Hullo List - once again thanks Annette - At last I have found a name I'm researching in your snippets. Thomas KENNING mentioned in the death enquiry of Thomas TARRANT. I'm wondering if he was same Thomas KENNING m to Mary Ann JOLLY and bro-in-law of my forebear Martha JOLLY. Is anyone researching KENNING or JOLLY. I have the following - Thomas m Mary Ann, Mudgee, c1854 He d 1896, Parramatta, she d 1916, Belar Creek As far as I can see they had 12 children, only 2 of whom reached adulthood. Would love to hear from anyone researching KENNING or JOLLY of both! TIA, Alice.
From Western Post 2nd March 1861: LOOK TO YOUR FASTENINGS At half-past four o'clock on Friday morning, the inmates of Mr HOWARTH's residence were disturbed by loud cries of "thief! thief!!" proceeding from a detached building occupied by a servant. Mr HOWARTH, on going to see what was the matter, found the woman in a great fright, and the contents of her box scattered all over the place. It appeared that she was first disturbed by something touching her feet; she sprang up, and was in the act of striking a light when a man knocked the match box out of her hand, struck her on the face, and ran away, leaving his coat, boots and hat behind. The only prize he carried away was a purse, containing a few pieces of paper, and a packet of hair, which , he doubt, took to be notes. A short time since a party broke into Mr G WALKER's house,but was, fortunately disturbed. A few nights after, an attempt was made to force an entrance into Mr E CLARKE's residence. Mr. CLARKE, upon getting up in the morning, found the parlour window wrenched! open. The parties had evidently been interrupted, as they left behind an aze and some other instrument. LOUISA CREEK, HARGRAVES From our Correspondent WHEW! What a hot day yesterday was; so was the dinner, with scarcely a breath of wind to cool it. This observation escaped me whilst quaffing a cup of that refreshing beverage (wine) at a marriage which took place in the quiet little hamlet of Hargreaves. There were upwards of thirty people present at the marriage ceremony, and it proved one of those few bright Gala days which so seldom disturb the serenity of this little spot. "Where peace and plenty happily reside And rustic swells acknowledge it with pride". The wedding was held in Mr George YOUNG's ball-room, which was got up in A.1., style, and was both numerously and respectably attended, while the refreshments did honour to the hands that prepared them; the people of Louisa Creek acted nobly on this occasion, never did it so completely empty itself; being a resident here for some few months I accepted a card for the pleasure of enjoying a few spare hours, for the host of ladies who honored us with their presence, and whose brilliant dresses contrasted with the brightness of the day, made this one of the most picturesque I have ever seen. "Both great and small were dressed in all The rainbow hues so showy; While some were seen in Linoln green, And some in garments snowy". I tarried till the last of the fair visitors disappeared, and as I turned to leave the place mentally ejaculated:- Sic transit gloria mundi! I have very little to say respecting the aspect of the diggers, everything seems to be very lively here at present; those staying at our diggings are doing very well. In my next, I shall be able to send you more local matter, fearing that I may take up more space than I ought in your valuable journal, I will now conclude. ***END*** Annette Piper Please note: Every effort has been to transcribe the above information correctly, however errors may have inadvertently been made. Spelling of surnames/places as appears in original.
From Western Post, 2nd March 1861: SUDDEN DEATH On Thursday, Dr. KING, coroner for the District, held an inquest at Burrundulla on the body of Thomas TARRANT, the well-known fruiterer of Mudgee. Thomas TARRANT, being duly sworn, stated that the deceased was his father; they were fishing together yesterday. About half-past six o'clock he walked slowly down the river, taking to his father as he went, and when about a hundred yards distant, he fancied he heard his father speak; on looking round, he saw him roll over and afterwards get on his hands and knees and crawl a couple of yards from the water, moaning all the time. He called out two or three times to know if he had hurt himself, and not receiving an answer, he ran up to him; he was still on his hands and knees, gasping and unable to speak. He then turned him on his back, when he changed countenance. With the assistance of Thomas KENNING, his brother-in-law, he was conveyed to the house. To the best of his belief, he was dead before they got him over the creek. He had had a cough for sometime past, and was troubled with difficulty of breathing. Thomas KENNING was fishing at the time some fifty yards above the deceased; seeing one of his daughters running down the bank he went to see what was the matter, when he found Thomas TARRANT holding up his father's head; he heard him breathe only once; on getting him into the house he bathed his breast with brandy. Arthur Thomas Piggott CUTTING, stated that he was a duly qualified medical practitioner; he had examined the body, and, in the absence of a post-mortem examination, his opinion was that deceased came to his death by the bursting of an internal aneurism. Dr. KING having read the evidence, the jury returned a verdict of "death by the visitation of God". ***END*** Annette Piper Please note: Every effort has been to transcribe the above information correctly, however errors may have inadvertently been made. Spelling of surnames/places as appears in original.
Robert, You can send it to me and I will have a look at it .... no promises <G> !! Cheers Jennifer --- Outgoing mail is certified Virus Free. Checked by AVG anti-virus system (http://www.grisoft.com). Version: 6.0.384 / Virus Database: 216 - Release Date: 21/08/02
Robert - our group puts a photo in the paper every month asking for identification of people etc. This photo may be suitable if you could send me a hard copy. email me privately if you are interested. Alice.
From Western Post, 2nd March 1861: DIABOLICAL MURDER AT AVISFORD BY A CHINAMAN Information has reached us of ht brutal murder on Wednesday of Mrs MONIES, the wife of a respectable publican residing at Avisford, Meroo, by a Chinaman. The following particulars have been received from an authentic source. It appears that the Chinaman, who was in the employ of Mr MONIES as cook, was desired by Mrs MONIES to fetch a bucket of water, and put it in a large pot on the fire for some particular purpose. In the course of half an hour Mrs MONIES went into the kitchen, and finding that her orders had not been obeyed, remonstrated with the cook, who in return was very insolent, demanded his wages, and commenced packing up his clothes. Mrs MONIES is supposed to have refused to pay the fellow his wages, and to have struck him with the broom. The Chinaman ran to the wood heap, and picked up an American axe, which he threw at Mrs MONIES, and which caught her on the back of the head. She fled to Mr MERRITT's, finding the door of the house shut, she sought refuge in the creek, where the Chinaman pursued her, axe in hand. Upon coming up to her he struck a blow which clave her head almost in two; he repeated his blows ! till, it is said, the he head of the unfortunate woman was literally hacked to pieces. One severe blow in the shoulder split the blade bone. The wretch was shortly after secured. Upon he told that he would be hung for it, he replied that he did not care, that he was very sorry he had not killed all the children. Mr MONIES was absent at the time, being at work a few miles down the Meroo. There being no police stationed at Avisford, four of the inhabitants marched him to Louisa. We need scarcely add that the whole neighbourhood is in a state of great consternation. The event is likely to increase the ill feeling towards the Chinaman a hundred fold. [We are enabled, through the kindness of Dr. KING, who called at our office as we were going to press, to announce that he had held an inquest on the body of Mrs MONIES, which resulted in a verdict of willful murder against the Chinaman.]
From Western Post, 2nd March 1861 Friday, March 1 Before Messrs LYONS and MARLAY A shepherd by the name of DAVIES summoned Mr A B COX for £5 4s, being a balance of wages due for driving a flock of sheep to Nombie. From the evidence it appeared that the man was entrusted with a number of sheep, and to ensure safe delivery of them was paid extra wages. A letter had been received from the station stating that DAVIS had not delivered the proper number. DAVIS on his return demanded his wages, which were refused on the ground of the loss sustained through the deficiency in the number of sheep delivered. There being no written agreement, the Bench said no doubt it was a very hard case; they, however, had no alternative but to make an order for the amount, Mr. COX's only redress being action in the Small Debts Court. John JOHNSON was summoned for assaulting John DILLON. Mr G H COX said DILLON was prevented coming to Mudgee on account of his horse being knocked up; he had sent word that he was willing to withdraw the charge provided JOHNSON paid the expenses; if not, he requested that the case might be remanded. JOHNSON refused the offer, saying he preferred standing on the merits of the case. Mrs JOHNSON, who was in Court, requested the Bench allow her to pay the money, and that the case might be withdrawn. Agreed to. Henry Francis JOHNSON and John JOHNSON, sons of the above, were charged with being unlawfully in the fruit garden of Mr A B COX about four o'clock on the morning of Monday last. It appeared that the boys had been in Mudgee all night; that they returned early in the morning to Burrundulla, pulled down part of the garden fence, and were caught by a man of the name of BEVAL, who picked up a coat belonging to the father. Mr COX, only wishing that they boys should be reprimanded. The Magistrates called the mother and pointed out to her the necessity of taking more care of them. The boys were then severely cautioned and discharged. W BALL was fined 20s. for using obscene language in the hearing of the family of John WILLIS, blacksmith, Market-street. ***END*** Annette Piper Please note: Every effort has been to transcribe the above information correctly, however errors may have inadvertently been made. Spelling of surnames/places as appears in original.
From Western Post 2nd March, 1861 POLICE Tuesday February 26 Before Messrs LYONS, CADELL, MARLAY and MURPHY Patrick BOYLE was charged with being drunk in the public streets. This being his first offence and considering he was only on a visit to the town, he was discharged. Catherine McDAID was charged with being drunk, and unable to take care of herself. Defendant confessed the charge, and pleaded to be let off, this being the first time she was ever in such a position, and should be the last. The Bench accepted the promise and discharged her. Elizabeth PIPER sentenced to two years in Bathurst Gaol, was put into the dock for refusing to take the journey on foot. In reply to the Bench she stated that on the occasion of her late journey she was taken so ill on the road that the male prisoner who accompanied her had to carry her things, at at times even herself; that she had a bag leg now, was by no means strong, and sooner than attempt the journey she would rather take a dose of poison. Dr. RAMSAY, who was in Court, said his opinion was that the woman was constitutionally unfit for such a walk, especially after the manner of life she had lately led. Under the circumstances it was decided that arrangements should be made to convey her to her destination. The case of WOODS against TEBBUTT respecting the tenancy of the building in Gladstone-street, was again brought forward. Mr. MARLAY inquired if there was any fresh evidence as to the tenancy. On the previous occasion the evidence merely showed that there was a dispute between the parties respecting certain accounts. Mr BRODRIBB, who appeared for the prosecution, said that Mr MACAFEE had since been to Sydney, and that they were now prepared to prove the letting of the premises to Mr TEBBUTT. Mr JAMES appeared for Mr TEBBUTT. Mr WOODS was then sworn. The deposition of his former evidence having been read, he further stated that on leaving Sydney to take possession of the property named in the bill of sale, he was ordered by Messrs MACARTHUR and Co. to let part of the dwelling-house and post office to Mr TEBBUTT at 1s. per week. On Saturday, March 10th, he informed Mr TEBBUTT of his instructions, to which he made no objection, and that he had on several occasions paid him the rent, entries of which were made in a cash-book, which was put in. There was no written agreement. He wrote to MACARTHUR and Co. respecting the arrangement. [Mr MACAFEE swore to the correctness of his evidence on the first occasion. Letters containing the correspondence between Messrs MACARTHUR and Mr TEBBUTT were put in and partly read]. Mr BRODRIBB addressed the Bench as to these letters, together with Mr WOODS' evidence, being sufficient and conclusive evidence as to the creation of a tenancy, to which Mr. JAMES briefly replied. The Magistrates said they were still of the same opinion, and must again dismiss the case for want of more definitive evidence as to proof of tenancy. ***END*** Annette Piper Please note: Every effort has been to transcribe the above information correctly, however errors may have inadvertently been made. Spelling of surnames/places as appears in original.
Among my grandfather's old photos is a shot of a small town. It is a rather odd shot as it is taken either from a low flying aircraft or possibly a church-steeple or rather high building. The land is very flat. There are few trees. There appears to be a railway station. I am having trouble identifying the location, it does not seem to any of the towns known to be associated with my relatives in the 20th century. If anyone wants to have a go at guessing the town, please let me know and I will email you a copy of the photo. Robert
From Western Post, 23 February 1861: £5 REWARD Stolen or Strayed on Wednesday last, Feb 13th, from Mr DOUGLAS's Paddock, Macdonald's Creek, one light Bay Horse, branded WHHM on near shoulder, saddle marked on the back near side and on the withers off side. £5 Reward, if stolen, will be given on conviction of the thief, or £2, if strayed, on delivery of said horse to Mr W BROOKS, or Mr Wellington HUME, Burrundulla. £20 REWARD Notice is hereby given that the above reward will be paid for information leading to the conviction of the parties who stole, on the evening of January 22, Two Bay Horses, one branded XJ on near shoulder, and HH on off shouder; the other TM CW on near shoulder, HH on off shoulder. The horses has since been found between Mudgee and Cassilis in a most shameful condition. Information is requested to be given to Mr HARDY, Chief Constable of Mudgee; or to Henry HINES, care of Mr BARNETT, Coach and Horses, Elgin-street, Maitland. Notice to Stockowners In a herd of my cattle, now on the road to Mudgee for sale, is one bullock with an illegible brand, and one Cow branded F F. The owner of either of them can have them, or the price they realize, less expenses, by applying to the undersigned; and if not claimed within three months the proceeds will be handed to the Mudgee Hospital. James HALL, Urawilky, February 12th. ***END*** Annette Piper Please note: Every effort has been to transcribe the above information correctly, however errors may have inadvertently been made. Spelling of surnames/places as appears in original.
From Western Post, 23 February, 1861: Friday, February 22. Beofre Messrs LYONS and MARLEY. George CROFTS charged with assaulting and using improper language to his wife. Amelia CROFTS said that the defendant her husband had only contributed 17s 6d toward the support of herself and children since Christmas, and as she could not starve, she had exerted herself to keep them by taking in washing, and had engaged a woman to help her. A few days since her husband, who was doing no work, came home, and after called her names unfit for publication, said he would allow no more washing to be done in the house, and commenced pulling the clothes off the line upsetting the wash tubs, and said that if she dared to put up her arm to prevent her from doing so he would break it. The landlord of the house had that day applied for the rent, she asked her husband for the amount, he called her a ______ _____ , and she was to pay it herself the best way she could. She said she was quite willing to work for the maintenance of herself and four children, but would not keep her idle husband, who could, if he liked, support his family. CROFT, in defence, said he was willing to support his family, and had given his wife 17s 6d since Christmas. He did not approve of her following the occupation of washing neither did he see that there was any reason for her to annoy him when he came home, with the noise occasioned by ironing when he wanted to go to sleep. If she worked from six in the morning till six at night it was quite long enough. The Bench having tried in vain to reconcile the parties were obliged to dismiss the case on account of there being no evidence as to the assault. The poor woman seemed to be much surprised at the decision. (By consulting a professional man she will find she has her redress, and that the magistrate will do her justice), There was a second case against CROFT for unlawfully assaulting the woman who assisted his wife in her washing. Mary FREEMAN having been sworn, said on the 15th February CROFT came home and ordered her out of the house, as he would have no more washing done. He then upset the tub, threw the clothes all over the place, and pushed her out of the house. Upon asking him for her wage, he said "You ______, if you come here again, I will knock your ______ brains out with this rail", and otherwise used her very roughly. CROFT, in defence, said he had only gently led her to the gate. Complainant not wishing to press the charge, as she had not been much hurt, the case was dismissed, the Magistrates cautioning CROFT against being brought to Court again. ***END*** Annette Piper Please note: Every effort has been to transcribe the above information correctly, however errors may have inadvertently been made. Spelling of surnames/places as appears in original.
From Western Post, 16 February 1861: Friday, February 15. Before E MARLAY and M H LYONS, Esqrs, JPs A GOOD RIDDANCE Elizabeth PIPER was brought up for being drunk and using obscene language in the public streets. Constable MILLER said he took her in custody yesterday morning for lying in a state of intoxication and using language unfit for publication. Chief Constable HARDY said he had known prisoner two years as a most disorderly character. She had been in custody on a charge of felony, and there was a case at the present time pending against her. She had been sentenced to Bathurst for twelve months, and had since her discharge been before the Bench ten or twelve different times. Prisoner earnestly pleaded to be excused this time; she was desirious to go and get her head dressed, and would promise never to go back to her husband again, who had been the cause of her present trouble, he having thrown a quart of milk at her. The Bench said that she was such an incorrigible offender that htye would send her to Bathurst for two years, where she would be taken care of. T E ANDREW, boot maker, was charged with being a prisoner of the Crown at large. Chief Constable HARDY said from information he had received he was induced to ask prisoner this morning how long he had been away from Cockatoo Island. He replied three years. In reply to a question respecting his district, he said he had done his time, and had his pass, but had lost it. He then took prisoner into custody, and had written to Sydney for information. Case adjourned. ANDREWS to appear when summoned. Mr A McPHAIL, of the Castlereagh River, appeared to answer a charge for furiously driving in the public streets. Constable CAMPBELL swore that a little after 9 o'clock this morning McPHAIL was spurring his horse and urging it at its full speed. He followed him to Market Lane, and took him into custody. Mr BRODRIBB, for defence, contended that it was necessary to prove that some one had actually been in danger. The Bench overruled the objection, and asked McPHAIL what he had to say to the charge? He replied he was a scrubber from the interior, and was not accustomed to a town life. He could not see that much harm had been done. The Bench said that they would discharge him this time, which rather surprised the defendant, who wildly exclaimed, "What! me, sir?" Mr H TEBBUTT appeared upon summons under the Landlord and Tenants' Act to show cause why he should not vacate the premises occupied by him in Gladstone-street. Mr BRODRIBB and Mr CLARKE (for TEMPLETON) appeared for Messrs. M'ARTHUR and Co., Mr James for Mr. TEBBUTT. Mr. WOOD deposed that that he was instructed by M'ARTHUR and Co. in March last to proceed to Mudgee for the purpose of taking possession of all property named in a bill of sale which he produced, and which was put in as evidence..(missing). writing for the delivery of the property, and obtained possession of the store and stock. Respecting the dwellinghouse and post-office, he told Mr TEBBUTT that it would be necessary for him to become a tenant, and agreed to let it to him at a rental of 1s a week. For a certain period Mr TEBBUTT paid the rent, but could not say exactly how many payments had been made. Mr MACAFEE, of Sydney, said he was in Mudgee arranging business matters with TEBBUTT and GULLEY. On the 2nd February a private account was presented to Mr TEBBUTT, which contained a charge for thirteen weeks' rent. After certain reductions were made he settled with Mr TEBBUTT by giving him a cheque for the balance. He then served him with notice to quit the premises. Mr TEBBUTT was greatly indebted to his firm. Mr WOODs recalled: Was present when the items were struck out. Would swear that 13s for rent was not one of them. Had at various times demanded the rent from TEBBUTT and was generally paid. G TAYLOR proved the execution of a deed assigning the property, and which contained a description of the premises occupied by Mr TEBBUTT. Mr JAMES, for the defence, first applied for a nonsuit on the ground that the serving of the notice had not been proved, which being overruled, he put Mr TEBBUTT in the box, who swore that he had never paid WOODS a single penny on account of rent for either house or post-office. Neither had he ever arranged to become a tenant. He would not swear that the words "paid H TEBBUTT" on one of the papers put in was in his own handwriting. The mortgage money had long ago been paid to M'ARTHUR and Co. Mr MACAFEE recalled: Would most positively swear that the account for £45 12s 1d was accepted by Mr TEBBUTT in his presence, and that it included the 13s due for rent, which Mr TEBBUTT never disputed, who read the various items over int eh account before receiving the balance. He again repeated that not the least objection was made to the 13s for rent. The Magistrates retired into their private room for the purpose of going through the evidence. On their return they said they both agreed that there was not sufficient evidence, and that they must dismiss the case. ***END*** Annette Piper Please note: Every effort has been to transcribe the above information correctly, however errors may have inadvertently been made. Spelling of surnames/places as appears in original.
From Western Post, February 16, 1861: POLICE Tuesday, February 12 Before E MARLAY, T CADELL and M H LYONS, Esqrs., J.P.s. Richard CAMDEN alias CRIB and Thomas SNOW were brought up on a charge of suspicion of having a number of stolen cattle in their possession. W J WESTON, chief constable of Cassilis, having been sworn, said that he and constable SCULLY apprehended the two prisoners on Friday, the 8th of the present month, for having in their possession 109 head of cattle of four different brands. They said they were not their cattle, they were drinving them for a Mr EASON, who resided on the Namoi. The cattle are now in charge of a constable. Yesterday a man came and said that he was the owner of them, and had authorized the prisoners to bring them to Mudgee. Josiah EASOM, proprietor of a station on Cumbee Creek, said the prisoners were his hired servants, and were engaged to take the cattle at so much per head to Mudgee. In answer to Mr WESTON, EASOM said that the cattle in the mob branded GF bellowed to Mr. FOSTER, they were stragglers. There was an arrangement between them that if they picked up each other's stray cattle and sold them that they should make a return, which he intended doing in this case. He had held his station between eighteen and nineteen years. The prisoners were discharged, and orders given that the cattle be delivered to them. Michael CONNOLLY was charged with unlawfully beating and assaulting his brother. Pat. CONNOLLY having been sworn, entered into a long statement of grievances, from which it appeared that on the day in question he was after cutting a little corn for his filly, when he saw Mike's goats helping themselves to the best of the corn; presently Mike comes up himself, so says he to him "You are come up at the very nick; are you not quite ashamed of yourself, allowing your creatures to destroy all the property, when you have the wide bush before you for feeding the animals? Why do then bother me in this unneighbourly way?" Upon which he told him he was a ______, and then wid a big blow fetched him down; the wife and all the children came out and roared about the place; he was so hurt that he knew nothing; his wife told him Mike knocked him down a second time. As soon as he came to again he went as he was, all covered with blood, to the magistrate. Being a cripple he was very easily hurt, and he though his brother wanted to make a finish of him altogether. W MARTIN, for the defence, stated that he was sitting in the hut during the row. Did not see Pat struck. There were about 10 rods and a fence between them. Was quite confident sure that he did not see the man knocked down or any blood. If he had been struck he had a right to have seen it. Defendant said he had paid for bringing the brother and family out, and sure it was better to be all quiet together than living this way. He would in future let the law take its right against complainant the next time he was vexing. The Bench said they would dismiss the case, but the next time either of them came before them, they would be most severely dealt with. ***END*** Annette Piper Please note: Every effort has been to transcribe the above information correctly, however errors may have inadvertently been made. Spelling of surnames/places as appears in original.
Hi, My interests are: William Martin 1850's+ Penrith/Blacktown possibly Mudgee Rose/Rosannah Martin nee McManus Penrith /Blacktown 1850 Charles Baker 1850's +Parramatta /Mudgee Eliza Baker1850's +Parramatta /Mudgee Sarah Baker1850's +Parramatta /Mudgee Thanks Patricia Thomas Manly Vale
Dear List members I am hoping there is someone out there that can help, I have been at a brick wall for ages with my Wilson family. Yesterday I received 2 certificates that have shed some light, my problem is that I would like to know if I am able to find out information on adoptions in the 1800's. My reason for this is that I have just discovered that my husbands Grandfather was born out of wedlock to Mary Ellen Myers in Mount Arthur,Montifiores in 1876, she also had a daughter Phoebe out of wed lock in 1880. Mary also died in 1880 and it is my belief that John Wilson adopted both children as Mary and John are on Williams marriage certificate and Phoebe is a witness. One of the certs that I got yesterday is John Wilsons death cert and the informant on that is Phoebe Wilson, Adopted daughter of John Wilson. If I could get information on the adoption, probably more parts of the jigsaw would fit.. Many thanks Cheers Margaret
From Western Post 16 February 1861, the following labour rates were noted: LABOUR RATES (mentioned in Sydney Prices Report) With board and lodging or hut-room and rations, per annum - Married couples £45 to £55, farm servants £30 to £35, surveyors' men £35 to £40, shepherds £28 to £30, hutkeepers £25 to £27, bullock drivers £40 to £50, carpenters £52 to £80, Blacksmiths £60 to £80, cooks and laundresses £26 to £30, general servant £20 to £26. ***END*** Annette Piper Please note: Every effort has been to transcribe the above information correctly, however errors may have inadvertently been made. Spelling of surnames/places as appears in original.
From Western Post, 16 February 1861: GAZETTE NOTICES Mr H L STEEL to be Surveyor and Line Inspector of the Mudgee end of the Electric Telegraph Line from that place to Bathurst. General Registry Office, Sydney 6th February, 1861 It is hereby notified in accordance with the provisions of the Act for Registering Births, Deaths and Marriages (19 Victoria, No 34), that Mr Frederick HOGGE has been appointed Assistant Registrar of Births, Deaths and Marriages, at Windeyer, for the District of Mudgee, during the temporary absence of Mr W H SWANN. C ROLLESTON, Registrar General. ***END*** Annette Piper Please note: Every effort has been to transcribe the above information correctly, however errors may have inadvertently been made. Spelling of surnames/places as appears in original.
From Western Post, 23rd February, 1861: POLICE Tuesday, February 19 Before Messrs CADELL, MARLAY and LYONS, JPs Edward METCALFE was summoned under the Masters and Servants Act for willfully damaging and destroying his master's property. John SMITH, of the Carriers' Arms, said that he entrusted defendant with two teams to fetch a quantity of loading from Sydney. Shortly after he had occasion to go to Sydney himself, when he met the teams on Piper's Flat. The horses all appeared to be in good condition. On his return from Sydney he learnt that the horses had been so disgracefully used, that two of them had died, and the others were unable to bring the drays to Mudgee. He consequently sent fresh horses to help them home. There were six horses to each team; they had about four tons between them. Part of the loading was lost, which he was answerable for. The horses had previously bought 5 tons, and on reaching Mudgee were so fresh that they went on with the drays to the Louisa. This time they had been so disgracefully treated that there was no part of their bodies but was covered with whip marks. The defendant had money given to him for the purpose of feeding them on the road. Edmond BROWN said, on Saturday fortnight he was near HART's at Cullen Bullen, with his dray, when he overtook SMITH's teams. One of them had two horses down. He stopped to give assistance, and asked the man why he did not unloose the trances. He replied with an oath that he would make the ____ horses get up as they were, and then with his foot and whip kicked and beat them shamefully on the head. Seeing he was determined to get them up his own way, he drove on to Mr HART's. Upon looking back he saw him still beating them, and presently say him hook two horses from the other team on to them and draw them on some yards, when the horses made an effort and got on their legs. He then gave them a tremendous thrashing. From HART's he proceeded to the usual camping ground, where after a while SMITH's teams came up, both the men riding. On their passing him, he walked up a little ridge, for the purpose of seeing how they got on, and saw the wheel of the dray locked in a tree.! The road was wide enough for three drays. In trying to extricate the wheel, the horse was thrown down. After unfastening it, they dragged it some few yards with the other horses till it got up, when it was shamefully whipped. John SMITH said he gave £26 for the horses which were killed. One of them was worth £40. Mr JAMES, for the defence, called METCALF, who said he agreed to drive one of the teams for 25s per week. He performed his work properly, and returned the horses that were entrusted to his care. SMITH, when he met them on the road, exchanged two horses, one of which died. He, however, had not charge of it, as it was in the other dray. He had the money to pay for tolls, &c. The Bench said they had no doubt as to defendant having used more than lawful violence, and that he was responsible to a certain extent. It was an offence which deserved being severely dealt with, but considering the deficiency of evidence, they would only make an order that the wages due should be forfeited. ***END*** Annette Piper Please note: Every effort has been to transcribe the above information correctly, however errors may have inadvertently been made. Spelling of surnames/places as appears in original.
From Western Post, 9 February 1861: POLICE Friday, February 8 Before M H LYONS, Esq., J.P. The case against DONOHUE for arson was resumed. James WALSH knew Mr BARRY, the auctioneer and Mr HUTCHINSON of the Mudgee Newspaper. Did not recollect saying that the man who set the stacks on fire was by this time forty miles away; if he did it was only said trifingly. Elizabeth PATTERSON resided at Oakfield; was on the farm on the night of the fire; saw DONOHUE about half-an-hour before it broke out; he had come from Mudgee; he went to bed shortly after; soon after she and Mrs DONOHUE went to bed; they all slept in the same room; did not go to sleep; seeing there was a fire jumped up and saw the three ricks were burning; she called out to DONOHUE, who, after going out to see the fire, returned to put on his trousers, and said he would go to Mudgee; did not see him again till he was brought up in Court on Tuesday. This being the whole of the evidence, the magistrate dismissed the case. A case against George CROFT for assaulting his wife was struck out in consequence of the non appearance of complainant. ***END*** Annette Piper Please note: Every effort has been to transcribe the above information correctly, however errors may have inadvertently been made. Spelling of surnames/places as appears in original.
From Western Post, 9 February 1861: POLICE Tuesday, February 5 Before Messrs. MARLAY and CADELL. M DONOHUE was placed in the dock and charged with arson. Chief Constable HARDY having been sworn, said that about 11 o'clock on January 31st, from information he had received, he went to Oakfield, where he saw three stacks burning. He went to priosner's residence, which is near the spot, but found he was not at home, having left about the time the fire commenced. He returned to Mudgee, and traced the prisoner to the residence of his father-in-law, whre he was found in bed with his trousers on. Mr.HARDY asked if he could give any information respecting the fire? He replied, "that they took fire like all at one time". The father-in-law remarked that if prisoner knew he would not tell, as none ofhte family had anything to do with it. Prisoner answered, "How do you know that it was not I who did it, and turning to him (HARDY) said, "To cut a long story short, I suppose you have come to apprehend me. I expected you." He then got out of bed, and was taken to the lock up; upon being searched, a few pieces of oaten hay were found ad! hering to his clothes. He had no shoes on; he found him about half-past one o'clock; he does not usually sleep in Mudgee, he resides on the farm where the stacks were burnt. The hay destroyed was originally the property of prisoner's father-in-law; it had been sold under execution for rent, &c. On being apprehended WALSH appeared very excited; was not under the influence of drink. He said that he went to bed a quarter of an hour before the fire broke out; the stacks were from 15 to 20 feet apart. By the prisoner: Saw a girl on his (HARDY's) nearing the house, who ran in and shut the door, upon his knocking heard some one tell her to open it. Thomas BALLARD, servant to Mr WARBURTON, of Oakfield, said he knew the prisoner; the last time he saw him was on the night of the fire, when he was in his stockyard, which adjoined the stacks. Mr WARBURTON desired him to go to Mudgee for assistance; the prisoner did not ask witness to assist him to put out the fire or to go to Mudgee. Mr J P DICKSON, who, on the evening of the fire was proceeding to Oakfield, met prisoner in the lane, when he requested him to ride back and report the fire. Constable MORAN met prisoner in the lane; he was walking very slowly; at first he said he neither knew or cared where the fire was; upon recognizing witness he told him it was on the farm. The Magistrate then retired, and after going carefully through the evidence, remanded the prisoner till Friday. Bail allowed. Jas. WALSH appeared to answer a charge of obtaining from Mr CHAPPELL money under false pretences. Mr JAMES appeared for complainant. The information having been read, Mr T CHAPPELL swore that it was true, and that the party before the Court was the same he complained against. On the 10th January he came to the mill, and said he had about twenty acres of wheat for sale, which he eventually purchased at 8s. per bushel, and at WALSH's request gave him £60 of the money in advance. At the time of the bargain he stated that the wheat was on his farm at Oakfield, and would average about 400 or 500 bushels; delivery was promised in one month. He then considered the wheat his property. On the following day he heard that Mr HEALY had a bill of sale on the crop. He gave the £60 understanding it was to pay the reapers. By the Bench: Did not lend it - it was given on account of the purchase. Edward CLARKE produced a bill of sale dated 8th November 1860, registered 4th December over the growing crops on WALSH's farm. It was given to Mr John HEALY to secure to him the payment of £52 9s. He knew the farm, and was in the habit of seeing the wheat daily until it was cut. To his knowledge it was the only wheat defendant had. It was sold under execution for rent and two order s of the District Court; was present at the time of sale. Mr W SIMPSON was the purchaser. On the day the money was obtained from Mr CHAPPELL, WALSH had no power over the wheat. The amount due for rent was £230. D CASSIN, bookkeeper to Mr CHAPPELL, remembered WALSH coming to the mill on the 10th January in company with another man, when some conversation took place about the sale of some wheat standing at Oakfield, and which Mr CHAPPELL agreed to take at 8s per bushel. WALSH requested that £60 might be advanced to enable him to pay the reapers. The wheat was never delivered. He entered the bargain int the usual mill book, which he produced. Mr CLARKE re-called: The sale of the crops realized £333; the wheat fetched about £125. WALSH stated that he considered he had plenty to pay all, else he should not have gone to Mr CHAPPELL for the money; the executions being all levied in a day caused all his property to be sacrificed. Committed to take his trial at the next Quarter Sessions. Bail allowed, himself £50 and two sureties £25 each. ***END*** Annette Piper Please note: Every effort has been to transcribe the above information correctly, however errors may have inadvertently been made. Spelling of surnames/places as appears in original.