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Western Post (Newspaper) March 1861
Saturday, March 2, 1861
Tuesday February 26
Before Messrs LYONS, CADELL, MARLAY and MURPHY
Patrick BOYLE was charged with being drunk in the public streets. This
being his first offence and considering he was only on a visit to the
town, he was discharged.
Catherine McDAID was charged with being drunk, and unable to take care
of herself. Defendant confessed the charge, and pleaded to be let off,
this being the first time she was ever in such a position, and should
be the last. The Bench accepted the promise and discharged her.
Elizabeth PIPER sentenced to two years in Bathurst Gaol, was put into
the dock for refusing to take the journey on foot. In reply to the Bench
she stated that on the occasion of her late journey she was taken so ill
on the road that the male prisoner who accompanied her had to carry her
things, at times even herself; that she had a bag leg now, was by no means
strong, and sooner than attempt the journey she would rather take a dose
Dr. RAMSAY, who was in Court, said his opinion was that the woman was
constitutionally unfit for such a walk, especially after the manner of
life she had lately led.
Under the circumstances it was decided that arrangements should be made
to convey her to her destination.
The case of WOODS against TEBBUTT respecting the tenancy of the building
in Gladstone-street, was again brought forward.
Mr. MARLAY inquired if there was any fresh evidence as to the tenancy.
On the previous occasion the evidence merely showed that there was a dispute
between the parties respecting certain accounts.
Mr BRODRIBB, who appeared for the prosecution, said that Mr MACAFEE had
since been to Sydney, and that they were now prepared to prove the letting
of the premises to Mr TEBBUTT.
Mr JAMES appeared for Mr TEBBUTT.
Mr WOODS was then sworn. The deposition of his former evidence having
been read, he further stated that on leaving Sydney to take possession
of the property named in the bill of sale, he was ordered by Messrs MACARTHUR
and Co. to let part of the dwelling-house and post office to Mr TEBBUTT
at 1s. per week. On Saturday, March 10th, he informed Mr TEBBUTT of his
instructions, to which he made no objection, and that he had on several
occasions paid him the rent, entries of which were made in a cash-book,
which was put in. There was no written agreement. He wrote to MACARTHUR
and Co. respecting the arrangement.
[Mr MACAFEE swore to the correctness of his evidence on the first occasion.
Letters containing the correspondence between Messrs MACARTHUR and Mr
TEBBUTT were put in and partly read].
Mr BRODRIBB addressed the Bench as to these letters, together with Mr
WOODS' evidence, being sufficient and conclusive evidence as to the creation
of a tenancy, to which Mr. JAMES briefly replied.
The Magistrates said they were still of the same opinion, and must again
dismiss the case for want of more definitive evidence as to proof of tenancy.
Friday, March 1
Before Messrs LYONS and MARLAY
A shepherd by the name of DAVIES summoned Mr A B COX for £5 4s,
being a balance of wages due for driving a flock of sheep to Nombie.
From the evidence it appeared that the man was entrusted with a number
of sheep, and to ensure safe delivery of them was paid extra wages. A
letter had been received from the station stating that DAVIS had not delivered
the proper number. DAVIS on his return demanded his wages, which were
refused on the ground of the loss sustained through the deficiency in
the number of sheep delivered.
There being no written agreement, the Bench said no doubt it was a very
hard case; they, however, had no alternative but to make an order for
the amount, Mr. COX's only redress being action in the Small Debts Court.
John JOHNSON was summoned for assaulting John DILLON.
Mr G H COX said DILLON was prevented coming to Mudgee on account of his
horse being knocked up; he had sent word that he was willing to withdraw
the charge provided JOHNSON paid the expenses; if not, he requested that
the case might be remanded.
JOHNSON refused the offer, saying he preferred standing on the merits
of the case.
Mrs JOHNSON, who was in Court, requested the Bench allow her to pay the
money, and that the case might be withdrawn. Agreed to.
Henry Francis JOHNSON and John JOHNSON, sons of the above, were charged
with being unlawfully in the fruit garden of Mr A B COX about four o'clock
on the morning of Monday last.
It appeared that the boys had been in Mudgee all night; that they returned
early in the morning to Burrundulla, pulled down part of the garden fence,
and were caught by a man of the name of BEVAL, who picked up a coat belonging
to the father.
Mr COX, only wishing that they boys should be reprimanded.
The Magistrates called the mother and pointed out to her the necessity
of taking more care of them.
The boys were then severely cautioned and discharged.
W BALL was fined 20s. for using obscene language in the hearing of the
family of John WILLIS, blacksmith, Market-street.
DIABOLICAL MURDER AT AVISFORD BY A CHINAMAN
Information has reached us of ht brutal murder on Wednesday of Mrs MONIES,
the wife of a respectable publican residing at Avisford, Meroo, by a Chinaman.
The following particulars have been received from an authentic source.
It appears that the Chinaman, who was in the employ of Mr MONIES as cook,
was desired by Mrs MONIES to fetch a bucket of water, and put it in a
large pot on the fire for some particular purpose. In the course of half
an hour Mrs MONIES went into the kitchen, and finding that her orders
had not been obeyed, remonstrated with the cook, who in return was very
insolent, demanded his wages, and commenced packing up his clothes. Mrs
MONIES is supposed to have refused to pay the fellow his wages, and to
have struck him with the broom. The Chinaman ran to the wood heap, and
picked up an American axe, which he threw at Mrs MONIES, and which caught
her on the back of the head. She fled to Mr MERRITT's, finding the door
of the house shut, she sought refuge in the creek, where the Chinaman
pursued her, axe in hand. Upon coming up to her he struck a blow which
clave her head almost in two; he repeated his blows till, it is said,
the he head of the unfortunate woman was literally hacked to pieces. One
severe blow in the shoulder split the blade bone. The wretch was shortly
after secured. Upon he told that he would be hung for it, he replied that
he did not care, that he was very sorry he had not killed all the children.
Mr MONIES was absent at the time, being at work a few miles down the Meroo.
There being no police stationed at Avisford, four of the inhabitants marched
him to Louisa. We need scarcely add that the whole neighbourhood is in
a state of great consternation. The event is likely to increase the ill
feeling towards the Chinaman a hundred fold.
[We are enabled, through the kindness of Dr. KING, who called at our office
as we were going to press, to announce that he had held an inquest on
the body of Mrs MONIES, which resulted in a verdict of willful murder
against the Chinaman.]
On Thursday, Dr. KING, coroner for the District, held an inquest at Burrundulla
on the body of Thomas TARRANT, the well-known fruiterer of Mudgee.
Thomas TARRANT, being duly sworn, stated that the deceased was his father;
they were fishing together yesterday. About half-past six o'clock he walked
slowly down the river, taking to his father as he went, and when about
a hundred yards distant, he fancied he heard his father speak; on looking
round, he saw him roll over and afterwards get on his hands and knees
and crawl a couple of yards from the water, moaning all the time. He called
out two or three times to know if he had hurt himself, and not receiving
an answer, he ran up to him; he was still on his hands and knees, gasping
and unable to speak. He then turned him on his back, when he changed countenance.
With the assistance of Thomas KENNING, his brother-in-law, he was conveyed
to the house. To the best of his belief, he was dead before they got him
over the creek. He had had a cough for sometime past, and was troubled
with difficulty of breathing.
Thomas KENNING was fishing at the time some fifty yards above the deceased;
seeing one of his daughters running down the bank he went to see what
was the matter, when he found Thomas TARRANT holding up his father's head;
he heard him breathe only once; on getting him into the house he bathed
his breast with brandy.
Arthur Thomas Piggott CUTTING, stated that he was a duly qualified medical
practitioner; he had examined the body, and, in the absence of a post-mortem
examination, his opinion was that deceased came to his death by the bursting
of an internal aneurism.
Dr. KING having read the evidence, the jury returned a verdict of "death
by the visitation of God".
LOOK TO YOUR FASTENINGS
At half-past four o'clock on Friday morning, the inmates of Mr HOWARTH's
residence were disturbed by loud cries of "thief! thief!!" proceeding
from a detached building occupied by a servant. Mr HOWARTH, on going to
see what was the matter, found the woman in a great fright, and the contents
of her box scattered all over the place. It appeared that she was first
disturbed by something touching her feet; she sprang up, and was in the
act of striking a light when a man knocked the match box out of her hand,
struck her on the face, and ran away, leaving his coat, boots and hat
behind. The only prize he carried away was a purse, containing a few pieces
of paper, and a packet of hair, which , he doubt, took to be notes. A
short time since a party broke into Mr G WALKER's house, but was, fortunately
disturbed. A few nights after, an attempt was made to force an entrance
into Mr E CLARKE's residence. Mr. CLARKE, upon getting up in the morning,
found the parlour window wrenched open. The parties had evidently been
interrupted, as they left behind an axe and some other instrument.
LOUISA CREEK, HARGRAVES
From our Correspondent
WHEW! What a hot day yesterday was; so was the dinner, with scarcely a
breath of wind to cool it. This observation escaped me whilst quaffing
a cup of that refreshing beverage (wine) at a marriage which took place
in the quiet little hamlet of Hargreaves. There were upwards of thirty
people present at the marriage ceremony, and it proved one of those few
bright Gala days which so seldom disturb the serenity of this little spot.
"Where peace and plenty happily reside
And rustic swells acknowledge it with pride".
The wedding was held in Mr George YOUNG's ball-room, which was got up
in A.1., style, and was both numerously and respectably attended, while
the refreshments did honour to the hands that prepared them; the people
of Louisa Creek acted nobly on this occasion, never did it so completely
empty itself; being a resident here for some few months I accepted a card
for the pleasure of enjoying a few spare hours, for the host of ladies
who honored us with their presence, and whose brilliant dresses contrasted
with the brightness of the day, made this one of the most picturesque
I have ever seen.
"Both great and small were dressed in all
The rainbow hues so showy;
While some were seen in Lincoln green,
And some in garments snowy".
I tarried till the last of the fair visitors disappeared, and as I turned
to leave the place mentally ejaculated:-
Sic transit gloria mundi!
I have very little to say respecting the aspect of the diggers, everything
seems to be very lively here at present; those staying at our diggings
are doing very well. In my next, I shall be able to send you more local
matter, fearing that I may take up more space than I ought in your valuable
journal, I will now conclude.
From our Correspondent
SUDDEN DEATH - An inquest was held at Rawdon, on Tuesday, the 19th ultimo,
by W C WESTON, Coroner, on the body of a man named Job WHEBDY. The deceased
had engaged with E K COX, Esq., J.P., to take a load of rations to one
of his stations on the Namoi; about half an hour before he started he
remarked to his wife, who accompanied him, that he felt pain in his inside,
and that he would not take any breakfast; he and his wife started about
nine o'clock a.,. WHEBDY driving the bullocks. When they had proceeded
about a quarter of a mile from Mr COX's fence, the deceased tripped against
a stone and fell forward; while falling, his wife heard him say, "Lord
have mercy on my soul"; she ran to him and raised his head, but he
never spoke again. Information was immediately forwarded to the Coroner,
who proceeded at once to where the unfortunate man lay. Verdict:- Died
by the visitation of God.
These reptiles are unusually numerous in Mudgee this year. A few days
since, two very large blue ones were seen in Cox-street. On the same day,
Mr ROWELL killed a brown one in his yard, measuring nearly five feet;
a short time previously, a large one was killed near Mr BLACKMAN's house,
and, on Saturday last, some boys chased one on the bank of the river which
escaped beneath the house lately occupied by Mr W LEWIS. Several very
large slate-coloured ones have been seen by parties walking in the bush,
near the town.
MISCELLANOUS NEWS (Various localities)
CARPET SNAKE - Mr LARSON shot a carpet snake, 11 feet long, at Alumy
Creek, Clarence River, on last Saturday week. The reptile had shortly
before made away with a kangaroo rat.
CHARGE OF MURDER - At the Bathurst Police Court, last Tuesday, John DAVIS,
on remand, charged with being concerned in the murder of trooper CODRINGTON,
was again remanded for seven days.
A TRIPLE BIRTH - A correspondent writing from Cooma, informs us that the
wife of the Rev. Thomas DRUITT, of that town, gave birth on the 7th instant
to three sons, who, with the happy mother, were progressing favourably.
Mr DRUITT was at the time in Sydney - Golden Age.
RAYMOND TERRACE - Dr CADELL, having given up practice, some of the residents,
thinking it would be unjust and unfeeling to permit such an estimable
man to leave without some token of appreciation of his services, are getting
up an address to him. Mr CADELL has been practicing in this district for
a great many years, and, throughout, has been looked up to with general
confidence and good feeling. - Maitland Mercury.
ACCIDENT TO THE COLONIAL TREASURER - Mr WEEKES was in the act of uncorking
a bottle of sodawater in the refreshment room of the Legislative Assembly,
when the cork flew out with great violence and struck the honourable gentleman
in the eye with such force as to render it necessary for him to retire
from the House. Medical advice was immediately at hand, and it was much
feared that the blow had seriously injured the pupil.
THE SCHOOLMASTER AT THE DIGGINS - We are happy to learn, says a recent
number of the Wynyard Times, that our late Adelong schoolmaster, Mr BAKER,
is one of the favorites of fortune in Burrangong. His new vocation in
the cider and ginger-beer trade, we understand, is more handsomely remunerating
him than his labour in education. Till society places the trainers of
our youthful intellect upon a proper basis, we cannot wonder at these
defections from their ranks.
Saturday, March 9, 1861
On Thursday, March 7th, at her residence, Market Lane, the wife of Mr
Jacob JULIAN, of a daughter.
Monday, March 4
Before Messrs MARLAY and LYONS
John CORN was brought up supposed to be of unsound mind. Constable CAMPBELL
said he took the man into custody on Friday last, considering from his
manner and conversation that it was dangerous for him to be abroad.
MACBEATH said since he had been with him he had been very violent; had
made a great noise, and would throw anything that was given him to eat
in his face; he had been obliged to fasten him down.
Dr. KING had examined the man and considered him of unsound mind and unfit
to be at large. His cure would depend upon the cause.
J MOORE, farmer, had lately employed the man; he was strange at times,
but did his work till the other day, when he got very bad and ran away.
CORN gave a rambling statement of himself.
Dr. KING was requested to attend him for a week when he was to be brought
up again for disposal.
Tuesday, March 5th
Before Messrs MARLAY and LYONS
Elizabeth, the better half of Johnny SCOTT, the Mudgee pieman, appeared
to show cause why she should not restore two pet turkeys, the property
of Mrs MOLLOY. Mr JAMES appeared for defendant. Mrs MOLLOY said she had
purchased the turkeys of a friend last Sunday week; on the following Tuesday,
seeing them in Johnny's yard with their tails docked, she demanded their
restitution, when defendant said they were her property, and that she
intended to stick to them.
Mrs SCOTT declared she had bought them of a woman whom she knew by sight,
but could not say where she lived or what was her name. The day Mrs MOLLOY
she spoke to her about the birds she left home and had not been there
since, and strange to say, the turkeys had disappeared. She had an idea
where they went to.
The Bench being satisfied that Mrs MOLLOY had established her claim, judgement
was given for restitution in one week or their value 15s.
Friday, March 8
Thos. BLACKMAN was charged with stealing and carrying away at Cooyal one
yellow and white steer on the 7th March.
Mr. CLARKE (for TEMPLETON) for prosecution, Mr JAMES for prisoner.
C HARDY, chief constable, was a the residence of the prisoner yesterday,
when he saw him in a stock yard separating the hide from the forequarter
of a calf which had just been killed. He told him that the calf was branded
EB; on examining the hide he found that the brand was cut out, but afterwards
picked up the piece in the yard. The brand was indistinct. The near ear
was cut off the head. Having obtained a search warrant he proceeded this
morning to prisoner's residence, and took him in custody. Since he saw
the hide yesterday a piece had been cut out on the other side similar
to that containing the brand.
J GARBETT resides at Cooyal; has cattle running there branded EB, No.
26, with a halfpenny notch in the ear. They were all turned out a week
since. The hide outside the Court belongs to a steer which was running
with an old cow. It was branded by "Captain", a half-caste,
who blotched it. The steer was the property of his wife. The prisoner
has a few cattle, but none of the same brand.
Mr CLARKE asked for a remand till Friday.
Mr JAMES requested that the prisoner might be out on bail, which was refused.
SMALL DEBTS COURT
Monday March 4
Before E MARLAY and M H LYONS, Esqrs.
Ebenezer LOVEJOY was summoned at the instance of FOLEY, the cowkeeper,
to shew cause why he refused to pay the sum of three shillings which he
lawfully owed for milk. Mr LOVEJOY, after stoutly defending the case,
and occupying the time of the Court for a considerable time, was ordered
to pay the amount with costs.
FOLEY v BURGESS - This was another disputed milk score, but of a far more
complicated nature, in consequence of a contra account. Several witnesses
were examined, the weight of whose evidence preponderated in favour of
the plaintiff; a verdict was therefore given for the amount claimed -
7s 1 ½ d.
Dr. KING v T HOLMES - This was a disputed charge for medical attention.
The case was adjourned till Tuesday fortnight to enable HOLMES to obtain
evidence as to the number of visits Dr KING had paid him.
BEAL v GORDEN, for £6 6s. Adjourned.
Sandy ADAMS v BISHOP - £1 10s for money received. Plaintiff engaged
to plaster defendant's house at one shilling per yard, which he was unable
to fulfill in consequence of BISHOP not providing him with lime. Not being
able to afford to lose any more time, he took another job, leaving the
lathing he had done to be settled for at some future time. R RIGG engaged
and completed the work, for which he was paid by BISHIP, who deducted
30s for the work done by Sandy. The money being due for work done, and
not, as stated in the summons, for "money received", the case
Monti SHEPHERD v John KNOX. Mr CLARKE (for TEMPLETON) appeared for SHEPHERD.
This was an action for £10 to compensate plaintiff for damage he
had sustained through certain slanderous expressions uttered by KNOX which
had prevented him obtaining employing as a harness maker. James CHRISTIAN
was called to prove the utterance of the words complained of, which were
that Mr KNOX had told him that Monti had said that he (CHRISTIAN) was
not able to pay his men their wages on Saturday night. Supposing they
were true (which he denied), he had long before made up his mind not to
give plaintiff any more work. Mr CLARKE declined going further into the
case, and applied for a nonsuit, which, after some little argument, was
C PAIN and Wife v. Evan JAMES. CLARKE (for TEMPLETON) for plaintiff. Mr
JAMES for defendant. This was action for £10 damage sustained through
defendant uttering certain improper words against Mrs PAIN. Mrs PAIN deposed
that on the 5th December she was at ROWELL and KELLETT's store when JAMES
asked her why she had been scandalizing his wife, which led to some words
between them; she denied having spoken against Mrs JAMES upon which defendant
called her a b___ liar. Mr JAMES said he had spoken to Mrs PAIN about
the disgraceful way she had been speaking of his wife; she immediately
said it was all a ____ lie, and followed him to the desk to prolong the
dispute. He admitted calling her a liar, but denied using the adjective.
John STALL was present during the little quarrel. Mrs PAIN let her tongue
run rather freely, he did not hear JAMES use a bad word. Verdict for plaintiff,
10s and costs.
HANNERLEY v W BURROWS, for £5 for hire of vehicle for conveyance
of a wedding party from Market Square to the church. Mr SIMPSON, who appeared
for BURROWS, paid £2 into Court, it being the amount agreed to with
Mrs HANNERLEY. Tim HANNERLEY said he was not in the habit of taking parties
to church in his carriage for a less sum than £5, and that he never
allowed his wife to make a bargain when he was at home. Mrs HANNERLEY
next appeared in the box, fully satisfied with the respectability and
importance of her vehicle, it being, in her estimation, the carriage,
and that the mere idea of any one presuming to obtain its use for £2
was an indignity not quietly to be borne. She swore it was not likely
she would let it go out for such a sum, especially when Tim had to get
up at two o'clock in the morning to clean it for the wedding. __ COX of
the diggings had given her £5 when he got married, she therefore
appealed to his "reverence" whether every one else out not to
pay the same. J WILKINS proved that BURROWS had inquired of him where
he could get a carriage for his wedding, Mrs HANNERLEY happening to be
in sight he recommended her, and called her over, when she said within
his hearing that they could have it in the morning for £2, and is
she was in no hurry for the money it could remain upaid for three months.
The bargain was at once concluded. Mrs Tim HANNERLEY then inquired whether
he was going to "shout". This proved fatal to the five pounds.
Verdict for defendant.
SINDEN v MILLER - £5 money lent. Settled.
TEMPLETON v SUMMERHEYS - £2 15s. Settled.
H TEBBUTT v J TRIVES - £2 16s commission on sale. Struck out.
Mick CONNELLY summoned his brother Pat CONNOLLY for £1 6s 9d for
butter and milk supplied. Mick denied the account and said the bill was
sent in because of the late court work. When all were on good terms his
little "tots" used to go and see the woman milk the cows, when
she would give them a drink; that she sometimes gave him a drop after
he had gone dangling after her cows, and one day he had a morsel of butter
for churning for her. Things were all right then, but now there were this
way and that way and the "tother". He did not know much about
law else he might have put in a set off for all the hard work he had done
for her. Mary CONNELLY proved the supplying of the milk. She could not
write, but she could keep an account. She did not charge for what the
"tots" had sipped. Verdict for the amount.
On Thursday, 7th instant, Dr KING held an inquest at HUGHSON's Hotel on
the body of Luke REILLY. James PEARCE, being sworn, stated he went with
deceased on Wednesday afternoon to Broomby for the purpose of getting
in a horse. They ran him into a yard, REILLY went up to him when he received
a kick somewhere about the face; he fell down, but presently rose and
walked a few yards. He (PEARCE) ran to fetch a man who was near, when
he got back, REILLY was dead. He then went to Mr G H COX who had deceased
brought in a cart to Mudgee.
James HARPER gave a similar testimony. Medical evidence was given to the
effect that death was caused by the breaking of a blood vessel and the
consequent extravasation of blood to the brain. The jury returned a verdict
that the …….(unreadable)
SUICIDE OF A CHINAMAN
Dr KING, the coroner, and a jury of seven held an inquest at the Royal
Hotel on the body of a Chinaman, Gus of Jimmy.
From the evidence it appeared that Jimmy was in the employ of Mr T MILLS,
and had expressed a determination to die. Having eaten a hearty dinner
he retired to his room, took an over dose of opium, when to bed, and refused
to open the door or answer any questions put to him. An entrance was effected
and a medical man sent for, who found a tumbler containing a small quantity
of liquid that proved to be opium. After applying the usual remedies without
effect the Chinaman died at half past 4 o'clock on Sunday.
Dr RAMSAY on examining the body stated his opinion that death was caused
by an excessive dose of opium and brandy.
The jury returned a verdict to the effect that Jimmy GUA had come to his
death by poison administered by himself.
From a correspondent
Friday, March 1
Before Joseph COX and John MURPHY, Esqrs.
PHILLIPS v TUCKER
This was in information under the Towns Police Act, for the unlawful detention
by defendant, Mr Stephen TUCKER, of Long Creek, of a bullock, the property
of the plaintiff. John PHILLIPS having brought the beast in question,
to the neighbourhood of the Court-house, Mr PHILLIPS was requested to
inspect it, which he did; and on returning to the Court, said he could
swear to the identity of the beast, irrespective of the brand, which,
however, was his own, 1P. He had bred it and valued it at £10.
Mr. BRODRIBB, for the defence, submitted to an order of restitution, declaring
Mr TUCKER's intention to proceed against the party from whom he bought
the animal, was delivered up at once.
TUCKER v MILLER
Mr Stephen TUCKER complained that James MILLER of Long Creek had committed
willful and corrupt perjury. The case, out of which this proceeding arose,
originated in a trial at the last sittings of the District Court, at Mudgee,
wherein MILLER was the plaintiff and Mr TUCKER the defendant, whose set-off
involved items of account for goods sold and money paid, amounting to
about £500; among these was a sum of £20, alleged to have
been paid for MILLER, at his request. MILLER disputed this, and at the
trial, as well as before the arbitrator, to whom the matter was referred
by the Court, entered into an explanation of the reasons why he did so,
and it was alleged that, in giving this explanation, he committed perjury.
Complainant having made his statement, called as his witness, Mr JAMES,
solicitor, of Mudgee, who deposed that he had conducted MILLER's case
at the trial, and also, before the arbitrator, Mr McAULEY, who acted under
an order made by the District Court.
He was examined by the Bench on the particular item of account, and the
evidence given by MILER in respect of it, and was briefly cross-examined
Mr Edward CLARKE was next called, who being asked by the Bench to give
an account of the proceedings, said that to particularize would occupy
a quire of foolscap. He had conducted Mr TUCKER's case before the arbitrator,
and spoke to certain facts sworn to by MILLER in connexion with some timber.
The arbitrator had authority to administer an oath.
Mr BRODRIBB, solicitor, deposed that he was not present at the arbitration.
Could speak to what happened before the contract between the parties was
Defendant was then cautioned in the usual manner as to making any statement,
and was much disposed of to make a speech, but eventually forebore, when
the Bench, having considered, thought the evidence insufficient to warrant
a committal, and accordingly dismissed the case.
Mrs CARTER v Mrs DIGGINGS - Assault
Jane CARTER: I live with my husband at Devil's ole, and my information
is true. On the day named I hit the defendant's little girl, and I suppose
she went and told her mother.
By the Bench: My daughter was out gathering mushrooms, and home with a
scratched arm. She told me something and I took and gave defendant's daughter
a slap on the back; Mrs DIGGINS then came and jumped over the counter
at me, gave me a slap on the face and pulled my hair. She held a cleaver
over my head. Her husband is a butcher, and not at home.
Cross-examined by Mr BRODRIBB: I am a little injured; feel it now; I beat
the child because Mrs DIGGINS never will chastise her children; cannot
swear whether I used a strap or not, had one in my hand at the time. Mr
BRODRIBB appealed too such members of the Bench as might be fathers, urging
that defendant was justified in hitting out in defence of her offspring.
Their worships coincided and dismissed the case.
DUNGATE v TUCKER
The plaintiff, whose wrath against his fair opponent had scarcely subsided
when he entered the court, complained of a black eye inflicted by Mrs
TUCKER. He said he had called as he was wont, at the defendant's house
for a nobbler, and while seated, caught the child up on his knee and was
playing with him, when defendant came up and abruptly demanded the child,
giving him a blow on the face.
By the Bench: Are you much hurt?
Plaintiff: Yes I am. I have a black eye, and you can see it if you look,
sir; it has been done a week now.
Cross examined by Mr. BRODRIBB: Master Ernest was en dishabille; I am
in the habit of playing with him dressed or undressed; he did not scream;
defendant struck me, and then took him from me; I had not time to give
him up before receiving the blow; it is the first black eye I have ever
had from a woman; I went away without my nobbler. The Deputy Postmaster
and another witness, called by plaintiff, gave testimony , varying somewhat
from his own, whereupon Mr BRODRIBB addressed the Bench and gallantly
brought his client out of trouble again, maintaining that Mrs TUCKER had
a right to defend her darling.
TUCKER v JACKSON
This was an application under the Tenants' Act for a warrant to eject
the defendant from a farm of fifteen acres at Waratah alleged to be held
from Mr TUCKER as tenant at will.
Messrs BRODRIBB and CLARK (for TEMPLETON) appeared for the plaintiff.
Mr JAMES for the defence.
Stephen TUCKER deposed that he rented some land, of which the land in
question was a part, from Mr SUTTOR. That defendant is in possession,
and that he demanded possession from him before laying the information.
He never let the land to defendant on any agreement. Put him in possession
about September, 1859.
By the Bench: There is a shell of a hut on the ground. I lease the land
from SUTTOR, and pay him an annual rent for it. I have received permission
to mine on the land.
Cross-examined by Mr JAMES: I have never received or demanded any rent.
He went there as my overseer. He was to receive no salary. Employed to
receive miner's rights and to look after everything, for which he was
permitted to erect a mill, and was to have half-share proceeds of any
land that was cultivated. There has never been a settlement between us.
I wrote to him demanding a settlement, and at same time told him if he
required a settlement to call at my residence.
Mr JAMES declined to call evidence for the defence, contending that the
case for plaintiff was not made out.
Mr BRODRIBB replied.
The Bench, after deliberating, directed the order to issue. Warrant to
lie in the office eight day.
Mr JAMES gave notice of intention to give security to abide action of
SMALL DEBTS COURT
Saturday March 2
TUCKER v MERRIMAN - Claim for £6 odd for goods sold and delivered.
Mr JAMES appeared for defendant. Dismissed for want of jurisdiction.
WHITFIELD v MILLER - Struck out for want of parties.
Saturday, March 16, 1861
On Thursday, March 7th, Luke REILLY, from the county of Dublin, Ireland,
from a kick by a horse, aged 20 years.
Tuesday, March 12
Before Messrs. CADELL and LYONS
J CORN remanded last week for being of unsound mind was brought up for
Dr KING, who has attended CORN, said he was suffering from a softening
of the brain, produced probably from excess drinking. He had not exhibited
any violence during his remand, and as his master was willing to take
him back he might be set at liberty.
The Bench said he had improved so much in appearance they would discharge
George FOSTER was accused by John RANDALL with stealing a quantity of
Complainant having been sworn, said he rented a paddock at Red Bank and
had men in his employ felling the trees for fire wood. On the 7th instant
, while the men were drawing a load of it to Mudgee, FOSTER took advantage
of their absence and carted a heap away. He met him the next morning near
READFORD's , and spoke to him on the subject, he replied that the wood
was as free to him as it was to complainant, and that he would not pay
for it. CRIMMINS and two other men could prove that he took the wood.
CRIMMINS, upon being called, wished to know, before giving his evidence,
who was to re-imburse him for his loss of time.
The Bench informed him that as he had witnessed a wrong, like a good citizen,
he was bound to give evidence.
CRIMMINS: Doubtless that is all very well, but it would not feed his wife
and children. He thought if a man was obliged to leave his work for the
purpose of court, someone ought to pay him. This time he would give evidence,
and took his place in the box, was sworn, and asked what he knew, when
he replied, with much sang froid, - Nothing. He never saw Foster in the
paddock taking away wood.
There being no other witnesses, the case was dismissed.
Friday, March 15
Before Messrs CADELL and LYONS
E BAYLY was summoned under the Impounding Act for overcharge of pound
fees upon cattle which had trespassed his garden.
Wm. SIMPSON deposed that the cattle in question had been driven down to
water, and had found their way into what he called Mr BAYLY's cattle trap,
or what Mr BAYLY might call his garden. He was in the habit of leaving
the cattle on the banks of the river. If Mr BAYLY had a proper fence they
would not annoy him. When he released the cattle he paid the fees, &c.,
£2 2s under protest.
Constable CAMPBELL had examined the fence and considered it very insecure.
J WALSH, poundkeeper, proved the impounding of the cattle; 4s per head
was the highest charge that could be paid on cultivated lands.
Mr BAYLY said he had for a long period been annoyed with SIMPSON's cattle;
he had spoken to him on the subject, and £20 would not cover him
for the damage they had done to his garden. If the fence was insecure,
it was through SIMPSON's half-starved cows continually breaking it down.
The Bench, taking the state of the fence into consideration, made an order
for 1s per head.
John CORN was again brought up for being of unsound mind.
Constable CAMPBELL said since prisoner's discharge, several parties had
complained to him about his being at large. He was not violent when he
took him into custody. He had made a noise about 2 o'clock in the morning,
and endeavoured to obtain admittance into a house, on being refused he
forced his way through the window.
Dr KING considered it would be better to send the man somewhere where
he would be taken of. By proper attention he might ultimately recover.
Remanded for a week.
Hugh DOUGHERTY was charged by constable KELLY with being drunk and using
obscene language in the public streets. Fined 20s.
BANK ROBBERY - £500
Waltham BEARDMORE, charged for that he did, on or about the 8th day of
March, steal, take and carry away £500, the property of the Maitland
branch of the Bank of New South Wales.
C HARDY, chief constable, deposed that on the 14th instant, from information
he had received, he apprehended the prisoner at HUGHSON's Hotel. On seeing
him he asked him his name; he first said BLAKEMORE, but afterwards admitted
that it was BEARDMORE and said that wanted £50 very badly, he had
taken the £500 with the intention of returning it when able. He
hid a portion of the money in Maitland. Upon receiving his salary he went
to get it with the intention of making the £500 up, when he found
it was stolen, he then thought he had better abscond.
Upon searching him he (HARDY) found £131 in gold, 11s 3d in silver,
a watch and chain, set of studs, gold pin, pencil case, and the receipt
of a horse prisoner had purchased at Muswellbrook.
The usual caution having been given, the prisoner, who fully felt the
position is which he was placed, said that he had written to the bank
confessing all, and was on his way to see an uncle (a gentleman holding
a respectable position) to take his advice; he hoped that the Bench would
allow him out on bail, as he did not like being lodged in the lock-ups
on the road.
The Bench remanded him to Maitland, allowing him his horse and leaving
him in charge of Mr HARDY.
Testimonial to the Rev. A M'EWAN
List of subscriptions towards the Rev A M'EWAN's Testimonial from his
friends on the Castlereagh River.
Mr WATT's list:
Hugh McMASTER, Mobla, £2
John McMASTER, ditto, £2
Duncan McMASTER, ditto £2
David WATT, Ulindah £3
Mrs WATT, ditto £2
Andrew BROWN, Caigan, £5
Robert ROBERTSON, ditto £2
John GORRIE, ditto £1
David GALLATLY, ditto £1
James FRENCH, ditto £1
John CONDIN, ditto, £1
Thomas GILMORE, ditto, 10s
YANKSO, ditto, £1
CHRUSPAN, 7s 6d
George LESSEN, 5s
James ALLISON, Oakey Creek £2
Alexander FERGUSON, Tunderburina, £2
James M'CUBBIN, Coolah £2
David JONES, Queensberry Flat, £1
James F PLUNKETT, Talbragar £2
James GOULD, ditto, £1
John KERR, Denison Town, £2
David AULD, ditto, £1
£37 2s 6d
Mr RICHARDSON's list:
John RICHARDSON, Murrygon, £2
Mrs John RICHARDSON, ditto £1
Mrs William RICHARDSON, ditto £1
Alexander RICHARDSON, ditto £3
Mrs Robert RICHARDSON, £1 10s
Peter RICHARDSON, ditto, £2
William MILL, ditto, £1
David STRANG, ditto, £1
Richard TAYLOR, ditto, 5s
Richard GIBSON, Mundooran, 10s
John NICHOLS, ditto, 10s
Mary NICHOLS, ditto, 10s
Margaret CAMERON, ditto, 10s
E HASSALL, ditto, £1
Stephen TUCKERMAN, ditto £1
Mrs Thomas WEBSTER, ditto £1
Chas. M'CARTHY, ditto, 5s
Alexander M'EWEN, Biarnble, £1
George RICHARDSON, Bidden, £2
Peter MILL, ditto, £1
William HARVEY, Armitree, £2
TOTAL £61 2s 6d
In aid of placing a galvanized iron gutter round the eaves of the New
G H COX £5
A B Cox £5
George ROUSE, £2
H BURROWES, £1
John DICKOSN £1
J ATKINSON £1
Mrs BLACKMAN, £1
W R BLACKMAN, £1
S A BLACKMAN, £1
Nelson LAWSON, £1
Robert LOWE, £1
Edward CLARKE, £1
John J MILLS, £1
R CROSSING, £1
Rich. HUGHSON, £1
Samuel FOWLER, £1
J W FOREMAN, £1
Wm. READFORD, £1
Thomas SINDEN £1
Mrs GARBUTT (Cooyal), £1
Thom. CHAPPELL, 11s
Edward BAYLY, 6s
Saturday, March 23, 1861
On the 17th March, at her residence, Horatio-street, Mudgee, the wife
of Mr W B WARD, of a daughter. There were present at the time the grandmother
and great grandmother, so that the child constitutes the fourth generation
of the family now alive.
At her residence, Burrundulla, on the 18th instant, the wife of Mr Edward
SHEEHAN, of a daughter.
An inquest was held on Monday morning at the Shamrock Inn by Dr KING,
coroner for the district on the body of Darby HETHERMAN. Robert TOWNSEND
deposed that deceased came to his house on Saturday and complained of
being very ill. He gave him a gill of brandy; he then returned to his
home. On the next morning he went to HETHERMAN's gunyah to see how he
was, and he found him dead. Constable MILLER said he called at deceased's
residence and found in a sitting position with his head on a form. He
had a short time previously been talking with him, when he said he was
ill, and that he wished to go to Sydney. On searching the place he found
£1 12s 6d on the bed. Dr RAMSAY was of the opinion that death resulted
from natural causes accelerated, in all probability, by dysentery, from
which he appeared to have been suffering at the time of his death. The
jury returned a verdict "Died on the night of Saturday, the 16th
instant, from natural causes".
Mr BILLING of Watson's Bay, Sydney, who has recently imported two zebras
from Melbourne, caused some sensation by driving them through the city
in a light tandem on Thursday.
COURT OF REQUESTS
Tuesday, March 19
Before Messrs. LYONS and CADELL
John GORDON was sued at the instance of W BEAL for the sum of £6
6s. Defendant denied owing the money, and said that BEAL was indebted
to him to the amount of £15. He had received him in a state of destitution
without a coat to his back; has fed, clothed, and washed for him. At the
time he thought a deal of him.
BEAL said he was afraid he did not think much of him now, else he would
pay him for the many good turns he had done. He had worked a long time
for defendant, and should be obliged to sue him for wages due; as for
his owing him any money, it was a mere bubble.
GORDON again denied owing the £6 6s, and entered into a long explanation
how complainant had skulked about the place, eating his rations, borrowing
money for the races, and never doing a stroke of work in return.
The Bench dismissed the case.
KING v HOLMES. This was an adjourned case. A fortnight having been granted
to HOLMES to enable him to produce evidence as to the number of professional
visits Dr KING had paid him during his late illness, failing to do so,
a verdict was given for the amount claimed.
Tuesday, March 19
Before Messrs CADELL and LYONS
BAYLY v SIMPSON, SIMPSON v BAYLY. Both cases were withdrawn.
S RUTHERFORD was summoned for detaining a saw box, the property of W
RAY. The parties had been working together, and requiring a box complainant
ordered the one in dispute to be made, and had paid for it, which defendant
denied. Case dismissed.
Mr JAMES made application for T BLACKMAN being let out on bail, and explained
the circumstance of his absconding on a former occasion. Mr CLARKE (for
TEMPLETON) opposed bail being allowed especially as the Quarter Sessions
were so near at hand. Bail refused.
R ROPE was charged with killing a pig, the property of ___ TOUHY. Susan
TOUHY, complainant's wife, said that on Tuesday while she was at breakfast
the pig broke out of the sty; hearing the report of a gun she ran out,
saw the smoke, and ROPE with a gun in his hand. She had no doubt that
ROPE killed the pig; he was only three yards distant and his dog was close
to it; when she got up to the pig it gave its last kick. She valued it
ROPE said the pigs were a great nuisance to him; £10 would not pay
for the damage they had done to his corn; they were so "flash"
that as soon as they saw him they would immediately make for the creek.
The pig not being more than a year old could not be worth £4. Verdict
£2 10s and professional costs.
James FOLEY was charged by N MACBEATH with furiously riding through Market-street,
and endangering the life of a woman. Mr CADELL said the Bench were determined
to do all in their power to put a stop to furious driving, not only on
account of the public but likewise that of reckless riders. The full penalty
was £10; in this instance they would inflict a smaller one, 20s,
and hoped it would be a warning to others.
John CRONEN was fined 5s for being drunk in Market-street.
Robert CAMPBELL was charged with having in his possession a quantity
of wearing apparel, supposed to have been stolen. C HARDY, chief constable,
said he had received information that a quantity of clothes had been stolen
from the residence of R F JACKSON, Menah Flat, by the prisoner. Meeting
him in Market-street wearing clothes similar to those stolen; he asked
him where he had got them. Prisoner replied he had bought part of them
of Mr JUPP, the remainder he could give no satisfactory account as to
how he became possessed of them. Remanded till Friday for the evidence
of JUPP and the prisoner's mother.
Friday, March 22
Before his Worship the Mayor and Messrs LYONS and CADELL.
Robert CAMPBELL, remanded on a charge of having a quantity of clothes
in his possession supposed to have been stolen, was discharged for want
Ellen HAYES was charged with stealing a quantity of wine from the Settler's
Stores. Mr CROSSING deposed that the prisoner was his hired servant and
had no authority to go into his cellars. On Wednesday she was in a state
of intoxication, and refused to do her work; upon speaking to her on the
subject she grossly insulted him. H. BENNETT, storekeeper to Mr CROSSING,
said on the evening of the day in question the woman came down the cellar
with a mug for some wine; supposing her to have been sent, he allowed
her to fill the mug. She had been down on former occasions. The mug of
wine would be worth 1s. There being no further evidence, his Worship addressed
the prisoner to her improper behaviour and discharged her with a caution.
John CORN, who has several times been before the Bench in consequence
of being of unsound mind, was in consideration of his improved appearance,
and his wishing to have another opportunity of obtaining work, discharged.
Samuel FOWLER, alias BREMER, was summoned his apprentice. W B MAKEPIECE
having been questioned by the Mayor on the nature of an oath, which the
boy answered satisfactorily, was sworn, and said that in the middle of
the night of Wednesday his master got up and accused him with eating the
fruit, and struck him every time he answered contrary to his wish. Neither
or them were dressed at the time. He was beaten again on another occasion,
and availed himself the same evening of Mr FOWLER's absence while he was
at chapel, and ran away. He spent the night in the fields, not liking
to go home, FOLWER having often told him that if he ever ran away he would
have him put in the lock up. He afterwards went home, when his mother
had to send for the doctor to dress his back, which was very badly hurt
with the blows he had received. At this stage of the proceedings, Mr CLARKE,
who defended the case, conferred with Mr BRODRIBB, who was on the other
side, which resulted in both parties agreeing to cancel the indentures.
T BALLARD v John CRIMMINS. Case of assault. Was in consequence of an
important witness named "Jack the lagger", adjourned till the
John LEWIS was charged with unlawfully assaulting Mrs MORIARTY. Mr BRODRIBB
for complainant. Mr. CLARK (for TEMPLETON) for defendant. From the evidence
of Mrs MORIARTY it appeared that LEWIS came to her shop on Sunday night
to light his pipe, when he was told to do so and go away. He was tipsy
at the time, and Mrs MORIARTY not liking the smell of his breath, desired
him to go away, which he would not do, and told her that he would give
her "a lift on the lug". He then left the ship, but presently
returned and struck her a blow, which cut her head open. She went to the
Court-house for a constable. Her head had not been right since.
W WARD was at Mrs MORIARTY's on Sunday. Did not see LEWIS strike Mrs MORIARTY,
but saw her give him a slap on the face. He went out. On his return Mrs
MORIARTY was on the ground with her head bleeding. Told LEWIS that as
he was drunk it was very foolish of him to go into the house. LEWIS asked
him if he had struck her as he was too drunk to know.
Pat. LAHENE was burying fruit on Sunday night, when the row took place.
Saw the woman strike LEWIS, who followed her into the shop. The Bench
inflicted a fine of £5, to include professional and other costs.
J SIDDARD, summoned by Mr M'ARTHUR for neglect of duty, settled out of
W COLEMAN, blacksmith, was charged with unlawfully discharging firearms
in the town. Mr LYONS, J.P., said he as at COLEMAN's residence on Tuesday;
recollected defendant leaving with a gun, and shortly after heard a report.
Defendant returned home with (he thought) a gun in his hand.
C RICHARDS, servant to Mr HOWARTH, saw the defendant outside the …….on
the night in question with a gun in his hand; she was speaking to Mrs
COLEMAN about a dog, when she saw the flash and smoke of a gun; was not
more than two yards distant; a dog which was close to her was shot in
the paw. Upon speaking to COLEMAN of the danger of firing in the street,
he (COLEMAN) said if she did not go away he would shoot her.
Mr TEBBUTT proved that the spot in question was within the township.
Mr CLARKE intimated to the Bench that Mr HOWARTH had not brought the case
before the Court in consequence of any unneighbourly feeling against Mr
COLEMAN, but simply as a matter of public duty, on account of the practice
of discharging firearms becoming so general - a practice which, if not
suppressed, would some day be attended with serious consequences, especially
in places where there are so many children constantly playing about. The
Bench said, taking all the circumstances into consideration, they would
on this occasion inflict a fine of only five shillings, but in future
would put a much higher one in force.
Death from the bite of an adder - A child three years old, son of Thomas
DURHAM, farmer, at Glendon, near Singleton, was bit by a deaf adder on
Thursday afternoon and died within two hours.
Death from sunstroke - We regret to have to announce the third death
which has taken place in this town during the present week for the effect
of the excessive heat of the weather. At about 2pm on Wednesday, the wife
of Mrs Hugh MAXWELL, of East-street, while engaged in some domestic duty
in the yard attached to her house, suddenly dropped to the ground in a
state of insensibility. She had no covering on her head at the time, and
had been exposed to the rays of the sun for about ten minutes. She was
immediately carried indoors, and medical assistance was sent for, but
although Doctors ROWLANDS and CHALLINOR did everything that could be done
to recover her, she never spoke again, and died at about eight in the
evening. Mrs MAXWELL was a healthy young woman, who had every prospect
of long life, and has left two young children behind her. - Ipswich Herald.
Saturday, March 30, 1861
At Mudgee, on the 24th instant, Mrs R R HUGHSON, of a son.
At her residence, Glebe Cottage, Mudgee, on the morning of Monday, the
25th instant, Mrs George WALKER, of a daughter.
DETERMINED HIGHWAY ROBBERY
The following is an authenticated account of the daring robbery committed
on Mr SHAW, gold buyer for the Bank of New South Wales. Mr SHAW, having
business to transact at Tambaroora, left his residence on the Meroo about
five o'clock on Saturday, and proceeded to the Devil's Hole, where he
met some miners who had just returned from Lambing Flat. After a short
conversation with them he continued his journey. Having rode about six
miles over the high ground, he was about cantering down a short gully
thickly covered with low scrub and trees, when he heard the report of
a pistol, and the next moment a ball passed close to his horse's head,
which caused it to shy so much that it threw him, stunning him for a moment
or so. Before Mr SHAW could recover himself, a man rushed out the scrub,
held him on the ground by planting his knees upon his breast, and with
a loaded pistol in hand dared him to speak or to attempt to move. A second
man then appeared, who commenced searching Mr SHAW. Having secured the
booty, he decamped, taking with him a belt and revolver attached. When
he got a short distance, he called out all right to the other man, who
released Mr SHAW, and ordered him which way to take.
Both fellows were provided with horses, which they had close at hand tied
up to a tree. They, however, took the precaution to secure Mr SHAW's horse,
saddle and bags, &c., so as to have a good start on the road.
Mr SHAW hastened back to the Point and gave the necessary information
to the police. A dispatch was likewise sent to Captain BROWNE, and to
Mr OLIVER, the manager of the Branch Bank at Mudgee. Search was immediately
made for the men. About two miles from the place where the robbery was
committed, Mr SHAW's horse was found going home, minus the saddle bag
and contents. Information was likewise sent to Bathurst and Sofala.
Up to the present time, no intelligence has been received respecting the
robbers. There was a report that they were taken near the Devil's Hole
on Wednesday, but it has not been confirmed.
A reward of £60 is offered for their apprehension. They are described
as being about 5 feet, 8 inches in height, and square built. They had
evidently taken every precaution to prevent detection, being closely masked,
with hats slouched over their faces, and speaking in assumed tones.
FIRE IN MARKET STREET
On Saturday night, about 10 o'clock, a fire was discovered in one of the
bed-rooms in the weatherboarded house occupied by Mr BRANSCOMBE, tinsmith.
Fortunately it happened at a time when several parties were about; had
it occurred somewhat later in the evening, the whole of the premises would
probably have been destroyed. The fire is supposed to have occurred through
one of the children, who was in bed, moving a candle which had been left
burning on the table near. The whole of the furniture, clothes, &c.,
in the room were destroyed. The child, we are happy to state, escaped
Mr SCOTT, father of the sub Gold Commissioner at Kiandra, was found dead
at the Exchange, from apoplexy.
FOUND DROWNED - At about ten o'clock on Saturday night a little boy,
named William COLLEY, aged five years and eight months, son of Mr George
COLLEY, blacksmith of Pyrmont, was found floating in the water at Johnstone's
Bay, Pyrmont. He had been missed from him since five o'clock on the same
evening. On search being made, his body was found, as described, by his
mother. An inquest on the body will be held immediately. - Herald.
SUDDEN DEATH - A woman named Matilda REARDON, thirty-seven years of age,
who had been addicted to the free use of intoxicating liquors for a considerable
time, expired suddenly at her residence on Friday evening last. The deceased
was possessed of considerable property, including the Happy Vale Hotel,
and several houses in the vicinity at Darlinghurst. An inquest on the
body of the deceased woman was held at the supreme Court Hotel, South
Head Road, on Saturday, and a verdict, of "Died from a fit of apoplexy,
brought by excessive intemperance" was returned.
MYSTERIOUS - On Saturday night last the attention of Mr T HOWARTH was
called to the dead body of a man lying on the road about 200 yards from
his residence, Frederick's Valley. On examination, Mr HOWARTH recognized
the body as that of Mr Daniel M'CARTHY, a dealer on the Lachlan, who was
proceeding homewards from Sydney. In his cart was found only a half-bag
of flour. An inquest has, doubtless, ere now been held on the body, and
the singular circumstances attending the death, we trust, satisfactory
cleared up. - B Times.
FOUND DEAD IN THE BUSH - On Tuesday last as Mr HAND, of the Manus, was
journeying to Tumberumba, and crossing one of the ranges, he came upon
the lifeless body of a stockman in the employ of Mr SMITHICK, of Jingellic,
named RICHARDSON. On examining the spot, nothing could be seen to lead
to the supposition that he had been murdered, for close to him lay one
of his stirrups, and about twenty yards off, was the saddle with broken
girths, evidently the effects of buck-jumping. Mr HADD on arriving at
Tumberumba went to give information to the police. Inquiries were instituted
and it was ascertained that RICHARDSON had been drinking in Turberumba
the day before, but when he left he was sufficiently sober to ride home.
Where he was so or not has been painfully proven. Another victim of intemperance.
- Wynyard Times.
WESTERN POST AND MUDGEE NEWSPAPER
November 2, 1861
Accepted Tenders for Runs (11th October 1861)
("Rent…for period from the 1st instant to 30th June next, must be
paid within sixty days of present date….The Assessment for the present
year…must also be paid within sixty days from this date")
W HOOD and J TWADDLE, Keginni Run, Rent £7 10s, Assessment £20
David DENNY, Meldior Run, Rent £15, Assessment £20
David DENNY, Taranonga Run, Rent £8 5s, Assessment £20
David DENNY, Enambalong, Block A Run, Rent £8 5s, Assessment £20
L MILLER and T MAXWELL, Ellisland Run, Rent £8 5s, Assessment £20
L MILLER and T MAXWELL, Mossgeil Run, Rent £8 5s, Assessment £20
L MILLER and T MAXWELL, Strathavon Run, Rent £8 5s, Assessment £20
L MILLER and T MAXWELL, Abbotsford Run, Rent £8 5s, Assessment £20
L MILLER and T MAXWELL, Alma Run, Rent £8 5s, Assessment £20
F C BRODRIBB, Sebastopol Block C No. 3 Run, Rent £11 5s, Assessment
F C BRODRIBB, Sebastopol Block D No. 4 Run, Rent £11 5s, Assessment
Gustavus W WHIPPLE, Culpataro Run, Rent £7 17s 6d, Assessment £20
Gustavus W WHIPPLE, Margaro Run, Rent £7 17s 6d, Assessment £20
John B SUTTOR, Gonowlia Run, Rent £7 10s, Assessment £20
William H SUTTOR, Outter Wallandra Block A Run, Rent £7 10s, Assessment
James MAIDEN, Wealbah Block C Run, Rent £9 7s 6d, Assessment £20
James MAIDEN, Wealbah Block D Run, Rent £11 5s, Assessment £20
David RAMSAY, Upper Gonowlia Run, Rent £7 10s, Assessment £20
David RAMSAY, Ramsay No.1 Run (Willandra, Billabong), Rent £7 10s,
David RAMSAY, Ramsay No. 11 Run (Willandra, Billabong), Rent £7
10s, Assessment £20
David RAMSAY, Ramsay No. 10 Run (Willandra, Billabong), Rent £7
10s, Assessment £20
David RAMSAY, Kendal Run, Rent £7 10s, Assessment £20
David RAMSAY, No. 7 Willandia, Billybong Run, Rent £7 10s, Assessment
David RAMSAY, Ramsay No. 8 Run, (Willandra, Billabong), Rent £7
10s, Assessment £20
David RAMSAY, Ramsay No. 9 Run, (Willandra, Billabong), Rent £7
10s, Assessment £20
David RAMSAY, Ramsay No. 5 Run (Willandra, Billabong), Rent £7 10s,
David RAMSAY, Ramsay No. 3 Run (Willandra, Billabong), Rent £7 10s,
Samuel SMITH, Boororan Run, Rent £7 10s, Assessment £20
Samuel SMITH, Warranary Run, Rent £7 10s, Assessment £20
Samuel SMITH, Gunagia Run, Rent £7 10s, Assessment £20
Samuel SMITH, Lucaboo Run, Rent £7 10s, Assessment £20
Samuel SMITH, Back Wogonga Run, Rent £7 10s, Assessment £20
Joseph SMITH, Warragoodiana Run, £7 10s, Assessment £20
Michael BURKE, Bungerra Run, £8 5s, Assessment £20
Patrick J KEIGHRAN, Dry Country Run, £11 5s, Assessment £20
Patrick J KEIGHRAN, Willandra, Billabong, or Dry Country Run, Rent £11
5s, Assessment £20
Patrick J KEIGHRAN, No. 10 Run, Rent £7 17s 6d, Assessment £20
Patrick J KEIGHRAN, No 6 Jereelrumbie Creek Run, Rent £7 17s 6d,
Patrick J KEIGHRAN, No. 7 Jereelrumbie Creek Run, Rent £7 10s, Assessment
Henry TOM, Tom's Lake Run, Rent £10 10s, Assessment £20
Henry TOM, Nattue Run, Rent £10 10s, Assessment £20
John B WEST, Gunnowlia West Run, Rent £18 15s, Assessment £20
J L PHELPS, Gregory Run, Rent £7 10s, Assessment £20
F C BRODRIBB, Sebastopol Block A No. 1 Run, Rent £11 5s, Assessment
F C BRODRIBB, Sebastopol Block B No. 2 Run, Rent £11 5s, Assessment
George W LORD, Lower Balingeramble Run, Rent £7 10s, Assessment
Charles W LIGAR, Roto Run, Rent £7 10s, Assessment £20
Charles W LIGAR, Roto North East Run, Rent £7 10s, Assessment £20
Charles W LIGAR, Roto North Run, Rent £7 10s, Assessment £20
Charles W LIGAR, Outer back of Whoey Run, Rent £7 10s, Assessment
Charles W LIGAR, Papatoitoi No 1 Run, Rent £7 10s, Assessment £20
Charles W LIGAR, Papakura No 3 Run, Rent £7 10s, Assessment £20
Charles W LIGAR, Papakura No 4 Run, Rent £7 10s, Assessment £20
Charles W LIGAR, North Wallandra Run, Rent £7 10s, Assessment £20
Charles W LIGAR, North-East Wallandra Run, Rent £7 10s, Assessment
Charles W LIGAR, North Hyandra Run, Rent £7 10s, Assessment £20
The Representatives of the late J R HARDY, Yalgogrin Run, Rent £7
10s, Assessment £20
James CHISHOLM, Balara Run, Rent £11 5s, Assessment £20
Maurice H BLACK, Panban Run, Rent £7 10s, Assessment £20
W A BRODRIBB, Darling Block D Run, Rent £11 5s, Assessment £20
Messrs FLOOD, MAINE and MORRIS, Sahara No 2 Run, Rent £7 10s, Assessment
Edward BARLOW, Myall Cowell Run, Rent £7 17s 6d, Assessment £20
W W RICHARDSON, Yamba Yamba Run, Rent £7 10s, Assessment £20
F M HILL, Bumblebernia or Bumbleberria Run, Rent £7 13s 9d, Assessment
George FORRESTER, Bankeet Run, Rent £12, Assessment £20
George FORRESTER, Upper Bankeet Run, Rent £12, Assessment £20
By the Undersigned, TWO steady SHEPHERDS accustomed to fatten sheep. Wages
£35 per year.
N P BAYLY, Havilah, October 29th
WANTED, a single man as Journeyman, for strong work. The highest wages
given. Apply to JAMES OGILVIE, Ryalstone.
Friday November 1st
Before the Police Magistrate, and R LOWE, T CADELL, and G H COX, Esqs.
Daniel HEARN was charged with drunkenness.
Constable MacBEATH proved seven convictions within 12 months, and the
Bench sentenced him to two months imprisonment in Mudgee Gaol.
Stephen JONES, charged with a like offence, was admonished and discharged.
Boyd SIMPSON, charged with a similar offence, fined 5s or the usual alternative.
There was another charge against this man for an assault upon Mrs JULIAN,
which was postponed till Friday.
Richard R HUGHSON, summoned for breach of Towns Police Act, by allowing
pigs to stray.
Constable CAMPBELL. On the 28th ultimo, I found eight pigs in the Government
Reserve; on my way to the pound a servant of Mr. HUGHSON's claimed them;
I gave them up, and the pigs were taken to the defendant's.
Frederick SPRINGER, for defence: I got the pigs from Constable CAMPBELL;
the pigs are usually kept in a stye at the back of DICKSON and BURROWS;
about an hour before I got them from the constable I saw the pigs in the
stye, which is a secure one; on taking the pigs back, I found one panel
of the fence broken; the pigs are always kept secure.
Fined 5s and costs 3s 6d.
Alfred GILDER, was charged with furiously riding through the town on
Mr. BRODRIBB pleaded guilty for the defendant and stated that the defendant
was not in the habit of riding furiously, but that on this occasion his
horse got away with him, and he had no control over him.
Fined 5s and 5s 2d costs.
William BROWN was charged with stealing a cattle dog, the property of
Mr. BRODRIBB for prosecution.
Constable McBEATH: Prosecutor yesterday at 11o'clock gave prisoner into
my custody for dog-stealing ; prisoner said nothing.
George BURGESS: I know the prisoner; the dog outside is my property; I
last saw him on Sunday last; I neither sold the dog or lent it; the value
of the dog is £10; I gave £5 for him; from information I got
I gave the prisoner into custody; I believe it was stolen from him.
Cross-examined by prisoner: I believe the dog to be three years and a
half old; I had had him two years; yesterday I said to prisoner you have
my dog; prisoner said he had it in his possession yesterday, and will
have it to-day; I (plaintiff) bought the dog of Charles WILLIAMS of Hassan's
Edward ALDRIDGE: I know prisoner; I was at his place on Wednesday last
at Cooyal with some dogs; the dog outside the court is one of the dogs
the prisoner had with him; I put the dogs on some cattle of his; and the
dogs went away with him; I knew the dog to be BURGESS's when I saw it
with the prisoner.
William GOLD: I know the prisoner; I was with the prisoner on Wednesday
last in the bush, and we had dogs following us; the dog outside was one.
That dog followed us out to Cooyal on Sunday night last. I heard BURGESS
on Thursday ask prisoner where his dog was; prisoner said he did not know.
From Sunday until Wednesday the dog was with us at Cooyal.
Charles LAPPAGE: I know the dog outside; I am at work on Mr. FOREMAN's
farm; I have seen the dog at Pipeclay: I saw him there with four or five
dogs; I fed him. I am putting up a hut at Mr. FOREMAN's. I have seen the
prisoner about three times since last Sunday; prisoner did not stop where
the dog was; I never saw prisoner call the dog. I would not let a boy
who came and claimed the dog for BURGESS take him away.
Cross-examined by Mr. BRODRIBB: I live in a hut; prisoner lives in a tent;
he sometimes sleeps in my hut; I do not know whether he slept in his tent
on Sunday or Tuesday nights.
The Bench did not think there was evidence sufficient to convict, and
prisoner was discharged.
Before the Police Magistrate, his Worship the Mayor, T CADELL, and R
John MACKENZIE was summoned under Tenement Act for possession of premises
belonging to Messrs. COX.
The defendant did not appear and the tenancy, expiration thereof, and
the other requirements of the Act being proved, an order was made for
a possession warrant, to lie in police office for 14 days before execution.
John JACOBS charged with using abusive language to E MURPHY.
The Bench not agreeing as to their verdict, no order was made.
Edward ROSE, for breach of Towns Police Act, was fined 5s, costs 3s 6d.
Richard CROSSING, charged with allowing sheep to stray in Court-street,
fined 15s, and costs 3s 6d.
Mark SADDINGTON, allowing cows to stray, fined 10s, and costs 3s 6d.
Fred NEWMAN, allowing cow to stray, fined 5s, costs 3s 6d.
Thomas CLUFF, allowing pigs to stray, fined 5s, costs 3s 6d.
William SIMPSON, allowing cows to stray. The case was postponed to Tuesday
next in consequence of the absence of the principal witness, E BAYLY.
A second and third case was postponed for a similar reason.
John HEALY, breach of the Towns Police Act, adjourned for a fortnight
to allow time for defendant to return from Sydney.
Thomas NEW, postponed for a fortnight in the consequence of absence of
Henry BURROWS, allowing cow to stray on two separate days, fined 5s.,
costs 3s 6d, for each offence.
Thomas McCOY - three cases of cows straying. First offence 10s, costs
3s 6d; second and third cases were withdrawn on the defendant paying the
costs, 3s 6d each.
Joshua TAYLOR, for allowing mare to stray on Government reserve, fined
10s, costs 3s 6d.
On the 24th October, at St. Andrew's Church, Sydney, by the Rev. J DOUGAL,
Mr John FREE of Sydney to Amelia, youngest daughter of the late Samuel
BLACKMAN, Esq., of Cobbity.
On the 30th October, at her residence, Balmain, near Sydney, Margaret,
the beloved wife of H C BEVERLY, Esq.
November 6, 1861
Unclaimed letters lying at the Post Office, Sydney
Thos. ANDREWS, Meroo
Robt. BELL, Dubbo
Thos. BLACKBURN, Meroo
Capt. W BROWN, Hargraves
Mr. BROWNLEE, Talbragar
Mrs. R COHEN, Avisford
G W CORK, Wee Waa
Mrs COLLINS, Mudgee
Chris. COOLESON, Mudgee
Geo. COTTLE, Namoi River
J A CROLY, Coonabarabran
Jos. DALE, Mudgee
Thos. DILLON, Mudgee
E DANKERTON, Meroo
R EARWAKER, Coolah
R EDMONDS, Meroo
Mrs. S ENGLAND, Rylstone
Jno. FISKEN, Talbragar
Jas. FOSTER, Hartley
M. GORDON, Mudgee
Miss A GOSPER, Coolah
Jno. GRANT, Wellington
Miss E HAINE, Mudgee
Jas. HANSON, Mudgee
C. HAMILTON, Wee Waa
D. HARTIGAN, Mudgee
Mr. HEMET, Meroo
Jas. HILL, Coolah
Chas. HOLROYD, Dubbo
Jno. HUME, Mudgee
Peter JEFFREY, Coolah
R JONES, Mudgee
Joshua KURTZ, Meroo
F W LEWIS, Dubbo
G LIGHT, Wee Waa
Thos. MACNAMARE, Macquarie River
Jno M'GINN, Mudgee
M. MORAN, Mudgee
Thos NICHOLS, Mudgee
Mr. NICHOLS (in charge of sheep), Coolah
D PETERS, near Mudgee
Mr. PETERSON, Wee Waa
Mr. REID, Rylstone
John RIEDY, Mudgee
Edward RILEY, Mudgee
D RINTOWL, Meroo
S. RYRIE, Meroo
Jno. SHERIDAN, Mudgee
J B SHEPHERD, Coolah
Fred. SMITH, Meroo
Thos. SULLIVAN, Dubbo
Miss E TAYLOR, Mudgee
Robt. TAYLOR, Mudgee
W THORNHILL, Mudgee
Jno. URQUHART, Mudgee
Jno. WARD, Dubbo
Mr. WAAR, Rylstone
Monday, November 4
Present the Police Magistrate and G H COX, Esq., J.P.
T McNALLA, charged with being drunk.
Prisoner having been several hours in the lock-up, and it being his first
offence, he was discharged with a caution.
M. O'DONALD, charged with being drunk, denied the fact, and said he was
taking home a friend who had been indulging a little too freely.
Mr HARDY said he first cautioned the prisoner, and advised him to go home;
instead of his doing so, he became very violent and used obscene language.
N M'BEATH said when the prisoner was brought to the lock up he was mad
Fined 20s or 48 hours' imprisonment. Prisoner remarked that his money
was his only friend.
SMALL DEBTS COURT
M. CUMMERFORD v. G BURGESS - £9 money due for driving cattle. Verdict
for the defendant.
W. BOWMAN v. W WELKING - £3 4s, value of four fat sheep. Postponed.
E COOK v. M BROPHY - £10 damage by bullocks. Not served.
S JAMES v J KEENAN - £6 5s 3d, goods sold. Verdict for plaintiff.
S JAMES v P GUGLEEMOIN - £9 19s 4d goods sold. Struck out.
H R REUBENS v A ROBINSON - £3 3s 6d goods sold. Settled.
H FROST v C POLDEN - £2 money lent. Verdict for the amount.
H FROST v G BURGESS - £5 money lent. Verdict for plaintiff.
H FROST v T HONEYSETT - £4 2s 6d service of a horse. Settled
H FROST v J LOONEY - £2 7s 6d. Settled
H FROST v J SAUNDERS - £6 7s 6d. Settled
W WILKINS v Matilda KEELES - £3 promissory note. Settled.
R BUTHEY v J SMYTH - £4 11s 6d promissory note. Settled.
R FROST v J B HARPER - £1 16s promissory note. Settled.
W ROBINS v P ANDERSON - £7 goods sold. Settled.
T E MILLS v J MALONEY - £6 1s 9p hotel expenses. Settled.
R CROSSING v J FOSTER - £5 value of two bullocks taken by defendant.
W RUSHBY v T ISBESTER - £1 10s recovery of reward offered for mare.
Tuesday, November 5th
Before the Police Magistrate, and R LOWE, Esq.
W SIMPSON for allowing five cows to stray in the public streets.
Mr. JAMES appeared for defence.
E BAYLY said on the 20th of last month, about 8 o'clock in the evening,
he saw a number of defendant's cattle in his garden others in Perry-street,
and a white one in Short-street, which defendant claimed.
Mr JAMES endeavoured to prove that the cattle were in Mr E BAYLY's charge
at the time, which he denied, and at the same time he wished it to be
understood that he was in no ways actuated by any ill feeling towards
SIMPSON in the matter; all he wished was to get rid of the nuisance.
The Bench fined defendant 10s and costs. There were two other informations
which were withdrawn upon the payment of the costs.
J C GARBUTT was summoned for £11 1s 6d wages due.
Mr. JAMES appeared for complainant. Mr. BRODRIBB for defendant.
KIE, a Chinaman, having been sworn by blowing out a candle, said, by means
of an interpreter, that he had engaged to shepherd 12 months' for GARBUTT;
the agreement before the Court was signed by Mr. GARBUTT. After serving
eight months he was told by Mrs. GARBUTT that he must go away; he first
asked her for his wages; Mrs. GARBUTT told him to go to Mudgee, which
he did, when he was told that his mistress was gone to Sydney; on her
return he again asked for his wages, and was told by her to go to Cooyal,
where he went, when she told him that his wages came to £7 10s.,
and asked him for his agreement which he said he had lost; she then gave
him £3, which, with goods he had received, came to about £9.
For the defence.
Elizabeth GARBUTT said she had never discharged the complainant, and she
was not aware that he had left her service until her return from Sydney;
before leaving Mudgee she had taken the flock away from him, and had forgotten
him altogether. When he asked for a settlement she produced an account,
which, with the money he had received, amounted within 10s. to the sum
due. The goods named in the account produced were supplied at his request;
he had not been dismissed.
Boyd SIMPSON - case of assault.
Mr. BRODRIBB for complainant.
Maria JULIAN said on Wednesday defendant who was in her employ, came in
for a couple of glasses of grog, which she refused to let him have, and
told him to go and do his work, instead of doing so, he commenced abusing
her, and made several blows at her; in attempting to guard off one of
them, she received a severe blow on her left arm, which had prevented
her using it since. She gave him no provocation.
Charles SHEPHERD said he was a butcher and called as usual on Wednesday
at Julian's when hearing a row, he went round to see what it was about,
when he saw defendant strike Mrs. JULIAN; not liking to see a woman struck,
he shouted "hold, enough!" and interfered. No one was present
but prisoner's wife. Mrs. JULIAN did not attempt, in his presence, to
bang prisoner's head with a frying pan.
Dr. KING said he had attended Mrs. JULIAN for a hurt on the left arm;
when he first saw it, it was swollen to three times its usual size; great
violence must have been used.
For the defence.
John HOGAN said he was passing Julian's on Wednesday, and "saw a
woman screaming like"; he went round to learn what the matter was
all about, and saw the missus with a frying pan in her hand, but did not
witness any blows, which was all he knew about it, except that the person
treated him to a glass of grog.
Fined £5 or one month's imprisonment.
Edward ALDRIDGE, charged with stealing a cow and calf.
W. BROWN, a material witness in the case, not being present, a warrant
was issued for his appearance, and the case was adjourned until Tuesday
next. Bail allowed.
Mr. BRODRIBB appeared for ALDRIDGE.
James PAULING, for excessive damages put upon a horse impounded by him.
F. SYMES said defendant had impounded an entire horse, for which he had
paid the sum of £5 and 10s damages.
The Bench said the fine being in accordance with the Act, they must dismiss
There was a second summons on account of PAULING not having given a written
notice to the keeper at the time of the impounding .
Fined 40s and costs.
Thomas ISBESTER - £4 15s wages due
G. WHITE said he had hired as bullock driver at 20s per week, and claimed
£4 17s balance due. Both parties called witnesses to prove and disprove
the payment of the amount claimed, and a number of complicated accounts
were put in as proof of payment.
The Bench, after a patient hearing of the case, gave a verdict for £4
3s and costs, to be paid in a week.
At her residence, Ryalstone, Mrs. WESTON, on the 30th October, of a daughter.
November 9, 1861
From a Correspondent
Before E K COX and James HARDWICK, Esqrs., J.P.s.
___TRAIN, charged with assaulting Mr. TAILBY and using abusive language,
was bound over to keep the peace for twelve months.
Sarah TRAIN was charged with taking a dress, the property of Miss TAILBY.
Miss THURSTON deposed to having seen the dress in the possession of the
The case was remanded for a week for the purpose of enabling defendant
to procure evidence for her defence.
Friday, November 8
Present the Police Magistrate, the Mayor, and G H COX, Esq.
James SUTHERLAND was charged with being drunk in Market-street.
It being his first offence, and having been in the lock-up since Tuesday,
he was dismissed with a caution.
John HEWSON - Assault
Mr. BRODRIBB appeared for the defence.
Constable MORAN said he arrested prisoner upon warrant about two o'clock
on Thursday for an assault; upon taking him into custody he said he knew
nothing about it.
John BANNON, the state of whose face proved the extent of the assault,
said he was taking his tea on Wednesday evening, when, from a message
brought to him by a little girl, he went to see the prisoner, who had
sent for him; upon reaching the house in which prisoner was staying, he
came out, knocked him down, and kicked him about the face; when he had
finished, he said "Do you know what that is for? Why for the windows".
He (complainant) had never seen the man before, and had never given him
the least provocation.
Two witnesses were called who, not seeing the assault, added nothing material
to the case.
Mr. BRODRIBB addressed the Court in mitigation of punishment on the ground
that complainant had broken two windows in the house of a young woman
who was about being married to the defendant.
The Bench said it was an aggravated case, and fined defendant £5,
R W HEARD - Breach of the Dog Act.
Mr. BRODRIBB appeared for the defence, and objected to the information,
which alleged that the offence took place upon the Government Reserve,
which was not a public thoroughfare.
This the Bench overruled.
Mr HARDY said about half-past nine o'clock on Wednesday he was attacked
by two large dogs; as he was passing the Government reserve between Short
and Market streets. One of the dogs, which was afterwards claimed by Mr.
HEARD, caught hold of him by the trousers, the other flew at him behind.
Mr. HEARD's dog made a slight hole in his clothes; he struck him on the
head with his pistol, which caused him to leave go; the dog shortly after
flew at his throat, when he fired and hit him in the shoulder. He considered
his life was in danger. The reserve was a public place, unfenced.
Mr. BRODRIBB said that the dog, which was a very valuable one, had never
been known to attack anyone; it was exceedingly fond of children, and
was of great use to Mr. HEARD in protecting the premises at night. Mr.
HARDY's shot had so seriously injured the dog that it was now useless,
and, taking the loss of the dog into consideration, and the slight damage
done to Mr. HARDY's clothes, the infliction of a very small fine would
satisfy the ends of justice.
Fined 40s and costs.
William MURPHY was fined 5s and costs, for a horse; and Wm, SIMPSON 10s
and costs, for a cow straying in the public streets.
Martin CUMMERFORD, was fined 10s for using insulting language in HEARD's
public house towards George BURGESS.
November 13, 1861
List of local business advertisers:
George WALKER, Auctioneer and General Agent
J SIMPSON, General Commission Agent, William-street, Bathurst
William ANTHONY, Flagstaff Stores, Dubbo
George WALKER (real estate advertisements) Short-street
William LOVE (retailer of foodstuffs) 494 George-street, opposite the
Mudgee Union Investment & Building Society, Court-street
J S HOME, Interim Secretary, Wattle Flat Quartz Reefing and Crushing Company
Limited, George-street, Bathurst.
Matthew ROGERS, supplier of bark, shingles, palings and laths, Cudgegong
(orders received by Mr. WILKINS, Cudgegong).
Charles Thomas LEE, Oakfield - cart and harness for sale £12
Henry DARE, Mudgee Steam Mills, seed potatoes for sale
S H BARNES' Mudgee Drug Store, Lewis-street, opposite Hughson's Hotel
Dr. CUTTING, offering Galvanism as a remedial agent for nervous complaints,
CORVETH's Mudgee Express Van (leaving Mr. HEARD's Mudgee Hotel)
Thomas CHAPPELL, Mudgee Steam Flour and Saw Mills
Edward MARLAY, Secretary, National School, Mudgee
John CANNNING, Freemason's Arms, Merrendee, Lower Meroo , on the line
of road from Mudgee to Wellington, is now enabled to offer superior accommodation.
Good stabling. Hay and Corn always on hand.
S. HILL, Assembly Rooms, Market-street
N and C W LAWSON, offering stallion services by Mr. LEATH's 'Waggoner'
Draught Stallion at Coolah
H W BLOOMFIELD, offering stallion services by 'Sir Walter' at Louee.
Henry DEAN, wholesale candles and soap
M CUMMERFORD, Boot maker, Knox's buildings, Market Street, Mudgee
T NICHOLSON, Tailor, Wilton's Old Store, Market-street, Mudgee
Doctor RAMSAY, Cox Street, West end Market Street
E W HOBBS of Bathurst, Cabinet Maker, Upholsterer, and Undertaker, Lewis-street
J SIMPSON, publishing office, William-street, Bathurst
George PHELPS offering stallion services by 'Scotch Jock' Draught Stallion,
at Vincent's Mount.
E C ROBINSON, offering stallion services by 'Young Wiltshire Champion'
Draught Stallion, at READFORD's Maitland Hotel.
A THOMPSON, Green Swamp, offering stallion services by the thoroughbred
horse 'Clarence', bred by Mr. Oliver FRY, Clarence River.
A HENDERSON, offering stallion services by the draught stallion 'Young
Glenelg', at Coolah.
M J NORRIS, offering stallion services by the draught stallion 'Brown
Prince' at Mr. H. FROST's Victoria Inn, Mudgee
ROWELL and KELLETT, retailer, Old Flagstaff Stores, Market-street, opposite
the Court House.
DICKSON & BURROWS, retailer, Mudgee
Thomas HEALY, The Royal Oak, Mortimer street, Mudgee
Matthew SHARP, Denison Hotel, Market-street, Mudgee (previously occupied
by Mr. J W FOREMAN).
J P OLSON, cooper, Western Cooperage, Market square
W CHAPMAN, Club House Hotel, Bathurst.
W MARTIN, Travellers' Rest, Cobbera.
Joseph COX, Cricketers' Arms (Hotel), Merrendee, Lower Meroo.
Mr T WOOD (son of Mr. H WOOD) and Mr J HARRINGTON, instruction on dancing,
deportment, violin instruction, Denison Hotel, Mudgee.
W S ROBISON, Manager, Bank of New South Wales - Mudgee branch directors,
George ROUSE, Esq., and George H COX, Esq.
HUGHSON's Hotel, booking office for Royal Mail Daily Coaches
LOST, from Mr. Colin McKENZIEs station (Wongan), on or about the 15th
October, a Bay HORSE, branded CAY near side neck, M near shoulder, MG
near thigh, small star in forehead, about seven ears old, and about 16
hands high. The above reward will be paid to any person delivering the
said horse to Mr. Colin M'KENZIE; or to Mr. Joseph HEART, Wongan, via
Nandi, Coonabarabran, 28th October.
I Hereby caution the public against taking a cheque drawn by Richard ROUSE,
Esq., of Guntawang, in favour of Hugh McCARTHY for £16 17s 6d.,
which I suppose I lost between Guntawang and Mr. SHERRIDAN's Goodman Inn.
This cheque is stopped at the banks in Mudgee. Any person finding it and
giving the same to Mr. ROUSE or Mr. SHERRIDAN, of Goodman Inn, shall receive
Adam PALMER, Kawang, Warrumbungle Mountains.
All cattle trespassing on my Runs at Merrendee will be impounded; and
all Trespassers will be prosecuted as the law directs.
James PAULING, Merrendee, November 5, 1861.
The Broombee Inn. Applications will be received by the undersigned from
parties wishing to leave the Broombee Inn.
Geo H COX, Broombee, or
Arch. B COX, Burrundulla
A female general servant. Apply to Mrs. KNOX, Market street, West.
From our correspondent
Serious Accident - An accident occurred a few days ago, which was attended
with serious consequences to a lad named William Richard MURRAY, son of
Mr J H MURRAY, teacher of the National School of this town. It seems that
young MURRAY was training or exercising a young horse, which became unmanageable,
and bolted, dashing him against a tree, and throwing him off. On being
taken up, it was found that he had sustained a frightful injury over the
right eye, and was more or less bruised about the body. The unfortunate
lad was immediately conveyed to the residence of his father, which was
the nearest place to the scene of the accident, and was ably attended
to by Dr. MORRIS, of Cassilis, and is doing well considering the nature
of the injuries received.
The much needed repair of our main street is being actively proceeded
with by Mr. GRIEVE, the contractor, and the work so far done, looks remarkably
well, which reflects great credit on him.
The weather is excessively hot, rain is much needed. November 7th.
From a Correspondent
Shocking Accident - A shocking affair occurred between Rylstone and Cunningham's
Creek on Saturday. A man named William MOORE, alias Banagan Billy, went
into the bush with two men named Robert BUSH and Rheuban SHOMERAFT to
bring home a load of bark; they were to take the bark to Cunningham's
Creek; William MOORE it appears was riding on the top of the bark on the
dray, and while passing down a sidling the dray capsized and rolled over
on to William MOORE. A soon as possible he was released from his awful
position and conveyed to Creswick. In the meanwhile a messenger had stated
to Rylstone to bring Mr. WESTON, surgeon; that gentleman was quickly in
attendance, but immediately pronounced the case hopeless. The unfortunate
man expired about a quarter of an hour after reaching Creswick. The dray
appears to have totally crushed his face; scarcely any other part of the
body was injured, the whole of the facial bones were smashed, the nasal
superior and inferior maxillary and ethnoidal bones were merely held together
by the muscles. These, of course, being technical names will not, perhaps,
be interesting to your journal readers, but they will, of course, be so
to your correspondent, T C D who appears to imagine that he is the only
man in the Western district, who (to use his own "clap-trap")
is acquainted with anatomical mechanism and physiological research.
Tuesday, November 12
Before the Police Magistrate, his Worship the Mayor, R LOWE, Esq., and
T CADELL, Esq.
Thomas CORBETT, charged with being drunk in Market-street was discharged.
Edward ALDRIDGE remanded on bail, upon a charge of stealing a cow and
calf, was discharged upon entering in a bond to appear when called for.
The witness BROWN, who had given information, and for whose appearance
a warrant had been issued, not being found the cow and calf were ordered
to be impounded.
On the 7th instant, at the Church of England, Orange, by the Rev. G M
FOX, Mr J S THOMAS to Miss M A SHEPPERD, both of Orange.
November 16, 1861
Wanted by the undersigned, six shepherds. Families preferred. Apply
J B JONES, Gundare, Coolah
Patrick MOREN, charged with stealing a mare.
Mr. BRODRIBB appeared for the defendant.
Constable CAMPBELL said that he went to Warrengunyah on Tuesday with a
warrant in search of a mare belonging to a person of the name of CURREN.
He found the mare described in the warrant about half a mile from defendant's
residence. The mare in the police yard was the one he seized; he did not
see the defendant.
W. CURREN said the mare in the yard was his property; she was stolen from
his farm at Oakfield on the 22nd April. He did not know the defendant,
and had never seen him before. A party living at Cudgegong had given him
information where the mare was to be found.
Cross-examined by Mr. BRODRIBB: The mare was running in the open bush;
he did not think that she would stray away from the place.
For the defence,
Mr. BRODRIBB said that the defendant knew nothing about the mare; he had
been summoned to answer a charge he knew nothing about, and which they
had not heard one word to substantiate. His client had never exercised
ownership over her, neither was she found on his land.
The Bench adjourned the case till Tuesday in order to obtain the evidence
of the man at Cudgegong, who gave the information.
Thomas BROWN and John BANNON, remanded upon a charge of robbing £50
Mr. BRODRIBB appeared for the prisoners.
Henry DARE said on Sunday last he left his house with his sisters and
Mrs DARE about a quarter past seven; the servant had left a short time
previously. On his return from church he called at the mill to speak to
the engineer, his wife and sisters walked home. Shortly after, one of
them returned and told him that the house had been robbed. Upon reaching
home he found that one of the windows was propped open with a flower pot.
He went up stairs and found that a quantity of jewellery worth £50
had been stolen. The whole of the articles were in the dressing room when
he left the house. He had often seen the prisoner BROWN at a cottage near
Bridget FENTON, servant to Mr DARE, said she left the house about a quarter
past seven, and returned about ten minutes to nine o'clock, when she found
the back door open; upon entering, a tall man stepped up, slapped her
face, and ran away. Another man came down the stairs, took hold of her
hat, and tore it. She said to him, " Who are you?" and put her
hands against her breast, and asked him "If he was going to murder
her?" The man had a small writing desk in his hand, which he threw
down: he then "drew" a kick at her, and ran away. Both men went
across the paddock. She went next door to tell Mr TEBBUTT. On Mr. DARE's
return she gave him a description of the men. T he moon was shining full
in their faces, so that she could see both plainly, and would swear that
the prisoners before the court were the men. The second man, before running
away, attempted to blindfold her by pulling her dress over her head, which
she succeeded in preventing by tearing it away. The prisoners were dressed
in the same clothes as they had on, on the night in question.
Mr. DARE re-called: The description given by the girl, on Sunday evening,
agreed with tat she had given to the court. It so corresponded with the
appearance of the prisoners, that he should not have hesitated to have
The Chief Constable applied for a further remand until Tuesday, which
John CARROLL, charged with being of unsound mind.
Constable MORAN said he apprehended the prisoner upon warrant, charging
him with being in an unsound state of mind.
Hannah MARTIN said that she was a widow and had to support four children,
the defendant was her brother; he had been subject to fits for many years;
since his last, he had been so much worse that she did not consider it
safe for him to be at large; she had no ill-feeling against him, he was,
however, so bad at times that if not placed under restraint, he would
himself or someone else.
Dr. W KING said he had examined defendant, whom he had known for years,
it was evident, from the conformation of his head, that he was of a very
weak intellect, and considered that he ought not to be left to himself.
He had no doubt that under the care of a guardian, he could be led about,
and even made to do work.
The sister said it was impossible for her to take charge of him any longer.
The Bench bound him over to keep the peace, and in default of finding
security, to be sent to Darlinghurst gaol for a month, with a view to
his future disposal.
20 November 1861
Having a Bay HORSE in my possession, branded S on near shoulder, W on
off shoulder, and which I am working, any person who can prove a better
claim to him than myself can have him upon paying me all expenses.
No risk will be incurred.
R GLASSCOCK, Upper Meroo, November 5th 1861
District and Mining
From our Correspondent
We were much gratified on Monday last by a visit from the Lord Bishop
of Newcastle, who preached an excellent discourse from Psalms 119, v.
165. The sermon was plain and practical, and adapted to the capacity of
all. There is one observation which may be made, and which impressed all
who heard him - that his Lordship's heart was evidently in his work -
that great work being the salvation of the immortal part of man. Our clergyman
the Rev. Mr. BIRDS, of Cassilis, and Mr. WHITE of Mussell Brook, were
The ladies have been somewhat obstreperous in this quarter lately; two
married women having deserted their husbands. These conjugal quarrels
are for the most part easily made up, and which, I doubt not, will be
done in the cases referred to.
One of our oldest aborigines, poor BRANDY, died very suddenly yesterday
from the breaking of a blood vessel. His own people buried him, which
I believe was done b putting him in a sitting posture.
A half-caste, a native of Wellington, was committed a few days ago by
the Cassilis Bench for rape on the person of a respectable married woman.
As the proceedings were conducted, very properly, with closed doors, of
course I can only say that the case resulted in a committal.
A person residing in BRAGGETT's public house had his pockets picked, a
few days ago, of £7. A man in BRAGGETT's employment is understood
to be the thief, and although the money was taken from him, except what
was previously spent, it does not appear that the police have hitherto
taken any notice of it. Should it come to the ears of the magistrates,
they will probably call the chief constable to account. Publicans should
be made aware that if they knowingly harbour improper characters, they
are liable to have their license cancelled, and are liable for any loss
visitors may sustain.
The Coolah mail arrived a half hour tonight after the stated time. This
ought to be looked after, for their can be no excuse now with reference
to bad roads and bad weather.
The contractors between Mussell Brook and Mudgee to Cassilis are entitled
to every praise for punctuality - 14th November, 1861.
At Bockermer, Merri Merri Creek, Castlereagh River, on the 4th November
instant, Mrs. Paul HARFORD of a son.
On Sunday evening, the 17th instant, at the Parsonage, Mudgee, Mary Elizabeth
PARKER, daughter of the Rev. Thomas ANGWIN, aged one year and ten months.
Monday 18th November
Before the Police Magistrate, and E MARLAY, Esq.
Michael O'DONNELL, was fined 10s., or 24 hours imprisonment, for being
drunk and disorderly.
John PARKER, who pleaded guilty of being drunk, was discharged, it being
his first offence.
N. McBRIDE and B GALLAGHER, were each find 10., or 24 hours' imprisonment,
for being drunk and fighting in Perry-street.
Tuesday 19th November
Before the Police Magistrate, his Worship the Mayor, and E MARLAY, Esq.
John NEAREN, Charles SKEREY, and Franklin KERR, were brought up on suspicion
of stealing £200.
C. HARDY, Chief Constable, said he apprehended the prisoners about 6 o'clock
yesterday evening, at Oakfield, for stealing £200, the property
of Mr. J PHILLIPS, of Avisford. They were working for Mr. WESTLEY, he
apprehended them from the description given to him by the Police Sergeant
of the Gold-Fields. They had said that they had come from Bathurst; he
found not money upon them; they all denied the charge.
John PHILLIPS, publican, at Avisford, said that he was robbed on Thursday
last of a quantity of money, which he kept in a box in his bed-room. He
and his family were about going to bed; he went to the stable to give
his horse a feed; on his return to the house three men met him at the
door and presented fire-arms at his head. They had their faces covered
with calico. They tied his hands together and held him in a corner of
the room. They next fastened his two boys together back to back, and afterwards
secured an old woman. He could not swear to any of the prisoners. SKEREY
and NEAREN looked very much like two of the men. He was so kept in the
corner that he could not get a fair look at them.
John PHILLIPS, jun., was present when the house was robbed; he had a pistol
presented at his head; he could not swear to any of the men before the
court, as the men had their faces covered and endeavoured to change their
The prisoners said that they knew nothing of the charge, and that the
drive of the Mudgee mail could prove having seen them on the road near
The driver (Wm. GODFREY) having been sent for, said he had seen the men
on the Sydney Road carrying swags and leading a horse; he could not say
what day it was. One place he remembered seeing them at was near Stoney
The Bench said there was not sufficient evidence to detain them, and ordered
Thomas BROWN and John BANNON, remanded upon a charge of robbing the residence
of Mr. DARE, were again brought up for examination.
H. TEBBUTT said about nine o'clock on Sunday week evening, Mr. DARE's
servant came to his house and told him that her master's house had been
robbed. He went with her and saw the writing desk now before the Court
on the passage floor. The back door was opened and there was evidence
that the thieves had been committing depredations.
Bridget FENTON, re-examined: Swore that the prisoner BROWN was the man
who the desk on the ground. It was usually kept in the parlour. Mr TEBBUTT
picked it up in the passage. She still had not the least doubt that the
prisoners before the Court were the men.
This being the whole of the evidence.
Mr. BRODRIBB, on behalf of the prisoners, said he would reserve his defence.
Both prisoners were fully committed. Bail refused.
Patrick MOREN, appeared upon remand, upon a charge of stealing a mare.
A. HODGKINS said he had seen the mare in the yard, it was the property
of a man of the name of CURREN; he had seen it in his possession; on Sunday
night week he saw here in the possession of a man he knew by sight, who
jumped off her to get a light for his pipe. He had never seen the defendant
Constable CAMPBELL said he had enquired about the man alluded to by the
last witness, but could not find him; he was told that he had left his
employer about a week since, he had gone to the diggings.
There being no other evidence,
The Bench discharged the defendant, and told him that he left the Court
free from any stain upon his character.
John CANNON, charged with obstructing a constable in the execution of
C. HARDY said about 2 o'clock on Sunday morning he and another constable
had two men in custody, when the prisoner made a desperate attempt to
rescue them; he several times forced himself between the constable and
the prisoner, and followed them to the lock-up, abusing them all the way.
At one time he tucked up his sleeves and defied the whole force to take
him into custody, and made such a noise that nearly the whole of the inhabitants
of Perry-street came out in their night clothes t see what was the matter.
He likewise endeavoured to prevail upon four men to rescue the prisoners
they had in charge. He followed them to the lock-up, where he took him
Prisoner's excuse was that he was drunk.
Fined 20s or 48 hours imprisonment.
TRAMWAY TO MUDGEE
To the Worshipful the Mayor - We the undersigned residents of the town
and district of Mudgee request that you will convene a public meeting
for the purpose or petitioning the Legislative Assembly in favour of the
Government proposition to connect Mudgee by means of a tramway with the
G H COX, J.P.
E MARLAY, J.P.
W R BLACKMAN
G WARBURTON, P.M.
J C WILLIAMS
T H SINDEN
J D BRODRIBB
R LOWE, J.P.
J W ALLPASS
S H BARNES
C S DEACON
T CADELL J.P.
A B COX
S A BLACKMAN
J F SINNER
L O D JAMES
H R REUBENS
F B GULLEY
J W FOREMAN
R B HASKEW
R R HUGHSON
23rd November 1861
Whereas a Dark Iron-Grey MARE branded 2 on near shoulder, was Lost Stolen
from Spicer's Diggings, on the 28th October last. If strayed, £4
reward will be paid to any person bringing the same to Mr. WHALING, Spicer's
Diggings; or if stolen, £10 will be paid for information leading
to the conviction of the thief or thieves.
Thomas GRIBBLE, Spicer's Diggings.
Having in my possession a Black PONY, branded JD (originally branded JJ
off shoulder, 5 near shoulder, star in forehead, near hind fetlock white,
which I believe to be my property, any person showing a better claim to
him can have the same by paying expenses.
William CATLIN, Burrundulla.
Stolen or strayed from Mr A McGREGOR's run, Merigal, a Jet Black HORSE,
with a snilt over the nose, branded WLL on the near shoulder and WLL on
the off neck; left in hobbles, also a bell on the neck. The above reward
will be paid to any person who will give such information as will lead
to the recovery of the horse. The horse formerly was the property of Mr
HULL, Bathurst. Apply to
Mr W RODNEY, Marthaguy Creek.
Friday November 22nd
Before the Police Magistrate, his Worship the Mayor, T CADDELL, and R
Peter O'NEAL, charged with being drunk in Market-street, was discharged,
he having been in the lock-up forty eight hours.
James BROWN, was charged with stealing a knife and other articles.
C. HARDY, Chief Constable, said he took the prisoner in charge on Tuesday.
On searching his premises he discovered a knife, handkerchief, and other
articles, part of which were claimed by Mr. BLACKMAN.
W R BLACKMAN said, he went with the chief constable to search a room rented
by the prisoner. Amongst some articles found he recognized a knife as
his property, for which he had given 35s in Sydney; there was likewise
a handkerchief belonging to Mrs. BLACKMAN, it was marked with her name
and No. 5-60.
The prisoner, denied having stolen the articles, and appealed to Mr. BLACKMAN
for a character, who said he was a hard working man when sober, but that
as soon as he got any money he would spend it in drink.
The Bench sentenced him to three months' imprisonment.
Sarah HUNT was charged with being illegally on the premises of the Denison
C HARDY said between 2 and 3 o'clock on Wednesday morning, he took the
prisoner into custody, for being illegally on Mr. SHARP's premises, and
for breaking a window.
Mr. SHARP said he found the prisoner in his hostler's room; the hostler
said that she came in on her own account.
Cross-examined by Mr. BRODRIBB. Believed she was there for an immoral
purpose and not a felonious one.
Discharged with a caution.
Eliza SHERLEY, charged with a similar offence, was likewise discharged.
James SHEAHAN, was charged with being drunk in Market-street.
Defendant admitted the charge and said that he came in yesterday with
Dr. Ramsay for the purpose of reporting a robbery. He had been in the
bush the last year or two without tasting spirits. On reaching Mudgee
he had a glass which, in consequence of having so much on his mind, took
effect sooner that it otherwise would have done.
27 November 1861
COURT OF APPEAL AGAINST THE MUNICIPAL ASSESSMENTS
Present the Police Magistrate, E MARLAY and N P BAYLY, Esqrs.
Mr. TEBBUTT, Town Clerk, attended for the purpose of watching the cases
on behalf of the Corporation.
There were only fourteen cases. The following was the result:-
620. John WESTLEY, for a house in Perry-street; assessed at the yearly
value of £30, rate 30s. Dismissed.
621. Ditto, ditto, ditto.
454. J. GARDOLL, house in Lawson-street; assessed at the yearly value
of £20, rate £1. Reduced to 15s.
327,328, 329. R R HUGHSON, for three allotments of land in Horatio-street,
assessed at the yearly value of £4 each, rate 4s each. Reduced to
414. R R HUGHSON, for an allotment of land in Nicholson-street, assessed
at the yearly value of £4, rate 4s. Reduced to 2s.
W. CAPLIN for a house in Church-street. Adjourned till Friday.
303, 304, 305. E FOLEY, for a house in Denison-street, assessed at the
yearly value of £15, rate 15s. Another in the same street, assessed
at £8, rate 8s. Another in the same street, assessed at £8,
rate 8s. Dismissed.
715. J WESTLEY , for land in Cox-street, assessed at the yearly value
of £8, rate 8s. Reduced to 5s.
716. J WESTLEY, for land in Cox-street, assessed at the yearly value of
£6, rate 6s. Dismissed.
832. W RAMSAY, for a house in Cox-street, assessed at the yearly value
of £70, rate £3 10s. Reduced to £2 10s.
Friday November 23
Thomas FARLEY was charged with stealing harness.
C. HARDY said he apprehended the prisoner in Lawson-street from a description
he had seen of him in the Crime Report, charging him with stealing a quantity
of harness. He admitted he was the person described, and that he had bought
the harness from two Chinamen.
Remanded to Windeyer. Bail allowed.
Jane GRADY, was fined 10s for rescuing a goat from Mrs. SCOTT as she
was driving it to the pound.
Fred DEVLIN charged with assaulting Tong, a Chinaman, did not appear
in consequence of an informality in the summons. A fresh one was granted.
Teeong, a Chinaman, for assault.
Mr. BRODRIBB for complainant. Mr JAMES for defendant.
Thos. ISBESTER said, on the 18th instant he was in the act of letting
down a slip rail for the purpose of turning his bullock out of his yard,
when defendant came behind him and struck him on the back of his head
with a rail, which knocked him down.
Cross-examined by Mr. JAMES: The stock yard was his own; he never used
it, having another on a different part of his farm. He did not strike
defendant - he was afraid of him. He asked defendant what business he
had to drive his (complainant's bullock out of his wheat; defendant replied
that he drove them out and put them into the yard for the purpose of impounding
them. Did not strike or push him down.
D. LAWSON said he was partner to complainant; their farm joined the Chinaman's;
there was no fence between them; after the assault was committed, ISBESTER
knocked the Chinaman down.
Harriet LEARS said she was living with the Chinaman; about two o'clock
in the morning ISBESTER's bullocks got into the Chinaman's wheat; he drove
them out, and put them into the yard for the purpose of taking them to
the pound in the morning; about seven o'clock she was awoke by hearing
the Chinaman screaming and calling out for assistance; she ran out and
found Teeong on the ground and ISBESTER standing over him. Heard ISBESTER
say "I will prevent you telling of me killing another beast",
she assisted to pull the Chinaman up. ISBESTER then called Jack to help
him to drive the bullocks out of the yard, so as to prevent them being
sent to the pound. The bullocks were in TEEONG's wheat; the yard in which
they were placed did not belong to ISBESTER.
The Bench said that the case was not so serious as the complainant had
made it appear to be, and his own witness had contradicted him. The Chinaman
had no right to take the law into his won hands, and fined him 20s.
Tuesday November 26
Before the Police Magistrate, his Worship the Mayor, and E MARLAY, Esq.
Bridget CLARK, a deplorable looking character, charged with being drunk,
pleaded forgiveness on the usual grounds that she had a poor little family
who could not do without her.
Discharged with a caution.
Cornelius SULLIVAN, brought up for protection.
Defendant said he had been a patient in the hospital, but had left without
being discharged, and was taken into custody, for not having a home to
go to. His eyes were not well and he would like to return to the hospital.
Silas WINTERS, summoned for wages.
The complainant not appearing, the case was dismissed.
W C WESTON for libel.
Mr. BRODRIBB for plaintiff. Mr. JAMES for defendant.
Mr. JAMES raised two objections to the information, which having been
Mr BRODRIBB called
Wilson RAMSAY, who said that he was duly qualified surgeon. He produced
a copy of the 'Western Post' newspaper, which he had purchased from that
office on the morning of the 13th instant. It contained a letter signed
W C WESTON, addressed to TCD, alias Long Chon, &c. He (Dr. RAMSAY)
had been in the habit of writing letters to the 'Western Post' under the
nom de guerre of TCD. He had not the least doubt that the letter signed
W C WESTON was addressed to him, and would swear that he was the person
alluded to in it.
William HOWARTH said he was editor of the 'Western Post'. The letter in
question was inserted in every copy of that paper issued on the 13th instant;
he produced the original letter, which he had received by post from Rylstone;
he could not swear to the signature, he never having seen Dr. WESTON write.
W W ARMSTRONG, of Rylstone, said he was acquainted with the hand writing
of defendant; the letter before the Court he believed was in the hand
writing of Mr. WESTON he had not doubt on the matter. He considered that
Dr. RAMSAY was the person referred to as TCD and Long Chon.
Cross-examined by Mr. JAMES: The reason he knew Dr. RAMSAY to be the person
referred to was, that he had heard from Dr. RAMSAY indirectly that he
had written letters bearing those signatures; he had heard of previous
letters signed TCD. Dr. RAMSAY had remarked in his hearing, that the letter
referred to him. Dr. RAMSAY was a friend of his.
Mr. N P BAYLY, J.P., said the had read the letter in the 'Western Post'
and believed that it referred to Dr. RAMSAY.
Cross-examined by Mr. JAMES. He founded his opinion upon a conversation
he had with Dr. WESTON, who had called at his house, and expressed his
indignation at two letters Dr. RAMSAY had written reflecting upon his
character; Mr. WESTON said he had made up his mind to go to Mudgee and
give Dr. RAMSAY a good horsewhipping; he (Mr BAYLY) told him he fully
deserved it, as Dr. RAMSAY's letters were uncharitable and unwarrantable
in every sense of the word, to use the mildest construction, but recommended
Dr. WESTON not to take the law into his own hands, as he had good grounds
for an action.
Mr. HARDWICK, J.P., was called to give evidence, and complained of being
unnecessarily brought all the way from Rylstone in a case he knew no more
about it than his neighbours. He certainly had read the letter in the
Mr. BRODRIBB having briefly addressed the Court,
Mr. JAMES said he was satisfied to leave his case in their Worships' hands.
The Bench said their only course was to commit the defendant, the case
would be submitted to the Attorney General, it was not for them to say
whether he would find a true bill or not.
N P BAYLY, J.P., took his seat on the Bench.
Samuel SORBY, brought up for cutting and wounding.
Constable MOREN said the prisoner was given into his custody on Sunday
night, for stabbing his wife with a pocket knife, with the intention of
doing her some bodily harm. It occurred at Mount Frome. Upon searching
prisoner he found a pocket knife.
Margaret SORBY said the prisoner was her husband; about 7 o'clock on the
evening in question he knocked her down, and held her on the floor, when
she got up he asked her for a piper, and she was in the act of reaching
one for him, he came behind her and stabbed her in the neck; she believed
that he would have killed her had not two persons come up at the time;
the whole of her dress was covered with blood; half an hour after the
occurrence, she went to Dr. KING, who dressed the wound. She had not quarreled
with her husband or given him the least provocation; he was not quite
Dr. KING said he had examined the wound; it was a punctured wound of a
muscle of the neck; he did not probe it; it was, however, deep, from the
quantity of blood which had flowed; the knife before the Court was likely
to produce such a wound.
The case was remanded until Friday, in order to obtain the evidence of
the two parties who had witnessed the assault.
On the 13th instant, at Crooked Corner, Cudgegong River, the wife of Mr.
Thomas NEVELL, of a daughter.
30 November 1861
The above reward will be paid by the undersigned on the conviction of
the person or persons who, in the month of June last, defaced the brands
of four head of his cattle, taken out a lot of fat cattle belonging to
George BLOODSWORTH, of the Merri Merri; a further reward of fifty pounds
will be paid on the conviction of any person defacing the brand on his
J W LOWE, Wilbertree, November 16
Came back to Mr FITZGERALD's farm, Daby, a Bay HORSE, aged, branded with
Mr. Fitzgerald's brands FF conjoined on near shoulder, RF on off shoulder,
small white spot on forehead, off fore foot white, two hind feet white.
From the brands on him, and the circumstance of him trying to get into
the paddock where the horses were and still are running, branded in the
same way, and no other visible brand being on him, I believe him to be
the property of Robert FITZGERALD, Esq. Any one having and proving a better
claim to him can have him by applying to
JAMES CAITHNESS, Overseer, Mr. FITZGERALD's Farm, Daby.
Friday, November 29th
Before the Police Magistrate
Samuel SORBY, remanded upon a charge of stabbing and wounding, was brought
up for re-examination.
Joseph KERMOND said he was in the employ of Mr. BLACKMAN. On Sunday evening
he was on his way to Lawson's Creek, when he stopped an hour or so at
prisoner's house; they afterwards went to the public house and had a glass;
he left for a short time; prisoner must have stayed at the public house
two hours. During the evening he called again at prisoner's house, and
found him fighting his wife; having parted them, they all went inside;
prisoner took out his knife and asked his wife for a piper. She went into
the corner to get one when the prisoner followed and struck her about
the head; he shortly after saw blood on her clothes; she said she was
stabbed and ran to Mudgee. He told prisoner that he had stabbed his wife,
which he denied.
The prisoner declined saying anything, and was committed to take his trial
at the next Quarter Sessions.
ALLEGED MURDER OF AN ABORIGINAL
An inquest was held on Wednesday at the Plough Inn, Guntawang, before
W KING, Esq., M.D., coroner, on view of the body of John DUNDAR (as aboriginal),
supposed to have been murdered, by a man of the name of Thomas BLACK,
who was in custody.
Hugh CAMPBELL, constable, belonging to the Mudgee police force, said,
from information he had received, he went to Guntawang on Monday, and
apprehended the prisoner on suspicion of having murdered a blackfellow;
he gave the usual caution; prisoner said that he knew nothing at all about
Tommy PENNY stated that a little before sundown they came up from the
wash pen. Tommy was throwing sticks and tin kettles at one of the girls
in the camp, as soon as he came up, the prisoner and deceased began to
fight on account of "Johnny" saying, "what you interfere
with my little girl". Prisoner began to tear Jacky's shirt off; they
fought two rounds; deceased was on the ground when his shirt was being
torn. He (witness) hit prisoner, and asked him what he was fighting for,
and took deceased on his lap; he did not speak, and died almost immediately.
Would swear that Johnny was thrown by the prisoner. Jacky had been at
work all day. He was drunk, but was able to walk. Prisoner was neither
sober or drunk. The little girl was deceased's wife. He (witness) was
sober; he had three or four glasses of grog during the day.
Henry GUMMER said he was taking his tea about sundown, when his little
boy came in and said a blackfellow was beating a white man. Soon after,
Tommy came and said, "Jacky is dead". He went with Mr. GOLDSMITH
to the camp, who told them not to bury the body. His hut was about sixty
yards from the camp. He saw as he was standing at his door, a man, but
could not say it was prisoner. When he went with Mr. GOLDSMITH, there
was no one but the aborigines. White men frequently visited the blacks'
Mary Ann GUMMER, wife of the previous witness, confirmed her husband's
evidence, adding that she was almost certain that the prisoner was the
man who was fighting the blackfellow, there were no other Europeans near
Arthur Thomas PIGGOTT CUTTING, said he had viewed the body and was of
opinion that deceased came to his death by concussion of the brain attended
by extravasation of blood.
The jury returned a verdict that "John DUNDAR came to his death by
injuries received in a scuffle with the prisoner, Thomas BLACK, at Guntawang,
on the 26th November".
The coroner committed the prisoner to Bathurst to take his trial for manslaughter.