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SUPREME COURT-CRIMINAL SIDE.
[Before His Honor Chief Justice Burt.]
WEDNESDAY, OCTOBEB 2, 1867.
John Simmonds, free, charged with having
stolen from the dwelling-house of James Pig-
gott, two money orders of the value of £5 and
£3 10s., belonging to John Williams a second
count charged receiving.
The prisoner was undefended.
John Williams-Lived at Australind on the
14th July last, in the house of James Piggott ;
prisoner was in Piggott's service. Went into
Australind on that day and returned at 6 o'clock,
prisoner was then in the house ; he slept in the
same room as I did. I had a promissory note
for £5 and a cheque for £3 10s. ; they are those
now produced. I put them in a cupboard in
my room on Sunday evening at 6 o'clock ; pri-
soner saw them both. About 9 o'clock I found
the orders were gone. On the previous evening
prisoner asked me to lend him a few shillings
to get some tobacco, but I refused.
Cross-examined by Prisoner-The room we
slept in was not in the house inhabited by Pig-
gott. You was not in the room when I put the
orders in the cupboard ; you saw them during
the morning and was present when I put them
away then. I put them away in the morning,
removed them and put them back in the evening.
Re-examined-I was in Piggott's service, and
the place I lived in belonged to him, but was
not part of the house inhabited by him.
James Piggott-Lives at Australind. Wil-
liams and the prisoner were in my employment
on 14th July, and lived together in a cottage
belonging to me. Had paid to Williams the
orders produced, one about eight days previously
and the other on the Saturday ; the two both
slept in one room. I did not send prisoner any-
where to get brandy on the 14th July.
Arthur Lewis, publican at Bunbury ;-De-
posed that on the evening of Sunday 14th July
prisoner came to his house on horseback ; he
said that Mrs. Pigott had broken a blood vessel
and that he had been for the doctor, who sent
him for some brandy, and told him to get two
bottles, I gave the bottles to him and he handed
to me the promissory note for £5, now pro-
duced; he would not wait for the change, as he
said he was in too great a hurry, I gave him a
cheque of my own for £2 10s. and the remainder
of the change in silver; he told me Mr. Piggott
had given him the order, saying that he knew
he would have to get some brandy.
James Odell-Was at Thomas Symmond's on
15 July and saw the prisoner about 4 o'clock in
the morning ; he came on horseback and stayed
about two hours ; he asked Symmonds and me
if we could sell him a coat ; I sold him a coat,
waistcoat, and a pair of trousers ; he paid me
with the cheque for £3 10 now produced and I
gave him £1 in gold as change ; he said he had
received the cheque from Mr. Piggott for
wages ; he appeared as if he had been drinking
but knew what he was about.
Forbes Fee, p.c.-Arrested the prisoner on
the 16th July, found two sovereigns upon him.
The jury found the prisoner guilty of lar-
cency. Penal servitude for three years.
There was another information for horse
stealing against the prisoner which was not pro-
ceeded with.
George Lamb, charged with housebreaking
at Bunbury and stealing a large quantity of
goods ; a second count charged receiving.
The prisoner was undefended.
L Edward Jones, the prosecutor, a man without
hands, deposed to living at Bunbury ; left his
house on the 27th July about three o'clock ; lett
in it a quantity of articles among which was
the bag produced, which had been used by pri-
soner two or three days previously ; lett the
door locked with the key in the lock ; was from
the house about two hours, during which time
he saw the prisoner about fifty j'ards from the
house, as if coming from it ; he had no business
there. I had employed him there on the pre-
vious Thursday. On returning to my house I
found it had been entered and robbed of many
things, the bag being one.
Cross-examined by Prisoner-When I saw
you coming from my house I was on the plains
400 or 500 yards away. I paid you for your
work on the Thursday.
Patrick Kelly, Serjeant Police-On Sunday
18th July, went to the Plough and Harrow
Inn, where I saw the prisoner going to sleep
the night before. In a room under a bed I
found a rug some provisions, &c. ; arrested
prisoner at Dr. Sampson's farm about three
miles away ; on the ground at his heels the bag
produced, evidently just dropped by him ;
there were two other men at the hut one of
whom was named Farrand.
Cross-examined by prisoner-I had suspicion
of you on the Sunday night; I found nothing
upon you when I searched you ; the other men
said they knew nothing about the bag.
William Farrand-Was with prisoner and
two others at a hut at Dr. Samson's farm, when
two policemen came ; one of them was search-
ing a man named Davis, when he happened to
turn round and saw the bag produced lying at
prisoners feet ; just before that prisoner while
the policeman was engaged with Davis, had the
bag in his right hand and motioned to witness
to take it, but he refused, and prisoner then
dropped it.
Cross-examined by Prisoner-I slept at
Jones' public house on the night before, and
during that day was at the blacksmith's.
The prisoner addressed the Jury arguing
that the evidence proved a malicious intent on
the part of Farrand, as he did not at once draw
the notice of the police to the iacts he now
stated.
A verdict of guilty upon the second count
was returned. Sentence-Three years penal
servitude.
Louisa Lund charged with concealment of
Birth.
From the evidence it appeared the prisoner
was in the service of J. B. Locke at Wonnerup,
Vasse ; she was challenged by her master with
being in the family way, but she denied being
so, as she also did to other persons, or that
anything more was the matter than a severe
cold ; she persisted in her denial until Tuesday,
the 11th June, when her mistress on account
of her suspicion being aroused, sent for Dr.
Rossillotty, whom she would not allow to ex-
amine her until told the police would be sent
for, when she admitted their suspicions were
right, that she had been confined on the previ-
ous Friday, and on being further questioned as
to what she had done with it, she said she had
wrapped it up in a bundle with a stone and
thrown it into the river. On the 27th Juty, a
man excavating sand in Mr. Locke's garden
found a bundle which contained the body of a
full-grown child, wrapped in two jackets, one
of which was identified as having been given
by Mrs. Locke to the accused, by whom it had
been often worn.
The Jury found the prisoner guilty, and His
Honor passed a sentence of four months im-
prisonment, to date from the day of the birth,
thus giving the girl twenty-two days imprison-
ment from this day.
William Robinson, c.p. charged with break-
ing and entering the dwelling-house of Na-
thaniel Shaw at Marley, and stealing sundry
articles the property of Nathaniel Shaw ; a
second count charged receiving.
The prisoner was undefended.
Nathaniel Shaw- Lives near Marley bridge ;
left his house on the 14th August ; there was
then in it two sets of harness, excepting collar,
and hames, a rug, and two sacks. Returned
to the house two days afterwards, and missed
all those articles ; the rug was a new opossum ;
one of the sacks had a hole in it. The harness
is that produced. Saw the prisoner once about
two years ago but not since.
George McLeod-Lives at York. Serjeant
Moye came and searched my house and found
two sets harness in my stable, which I had
bought for £1 from the prisoner, who told me
it belonged to Charley Eades for whom he was
selling it ; it is the harness now produced.
Cross-examined by Prisoner-I did not go
with you to the bed of the river to see the har-
ness. The harness was on your back in a sack
when you came to me. I paid you £1 for the
harness in my yard.
Cross-examined by the Court-I gave prisoner
18s. in cash and a shillings worth of cakes and
one shillings worth of sweetmeats.
The witness, deposition being read, it there
appeared the witness had sworn before the
magistrates he gave the prisoner 9s. and one
shilling in sweetmeats.
Cross-examined by the Court-I may have
told the magistrate I gave him 9s.
John Moye, sergeant police; deposed to hav-
ing found the harness -in McLeod's - stable,
Knows Charles Eades, but could not find bim
he had left the district.
William Snook, sub-inspector, had made en-
quiry for Charles Eades, but could not find
him.
In defence prisoner stated that he had found
the harness in the bed of the river under a heap
of stones.
Verdict-Not Guilty.
Eli Angel, expirée charged with stealing a
horse the property of Hannan Cantrill ; second
count charged receiving.
Hannan Cantril-On the 16th August had a
bay horse which he turned out hobbled, with a
mare and foal, near Fremantle Bridge. Next
morning found the mare and foal but not the
horse. Next saw the horse at the Perth Police
stables ; it was branded SP upside down on left
side. The hobbles produced are those which I
put on the horse.
Cross-examined by the prisoner-I believe
you have taken my horse twice before but I got
it back.
Nathaniel Haggerty p.c., at 36 mile station,
-Deposed to having seen prisoner pass his
station on 18th August, with a man named
Parker ; they had a bay horse with them ; that
evening I went to the 47 mile on the Albany
road and arrested the two men lying by the side
of a fire. He told me the horse was down in
swamp ; I sent my native for it ; the horse was
hobbled with the hobbles produced. I brought
the horse to Perth, and showed it to Cantrill
who indentified it as his. Prisoner told me the
horse was his own and he had purchased it of
Pascoe of Waneroo, and handed me the bill of
sale, produced, which is signed "J. Hesket."
Cross-examined by prisoner-I asked you
distinctly if you had a bill of sale of the horse.
You told me you owned the horse.
Henry Dunmall, p.c. at the Canning, could
find nothing of a person named Hesket.
In his defence prisoner said he had no inten-
tion of stealing the horse, but merely took it to
go on the Sound Road and return.
Guilty-5 years' penal servitude. There was
a second charge of embezzlement.
Eliza Speirs charged with obtaining goods
from Benjamin Mason under false pretences
pleaded guilty. There was another inform-
ation against the same prisoner for goods ob-
tained at the store of Mrs. Snook. Six months
imprisonment with hard labor.
William Howard charged with stealing
thirteen shillings the property of Janet Milton;
a second count charged receiving.
Janet Milton deposed - That in May last,
she lived together with Emma Stapley in the
service of Rev. H. Grimaldi : that at her re-
quest Emma Stapely put up thirteen shillings
into a parcel, which was to go to her mother
Mrs. Milton, at Perth.
Cross-examined by Prisoner-The parcel was
sealed up with wax and directed. I could not
go out and therefore asked Stapely to take it to
Mr. DeLeech's driver for me.
Emma Stapely deposed - To making up the
parcel for the previous witness, to go to Mrs.
Milton. Witness took it to give to the pri-
soner, the driver of the mail cart, but was
unable to see him, and therefore asked p.c.
Harward to do so. The next morning saw
prisoner at tbe Post Office and asked him if he
had got the parcel, he said yes, and took it out
of his pocket and shewed it to me.
Francis Harward deposed-To receiving a
parcel from Emma Stapely addressed " Mrs.
Milton, St. George's Terrace, Perth," which,
she asked me to give to the mail driver ; I
gave the parcel to the prisoner the following
morning and he put it into his pocket.
Christina Milton proved that she did not
receive the parcel as directed, although she
asked for it at Mr. DeLeech's.
Prisoner's statement before the committing
magistrate was put in and read ; in that he
said he had not converted the parcel to his own
use, but he had put it into the basket with
other parcels, and did not recollect having seen
it at all.
Prisoner now urged that as mail driver he
should have been liable to a heavy penalty for
carrying a sealed envelope without being tied
round with string, and therefore that no parcel
of the kind described had ever been given to
him.
Guilty-Three years penal servitude.
Josiah Penny, c.p. charged with stabbing
John McMullen, with intent to kill and murder;
a second count charged grievous bodily harm.
John McMullen-Deposed to living at But-
ler's Swamp, and being one evening the 1st
July, at the house of Mrs. Efford, on the swamp,.
Mrs. Efford's daughter and Agnes Atkinson
were in the house. Prisoner came to the house
four times during the evening; he called out to
me in an abusive manner and told me to go
home and leave the girls alone. I told him we
were only jesting and larking ; he replied that
I was a liar ; he again went away and came
again with Annas Atkinson. I then went out
walked quietly up to him and made to seize
him by the throat. I felt a jar, like grating,
against my left ribs ; as soon as I got hold of
him, I felt my breast wet and made to shove
him backwards. I exclaimed I was stabbed,,
and then found I was also wounded in the
right breast and right thigh. Prisoner said to
me " well you ran against me." The wound in
the thigh bled so as to fill my boot and run out
at its side.
Cross-examined by the Prisoner--Maggie
Effort was pretending to cry but it was only in
fun; she did not tell me to go home as they
wanted to go to bed; you said I ought to be
ashamed. I did not say to the girls "let me
out and I will either give a hiding or take one."
I did not say " I will send him to bed restless
this night at my ease." I told Annas Atkinson
to go and fetch her father. I did not hear you
tell Annas to call her sister.
The Court having read a portion of the depo-
sitions, in reply to a question the witness said
that before he was stabbed, he had an intention
of assaulting the prisoner, and swore positively
that before he got hold of the prisoner he felt
the jar of the first wound; he also swore posi-
tively there was no struggle upon the ground.
Margaret Effort; lives with her mother at
Butler Swamp. On the evening of the 1st
July, mother was at Fremantle, and Agnes
Atkinson was spending the evening with me.
John McMullen came to us that evening about
seven o'clock and went away about half-past
nine. The prisoner worked for my father; he
came to the house three times during the even-
ing for meat, salt, and oil; about half-past nine
he came to the door and called out "Johnny
McMullen you ought to be ashamed of yourself
being in people's houses at this time of the
night, insulting the girls," he said it was one
o'clock. I was pretending to cry. My father
said John McMullen once asked him for me.
McMullen had been pinching my finger. Pri-
soner said he would go to Atkinson's and call
out for Mr. Atkinson. I afterwards heard
Annas Atkinson outside, she called to her sister
to go home. McMullen then went outside. I
do not know whether prisoner was then outside.
When McMullen went out I heard him say he
was stabbed, I was frightened because I thought
that if Penny was outside there would be a fight.
During the evening I never said to McMullen
to go home, as I wanted to go to bed. I after-
wards went to McMullen's house and saw his

father and mother there ; I left Penny standing
at our door.

Cross examined by the prisoner-Agnes At-
kinson did say to McMullen, " Johnny go home,
we want to go to bed." I did tell him not to go

out to you.

By the Court-I tried to prevent McMullen
from going out by standing against the door; I
did so because I was afraid they would fight.

Dr. Ferguson-Proved the dangerous char-
acter and position of the wounds inflicted upon
the prosecutor ; that the blows must have been
given with considerable force, and the wounds
could not have been given unintentionable
during a struggle on the ground.

Ann M'Mullen, mother of the prosecutor,

Proved her son's coming home a little before
10 o'clock in the evening of the 1st July, he
was bleeding greatly from his left and right

side and thigh.

John Atkinson,-Lives at Butler's Swamp ;
on the evening of 1st July prisoner was brought
to me as. a prisoner ; he said he had used the
knife that was on the wheelbarrow where he
had been eating his supper before the attack.

Cross-examined by the prisoner-It was by
my clock 20 minutes to 11 when you told
me that John McMullen was preventing the
girls from going to bed. I have never heard
you use bad language.

William Barron, p.c., went to Butler's Swamp
on 2nd July to arrest prisoner ; he said he did
stab McMullen in his own defence, that he
came rushing out of a house at him, and he
then took a knife out of a wheelbarrow and
stabbed him three times; saw two hats and a
coat lying on the ground, I could not tell whe-
ther there had been any struggle on the ground.
I could not find the knife he spoke of, but saw
a rusty reaping hook close by, it did not show
any marks of having been used.

Agnes Atkinson, deposed to being at Mrs.
Efford's during the evening of 1st July ; John
McMullen was there. Prisoner came and asked
Margaret for some meat, then again for some
salt, and afterwards for some oil. Then again
he came again and said "John McMullen you
ought to be ashamed of yourself, here at these
hours." McMullen asked him what business it
is of yours. Penny then told him he ought to
go home. McMullen was pinching Margaret's
finger. I told him to go home as we wanted to
go to bed. John McMullen said "let me out
and I'll give him a restless night, I've had it in
for him along time." Prisoner said "come out
here and I'll kick your guts out." Prisoner
said it was one o'clock and he would go for
Annas. After that my sister came and said to
me her father said I was to go home. McMul-
len went out and shortly after returned, saying
he was stabbed, and then went away. There ,
was no noise and no words during this. Mar-
garet was really crying when McMullen used
the expression as to giving Penny a restless
night. He appeared to be very angry. I did
not hear prisoner use any other violent lan-
guage than what I have spoken of.

Annas Atkinson, deposed to going with pri-
soner to Mrs. Efford's house, to call her sister
home. Prisoner told her mother that if she
had any respect for her daughter she would go
and fetch her, for that John McMullen was in-
sulting her. At Mrs. Efford's I called out
"Deda come home for mother wants you."
McMullen told me to go and fetch my father.
Prisoner said there was no need to fetch him ;
McMullen then rushed and I saw them both
struggling, not quite on the ground. I heard
no blows or words then. McMullen then came
to the house and said he was stabbed.

This closed the evidence for the prosecution.

Prisoner in his defence said he had been asked
by Mrs. Efford to look after the place while she
was away, and that when McMullen rushed
upon him, he used whatever weapon it was he
got hold of, with the intent of keeping his as
sailant off and not of injuring him.

The Jury found the prisoner guilty of the
second count, and he was sentenced to 3 years

penal servitude.

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