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Proceedings from the Armidale Circuit Court

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Thursday 18 April 1878, The Maitland Mercury & Hunter River General Advertiser

(Abridged from the Armidale Express, April 12.)

The above court opened on Tuesday April 9, before his Honor Mr. M. H. Stephen, Acting Judge. Mr. Cecil Stephen prosecuted.

Patrick Swindell was charged with obtaining a gun by means of false pretences. He pleaded not guilty. The prisoner obtained the gun from one Michael Bourne, by representing that he had been sent for it by one Robert Allen, to whom it belonged. The statement proved to be false. Defendant offered no defence, except that it was his intention ultimately to return the gun. He was found guilty, and sentenced to four months’ imprisonment in Armidale gaol.

Benjamin Hardy was indicted for stealing a mare and foal, the property of Bernard Quinn, at Stonehenge, on the 13th March. There was a second count, for receiving. The prisoner and Bernard Quinn camped under a waggon near the Stonehenge publichouse, on the 13th March last ; Bernard’s mare was in the public house yard: in the morning he missed both prisoner and the mare; he gave prisoner no authority to take the mare. Senior sergeant Walker subsequently arrested the prisoner, who in reply, said ” All right;” prisoner was not sober at the time. The prisoner was found guilty, and sentenced to be imprisoned in Armidale gaol for 18 months, with hard labor.

John Sydney Williams was indicted for stealing a silver watch, the property of William Giggie, at Elsmore, on the 27th January William Giggie and prisoner were at Elliot’s public house at Elsmore, on the 20th to 27th January last, drinking together; Giggie went to sleep, and when he awoke he missed his watch ; prisoner was in the room when he went to sleep. Prisoner denied that he had taken the watch. It was afterwards found upon him. The jury found the prisoner guilty. To be imprisoned and kept to hard labour in Armidale gaol for 11 months, which would make up 12 months, including the time prisoner had been already imprisoned.

Michael Whitesides was indicted for stealing a watch, the property of Frederick Jackson, at Glen Innes, on the 10th March. There was a second count, for receiving. On the day mentioned prosecutor was at the Telegraph Hotel, Glen Innes ; prisoner was knocking about when he left; he missed at a coffee house his watch from his pouch in which he carried it : subsequently prisoner took the watch to Buckley, a watch repairer, and asked what would be the price of a pair of hands ; upon seeing the watch Buckley said it was a stolen watch; prisoner said he had bought it at the corner house, of a man, for £3 ; Buckley gave the watch up to the police, and prisoner was apprehended by constable Rowlands, in an old building, at which time he said the watch he had taken to Buckley’s was his own-he had bought it of a man for £2, at the top house. Prisoner was convicted, and ordered to be imprisoned in Armidale gaol four months, with hard labor.

William Foster and Joseph Benjamin Dawson, were jointly indicted for committing a rape upon the person of Sarah Redmond, Boorolong, on the 10th December, 1877. The prisoners were defended by Mr. J. Dillon, instructed by Messrs Simpson and Mitchell. Evidence was given as to the arrest; and the prosecutrix was called, and deposed : My sister in-law beat me, and told me to say it was the prisoners William Foster and Joseph B Dawson ; they were not the men who abused me. His Honor remarked that, after this testimony, it was useless to go on with the case. The prisoners were thereupon acquitted and discharged.

Margaret Whitfield was indicted for stealing, from the person of Patrick Henry, a purse and £6 in notes, at Deepwater, on the 4th March. The prosecutor was at Collins’s public house, Deepwater, and a little “boosy ;” prisoner was also there. The prosecutor missed a five and a one pound note, and suspicion having fallen upon the prisoner, she was searched, but nothing found; some days after she applied to the police for protection, saying she was in want ; she was questioned as to a note she had changed at a store ; and searched ; while being searched, it was found she was chewing a five pound note in her mouth. She was found guilty, and sentenced to twelve months’ hard labour in Armidale gaol.

In the case of Catherine Rutledge, who had been committed for cruelty to her infant child, the Crown Prosecutor declined to prosecute, as no actual injury had occurred to the child. The prisoner was discharged.

Written by macalba

October 1, 2010 at 8:09 pm

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