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    1. Western Post April 1861 - M'Ewen, Walsh, Garbutt, Bayly, Wild, Chambers, Dillon, McKenzie, Miller, Jupp, Foreman, Readford, Heard, Ramsay, Cox
    2. Annette Piper
    3. From Western Post, Wednesday, April 10, 1861: John M'EWEN, a respectable looking young man, was indicted for attacking a Chinaman named Assee, residing at the gold-fields. Asses and a brother Celestial not appearing, their recognizances were esheated, and the prisoner, who had suffered three months in confinement in the Mudgee lock-up, as admitted to bail, himself to £50, and two sureties in £25 each, to answer the charge next session. James WALSH, indicted for obtaining money on false pretences, was discharged upon his own recognizance of £50 to answer the charge when called upon, the deposition not being perfect. J C GARBUTT was indicted for stealing a number of sheep, the property of Nicholas Paget BAYLY. Mr WILD applied for an adjournment of the case till next sessions on account of not having had time to procure the attendance of important witnesses for the defence. Mr CHAMBERS opposed the application on the ground that two very important witnesses for the Crown being in the employ of the prisoner could scarcely be depended upon if the trial was postponed. His Honor thought, as the prisoner was only committed on Tuesday last, he had not had time to prepare his defence, and would therefore grant the application; the prisoner to find good bail - himself £300, two sureties of £150 each. James DILLON was indicted for unlawfully, maliciously, and feloniously doing serious bodily harm to one J McKENZIES. Mr WILD appeared for the defence. D MILLER, constable, apprehended the prisoner on the 22nd September; on taking him into custody he said he was very sorry for what had happened. J McKENZIE resides on Menah Flat; is a neighbour of the prisoner. Called on him on the evening in question for some shallots. "Yes" said he, "I'll give you some shallots"; and ran and fetched a hoe, dragged him out of the gig on to the road, knocked him down stupid, and left him for dead, where he would have been now, had not it been that his wife put her clothes around him. Cross-examined by Mr WILD: He never had any words with DILLON,and had no provocation, had a bit of a "barney" about pounding his cattle. Would swear that he never called him " a ________ old 'pounder", neither had he a "down" upon him. Was not drunk then or at the present moment; his usual drink was spirits; port wine was the "spirit" he usually drank; had lately been on the Castlereagh, where he got drunk on rum. Was not a sly grog seller. Mrs McKENZIE was with her husband at the time of the attack: they had two or three words with DILLON about some cattle; he then struck her husband with a hoe; she ran to JUPP's for assistance, leaving him all in his "gorges" on the ground; on her return she said :"O you would kill him"; he replied, "Ah, and I will kill you too, you ____, if you do not get out of the way". [Witness was very indignant with the learned counsel for presuming to ask her if she ever got drunk]. She could not say when she was last drunk, because she did not know she was first drunk. Had taken some wine on the evening in question at FOREMAN's, some brandy at READFORD's, and some wine at HEARD's. Wilson RAMSAY was sent to see McKENZIE on the night in question found him lying on a sofa apparently drunk; had a severe wound across the forehead; attended him eight days; his intellect was affected; a fall from a gig might have produced it. A t the time could not decide whether the symptoms arose from drinking or a fall. Mrs McKENZIE was very drunk. For the defence, James DILLON, a lad about eleven years of age was called: Remembered the night when the row was. Mrs McKENZIE jumped out the gig and took down their slip rails. The old man came with a whip and asked for some sage, when Mrs McKENZIE picked up a lot of stones and threw them at prisoner, who was hilling peas with a hoe; he kept lifting up the hoe to keep off the stones; the old man got behind and commenced beating his father with the whip. T he woman then in trying to snatch away the hoe gave it a jerk, which caused it to fly back and knock down the old man. No one had told him to say what he had told the jury. Mr A B COX gave the prisoner a character. Mr WILD and the Crown Prosecutor having both addressed the jury, His Honor summed up, and the jury, after a short consultation, acquitted the prisoner. ***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.

    09/10/2002 04:10:17