown, or nearly black, horse from Mr. H. Reeves, of West Maitland, in November, 1841 ; it was branded with an anchor on the near shoulder, and MR under the mane, and stood from fourteen to fifteen hands high; they had it in their possession till the end of 1842 or beginning of 1843; about that time it was stolen from a paddock near the Falls, West Maitland. He next saw it in the be- ginning of 1844; it was then in the posses- sion of Mr. H. Kesterton ; it was subse- quently given up by Mr. K., and was, witness believed, now at Moreton Bay.

Cross-examined by Mr. Holroyd : Would not swear the horse was not a rig ; when he found it in Mr. Kesterton's possession it had a fresh brand, viz., JD over the anchor; he recognised the horse immediately he saw it in Mr. Kesterton's possession.

Henry Kesterton deposed that on the 15th January, 1844, he bought a horse in exchange from Mr. Henry Armitage ; it was between a brown and a black in colour ; it was branded an anchor on shoulder, and MR under mane ; the next day he rode it into Maitland, when it was claimed by Mr. Heugh.

Cross-examined by Mr. Holroyd : The horse was also branded JD above the anchor brand.

Henry Armitage deposed that he had for- merly resided at the Peel about three years ; knew the prisoner there; about the end of 1843 or beginning of 1844 purchased a horse from him ; it was a small brown horse ; he exchanged it to Mr. Kesterton after he had had it for four or five months; prisoner gave him a receipt signed by two persons from whom he said he had bought the horse; that receipt witness thought had been taken from him by Wilson the bushranger.

Cross-examined by Mr. Holroyd : Could not recollect the exact nature of the receipt, but at the time he thought it was correct; had seen the horse in the prisoner's posses- sion two or three weeks before purchasing it from him; some time afterwards he saw the prisoner at Mr. Ward's, at Muswell Brook, when he told him that he had heard that the horse had been claimed by some one in Maitland as stolen; the prisoner said he should be ready to meet the charge at any time and place. The horse had been recently branded JD on the shoulder; there were other brands, but witness did not clearly re-

collect them.

Henry Reeves deposed that he had sold a horse to Messrs. Heugh and Logan about the end of 1841, called " Scorbie ;" afterwards heard that it was stolen ; some time after he saw the horse he had sold to Messrs. Heugh and Logan in the possession of Mr. Kesterton.

Joseph Chambers, clerk of the peace, proved the prisoner having made a deposition last Sessions, to the effect that two material witnesses were at the Peel River, who could prove that be had purchased the horse from a person named Byan or Ryan.

Mr. Holroyd stated that one of these wit- nesses, had left the district to obtain his emancipation, and the other was not in at- tendance. The learned gentleman then ad-

dressed the jury on behalf of the prisoner, dwelling particularly on the time which had elapsed between the stealing of the horse and its being found in the prisoner's possession ;

and called

Richard Ward, innkeeper, of Muswell Brook, in whose employ the prisoner had been for two years, and who gave him a good character during that period.

The jury found the prisoner guilty, and he was remanded; but he was subsequently re- called, and sentenced to three years in irons.

LARCENY

Edward Keys, freed, was indicted for having, at Maitland, on the lilli April last, stolen a pair of boots, of the value of 7s., the property of Rody Heffernon.

Alexander Johnson, cook at Mr. William Nicholson's, saw the prisoner at Mr. Nichol- son's on the evening of the 11th April ; he came into the kitchen to have some hearts fried ; witness left prisoner in the kitchen, and went to Mr. Brown, the clerk in Mr. Nicholson's butcher's shop; to request that he would order prisoner out of the kitchen ; not getting any satisfaction from Mr. Brown, he letumed to the kitchen, and put the pri- soner out ; while doing so, he observed a boot slicking from under his jacket, and took it from him ; prisoner then gave him a second, and said they were his own, and that he was going to take them to get mended ; witness delivered them to Mr. Brown.

The prisoner cross-examined this witness, but he elicited nothing material.

Rody Heffernon deposed that he remem- bered hearing of the attempt made by the prisoner to steal his boots ; never gave him permission to take them ; witness left his boots under his bed, and found them there after the occurrence rt-lated by Johnson.

William Nicholson deposed that he gove the prisoner in charge for attempting to steal a pair of boots on his premises, about two months ago; prisoner was in his employ at the lime, but he had no business in the

kitchen.

This closed the case, and the Chairman having summed up, the jury, consulted for a short time, aud.then desired that Johnson might be re-called.

Johnson, in answer to questions from one of the jury, stated that he could not. tell how the boots came under Heffernon's bed again ; he gave them to Mr. Brown.

The jury wished to have Mr. Brown's evi- dence, but the Court decided that as the case had been closed, no new witness could be called ; and the jury then consulted for a few minutes, and returned a verdict of guilty. The prisoner was sentenced to be worked in

irons for three months.

ASSAULT WITH INTENT.

Bernard M'Quade, freed, was indicted for having, at Hart Hill, on the 25th March last, attempted to assault, with intent, &c, Johanna Hill Girven, an infant five years of age.

The evidence is of a nature unfit for pub- lication ; but the prisoner was acquitted, on account of the child being too young to understand the nature and obligation of an

oath.

The prisoner was again indicted for a similar offence, at the same place, on the 23rd March, against Mary Hart Garven, an infant nine years of age.

The offence was fully proved by the evi- dence of the child and her next youngest sister; and the jury immediately found the prisoner guilty.

The prisoner was a third time indicted for a similar offence, at the same place, on the 23rd March, against Margaret Brown Garven, an infant seven years of age.

This offence was also clearly proved by the evidence of the child and her elder sister ; and the jury, without hesitation, returned a verdict of guilty. The prisoner was sentenced to be imprisoned, and kept to hard labour, in Parramatta Gaol, for two years.

The Court then adjourned till ten o'clock the following morning.

Tuesday, July 7, 1846.

(Before the Chairman, A. Lang, Esq., J.P., George Blax-

land, Esq., J.P.. and Dr. West, J.P.)

ROBBERY.

Peter Parkinson, freed, was indicted for having, at Clarence Town, on the 29th May last, stolen seven shillings and a knife, the property of George Gill ; and Samuel Dear don was charged with being accessary to the

same.

George Gill, boatman, of Clarence Town, deposed that on the evening of the 29th May last, between nine and ten o'clock, he left Hogue's public house, at Clarence Town ; the prisoners were just leaving at the same time; on his way home he was knocked down by Parkinson, the-other prisoner standing by, and robbed of a knife and seven shillings.

Cross-examined : Knew the prisoners were the persons who robbed him, and said " What are you doing this for ? " did not lend them

'the knife to cut tobacco with.

Constable Peter Conelly, deposed that Gill called on him, and said he had been robbed by the prisoners ; witness found them, at two o'clock in the morning, at Deardon's house in bed, and in Parkinson's trowsers pocket he found a knife claimed by Gill.

This closed the case for the prosecution, when the following witnesses were called for

the defence: -

Robert Campbell deposed that he was in the company of the prisoners from half-past eight till one o'clock ; Deardon was so drunk

that he could not .walk alone.

Cross-examined: He went with prisoners about ten o'clock to Sterne's house ; could not say what time they left, but believed about one ; had been drinking, but was not drunk ; the place where Gill was said to be robbed was about one hundred rods from Hogue's house.

Thomas Campbell remembered the prisoners and Gill drinking at Hogue's on the 29th May last; there were several other persons there; Gill lent a knife to several persons; did not know whether he lent it to prisoners ; prisoners did not leave Hogue's while witness

was there.

Cross-examined : He went to Sterne's ; prisoners also went; Deardon did not leave Hogue's, because he was too drunk ; Parkin- son might have left for a short time, but he

did not think he did.

By the Court: He remembered Gill leaving Hogue's ; witness left about half an hour after; never missed Parkinson after Gill left; did not think he could have left without witness's knowledge.

Daniel Sterne corroborated the testimony

of the last witness. ? <

Fitzarthur Hogue, publican at Clarence Town, remembered a number of persons drinking together; all the persons left to- gether; Gill had been drinking, but was sober enough to manage his boat ; Deardon was tipsy; witness paid Gill for his passage from Raymond Terrace.

The jury returned a verdict of not guilty, and the prisoners were discharged.

FELONY.

Tobias M'Keogh, freed, was indicted for having, on the 7th September last, stolen' various articles, the property of his master, George Blaxland, Esq.

Mr.'Holroyd appeared for the prisoner.

George Blaxland; Esq., J.P., deposed that Keogh and his wife were in his service ; they left because the woman was about to be confined;-he afterwards found he had lost a sword-stick, a' -miniature salt cellar, egg cups, snuffers, 'scissors, and slippers. He

first missed the sword-stick about a week before they left, and at the time made inquiries for it ; the handle of it was bone or ivory? with a dog's or lion's head. The prisoner and his wife went to live at Dr. West's after they left witness's service; he afterwards heard that the prisoner had been 6een with a sword-stick ; went to Dr. West's, and saw the prisoner's wife, who said that she had never seen the stick ; he obtained a search warrant, and the articles were found by constable Everness.

Cross-examined: The prisoner was a general servant; he often had charge of the house, but never saw him in the bedroom where the sword-stick was'kept; the other articles were in general use.

Constable William Everness proved that he went to execute a search warrant at

M'Keogh's house; that he found the egg. cups, snuffers, salt cellar, and scissors, in the bottom of an old box ; the other articles were on the table ; witness asked where the things came from, and the prisoner's wife said from Mr. Blaxland's, and that she found them ; when he spoke of the slippers, prisoner said he had worn them there ; when the prisoner's wife said the snuffers came from Mr. Blax- land's, prisoner 9aid no, from 'Sydney, and the woman then said from Sydney.

George Blaxland, Esq, J.P., re-called : He never authorised prisoner to use the slippers.

Cross-examined : Could not positively identify the slippers; prisoner could not have worn them without his noticing him.

John Lees, labourer, of Muswell Brook, proved that when the prisoner came to live at Dr. West's he had a sword-stick ; witness thought it was prisoner's own ; it had a head

on the haft.

Cross-examined : It was in the yard, and dark, when prisoner showed him the stick.

Re-examined : Was at Dr. West's when prisoner came to live there ; he had a sword stick ; the handle was bone or ivory, with a dog's or man's head.

Mr. Holroyd contended that there was no evidence to prove that the prisoner had com- mitted the larceny ; and that if his wife had stolen the articles without his knowledge he

was not liable.

The jury, after retiring for twenty minutes, returned a verdict of not guilty, and the pri- soner was discharged.

LARCENY.

Charles Haines, free, was indicted for having, at Maitland, on the 31st May, stolen a leg of mutton, of the value of 6d., the property of William Nicholson.

Edward Brown, in the service of Mr. Nicholson, deposed that on Sunday morning, the 31st May, he was sitting on one side of the shop, ticketing meat which was going out ; he heard a noise behind him, and saw Haines (who was Mr. Nicholson's butcher and carripr,) take down a leg of mutton which was not ticketed ; the tickets showed the weight and price of each piece; all the pieces in the cart were ticketed, and after he had put the leg of mutton in the cart, he covered the meat over with a cloth ; witness took the leg of mutton from prisoner, who appeared a good deal dejected at being discovered ; prisoner returned about one or two o'clock, and took a bundle .from his room, and went away, tel'ing witness he would return at four,

and account for what be liad that morning

sold.

Cross-examined : Could swear the leg of mutton was not taken from the rest on-the board.

William Nicholson deposed that prisoner was in his service as butcher and carrier; prisoner absconded on the 31st of May, and witness procured a warrant, on which he was

taken.

Constable Edward Kedwell, on the 1st of June, apprehended prisoner at West Mait landj on the charge now before the Court.

The prisoner, in his defence, stated that he took the leg of mutton from the board where

the rest of the meat was.

The jury, without hesitation, returned a verdict of guilty. -

Mr. Nicholson gave the prisoner a good character for honesty, but stated that he was now and then in the habit of getting tipsy, and witness had often warned him of the pro- bable consequences.

The Court sentenced the prisoner to be im- prisoned, and kept to'hard labour, in New- castle Gaol, for three'' montns.

George Driver Porter was indicted for having, at tfie Wollombi, on the 23rd of February last, stolen a ploughshare, of the value of 5s.f the property of James William

Du Moulin.

Mr. Holroyd appeared for the prisoner.

James William Du Moulin deposed that on the 23rd February last, he lost a plough- share from his farm at the Wollombi ; a few days after it was missed his servant told him that it was in prisoner's possession ; a search warrant was obtained, and the share was found at Porter's house.

Cross-examined : Knew the ploughshare by the manner it wa9 welded, and also by the way in which it was worn.

James Walton, constable of the Wollombi, executed the search warrant; prisoner told witness he could search and look ; Mr. Du Moulin asked for his ploughshare; prisoner led the way down to a paddock to his plough, and Mr. Du Moulin claimed the share ; wit- ness took the plough out of the ground ; Porter showed no unwillingness to show the plough ; did not show the share to the black-

smith since he found it.

George Rawlins, servant of Mr. Du Moulin, mjssed the ploughshare on the 24th February ; had heard that it was subsequently in Porter's possession.

Michael Bourne, blacksmith at the Wol- lombi, proved that the share produced was made by him for Mr. Du Moulin ; since he made it, it had been new laid and lengthened.

Henry Hopkins deposed that he part laid a ploughshare for prisoner; the share pro- duced was the one he repaired for prisoner.

Joseph Chambers, clerk of the peace, proved that at the last Sessions the prisoner post- poned his trial, on the ground that a witness named Thomas Carter, who lived at Liver- pool Plains, was not in attendance.

Mr. Holroyd, after consulting with the prisoner, stated that he would allow the pri- soner to address the jury in his defence.

The Crown Prosecutor objected to this course, on the ground that the prisoner was represented by counsel.

The Court decided that the prisoner should

be heard.

The prisoner stated that he had taken a subpoena against Carter, and had Seen it served, and produced an affidavit of service ; he had also sprved Mr. Dunlop. Carter could have proved that the ploughshare had belonged to him six years.

John M'Dougall knew prisoner three or four years ; never heard anything prejudicial

to his character.

John Medhurst,' one of the jurors, knew prisoner eight or nine years, and gave him a good character.

The jury retired, and, after some time, re- turned a verdict of not guilty.

LARCENY.

George Morley and Job Carpenter were indicted for having, at Newcastle, on the 5th May last, stolen a pair of boots, of the value of 6/s, from the person of Malachi Durr.

Samuel Holt, chief constable of Newcastle, proved that on the night of the 5th-May last, while going his rounds, he observed a light

in the house of Latham, a publican ; he looked in at the window, and saw the pri- soners take the boots off a man who was lying on the floor apparently insensible ; they also searched the pockets of the man and he heard one of the prisoners say - "This fellow has no money" - Carpenter was search- ing another man who was lying by drunk, and said he found a " tanner." Witness then went in and took the prisoners. The boots were on the table, and a sixpence was found in the pocket of one of the prisoners. Carpenter was in Latham's employment.

Constable Charles Lane gave testimony to the same effect.    

Malachi Durr, private, 99th regiment, went to Latham's on the evening of the 5th May ; was not quite sober when be went there ; did not know at what hour he lost his senses, but found himself, at six o'clock in the morning, without his boots, in the guard-room ; he re- membered the prisoners were at Latham's, but did not know what they did.

In the defence, Carpenter said that he was employed at Latham's, and that his master had directed him to take the drunken men into the kitchen and make up a bed for them, and that he was undressing the men when

the constables came in.

The jury, after consulting, about ten minutes, returned a verdict of guilty. The prisoners were sentenced to imprisonment, with hard labour in Newcastle gaol for three

months.

LARCENY.

Samuel Howel was indicted for stealing a drake and two ducks, each Valued at Is., from Edwin Brown, of the Paterson, on 22nd , November, 1844.

Edwin Brown deposed that the prisoner, in companj with two men named Drags and Thomas, left witness's house that evening, about eleven o'clock ; and witness, having some suspicion, watched them. After leaving the house they turned, and Drags got over the fence to the fowl-house, and took a drake and two ducks, and handed them to the others. Witness caught them in the act. Drags and Thomas were convicted at a

previous Sessions, but prisoner had escaped

till now.

John Sullivan received information of the robbery, and went to apprehend the parties. Drags and Thomas were taken, but Howel escaped, and was recently apprehended at

Cassilis.

The jury returned a verdict of guilty, and the prisoner was sentenced to be worked

three months in irons.

The Court then adjourued till this morning.

Zoom

plus
thumb
minus
left
thumb
right
up
thumb
down