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Western Post (Newspaper) April 1861
Saturday, April 6, 1861
MANSLAUGHTER BY AN ABORIGINAL - The M. Mercury reports an inquest on
the body of James ALLEN, who was killed by an aboriginal in his employ.
The aboriginal, Jackey, was committed to take his trial for manslaughter.
ROBBERY ON THE LOWER TURON - It is reported that Mr GORDON, a shoemaker,
formerly residing in Bathurst, was robbed of thirty ounces of gold on
the Lower Turon, a few days ago. Intelligence has also been received of
a Chinaman being robbed, about the same time, of a sum of money amounting
to £12. - B. Times
EXTRAORDINARY PRESENCE OF MIND - One day last week Mrs SWEDENBORG, of
Major's Creek, who has a little boy six or seven years of age, suffering
under an ailment which confines him to bed, head him calling out to her
to come and remove a cat off his neck which he said was strangling him.
Being engaged at the time, she took no notice until his cries were repeated,
when upon going to the bed she found an enormous black snake coiled in
several folds round his neck. Mrs SWEDENBORG made a dart and caught the
reptile by the back of the neck, evading the possibility of receiving
any injury from its fangs, and, throwing it upon the ground, attempted
to destroy it, but it escaped with a slight cut on its tail. It was, however,
taken next day and destroyed. A few days subsequently a snake nine feet
eight inches in length was killed near Mr Patrick EGAN's, the Poor Man's
Inn. - Braidwood Observer.
A man and wife, without incumbrance, the woman as Cook and Laundress,
the man to make himself generally useful. Apply to Thomas H SINDEN, Burrundulla.
A young man to take orders, keep the books, and make himself generally
useful. Apply to W BALL, butcher, Market-street.
The Public and Travellers, or persons seeking or pretending to look for
stray cattle, are hereby cautioned not to trespass on the purchased lands
of the undersigned at Merotherie on the Talbragar; and all persons are
hereby cautioned against allowing cattle or horses to run on the said
land, as they will be impounded without respect to persons. William BOWMAN,
Mudgee, 25th March, 1861
Stolen or Strayed from Bundoberong, Marthaguy Creek, on or about the latter
end of December or the beginning of January last, Two Horses of the following
One black horse, two hind feet white, branded FB near shoulder, DD of
shoulder, RJ (both reversed) near hip, broken-in to saddle.
Also, on bay horse about 16 ½ hands high, one hind fetlock white,
small star on forehead, branded RJ2 near shoulder, broken-in to saddle.
Whoever will bring the above described horses to Mr John LEES, Lower Turon,
or Mr J C TIBBIT's, Bobbera, Mathaguy Creek, will received the above reward.
All parties are cautioned against purchasing the above described horses.
M A JACKSON, Bundoberong, Marthaguy Creek, March 18th, 1861.
Stolen or Strayed from Mr Thomas LINCOLN's paddock, a dark bay HORSE,
branded TOB under saddle near side, small star in forehead, both hind
fetlocks white. £5 Reward if Stolen, on conviction of the thief,
or £2 if Strayed, on delivery to Mr Thos. O'BRIEN, Wilbertree; or
Messrs. ROWELL and KELLETT, Mudgee.
Wednesday April 10, 1861
(first time published twice weekly)
On Wednesday, 3rd April, at the Wesleyan Chapel, by the Rev. W J K PIDDINGTON,
Victoria ORCHARD, only daughter of Mr John ORCHARD, of Mudgee, to John
NEWMAN, second son of Mr Thomas NEWMAN, of Devonshire, England.
MUDGEE QUARTER SESSIONS
Before Mr Justice DOWLING
Friday April 5
Thomas BLACKMAN was indicted for stealing an ox and calf, the property
of J C GARBUTT. Prisoner pleaded not guilty.
Mr CHAMBERS having opened the case on behalf of the Crown, called C HARDY,
chief constable, who deposed that he went to prisoner's residence at Cooyal
on the 7th March, and saw him in the stock yard in the act of separating
the fore-quarter of a calf from the hide. After speaking to him about
not having given notice of his intention to kill the calf, he asked him
for the brands; he replied EB. On examining the hide he found the piece
containing the brand cut-out; on searching for it he found it rolled up
in the stock yard. The head had the near ear cut off. He said the calf
was his own, and showed him some old cows branded with the same letters.
He proceeded to Mudgee for the purpose of obtaining a warrant; on his
return to Cooyal he found the hide pegged out and a piece cut out of it
on the corresponding side similar to the piece which contained the brand.
GARBUTT was then present and claimed the hide as his property. The calf
was about eight months old.
J C GARBUTT resides within half a mile of prisoner; had married Mrs BLACKMAN,
who had cattle branded EB off rump, 26 under, with a notch in ear. On
the day in question he went with HARDY and recognized the hide as belonging
to a calf his property, and which he had turned out of his yard a week
previously. The brand was botched. Prisoner had a few cattle branded BB
with a triangle.
Cross-examined by Mr WILD: Came into possession of the property through
marrying the widow of the prisoner's brother. There is a dispute between
her and the prisoner respecting the Cooyal estate. Had not made an offer
of £50 to any one to get prisoner off the land. The property was
all mortgaged to Mr WILSON, of Sydney. Had never offered to withdraw these
proceedings on condition of BLACKMAN's resigning all claim to the property.
Elizabeth GARBUTT: Her former husband was brother to prisoner. Knew the
calf from two marks on the shoulder blades. Had seen the skin, which she
thought was the same. It had to wavy white marks. Would not swear that
the hide in the Court was the same. [By Mr WILD:] There was dispute between
her and the prisoner; he claimed the property, and had given her notice
of an action in the Supreme Court. Knew a man of the name of PEGG; he
was formerly her servant; had never offered him £50 if he would
hang a hide on prisoner's fence for the purpose of laying the foundation
of a charge of cattle-stealing. Was on the worst possible terms with prisoner,
and might have said she would get him off the ground if she could. This
was the case for the Crown.
For the defence "Captain" BLACKMAN, a very intelligent half-caste
was called: Was born at Cooyal and brought up by Mrs BLACKMAN. Went to
prisoner's on the 7th March to see about a mare he had to break in. It
was about four o'clock; T BLACKMAN was killing a calf; he helped to pull
it up; knew the calf's mother; had often milked her; she and the calf
were branded EB; there was no 26; had heard Mrs GARBUTT say that the EB
cattle belonged to Thomas BLACKMAN; they came from Mr E BOTFIELD's run
on the Macquarie, who only brands ER: Mrs GARBUTT's brand is EB with 26;
had always been used to cattle all his life; the brands enlarged with
the growth of the beast.
Sam PEGG was present when the calf was knocked down; the prisoner's boy
used to milk the mother; knew the calf; would swear there was no 26 on
it; heard the boy Edward ask for a piece of the hide, and saw him cut
it off; a younger child cried for the ear, which was cut off for him;
was offered £50 on one occasion by Mrs GARBUTT (when prisoner was
passing), if he would hang a hide on prisoner's fence, as she wanted to
get rid of him; would not accept it, as he had no wish to "lag"
a man whom he knew was innocent.
Edward M'GUIRK helped the prisoner kill the steer; it came from the Macquarie;
had cut a piece out of the hide for the purpose of making a pair of hobbles;
it might have contained the brands; he rolled the piece down, and left
it in the yard; a dog might have run away with it; a little boy was in
the stockyard, who ran away with the ear. The ear was marked. There were
two cows and their calves from BOTFIELD's run; one was sold to Mr BARTON,
of the Pipeclay.
Lawrence MOORE knew the calf; it belonged to prisoner and was branded
This being the whole of the evidence, Mr WILD eloquently and forcibly
addressed the jury, Mr CHAMBERS replied; and after a careful summing up
by the judge, the jury retired for about half an hour, when they returned
with a verdict of acquittal, which was received with expressions of approbation,
which his Honor immediately checked, saying that if it was repeated by
any one, he would give them 12 months imprisonment.
John M'EWEN, a respectable looking young man, was indicted for attacking
a Chinaman named Assee, residing at the gold-fields. Asses and a brother
Celestial not appearing, their recognizances were escheated, and the prisoner,
who had suffered three months in confinement in the Mudgee lock-up, as
admitted to bail, himself to £50, and two sureties in £25
each, to answer the charge next session.
James WALSH, indicted for obtaining money on false pretences, was discharged
upon his own recognizance of £50 to answer the charge when called
upon, the deposition not being perfect.
J C GARBUTT was indicted for stealing a number of sheep, the property
of Nicholas Paget BAYLY. Mr WILD applied for an adjournment of the case
till next sessions on account of not having had time to procure the attendance
of important witnesses for the defence. Mr CHAMBERS opposed the application
on the ground that two very important witnesses for the Crown being in
the employ of the prisoner could scarcely be depended upon if the trial
was postponed. His Honor thought, as the prisoner was only committed on
Tuesday last, he had not had time to prepare his defence, and would therefore
grant the application; the prisoner to find good bail - himself £300,
two sureties of £150 each.
James DILLON was indicted for unlawfully, maliciously, and feloniously
doing serious bodily harm to one J McKENZIES.
Mr WILD appeared for the defence. D MILLER, constable, apprehended the
prisoner on the 22nd September; on taking him into custody he said he
was very sorry for what had happened.
J McKENZIE resides on Menah Flat; is a neighbour of the prisoner. Called
on him on the evening in question for some shallots. "Yes" said
he, "I'll give you some shallots"; and ran and fetched a hoe,
dragged him out of the gig on to the road, knocked him down stupid, and
left him for dead, where he would have been now, had not it been that
his wife put her clothes around him.
Cross-examined by Mr WILD: He never had any words with DILLON, and had
no provocation, had a bit of a "barney" about pounding his cattle.
Would swear that he never called him " a ________ old 'pounder",
neither had he a "down" upon him. Was not drunk then or at the
present moment; his usual drink was spirits; port wine was the "spirit"
he usually drank; had lately been on the Castlereagh, where he got drunk
on rum. Was not a sly grog seller.
Mrs McKENZIE was with her husband at the time of the attack: they had
two or three words with DILLON about some cattle; he then struck her husband
with a hoe; she ran to JUPP's for assistance, leaving him all in his "gorges"
on the ground; on her return she said :"O you would kill him";
he replied, "Ah, and I will kill you too, you ____, if you do not
get out of the way". [Witness was very indignant with the learned
counsel for presuming to ask her if she ever got drunk]. She could not
say when she was last drunk, because she did not know she was first drunk.
Had taken some wine on the evening in question at FOREMAN's, some brandy
at READFORD's, and some wine at HEARD's.
Wilson RAMSAY was sent to see McKENZIE on the night in question found
him lying on a sofa apparently drunk; had a severe wound across the forehead;
attended him eight days; his intellect was affected; a fall from a gig
might have produced it. A t the time could not decide whether the symptoms
arose from drinking or a fall. Mrs McKENZIE was very drunk.
For the defence, James DILLON, a lad about eleven years of age was called:
Remembered the night when the row was. Mrs McKENZIE jumped out the gig
and took down their slip rails. The old man came with a whip and asked
for some sage, when Mrs McKENZIE picked up a lot of stones and threw them
at prisoner, who was hilling peas with a hoe; he kept lifting up the hoe
to keep off the stones; the old man got behind and commenced beating his
father with the whip. T he woman then in trying to snatch away the hoe
gave it a jerk, which caused it to fly back and knock down the old man.
No one had told him to say what he had told the jury.
Mr A B COX gave the prisoner a character. Mr WILD and the Crown Prosecutor
having both addressed the jury, His Honor summed up, and the jury, after
a short consultation, acquitted the prisoner.
Saturday April 6
The only case tried was a second indictment against James DILLON for assaulting
Mrs McKENZIE. The evidence was much the same as that given in the previous
case. The jury remained a long time shut up in the little room appropriated
to their use without coming to a decision, during which time his Honor
disposed of a case against Chon LONG, charged with robbing Mr LUCKIE's
store on the Meroo of forty ounces of gold
.The jury were then sent for
, who, saying that they were not likely to come to a decision, His Honor
ordered the Court to be cleared, so that they might have the use of it,
where they remained till after three o'clock, when his Honor said he would
follow a precedent set by Judge BRAMWELL, in England, and take the verdict
of the majority, which was not guilty - there being ten for and two against
Monday April 8
Before Mr M H LYONS, J.P.
Mary HAYES, charged by Constable KELLY with being drunk in Lewis-street,
was fined 10s. Not having sufficient funds, she was placed in the care
of Mr MacBEATH for twenty-four hours.
Tuesday April 9
Before the Mayor and Messrs MARLAY, CADELL and LYONS.
James Lee was charged with being illegally on the premises of Mr Thomas
MILLS on Sunday last. Mr Thomas MILLS deposed to finding the prisoner
in bed with a female in his house on the evening in question. He was not
lodging in the house at the time. The bench, having no power to punish
the prisoner, discharged him, at the same time thanking Mr MILLS for taking
such prompt steps to put down so gross an act of immorality.
Mr MACARTHUR was summoned for £11 13s 4d for wages due to George
RILEY, who said he was hired by a man of the name of THOMPSON to drive
a team of bullocks from New England for Mr MACARTHUR. On reaching Mudgee,
THOMPSON discharged him, and Mr MACARTHUR refused to pay him, saying he
was not his servant.
John THOMPSON: Hired complainant in consequence of one of the drivers
leaving the drays; he had not authority to hire any one; on reaching Mudgee,
he told RILEY to apply to Mr MACARTHUR for his wages.
Mr MACARTHUR stated that he had paid extra wages to the party so that
they might attend to any extra work on the road. That all this man could
have done, who was on his road to Mudgee, was to ride one of the spare
Remanded till next Tuesday for the evidence of the overseer.
S HILL was summoned under the Masters and Servants Act for £1 6s
wages due. T DRISCOLL: Was employed as a baker at 30s a week and his board.
He left on Tuesday being discharged for refusing to do double duty. S
HILL denied having discharged him, DRISCOLL having refused to do some
necessary work, walked off and got drunk. Defendant called C POLEN, who
deposed to having heard complainant refuse to "work" the bread,
at the same time offering to "work" HILL if he would jump off
the cart. HILL consequently hired another man. Ordered to pay 20s and
BAYLY v. T COY - no appearance.
W PEARSON v J C GARBUTT - Excess of damages on six head of working bullocks
impounded by GARBUTT. Adjourned till Friday for the appearance of Mr WALSH,
J M'MANUS summoned A B COX for £21 for wages. John M'MANUS was
engaged for six months as shepherd at the rate of £42 per year;
his time expired on the 1st April, when he demanded his wages. He gave
no notice that he was going to leave, Mr COX not requiring any. Mr COX
told him that he out to deliver his sheep before receiving his wages,
which were not due before 3rd April, on which day he never applied for
them. Mr COX would have paid him at the time had his flock been right.
Complainant admitted that he was engaged on 3rd October, and that he had
not applied for the wages on the 3rd April. Case dismissed.
J CRIMMINS for assaulting T BALLARD. Settled out of Court.
John Talbot WOODS charged with having, on the 25th February last, with
a person named BAKER, broken open with strong hand, and entered a certain
message belong to Mr H TEBBUTT. Mr JAMES appeared for Mr TEBBUTT, Mr BRODRIBB
for Mr WOOD. Owing to certain informalities the case was dismissed. It
will, we understand, be brought forward again on Friday.
John CORN was again brought forward for being of unsound mind. The Bench
decided that for the public safety it would be better to send the unfortunate
fellow to Bathurst.
A FEARFUL DEATH
On Friday last, a man named Peter MACGREGOR, and who has been known for
years in the district by the name of Peter the Dane, was driving a ration
cart from Fassifern to Moograh, when one of the wheels came against a
stump, overturning the vehicle and throwing the horse. The cart fell across
the lower part of the abdomen of the unfortunate man, and he lay there
without being able to extricate himself for twenty-four hours, when he
was discovered by some one passing by. To ass to the agony which he must
have suffered, the horse kicked him fearfully in making fruitless attempts
to rise. As soon as the accident was known medical assistance was sent
for; but when Dr LUCAS arrived the man was fast sinking, and death released
him from his suffering in the course of a few hours. - Ipswich Herald.
Wednesday, April 17, 1861
Friday, April 12
Before his Worship the Mayor, and Messrs MARLAY, LYONS and CADELL
W NOONAN was charged with horse stealing. Constable MORAN said the prisoner
was given into his custody for having in his possession a horse, the property
of W RAYNER. He said he had exchanged it with a man named CLARKE, who
gave him a receipt now produced.
W RAYNER deposed that his brother saw the horse a little way out of town
on Wednesday. He immediately went to the man and asked him how and where
he had got it from; he said he had changed, and had a receipt for it.
He then went for a policeman. He had last seen the horse about six months
since. It is branded CC on near shoulder, one C in circle, No. 6 on near
cheek, R No. 6 on off shoulder. They both claimed the horse, as he would
not given it up he gave him into custody. Had never disposed of the horse.
Mr BRODRIBB addressed the Bench on behalf of defendant, asking for a dismissal
of the case on the ground that NOONAN had acted truthfully and honestly;
that he had produced the receipt bearing the signature of a gentleman
who is known to be a large stockholder.
The Bench decided to adjourn the case till Tuesday week, in order to obtain
the evidence of a party from beyond Wellington. The horse to be detained
and NOONAN to be allowed bail.
Joseph CURRAN was summoned for unlawfully rescuing three horses which
were being driven to the pound for trespassing on the land of Mr BAYLY.
Mr BAYLY consented to the case being dismissed on CURRAN paying the expenses.
John MacMANUS was summoned for negligently losing a quantity of sheep
the property of Mr COX. Mr G H COX said defendant was a shepherd hired
on a written agreement about six years since, subsequently by verbal agreement.
26 sheep were lost in October and five more in March. The man was a very
good servant, but unfortunately through a grog shop being near his hut
he had neglected his flock, got drunk, and consequently lost his sheep.
T DILLON, overseer to Mr COX proved the delivery of the flock and its
deficiency. Mr COX wished to explain to the Bench that the man had been
so long in their service that hey would not have summoned him had he called
for settlement, instead of which he took out a summons against his brother
for wages. Mr COX then spoke to the shepherd and afterward informed the
Court that they had arranged to settle the matter.
The case against J C GARBUTT for charging excess of damages on six head
of working bullocks, the property of W PEARSON, was settled out of Court.
John Talbot WOODS was charged by Mr H TEBBUTT with breaking open a gate
and entering into a goods store belonging to the Mudgee Emporium. Mr JAMES
appeared for Mr TEBBUTT, Mr BRODRIBB for Mr WOODS.
Mr TEBBUTT having been sworn, said that defendant did, on the 25th February,
with the assistance of a youth of the name of BARKER, break down and destroy
a gate belonging to his premises in Parry-street. Was present when WOODS
commenced; told him that if he forced an entrance he should commence proceedings
against him; after giving this caution he left, not wishing to have any
words; had no doubt that had he resisted there would have breach of the
peace; had they come to blows he would not say that he should have had
the worst of it. Was not aware that WOODS had ever previously used the
gate. The premises were his own, and WOODS had no right to be upon them.
Could not say whether WOODS had any property within the gate.
Cross-examined by Mr BRODRIBB: Believed there was some hay in the stable
placed there by his partner, Mr GULLEY, consequently he (Mr TEBBUTT) had
an interest in it, and would not allow a pound's worth of it to be taken
away. Could not say what quantity of hay was there. The chain and lock
were put on the gate when Mr GULLEY left the premises. Could not say in
what position WOODS was acting; had seen an advertisement stating that
he was manager.
Moses BAILY said he was postmaster's assistant. On the 25th February WOODS
asked him to open a gate belonging to a yard in Perry-street, which he
refused to do. WOODS then broke it open, and shortly after took away two
trusses of hay. TEBBUTT and GULLEY had been in the habit of taking goods
through the gate. Did not know if Mr TEBBUTT had lately had the management
of the Emporium. Did not trouble himself about Mr TEBBUTT's affairs.
For the defence, F B GULLY said, since the 10th March, 1860, the business
of the Emporium had been conducted by WOODS. There was a range of buildings
in the yard which had always been sued for heavy goods, and which Mr WOODS
had access to till Mr TEBBUTT fastened the gate; at the time Mr TEBBUTT
fastened the gate there was hay in the store purchased by himself on account
of Mr WOODS, as manager, who kept the key.
Cross-examined by Mr JAMES: He gave WOODS possession of the whole of the
premises and stock, Mr. TEBBUTT consenting. They were partners, but were
not so any longer on account of both being insolvent; could hardly be
considered friends after Mr TEBBUTT had, in his usual style, threatened
to shoot him. Mr BRODRIBB was about putting another witness into the box,
when the Bench said there was sufficient evidence for them to dismiss
In consequence of a remark made by Mr TEBBUTT, Mr BRODRIBB requested that
the Bench would bind him over to keep the peace towards Mr WOODS, which
they refused to do, saying they were sure, after the decision in this
case and the fact that proceedings had been commenced in another Court,
that Mr TEBBUTT would wait for the result.
Tim DRISCOLL, summoned under the Masters and Servants Act for having
unlawfully absented himself from his master's service. Mr JAMES for defendant.
S HILL had hired DRISCOLL as a weekly servant at 30s per week; after working
six weeks he absented himself one Tuesday; he was consequently obliged
to hire another man. DRISCOLL said on the morning in question he had finished
his work at the usual hour. Not being able to get his master out of bed,
and breakfast not being ready, he though he might as well take his dirty
clothes to the washerwoman. On his return HILL spoke very roughly to him,
and said he must have certain work done. Not liking his dictatorial manner,
he replied that the word must was not a fit word to be used to mechanic.
HILL wanted him to put in another batch; this talk of a second baking
made him crusty; words ensued. He asked HILL to pay him, when he said
he would do so over the head. He (DRISCOLL) replied "If he was the
Parramatta Don he was a thoroughbred Irish Londoner, and was ready for
him any day. HILL wished to call one or two witnesses, but the Bench were
satisfied, and dismissed the case.
Tuesday, April 16
Before the Police Magistrate, his Worship the Mayor and Messrs BOWMAN,
CADELL, LYONS and MARLAY.
M'COY v. BAYLY - Dismissed through informality.
W ANDREWS and John WRITER charged with felony. Constable CAMPBELL stated
that the prisoners were given into his custody on Sunday evening for robbing
W HEALY of £16. On searching the prisoners he found 6s 6d on ANDREWS
and 1s on WRITER. In the yard of the house he found a pickle bottle containing
fourteen one pound notes concealed under some slabs. In answer to the
charge both said they knew nothing about it. HEALY gave him a piece of
cloth which he found in his pocket with a note rolled round it. The prosecutor
not being present, his brother, Mr T HEALY said he did not consider he
was able to be present in consequence of his having, as he believed, been
tampered with. Remanded till tomorrow.
Tuesday April 16
Before the Police Magistrate, his Worship the Mayor, and Messrs CADELL,
LYONS and MARLAY.
The neighbourhood of the Court was thronged with publicans and their
sureties. The first called were Mr T E MILLS, R R HUGHSON, W READFORD,
G R MILLS, and J W FOREMAN, all granted.
R W HEARD - Mr HARDY complained of the very bad state of one of the rooms.
Upon Mr HEARD promising to have it put into repair, his licence was granted.
C LEE, Hannah VILES, Patrick SULLIVAN and Jane McKENNA, granted.
John SMITH - Mr HARDY complained of the bar being in a very dirty state
and that the house was generally speaking out of repair. Mr SIMPSON, the
landlord, said he was going to do it up, and add five more rooms to it,
when it would be second to none in the town. Granted.
H FROST, John PHILLIP, Jacob JULIAN, A THOMPSON (Green Swamp), and Simon
GILLIES (Guntawang), granted.
W MARTIN (not appearing) was adjourned for three weeks.
John BARTON, Pipeclay - Mr BARRY objected on account of the house being
a resort for gamblers, and that he had been robbed there. Adjourned till
Tuesday next, Mr BARRY in the meantime to file his complaint.
J C GARBUTT - On the application of Mr BRODROIB this case was adjourned
for a week to enable the chief constable to report upon the state of the
house and stables.
Cath ROBINSON (Maitland Road) and W MALONEY, granted.
C LAMROCK, Mudgee Road - Mr TEBBUTT called the attention of the Bench
to a letter addressed to them by the Postmaster-General. It appeared that
on the day of the last mail robbery Mr TEBBUTT wrote a letter to the Postmaster-General
informing him of the robbery, and left the letter with Mr LAMROCK for
him to give to the mailman. From some cause or other the letter did not
reach its destination; the Post-office authorities therefore wished the
Bench to investigate the subject. Mr TEBBUTT said it was a matter of considerable
public importance. Complaints were being made daily of papers and letters
not reaching their destination, and he had determined, whenever he could
make out a case, to have it thoroughly investigated. Mr LAMROCK explained
giving the letter to the mailman. Mr LYONS said that he had heard that
mailman say that he had received it, and had given it to the other driver.
Under these circumstances Mr TEBBUTT said he should like the driver examined,
who was ordered to be in attendance next Tuesday. Licence granted.
The next applications were T SHELDON and W WILKINS (Cudgegong), granted.
S JAMES, absent on account of ill health, license granted upon obtaining
J SWORDS - The house not being completed, the case was adjourned for Mr
HARDY to report upon it.
R FROST, granted.
W STANBURY and R F MILNE, confectioners' license. Granted.
Stolen or Strayed from Collaroy, Cassilis, March 16th, a Brown MARE, stare
in forehead, little white on hind feet, and branded TD on near shoulder.
The above reward will be paid for information that will lead to her recovery.
Wm. GARDINER, Collaroy, Cassilis.
Subscribers' Names and Advertisements for the Western Post will in future
be received by Mr GOLDSMITH, Guntawang.
Saturday, April 20, 1861
Friday April 19
Before the Police Magistrate, his Worship the Mayor, and Messrs CADELL,
LYONS and MARLAY.
E BAYLY summoned for charging excessive damages on six calves, the property
of Thos. M'COY. T. M'COY swore the calf in question was his property.
J WALSH poundkeeper, proved the impounding of the calves by E BAYLY, who
placed upon them 4s 6d each for damages and driving; they were released
under protest by Mrs M'COY. Mrs M'COY paid 27s for the purpose of releasing
the calves. Could not say what part of Mr BAYLY's ground they were on.
SMALL DEBTS COURT
Friday April 19
J FREE v Jane M'KENNA - £2 2s for commission. Mr. BRODRIBB for
defendant. J FREE said he was employed to purchase some hay for Mrs M'KENNA.
After spending four days and riding forty miles, he was told she had obtained
it some elsewhere - J CHRISTIAN called: On the morning after the burning
of the hay at Oakfield Mrs M'KENNA inquired of him if he knew any one
who had a stack for sale. He spoke to FREE, and afterwards heard Mrs M'KENNA
give FREE instructions to try and purchase some of Mr BAYLY, and she would
pay him for his services. Mr LITTLE gave evidence respecting a stack FREE
had endeavoured to purchase of him. Mr BRODRIBB for defence, said, had
FREE followed his instructions, he would have purchased the stack belonging
to Mr BAYLY, and thus have saved Mrs M'KENNA considerable expense. Verdict
for the amount.
HUGO v RANWELL - 15s. HUGO not appearing the case was dismissed.
H FROST v C LEE - £2 7s 6d Verdict for plaintiff.
H FROST v M CONOLLY - £4 5s. Settled out of Court.
H FROST v E TOUHY - £2 7s 6d. Verdict for plaintiff.
H FROST v W RYAN - £2 7s 6d. Settled out of court.
H FROST v. A F JACKSON - £2 money lent, &c. Verdict for plaintiff.
H FROST v Samuel JAMES - Dr. Cutting applied to have this case postponed.
Mr JAMES having last night had a fit of apoplexy. Granted.
W RAMSAY v J KERR - £5 12s 6d. Medical attendance. Settled
T KNOWLES v A COX - £2 7s agistment. Settled.
J C WILLIAMS v H NICHOLAS - £9 18s 8d goods old, &c. Verdict
J C WILLIAMS v C BATES - £8 7s 8d goods sold, &c. Verdict for
J C WILLIAMS v E BATES - £7 3s 10d goods sold. Verdict for plaintiff.
John KANE v J DUFFY - £3 10s value of a saddle. No appearance.
W HOWARTH v W WILTON - £10 balance of account. Verdict for plaintiff.
E CARTER v J BURGESS - CLARKE (for TEMPLETON) for defendant. £6
1s 6d for rent due to him as agent for a person of the name of MILLER.
CARTER said BURGESS had lived under him, and afterwards he "let him
on oath" a piece ground at 1s per week, on which BURGESS put up a
tent; he eventually raised the rent to 2s 6d. Mr CLARKE having pointed
out the informality in the summons, the case was dismissed.
W B HUTCHINSON v P MALONEY - £5 4s for newspapers. Postponed till
T HOLMES v H DEAN - CLARKE for defendant. £5 for breaking in a horse.
Plaintiff engaged to break in horse defendant had on trial from Mr HONEYSETT
- Value £50; before the horse was thoroughly quiet, HOLMES engaged
with Mr HEARD and requested that it should be handed over to TARRANT to
finish. TARRANT had the horse in plough, but it was so timid that he did
not venture to put it in his team, as requested; knowing its value he
was afraid to run any risk. It was eventually returned to HONEYSETT, who
said the horse was perfectly quiet when he handed him over to DEAN, so
that he wanted no breaking-in. Mr DEAN was willing to make good his agreement;
he had offered to pay £5 when the horse was quiet enough for him
to manage; the last time HOLMES rode it he was afraid to get on him till
he had led him from his stables to those of Mr HEARD, when the horse was
placed in the stall before HOLMES would mount him; he (Mr DEAN) had too
much regard for his life to ride the horse, it was consequently returned.
H J LAVERS v T HAVELAND - £5 14s 6d goods sold. Verdict for the
H J LAVERS v J ARBUCKLE - £1 8s 9d goods sold. Verdict for the amount.
H J LAVERS v Alfred JACKSON - £2 1s 7d goods sold. Verdict for plaintiff.
E BAYLY v SIMPSON - £5 compensation for trespass of eleven head
of cattle. JAMES for plaintiff. Mr BAYLY had suffered so much from Mr
SIMPSON's cattle that he found it was no use impounding them; on the night
in question eleven head had got into his garden and destroyed his peach
trees, vines, &c.; he drove them to SIMPSON's and after a long effort
to wake them up, an old man took delivery. He did not seek the £5
for the sake of the money, but rather to put a stop to the annoyance and
loss he had so long suffered. Mr SIMPSON called witnesses to prove that
the cattle in question did not belong to him, and that Mr BAYLY's fence
was not sufficiently good enough to keep out cattle. The case occupied
a considerable time and was eventually dismissed on account of the Bench
being equally divided in their opinion.
W BALL v LYONS - £7 postponed.
E G ROSE v A MURDOCH - £7 goods sold. Settled.
T E MILLS v J KIRKNESS - £5 promissory note. Settled.
W RAMSAY v W LYNES - £1 1s medical attendance. Settled.
W RAMSAY v B BACHELOR - £2 7s 6d medical attendance. Settled.
We regret to have to record another case of incendiarism. The residence
of Mr Edward SMITH, of Krawarree, Upper Shoalhaven, was set fire to and
totally destroyed. Mr SMITH has offered a reward of £50 for the
conviction of the perpetrator of this dastardly act. It seems to be an
established practice now if any disagreement takes place between parties
to burn their premises or crops; but it ought to be borne in mind that
arson in a dwelling hose is still by the law of England a capital offence.
Although perhaps the extreme penalty of the law is very seldom carried
out, yet still the only way to put a stop to a recurrence of such offences
it to inflict upon the cowardly perpetrators of them the severest penalty
of the law. - Braidwood Dispatch.
HUMAN BONES FOUND - James CALLAGHAN, of Brook's Flat, reported to Mr
J THOMPSON, coroner, that he had found, on the track of the Tomalpin Road,
the bones of a human body, which he supposes to be those of a blackfellow,
who has been missing from George HAMMONS, of Richmond Vale. M. Mercury.
MURDEROUS ASSAULT - At Meadow Flat in the Bathurst district, Mr THOMPSON,
a farmer, was about a fortnight since, awoke by the barking of his dog,
and on going out to ascertain the cause, found a man disguised with a
counterpane and petticoats, like Chinese trowsers, who demanded his money,
at the same time presenting a pistol at him. THOMPSON said that he had
paid away his money. The robber then commenced a murderous assault with
his pistol THOMPSON, notwithstanding he was fearfully wounded, grappled
with the man, who ultimately made his escape. On examining the ground
the next day, the pistol barrel about 15 inches long was found broken
from the stock; the ground was also clotted with blood.
A MISERABLE DEATH - An inquest was held at the Alma Hotel, West Maitland,
by Mr THOMPSON, on the body of Ann TURNER, who had resided at the rear
of the hotel. From the evidence it appeared that for a period of four
years the deceased had suffered from ulcerated legs, apparently caused
from her habits of intemperance. About twelve weeks since, her husband,
who is employed as a shepherd at Colleroy, left her without any means
of support. A neighbour, hearing that deceased was very ill the day before
her death remained with her till she expired. Dr WIGAN examined the surface
of the body and found that the deceased had been suffering from a complaint
known as prolapsus uteri, and had died from neglect of proper treatment,
mortification having set in. - Maitland Mercury.
ESCAPE OF A PRISONER FROM THE GRAFTON LOCK UP - William SALES under remand
for robbing a dray, succeeded in effecting his escape from the Grafton
lock up, by boring a hole under the joists. He has, up to the present
time, evaded his pursuers, and is still at large. The constable in charge
of the prisoner has been suspended.
HORRIBLE MURDER AT WINBURNDALE - We have the painful duty to record the
frightful murder of a female, which took place on the Winburndale Creek,
on Sunday night last. The coroner, Dr. BUSBY, held an inquest on the body
of deceased on Monday, which resulted in a verdict of willful murder against
John ATKINSON, the husband of deceased, who was thereupon committed to
gaol under the coroner's warrant.
The following are a few brief particulars of the horrid deed. It appears
that the prisoner and his wife Margaret ATKINSON had for a good many years
lived on the Winburndale Creek, and had both been occupied sawing timber;
both prisoner and deceased bore but indifferent characters, and were in
the habit of indulging in the excessive use of spirits, upon which occasions
they were in the habit of quarrelling. On Sunday night they had been drinking,
which resulted in the murder it is our duty to record. Just previous to
daybreak on Monday morning the prisoner went to the tent of two diggers,
which is situated a few hundred yards from the scene of the tragedy, and
calling upon them by name, old them to come t his hut as he had killed
the old woman. An alarm was immediately made, and it was not long before
Trooper LYONS from Wyagden arrived at Winburndale Creek, where he took
the prisoner into custody. The scene which presented itself was horrifying:
the deceased was lying on the floor of the hut in a pool of blood apparently
literally smashed to jelly; he head was covered with wounds, and one of
her arms had been broken, evidently in the attempt she had made to guard
her head from the blows with which she had been assailed.
Dr WILKINSON performed a post mortem examination on the body of the deceased,
and of course pronounced that she had met her death by violence, and that
the blows on the head were the immediate cause of death. A very heavy
three legged stood, a shingle hammer, and a spade were produced, all stained
with blood; the stood, which had a quantity of hair sticking to it, had
evidently been broken by the violence of the blows. The prisoner's shirt
was much torn, and his clothing saturated in blood. When asked if he had
any thing to say, he did not deny the fact of having killed deceased,
but said that he had no recollection of how it occurred. The unfortunate
woman was about 50 years of age. We are informed that subsequent to the
murder, the prisoner attempted twice to destroy himself by hanging. A
rope which he had secreted was taken from him when he was apprehended.
B Free Press.
SERIOUS ACCIDENT - We are sorry to have to record a serious accident
which befell Mr WILKINS, the well known host of the Australian Arms, Cudgegong
Corner. Mr WILKINS had visited Mudgee for the purpose of attending the
licensing meeting on Tuesday. Other business detained him in town till
the following day, when he started for home, accompanied by Mr THURSTON
and another gentleman. The party were proceeding at a quick pace along
the road beyond Johnny COX's when on reaching Mr CADELL's fence, near
little Oakey Creek, WILKINS's horse came in contact with a tree. The horse
endeavoured to avoid it, but was checked by WILKINS, who though the best
chance of escape was the other side; the consequence was he was thrown,
and his thigh, striking the tree, was broken. Mr THURSTON immediately
started for medical aid, and was fortunate enough to find Dr. RAMSAY at
home, who with Mr CLARKE proceeded to the spot. Dr RAMSAY reduced the
fracture with his usual skill, WILKINS bearing the painful operation with
so much fortitude as to be able to indulge in humorous remarks.
JOHN CORN, THE MADMAN - This unfortunate fellow was sent on Friday (yesterday)
by the mail, in charge of constable CAMPBELL, to Sydney. It was with great
difficulty the police managed to put his clothes on. Before taking him
out of the cell they had to handcuff him. He was very noisy, and addressed
the people about the court with great vehemence. Upon being taken into
the police yard he shouted, " Now look out all of you!" and
then made a rush to escape. Three constables escorted him to the mail.
He was quiet when the mail started.
Wednesday, April 24, 1861
On Saturday, 20th instant, at her residence, Gladstone-street, Mudgee,
Mrs Andrew M'CAULEY, of a daughter.
From a Correspondent
On Wednesday morning, 17th inst., supposed to be between 2 and 3 o'clock,
Mr William PIPER's store was broken into and cash, cheques and a gold
and silver watch carried off. A cheque for £20, drawn by Dr. MORRIS,
C.P.S., a cheque for £15 19s 6d drawn by Mr LAMBE, of Llangollen,
in favour of "HANNAH", on the Bank of New South Wales, Sydney,
and an order drawn by MACQUEEN on Dr. TRAILL, of Collaroy, were amongst
the property taken. There were also a few smaller orders and cheques taken.
An order drawn on Burt and Co, Sydney, for £5, and a cheque drawn
by constable MUNRO on account of the public service for £1 10s,
are missing. No goods from the store were taken except the watches above
referred to, cash being the object the scoundrel had unquestionably in
view. The real value of the property missing will not fall much short
of £100. The entrance was effected by removing the sash of a small
back window. The follow must have done his work very quietly, as nothing
was disturbed or carried off expect the watches and books, where he must
have known Mr PIPER was keeping his money. The books were found next morning
uninjured in a watercloset about fifteen yards from Mr PIPER's store.
Matches had been used in the closet while the search through the books
was going on. The loss to Mr PIPER would have been very serious had the
books been lost or destroyed. The police have again another chance of
proving to this community that they are not entirely useless. May they
Tuesday April 24
Before the Police Magistrate, the Mayor, and Messrs LYONS, MARLAY, CADELL
Thomas POTFIELD was charged with being drunk in Perry-street. In consideration
of having been in the lock up since Friday he was discharged.
John BURNES charged with being drunk and using obscene language in Market-street.
Fined 10s., or 24 hours imprisonment.
Daniel HEARN was charged with being drunk and using obscene language
in Market-street. Prisoner said he had worked till 9 o'clock and had no
place to go to but a public house. His Worship recommended him to attend
the Mechanic's Institute. Fined 20s. The Police Magistrate reminded him
that if he came before the Bench again and the chief constable could prove
that he was a confirmed drunkard, the Bench could send him to gaol for
W ANDREWS charged with being drunk and assaulting the police. Constable
FARRAND found prisoner drunk on Sunday; upon speaking to him he became
very violent, and kicked him several times. Fined 40s., or three days.
W R BLACKMAN summoned for suffering two horses to stray in the public
streets. Fined 5s. and costs.
W SIMPSON was summoned for allowing eleven cows on the Government reserve.
Fined 5s and costs.
W ARNOLD for allowing a horse to stray was fined 5s and costs.
Thomas NEW for allowing a cow to stray was fined 5s and costs.
Bridget M'CORMACK, charged with using obscene language, was fined £3
or 14 days.
Ellen MASON, charge with using obscene language. A warrant was issued
for her apprehension.
L MOORE was charged with uttering a cheque knowing it to be forged. Constable
MILLER apprehended prisoner on Monday morning on warrant. On his being
searched, £3 11s and a blank cheque book was found upon him. Henry
FROST deposed: On Saturday evening prisoner asked him to cash a cheque
on TAILBY, which he did on his endorsing it. Mr BLOODSWORTH likewise did
the same, as security for him (FROST). The cheque then produced in Court
was the one in question. On Monday morning the cheque was presented, and
returned unpaid. He then caused the prisoner to be taken into custody.
Knew Mr TAILBY, and at the time of cashing the cheque thought it was his
writing. Mr SKINNER, Manager of the Joint Stock Bank, proved the presentation
of the cheque by prisoner, who said that he had advanced the money to
Mr TAILBY. The cheque appeared to have been altered since, the letter
y having been added. Upon telling him that it was not Mr TAILBY's signature,
he admitted that he had signed it himself. The cheque was a second time
presented, when he wrote the word "forgery" upon it. Adjourned
for 14 days to allow Mr TAILBY time to come to Mudgee. Bail not allowed.
Charles RAEY of Campbell's Creek, appeared to answer a charge of breach
of the Registration Act. Mr BRODRIBB appeared for the defence. J W ALLPASS,
Registrar of Births, Deaths &c., for the district of Mudgee, produced
his registration book, which contained an entry of the birth of a child,
in which defendant appeared as the husband of the mother. The husband
of the woman had requested to examine the register and had instituted
the present proceedings. He (Mr ALLPASS) could not swear who had registered
the child, he having received the particulars of the birth through the
post. It was not the custom to file such letters, his entering the birth
being all that was required. He had no vindictive feeling against defendant,
but if such cases were allowed to fall on the ground, it would completely
do away with the object and advantage of the registration. The Bench were
of the opinion that unless Mr ALLPASS could produce the letter, or bring
forward the party who wrote it, they must dismiss the case. Case dismissed.
Richard CROSSING appeared to answer a charge brought against him by a
person named BUTLER with having obstructed the public highway known as
the Wyadra road, by causing trees to be felled across it. Mr CLARKE (for
TEMPLETON) for defendant. Mr CLARKE applied for a nonsuit on the ground
that BUTLER, the complainant, not being able to prove that the road in
question was a highway. Case dismissed.
Jacob JULIAN appeared to show cause why his license, already granted,
should not be re-considered. It appeared that Mr JULIAN had notice to
appear in a late case, which not coming on in the usual course, Mr JULIAN
went home supposing it was adjourned till the following day. Mr BRODRIBB
assured the bench that it was far from Mr JULIAN's intention to treat
the Bench with contempt. They therefore consented to continued the license.
A second charge was then brought against Mr JULIAN for selling spirituous
liquor on Sunday. Mr. BRODRIBB informed the Bench that the party was a
traveller. The case was adjourned till Friday in consequence of the non-attendance
of a person who had been summoned as a witness.
John BARTON appeared to answer a charge brought by Mr BARRY, who objected
to a license to defendant on the ground of his house being frequented
by improper characters. Mr CLARK (for TEMPLETON) appeared for BARTON.
Mr BARRY said he was travelling with his family when he put his horse
up at the house in question. After partaking some refreshment he called
for his horse, when he was insulted, ill-treated, and his saddle stolen,
so that he was compelled to ride his horse to Mudgee barebacked. He had
not seen the saddle since. He believed that had Mr BARTON been at home
at the time he would not have allowed such shameful behaviour in his house.
The Bench said, considering the character of Mr BARTON, and the fact that
he away from home at the time, they would renew his license.
J C GARBUTT was next called. Mr BRODRIBB explained that the applicant
had only just arrived from Sydney; he would therefore wish to have the
case postponed for a week. The Bench said they were of opinion that Mr
GARBUTT could not hold a license and refused to adjourn the case.
W B HUTCHINSON (editor and proprietor of the Mudgee Newspaper) was charged
with publishing a gross and malicious libel against Mr W HOWARTH, editor
of the Western Post. Mr BRODRIBB and Mr CLARKE (for TEMPLETON) appeared
for complainant. Mr JAMES for defendant. Mr HOWARTH having been sworn,
said that he was editor of the Western Post. On Saturday, April 20, he
received a copy of the Mudgee Newspaper, the leader of which contained
the libel he complained of, viz., that he was a blackguard, and further
that "we were never found on the diggings in company with noted thieves
as mates, and apprehended and dragged before the commissioner for having
stolen property in our possession". He (Mr HOWARTH) had no doubt
that they words referred to himself, and that they were calculated to
do him serious injury. Mr JAMES cross-examined Mr HOWARTH at considerable
length as to his reason for supposing that the leader referred to himself.
W H BARKER proved having purchased a copy of the paper, and Mr PORTER
that Mr HUCHINSON was both proprietor and publisher. Mr JAMES addressed
the Bench at considerable length, contending that it was impossible for
any one to believe that the article in question could refer to complainant,
and that if could not by any means hurt him, as people in Mudgee would
not believe it. The Bench was unanimous in committing defendant, who was
admitted to bail.
W RANWELL, publisher of the Western Post, was charged with having inserted
a leader in that paper containing the following paragraph:-
"Our contemporary, in the warmth of his gratitude for the satisfactory
state of his paper, promises wonderful things when the telegraph line
is completed. Why does he not do the possible now? What has become of
his Sydney correspondent? Wherefore this oracle become silent? We know:
the public can probably guess. With regard to telegraphic dispatches,
does our sagacious contemporary imagine that he alone will favour the
public? Did it never occur to him it was possible the same means of communication
might be used by others? We never boast or promise more than we are able
to perform, but we shall always be able to keep ahead of our contemporary
I the way of news and yet be in no danger, we hope, of walking through
the Insolvent Court, and then through the town without our certificate.
Our subscribers may ever depend upon us always doing what is possible
and getting what is procurable. Our Sydney correspondent continues faithful
to us, short reckoning making long friends".
The latter part of which was said to be a reflection upon William B HUTCHINSON,
proprietor of the Mudgee Newspaper.
Mr JAMES appeared for Mr HUTCHINSON, Mr BRODRIBB for Mr RANWELL.
R PORTER having been sworn, said he was at present a farmer , had formerly
been connected with the Mudgee Newspaper; had lately resided at the office;
he produced a copy of the Western Post dated April 17th, which had been
left on the morning of its publication at the Mudgee Newspaper. He believed
that the paragraph "We never boast or promise more than we are able
to perform" &c., referred to his father in law, Mr HUTCHINSON,
from the fact that he (Mr HUTCHINSON) had been insolvent, and that he
was proprietor of the Mudgee Newspaper. Mr HUTCHINSON was insolvent two
years ago, which was about twelve months before he became proprietor of
the paper. Mr HUTCHINSON's means of living he thought were limited; he
depended on the proceeds of the paper. Believed that he was not possessed
of any landed estates.
Cross-examined by Mr BRODRIBB: Mr HUTCHINSON got his certificate almost
directly after he filed his schedule. It was not generally known that
he had obtained it. He (Mr PORTER) had an interest in the welfare of Mr
HUTCHINSON. The publication of the Western Post had increased the circulation
of the Mudgee Newspaper.
W B HUTCHINSON said that the words in the information referred to him,
because, previous to his becoming proprietor of the paper, he was insolvent,
and that it was not generally known that he had received his certificate.
Believed that the sentence commencing "Our Sydney correspondent,"
&c., inferred that he was not in the habit of paying his Sydney correspondent,
which he had more than done, having made that gentleman a present for
his services. Upon being asked for the name of the gentleman, Mr HUTCHINSON
declined to answer the question as it would do him a serious injury, he
having no doubt that the Western Post would be very glad to obtain the
Mr BRODRIBB for the defence, argued that the writer of the article knew
nothing of Mr. HUTCHINSON's insolvency; that the words in question referred
solely to the prudent course the managers of the Western Post had determined
to pursue respecting the financial conduct of their paper. The Bench decided
to send the case to a jury. Bail allowed.
NEW SCHOOL ROOM - We learn that a schoolroom to be used as a church on
Sunday afternoons, is about to be built in the Horse Shoe Bend, West Maitland,
for the Church of England, on an allotment of land given for the purpose
by A J DOYLE, Esq. The Rev. J R THACKERAY and a catechist will, we are
informed, officiate alternately on Sunday afternoons, while during the
week the building will be used as a school room. It is to be of weatherboard,
42 feet by 18 feet and the contract has been taken by Mr GRAHAM. - Maitland
FURTHER BANK DEFALCATION - Another bank defalcation has been discovered
in the branch Bank of New South Wales, West Maitland, amounting to £600,
and that Mr SWIRE, the late accountant, is charged with appropriating
it. Mr SWIRE has written to the head office, acknowledging that he did
so, and enclosing a cheque on another bank for £600, which of course
was returned to him. - Maitland Mercury.
EXTRAORDINARY DEATH - An inquest was held at the Fitzroy Hotel, by Mr
M'KINLAY, the coroner, on the body of Thomas FRAZER, wheelwright, residing
here. From the evidence it appeared that FRAZER had gone out to the bush
to work, with a sharp axe on his shoulder, about 9 o'clock on Thursday
morning. He was then in good health, and perfectly sober. Nothing more
was heard or seen of him, until a Mr CLARK was going towards a waterhole,
where people are occasionally in the habit of getting water, about 2 o'clock
in the afternoon, when he discovered the lifeless body, with a deep gash
in the forehead; the face and body covered with blood, and a quantity
of blood on the ground. An axe was close by and also a hat saturated with
blood both identified as the deceased's. It was satisfactorily established
that deceased had tripped against a little stump, and fell upon the edge
of the sharp axe, cutting the left side of the forehead, from the top
through the eyebrow in a slanting direction, to the bone, severing all
the blood-vessels in that vicinity. From the place where the accident
must have occurred to where the body was found blood in large quantities
was visible; and it was evident that he had been making straight for the
doctor's residence, when he probably feinted and expired. The jury unanimously
returned a verdict of accidental death. Deceased was a strong, able man,
in the prime of life, and leaves a wife and five young children, we are
sorry to learn, quite unprovided for. The jury, in a very praiseworthy
manner, entered into a subscription for their immediate wants; and as
deceased was a man much respected by most of the townspeople, we hope
that something may be done to mitigate the blow and alleviate the distress
inseparable from such calamities - Clarence Town Correspondent of M. Mercury.
TO BE SOLD
A team of eight working bullocks, harness and dray. Inquire of George
IVORY, Burrundulla Creek.
Saturday, April 27, 1861
Friday 26th April
Present - His Worship the Mayor, the Police Magistrate and T CADELL, Esq.,
Mrs MASON was brought up on warrant for disobeying summons and for being
drunk, and using obscene language in the public streets. Prisoner pleaded
guilty of being drunk, but, as usual, knew nothing of the bad language.
Her reason for not appearing on Tuesday, was that she expected to be fined
and was therefore preparing herself with change to pay. She promised to
leave the town as soon as her husband returned. He was a fiddler, and
earned plenty of money. Mr HARDY said prisoner had been brought up on
the same charge before; she kept a very disorderly house, and repeated
complaints were made to him about her. Fiend 40s and costs.
Alderman ATKINSON, William SIMPSON and John SWORDS were each fined 5s
and costs for offending against the Towns Police Act. The magistrates
said that for the first offence they would only inflict a small penalty;
a second complaint would be more severely dealt with.
Jacob JULIAN appeared to answer a charge for having supplied a person
with spirits on Sunday. Mr BRODRIBB explained that the spirits were given
to a party who was considered a traveller. Mr JULIAN, who was ill at the
time, hearing some one in the house, called out that nothing was to be
given; it was, however, too late, his daughter having served the party.
The Bench said, considering that this was a first offence, and the good
character the house bore, they would only inflict a penalty of 10s.
J WALSH, poundkeeper, was summoned by Mr MARLAY under the Tenants Act
for unlawfully keeping possession of a farm at Oakfield. Mr CLARKE (for
TEMPLETON) appeared for Mr MARLAY. H THURSTON, clerk to Mr TEMPLETON,
proved serving a summons personally on WALSH on Monday evening returnable
this day (Friday). He explained to him the nature of it, which he said
he fully understood. At the same time he expressed his willingness to
give up possession of the farm. Mr WALSH here delivered the lease to the
Court, which at once settled the case.
The adjourned case of RAYNER against NOONAN for having a horse in his
possession, supposed to stolen was again adjourned in order to obtain
the presence of a witness from Molong, no return having been made of the
summons issued on the day of the first hearing of the case.
SINGULAR ACCIDENT - A child named Patrick CUMINGS of Winger, by some
means fell into one of the holes that had been sunk for the telegraph
posts, some five feet deep, and although near to his home he was not missed,
neither was he heard to cry out. The hole had been sunk through stones
and gravel, and as the child fell some of the gravel had fallen in with
him and completely wedged him up, with one leg doubled under him. Mr WILLIAMS,
the road overseer, happened, on his way home, to pass the place and heard
the cry of the child (who is nine years of age), and got from his horse
to relive him but found it impossible to do so. He at once proceeded for
assistance, and five or six of the contractor's men, with pick and shovels,
commenced to cut away all round, and after an hour's hard work got the
poor child out. Dr. GORDON happened to be passing, and upon examination
found no injury save a few bruises and scratches on one leg. - M Mercury.
MYSTERIOUS DISAPPEARANCE - Mrs HUTCHINSON, wife of bullock-driver at
Toowomba, named William HUTCHINSON, had a child under her charge whom
she was in the habit of ill-using in the absence of her husband. On HUTCHINSON's
recent return to Toowoomba from Ipswich, he asked for the child. Mrs HUTCHINSON
said she did not know where it was. Some alternation ensued, and he told
her to go and find it. She went away and neither she nor the child have
been heard of. Mrs HUTCHINSON was brought before the court some five weeks
since ill-using the child, when the complaint fell to the ground for want
of witnesses - Darling Downs Gazette.
IMPUDENT ROBBERY UNDER ARMS - A day or two ago two armed men made their
appearance at the store of Mr TYLER, of Caloola, whom they ordered to
give up all his valuables. They took from Mr TYLER about £20 in
money and a gold watch. The watch, however, they returned, and then decamped.
They had not gone long, however, before they returned and took away with
them a quantity of jewellery. From the residence of Mr TYLER they proceeded
to the public house kept by Mr HARGANS, whom they ordered to deliver up
his money. The scoundrels took from him some silver, but with a wonderful
magnanimity they subsequently returned it. Mr JOHNSON, storekeeper of
Bathurst, who happened to be at Mr HARGAN'S at the time, was also informed
that his cash was required. He handed the desparados his portmonnaie,
which they emptied of the silver it contained; but fortunately for Mr
JOHNSON, they omitted to open the inner pocket, which contained some bank
notes. Having returned the portmonnie, the two ruffians ordered dinner,
which they discussed with a tolerable appetite; paid for it by throwing
on the table two of Mr JOHNSON's half-crowns; they then made themselves
scarce. We believe that the police are on their tracks, and it is to be
hoped the scoundrels will not escape. - Bathurst Times.
The public are hereby cautioned not to cash or receive in payment the
following cheques and orders, as they were stolen from the Stores of the
undersigned on the morning of the 17th instant.
No. 25,668, Cheque for £20, drawn in favour of Alexander FRASER,
for collecting electoral lists, dated 12th April, 1861, by John MORRIS,
Cheque drawn by F C LAMBE for £15 19s 6d in favour of "HANNAH",
on the Bank of New South Wales, Sydney.
Order drawn by Alexander MACQUEEN No. 77-61, on R J TRAILL, Collaroy,
for £22 5s 3d in favour of Jone (Chinaman).
Payment has been stopped.
(Signed) William Piper
Western Post and Mudgee Newspaper December 1861
Wednesday, December 4, 1861
STOLEN or strayed from Cullendaddy, the following described horses, viz.:-
One Brown MARE, branded PT on near shoulder, blaze down face; when lost
had a bell and chain on neck.
One Brown COLT, branded J off shoulder, hind feet white.
One Bay MARE, lame in foreleg, branded TFH (the TF conjoined) under saddle
If stolen the above reward will be paid on recovery and conviction of
the thief; or £3 if strayed. Apply to
Mr J DOPPING
THREE POUNDS REWARD
Strayed from Mudgee, a few days since, one Chestnut MARE, white face,
three white legs, branded like HR or THR conjoined off shoulder.
One Bay HORSE, star, branded GD near shoulder.
One Dark Brown FILLY, branded ER near shoulder.
The above horses are supposed to have strayed onto the Maitland Road,
and will make for the Macquarie. £1 reward each will be paid on
G HOSKINS, Market-lane, Mudgee, Oct. 19th.
STOLEN from my stables on the night of Saturday, 28th September, by a
man in my employment as groom, named Thomas MURPHY, a Bay Horse, branded
JF in large letters off side; one hind foot white, bald face.
MURPHY is about 5feet 6inches high, dark complexion, has had one of his
legs broken. £5 will be paid for recovery of the horse, or £10
for such information as will lead to the conviction of the thief.
W RODNEY, Marhaguy Inn, Marthaguy Creek.
Tuesday, December 3rd
Present: The Police Magistrate, his worship the Mayor, E MARLAY, and T.
Persevering Attempt to Break Out of the Lock-Up
Thomas BROWN, charged with attempting to break out of one of the cells
of the Mudgee lock-up.
Norman McBEATH said he was lock-up keeper; the prisoner was in his charge,
being committed to take his trial at the Quarter Sessions upon a charge
of stealing jewellery; on Saturday, as he was standing outside of the
lock-up, he fancied he heard a kind of digging noise in the wall; suspecting
that all was not right, he went round with constable KELLY, and turned
the prisoner and another one named BLACK out, for the purpose of examining
the cell, when he found two large pieces of board cut out of the wall
by means of a succession of holes made with a gimlet; he likewise found
part of the brick work of the wall loosened, and a piece of the flooring
cut through, evidently for the purpose of stowing away the bricks and
mortar taken out of the wall; on continuing to search, he found a gimlet
and two pieces of old iron hoop, which had strips of blanket rolled round
the ends for the purpose of protecting his hands; the bricks were not
removed, but were much broken; he charged the prisoner with attempting
to break out; he replied " it was very hard for him to be there charged
with a crime of which he was innocent". When prisoner was put in
the cell he was searched; the instruments found in the cell must have
been conveyed to the prisoner through the grating.
Samuel SORBY, a prisoner out on bail on a charge of cutting and wounding,
said he had been confined in the same cell with the prisoner, and knew
nothing of the occurrence.
Thomas BLACK, committed for manslaughter, was placed in the dock.
N. McBEATH re-examined: The prisoner BLACK was the man he referred to
as being in the cell with BROWN; would swear that the boards were not
cut through before either of the prisoners were put into the cell, he
having washed the cell out the day previously. Other prisoners had been
in the cell. Upon speaking to BLACK he denied knowing anything about it,
upon which BROWN said, "that neither BLACK nor SORBY knew any thing
about it". The reason he (McBEATH) charged BROWN with the offence
was his own admission.
The Bench said there was no evidence against BLACK, and committed BROWN.
John SMITH for stealing a watch.
Constable MILLER said he took the prisoner into custody on Saturday, upon
a charge of being illegally on Mr. SINDEN's premises, and stealing therefrom
a gold watch and chain. Prisoner said he hoped that Mr SINDEN would day
nothing about it.
The prisoner, who was very noisy and insolent during the constable's examination,
and not taking any notice of the warning of the Bench, was ordered to
be imprisoned for a week for contempt of court.
The case against him was consequently remanded.
Prisoner, upon being taken away, said he did not care if they had ordered
him to the lock up for six months.
Eliza SHIRLEY, for stealing £5
Mr. BRODRIBB for defence.
Constable CAMPBELL said the prisoner was given into his custody on Saturday,
charged with stealing a five-pound note. She denied the charge. Upon searching
her house he found the note which he now produced, in a purse at the bottom
of a stone bottle. He likewise produced another £5 note, drawn upon
the same bank, and bearing the preceding number to the one stolen. The
prisoner attempted to make the matter up, and said, "give him the
£5 note and let him go, so that no more may be said about it."
Prosecutor told him that he had given the prisoner a one-pound note.
Timothy McOLIFFE said he was a labourer; on Saturday night he slept at
the prisoner's house; he was not very sober; he had two five pound notes,
a one pound note, half a sovereign, and some silver; he put the notes
into his trowsers pocket before going to bed, when he awoke he found one
of the notes missing; he accused prisoner with taking it, which she denied;
he afterwards gave her in charge; was present when the note was found
in a bottle; he could swear to the note he gave the constable, but could
not to the one he had lost.
Cross-examined by Mr. BRODRIBB: Had received the notes from the bank;
would swear that he did not tell the constable that he had given the woman
a one pound note.
Constable KELLY said he was present when the house was searched; after
the prisoner was locked up, he heard the previous witness say that he
had given the woman a one pound note.
Committed to the Quarter Sessions.
Mr A B COX, charged with breach of the Impounding Act.
Mr. JAMES appeared for the complainant.
John BAX said defendant had impounded ten head of horses and one cow,
upon which he had charged £1 10s 6d, which was a larger amount than
was allowed by the Act; the horses were in his stock yard when he went
James WALSH, poundkeeper, said the horses and cow were impounded by Mr.
A B COX, who placed 2s 6d on each for damage and driving; Mr. COX had
taken them out of his enclosed land.
Mr JAMES attempted to prove that they had only been in the swamp paddock.
As it was only inference, the Bench dismissed the case.
December 7 1861
TESTIMONIAL to Mr. ALLPASS, Headmaster of the National School, Mudgee.
It is intended to present Mr. ALLPASS (on the occasion of his leaving
the district for an appointment in Sydney) with a service of plate. The
lists are now in the course of signatures, and will, we think, contain
the names of all who appreciate the readiness with which Mr. ALLPASS has
always assisted in every effort to promote the advancement of the town
THE LATE MAIL ROBBERY - William COLLIER and William BURNS, charged with
robbing the mail at Stoney Pinch, were tried during the week at Bathurst
A Publican's license was granted on Tuesday by the Mudgee Bench, to Mr
SIMPSON, late of Rylstone, who has taken the Broomby Inn.
Friday December 6th
Before the Police Magistrate, his Worship the Mayor, R LOWE, and E MARLAY,
H. ALBURY summoned by W GOLD for £19 1s., amount of wages due.
Mr. BRODRIBB appeared for the complainant.
H. ALBURY said he did not dispute the debt and agreed to pay the amount
and costs in the course of a week.
Cornelius SULLIVAN, the man who a short time since ran away from the
hospital was again brought up for protection; he said he had no place
The Bench, considering it useless to lock him up, ordered him to kept
within the yard and supplied with rations until arrangements could be
made to send him to Sydney.
Samuel PEGG for assault.
Mr BRODRIBB for complainant.
J C GARBUTT said on Thursday last he saw defendant driving a dray past
his house; there being no public road he refused to allow him to pass,
upon telling him so, PEGG struck complainant on the leg with his whip,
and afterwards with his fist; he attempted to defend himself, in doing
so both fell down.
Cross-examined by Mr. JAMES.
The road generally used by teams to Maitland was upon private ground;
when he had a license he allowed teams to use it. Had since cautioned
Mr. BLACKMAN's teams from doing so. The Government road was two miles
R LARGE, servant to Mr. GARBUTT< said he saw Mr. GARBUTT turn the bullock's
heads, PEGG attempted to "fetch" them back again, and hit complainant
with his whip.
Cross-examined by Mr. JAMES
He was in the woolshed when the team first came up; "it got into
his head" that there would be a row, and he ran up to the road to
see the scuffle.
G MacGIRK said he was with the other witnesses "fixing" the
woolshed; GARBUTT seeing the team, said he would go and stop it, adding
he would not strike PEGG; GARBUTT attempted to turn the team, upon which
PEGG struck him.
For the defence.
John WARD said he saw the fight; as soon as PEGG tried to turn the bullocks
back, GARBUTT struck him; did not see PEGG use his whip.
Mary WARD said she heard Mr GARBUTT tell the man to turn his team into
the Maitland road; upon his refusing to do so, GARBUTT turned the bullocks
heads; PEGG attempted to turn them back again, upon which GARBUTT up with
his fist and hit PEGG.
This being the whole of the evidence.
The Bench said as PEGG had a case against GARBUTT, they thought it desirable
to hear it before giving their decision.
Samuel PEGG, having been sworn, said, he was in the employ of Mr. BLACKMAN;
on Tuesday last he was going to the pit for a load of wood, as he was
passing. GARBUTT's house, which was on the road commonly used by Mr LOWE's
and the Mudgee teams, GARBUTT came up to him and told him to go on the
Maitland road; he took no notice, and went on with his team; GARBUTT went
before and turned the leaders; he attempted to head them back again, when
GARBUTT struck him upon the face, he immediately closed for the purpose
of preventing a second blow. Mrs WARD was the first person who saw the
Both Mr BRODRIBB and Mr JAMES declined going further into the case, as
the only evidence was that produced in the previous one.
The Bench, after a careful examination of the depositions, dismissed the
last case, and find PEGG 20s and costs.
John WARD was fined 10s and costs, and his agreement cancelled, for disobeying
the orders of his mistress, Mrs. GARBUTT.
COURT OF PETTY SESSIONS
Monday December 2nd
Before G WARBURTON, Esq., P.M.
Samuel FOWLER v. Sophia DONOVAN. £1 balance of account for oranges.
Verdict for plaintiff.
Edward CLARKE v. George SIMPSON. £5 balance of promissory note.
C. PUGH v. H. ALBURY. 19s 6d. money lent. Verdict for the amount.
W. BALL v J. TOMLINSON. £4 13s 9d for butcher's meat. Not served.
W. BALL v. MOODY. £9 9s 8d for butcher's meat. Settled.
W BALL v. P MALLEY. £5 11s 11d for butcher's meat. Settled.
W. BALL v. D. PICTON. £2 1s 7d for butcher's meat. Verdict for plaintiff
for 18s 7d.
W BALL v C JORDAN. £5 18s 1d for butcher's meat. Settled.
W. BALL v. James HAYES. £3 9s 11d for butcher's meat. Settled.
W BALL v. CAMPBELL. £2 13s 6d for butcher's meat. Settled.
W. BALL v. J. SCOTT. £4 5s. Settled.
Friday December 6th
Before the Police Magistrate, the Mayor, and R LOWE and E MARLAY, Esqs.
W. COLEMAN v. GARBUTT £6 1s 6d for work done. Verdict for plaintiff.
W. SANDRY v. HAVILAND. £1 14s for milk. Verdict for 9s, the amount
paid into the court.
Geo. MILLS v. J WALSH. £10 promissory note. Verdict for plaintiff.
December 11, 1861
Mechanics Institute Bazaar
Contributions in Money, Material, Work, useful and Fancy Articles, Stock
and Farm Produce generally, are earnestly solicited, and will be received
and acknowledged by any of the undermentioned ladies:
Mrs G McAULEY
Mrs J C WILLIAMS
With power to add to their number the names of any ladies who will take
A pet sheep has been on my farm for about a fortnight. The party owning
it can have it by paying for this advertisement. If not owned within eight
days from this date will be killed.
F BUCHHOLTZ, Pipeclay Creek, December 11th.
POLICE COURT, Tuesday, December 10th
Present - The Police Magistrate, The Mayor, E MARLAY, R LOWE, G ROUSE,
N P BAYLY, and T CADELL, Esqrs.
Thomas BLACK, refusing to proceed on escort to Bathurst.
N. McBEATH, acting gaoler, produced the coroner's warrant committing the
prisoner for trail, upon a charge of manslaughter, and said, about half-past
six o'clock in the morning, he told him that he was to proceed to Bathurst
on foot; Black replied that he was not going to walk, but that they might
carry him if they liked; he gave no reason for refusing, but exclaimed,
"By heaven , he never would walk."
Prisoner, upon being asked by the Bench if he still refused to walk? Said
he had nothing to say; the constable had told the truth, and that he still
persisted in refusing to walk.
The Bench ordered him to be imprisoned for 14 days in a solitary cell,
and kept upon bread and water.
Prisoner walked away seemingly contented with his prospects.
John SMITH, remanded upon a charge of stealing a watch.
Constable MILLER's evidence given at the previous examination having been
T R SINDEN was called, who said, finding the prisoner illegal upon his
premises on the morning of the 29th November, he ordered him off, threatening
to give him in charge if he found him there again. On the same day, in
the afternoon, he caught the prisoner in the parlour, in the act of taking
a gold watch and silk handkerchief; he had both articles in his hand,
which he dropped upon the floor, and ran away. About a quarter of an hour
afterwards, he had both articles in his hand, which he dropped upon the
floor, and ran away. About a quarter of an hour afterwards, he met him
in Mortimer-street, when he gave him in charge; he could swear to the
watch, but not to the handkerchief; he had half-a-dozen of the same pattern.
He valued the watch at £18; when the man was taken into custody,
he said, "don't take any notice of the watch".
Cross-examined by the prisoner: Could not have got into the house by the
door but through the window.
Prisoner said after that answer, he would not ask another question, as
it was evident tat Mr. SINDEN had disregarded the warning given to him
in the case of Annania and Sphira, and would, under the circumstances,
leave the case between the Mr. SINDEN's conscience and his Supreme Ruler.
John FITZSIMMONS, groom to Mr. SINDEN, proved having seen the prisoner
on the premises, and having met him leaving them in the afternoon.
J C GARBUT - Wages
Mr JAMES for complainant. Mr BRODRIBB for defendant.
John WARD said he and his wife had hired with Mrs GARBUT under agreement,
in Sydney, to serve twelve months. The agreement was cancelled last court
day by mutual consent. They had served seven months and a half, for which
they claimed £31 5s 0d; they had received stores to the amount of
£12 13s 6d., which left a balance due of £18 11s 6d.
For the defence.
Mr BRODRIBB called Mrs GARBUT for purpose of proving a set-off for expenses
incurred in bringing complainant and family from Sydney, and other matters,
all of which were allowed.
Verdict £8 18s 2d.
Richard CROSSING pleaded guilty to a charge of having trespassed upon
the enclosed paddock of Mr HARDY on the 27th November, and in extenuation
called Mr George WALKER, who said he had sold a mob of cattle to Mr CROSSING
and had put them into the paddock in question for the purpose of drafting.
He believed at the time that the paddock belonged to Mr. BLACKMAN, who
had told him that he might use it as often as he required.
Mr HARDY said he had rented the paddock the last six weeks and had been
constantly annoyed by parties destroying the locks and removing his slip
The Bench said that as Mr CROSSING had not denied the charge, they would
only inflict a small sum of 5s., which would be a warning to others.
December 14 1861
Western Post Newspaper Agents
Bathurst SIMPSON, William st
Bowenfels William C-RDERY
Cobbera J. BLEKEMORE
Coolah John M'CUBBIN
Cassilis Thomas TROTTER
Coonabarabran William FIDD
Coonamble James M'CUBBIN
Dubbo James M'DONALD
Erringganerring H. WINTERS
Keen's Swamp William RUSSELL
Grattai Edward COVER
Guntawang Henry GOLDSMITH
Little Hartley George JARVIS
Long Creek Charles WHITFIELD
Louisa Creek (Hargraves) Thomas SPRATT
Merri Merri Samuel NIXON
Merriwa David MUNRO
Narribri, Namoi River George LEWIS
Oakey Creek James ALLISON
Orange James DALE
Rylestone Dr. WESTON
Sydney E. GREVILLE, Bridge
Tambaroora W J SLACK
Urawilky James HALL
Wallgett C J HUNT
Wee Waa William THURLOW
Wellington J DUCKETT
Windeyer Robert H SMITH
All persons are hereby cautioned not to trespass on the runs of the undersigned,
situated on Warren Creek, district of Bligh, known as "Weribiddee",
extending from the western boundary of John FLYNN's "Willewa"
run on the north side of said creek, for ten miles westerly, either by
driving cattle thereon or under pretence of collecting cattle therefrom,
without the knowledge and permission of my stockman, James DAVIS, of Borgour.
W. LOWE, Eurundee, Nov. 26
A brown mare, branded M near shoulder, star on forehead, now in my paddocks,
and has been there this twelve months. Any one making a satisfactory claim
can have him by applying to
Robert BOAG, Middle River
All Parties are hereby CAUTIONED not to TRESPASS on any part of my run.
Horsemen and drivers of drays and other vehicles (especially those going
to the stone quarry) are particularly cautioned not to use the road running
at the back of Cooyal house, there being a Government road about two miles'
J C GARBUTT, Cooyal, Dec. 5
A BAY HORSE branded JP near shoulder, No. 2 on near cheen, has been running
on my run for some time. Any person showing a proper claim can have him
by paying this advertisement.
Buckungy, via Walgett
WHEREAS J A SIMMONS, left an order with undersigned about three months
ago to claim a horse of the following description, which horse I have
now in my possession: One iron grey HORSE, branded E 16 on the near rump,
and SH off rump, HS LS off shoulder. If J A SIMMONS does not claim the
horse within one month from date of advertisement, I shall claim him as
James BRADY, Gallagumbone, Castlereagh River, November 20
To Constables and Others - £5 Reward
STOLEN from Lawson's Creek, on the night of the 9th instant, a Black MARE,
star in forehead, about 13 hands high, branded M 2 on near shoulder. The
above reward will be paid on conviction of the offender and recovery of
Michael MALONEY, Lawson's Creek
Thirty Shillings Reward
The above sum will be paid to any party who will deliver to Mr SINDEN,
a Bright Bay HORSE, belonging to A LORENZ, late butcher in Church-street,
branded J N on near shoulder, and SC over diamond on near thigh; star
STOLEN or strayed from Frome's Creek, a Bright Bay MARE, branded RT, JD
D, two hind feet white.
£10 will be given if stolen on conviction of the thief; or £3
if strayed on delivery to John GLAZIER, Frome's Creek, near Mudgee; or
F LAWRENCE, office of the Western Post, opposite the Catholic Church,
The above sum will be paid to any party who will deliver to me a Black
MARE branded P off shoulder; also a Bay MARE branded JT near shoulder
and JW on the off shoulder. They were last heard of on the Pipeclay Creek.
W BALL, Mudgee, 25th Nov.
Mail Accident - Yesterday morning an accident happened to the up mail,
which was upset near Tunnabutta, through the bolting of one of the horses.
Fortunately, Mr and Mrs WOODS and child, who had been passengers, had
got out a few minutes previously, the driver, who was thrown from his
seat, was too much hurt to be able to proceed on his journey. He was taken
to Tunnabutta house, and Mr. R WOODS drove the mail on to Mudgee, where
it arrived about eh usual time.
Christmas Races - A public meeting was held at READFORD's Maitland Hotel,
on Thursday evening, for the purpose of deciding upon the Publican's booths,
the placing of posts, the erection of the grand stand, &c. Mr. John
J MILLS having been requested to take the chair, it was decided, upon
the motion of Alderman CHRISTIAN, seconded by Mr. JULIAN - "That
Mr. BARTON set up 25 posts round the course, and draw a furrow, for the
sum of the five pounds, and that each publican should be allowed twenty-five
feet frontage." The booths were drawn as follows: No. 1, opposite
the grand stand, Mr. READFORD. No. 2, Mr Thomas MILLS, No. 3 Mr. McQUIGGAN.
No. 4, Mr FROST. No 5 Mr SMITH. No. 6, Mr BARTON. Meetings for entrances
will be held at Mr. FROST's and Mr. McQUIGGAN's. Pay night at Mr. Thomas
MILLS - of which due notice will be given. It is expected from the number
of horses coming in, that the sport will be equal to the general annual
A Highly honorable act has been performed by Mr P QUINN, of the Namoi.
Though himself a Roman Catholic, he has provided gratuitously a suitable
residence on the Wee Waa for a Church of England clergyman.
MUDGEE LAND SALES
All Country Lots:
Lot A, 37 acres, upset price, E A BLACKMAN
Lot AA, 25 acres, all upset price, N P BAYLY
Lot BB, 30 acres, upset price, R REEVES
Lot CC, 24 acres, 35s per acre, W BOWMAN
Lot DD, 50 acres, upset price, Constantine BUTLER
Lot EE, 37 acres, upset price, R CROSSING
Wednesday, December 18, 1861
Subscription List in Aid of Mrs. Margaret CAIN
Reuben LEADER £1
S M'CULLY £1
Wm. HARRIS £1
Thomas CURRY £1
Thos. BARNABY £1
Thos. CONRAN £1
Michael MOORE 10s
Henry BALL £1
John DU-AN 10s
Henry HART 10s
D. LEIGHTON 10s
Thomas Hicks 5s
Daniel MOORE 5s
Wm. LEIGHTON 5s
T. HOUSETON 5s
D. FREESTONE 5s
George PHELPS 10s
J EDWARDS 10s
David LILLY 5s
J & C PERHAM 10s
M. MORRISON 5s
T W SPENCER 5s
Robert LEADER 10s
John CARNEY 5s
C W MERRITT 3s
Charles SMITH 2s 6d
COLUMBINE 2s 6d
M CHARLESW'TH 2s 6d
William MARCH 2s 6d
John HAMILTON 10s
David OLIVER 5s
Henry HARRIS 5s
John DAVIS 5s
John LEE £1
John CASLING 5s
J. MORIESON 5s
James LANG 5s
John HYDE 5s
Jas. GOODWIN 5s
M. MUNEY 2s 6d
Mrs. MUNEY 2s 6d
Edw. COSGROVE 5s
Wm. RUSSELL 10s
Mudgee Hospital 1861
List of Subscriptions and Donations
Geo. SANDERSON £5
J. JULIAN (wages) £1 10s
Edwin OLIPHANT £1 1s
Geo. B. MILLS £1 1s
John J. MILLS £1
Thomas E MILLS £1
J. WALBOURNE £1
Andrew M'CAULEY £1
Samuel MOORE £1
John DICKSON £1
John MOSS £1
Thomas READFORD £1
W F STANBURY £1
John W FOREMAN £1
Rev. J. GUNTHER £1
Evan RICHARDS £1
H R REUBEN £1
Rev. C. M'CARTHY £1
J. DOYLE (dec.) £5
Wm. R. BLACKMAN £1
S. A. BLACKMAN £1
Thomas H SINDEN £1
John MOLLOY £1
George WELLS £1 1s
James KEPPIE £1 1s
James MURRAY £1 1s
Arthur COX £1
James ATKINSON £1
Rich. R. HUGHSON £1 1s
George WHALE £1
Cuthbert LAMROCK £1
Henry J LAVERS £1
Henry DEAN £1
Richard CROSSING £1
John PHILLIPS £1
Mrs. McKENNA £1
Robert FROST £1
Thomas CHAPPELL £1
Eugene DALEY £1
G F WILKINSON £1
Moses BAILEY £1
James CHRISTIAN £1
SHUTTLEWORTH & Co £2
Wm. HOWARTH £1
Jacob JULIAN £1
Henry DARE £1
John SMITH £1
J. T. BELL £1 1s
G. H. BRYANT £1
George YOUNG £1
T. BONUS £1
Thomas SPRATT £1
James BELL £1 1s
John WALTON £1
Wm. HUTCHINSON £1
W. R. BLACKMAN (prize) 10s
Edward COVER £1
John BLEKEMORE £1
Luke DAVIS £1
Geo. BLOODSWORTH £1
J. F. SKINNER £1
Thomas HONEYSETT £1
George WALKER £1
John SMITH 5s
F. SCHLACHTER £1
R W HEARD £1
William RANWELL £1 1s
Henry FROST £1
Aaron THOMPSON £1
N. P. BAYLY J.P. £1
S H BARNES £2
John HEALY £1
G H & A B COX (unclaimed cattle) £6
William SIMPSON £1
M. SHARPE £1
W. BALL £1
W. LEWIS £1
J W ALLPASS £1
Edward LONG £1
John DOREY £1
Thomas CADELL £1
J G WALKER £1
Stephen TUCKER £1
Paul HARFORD £1
A T HOLROYD M.P. £1 1s
Thomas KEOGH £1
WILLMOTT & Co £1
William WILKINS £1
DISTRICT & MINING
From our Correspondent
December 12th - During last week a succession of very heavy thunderstorms,
attended with a plentiful supply of rain (now much required), occurred
in the Coonabarabran district, and extended downward as far as Coolah,
though less heavily than in the Upper Castlereagh. T he heaviest fall
appears to have taken place between Coonabarabran and Ulinda. A bucket
placed in the garden at Belar was measured and at least five inches of
water must have fallen in two days. The creeks were again set running
and an abundance of grass and water ensured for a considerable period.
At Cassilis, very little rain has fallen, and consequently pasturage,
from the hot weather which has been prevalent of late, is greatly dried
up and parched.
Mr. G P BOWMAN, of Rotherwood, has lately erected on his estate, a wool-shed,
which for convenience and superior arrangement, cannot be surpassed by
any building of the sort in the colony. Mr. REGAN, the manager of the
estate, with his usual courtesy and attention, will be happy to show the
building to any gentleman who may be desirous of taking a plan of it.
In transit I may observe that although Rotherwood is only twelve miles
from Cassilis, abundant rain has fallen there, the creeks being particularly
With sorrow and with shame be it recorded that no action has hitherto
taken place at Cassilis to forward the movement in favour of a tramway
between Singleton and Mudgee, although the line would pass within a short
distance of Cassilis and would probably advance the value of land to a
great extent. Our public men, if we have any, which is very doubtful,
appear to see but a very short distance before their nose, and eschew
all trouble except what immediately touches their own pockets. Free selection
may possibly make them start from their lethargy, as many of the working
classes have already commenced saving their money to make a dash at a
"nice little farm of their own". Whether this "nice little
farm' will alternately be of advantage to the free selector is still problematical;
but it is certain many will take the leap and "chance the ducks".
There is no local news to narrate, at least nothing to cause the excitement
of the great South Sea Bubble.
A case of drowning occurred in a water-hole at Glengallan Creek, a few
days ago, to a lad of seven years of age, a son of Mr. Thomas STEEL. The
body has been recovered.
JOEY, a Chinaman, who kept an accommodation house on the Tenterfield
road, was found dead by the mailman.
BUSHRANGING - TWO MEN SHOT
Information reached Mudgee on Saturday, that three determined bushrangers
had made a most daring attack upon the inmates of Mr. CARR's public house,
Denison Town. From the reports which have reached us, it appears that
Mr. CARR had shut the house up for the night, and that his cook and a
blackfellow who had been talking together outside, were about going to
bed, when three men came up and requested to be accommodated. Mr. CARR
gave them admittance, and they invited the cook and blackfellow to have
something to drink. As the party stood at the bar, one of the strangers
suddenly secured the legs of the cook with a rope; a scuffle ensued, and
shots were fired, on of which wounded Mr. CARR in the fleshy part of the
arm, another broke the jaw of the cook. The blackfellow very fortunately
escaped through a window, and proceeded as fast as he was able to the
residences of Mr. CUSSINS and Mr. PLUNKETT, who immediately went to the
spot. The escape of the blackfellow so alarmed the bushrangers, that they
speedily made their exit, without taking anything with them. Information
was immediately sent to Mudgee and Cassilis for medical aid and police
assistance. Mr. WESTON, chief constable of Cassilis, has, we believe,
found and followed the track of the men for a considerable distance. Mr.
HARDY, chief constable, and another officer from Mudgee, are supposed
to have joined the Cassilis police, and it is expected that they will
succeed in bringing the fellows to justice. They are suspected to be the
three men who robbed Soldier Jacky's house on the Meroo a few weeks since.
POLICE COURT, Tuesday December 17th
Present - The Police Magistrate, George ROUSE, Esq., and Edward MARLAY,
Tim HANNERLY, charged with detaining a saddle, the property of John WILLIS.
The case was dismissed, complainant having allowed six months to elapse
before taking out the summons.
James SMITH was charged with robbery.
E. SHEUN said she knew the prisoner. On the 20th November he called at
her hut at Louiee, and requested to be allowed to remain all night. Her
husband was away at Mr. BLOOMFIELD's. She made prisoner a bed, and about
9 o'clock, she and her children went to bed in the inner room; late in
the night, the prisoner came to her and demanded her blankets, adding
that if she or her boy moved, he would blow their brains out. He took
the blankets off her bed, and then went to a box, out of which he took
a cheque for £13, drawn by Mr. BLOOMFIELD, and 29 one pound notes.
She lit a match, which the prisoner blew out; she attempted to get up,
but he prevented her. He afterwards went outside the house, where he remained
until daylight. She then went to Mr. BLOOMFIELD; and reported the case;
that the gentleman sent the particulars to the Hue and Cry.
Constables MOREN and MILLER produced a cap, jacket, and blanket, which
they had found, and which witness recognized as having been in the possession
of the prisoner on the night of the robbery.
The prisoner said he was innocent of the charge, and requested attendance
of two parties, for whom he was working about the time of the robbery,
for the purpose of proving an alibi.
Remanded till Friday.
At Sans Souci Cottage, Dubbo, on the 8th instant, Mrs J E SERISIER, of
Saturday, December 21, 1861
Mr Robert H SMITH has been appointed Agent for the Western Post and Mudgee
Strayed from the Meroo, and supposed to have gone back to Bylong, a young
Light Bay HORSE, branded WT PT on near shoulder, blaze down the face,
dark points, switch tail, off hind and inside fetlock white. Ten shillings
for information where he can be found, so that the owner can get him,
or £1 on delivery of the said horse to JAMES KEPPIE, Windeyer.
Strayed from Merrindee, a Grey HORSE, branded on near shoulder IW. T he
above horse is supposed to have strayed toward the Big River to Mr. WING's
station. Any person delivering the said horse to Mr HENRY FROST, Mudgee,
or to the undersigned, will receive the above reward.
JAMES PAULING, Merrindee, Nov. 24.
Any persons holding CLAIMS against Captain BROWNE, late of Hargraves,
can forward the amount to him at Forbes's, Lachlan Gold-Field.
Stolen or Strayed from Pipeclay Creek, near Mr. LOWE's, an Iron Grey HORSE,
branded TB near shoulder; also a Black HORSE, branded with the figure
of a bell on the near ribs, a white stripe on his face and white hind
fetlock. £10 Reward for their recovery, if stolen, on conviction
of thief, or £2 if strayed on delivery to
F BUCHHOLTZ, Putta Bucca
Stolen or Strayed from Mudgee, a Bay MARE, branded JS on near side neck,
with other brands on shoulder. Any person returning the same to P. SULLIVAN,
innkeeper, Mudgee, will receive the above reward.
Will be paid to any person or persons who will give such information as
will lead to the conviction of the party or parties who have branded with
DM certain calves out of cows branded JML rump or ribs, my property.
D M McLEAN, Merri Merri, December 7th.
Stolen or strayed from my station, Bocomore, Merri Merri, one Bay HORSE,
known as the racehorse Newmarket, branded JA on near shoulder, P on off
shoulder, C on near cheek, snip on nose, small spot of white on forehead,
and one foot white. If stolen, a reward of £10 will be paid upon
conviction of the thief; if strayed £2 will be paid on delivery
to the undersigned.
A further reward of £2 will be paid for a chestnut MARE branded
NK PH conjoined, on near shoulder. She is supposed to have strayed with
the above horse.
PAUL HARFORD, Merri Merri, Dec. 14th
Stolen or strayed, a Bay MARE, branded MFH on the off shoulder, D with
C on the near shoulder, star on forehead, white snip on nose. A bay foal
with white face at foot.
£5 will be given if stolen on conviction of the thief; £2
if strayed on delivery to DANIEL CONNELL, Bowenfels; or Mr. T TARRANT,
Friday December 20th
Present - The Police Magistrate, R LOWE Esq., and N P BAYLY, Esq.
Jane COUGHLAN, pleaded guilty to being drunk in Market-street, was fined
20s., or, 48 hours imprisonment.
H. KING, out on bail, forfeited 20s., for not appearing to answer a charge
of being drunk and disorderly in the public streets.
James SMITH, remanded for robbing a hut.
Jessy SHEAN, son of the witness who was examined on the former occasion,
in reply to questions put to him by the Bench, said, he did not know how
old he was; he had never been to school; could neither read nor write;
had never said his prayers, and did not know what would become of him
if he did any thing wrong.
The Bench very properly refused to admit the boy's evidence, and reprimanded
the mother for so shamefully neglecting her child.
There being no other evidence,
The prisoner in defences, called
Thomas KNOWLES, who said the prisoner had been in his employ from the
17th to the 24th November, and that he was not absent more than a few
hours during the time.
Wilson RAMSAY, surgeon, said he was present when the woman reported the
robbery to Mr. BLOOMFIELD, and that he had sent a telegraph message to
Sydney to stop the payment of the cheque; to which an answer was received
that it was cashed several weeks previously. Neither Mr. BLOOMFIELD nor
the woman's husband believed that the money had been stolen, and that
she had concocted the story for the purpose of excusing herself.
Prisoner was discharged.
W SIMPSON, for breach of the Impounding Act.
Mr. N P BAYLY, withdrew from the bench, and Mr. R. LOWE wished to do the
same, but Mr. SIMPSON said he was quite willing that both gentlemen should
try the case.
Edward BAYLY, said defendant had impounded a calf belonging to him, for
having on the 12th December entered his wheat paddock. The fence was very
insecure and to serve Mr.
turned both horses and cows out of the
wheat paddock. Had the fence been a proper one, a calf six weeks old would
not have been strong enough to break it, he therefore had no right to
place 4s. 6d. damages upon it.
Mr. WALSH the poundkeeper, having been examined.
The Bench ordered defendant to return 3s. and to pay the costs, 3s 6d.
John BROWN, charged with illegal possession of a horse.
Mr. CLARKE (for Mr. BRODRIBB) appeared for prosecutor.
Mr. JAMES for defence.
Constable MILLER, said he proceeded to Burrundulla, and, by virtue of
a warrant, took possession of a grey horse, which was then in the police
yard. He found him in Mr. COX's paddock. BROWN told him that he had purchased
the horse in Sydney, and had given £7 for it.
W. BLESHMIED, said the horse was his property; he had bought him of Mr.
DOREY for £25. About the 14th November, he sent him to Sydney with
a man named Martin MATE, who was to bring him back with a cart, two sets
of harness, and a load of fruit - the profits of the fruit were to be
Cross-examined by Mr. JAMES - Had given £35 in money to a third
party who went with MATE, and who was to buy the cart and hand over the
difference to MATE, for him to buy oranges. MATE was to return in 3 weeks;
he had not seen him since.
A warrant having been issued for MATE, the case was adjourned for a month.
Mr. JAMES, solicitor, has Removed to Evelyn Cottage, Court-street, the
late residence of Mr. Samuel BLACKMAN.
Having purchased Mr. TEMPLETON's practice in Mudgee, I have removed my
chambers to the offices lately occupied by Mr TEMPLETON, in Court-street,
Having secured the assistance of Mr. CLARKE (formerly with Mr. TEMPLETON),
all communications as to business formerly instructed to Mr. TEMPLETON
can and shall receive prompt attention.
J DUDDEN BRODRIBB, Attorney-at-Law. Market-square, Mudgee, Dec. 9th 1861.
Notice of REMOVAL
Mr C S DEACON, Auctioneer, Accountant, and Commission Agent
Has removed his office to Mr. WILTON's premises, opposite the Catholic
Wednesday, December 25, 1861
The Undersigned has been appointed
Registrar of Births, Deaths and Marriages for the District of Mudgee,
in place of Mr. J W ALLPASS resigned.
S H BARNES
Lewis-street, opposite Hughson's Hotel.
This is to give notice that I have in my possession a ROAN HORSE, which
I claim as my property, having been branded by some person M on the near
shoulder, and M near rump. This is to give notice that I have branded
the said Horse BE over the M, the above-mentioned Horse having been bred
on the Tunnabutta Run out of one of my own mares.
Telby, December 23, 1861
Notice to Constables
STOLEN from my blackfellow by the bushrangers who latterly shot Mr. KERR,
of Denison Town, a Black HORSE branded SF on the near shoulder.
PAUL HARFORD, Merri-Merri.
District & Mining
From our Correspondent
Dec 19 - It so seldom happens that anything worth reporting occurs in
our isolated district that were I to omit sending you an account of the
land sale that has taken place to-day I should at least deem myself guilty
of breach of promise; although I intended writing you about one or two
little grievances that require redressing, I feel bound to give precedence
to matters of greater import. Well, to begin. During the last two years
and a half I have attended five land sales in Rylstone, and I have never
seen a better attendance or more land sold that at this one; although
the grater portion sold at upset price, still one or two lots were run
up to £2 to £3 per acre. Mr. FITZGERALD had to pay £3
per acre for 30 acres on Carwell Creek; Mr Henry NEVILL bout 99 acres
in Vincent's Hole, at £2 2s. per acre; and MARTIN Brothers a lot
of 20 acres near Tara, at £2 per acre; Mr John LEE, of Bylong, was
the largest purchaser, having bought 980 acres on Bylong Creek at upset
price; the next purchaser in extent was a Mr. CONRAN, living on Warragunia
Swamp who at the upset price became the owner of 209 acres adjacent to
W H SUTTOR's 640 on Warrangunia Swamp; next was TINDAL Brothers, three
lots, on Byong Creek, at upset price, 99 acres; the other lots were sold
to separate individuals, realizing only upset price; altogether the sale
passed off very quietly; none of our J.P.s graced the Courthouse on this
occasion; one thousand six hundred and six acres were sold - a very respectable
lot for such a small place.
Harvesting has commenced in this district, but I fear the wheat crop will
be almost a failure. The hay crop I may say is so; the corn at present
looks well, and should the genial rains we have had continue, will recompense
the farmers for losses in other crops.
Messrs SORBIE and Co., the contractors for the new bridge, have commenced
getting the timber; a good portion is on the ground, and I presume they
will soon commence erecting it.
Of love and war I have nothing to report, although one or two interesting
cases are waiting the arrival of a second magistrate to decide. One comes
under the Master and Servants' Act and the other for refusing to pay damages
for cattle straying into a wheat paddock; you shall be duly informed of
In conclusion, let me wish you a merry Christmas and a happy New Year.
NEVILLE'S DIGGINGS, Dec. 22
These diggings are situated about four miles from Rylstone. I yesterday
paid a visit to them, and found several parties at work; some sinking
and others washing. I was shown a very fine sample of gold obtained by
Messrs HAMILTON, Brothers, probably about 3 ozs., which they had obtained
this week; not so bad for a party of four. I have not the slightest doubt
that the good payable ground is here in abundance; we only want population
here to develop it. Mr HAMILTON assured me that when he first came he
made a pound a day for the first week; he then went for his brother, and
they have since been making 15s per day. I feel quite assured of the truth
of his statement, for Mr HAMILTON is not a man to speak lightly about
such a matter. Mr. NEVILLE has very kindly thrown the ground open to all
comers without any fee; there is an abundance of water, and the sinking
is very shallow. More ground is to be thrown open on the first of January
on Mr. T. NEVILLE's estate at Crooked Corner; I feel confident that if
diggers will only come and try they will not be disappointed in getting
a very fair return for their trouble. I will let you know further about
A meeting of the Committee was held at the depot on Friday evening. Mr
John DICKSON in the chair. The Rev. Thomas ANGWIN read a circular received
from the secretary in Sydney, requesting donations towards the new hall
lately erected; letters were likewise read respecting a fresh supply of
bibles. The time for holding the next public meeting was discussed; no
decision was come to, in consequence of the gentlemen forming the deputation
form England, being in Victoria. Mr John DICKSON and Mr. HOWARTH agreed
to receive donations towards the hall. Persons requiring bibles are informed
that they can obtain them at the depot under cost price.
THE BUSHRANGERS who made the late attack upon Mr. KERR of Denison Town,
as they were retreating, stole a horse from a party who were driving a
mob of fat cattle, belonging to Mr. P HARFORD, of the Merri Merri Creek,
to Mudgee. The party who had charge of the cattle were camped near Slapdash,
and the missing horse was hobbled and feeding close at hand. A blackfellow
belonging to the drovers, saw the bushrangers and spoke to them a few
minutes previously. As soon as the horse was missed, the blackfellow finding
the tracks, started on horseback, in company with a lad. After riding
several miles, they gave up the pursuit being afraid to go further on
account of having seen the three men armed with revolvers.
LAND AGENTS under the new Land Bills:- Cassilis, J MORRIS; Coonabarabran,
C J PEGUS; Dubbo, G SPRING; Mudgee, G WARBURTON; Orange, W T EVANS; Tambaroora,
J COX; Wellington, H D DUNLOP; Windeyer, J MURPHY. Tuesday in each week
has been fixed as the Land Office day, the hours of attendance to be from
10 to 4 o'clock.
My stepson, Thomas PHILLIPS, having left his home without any just cause,
and against my consent, I hereby caution storekeepers and others against
giving him credit, as I will not be responsible for any debts contracted
by him after this date.
James BYRNES, Mundooran, 23rd December, 1861
On the 23rd Instant, at Rose Cottage, the residence of Mr John KNOX, her
son-in-law, Mrs Elisa Jane EVANS, at the advanced age of 82 years. To
use her own words, "I die in peace and love with all mankind, and
humbly look forward to a happy resurrections through the alone merits
of my blessed redeemer, Jesus Christ." May our last end by like her's.
Tuesday December 24
Present the Police Magistrate and T. Cadell, Esq.
Boyd SIMPSON not appearing to answer a charge preferred against him by
Mr JULIAN for having absconded from his hired service, a warrant was issued
for his apprehension.
Court of Petty Sessions
Tuesday, December 24
Present the Police Magistrate and T CADELL, Esq.
John PHILLIPS, publican, Market-lane, applied for permission to be allowed
to have music in his house during Christmas week.
The Bench said they had received so many complaints against the house,
and of the irregular manner in which it was conducted, that they could
not grant the application.
Mr. CLARKE (for Mr. BRODRIBB) applied on behalf of several publicans for
permission to sell wines, spirits, &c., upon the racecourse during
The whole of the applications were granted.
Testimonial to Mr. ALLPASS
On Wednesday morning several of the friends of Mr. ALLPASS met in the
National Schoolroom for the purpose of presenting to that gentleman a
service of plate, consisting of a handsome silver teapot, sugar basin
and cream ewer, upon which was engraved a suitable inscription. A handsome
writing desk, the gift of his scholars, was also presented.