From Western Post, 10 July 1861: QUARTER SESSIONS Friday July 5 Before Mr Justice DOWLING. Barristers present: Messrs HOLROYD and WINDEYER, and Mr CHAMBERS (the Crown Prosecutor). Michael DALY charged with horse stealing. Mr HOLROYD appeared for the defence. C HARDY (Chief Constable) said the prisoner was given in to custody on the 27th April by Thos. TARRANT for being in possession of a horse, the property of his brother; prisoner said he had bought the horse and had a receipt for it. Cross-examined by Mr HOLROYD: There was a saddle on the horse; the prisoner was riding through Market-street; believed he had no occupation, and had always suspected him; had never had him in charge; had often seen him about the streets late at night. Thomas TARRANT had seen a horse outside the Court; it was in his brother's possession about six months since, when it was missed; saw it in April in the possession of the prisoner, when he asked him if he would sell the horse; he said "No", he then told him that it belonged to him, and that he meant to have him, and went for a constable, who took him into custody. Prisoner said he had bought the horse of a man of the name of DAVIS, between Hartley and Penrith. Cross-examined: The horse ran on the Sydney road, about LAMROCK's; considered it was his because he had been instructed by his brother to sell it; had the prisoner given it up he should still have given him into custody. G TARRANT: The horse outside the Court was his property; head had it about two years, but lost it in March; it was shod at the time, was four years old; had purchased it from T KNOWLES. For the defence: Mr N P BAILY had known the prisoner four or five years, and had always thought him a honest, well-conducted man; had never had a better behaved servant on his farm. B HAWKER said he was a settler, or perhaps they would call him a squatter; upon being asked if he knew the prisoner, he requested Mr HOLROYD to stand aside so that he might have a good look at prisoner; having made his observation, he very decidedly said "yes" and considered him a hard-working, honest man; had lent him horses, and even a mare. Mr HOLROYD, in a telling speech, well sifted the evidence, to which the Crown Prosecutor replied. His Honor carefully summed up and pointed out to the jury the law bearing on the case. The jury then retired and after an absence of an hour, returned a verdict of misdemeanor. His Honor, in passing judgment, told the prisoner that the jury had taken a merciful view of his case; and considering he had been confined two months in the Mudgee lock-up, which was as bad as four months in gaol, he would only sentence him to 8 months' hard labour in Parramatta Gaol. Laurence MOORE - Forgery. Mr HOLROYD for the defence. The Crown Prosecutor having stated the facts of the case to the jury, called Constable MILLER, who said he apprehended the prisoner by warrant on the 22nd April. He found him at FROST's public house. N McBEATH, lock-up keeper, on receiving prisoner, had him searched; a cheque book and £3 11s were found upon him. Henry FROST, innkeeper, said about the 20th April he was asked by prisoner to cash a cheque, drawn by Mr. TAILBY, for £20; not having sufficient money in the house, he told him to come again, which he did towards evening when he gave him the money, deducting 1 19s which he owed him. Cross-examined by Mr HOLROYD: Saw prisoner and a person of the name of BLOODSWORTH endorse the cheque. Mr TAILBY was at his house on the day he left Mudgee for his station; prisoner was with him; they each had three glasses of brandy. Before cashing the cheque, some drovers cautioned him about it, saying they believed that there was something wrong. BLO! ODSWORTH then came forward and said he would "back" it, he (FROST) then consented to cash it. Had known prisoner ten years; never heard anything wrong about him. J F SKINNER, Manager of the Joint Stock Bank, said he first saw the cheque on the 18th April; it was presented by the prisoner for payment; who told him that he had advanced the amount to Mr TAILBY, who after writing the christian name, requested him to write the surname. He (Mr SKINNER) told the prisoner that it was a forgery, and recommended him never to do anything of the kind again. Prisoner then asked if it would be cashed if he got it endorsed; he replied "certainly not". A short time after a person from Mr FROST's presented the same cheque, with the signature altered; the final letter "e" being changed into "y". He that time wrote the word "forgery" across it. Cross-examined by Mr HOLROYD: Prisoner said at the time he presented the cheque that TAILBY was drunk and could not write. Mrs TAILBY had authority to sign on behalf of her husband; she always signed her own name. When the account was opened TAILBY was not able to sign his name properly in the signature b! ook; he consequently had to do so on another occasion. George TAILBY, of Willow Glen, kept an account at the Joint Stock Bank; had no acquaintance with the prisoner; knew him by seeing him at Running Stream; had never had any money transactions with him. No portion of the writing of the cheque was in his handwriting. On the evening he arrived in Mudgee he went to HEARD's'; the prisoner came to the supper table; in the morning he had a little conversation about the prisoner being robbed at Stoney Pinch. Having to see Mr SINDEN on business, he made some enquiry as to his residence, when prisoner said, "Oh, I have to see SINDEN; come with me". They went and met SINDEN halfway; all three returned to HEARD's; he and SINDEN went into a private room; presently the prisoner entered. He and SINDEN next went to Mr CLARKE's office, where they had not been long before the prisoner came in; he next went to the Bank; as he came out the prisoner was waiting. He and SINDEN went to HEARD's; where they were again joined by the prisoner; was! all day in a fit state to walk about and attend to his business. Cross-examined by Mr HOLROYD: Could not say how many glasses of brandy he had taken; perhaps three- perhaps six; was inclined to take a glass, and was pretty liberal in asking people to join him. Was on his way to the Castlereagh; prisoner volunteered to go with him part of the way; after leaving HEARD's, they called at FROST's to see a dead an, where he had a glass of brandy; he was quite sober enough to keep his seat on horseback. Prisoner went about three miles on the road, when he said he would return to Mudgee, which he did. Recollected receiving £1250 from Mr E CLARKE, which he put in the Bank; could not say the exact date. Mr G H COX and Mr J HEALY gave the prisoner a good character. Mr CLARKE was called for the purpose of fixing the date when the money was paid into the Bank, likewise as to the state of the prosecutor on the same day. Mr HOLROYD, in a speech of great length, contended that the prisoner has signed the cheque at the request of TAILBY. His Honor summed up, and the jury, after a little deliberation, acquitted the prisoner. (Quarter Sessions to be continued) 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