From Western Post & Mudgee Guardian September 14, 1861: POLICE COURT Wednesday, September 11 Before the Police Magistrate, E MARLAY, Esq., and D DUNLOP, Esq (Wellington). Edward COLLINS, William COLLIER, William BURNS, James CHAMPION, and John GIBSON were brought up for re-examination upon a charge of having robbed the up mail. Mr CLARKE (for TEMPLETON) conducted the case for the Crown. Captain E M BATTYE stated, in addition to his former evidence, that on the 4th inst. he searched for the missing mail bag; he had some blacks with him to whom he gave instructions not to disturb any plant they might discover. About 12 o'clock one of the blacks called his attention to a large mail bag lying under the branch of a fallen tree on the side of a small gully. The bag was empty; the ticket and string produced were attached to the bag. The bundle found was discovered ninety yards from the prisoners' camp, which was situated about a quarter of a mile from LEIGHTON's. Henry TEBBUTT, postmaster, Mudgee, proved the non-arrival on the 30th August, of the large Sydney mail bag, due that day. William CORDEROY, postmaster, Bowenfell, said he received the bag on the 29th and delivered it to the driver of the Mudgee mail. John LANKSHEAR, driver of the mail, said he remembered receiving the bag. He had seven and a half passengers; owing to the state of the roads he was very late before he reached LEIGHTON's, where he and the passengers stopped. No one had charge of the bags during the time he was in the house; the night was wet and dark. He proceeded the same night to the foot of Cherry Tree Hill, where the passengers refusing to walk, obliged him to return to LEIGHTON's which he reached about two o'clock. He remained in the coach all night in front of the house. On the following morning, when between COLLINS's and Keen's Swamp, he was told by a passenger that the large mail bag was missing. He did not stop to see if such was the case beca! use he thought the person was joking. Upon reaching Cunningham's Creek, where he had to hand the bag to the other driver, he found that it was gone. He could not have delivered it by mistake, and did not see it after putting it into the coach at Bowenfells. The coach was boxed all round, the bag was placed under the hind seat, and could not have fallen out. Did not know the prisoners. Charles PUGH said that he was a passenger and that he informed the driver that the large bag was missing. Holyoak WOOD, clerk at the Bank of New South Wales, Sydney, said that he made up a parcel of notes for Mudgee, on the 27th August. He had entered the numbers in a book which he produced; there were 350 one pound and 40 five pound notes; could swear to the notes before the Court. George CAMPBELL, messenger to the Bank, said he posted the parcel and produced the registered receipt he received from the post office clerk. D LEIGHTON said that he was landlord of the "Rest and be Thankful" Inn, Running Stream. He knew two of the prisoners. While the mail was at his house on the 29th August, GIBSON was outside pretending to be sick; he considered he was only gammoning. There were three other men in the house who left with the prisoners, GIBSON went a different direction to the others. Had been shewn by Captain BATTYE the spot where the notes were found; on the night in question GIBSON went that way. He returned in about three quarters of an hour after, and said that he had lost himself. BURNS came back about six minutes after and left at six o'clock on the following morning; GIBSON remained. BURNS returned and remarked to GIBSON "that it was all right"; he afterwards said that he had been to his mates to see if he could get some money, but did not succeed. Later in the day GIBSON offered to buy him (LEIGHTON) a pair of boots and trousers, if he wanted them. In the evening both said that! they were going have a "good spree"; he advised them to return to the camp, they declined doing so before dark. There was no one looking after the coach the night the bag was stolen; it was dark; there were no lamps, and anyone could have taken the bag out of the coach on the off side without being seen. Margaret LEIGHTON, daughter to former witness, remembered seeing GIBSON and BURNS about the place while the mail stopped. They left about the same time as the coach; GIBSON returned half an hour afterwards. BURNS came up and asked GIBSON where he had been, he replied" that he had lost himself", BURNS said "that is a ___ fine thing: there is no need to be afraid". John COBB, road contractor, Cherry Tree Hill. The whole of the prisoners were in his employ. When he hired them they said that they had come from Bathurst; that they were without money and quite destitute. He had not given them any money, but had supplied them with rations. They lived together. He was present when the money was found; the place was about eighty yards from the men's camp, and about fifteen from the place where they worked. W J MILLS, jeweler, said he had sent three rings and some gold to make a fourth, to Sydney. He had since received a letter, that they were returned to him by post. He had not received them; the three rings in Court were those he sent, and the fourth was the one he ordered to be made of the gold. Mary Ann SMITH, wife of Charles SMITH of Lambing Flat, said she was a passenger from Bowenfells, on the 29th August. She recollected seeing the mail bag put into the coach; the man had to push it with his feet to get it under the back seat. It fitted very tightly. The mailman could not have removed it without her seeing, neither could it have fallen out without the back of the coach giving way. D. LEIGHTON was re-called: He did not add anything material to his former evidence. Mr CLARKE made an application for the discharge of William COLLIER, to enable him to call him as a witness. The Bench granted the application. He then took his place in the witness box, and said that his name was William COLLIER, he had lately been employed with the prisoners on Cherry Tree Hill and had worked for a short time previously with GIBSON and BURNS. CHAMPION, COLLINS and himself did not leave the camp on the night of the 29th August; they went to bed about 10 o'clock. BURNS and GIBSON lived with them. Two young men came out of the bush a little after sun down, and said that they wished particularly to see BURNS. BURNS and GIBSON both went away and did not return again that night. The men from the bush appeared to be sailors; he understood from a conversation with BURNS that they were two shipmates. CHAMPION and COLLINS went with him (witness) to work as usual on the Friday, the other two were absent. They returned at night and sat over the fire an hour t! alking; the conversation was general; BURNS said that they had had a good spree, and that he was nervous with the horrors. They had no bundle with them. The first time he heard of the robbery was at McCULLOGH's on the Saturday; he went there with an order from Mr COBB to get a supply of meat. He might have before seen the handkerchief in which the notes were tied, but could not swear to it. Mr CLARKE withdrew the charge against CHAMPION and COLLINS. The Bench asked the other two prisoners what they had to say in answer to the charge. BURNS said it was very hard because he happened to be at LEIGHTON's that night that he should be accused with the robbery. GIBSON declined saying anything. They were then committed to take their trial at the next Quarter Sessions. [As CHAMPION was about leaving the Court, Captain BATTYE stepped forward and arrested him on a charge of robbery committed some time since.] DUBBO From our Correspondent A meeting of the Justices of the Peace was held at the Police Office on the 4th September for the purpose of granting applications for publican's licenses. Present J M MARSH, Esq., P.M., and A IRVING Esq., J.P. Mr MARTIN's application for a public house at Cobbera was adjourned for a fortnight in order that the house might be inspected. Mr BLEKEMORE, of Cobbera, for the same time, the stables not being finished. John SMITH, Dubbo, adjourned for a month to afford applicant sufficient time to furnish his house. The Bench spoke in high terms of the premises and promised the license. Robert BAKER, no appearance. ***END*** N.B. All care has been taken to transcribe the above accurately, however errors may have been inadvertently made. Spelling of names/places should be as appears in original. Transcribed from microfilm available from the State Library. Annette Piper Coolah NSW