Ovens and Murray Advertiser (Beechworth, Vic. : 1855 – 1955), Saturday 5 August 1871, page 3
BEECHWORTH GENERAL SESSIONS
Thursday, August 3rd. Before His Honor Judge Hackett, Mr J. H. Alley, P.M., and Mr G. R. Berry, J.P.) ,
The business of this court was resumed this morning, Mr Armstrong prosecuting for the Crown.
LARCENY.
Robert Webber surrendered to his bail on a charge of larceny. Mr Bowman, instructed by Mr Zincke appeared for the defence. The following was the jury impannelled : — Patrick Carey, George Haworth, John Osbourne, Thomas Fraser, George Gross, senr., Thomas Atkinson, Edward Rogers, William Dickson, William Laycock, Henry Williams, and George Armstrong (foreman.)
George Civil, a miller by trade, deposed that he was at the Albion Hotel in Beechworth on the evening of the 28th June. It was about half-past five. He said he knew Byjonnie station on the Murray better than witness. Bet him a pound he did not, and put down two half-sovereigns on the counter. Prisoner put down a note to cover the half-sovereigns. Left the money on the connter thinking that, the landlord would hold the stakes till the bet was decided. Soon after went to the stable, and afterwards to supper. After supper asked the landlord for the pound, and he said “What pound?”
To Mr Bowman: More than an hour had elapsed. Mr Ransom, Mr Martin, and several others had supper with him. Mr Martin first spoke of the money after supper. He was in the bar when the bet was made. He did not say a word till witness complained of the loss of his money.
Rober Ransom, landlord of the Albion Hotel, Beechworth, remembered the 28th June, and prosecutor coming to his house on that day. Saw the money spoken of, one note, and two half-sovereigns on the counter. In less than a couple of minutes after, it was gone, and witness thought each, party had taken his own money. Saw no one remove it.
To Mr Bowman: Had known the prisoner for years, and he was well-known in the town. Would not believe anyone who said on oath that he had stolen two half-sovereigns. Mr Martin said nothing about the matter till two hours after the money was placed on the counter.
Frederick Martin, solicitor, deposed that on the evening of 28th June after five he went to the Albion Hotel. Soon after prisoner and prosecutor came in. After a while prisoner began talking of Byjonnie station. The prisoner was the worse for drink, boasting what he knew of the station, and flashing his money about. Afterwards the bet of a pouud was made. Prisoner had money in a bag. Prosecutor put down two half-sovereigns, and prisoner a note. Witness was standing with his back to the fireplace. The money remained on the counter several minutes. It was then getting on for six o’clock. Prosecutor went out of the bar, and prisoner in a laughing sort of way, walked up, took the two half-sovereigns, put them in his right-hand pocket, and walked away. Made no remark, knowing the man’s respectability, and believing that he was only joking.
To Mr Bowman: Had known the prisoner for several years, and always heard him spoken of as most respectable. Had supper at the same table with him.
Mr Bowman contended that there was no evidence to go to the jury. A bet had been made, and even supposing prisoner took the money, he had a perfect right to constitute himself stakeholder. His Honor thought there was no evidence, but it would be better to have the opinion of the jury. Mr Bowman accordingly briefly addressed the jury, who brought in a verdict of “Not Guilty”‘ without leaving the box.
HORSESTEALING
Edward Kelly was charged with horse stealing and receiving. The same jury heard the case with the exception of Thomas Merton, whose place was taken by Thomas Valentine Ferris. Mr F. Brown appeared for the prisoner.
G. W. Newland, post and telegraph master at Mansfield, deposed that he had a mare in his possession on March 12th. She was a chesnut mare with a short tail, and a white stripe down the lace branded (M) on the off shoulder. Had seen the mare that day. It was the same. On the 1st of March the mare was at his office. Sent her back to the Maindample Park run. Part of the run was fenced in, but not where the mare was run ning. Missed the mare off the run on March 19th. That is, the manager of the station said he could not find her. Subsequently gave information to the police. Never saw prisoner till he saw him at Wangaratta. Never authorised any one to remove the mare.
To Mr Brown: The name of the manager of the run was Duff. He was not in court. This was the same mare that Isaiah Wright was accused of stealing.
James Murdoch, laborer, residing at Greta, deposed that he was at that place in April last. Knew the prisoner; had known him for about two years. He lived about 4½ miles from Greta. Remembered prisoner coming to his place on April 15th. Previous to that had some conversation with him. It was respecting horses. He said he knew where there were some very good horses, if he could get any person to join him to steal them. He used the word “steal.” Told him stealing horses wouldn’t suit witness and he said he would call again, which he did on the 15th. about a week afterwards or more. He then asked witness if he had made up his mind to join him in stealing those horses. Asked him whose horses they were. He said the horse he was riding would also do to “take up.” Asked him where he got that one from, and examined the brand. He said that he had got her on the cheap, that he had brought her from the Plenty, and that she was as “right as old cheese” up here. Witness did not know where the Plenty was. Had seen the same mare that morning. That was the one claimed by Mr Newland. On the first occasion spoken, of prisoner was riding, but had not the same horse. On the 15th, in answer to his question, prisoner said that one horse he had spoken of was a grey belonging to Mr McMulligan. He said if witness would join him in taking the horses to Beechworth, he knew of a yard where no one resided, and where they could yard the horses for the night. It was a yard belonging to Mr John Dennis, of Greta. Asked witness to meet him on the following Wednesday. Did not do so. Drew up a statement of the conversations; took down the brands of the horses, and next morning reported the matter to Senior-constable Hall.
To Mr Brown: First knew Kelly at Greta. The last time he had seen the prisoner before these conversations was in Beechworth gaol. Witness was there for having meat in his possession, which he could not satisfactorily account for. He was astonished at Kelly’s speaking so plainly, and thought he had been “laid on” by the police in order to get up a case. He made the written statement, and put down the brands for his own security. He believed that prisoner had an “edge” on him, and the police too. He knew prisoner was a very good tool. Prisoner did use the word steal.
Senior-constable Hall, stationed, at Greta, deposed to the arrest of the prisoner at that place. Knew Maindample Park run. It was nearly fifty, miles from Greta. Knew the Plenty, it was in the Whittlesea neighbourhood, and not far from Melbourne. Prisoner was on horseback when arrested; he was riding the horse claimed by Mr Newland. Before arresting prisoner told him to consider himself his prisoner. Asked him to get down and come into the station. Told him there were some receipts to sign. He refused to get off his horse, and prepared to be off. Witness made a jump at him, but his clothes gave way, and he bolted. Threatened to shoot him if he did not stop. He turned round and said “Shoot and be d — d.” Had to strike him with the revolver. After a struggle got him into the lock-up. There he said the horse was his own. He would not say where he got it, or anything about it. While bringing him into Wangaratta, among other things, he said he did not steal the horse, but would not split.
To Mr Brown: Had snapped his revolver at prisoner before they closed. There was a public house, &c. in Greta. Had seen prisoner riding the horse before. Had only seen the Police Gazette containing an intimation that the horse was stolen about an hour before the arrest.
Mr Brown in addressing the jury for the defence, stated that it was impossible that prisoner could have stolen the horse. He contended that not a word of the evidence of Murdoch was to be believed. He called Mr Thompson, governor of the Beechworth gaol, who deposed that prisoner had been confined in the gaol and was not released till March 27th. He had been four months in gaol.
Wm. Williams, brickmaker, deposed that he knew Kelly’s mother’s place. Was there all March last. Knew Wright. Saw him at Mrs Kelly’s some time in April. He was riding a chesnut cob. The brand was (M). He let the mare go, and couldn’t find it. He asked for the loan of another, and on going away said to prisoner “If you find that mare, stick to her.” The mare outside the court was the same. Witness and Gunn went out to look for the mare, and found her about two hours after he left.
To the Crown prosecutor: Saw Wright on that day. There was grog at Mrs Kelly’s sometimes. Wright said nothing as to where he got me mare from. He was going to find another horse which he had running in the bush, and was to give Gunn the mare for helping him.
John Daniell, laborer, knew Maindample Park. Was there the Saturday before Good Friday last. Knew the chesnut mare which was in the police stables. Saw her at Maindample. They were catching a horse for Mr Miller. The chesnut mare was also run in. Witness helped. Wright was there; he said, “Hold on, old man, I want this.” He put his saddle and bridle on and rode her away. Mr Armstrong having replied for the Crown, His Honor briefly summed up, and the jury retired. After about an hour’s absence they returned, and gave a verdict of Guilty of receiving. Remanded for sentence.
HORSE-STEALING
Isaiah Wright, charged also with horse stealing and receiving, was placed in the dock, but at Mr. Bowman’s request his case was postponed, Mr. Bowman pointing out that a jury was then considering a case in which another man was charged with the very same theft.
HORSE-STEALING.
Alexander Gunn was then tried on charges of horse-stealing and receiving. The following jurors were sworn-in:— Thomas Oxenham, Wm. Humphrey, George Boyce, D. Melville, W. H. Foster, D. Derrick, T. Devonport, T. Dickson, A. Melville, W. Davey, Win. T. Bowe, and C. C. Oke (foreman). Mr Lamont appeared for the prisoner.
William Adair, schoolmaster at the Black Swamp, near Maindample, deposed that on February last he had a mare, running on a block of land he had taken up. It was not fenced in. Last had her on the night of, the 25th February. Had seen her that morning. The mare outside the court was the same. She had been running for two years, and was not in the habit of straying.
To Mr Lamont: Knew Isaiah Wright, but nothing personally of his character. People said that “he was subject to riding horses.”
Daniel Delaney, carrier, living near Mansfield, deposed that on 25th February last he saw prisoner in Bob Miller’s paddock. Knew Adair’s land, which was not fenced in. It was three or four miles from Miller’s. Had a conversation with prisoner, who asked witness if he had a horse he could lend him. Told him he had not. The same evening saw prisoner again at his (witness’s) mother’s house, which was about a mile from Adair’s. Isaiah Wright was there. Both were on horseback. Gunn asked witness to help him to catch a horse. Believed Wright was present. Asked him what horse it was. He said it was the schoolmaster’s horse. Helped him to catch it; it was Adair’s. This was about 4 or 5 in the evening. The horse was on Adair’s land on the Black Swamp. Gunn led the horse away, riding the other horse. Wright going with him. Had since seen it on the Tatong run, near prisoner’s father’s house, about 25 miles from Adair’s. The horse in the police stables; was the same. Prisoner said he wanted a horse to go home. When he came he was riding a horse he had borrowed from Wright. Wright lived on the Broken River, about three miles from Adair’s. The horse had a long tail then. When next witness saw her (at Tatong) she had a short tail.
To Mr Lamont: Was at Dr Rowe’s election meeting that night, and saw prisoner there. Nothing was said about there being a mare there for him.
Robert Miller, farmer, living near Mansfield, knew the prisoner. Saw him in February, on the night of Dr Rowe’s election meeting. He said Wright was going to give him a horse to take him home, but he didn’t think the black mare he had got from him would be able to carry him, and he must try and get another one. This was at witness’s place. Afterwards saw prisoner at Brown’s public-house, and they walked home together. When witness went to the meeting, there was no horse in the stable. On his return there, was a grey horse in the stable. The one outside the court was like it, but it had a long, tail and mane when in witness’s shed. The horse was gone in the morning.
To Mr Lamont: Prisoner said he thought he had got a horse that would carry him now. Saw Wright and Delany at the meeting at Brown’s. Prisoner was there when witness got there, and remained during the meeting. Isaiah Wright, residing at Mansfield, knew the black swamp, and had seen the prisoner several times. Was in his company on 20th February. They went to Mrs Hart’s. Heard prisoner talking to Delany about a horse; could not say what. Prisoner and Delany then left on horseback. Witness had lent them his horse, but he did not know which of them rode it. They returned in about half an hour, bringing another horse with them. Prisoner and witness went 2 ½ miles down the road, both on horseback. Prisoner was riding a horse belonging to witness. Understood from prisoner that he had got the loan of the mare. Believed he said, “It wouldn’t do to take her up to the public-house.” Knew Mr Adair’s mare. That was the one he saw that day. Prisoner took the mare to Miller’s paddock. Saw neither the mare nor him next morning. The mare had then a long mane and tail.
To Mr Lamont: Prisoner had asked him for the loan of a horse, and he had lent him one. Did not tell him he might take that mare. Sent a message to prisoner saying that he had heard the mare was in the Gazette, and he had better send, her back if she didn’t belong to him Was not on the best of terms with Gunn lately. They had had a sort of fight.
Patrick Hart, bullock-driver, recollected seeing prisoner, in February last, go and catch a mare of Mr Adair’s. He had known the mare for two years, and was in the habit of riding her. Prisoner saddled the mare and rode away. Had seen the same mare in the police stables that morning.
Senior Constable Hall deposed: Arrested prisoner on 20th May, at 6 a.m. He was in a hut on a farm at Greta. Knew the mare said to be stolen, and took possession of her. She was in a paddock on the Tatong run, near the residence of prisoner’s father. Prisoner had resided at several places during the past six months. After arresting, showed him the mare. He said he did not know her, and had never seen her before. The mare’s tail was cut short, and her mane was torn.
To Mr Lament: Knew, nothing wrong of Gunn. Believed his father was a very respectable man.
Mr Lamont having addressed the jury for the defence, His Honor summed up, and the jury retired. After a short absence they returned a verdict of Guilty of horse stealing. The prisoner was remanded for sentence.
ASSAULT AND ROBBERY.
James Dunlop and Richard Griffiths, charged with this offence, were released on entering into their own recognisances in £20 each, to answer any charge of robbery which might be brought against them.
HORSE STEALING.
Isaiah Wright was placed at the bar charged with horse stealing; there was a second count of feloniously receiving. Mr Bowman, in structed by Mr Zincke, appeared for the defence.
The following jury was empannelled, those gentlemen who had been on the previous juries being set aside at the request of the Crown:— Joseph Whitehead, Richard Snooks, Isaac Brown, John Davey, Thomas Webb, Wm. Attree, John Nicholls, John O’Rourke, David M. Ferguson, Thomas Kennedy, James Chapman, and Joseph Newton (foreman).
George W. Newland, postmaster at Mansfield, had in March last a mare which he last saw on the 12th. (The evidence in regard to this mare was identical with that given in Kelly’s case.)
To Mr Bowman: Know the prisoner. His father, a farmer, lived on the Broken River, near Mansfield, and was well-known; so was the prisoner. (The witness then proved his own and other signatures to a document which was handed to him by Mr Bowman). Parts of the Maindample Park Run were about two miles from prisoner’s father’s house. Had never missed her before. Had been told since that Wright used the horse occasionally. Witness only used it on Sundays, and always found it when he wanted it.
Thomas Black, son of a farmer on the Benalla road, deposed: It was on the direct route from Mansfield to Greta. Knew the prisoner. Saw him in March last passing their place about the 28th or 29th; it might be a little later or earlier. He was riding a chesnut cob, and going from the Greta direction towards Mansfield. Had seen a horse like the one prisoner was riding in the possession of the police that morning.
John Daniell repeated the evidence he had given in the Kelly case. On the Saturday before Good Friday prisoner had left Mansfield with witness and three other men named Miller, Swan, and Baxter. They were on horseback, and went round by Maindample to get a mare of Miller’s. Wright and he ran a mob into Wright’s father’s yard. Wright caught a little chesnut cob mare, and said he wanted that one. He saddled and rode the mare. Did not know whose the mare was then. Had seen the same mare outside the court that day.
To Mr Bowman: There were five of them. Miller was not close up when his mare was caught. Mr Golding, the storekeeper, had asked witness to go. Could not swear that he asked Wright to give them a hand. Miller asked them to go and get the mare. Miller knew the mare when she was pointed out to him. Witness had been sentenced to five years for receiving stolen cattle.
Archibald McPhail, a lad residing at the Black Swamp, deposed: That it was about eight or nine miles from Mansfield. His father’s house was about four miles from Main dample Park. Knew the prisoner, also a Mr Lowden who lived about a mile from them. saw prisoner at Mr Lowden’s on 2nd April. He was on horseback. He had seen a horse very like it that morning. It was the same as he saw at the Mansfield police court, when he was examined. Prisoner lent witness the mare to look after Mr Lowden’s cows. It was on a Sunday. Witness said to prisoner that he thought he knew the mare, and thought be had seen her on the Maindample run. He said witness had not but there was one there very like it. Returned the mare to the prisoner and he took her away after a while, going towards his own place, which was about three miles off. Knew it was the 2nd April, because it was the Sunday of the census.
John Lowden, dairyman, residing at, the Black Swamp, deposed that he knew the prisoner, and saw him on Sunday April 2nd. It was about three p.m., and he was on horse back. He was riding a chesnut cob. Knew Archibald McPhail, and heard a conversation between him and prisoner on the day named. The boy said the horse was very like one he had seen on the run. Prisoner said it might be like, but it wasn’t the one. Could not say whether the horse in the possession of the police was the same.
To Mr Bowman: Knew prisoner well. He was breaking-in horses. It was not a very extraordinary thing about Mansfield to use a horse in the bush, without meaning to steal it.
Senior-Constable Hall, deposed that he arrested the prisoner on May 3rd in a bed room at Mrs Kelly’s house, at the Eleven Mile Creek. Had previously seen him several times. Saw him on May 2nd. He rode into the township of Greta, and witness saw him pass by. Followed him on foot to a blacksmith’s. When he saw witness he rode away. Got another constable and followed prisoner, but he bolted. Tracked him the same night, and arrested him. When arrested prisoner said he did not steal the horse, and knew nothing about it. Had told him why he arrested him. He denied the charge, using a lot of bad language. Subsequently showed him the horse, said he still said he knew nothing about it.
To Mr Bowman: The horse was in the camp reserve, at Wangaratta, when it was shown to the prisoner. He looked at it through the bars of the lock-up; Was not in uniform when he chased the prisoner. Fired at him when he bolted. Constable Mclnerny deposed that after his arrest, prisoner said that if he had had anything to defend himself with he’d “drop one or two of them.” He asked if that was the mare that Kelly was arrested for.
To Mr Bowman: Did not remember hearing Hall tell Wright what horse he was accused of stealing, but he believed he did. Witness had three shots at prisoner before he was arrested, but did not hit him. George Richardson, stockrider, deposed that he knew the prisoner. Saw him at the end of March or beginning of April, on the Mansfield road. He was on horseback; wit ness could not swear to the horse.
To Mr Bowman: Had known prisoner for 18 months. Like other flash horse breakers he would occasionally use other people’s horses. Would take witness’s and use them, but with no intention of stealing them. Mr Bowman having made a very able and efiective speech to the jury, and the judge, having read some of his notes and explained the law, the jury retired. When they returned they found the prisoner “Guilty of illegally using” the horse, and he was remanded for sentence.
SENTENCES.
The following sentences were then passed in the remanded cases:—
William Henry Franklin found guilty of larceny, was sentenced to 18 months imprisonment with hard labor in the Beechworth gaol.
William Meehan for maliciously killing a pig, received a sentence of 6 months with hard labor.
Edward Kelly found guilty of feloniously receiving a horse, was sentenced to three years with hard labor in the Melbourne gaol.
Alexander Gunn convicted of horsestealing, was also sentenced to 3 years imprisonment, with hard labor, in the Melbourne gaol.
Isaiah Wright (who received a very good written character from a number of the principal residents in the neighborhood of Mansfield) was, for illegally using a horse, sentenced, to 18 months imprisonment with hard labor.
APPEAL CASES.
James Quin v A. C. Wills, P.M. This was an appeal against a conviction under 28 Vic. 265. Mr Lamont appeared for the appellant, who had been sentenced to 3 months imprisonment, and a £5 fine, for using obscene and abusive language, and assaulting Constable Hall. Mr Armstrong for the Crown objected that there was no proof of proper notice of appeal, and the court upheld the objection. The conviction was therefore sustained in this case, and in another in which also there was an appeal.
Robert Liddle v A. C. Wills, P.M. Appeal against a conviction under 33 -Vic. 370. Mr Bowman, instructed by Mr Notcutt, appeared for the appellant. This was an appeal against a fine of £34 10s imposed on defendant, for not having given due notice to the scab inspector of the Benalla district of scab having broken out in a flock of 750 sheep belonging to him. The examination of Mr Malcolm McEachern, scab inspector showed, that he had discovered on August 23rd, 1870, scabby marks in one sheep only in Mr Liddle’s flock, and that the sheep in question was not branded. He also proved that he had not received the notice required by the act. In reply to Mr Bowman, he said that he believed that if the scabby sheep had contracted the disease in Mr Liddle’s paddock, other sheep would have been found infected. The court held that the spirit of the act had been in no way infringed, and quashed the conviction.
George Bugbird v G. Sharp and J. Henry, J.P’s. Mr Brown appeared for the appellants, and Mr Bowman for the respondents. This was a case of illegal detention of property. No grounds of appeal had been handed in to the respondents, or their solicitors, and the court adjourned the consideration of the case, until its next session.
Charles Duchatel v A. C. Wills, P.M.; an appeal against a conviction under the 45th section of the Wines, Beer, and Spirits Statute. Mr Armstrong, Crown Prosecutor, finding that he bad no witnesses present, withdrew opposition, and the conviction was therefore quashed. Mr Bowman brought the case of Ah Hen, recently sentenced to twelve months’ im prisonment, before the court. The Crown Prosecutor said that although the circumstances were quite suspicious enough to justify the action which had beeu taken, and subsequent facts confirmed that view, it was not his intention to oppose the appeal. Conviction quashed, and an order made, at Mr Bowman’s request, for the restoration of the gold to Ah Hen. The hearing of the Chinese lottery cases was, by consent of both sides, postponed to the next sessions.
Glenrowan 