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The "Western Post" Newspaper, January 1861
Advertisers in issue of Western Post, Saturday, January 5, 1861 (Vol.
2, No. 52) Price sixpence
Bank of New South Wales, Mudgee, established 1817, Mudgee branch directors
George ROUSE, Esq., George H COX, Esq.
Jacob JULIAN, Gardeners' Arms Hotel, Market Lane, Mudgee
HUGHSON's Commercial and Family Hotel, Cnr. Market and Lewis Streets,
John Smith, Carriers' Arms Mudgee, van from Mudgee to Sydney every second
Monday from the 1st of the New Year.
S H BARNES, Mudgee Drug Store (including a bolded "Fine Healthy Leeches"!)
Mudgee Mechanics Institute
J F SKINNER, Manager, Australian Joint Stock Bank
R CROSSING, purchaser of fat cattle, hides, skins and all kinds of colonial
produce. Also well assorted stock of drapery, grocery, wines and spirits
at the Settlers' General Store, Mortimer Street, near the Mudgee Brewery.
Thos. CHAPPELL, New Steam Flour and Saw Mills (closed for repairs).
John BARRY, Auctioneer, agent for Mr. John DOREY's superior oaten hay
R FORBES, 78 King-Street, Sydney - stock and station agent
Mudgee Emporium - cash purchasers of colonial produce.
J Dudden BRODRIBB, Market Square, Mudgee, money lent.
Mr. JAMES, solicitor, removal of office to south side of Market-square,
next to SMITH's Carriers' Arms Inn.
A RODGERS, drapery and clothing, Mudgee
J T WOODS, Mudgee Emporium - wind up of estate of Messrs TEBBUTT and GULLEY
- sale commences on Monday, 5th instant and will be continued till February
11th, 1861 with remaining portion disposed by auction or privately.
Arthur WILLMOTT & COMPY, Union Stores. Sale of drapery, grocery, ironmongery,
glass & earthenware, &c. at cost price. Business closing.
Western Post General Printing Office, Market Square, Mudgee.
John KNOX, Saddle and Harness Manufacturer, Market Street West, Mudgee
The BUCKINGHAM Family, arriving shortly for a series of Popular Entertainments
- Their Band is Seven in number.
Mr. SHARP's singing class.
John MOLONEY, Dungaree, retraction of statements at Mudgee Race Course
reflecting upon Mr. T E MILLS of Royal Hotel, Mudgee (Witness Edward CLARKE).
R CROSSING, Mortimer-street, Mudgee, Messrs DICKSON and BURROWS, Mudgee
and Mr. BROMLEY, Burrundulla - sell single copies of Western Post.
Samuel BRIMMER looking for information on Henry BRIMMER, blacksmith.*
Mr. Jesse ELSTON, butcher, corner Mortimer and Church Streets.
George TAYLOR, Secretary, Mudgee Hospital, notice of annual meeting.
Mrs HOWARTH, educator.
Mr F LAST, Surgeon Dentist, commencement of practice at his residence,
No. 274 Castlereagh-street, opposite Holt & Angus, carriage builders,
near Park-street, Sydney.
BUTLER Brothers & WHITEHOUSE, Wholesale Saddlers, Harness-makers and
Saddlers' Ironmonger, Wallsall, England; and Pitt Street, Sydney, next
to the Metropolitan Hotel.
W J BRACKENBURY, Secretary, Association for the Suppression of Cattle
Stealing, advising of rewards available. Office, 227 George Street, Sydney,
October 1st, 1860.
J & E ROW - ROW's Embrocation (for horses)
W ENEVER, 516 George-street, Sydney, exactly opposite Police-office gate.
American Waggons, &c.
HALLEY and CLYDE, opposite the Cathedral, No. 570 George-street, Sydney.
Christopher COOPER, Saddler and Harness Maker, 527 George-street, Brickfield-hill
(previously of Maitland, removed to Sydney).
D PERCY and CO, Elizabeth Street North, near Hunter Street, Sydney - Dr.
Percy & Co's Cordial Balm of Circassia and Regulating Pills.
William WILSON - notice of sale of horses to Mr. Joseph LAUNT and copies
of police reports regarding false imprisonment of LAUNT *.
Henry TEBBUTT, Town Clerk, notice of meeting, Municipality of Mudgee.
Henry TEBBUTT, Town Clerk, call for tenders for stumping and clearing
in Short, Gladstone, Denison, Lawson, Lewis, Church, Perry, Douro, Court
and Cox Streets.
Rich. R HUGHSON, Mayor, notice of meeting for new court-house, Mudgee.
Juvenile Fete - for tickets apply to Mr. ALLPASS, Mr. TAYLOR, Mr. CRONAN,
Mr. COCHRANE, G H COX Esq.
Australasian Wesleyan Missionary Society - Mudgee Circuit Branch. Services
and meeting dates
Telegraph Line Royal Mail Coaches, commence running from January 1st 1861
between Mudgee and Parramatta, Hartley, Bathurst, Sofala and Orange. Passengers
Mr. S BROMLEY, Burrundulla, agent for The Australian Magazine
Henry DARE, Mudgee Steam Mills
Samuel HILL, notice of purchase of baking business of George HILL*
J T WOODS, Manager, request for payment of accounts owed to TEBUTT and
GULLEY (Frederick Burgess GULLEY).
J King LETHBRIDGE, Dunhevid, Penrith, agistment for stock.
R R RANDOLPH, Commission Agent and Broker, 60 New Pitt-street, near the
Waiter wanted, HEARD's, Mudgee Hotel.
Alexander M'GREGOR, Merigal, Castlereagh, notice of strayed or stolen
Wm. LEWIS, Esq., Green Swamp, notice of stolen or strayed horse.
A. Stanger LEATHES, Resident Secretary, Fire and Life Insurance Company,
Wynyard-square, Sydney, advert for insurance.
Robert THOMSON, Actuary and Secretary, Australian Mutual Provident Society,
Hunter-street, advert for assurance.
W G SPRIGG & CO., Wynyard-square, Sydney, agents for Waterloo Life
Edward CHAPMAN & Co., 90 and 92 Clarence-street, near Barrack-street,
Sydney - wines, spirits, beers, groceries, ironmongery, saddlery, boots
and shoes, drapery, bags, earthenware &c.
George WALKER, auctioneer. Notice of public auction or Royal George Inn,
Merrendee, with furniture, bar fittings, &c., under instruction from
Mr. Richard FARRAR.
George WALKER, auctioneer. Notice of public auction of Bundoberong &
Bobbera Runs, Marthaguy Creek, District of Bligh, (of late Mr. Richard
George WALKER, auctioneer. Notice of auction of farm on Menah Flat ( of
Mr. James HAVES).
Mr A COX, auctioneer. Notice of public auction of Mr. W READFORD's six
well-bred horses, lately running the mail.
Mr John BARRY, auctioneer. Notice of public auction of 30 horses.
DICKSON and BURROWS. Notice of new premises with the following departments:
general drapery; dress; fancy room; wedding outfits; milliners' trimmings;
mourning; hosiery; men's clothing; boot and shoe; grocery; ironmongery;
crockery and glass; cellars; timber and building materials; furniture;
tools and materials for carpenters, blacksmiths, wheelwrights and shoemakers;
cooperage; produce yard.
I HEREBY retract the expressions used by me upon the Mudgee Race Course,
at the Christmas Races, reflecting upon the character of Mr. T E MILLS,
of the Royal Hotel, Mudgee, and express my regret at having in an unguarded
moment given utterance thereto.
JOHN MOLONY, Dungaree
Witness: Edward CLARKE
Henry BRIMMER wanted
THE UNDERSIGNED will feel much obliged to any person who can give information
respecting HENRY BRIMMER, blacksmith, formerly of Mudgee, and since of
Molong and Bathurst.
(Better known as Samuel FOWLER),
Court Street, Mudgee
MUDGEE DISTRICT COURT
Wednesday, January 2, 1861
H DEAN v. P SULLIVAN
TEMPLETON for plaintiff.
This was an action for the recovery of £39, being the amount of
a promissory note drawn in favour of W WILTON, and endorsed to the plaintiff.
W WILTON swore to the handwriting of defendant. He had paid the bill away
in the course of business, which was dishonoured.
The defendant not appearing, a verdict was given for the amount.
John HEALY v. BLOODSWORTH. Settled out of Court.
FAIRFAX and Son v. E BAYLY
This was an action for £13. The plaintiffs not knowing a Mudgee
attorney addressed a letter to the Registrar of the Court expressing a
wish hat the case might be transferred to Parramatta in consequence of
the inconvenience it would occasion to send their books and clerks to
His Honor refused the application, and the plaintiffs not appearing were
REUBENS v. Catherine ROBINSON
TEMPLETON for plaintiff.
This was an action to recover the sum of £75 0s 11d being a balance
due for store goods.
Mr. REUBENS having been sworn, said that defendant admitted the debt,
and had promised to give a 3 months' bill for the amount which he considered
too long a time. Verdict that the amount, less £4 19s be paid forthwith.
TINDALL v TAILBY
TEMPLETON for plaintiff.
This was an action for £25, the amount of a promissory note for
money advanced for payment of expenses incurred by PHILLOTT.
E CLARKE proved the production of the bill as having been brought forward
as evidence in a former action for payment of wages by TAILBY against
PHILLOT, the defendant being in Court at the time. He has since said he
had not, and never would pay the amount. No defence being set up, a verdict
was given for the plaintiff.
James CATLIN v. DICKSON and BURROWS
This was an action for £32 10s for carriage of goods.
James CATLIN, farmer, of Burrundulla, on oath, said he saw Mr. BURROWS
on his road to Sydney, when he ordered him to leave his dray at HAYDON
and Co.'s for loading at 13s. per cwt. He took his dray and obtained the
loading, consisting of cases weighing, to the best of his judgement, about
45cwt, for which he signed the way bill.
Cross examined by TEMPLETON: The dray loaded with DICKSON's goods was
not his own, it belonged to a man of the name of PAULDING, who had sent
it to Sydney in charge of a man of the name of MILLS, who broke his leg
and gave him charge of the dray with the understanding that he was to
receive half the amount paid for the carriage.
J GREENLAND, hired by the last witness to drive the team, saw BURROWS
at HAYDON's and was told to be careful with the old tom cases. They had
an accident on the road, which detained them. He was left in change, when
Tom MILLS and PAULDING came and stole the goods from him. He followed
them to Mudgee. PAULDING delivered the goods to DICKSON. He heard MILLS
say that he was to fetch a load of goods, and was to have halves.
H BURROWS deposed - In October he employed PAULDING in Mudgee to carry
the goods, which CATLIN now put in a claim form. On his way to Sydney
he overtook PAULDING's dray. In Sydney CATLIN told him he had loaded his
own dray. He (Mr. BURROWS) had a full load put upon PAULDING's dray, and
on returning to Mudgee heard that an accident had happened. PAULDING went
out to see the cause, and afterwards delivered two-thirds of the goods.
He did not object to pay the full amount of the loading. His difficulty
was, who was entitled to receive it, he having employed PAULDING, who
demanded the amount, and CATLIN, who had, it appeared, taken charge of
the dray through the accident, and who had delivered a small portion of
James PAULDING, on oath, stated he agreed to fetch some goods, and stated
a dray to Sydney; on its way the driver broke his leg. CATLIN who was
in company with the dray took charge of it. He received word from CATLIN
that an accident had happened, and that he could not bring on the dray;
he started to Cherry Tree Hill, where he found the goods on the ground.
Thomas MILLS, the driver, said he was sent with the team to Sydney for
loading for DICKSON and BURROWS. He called at Mr. BAYLY's for a load of
wool, where he met with an accident which prevented him from going on.
He told CATLIN if he would take charge of the dray PAULDING would no doubt
pay him his "regulars". He was not drunk when the accident happened.
It was impossible "the pole of his dray being the wrong way".
His Honor suggested that the case should be settled by arbitration, which
defendants were willing to accede to. It was, however, eventually left
to his Honor's decision, who said Messrs. DICKSON and BURROWS had acted
as he should have done. He would give the plaintiff a verdict for £29
5s, with the understanding that he should pay the owner of the tam his
fair proportion of the money.
Mr. TEMPLETON gave notice that he should move for a new trial.
Thursday January 3, 1861
James MILLER v. Stephen TUCKER
JAMES for plaintiff. Templeton for defendant. This was an action for the
sum of £200, being a balance of £500 due for work done and
James MILLER (whose examination lasted several hours) said that early
in 1859, when working at the bank at Windeyer he entered into an agreement
with TUCKER to fit up a store, shingle and weatherboard a woolshed, finish
a kitchen, and perform sundry other carpenters' work on defendant's premises
at Long Creek. During the whole period of his engagement he was constantly
called away from work to attend to other matters. He buried a lady, made
several tables, window sashes, a meat safe, &c. Part of the amount
claimed was for the use of his team. After proving the quantity of work
done, which he swore was done at a reasonable rate and in a workmanlike
manner, MILLER underwent a long examination respecting TUCKER's account
against him for goods supplied and money advanced, many of the articles
he disputed; one of which was a "hollow"; upon the Judge inquiring
the kind of article and its use, Mr. JUPP facetiously explained from the
body of the Court that it meant a "shout", which explanation
equally perplexed his Honor.
W. CASTLES, brother-in-law to MILLER, swore to the completion of the work
as per agreement.
Mary J MILLER said she had the management of all her husband's money matters.
She wrote out orders for all sums that were drawn; the reason she did
this was on account of MILLER getting so often on the "spree",
and to put a stop to it she requested that no more money should be advanced
without her written order. Her husband could obtain goods from the store
without an order or her knowledge. She kept a book in which everything
was entered. This witness likewise went through the store account objecting
to a number of articles and likewise to the price charged.
For the defence, -
Mr. TEBBUTT, architect, &c., said that at the request of Mr. TUCKER
he examined the work MILLER had done, which was very defective. He considered
that the building was not put up in accordance with the contract, and
that it would fall done if something was not done to it. He did not hesitate
to say that it was the worst finished building he had seen, and that it
would cost about £50 to make it safe.
Fred BENNETT, a carpenter, swore to the value of the work. He was requested
by Mr. TUCKER to examine the fittings up. MILLER at first objected, but
at last consented, and assisted to measure it. His conclusion was that
£36 12s. was a fair price for the work not contracted for, which
was £38 less than the amount charged by MILLER. He considered himself
a good workman, and would have been glad to have done the work for the
sum he had valued it at.
Mr. S TUCKER gave evidence concerning the contract entered into between
himself and MILLER, which he considered MILLER had not completed. The
walls of the woolshed had separated. Many of the slabs did not reach the
wall plate, and it would cost £60 to complete the work. Mr. TUCKER
swore to the reasonable of the price charged for the goods disputed, &c.
James BURNES, the storekeeper, and Mrs TUCKER both gave evidence in a
most businesslike manner at to the delivery of the goods.
His Honor then took great care in summing up; after explaining the law
and lucidly pointing out the different points which required attention,
the jury retired.
A second case between the same parties was then called on, and proceeded
some length, when the jury in the former case, who had been locked up
four hours, sent word that they could not understand the accounts. It
was eventually agreed that both cases should be put into Alderman M'CANLEY's
hands for arbitration; the award to be given in six weeks.
The Court adjourned to this day.
Tuesday, January 1
Before M H LYONS, J.P.
John WRIGHT, of Redbank, was charged with being drunk.
Constable CAMPBELL said when he took Wright into custody he had in his
possession a horse which did not belong to him, and which he sent up the
pound. WRIGHT was so drunk at the time that he fell off the horse.
Fined 5s with a caution. The horse has been claimed by W ANDERSON.
Friday, January 4
Before the Police Magistrate
Michael CONOLLY v. Patrick CONOLLY for breach of the Impounding Act.
Settled out of Court.
Sarah KENNEDY v. James KENNEDY, Assault. No prosecution.
George WARD, charged with using threatening language towards his wife
and a Mrs PRESTON whilst in a state of delirium; having been several times
lately before the Bench on similar charges was ordered to find sureties
to be of good behaviour for twelve months, or in default to be imprisoned
On Christmas Day, about 9 o'clock in the morning, as John COOTE and Elijah
and Benjamin COCKSHEAD, carriers of Morpeth, were proceeding on their
way down the country, and when they were six or seven miles on the Cassilis
side from Merriwa, they were suddenly attacked by three men, two of whom
were armed with revolvers. The amount taken in cheques and bank notes
was £71 15s 4d., together with a receipt of £44 of one of
the Maitland Banks, drawn in favour of one of the persons robbed. The
drawer of the cheques has been written to in order to stop payment.
Although the occurrence took place so early in the day, and although it
is understood the men made all haste to give information to the police
at Merriwa, it was late before intelligence reached the police at Cassilis.
Again, great apathy an indifference was displayed by the chief constable
here in not using every exertion to hasten the departure of the police
in search. Had it not been at the repeated request of constable KNIGHT
(an active and meritorious officer) to receive instructions to get off
in pursuit, it is probable that after a few verbose speeches from the
chief all pursuit would have "ended in smoke". It is reported
that SCOTT, the constable from Merriwa, go so drunk that it was impossible
for him to do his duty, the truth of which it is the office of the Cassilis
chief to inquire into. However, as SCOTT may feel inclined to apply the
quoque argument, it is probable that the chief has already come to the
conclusion to "let sleeping dogs lie". It is to be regretted
that wherever the fault may lie, the robbers in the meantime have made
their escape without affording the smallest chance for their apprehension.
Bunble, May 4th, 1860
Sold this day to Mr. Joseph LAUNT, the brands of all my horses WN under
the saddle near side, JK on near shoulder, TS near shoulder, JJ near shoulder,
JB near shoulder, IC shoulder, WB near shoulder, NK (conjoined), with
the exception of the quiet horses, which can be got in one month from
this date, for the sum of four hundred pounds (£400), to paid as
follows, - (£100) one hundred pounds down, (£100) one hundred
pounds to be paid in twelve months, (£100) one hundred pounds to
be paid in eighteen months, and (£100) one hundred pounds in two
years' time from this date.
Extra brand FF
(Signed) William WILSON
Witness R L MILLS
Police Office, Coonabarabran
Wednesday, November 14th, 1860
Present: David WATT, Esq., J.P.,; Edward PARSONS, Esq., J.P.
"Joseph LAUNT", of Teridgeree, stands charged with horse-stealing.
Pleads not guilty.
Defendant and prosecutor
"William WILSON", grazier, of Weetalabah, being sworn, deposes
- I sold about the 3rd or 4th of May last, a lot of horses to Joseph LAUNT,
branded WN WN under the saddle near-side and several other brands besides,
according to a written agreement; they were wild horses that I could not
yard. I sold them in consequence of not being able to yard them. I made
a distinction at the time of selling these horses in the brands between
the quiet and wild horses WN on the shoulder near side. I was to have
a months from the day of sale to remove the "quiet horses".
By the Bench.
The mare now produced is one of my quiet saddle horses; I am positive
the mare now produced was not included among those sold; I have no copy
of the agreement or bill of sale: The brand WN under the saddle was excluded
from the agreement only verbally, not in writing; I believe the mare was
sold, and now in possession of Martin DALY.
Do you recollect of selling me the horses? - Yes I do; I intended removing
the horses to Port Essington; Did I request you to re-brand the horses?
No, nothing of the sort.;
I never promised to leave any horses with you excepting those in the agreement;
I have seen Richard MILLS since I sold the horses, being the party who
wrote out the bill of sale; I told you that I would not go after the wild
horses sold to you after the time was expired mentioned in the agreement
; I never made any proposition to "MILLS" to give nine horses
if he would appear against you to prosecute ;
I saw the mare produced first at Coonabarabran since last in my possession
about the 7th of June last at Torowandi. On the 31st October last was
the day I allude to as having seen the mare at Coonabarabran.
(Signed) William WILSON
"Richard MILLS" of Mudgee, being sworn, saith (in reply to "William
WILSON) I did draw up an agreement between "Joseph LAUNT" and
you about the sale of horses on or about the 3rd or 4th of May last.
I recollect the WN brand and four or five others included in the agreement;
I do remember there was a distinction made between the quiet and wild
horses, "LAUNT" giving you one month to gather and take away
the quiet ones; My opinion is that after the expiration of one month all
the quiet horses were to be removed by you - after that time all other
horses to become the property of "Joseph LAUNT"; you promised
me six horses if things went right.
I thought he meant by "things going right" that I was to have
six horses for nothing; I think Mr. WILSON said he intended to remove
the horses after the end of the month to "Mauger Mellon".
Cross examined by prisoner
WILSON promised me that he would not touch a horse after the end of the
month allowed for the removal of the horses sold; WILSON replied he would
not touch any horses after the month, and any found were to be considered
the property of "Joseph LAUNT" after the month was out, and
which LAUNT would be at liberty to take;
I recollect "WILSON" saying to "LAUNT" he had seven
or eight "sweaters", good horses that he would leave; He stated
also that he would leave some mares that he had found "breeding"
which he had brought……….."Capiti" and not included in …; WILSON
stated that he brought some horses with him from "Capiti" and
traveled with them by night; He said they were TJ mares, Sir John JAMIESON's,
the best breed in the country; He said he would not remove one cross horse
from "Ulamambera" when he left.
WILSON's definition of a "sweater", when I asked him, was, taking
the horse of another to use or ride and save his own.
(Signed) R S MILLS
The agreement referred to was produced in Court, and the brands not being
inserted therein relative to the charge.
Judgement of the Court - Case dismissed.
I hereby certify that these depositions are faithful and true copies of
the original ones taken by me in the case of Joseph LAUNT, adjudicated
upon as exhibitated.
(Singed) Campbell J PEGUS C.P.S.
Police Office, Coonabarabran, 15th November 1860.
As I am now on my way down to Maitland to commence proceedings for false
imprisonment, the public will shortly be put in possession of all the
facts of the case, and will at once discover that, when malice is at work,
what is my case to-day, may be theirs to-morrow.
(Signed) Joseph LAUNT
31st December, 1860.
STOLEN or STRAYED
From the Green Swamp, a Bay HORSE, branded large S on near shoulder, and
small S on the right neck, RKC2 on the near shoulder.
If strayed, the sum of two pounds will be given; if stolen, ten pounds
will be given on the conviction of the thief.
Wm. LEWIS, Esq.
Notice to the Public
Begs to inform his friends and the public generally that he has purchased
the Baking Business carried on by his brother George HILL (the said purchase
to date from 1st January, 1861) and hopes by strict attention to business
to merit a continuance of their favours.
Mudgee, December 28th, 1861.
Saturday, January 12, 1861
Mudgee District Court
Saturday January 5
Before Mr. Justice DOWLING
WILLIAMS v. HONEYSETT
Notice for a new trial having been made, it was ordered to stand over
till next sessions.
LUCK v. HUME
JAMES for plaintiff. TEMPLETON for defendant.
This was an action for £37 12s 6d., amount on cartage of timber.
Defendant declined paying on account of W WILTON claiming the amount,
he having a mortgage on the teams. The contract having been entered into
with LUCK, a verdict was given for the amount claimed.
HOLBURD v. HEARD
TEMPLETON for plaintiff. JAMES for defendant.
This was an action for slander, damages laid at £200.
Mr. TEMPLETON, in opening the case, said, it was at all times his wish
to discourage as much as possible actions of this kind, and yet it was
very necessary that examples should be occasionally made, if not, no one
would be safe; however, to show that the plaintiff was not actuated by
vindictive feelings, he was at this period of the proceedings willing
to accept an apology.
Mr. HEARD, wishing the case to go on, Mr. TEMPLETON called the plaintiff,
John HOLBURD, butcher, who deposed that on 22nd November he went to HEARD's
yard for a cow belonging to Mrs. McKENNA for the purpose of putting it
into a paddock He saw the hostler, who unlocked the gate and gave him
possession of the cow - a red one. Shortly after Mr. HEARD sent for him
and told him, in the presence of a large number of people, that if he
did not return the cow he would take out a warrant against him for cattle
stealing; that he was a fine sort of fellow, he would next take the very
house from him. He had purchased a quantity of cattle from Mr BLOODSWORTH;
the one in question was a "cull", which Mrs. McKENNA had bought
for her own use. He was told by parties in the town that application had
been made for a warrant.
Mr. LYONS recollected Mr. HEARD speaking to him about a warrant against
plaintiff for cattle stealing, which he declined giving, saying that as
HEARD's man had given up the cow he had better sue for its value in the
Small Debts Court provided he could prove that it belonged to him.
Thomas KIRK was present when HEARD threatened to take out the warrant.
Had known HOLBURD a long time, and was sure he would not do such a thing
as steal a cow.
Mrs. McKENNA had purchased the cow for £2 10s from Mr. BLOODSWORTH,
who told her it was in HEARD's yard. She did not see it, but sent the
butcher for it.
Mr. JAMES declined calling any witnesses for the defence. The plaintiff
had not, and could not, suffer from the few words which were said in the
heat of the moment; in fact, he could not remember any one who had heard
the words uttered.
His Honor took a different view of the case, and regretted defendant had
not accepted the offer of an apology. As heavy damages were not sought,
he would give a verdict for £2 and costs.
This ended the business of the court.
MUDGEE COURT OF REQUESTS
Monday, January 7
Before his Worship the Mayor, the Police Magistrate, E MARLAY and M H
LYONSS, Esqrs., J.P.s.
SHUTTLEWORTH and CHARLTON v. WILLIS - For £7 0s. 3d. for goods
sold and delivered. S C DEACON swore that WILLIS had admitted the account.
WILLIS disputed the delivery of two trusses of hay, the amount of which
he put in as a set-off. A verdict was given for the sum claimed.
Wilson RAMSAY v. John ENRIGHT - £2 12s 6d for medical attendance.
Defendant not appearing an order was made for the amount.
W COLEMAN v. ROPE - Settled.
W COLEMAN v. J CORE - £1 11s 6d for work done and cash lent. Order
for amount to be paid forthwith, costs 7s 6d.
J M'CULLUM v J RAY - No appearance
TEBBUTT v. HARDY - £10, the value of a saddle, bridle and cloth
detained by the Chief Constable. Ordered to stand over.
H R REUBEN v SAUNDERSON - No appearance
McMANUS v GREEN - An action for £4, the value of a bullock. M'MANUS
on oath swore that he lent defendant a team of bullocks; after keeping
them four months he sent them back by his daughter in a state of starvation;
they had likewise numerous marks about them of ill usage. Plaintiff's
wife proved that the bullocks were fat and sound when they left their
farm; they were brought back in such a miserable state that the one in
question died the same night. Verdict £4 and costs.
A second action between the same parties for the amount of £4 15s
value of a pig sold and delivered. GREEN having paid for the pig on being
served with the summons, was ordered to pay the cost, 5s.
John DICKSON v GAWTHORN. Settled.
J DICKSON v P ROGERS for 13s. amount of goods given to ROGERS to deliver
at the diggings, which he lost. Verdict given for the amount.
RYAN v WALSH - £7 1s 9d for mowing hay. Defendant said his agreement
was to pay after he had got in his wheat, which would be about the 1st
February, when he would be prepared with the amount. RYAN disputed the
arrangement, but admitted a set off of 17s 9d. Verdict £6 4s and
RYAN v J GARRATY. For £9 4s 6d.
J HOGAN v ditto - For £9 9s 6d.
J HOGAN v WALSH - For £7 1s 9d; set off 30s. These were for amount
due for mowing, similar to the previous case. The amounts being admitted
by the defendants, orders were made for their immediate payment.
J WILLIS v D LAHENE - £3 5s 6d for blacksmith's work. £2 having
been since paid, a verdict was given for the balance and costs.
CONNOLLY v CONNALLY - £4 for a pig. Settled.
MARDEN v Wallace BAYLY - £1 2s for tailor's work done. Verdict for
the amount and costs.
Miss BARRY v J WILSON - £10 for dressmaking, &c., for defendant's
wife. Amount paid out of court.
T TARRANT v. G BURGESS - £6 6s for hay sold and delivered. The defendant
being in Sydney, an order was made for amount claimed, and costs.
MAN FOUND DEAD IN THE BUSH
On Monday, 7th instant, an inquest was held by Dr. KING, the coroner,
at Macdonald's Creek, on the body of a man unknown, found dead on the
road. On his person was a savings bank receipt bearing the name of Henry
HEIDEN, and £28 16s in money.
Wm. GARLING said he was on horseback on the previous day looking for horses,
when, smelling something extremely offensive, he examined the bush and
discovered the deceased in a decomposed state lying near the stump of
a tree. He immediately rode into Mudgee and gave information to the police.
L RUSHBY saw the day before Christmas Day a man wandering about apparently
unconscious of what he was doing. He wore a pair of dirty moleskin trousers,
was very short and stout and carried a bundle.
A T P CUTTING, medical practitioner, having examined the body declared
it was his opinion that the case of death was cerebral effusion.
This being the whole of the evidence….(unreadable)
Monday, January 7
Before the Police Magistrate and M H LYONS, Esq., J.P.
W LAWLOR was charged with stealing a pair of trousers, the property of
James MURRAY. Constable MILLER having received information that prisoner
had on a pair of trousers which he had stolen, took him into custody;
he said he bought them of a man in Mudgee.
James MURRAY, residing in a tent on the bank of the river, said he saw
the prisoner on Saturday morning near the tent. He claimed the trousers
now in Court as his property; their value was about 25s. The last time
he saw them was in his tent in the morning, and in the evening he saw
them on the prisoner, when he gave him in charge.
The prisoner was charged with a second offence, having taken from the
same tent a belt belonging to a man of the name of John DAVIS. MILLER
produced the belt, which he found in prisoner's possession.
J DAVIS, mate to witness in former case, said on going to work he left
the belt under his bed, and on returning to breakfast he found it was
A third charge was preferred for stealing a calf skin vest. MILLER proved
the finding of the vest on prisoner, who said he had changed it with a
man for one of his own.
John DUNGANE claimed it was his property; he valued it at "3 bobs"
and had "lost the run of it" on Thursday; when he was packing
up his swag he missed it, and did not come across it again till the police
spoke to him; had never changed with prisoner.
The prisoner having been asked the usual question, elected that the Bench
should decide the cases. Upon the application of the Chief Constable,
who has a charge of horse stealing to prefer against prisoner, the Bench
remanded him till Tuesday.
Tuesday, January 8
Before the Police Magistrate, E MARLAY and M H LYONS, Esqrs., J.P.'s.
W LAWLOR was put into the dock and sentenced to four months hard labour
in Bathurst gaol for the three offences of which he was found guilty on
Monday, each to commence at the termination of the previous one. At the
request of the Chief Constable prisoner was remanded a week to enable
him to prefer a case of horse stealing.
M'IVOR was charged with obtaining money under false pretences.
MacBETH, lock-up keeper, said the prisoner was given into his custody
on Saturday by one of the Hartley police, who had him in charge on a warrant
signed by Captain BROWNE in the year 1859.
Prisoner said he knew nothing about the charge; he could neither read
nor write, and had been a long time detained in prison.
The Chief Constable requested a week's remand in order to find witnesses.
The prisoner had just left Bathurst gaol, where he had been 18 months
for three distinct charges of forgery committed in Bathurst.
Johnny ICE, a Chinaman in the employ of G H COX, Esq., was charged with
destroying a quantity of wearing apparel. Annie KILSBY said she was servant
to Mrs. COX. The clothes in Court were hanging up in her room; finding
they were injured she showed them to Mrs. COX, and afterwards put them
into her box; a day or two after she found them all wet and burnt. The
Chinaman - who had charge of the house on New Year's day showed her a
little bottle containing what he called scent, with which he burnt his
finger. He afterwards told her he had destroyed her clothes.
Mr G H COX said both parties were in his employ. They occasionally quarreled.
The family were all absent on New Year's Day; on the following day the
clothes were found destroyed, evidently by an acid. He consequently took
a portion of the dress to Mr. BARNES, the chemist, who confirmed his opinion.
Mr S H BARNES had no hesitation in saying that the dress was destroyed
by nitric acid. Recollected prisoner purchasing some on the 23rd December
for the purpose, as he said, of cleaning articles in his kitchen.
Johnny upon being asked what he had to say, indignantly denied the charge,
and said it was a ruse to get rid of him; he no did it, - she, Annie,
saw him drink all stuff what was in bottle; how then could he burn dress
with it? No you need not "tink" Chinaman so big fool as to drink
what would spoil dress; me do drink poison; if it hurt girl's dress it
hut me - me drink it yet.
The Bench said that there was no doubt he had done it, but as there was
no direct evidence they were obliged to dismiss the case.
John GARBUTT was summoned at the instance of S NEWTON for an assault,
which being proved, defendant was fined £5 less costs.
Peter ROGERS not appearing to answer a complaint preferred by Nicholas
BREWER for having seriously wounded him with a pitchfork, a warrant was
issued for his apprehension.
LIST OF SUBSCRIPTIONS towards the ERECTION of the MUDGEE CATHOLIC SCHOOLHOUSE
Rev. C M M'CARTHY £10
Mr Andrew M'CAULEY £10
Mr John HEALY £10
Mr M H LYONS £5
Mr R R HUGHSON £2 2s
Mr James CHRISTIAN £1 1s
Mr James DEVOY £5
Mr Thomas FLEMING £2
Mr A COCHRANE £1
Mr Thomas KEOGH £5
Mr John SHEAHAN £1
Mrs SHEAHAN 5s
Mr John COLLLINS 5s
Mr James SHEA 10s
Mr John FINUCANE 5s
Mrs MOLONEY 5s
Mr William COLEMAN £1
Mr W R BLACKMAN £2
Mr S A BLACKMAN £3
Mr Charles FLOOD £1 1s
Mr J D BRODRIBB £2 2s
Mr D M'RAE £1 1s
Mr N LASON £1 1s
Mr George ROUSE £2 2s
Mr James CAIN £1 1s
Mr Edward CLARKE £2 2s
Mr Thomas BELL £1
Miss Helena LYNCH £1
Mr W B HUTCHINSON £1
Mr H W OLIVER £1
Mr E CHARLTON 1 1s
Mr R CROSSING £1
Mr H WILLIAMS £1 1s
Mr G HOSKINS 10s
Mr James WILSON £2 2a
Dr. RAMSAY £1 1s
Mr G MILLER £1
Mr N P BAYLY £5
Mr M LAMROCK £1 1s
Mr C LAMROCK £1 1s
Mr Henry FROST £1
Mr G H COX £1
Mr C B LOWE £1
Mr W LOWE £1
Mr George WHALE £1
Mr A M'DONALD £1
Mr W HOWARTH £1
Mr Arthur COX £1
Mr James MORRISON £1
Mr MAGUIRE £1 1s
Mr Samuel CUSSINS £1 1s
Mr W MARTIN £1
Mr John LAHY £1
Mr Michael LAHY £1
Mr J SHUTTLEWORTH £1 1s
Mr S H BARNES 10s
Mr W READFORD £1
Mr Vivian COX £1
Mr Thomas CHAPPELL 10s
Mr John MOLLOY £1
Mr W SELF 10s
Mr Thomas KNOWLES £1
Mr John DOUGLAS £1
Mr G H JOHNSTONE 10s
Mr James HAYES 10s
Mr W RANWELL 10s
Mr Michael DALY £10s
Mr Thomas SPICER £2
Mr Henry DEAN 10s
Mr John MOLONEY £1
Mr A BLOOMFIELD 10s
Mr E BLOOMFIELD £1
Mr J T BELL £1 1s
Mr James ATKINSON £1
Mr Robert MILNE 10s
Dr KING £1
Mr George GIBSON £5
Mr James BATTEN £1
Mr Daniel LAHENE £2
Mr Patrick SULLAVAN £2
Dr. CUTTING £1
Mr James WALSH £2
Mr John WRIGHT £1
Mr John CONNELL £1
Mr Samuel FOWLER 10s
Mr David PICTON 10s
Mr J W FOREMAN £2
Mr Daniel CASSIN 10s
Mr James MEALY £1
Mr Michael MOLONEY £1
Mr James CARMICHAEL £1
Mr Frederick SMIDE 10s
Mr David M'CULLOCH 10s
Mr Samuel HILL 10s
Mr Patrick BRIEN £1
Mr Wellington HUME 10s
Mr William HENRY 10s
Mr William FRAZER 10s
Mr J J MILLS £2
Mrs ROBINSON £1
Mr John BARTON 10s
Messrs J J WALLER and Co. £1
Mr A B COX £1
Mr Edward COOK £1 1s
Mrs Mary COOK 10s
Mrs A JACKSON 10s
Mr George SMITH £1
Mr Simon GILLIS £1
Mr Charles WHITFIELD £1
Mr James DICKSON £1
Mr Thomas O'BRIEN 10s
Mrs Thomas O'BRIEN 10s
Mr Robert WOODS £1
Mr Peter ROGERS £1
Mr John FLYNN £3
Mr Henry TEBBUTT £1
Mr Thomas TARRANT 5s
Mr Paul HARFORD £5
Mr Michael MOORE £1
Mr Samuel M'CULLOCH 10s
Mr W W BLACKEY 5s
Mr R W HEARD £1
Mrs DOYLE £1
Mrs M'GUINESS £1
Mr T H SINDEN £5
Mr W LEWIS £1
Mr J D LITTLE £1
Mr James COLEMAN £2
Mr George SAUNDERSON £1
Mr John BARRY £1
Mr DICKENSON 10s 6d
Mr George REES 5s
Mr James MURPHY £1
Mr Edward SHEAHAN £1
Mr John KENNEDY £1
Mr H WINTERS 6s 6d
Mr T E MILLS £1
Mr John SMITH 5s
Mr John MOLONEY £1
Mr R S ELLIOTT 5s
Mr William LEWIS £1
Total £227 4s
Saturday, January 19, 1861
On Monday last, 14th January, John, beloved son of Eliza and John SMITH,
of the Carriers' Arms, Mudgee, aged 6 years and 5 months.
Tuesday, January 15
Before his Worship the Mayor, T CADELL< and M H LYONS, Esqrs., J.P.s.
G BLAKE v T MILLS. Settled out of court.
A D NEAL was charged with assaulting a boy of the name of WALSH. Complainant
said he was in a paddock when, without provocation, defendant struck him
with a clod, threw him on the ground as if he had been a dog, and then
kicked him. Fined 20s and costs, or three days imprisonment.
M WALSH, father of the boy, preferred a charge against NEAL for threatening
to assault him. Complainant, seeing his boy ill-used, remonstrated with
defendant, when he said, if he did not mind, he would kick his ______
brains out, and fearing that he would carry out his threat, he sought
protection of the Court. Bound over for six months to keep the peace.
P McIVOR was again remanded in consequence of the absence of Mr. OLIVER.
W LAWLOR was likewise remanded on a charge of horsestealing.
CHILDREN'S FETE at BURRUNDULLA
This event came off on Monday last and will be long remembered by all
who attended it as one of the most pleasant gatherings of the kind which
has been held in Mudgee. A more delightful day, or a more appropriate
place for a picnic could not well have been selected than the large paddocks
belonging to Messrs G H and A B COX, as they afford that great desideratum,
shade, in the shape of several magnificent willows.
The invitation was general, and we were glad to see that it was accepted
in the same spirit. Amongst the six or seven hundred children and the
three hundred or so adults, were persons of all classes.
The children started from Mr COCHRANE's store at about two o'clock, one
hundred and fifty of the little ones carrying a flag each headed by a
large one on which was inscribed "Ration pets", in allusion
to Mr. COCHRANE's kind custom of giving rations of lollies every Saturday
to our young Mudgeeites. These flags, with others on the ground, together
with a brass band, gave an air of great liveliness to the scene.
Cakes, spice nuts, sweetmeats, pears, apples, tea, &c., were provided
in great abundance and proved sufficient even for the wonderful capabilities
of the lads. The fruit was provided by R LOWE Esq; the cakes were prepared
by three ladies well known and old residents in the town; the tea, tables,
tent &c. on the ground, by G H COX, Esq., for all which friendly assistance
and co-operation we know our friend Mr COCHRANE felt grateful. The children
were arranged in groups and the cake &c., distributed amidst merry
shouts and ringing laughter.
The feasting being finished, dancing, cricket, racing &c., followed
and were kept up with great spirit till near sun down. The foot racing
was particularly amusing, for which the boys were indebted to Mr BURROWS,
who kept it up with great zest and liberality.
About seven o'clock the grounds began to thin, when the band played the
National Anthem, in which all united. G H COX, Esq., then addressed the
children, and on their behalf thanked Mr COCHRANE for his kindness, after
which cheers were given for the Queen, Mr COCHRANE, G H and A B COX Esq.,
&c.; and thus ended an exceedingly agreeable and merry affair.
We are glad to state that not a single incident occurred to take from
the pleasure of the day and that the young people behaved remarkably well.
We believe it is Mr COCHRANE's intention to return shortly to England,
and we are sure that the remembrance of the scene on Monday last will
often present itself to his mind forming a pleasant reminiscence of Australia,
while we in Mudgee shall often think of him.
We cannot close this account without alluding to the kindness of the Mayor,
and Messrs DICKSON, STANBURY, MOLLOY, DOUGHERTY, and BAX, for conveying
the party to and from the ground.
With reference to a paragraph in yours of the 5th instant, headed "Highway
Robbery", I beg to inform you that the party who communicated to
you the intelligence of the robbery must have been very much in error
when he stated that the robbery was committed on the Cassilis side of
Merriwa; the robbery took place seven miles on the Maitland side of Merriwa,
at a place called the Horseshoe Lagoon.
I remain, sir, yours, obediently,
Merriwa, January 14, 1861
AN accident, which by almost a miracle, did not end fatally, took place
on Saturday afternoon last, on the South Head Road. Mr WHITESIDE's baker's
cart was coming down when a little girl, about three years of age, ran
across the road. Some men, who saw that an accident was inevitable, shouted
to the driver, but it was too late. The child was knocked down and the
wheel of the vehicle, by no means a light one, passed over the neck of
the little creature; its piercing cries showed that no internal injury
had been done, but the back of the neck and cheek were severely lacerated.
A shepherd in the employ of Mr Robert BELL, of West STOWE, and going to
that gentleman's head station, found the body of a man lying on the road
far advanced in a state of decomposition. This circumstance was at once
reported to C J CLARKE, Esq., our worthy and very active magistrate, who,
with his usual promptitude, proceeded to the spot, and found that the
report was too true; and after making the necessary inquiry, he ordered
the body to be buried. It appears that the unfortunate man's name is Daniel
SAWYERS; that he lately arrived from Sydney under an engagement to F MOUTON,
Esq., Calide, as shepherd; and was on his way to that gentleman's station
when he became very lame and unable to proceed. With the advice of his
mates, who proceeded on their way, he was returning to Mr BELL's station,
there to remain till a horse could be sent for him, when his death took
place. Poor man! I am told he has left a wife and family in Sydney to
bewail his sad fate.
- Gladstone Correspondent to the Moreton Bay Courier.
A WRETCHED LIFE AND END
An inquest was held yesterday, at the Sailor's Return Inn, St. Leonards,
North Shore, on the body of a man named John DORAS, who was found dead
in a cave in which he had been accustomed to live near Middle Harbour.
It appeared that the deceased, a man of about fifty four years of age,
was an oysterman, and was well known for his drinking propensities. He
was last seen alive on Saturday, 28th ultimo, when he called at the Sailor's
Return, on is return to Middle Harbour. On Monday last, a man named SILVER,
residing in the vicinity of Middle Harbour, had occasion to go for water
near the cave recently occupied by the deceased, and was arrested by a
strange smell, which was soon found to emanate from the body of deceased
lying in an advanced state of decomposition in the cave. The police were
communicated with, and next morning two of them, accompanied by Dr. WARD,
proceeded to the locality, and found the body as described. The case was
then reported to the coroner. The jury in their verdict, expressed themselves
satisfied that the deceased died from natural causes, accelerated by a
long course of intemperate habits.
From our Correspondent
Before Mr. Justice DOWLING
(The court was held in a room adjoining Mr FANNING's inn; which afforded
more ample accommodation than the Court-house).
Thursday, 10th January
CHEATHAM v. MACKAE
Messrs SERJEANT, of Bathurst, and COLQUHOUN, of Orange, supported the
plaintiff's case. Mr. JAMES appearing for defendant.
The plaintiff sought to recover damages for breach of agreement to deliver
a quantity of cattle, and claimed £200.
In December, 1857, Mr Duncan MACKAE, being about to enter the service
of Mr James L CHEATHAM, of Borregobong, as superintendent of his cattle
stations, was reminded by his employer that he could not be allowed to
retain any cattle of his own, and Mr CHEATHAM suggested that MACKAE should
sell him such as he possessed. MACKAE's cattle were running at Warrena
about fifty miles from his new domicile. The number was estimated at about
300 and the price agreed upon £300. This sum was admitted to have
been paid by instalments in a general account between the parties for
stores, wages, &c., and the main question at issue was whether or
not defendant had agreed to deliver.
The contact not having been reduced to writing, occasioned a difference
of opinion, after so great a laps of time, as to its terms. The plaintiff
and Mrs CHEATHAM (not Betsy) declared that the defendant agreed on the
word and honour of a gentleman to gather, deliver, and brand 300 head.
Jervis CHEATHAM also supported this testimony, but on cross-examination
had a strong objection to saying in what part of the house the conversation
occurred. The Judge, however, having reminded him of the existence of
a lock-up, the witness again (as he had often before done) consulted the
interior of his hat, and said, "Why, if you must know, it was in
the dining room".
Defendant's version of the contract was that he was to collect as opportunity
offered while in plaintiff's employ; that plaintiff was to supply him
with horses, which he failed to do; that he never undertook to muster
and deliver, but in fact sold the right of the brand; that plaintiff never
asked him to deliver until he was going to leave the service, and that
the present action was the result of ill-feeling begotten by the failure
of a juvenile CHEATHAM to awaken the sympathies of a fair one then under
The Judge thought the defendant should have branded and kept account of
the cattle, and that the term of engagement was pointed to by the evidence
at the time within which such branding (in this case identical, as he
thought with delivery) was to be performed. He found a verdict for the
plaintiff for amount claimed.
From our Correspondent
Harvesting is nearly over in our district, and I am happy to say that
the crop is rather more than an average one. The weather has been remarkably
dry of late. The corn and potato crops are suffering considerably: in
fact, the whole country is dried up for want of rain. We are hoping business
will shortly improve. Our steam mill will conduce a little to it, Mr.
PURVIS having taken Mr SIMPSON (lately manager of the Mudgee mills) into
Missionary meeting - on Friday last a most interesting missionary meeting
was held at the Wesleyan Chapel; John HARDWICKE, Esq., in the chair. It
was remarkably well attended by people of all denominations. The Rev W
J K PIDDINGTON read the report, after which Mr WADDINGTON and the Rev
Mr FAWCETT, of Bathurst, and Rev Mr ADAMS, missionary from the Friendly
Islands, severally addressed the meeting. On Sunday, Mr. FAWCETT preached
two very excellent sermons to large and gratified congregations. The collections
amounted to £71 2s.
In Returning thanks to his numerous customers for the patronage with which
they have favoured him, begs to acquaint them that
ON THE 1st FEBRUARY NEXT
He purposes to
The Mount Victoria Inn
Situated about a mile from his present residence, and hopes to merit by
strict attention to the comforts of his customers the same amount of patronage
J S has been at considerable expense for improvements and additions to
the dwelling house and Stables, which he trusts will prove satisfaction
to both neighbours and travelers.
Rose Inn, Little Hartley
For the Country, a Man as COOK. Apply to Mr. John HEALY, Mudgee.
A female servant, Apply to Mr A McCAULEY, Gladstone-street.
STRAYED from Collaroy, near Cassilis, a BROWN MARE, small star on forehead,
with a little white on hind foot, branded 53 under P near shoulder and
on off shoulder WB on P. The above reward will be paid on delivery to
Collaroy, 7th January, 1861
INTO MY PLACE, Campbell's Creek, Red and White COW, branded PC on left
rib and near rump. The brands correspond with mine, but should a better
claim be laid at the said Cow, they may have her by paying expenses. PATRICK
CROWLEY, Campbell's Creek, January 14th.
Lost or Stolen
A DARK BROWN COLT, two years old, mixed with grey hair, grey face, branded
EM near side, near hind leg under fetlock white.
One pound reward will be paid for intelligence leading to its recovery:
or five pounds (£5) for information leading to the conviction of
IS HEREBY GIVEN that all Cattle branded diamond (sideways) on the rump
and ribs and depastured at Warrena and the adjoining stations, are my
property, and I hereby caution all parties not to take possession of or
interfere with them. My intention is to muster and brand the said Cattle
Colbin, near Mundooran.
ALL STOCK found trespassing upon my land known as Lawson Dam Station on
Pipeclay Creek will be impounded without respect of persons after this
January 12, 1861.
Saturday, January 26, 1861
On the 17th instant, at Grattai, by the Rev. J GUNTHER, by special licence,
Mr Edward Greatorix ROSE, of Mudgee, to Anna Maria, eldest daughter of
Samuel JAMES, Esq., of Grattai.
FIRE AT WEST MAITLAND
Another distastrous fire occurred on Sunday last at the store of Mr. John
FITCH, which was destroyed together with the shop of Dr. MORRIS, late
D MACKATTEE, and two other shops.
On Thursday, Dr KING, the coroner for this district, held an inquest at
the house at the end of Market-street, lately occupied by Mrs VILES, on
the body of James AUSTIN, who was killed by being thrown from his horse.
From the evidence it appeared that AUSTIN had in the morning attended
the Court-house for the purpose of answering a charge preferred against
him for illegally mining for gold on private land. He remained in Mudgee
till near sundown, when he in company with a friend of the name of PHILLIPS
proceeded towards home. On reaching the Sydney road PHILLIPS got rather
ahead, and on turning round found AUSTIN lying on the ground; he immediately
dismounted, and finding deceased had a severe injury on his head, rode
back to Mudgee for medical aid. He returned with Dr. CUTTING, but too
late to afford any assistance, the unfortunate man having breathed his
last. The jury returned a verdict of "Accidental death occasioned
by falling from a horse". We are sorry to hear that AUSTIN has left
a large family who, we fear, are totally unprovided for.
Tuesday, January 22
Before the Mayor, Messrs, MARLAY, CADELL, and LYONS, J.P.s.
Patrick M'EVAY remanded on a charge of forgery, was discharged.
Jos. AUSTEN was summoned for mining of gold on the private land of W
BOWMAN, Esq. Mr. CLARKE (for TEMPLETON) appeared for complainant, who
after stating the case and saying he did not wish to press the charge
heavily against the defendant, called upon Mr. CADELL, who said he had
cautioned the defendant against working on his land. Early on the morning
of the 15th instant he heard the report of a blast, and afterwards saw
AUSTIN come out of a shaft. He told him that he had fired the blast.
Mr. BRODRIBB, who defended the case, raised several legal objections,
all of which were overruled by the Bench, who found the defendant guilty,
and fined him 20s and costs.
The case against W LAWLOR, charged with horsestealing was withdrawn.
John SCOTT the Mudgee pieman, appeared on summons charged with threatening
to cut the throat of his "better half".
Mrs SCOTT attributed her husband's unnatural conduct to the influence
of drink; when sober she had nothing to fear from him; he had, however,
been so bad lately that if he did not mend his ways she should be obliged
to leave him; all she wanted was that he should take the pledge.
This SCOTT objected to. He could keep sober without anything of the kind,
and thought if Mrs SCOTT would not allow her tongue to run quite so freely,
and to throw fewer glasses at his head they might get on much better together.
Mrs SCOTT confessed to having been provoked to such doings through his
fondness for the glass.
The Bench having tried to reconcile the parties without effect, were about
to bind the pie vendor over to keep the peace, and in default of his finding
security to accommodate him at Mr. McBETH's for three months, when SCOTT
came to his senses, and said he thought he would take the pledge. He was
consequently remanded a week, at the expiration of which time he was either
to produce a written document from his clergyman or else be bound over
to keep the peace towards his family and all people, himself in security
for £20 and two others for £10 each.
P MALLEY was charged with an assault. Jas SHEA said he was leading a
horse towards Oakfield on Thursday evening last, when, without giving
the least provocation, MALLEY struck him on the eye, which caused it to
swell, and from which he suffered very great pain. He challenged him to
a fight, but he refused. He was only struck once.
Fined 10s and costs, for which Mr. MALLEY politely thanked their honors.
Having found a Horse belonging to me with my brand (defaced) of the following
description, viz., black, with a little white on both pastern joints,
a small white stripe on forehead, with additional brands, on near shoulder
R in circle underneath my defaced brand, on off shoulder PF. Any person
proving a better claim to him within fourteen days from date can have
him by applying to
Coonabarabran, 15th January 1861
STOLEN or strayed from Lawson's Creek, one Strawberry BULLOCK branded
JH on near shoulder.
Also one Red and White BULLOCK, branded BG on off rump, tip of the off
The above reward will be paid if stolen, on conviction, or one pound each
if strayed on delivery to Benjamin GAWTHORN, Oakfield Gate.
STRAYED from Bruce's Creek, on the 4th instant, one Dark Iron Grey HORSE,
black points, bell and hobbles on, branded PW near shoulder, SG illegible
off shoulder. The above reward will be paid on delivery of the said horse
to Mr R CROSSING, Mudgee; or Samuel GATES, Bruce's Creek.
Sir, It was with mixed feelings of surprise and indignation that a few
days since I read a communication in your valuable paper of the 5th instant,
under the title of "Highway Robbery", purporting to relate a
series of facts, but which in reality abounds with misrepresentations
and undeserved abuse, so far at least as concerns the police of Cassilis.
The article in question furnishes considerable internal evidence of the
existence of an animus somewhere, and no doubt was prepared under the
special guidance or dictation of a party interested in the dismissal of
a really "worthy and meritorious officer". With your permission,
sir, I will present to your readers a true version of the affair, and
then leave it in the hands of an impartial public to decide.
So soon as the robbery was made known to the proper authorities at Merriwa,
two constables were ordered in pursuit of the robbers, and were also furnished
with instructions to place the police department at Cassilis in possession
of all necessary information. This being done, Chief Constable WESTON
dispatched constables KNIGHT and SCULLY with directions to proceed to
Mudgee and to use their best endeavours to capture the robbers. These
instructions were promptly seconded by our police, who traveled day and
night, exercising every possible diligence, but unfortunately without
There can be no doubt that all was done that could have been done by each
of the constables; and therefore it was unjust for your correspondent
to cast invidious reflections on some by overpraising or applauding one.
I am free to admit, without argument, that Mr KNIGHT, the "worthy
and meritorious" officer alluded to, has distinguished himself on
more than one occasion whilst his duty called him to arrest aborigines;
but I can perceive no reason why his "meritorious" conduct as
displayed on these occasions, should operate to furnish him with a character
(perhaps undeserved) superior to other constables quite as worthy as himself.
I would not have troubled you, sir, with this explanation were it not
that our Chief Constable WESTON and constable SCULLY are not only worthy,
diligent, and useful officers, but on other accounts good neighbours and
respectable inhabitants of a respectable and flourishing town; and it
appears to me that such men, instead of being held up to the public as
fit subjects for castigation should be encouraged by all who have the
interests of Cassilis at heart.
To my mind the write of the slander before alluded to - for I can call
it nothing else - must at the moment scarcely have recovered from a liberal
indulgence of Christmas festivities, or, if sober, must have been actuated
by feelings akin to malignity, for there is not a resident of Cassilis
but can attest to the truth of my statement as above.
I am, sir, yours, &c.,
Western Post and Mudgee Newspaper October 1861
Tuesday, October 1st.
Before the Police Magistrate, the Mayor and T. CADELL, Esq.
Robert HOLMES was fined 10s for being drunk and disorderly on Sunday
Alfred JACKSON, charged with escaping from the Mudgee lock-up.
N. M'BEATH said the prisoner was in his custody under sentence of a months'
imprisonment for having assaulted a constable; he was likewise under committal
for trail upon a charge of larceny. On Sunday, the 8th ultimo, about 10
o'clock at night, he went as usual to change the tubs; upon opening the
door of the cell in which Jackson was confined, he suddenly gave him a
push, threw him over a box, in the passage, and escaped through the front
door. Constable CAMPBELL immediately went in search of him; the night
was, however, so dark that it was impossible to see which road he took.
On the 29th instant he received him from Constable GOLDSMITH of the Mundooran
police, who had received him from one of the Cobbera police.
JACKSON, in answer to the charge, said he did not escape for any evil
purpose; he was sorry for what he had done, and was about giving himself
up when he was taken, for he never spent such a miserable time in his
life as he had done since he ran away.
Committed to take his trial.
George WARE - Adjourned case of horse-stealing.
Richard REEVES said he knew WARE about two years since, at which time
he was working at the Grattai diggings. He had a brown mare branded CW
with a small blot on the near shoulder. In general appearance the mare
was very much like the one in the Courtyard. Prisoner's mare was still
running at Grattai; he had seen it about a week since; when prisoner left
Grattai he gave Mr. JAMES instructions respecting it if found.
The Bench said it was evident that the two mares were very much alike,
and that the prisoner might have taken the one belonging to prosecutor
by mistake; they therefore dismissed the case.
On the 29th September, at the Wesleyan Parsonage, Mudgee, the wife of
the Rev. Thomas ANGWIN, a daughter.
Saturday, October 5, 1861
GEORGE HOSKINS, BUTCHER, begs to notify to his Friends and Customers
that he has REMOVED to Market Lane, opposite Chappell's Mill, where he
will continue to supply the very primest Beef, Mutton, &c., &c.
I, the undersigned, have opened a portion of my private ground for digging
purposes only, and I will not allow any person to carry on any description
of business on the said ground without first obtaining permission from
myself or Mr. Robert GLASSCOCK.
Thomas SPICER, Upper Meroo
September 6, 1861.
STRAYED from Mullamuddy Reef, Broomby, Roan MARE, braded WR near shoulder,
supposed to be running at Piambong. The above reward will be paid on delivery
William BONNEY, Broomby Reef.
STOLEN from my paddock, on Wednesday, 18th September, a black FILLY; she
has a very small white spot on centre of forehead, branded JC CS on near
shoulder, three years old; also a saddle and bridge. She was taken by
an aboriginal named MURRY, who had on when he left a striped shirt, moleskin
trousers, and a black Californian hat; he has a large moustache on upper
lip and rather good looking. The above reward will be given on the conviction
of the thief and recovery of the filly.
Charles SMITH, Green Valley Creek, Near Tambaroora.
FIVE POUNDS REWARD
STOLEN or strayed from Campbell's Creek on September 22nd, a Bay HORSE,
branded MP7 on near shoulder, three feet white, and white blaze down the
face. The above reward will be paid on conviction of thief, if stolen;
and £1 if strayed, on delivery to Mr. PARKINS, Campbell's Creek;
or Robert H SMITH, Windeyer.
Windeyer, October 1st.
TWENTY POUNDS REWARD
WHEREAS some persons maliciously shot my mare close to Charles NICHOLLS',
Campbell's Creek, I will give the above reward to any one bringing such
information as shall lead to the conviction of the guilty parties.
B PARKINS, Campbell's Creek
Windeyer, September 26th
I HEREBY caution the public not to trespass on either of my licensed stations,
Breelong (Old) and Boorandah - district Bligh, on pain of prosecution.
Michael HEALY, Merri Merri, 21st Sept.
NOTICE to storekeepers, publicans, &c.
I HEREBY Give Notice that I will not be responsible for any debts contracted
without my written or personal order.
Burrundulla, September 27th, 1861.
From our Correspondent
September 26th - The weather here has been dry and pleasant for some time
past, with a few frosty nights occasionally. Sheep shearing will commence
in a few days at Messrs. BUSBY's, but at Llangollen not until November.
Mr. FITZGERALD shears his Tongay sheep at Daby, but his flocks here are
reduced to a very small number, having again and again been decimated
by that awful scourge that has swept over this district for so many years.
Mr. James PIPER, one of the earliest residents here, and who has successfully
conducted the Dalkeith Inn for many years, has retired with the most honourable,
- the most distinguished of all characters, that of an honest man. His
mantle has fallen on Mr. TROTTER, a young man who has already succeeded
in securing the respect and good will of all classes of society, and who
is determined to follow the footsteps of his worthy predecessor. This
will be a guarantee to the squattocracy of the neighbouring districts
that they will meet with the same attention and accommodation as they
have hitherto been accustomed to receive.
There has also been a change of postmasters - the late postmaster resigned,
being about to leave the district, and has been succeeded by Mr. William
PIPER. Those matters excite far more interest in the simple minds of our
humble community that the rise, progress, and fall of an empire. Another
French revolution would cause less stir here than a charge of drunkenness
preferred against a constable. It is quite possible that many of them
are still ignorant that a civil war is raging in the United States.
Saturday September 28th
Before the Police Magistrate
Charles RIDGWAY, charged with stealing a letter containing 30s.
John Peter EWING, corporal of the mounted police, on oath, said that he
apprehended the prisoner on a charge of stealing a letter containing 30s.,
the property of the Postmaster-General; prisoner said "where has
the envelope been found?" He told him he believed it was found in
the Post Office. He produced an envelope marked A, which he received from
a man named John CALFE, together with the note also produced marked B2.
Elizabeth CALFE, wife of John CALFE, publican and storekeeper of Devil's
Hole Creek, knew the prisoner; he lately acted as postmaster at Windeyer.
She did not receive a letter from Mrs. ALLEN during the month of August;
or at any time to the present moment. Mrs. ALLEN owed her money, and she
had written to her for it. Had never authorized anyone to open any letter
addressed to her containing money. The note produced marked B bore her
Remanded till Friday next.
Wednesday, October 9, 1861
Pre-Emptive Purchase Approved
J M ALLISON, Oakey Creek Run, 320 acres, £320, deed fee £1
24th September, 1861
WILTON v. CANN
This was an action for the value of three promissory notes.
Mr. HOLROYD, instructed by Mr. TEMPLETON, for plaintiff. Mr. BRODRIBB
W. WILTON proved the hand-writing of defendant.
Mr. BRODRIBB, on behalf of defendant, said first, that he had received
no consideration; secondly, that he had paid the amount, but being an
ignorant man, had neglected to demand the bills at the time of payment.
Verdict for plaintiff.
WILTON v. HUME
This was an action for money due for cartage of timber.
Mr. BRODRIBB applied, on behalf of defendant, to have the case postponed
till next sitting, upon payment of cost.
Mr. HOLROYD objected.
His Honor ordered the case to be proceeded with.
W. WILTON said he had a team of bullocks, which originally belonged to
a man of the name of LUCK, and which he took as security for a debt owing
to him by LUCK. He had all the bullocks branded W, and had his name painted
upon the drays. LUCK, who was a sawyer, continued to use the team for
the purpose of drawing in his timber, but he (witness) received all money
paid on account of cartage. LUCK took an order from HUME to cut a certain
quantity of timber; upon his bringing in a load he demanded the cartage
of HUME, who said he would see him paid.
For the defence, Mr. BRODRIBB called
__HUME, who said he had agreed with LUCK for timber at a certain rate,
including carriage, and that he had paid him in full. He did not employ
WILTON to draw the timber, and when WILTON spoke to him he said he had
nothing to do with him. Had never agreed with WILTON for the carriage;
he did not swear he had at the trial with LUCK.
W. LUCK said he had never parted with the team; that he had delivered
timber to several parties, and always received the money; he had engaged
to deliver timber to HUMER at 25s, which was to include carriage. He had
given WILTON a bill of sale upon the team, which he had since paid. He
paid the driver. The team was never out of is possession. Some documentary
evidence was here put in.
H. TEBBUTT produced WILTON's books (which were in his possession under
an order from the Commissioner of Insolvent Court), for the purchase of
proving certain transactions between the parties.
Mr. BRODRIBB recalled plaintiff, who said LUCK owed him £280. He
had not sold the mortgaged team to LUCK, nor had he parted with the teams
at the time in question. RUSSELL the driver was in his service; he paid
the wages. He afterwards sold part of the team to Mr. M'CAULY.
E. CLARKE said he was present during an action between LUCK and HUME,
on which occasion HUME stated that WILTON came down and stopped the team,
as he would not allow the timber to be taken off before the carriage was
paid. HUME produced a receipt at the time as having paid in full all claims
His Honor said it was very evident that both HUMER and LUCK had sworn
what was not true; the documents they had put in were contrary to their
own evidence; it was not his place to proceed against them; they had,
however, both sworn what would convict them were a case of perjury preferred
His Honor then stated the case to the jury, pointing out the fact that
WILTON still held a bill of sale against LUCK, and that HUME's documents
went against his own evidence, and confirmed the evidence of the plaintiff.
Verdict £47 10s 8d and costs.
Monday October 6th
George WILSON, alias Henry GARDINER, alias Robert GRANT was charged by
Mr. HARDY, chief constable, with being a prisoner of the Crown, illegally
at large. He was likewise charged with having escaped from the Braidwood
Mr. HARDY applied for a remand in order to afford time for him to communicate
with the authorities at Braidwood and Sydney; which was granted.
Tuesday, October 8th
Before the Police Magistrate and Captain BATTYE
Robert SIMPSON was fined 5s for being drunk.
Samuel CLAYTON, absconding from his apprenticeship.
W. COLEMAN, the boy's master, said this was the second time the boy had
run away. The boy's excuse was that he went for a ramble and that he ought
to have been sent to a night school. Mr. COLEMAN said he had engaged to
send him to one, and would do so as soon as one was opened in the town.
Imprisonment 48 hours, and to be kept on bread and water.
Thomas COSTELLO brought up for protection.
Dr. RAMSAY having examined the prisoner, said that he was well enough
to be allowed at large.
He was accordingly discharged.
COURT OF PETTY SESSIONS
Monday October 7,
Present the Police Magistrate and Captain BATTYE.
DICKSON and BURROWS v. M W TUOHY. Goods sold £6 1s 6d. Verdict
for the amount.
DICKSON and BURROWS v. H P WILSON. £2 10s goods sold. Verdict for
Henry FROST v. Fred. LOONEY. £4 19s promissory note. Verdict for
Martin CUMMERFORD v. G BURGESS. £9 for services performed. Fresh
summons issued for next month.
J J WILSON v. KEITCH. £5 money paid. Verdict for plaintiff.
Arundel EVERETT v. John SAUNDERS. £10 watch sold. Settled.
W. BRANSCOMB v. N. ROWELL. £5 10s 6d goods and labour. Settled.
H R REUBENS v. T LINSON. £3 0s 6d goods sold. Summons not served.
H R REUBENS v. Louisa HUTCHINSON. £4 12s promissory note. Verdict
against the goods of W B HUTCHINSON.
A RODGERS v. John LANE. £1 12s 6d damage. Verdict for plaintiff.
J BARRY v BRADDOCK. £8 5s for rent. No parties.
H R REUBENS v J SMITH. £5 5s 3d goods sold. Verdict for plaintiff.
S HILL v J KIRKNESS. £8 1s 10d for bread sold. Verdict for plaintiff.
S HILL v Arthur COX. £3 15s 9d bread sold. Settled.
S HILL v W ADAMS. £1 15s 11d bread sold. Verdict for plaintiff.
FREEMAN of Bathurst has challenged to run BEAN of Hartley, SINGLE of Penrith,
WILLIAMS of Windsor, or any other man in the colony, from 150 to 500 yards
for one hundred pounds per side. The match to be made at the Crooked Billet,
We have been requested to caution the party who, the other night wantonly
destroyed the flowers in Mrs. BURTON's verandah, and took away the rails
placed to prevent horses and cattle going down the yard of her cottage
in Market-street; such senseless and uncalled for mischief deserves punishment.
Mr. Thomas NEW, who was last week at Mundooran upon business, and happening
to say that he intended to reach Mudgee on the evening of the day he left
Mundooran, a party challenged him to stake £50 upon the accomplishment
of the journey within the prescribed time. Mr. NEW accepted the bet, and
started from Mundooran about ten o'clock in the morning, and reached Mudgee
the same evening; his horse, which exhibited no appearance of fatigue,
having accomplished the journey, a distance of seventy-three miles, in
eight hours and five minutes. The horse, which is the property of Mr.
DARE, was in anything but good condition, having before leaving Mudgee
for Mundooran arrived two days previously from Maitland.
Friday, October 4th
Before Justice CARY
The Queen v. PEGG
Samuel PEGG was charged with having committed willful and corrupt perjury,
for that in April last at the trial of one Thomas BLACKMAN, for cattle
stealing, before the Court of Quarter Sessions, then held in Mudgee, he
(PEGG) stated and swore amongst other things, "that he was present
on the 7th of March at Cooyal, at the killing of the calf in question,
and saw BLACKMAN knock it down;" the fact being that he (PEGG) was
not there on that day, and did not see BLACKMAN kill the calf, &c.
The Crown Prosecutor conducted the prosecution. Mr. HOLROYD, instructed
by Mr. JAMES, defended the prisoner.
At the opening of the case his Honor asked Mr. HOLROYD whether he was
prepared to admit that the statement of the prisoner as alleged in the
information was material to the issue then (that is in April last) before
The learned gentleman declined to make this admission, as it might in
part turn out that the words actually spoken were not material to the
issue, and this might, and probably would, be a ground of defence.
Mr CHAMBERS having then addressed the jury, dwelling upon the enormity
of the crime as affecting the very bonds of society, called
Mr. T C GORE, clerk of the peace, who was proceeding to prove that a trial
had taken place in April last, when
Mr. HOLROYD took the objection that this could not be done so as to bind
the prisoner, without production of the record of the proceedings, properly
drawn up, and addressed the Court at some length, citing authorities on
Mr. CHAMBERS spoke in answer to the objection, urging that the manuscript
under the hands of the clerk of the peace, endorsed on the information,
was a sufficient record of the trial and the material facts attending
His Honor held that this manuscript or endorsement was not the record
or proper evidence of it, and as no other evidence of the proceedings
was offered on the part of the Crown, his Honor directed the jury, who
found a verdict of "not guilty" and the prisoner was discharged.
The Queen v. Captain BLACKMAN
The defendant in this case was a half-caste, well-known at Cooyal by his
military title. He was charged with perjury, committed on the same day
in April, and in reference to the same matter as that described in the
case of PEGG.
The Crown Prosecutor, before addressing the jury, said that he was unable
to proceed for the same cause which had arrested the last case. He would,
therefore, consent that the prisoner be discharged from custody upon his
entering into recognizance, in the sum of £50, conditioned that
he appear at the next Quarter Sessions, at Mudgee.
Prisoner discharged accordingly.
Mr. HOLROYD, instructed by Mr. JAMES, appeared to defend.
It was understood that if it should be determined to put this man upon
his trial, at least a month's notice of such intention should be given
to Mr. JAMES, as the prisoner's attorney.
Frederick WARD was brought up to receive sentence.
Mr. BRODRIBB addressed the court at some length in favour of mitigation
of punishment. He considered that it would suffice the ends of justice
if the prisoner's ticket-of-leave was cancelled.
His Honor said the fact of the prisoner being a ticket-of-leave man was
rather a reason why he should be more severely punished; he had not only
shown himself ungrateful to his country, but had done an injury to his
fellow prisoners, for the more crime there was committed by ticket-of-leave
men, the less inclined were the Government to grant future tickets. The
sentence of the Court was that the prisoner, at the expiration of his
former sentence, he further employed on the public works for a period
of three years.
W BURNES and J GIBSON, charged with robbing the mail at Cherry Tree Hill.
Mr. HOLROYD defended the prisoners.
The Crown Prosecutor said that he had only received the depositions on
the previous day and was quite unprepared to go on with the case, as he
had to send to Sydney for witnesses; he, therefore, requested that the
prisoners might be remanded until next Sessions.
Mr. HOLROYD strongly objected to any such delay, not only on account of
the circumstances he had a few minutes before alluded to (unsuitability
of Mudgee lock-up for long period prisoners), but because of the evident
laxity on the part of the Crown in not being fully prepared. It was only
a case of suspicion; he was prepared with their defence, and therefore
hoped that the case would be proceeded with, especially as both prisoners
were strangers, and would be unable to procure bail.
His Honor said they were charged with a most serious offence, and as it
was evident the Crown had not had time to prepare the case, he should
remand the prisoners till next sessions, and suggested that the Colonial
Secretary should be written to, requesting that they might be sent to
The Crown Prosecutor said that there was a second charge against a prisoner
(C RIDGEWAY) for stealing a letter containing money; as the prisoner was
already sentenced to three years' hard labour he did not intend to file
a second information.
Saturday, October 4th
Alfred JACKSON, charged with prison breaking.
Before the prisoner was called upon to plead,
Mr. HOLROYD directed his Honor's attention to the fact, that the prisoner
appeared in Court handcuffed, and indignantly protested against such a
course of procedure, adding that during the whole of his twenty years'
practice, it was the first occasion he had witnessed such a thing, and
hoped it would be the last.
His Honor ordered the handcuffs to be instantly removed, and asked the
reason why he had been brought into Court with them on - which so affected
the would-be champion of New South Wales that he blubbered like a child.
The officers replied that the prisoner had shown great violence, and they
kept them on for safety.
Mr. BRODRIBB appeared for the prisoner, who pleaded guilty.
Sentenced to four months' hard labour at Bathurst.
Charles WILLIAMS for prison breaking.
The Crown Prosecutor said that the prisoner escaped after conviction at
the last Sessions, but gave himself up the following day. He was under
the impression that he was sentenced to six years instead of six months,
which he was now undergoing at Parramatta; under the circumstances the
Attorney General decided not to put him on his trial. There was therefore
no bill filed.
On the 2nd instant, at her residence, the Cricketers' Arms, Merrendee,
the wife of Mrs Joseph COX, of a son.
Saturday, October 12, 1861
By John GOODRIDGE, Guntawang
The Wattle Tree
Now beauteously and gloriously
Doth gleam a forest gem,
That rears to cheer our wild woods
A bright flower-bearing stem,
Where proudly high flaunts to the sky
The leaf-webbed canopy;
Beneath it there more lovely fair
Peeps forth the Wattle Tree.
How dazzlingly and brilliantly
It goldenly doth bend
Its clustering blooms, while sweet perfumes
With heaven's own breezes blend,
As mild and blest at its behest
They ring for revelry,
And joyous play through lightsome day
Around the Wattle Tree.
As rolls the day his tedious way,
The silent shepherd wends
Where seldom change o'er vision's range
His lonely walk attends;
Though summer burns and autumn turns
To winter drearily,
Him wakening spring doth gaily bring
The bud on the Wattle Tree.
Those wond'rous things, whose snowy wings
Spread on the mighty wavy,
For traffic's sport from port to port
The battling surges brave;
And from our shore the blue seas o'er
Oft bears the argosy
A cargo share for factors' care
Stript from the Wattle Tree.
Oft to the bed where tears are shed
By friends of sickness nigh,
And faintly heard the muffled word,
Companion on the sigh,
Life's sand near run, some loving one
The prize of health, more worth than wealth
Bring from the Wattle Tree.
Oh! Dear to me shall ever be
The sheen of its glittering crown,
In its rivaling play with the sunny ray
At noontide streaming down.
When fled the light, and come dark night,
Earth's day no more for me,
Where'er my grave, map on it wave
The shade of the Wattle Tree.
The Masons of the Wellington Lodge
The gentlemen belonging to this ancient and important body dined together
at their lodge, G H COX, Esq., J.P., the president of the Mechanics' Institute,
and G. WARBURTON, Esq., P.M., being the only visitors. Mr HUGHSON, W.M.,
occupied the chair, Mr. ATKINSON, S.W., the vice. The Queen and other
toasts having been enthusiastically drunk, the chairman gave the health
of the president and the Mechanics' Institute, to which Mr. COX responded
in suitable terms.
The Society of Odd Fellows
The members of this useful society sat down to an excellent cold collation,
arranged with great taste by Mr. George MILLS. Mr. DWAIN, N.G., presided,
Mr. TULLOCH, G.M., acted as vice. Upwards of thirty gentlemen were present,
who did ample justice to the repast, and spent the time they were together
with that unity for which their meetings are celebrated.
Advertisement for Dalkeith Inn, Cassilis
Thomas TROTTER has much pleasure in intimating to his numerous friends
in the Merriwa, Cassilis, Coolah and Coonabarabran districts that he has
succeeded Mr. James PIPER, who conducted the above inn for many years,
and who afforded the highest satisfaction to the public.
T. TROTTER begs to assure Mr. PIPER's friends and his own that the Dalkeith
Inn will still be conducted as heretofore with a view to the comfort of
visitors. The attendance will be found satisfactory, the beds clean, the
stables abundantly supplied, and the charges strictly moderate.
T. TROTTER begs further to draw attention to the fact that he has A WELL-GRASSED
PADDOCK OF UPWARDS 400 ACRES - a desideratum not to be obtained elsewhere,
and which travelers from the distant squatting districts would do well
In conclusion, T. TROTTER trusts that Mr. PIPER's friends and his own
will rally round him, and no efforts on his part will be wanting to secure
and to merit a continuation of their kind favours.
Dalkeith Inn, Cassilis, 26th September
Wednesday, October 16, 1861
The partnership heretofore existing between the undersigned as millers
at Rylstone, under the style of PURVIS and SIMPSON, is THIS DAY DISSOLVED
by mutual consent.
All liabilities of the firm will be discharged by John PURVIS, and all
debts due thereto will be received by George SIMPSON.
Signed John PURVIS George SIMPSON
Witness: J W HARDWICK
Rylstone, October 11
STOLEN or strayed from Ryalstone, an iron grey piebald HORSE, aged, white
face and legs, branded GB conjoined ML conjoined near shoulder. £10
will be given if stolen, on conviction of thief; £1 10s if strayed,
on delivery to ABEL WHITE, Ryalstone.
The following is the substance of a paper on the late census, just laid
on the table of the Assembly. The return gave the population of every
police district in the colony, and the number of Chinese in each district.
Camden, Narellan and Picton…4…8293
Metropolitan Police District…26…37292
Muswellbrook and Merton…18…1595
Parramatta and Liverpool…45…15756
From our Correspondent
10th October - Another serious accident occurred here yesterday in consequence
of the clothes of a little girl between three and four years of age catching
fire. It appears that the little sufferer fell into a fire outside the
house, made for the purpose of cooking, the day being hot when her clothes
caught fire, and which, no doubt. Would have proved fatal had the child's
screams not been heard by Mr. FARRELL, the Denominational teacher here,
who instantly ran to her assistance. Mr. BYFIELD, also, with praiseworthy
activity hastened to the spot to render all the assistance I his power.
The child, I am informed, cannot be pronounced out of danger. She is the
daughter of the late constable KNIGHT, who was killed by a fall from his
horse a few months ago, and whose loss to the district the respectable
portion of the community still regret. He never allowed cricket playing
on the Sabbath, and he never stood over two wretched men stripped to the
skin, and battering each other as if the fate of an empire depended on
We had a very heavy hailstorm here early this morning, which although
it continued for a short time only, the fields were entirely covered over.
As some of the stones were larger than marbles, had it continued much
longer, a few of the younger and weaker lambs would have been killed,
and even some of the lately shorn old ewes. Shearing will shortly be finished
at Collaroy, and Messrs. BUSBY have now commenced in earnest. As the weather
continues very propitious for the work, stockholders are likely to get
it over earlier this season than usual.
On the 13th instant, at her residence, Church-street, Mrs. James ATKINSON,
of a son.
Tuesday, October 15th
Before the Police Magistrate, his Worship the Mayor, Thomas CADDELL, and
Robert LOWE, Esqrs.
Robert CANN, charged with stealing two bottles of gin.
Constable CAMPBELL deposed that he went to Burrundulla on Saturday last,
and took the prisoner into custody upon a charge of stealing, on Friday,
a bottle of gin, the property of Mr. WILSON, of Burrundulla hotel. The
two bottles in Court were given to him by Mrs WILSON. Prisoner said, when
taken into custody, "that they could do nothing to him"
Mary WILOSN said the prisoner had been drinking . at her husband's house
on Friday; he was sitting in the bar, when, having occasion to leave,
the prisoner went behind the counter and took a bottle off the shelf,
which he was about putting under his shirt at the time she returned; she
took it from him, when he said it was a bottle of honey. She put the bottle
upon the shelf, and told him to be off; he replied that he was in a public
house, and would stay as long as he liked. On Saturday, prisoner took
a bottle and placed it in the bosom of a man who was in the house, saying
it was a bottle of water; her husband came up at the time and gave the
prisoner in charge.
Cross-examined by Mr. BRODRIBB - The other man was called Joss; both had
been drinking for a fortnight; Joss was in the horrors; CANN was not a
good customer; she had trusted him with the spirits he had drunk.
Ellen SWINEY said she was in the service of Mrs. WILSON; prisoner was
at the house on Saturday, and while she went into a bedroom he took a
bottle from behind the bar, and put it into the breast of a man who was
in the horrors.
Mr. BRODRIBB having addressed the Bench in mitigation of punishment ,
the man having evidently been drinking until he did not know what he was
The Bench sentenced him to one month's imprisonment.
James ATKINSON, was summoned for keeping a ferocious dog.
J. FITZSIMMONS, who had laid the complaint, stated that defendant having
sent the dog out of the town he did not wish to press the charge.
The Bench said it was a very serious offence and as he had put the Court
in motion they thought they ought to investigate the matter.
Complainant having again pleaded that the dog, being removed, he was satisfied.
The Bench agreed to dismiss the case.
Mrs. HATHAWAY, was charged with using insulting language to Mrs. HUNT.
From the evidence it appeared that both parties had quarreled about Mrs.
HUNT beating defendant's child, which resulted in Mrs. HUNT challenging
Mrs. HATHWAY to fight, which she politely refused to do; she was then
told by Mrs. HUNT that she would knock her brains out; naughty words ensued,
and Mrs. HATHAWAY ran to the Court House for a summons, but was too late;
on the following morning Mrs HUNT stole a march, and took out a summons
against defendant. Witnesses were called pro and con, who did not assist
in clearing up the matter.
The Bench said it was evident that complainant was as bad as defendant,
which was no justification; they would, however, take it into consideration,
and inflict a fine of 10s and costs.
George WILSON, charged with breaking from the Braidwood lock-up, was
remanded in consequence of Mr. HARDY being absent from Mudgee on duty.
FIRE AT GUNTAWANG
A few days since an alarming fire occurred at the residence of Mr. GOLDSMITH,
of Gunatwang. From the account we have received it appears that the curtains
of the one of the bedrooms were set on fire by a child, and before assistance
was rendered the whole room was in flames. Mrs. GOLDSMITH, who was the
first to discover the accident, and whose first care was to save the children,
was very severely injured in both hands and arms. The whole of the furniture
was destroyed; the building was fortunately saved.
DISTRICT and MINING
THE UPPER MEROO
From a Correspondent
The want of water is beginning to be severely felt by the diggers working
on the ground first opened up by Mr. SPICER; the consequence is , that
those who have not payable claims are leaving for places nearer the Meroo.
Several have attempted to work the swamp near Mr. SPICER's residence;
here the water is too abundant; should the present dry weather continue,
the ground will soon be workable, and you may expect to hear of some heavy
finds. One or two parties have commenced working at the head of the Merro,
near Mr. BEST's, and have obtained good prospects. Others are moving lower
down the river. I am unable to send you the account of any particular
quantity of gold having been lately obtained, for I do not mix much with
the diggers. I may mention that I am making more than wages, and that
a party of four obtained 24ozs of gold last week, which they sold to Mr.
Charlton, of the Beehive Stores, Mudgee.
Court of Quarter Sessions
Tuesday, October 8, before Henry CARY, Esq.
John PROCTOR, a butcher at Stoney Creek, James M'LAUGHLIN (a lad of about
fourteen) in PROCTOR's employ, and John HANSFORD were charged with stealing
three head of cattle from Gourbullion, the property of Messrs. MYLECHARANE
and GARDINER; a second count charged the prisoners with feloniously receiving.
Mr. SERJEANT (of Bathurst) appeared for the prisoners, and applied to
have PROCTOR tried separately, as the case against him appeared to point
to receiving only. With respect to HANSFORD, he (Mr. S) was under this
disadvantage, that he had not read the depositions, the committal having
taken place only the day before.
The Crown Prosecutor did not wish to oppose the application, but submitted
that the evidence, as it would be given, would apply to the three prisoners,
and that it would be more convenient and would save time to try them together.
His Honor saw some difficulty in pressing HANSFORD to trial, his advocate
not having read the depositions, but thought, with Mr. CHAMBERS, that
the whole should be tried simultaneously.
Mr. SERJEANT then applied for postponement till next sessions, which was
granted. Bail allowed.
Frederick HOINS was indicted for stealing a horse, the property of one
M'KENZIE, of Dubbo.
It appeared that prisoner was apprehended on 14th September going to Carcoar;
he had three horses with him, which he ten said were his own property,
and produced receipts for them.
The constable (FINNERTY), however, found that these receipts did not answer
the description of the horses. Prisoner being reminded of this, he made
a statement to the effect that the horses had been lent him by Mr. DULHUNTY;
this statement he afterwards amended, saying one was DULHUNTY's, one he
had hired for £5, and the third (a bay horse) he had borrowed from
M'KENZIE's evidence was to the effect that his horse had been missed from
his run at Dubbo for five weeks, during that time prisoner had tried to
borrow it, but he had positively refused to lend it; prisoner had no authority
to take it.
His Honor having summed up,
The jury retired for a few minutes, and on their return delivered a verdict
Sentenced to five years' hard labour.
His Honor then thanked the jury for their attendance, expressing a hope
that by a prompt and impartial administration he should, by their help,
speedily eradicate the now too common crime of cattle stealing.
This closed the business.
From our Correspondent
Court of Petty Sessions
Wednesday, 2nd October
Magistrates present: J MILBURNE MARSH, Esq., P.M., and Walter H TIBBITTS,
ROBERTS v BAKER
The plaintiff in this case, a shepherd, sued for wages for eight weeks,
at £45 per annum, and swore that Mr. BAKER, a squatter on the Bogan,
discharged him from his service because they did not suit one another,
and then refused to pay him wages at the above rate. Defendant, on the
other hand, swore that ROBERTS left his employment without being discharged,
and before leaving had refused to obey orders when requested to take charge
of some weak ewes and lambs. Verdict for defendant. (It was proved in
the evidence in this case that the plaintiff had walked 1100 miles ! in
coming to Dubbo in the first instance to procure a summons, then returning
to serve it, afterwards returning to attend petty sessions, and finally
having to attend again, the case not having been tried on the day for
which the summons was first taken out. This shows the great necessity
of establishing Courts of Petty Sessions in the far interior, to be presided
over by a police magistrate only).
Frederick Walter HEINS was brought before the Court remanded from Orange
to the Dubbo bench on warrant from the latter place, charged with having
stolen three horses, the property of William MACKENZIE, __SMITH, and Marcus
DALHUNTY. Prisoner was apprehended within two miles of Carcoar by chief
constable FINNERTY, of Orange. He was fully committed to take his trail
at the next Wellington Quarter Sessions on the charge of stealing MACKENZIE's
Saturday, 19 October 1861.
From a Correspondent
The District Court was held at the Court House on Thursday, the 10th October,
before Henry CARY, Esq., who was presented with a list of twelve cases,
none of which were to be tried by jury.
SERISIER v. McGUINIS - Plaintiff claimed £13 18s. 6d. - balance
due on defendant's dishonoured cheque. Undefended. Verdict accordingly.
SERISIER v. ROBERTSON - Claimed £20 1s 6d for goods sold. Undefended.
Verdict for that amount.
SLATTERY v. BROCKLEHURST - The plaintiff claimed wages as storekeeper
at £60 per annum for two years and one month, on the station known
as "Weemobong", the property of the defendant jointly with his
brother and Mr. CORNISH.
Mr JAMES appeared for the plaintiff.
James SLATTERY stated that he had agreed with Mr. Walter BROCKLEHURST
to take charge of the stores at Weemobong, and to receive the same rate
of wages as he had previously had for like services at another station
of these gentlemen (£60 per annum). Mr. Walter BROCKLEHURST was
obliged, by ill health, to leave the colony some time last year, and then
told the plaintiff he left him to the care of his brother, the defendant.
He admitted having had some cash and stores, stating the amount.
The defendant admitted his joint interest in the station and all that
concerned it, with his brother Walter and Mr. CORNISH, and did not dispute
the time of service or the rate; but had resisted the claim, understanding
that Mr. MULLER (a sort of superintendent) would se(ttle?)
Verdict for plaintiff, £79 2s 5d.
DEAN v. IRVINE - Claimed £8, for balance of plastering work, and
15s for cartage done by plaintiff for defendant, who is chief constable
Mr. JAMES appeared for the plaintiff.
The evidence of the plaintiff showed there was a written contract to perform
the work for £34; that it was done, and so far approved of by defendant
that he paid £10, and named a time for payment of balance; subsequently
£16 was paid without complaint, but months afterwards, when applied
to for the balance, defendant said, "I don't intend to pay you any
The defendant, on being called, said, "I don't appear, your Honor".
The Judge replied, "Well, I don't wish to see you" and immediately
asked the bailiff of the Court whether the defendant was present.
Mr IRVINE then sprung on his feet, and took a technical objection to the
summons; this being disposed of, a defence was set up that the work was
not according to contract.
His Honor adjourned the case to admit evidence of witnesses; when produced,
however, it utterly failed, and a verdict went for the plaintiff for £8
Friday, October 18th
Present - The Police Magistrate, His Worship the Mayor, and G H COX, Esq.,
Joseph CROSSLAND was fined 10s or 24 hours' imprisonment, for being drunk.
Bridget LOUTTON was summoned for £7, for wages due.
Mr. JAMES appeared for the defendant.
Elizabeth PASCOE said she was engaged by defendant to wash and do other
house work at the rate of 5s per day; she had served twenty-eight days,
and was unable to obtain the amount due to her; she could not say how
long, or what month she had engaged with defendant.
Bridget LOUTTON denied engaging defendant for longer than a single day,
for which she paid her 5s; having know her for some time, she was in the
habit of calling frequently at the house, when she sometimes washed up
the dinner things, in return she had her meals; complainant always came
for her own pleasure and having known her for some time, she (defendant)
There being no other evidence, the case was dismissed.
William BISHOP, summoned under the Masters and Servants Act for £13
Peter GUYLEEMONI said he hired to clear about five acres of ground for
£13, and to make a water hole for 15s; the work was completed according
to the agreement, but defendant refused to pay any money.
Defendant denied having engaged complainant; the land belonged to Mrs.
WARREN, who was willing to pay the money as soon as the contract was completed.
He (defendant) was only a witness to the agreement.
Complainant said BISHOP hired him, showed him the land, and was satisfied
when he saw the work done.
Stephen BYRONDLODGER, was present when the agreement was made; the stumps
were to be taken out one foot deep, all holes to be filled up, the logs
to be cut up into pieces and rolled to the fence; nothing was said about
the roots being taken up; he saw the work when it was partly done, and
it was finished according to agreement; he had not been on the ground
For the defence.
Mrs. WARREN said the ground belonged to her; she had engaged with a man
of the name of WRITER to clear it, and to take out all roots, so that
it might be fit for the plough. He gave her a written agreement to that
effect, which she produced, and which she said she had read to the complainant
when he agreed to do the work in the place of WRTIER. The land was now
in a worse state than when the complainant first went upon it.
The Bench said, from the evidence, the case did not come under the Masters'
and Servants' Act, and that they had no jurisdiction; they, therefore,
On Thursday, W KING, Esq., the Coroner for this district, held an inquest
at Stoney Pinch, upon the body of William P HODGE, lying dead there.
William HYSLOP deposed that he was acquainted with deceased, who he knew
as William Patten WATT. On Wednesday he gave him directions to hold a
log on one side with a handspike; a person of the name of HODGE and himself
went to the other end of the log, and succeeded in removing it about three
feet, when perceiving the log rolling he called to the deceased to get
out the way, the log shortly after struck him on the calf of the leg,
knocked him down, and then rolled over him. When he (witness) got up to
him he found the blood rushing from his mouth.
Robert Neal HODGE said deceased, William Patten WATT or HODGE was his
grandson; they were yesterday engaged moving a heavy log down a steep
hill; it rolled rather too far, and deceased attempted to stop it with
a handspike. He got a little in front of the log, when the handspike happening
to fall from his hand the log caught him on the leg and rolled over him,
he immediately afterwards took him up in this arms a lifeless corpse.
Notice was at once sent to Mudgee.
Arthur Thomas PIGGOTT CUTTING stated that he was a duly qualified medical
practitioner; he had examined the body, and was of opinion that death
was caused by violent cerebral compression.
The jury returned a verdict, that the deceased came to his death by the
rolling of a log accidentally over his body.
Wednesday, October 23, 1861
I Hereby caution the public from giving any credit to my wife, CHARLOTTE
BALLARD (maiden name Charlotte MILTON), on my account, as I will not be
responsible for any debts that she may contract after this date.
(x His mark), October 13.
STOLEN or strayed from Coonamble, a Bay HORSE, two hind feet white, branded
JKJJ near shoulder; saddle marked both sides. £5 reward will be
given, if stolen, on conviction of thief, or £2 if strayed, on delivery
to P McMAHON, Coonamble.
STOLEN or strayed from Merri Merri Creek, Big River, a Black HORSE, branded
ICPT. £1 reward if strayed, on delivery to Robert FROST, Mudgee
or £10 if stolen on conviction of the thief.
LOST a Bay HORSE from a team at Tunnabutta, branded IT on near shoulder;
star on forehead, and star on back; had on when lost a bell and hobbles.
The above reward will be paid on its restoration by Peter M'PHEE, Burrundulla.
TO BE LET
A BAKERY, SHOP, &c, complete, with good stable and yard, situated
in Market-street, near Dickson and Burrows' store. For particulars apply
to Mr. J J WILSON, Burrundulla Hotel, Burrundulla road, or to the office
of this paper.
PRE-EMPTIVE PURCHASES APPROVED
27th September, 1861
E B CORNISH and A CRUICKSHANK, Murrumbidgeree Run, 320 acres, £320
A CROXON, Coonabarabran Run, 3 roods, 23 perches, £7 3s.
A CROXON, Coonabarabran Run, 2 acres, 3 roods, 25 perches, £23 5s.
A CROXON, Coonabarabran Run, 2 acres, 1 rood, 3 perches, £18 3s.
A CROXON, Coonabarabran Run, 3 acres, 24 perches, £25 4s.
A CROXON, Coonabarabran Run, 2 acres 2 roods, 20 perches, £21
W. ROBINSON, Tilga Run, 316 acres, £316 plus cost of measurement
John SMITH, "Boree Cabonne" Run, 240 acres, £240 plus
cost of measurement £7
John SMITH, "Boree Cabonne" Run, 223 acres, £223 plus
cost of measurement £7
John SMITH, "Boree Cabonne" Run, 480 acres, £480
John SMITH, "Boree Cabonne" Run, 320 acres, £320
John READFORD, Gunnegeldra Run, 7 acres, 1 rood, 16 perches, £9
Monday, October 21
Present the Police Magistrate, and his worship the Mayor.
William JONES, charge by constable KELLY with being drunk in Perry-street,
was fined ten shillings.
Tuesday, October 22
Present the Police Magistrate, and his worship the Mayor, R LOWE and T
T BLACK, charged by Mr. HARDY, chief constable, with being drunk in Market-lane.
It being his first offence, and having been in the lock-up since Sunday,
he was discharged.
Daniel HERN, charged with drunkenness.
C HARDY, chief constable, said it was prisoner's seventh offence.
HERN pleaded for forgiveness, and the fact that when drunk he was harmless.
The Bench said they were inclined to send him to Bathurst, and would do
so the next time he was brought before them, and fined him 20s, or forty-eight
hours in the lock-up.
W BALL, summoned for trespass of pigs.
Defendant not appearing.
Constable MILLER proved the service of the summons.
M H LYONS - the complainant said that he was constantly annoyed by defendant's
pigs: on the 16th instant he found nine pigs in his lucerne paddock;.
He drove them to defendant's yard and demanded 45s damages. The Act allowed
him 10s each, but it was not the money he sought; he wanted to be rid
of the nuisance. Defendant had nearly 50 pigs, which were constantly running
about the neighbour's places.
The Bench said that they had received a letter yesterday, complaining
about the nuisance the same pigs were to the whole neighbourhood, and
recommended that some of the inhabitants prefer a charge against the owner,
which would lead to their removal. Fined 45s and costs.
Saturday, 26 October, 1861
CAUTION TO THE PUBLIC
Lost, near the Carriers' Arms, Market-square, Mudgee, a CHEQUE for £25
drawn by Thos. NEW in favour of J HILL on the Bank of New South Wales.
Any party finding it and returning it to the undersigned will be rewarded
for their trouble.
A. M'DONALD, Slapdash.
FOUND on Gillgander Run, a Chestnut HORSE, about sixteen hands high, short
tail, branded AC TT near shoulder. The owner can have him by paying the
costs of advertising.
Thomas BYRNES, Gillgander, Castlereagh River.
I have in my possession a Bright Bay HORSE, black points, branded S on
the near shoulder, W on the off shoulder. The owner can have him by paying
the reward and all expenses.
R. GLASSCOCK, Digger's Home, Upper Meroo, October 17.
STRAYED into my paddock, Two HORSES, appear broken in; a Dapple Grey Horse,
branded DB near shoulder; one Dark Brown Horse, two hind fetlocks white,
star on forehead, white spots under, blind off eye, branded 2 near shoulder,
and some other brand under. The owner can have them by paying the expenses.
John COX, Broomby, October 1st.
STOLEN or strayed from Ryalstone, an iron-grey piebald HORSE, aged, white
face and white legs, branded GB conjoined, ML conjoined near shoulder.
£10 will be given if stolen, on conviction of the thief; £1
10s. if strayed, on delivery to Abel HARRIS, Ryalstone.
TWO POUNDS REWARD
LOST, a Black HORSE, branded IF on near shoulder, IG over W on off shoulder;
has gone back to the run where he was bred - the Flatlands, near Rylstone.
Any person delivering the horse to Mr. Thomas SHANKLING, Flatlands, or
to Isaac GARRATY, Lawson's Creek, will be paid the above reward.
John WALDEN, late of Guntawang, begs to inform his friends and the public
that he has commenced business as BLACKSMITH at MUNDOORAN, and trusts
by strict attention and moderate charges to merit their support.
Horses carefully shod.
John WEBSTER, of Mudgee, not being satisfied with his late defeat, is
ready to run FREEMAN, of Bathurst, One Hundred Yards for One Hundred Pounds.
WEBSTER will give £15 to run in Mudgee, or will take £15 to
run in Bathurst. The challenge remains open one month. The money is ready
at READFORD's Maitland Hotel.
Friday, October 25th
Present - The Police Magistrate, his Worship the Mayor, G H COX and E
William RUTHERFORD, charged with an assault.
Mr. CLARKE (for TEMPLETON) appeared for complainant.
Mr. BRODRIBB for defendant.
Jessy RAY said on Saturday last defendant was abusing her husband, she
went over towards him to interfere, when he called her bad names and frightened
here; she then took up a stick to defend herself, which defendant knocked
out of her hand, and caught her by the back of the neck, threw her down,
and kicked her.
For the defence.
John O'MARA said he was present at the time of the dispute; complainant
came up with a piece of wood in her hand, and used abusive language; defendant
took the wood away from her, and gave her a push, but did not kick her.
The Bench said it was a very paltry charge and fined defendant 1s and
William RAY, threatening language to Samuel RUTHERFORD.
Mr. CLARKE, on behalf of defendant, pleaded guilty, and in mitigation
of punishment said it arose through not liking to see his wife assaulted
as proved in the previous case.
The Bench bound defendant over for six months to keep the peace.
William RAY for wages due.
S. RUTHERFORD, said he agreed on the first of November at 20s a-week,
together with board for himself, wife and children; to saw for defendant
he continued working until the 16th February.
Mr. CLARKE said the case must be dismissed on the ground that six months
had elapsed before the information was laid.
Case dismissed, the Bench not having jurisdiction.
William RAY, for £4 wages due to J O'MARA.
Defendant admitted the debt, and said he would pay as soon as he received
the money for a load of wood, which was on the way to Mudgee.
The Bench made an order that the amount be paid in three days.
John SWORDS, Thomas NEW, Thomas McCOY, E FOLEY, T NEWMAN, Joseph TAYLOR,
M SADDINGTON were severally fined for breaches of Towns' Police Act, in
allowing horses, cattle and calves to stray in public streets.
James PAULING, was charged with a breach of the Impounding Act.
Mr. JAMES appeared for Mr. SYMES, the complainant.
Mr. CLARKE for defendant.
Mr. JAMES applied on behalf of his client that the case might be remanded
in consequence of the illness of the poundkeeper's daughter.
Mr. CLARKE objected to any delay, the defendant having come all the way
from Merrendee to answer the charge; he likewise applied for a dismissal
of the case on the ground of informality in the information.
Mr. JAMES not having a medical certificate of the indisposition of Miss
The Bench said they had no alternative, and dismissed the case.
Wednesday 30 October, 1861
Agents for Western Post
Bathurst, SIMPSON, William-st
Bowenfels, William CORDERY
Cobbera, J BLAKEMORE
Coolah, John M'CUBBIN
Coonabarabran, Wm. FIELD
Coonamble, James M'CUBBIN
Erringganerring, H WINTERS
Keen's Swamp, W RUSSELL
Grattai, Edward COVER
Little Hartley, George JARVIS
Long Creek, C WHITFIELD
Louisa Creek (Hargraves), T SPRATT
Merri Merri, Samuel NIXON
Mundooran, David COCKBURNE
Merriwa, David MUNRO
Narrabri, Namoi River, George LEWIS
Oakey Creek, __ALLISON
Orange, James DALE
Rylestone, Dr. WESTON
Sydney, GREVILLE, Bridge-st.
Urawilky, James HALL
Wallgett, C J HUNT
Wee Waa, Wm. THURLOW
Windeyer, Robert H SMITH
Tuesday, October 29th
Before the Police Magistrate, his Worship the Mayor, and G H COX, Esq.
John McDONALD, alias Strike-a-light, for being found lying drunk in the
public streets on Saturday last, and also for being a rogue and a vagabond.
Constable MORAN said he found the prisoner in Market-street on Saturday
last lying down drunk. Has known prisoner for seven or eight months. The
prisoner has done no work during that time. Has no residence, and no means
The Bench, after cautioning him to leave the district at the termination
of his present imprisonment, sent defendant to gaol for seven days.
William SIMPSON was charged by Edward BAYLY with having, on Sunday evening
last, called him a lying villain, and using other language calculated
to incite the complainant to a breach of the peace.
A dispute, it appeared, arose with regard to some of defendant's cows,
and the result was some very indecorous language.
The Bench, remarking that it was a very unhappy mode of spending a Sunday
evening, fined the defendant 10s., and 3s. 6d. costs.
COX v. MACKENZIE, to obtain possession of a farm on Menah Flat, was postponed
to Friday next.
Elizabeth SCOTT was charged by Sarah KENNEDY with having called her names,
and used insulting language to her in Market-street, on Monday, the 21st
instant. The quarrel arose at first between the children of the two parties,
and the Bench, considering it six of one and half a dozen of the other,
fined the defendant 1s., and 3s. 6d. costs.