Kilmore Free Press (Kilmore, Vic. : 1870 - 1954), Thursday 13 July 1876, page 3


Tuesday, July 11, 1876. (Before Mr. Holmes, P.M., and John Fynn, J. P.) John Maloney, v. John Maloney, claim for £7. Defendant tried to make it appear that plaintiff was a partner in a contract on which plaintiff had been working. Several witnesses were examined, but the evidence being of an unsatisfactory nature, the case was dismissed without costs. R. Crane v. Smith. No appearance. Struck out. UNREGISTERED Dogs. L.Dunphy v. Turner Turner, for having an unregistered dog in his possession. With drawn. Same v. M. Roughen, (2 dogs) summons not served. Date extended. Same v. M. Collins. Fined 5s. and 7s. 6d. costs. Same v. B. Collins, withdrawn. Same v. T. Gent, (2 dogs) fined 5s., and 7s. 6d. costs in each case; in default 48 hours imprisonment. Same v. P. Dwyer, withdrawn. Same v. E. W. Mayger, withdrawn. Same v. A. Stirling, dismissed, with 5s. costs. Same v. J. Ryan, (2 dogs) fined 5s. in each case. Same v. T. Cane, fined 5s. Same v. T. Maloney (3 dogs) all with drawn. Same v. D. Ross, withdrawn. Same v. E. Monohan, (2 dogs) fined 5s. and 7s. 6d. costs in each case. Same v. J. Lynch, withdrawn. Same v. S. Crane, withdrawn. Same v. T. Morrissey, withdrawn. Same v. P. Fitzpatrick, fined 5s. and 7s. 6d. costs. Same v. A. M 'Renzie, withdrawn. Same v. W. Doolan, withdrawn. Same v. J. Summers, withdrawn. Same v. W. Hartnell, withdrawn. Same v. J. Crossley (2 dogs) withdrawn. Same v. P. Skehan, fined 5s. and 7s. Gd. costs. Same v. P. Skehan, dismissed. Same v. R. Lahey, (2 dogs) one charge withdrawn; the other was adjourned to 21st i inst. Same v. J. Bowden, withdrawn. Same v. Harrison, withdrawn. Same v. H. Angove, withdrawn. Same v. A. Aitkin, withdrawn. Same v. T. Howell, withdrawn. Same v. L. B?orlowitz, withdrawn. Same v. H. Bath, fined 5s. and 7s. Gd. costs. FAMILY GRIEVANCE. Cook v. Cook, illegally removing pro perty. Mr. Twigg for plaintiff; Mr. Meade for defendant. George Co,,k, on oath deposed-am son in-law of defendant, and owner of sewing machino anl harmonium, valued at £24, which were removed without my consent; asked my father-in-law for the goods on 21st of Juno, he said he would give them by going for them; I since demanded them and he said he had not them and if he had he would not give them. Defendant F. Cook on oath deposed-I know of a harmonium and sewing machine being removed to my house; his wife, my daughter, brought them. His wife took them away about seven days before he de-manded them. Dismissed, with costs £1 is. PETTY LARCENY. John Mitchell was brought up on remand, charged with larceny from the dwellings of James Middleton, Margaret Gorman and T. O'Dwyer, Wallan Wallan. Jane Middleton on oath deposed I am the wife of James Middleton, Wallan Wallan; remember the night of the 5th inst. a man came to the shop door and asked what time it was; could not swear prisoner was the man; heard a noise in the shop about an hour afterwards; went through the shop and heard someone running up the lane; came back and found three flannel shirts were missing. Reported the matter to the police; the shirts produced were the same. James Middleton, corrobrated the evi-dence of last witness. Constable Gill, deposed on oath-I am a constable, stationed at Wallan Wallan On 5th inst., Mrs. Middleton reported the case to me and in consequence of the state-ments made went in search of prisoners; on the 7th inst., Constable Savage and I arrested prisoner between Kilmore and Broadford. Constable Savage searched the swag in my presence and found one flannel in his swag, and one on his person. This concluded the evidence in this case. Prisoner was also charged with stealing a blanket on the same date from the premises of Thomas O'Dwyer. Ellen Tracy deposed on oath-I am a servant in the employ of Mr. O'Dwyer, Wallan Wallan; on 6th inst., missed a blanket from clothes-line; would know it again; (the blanket was produced and identified); it is the property of Mr. T. O'Dwyer; saw blanket on the line on the ing of the 5th inst., and missed it on ing of 6th inst.; next saw it on Friday, ,in the possession of police. Did prisoner about the place; do not seeing prisoner before. Constable Gill deposed on oath-In with which Constable Savage I arrested S0 on the 7th inst., on road between Kil more and Broadford; saw the blanket produced in court in the swag. The other charge was for stealing three napkins, the property of Mrs. Gorman. Margaret Gorman, deposed on oath—I am the wife of David Gorman, Wallan Wallan; missed some babys napkins on 5th instant; I would know them again as I

made them myself; the napkins produced are mine, and valued at 1s. 6d. ; did not sell or give them to anyone. Constable Gill deposed to finding the napkins in prisoner's possession on 7th instant. The prisoner pleaded "not guilty" to each charge, but on being asked if he would be tried by the magistrate or a jury, elected to be tried by the former. In defence he stated that he bought the shirts in Paddy's Market, Melbourne; in Romsey he bought the blanket from a man in the street; with regard to the napkins, he said his mate and himself bought the stuff and made them, to use as " tucker " bags For each offence the prisoner was sentenced to three months' imprisonment, with hard labor, in the Mel-bourne Gaol. The Court then adjourned till a quarter to three. On resuming business, James Edwards, mate of the last prisoner, was brought up on remand, charged with stealing two napkins, the property of Mrs. Gorman; also, with stealing one flannel shirt, the property of Mr. James Middleton, Wallan Wallan. Several witnesses were examined, and the evidence given was similar to that elicited in the previous cases. The prisoner, who pleaded "not guilty," in defence, said he had partly purchased the shirt from his mate, and did not know the articles were stolen until they were arrested; he had only been one night with the pre vious prisoner, having met him on the road. With reference to the napkins, he stated he had also obtained them from his mate. For each offence the prisoner was sentenced to three months' imprisonmentwith hard labor, in the Melbourne Gaol. The court then adjourned.