From Western Post, Wednesday, 10 April, 1861: MUDGEE QUARTER SESSIONS Before Mr Justice DOWLING Friday April 5 Thomas BLACKMAN was indicted for stealing an ox and calf, the property of J C GARBUTT. Prisoner pleaded not guilty. Mr CHAMBERS having opened the case on behalf of the Crown, called C HARDY, chief constable, who deposed that he went to prisoner's residence at Cooyal on the 7th March, and saw him in the stock yard in the act of separating the fore-quarter of a calf from the hide. After speaking to him about not having given notice of his intention to kill the calf, he asked him for the brands; he replied EB. On examining the hide he found the piece containing the brand cut-out; on searching for it he found it rolled up in the stock yard. The head had the near ear cut off. He said the calf was his own, and showed him some old cows branded with the same letters. He proceeded to Mudgee for the purpose of obtaining a warrant; on his return to Cooyal he found the hide pegged out and a piece cut out of it on the corresponding side similar to the piece which contained the brand. GARBUTT was then present and claimed the hide as his property. The calf was about eight months old. J C GARBUTT resides within half a mile of prisoner; had married Mrs BLACKMAN, who had cattle branded EB off rump, 26 under, with a notch in ear. On the day in question he went with HARDY and recognized the hide as belonging to a calf his property, and which he had turned out of his yard a week previously. The brand was botched. Prisoner had a few cattle branded BB with a triangle. Cross-examined by Mr WILD: Came into possession of the property through marrying the widow of the prisoner's brother. There is a dispute between her and the prisoner respecting the Cooyal estate. Had not made an offer of £50 to any one to get prisoner off the land. The property was all mortgaged to Mr WILSON, of Sydney. Had never offered to withdraw these proceedings on condition of BLACKMAN's resigning all claim to the property. Elizabeth GARBUTT: Her former husband was brother to prisoner. Knew the calf from two marks on the shoulder blades. Had seen the skin, which she thought was the same. It had to wavy white marks. Would not swear that the hide in the Court was the same. [By Mr WILD:] There was dispute between her and the prisoner; he claimed the property, and had given her notice of an action in the Supreme Court. Knew a man of the name of PEGG; he was formerly her servant; had never offered him £50 if he would hang a hide on prisoner's fence for the purpose of laying the foundation of a charge of cattle-stealing. Was on the worst possible terms with prisoner, and might have said she would get him off the ground if she could. This was the case for the Crown. For the defence "Captain" BLACKMAN, a very intelligent half-caste was called: Was born at Cooyal and brought up by Mrs BLACKMAN. Went to prisoner's on the 7th March to see about a mare he had to break in. It was about four o'clock; T BLACKMAN was killing a calf; he helped to pull it up; knew the calf's mother; had often milked her; she and the calf were branded EB; there was no 26; had heard Mrs GARBUTT say that the EB cattle belonged to Thomas BLACKMAN; they came from Mr E BOTFIELD's run on the Macquarie, who only brands ER: Mrs GARBUTT's brand is EB with 26; had always been used to cattle all his life; the brands enlarged with the growth of the beast. Sam PEGG was present when the calf was knocked down; the prisoner's boy used to milk the mother; knew the calf; would swear there was no 26 on it; heard the boy Edward ask for a piece of the hide, and saw him cut it off; a younger child cried for the ear, which was cut off for him; was offered £50 on one occasion by Mrs GARBUTT (when prisoner was passing), if he would hang a hide on prisoner's fence, as she wanted to get rid of him; would not accept it, as he had no wish to "lag" a man whom he knew was innocent. Edward M'GUIRK helped the prisoner kill the steer; it came from the Macquarie; had cut a piece out of the hide for the purpose of making a pair of hobbles; it might have contained the brands; he rolled the piece down, and left it in the yard; a dog might have run away with it; a little boy was in the stockyard, who ran away with the ear. The ear was marked. There were two cows and their calves from BOTFIELD's run; one was sold to Mr BARTON, of the Pipeclay. Lawrence MOORE knew the calf; it belonged to prisoner and was branded EB only. This being the whole of the evidence, Mr WILD eloquently and forcibly addressed the jury, Mr CHAMBERS replied; and after a careful summing up by the judge, the jury retired for about half an hour, when they returned with a verdict of acquittal, which was received with expressions of approbation, which his Honor immediately checked, saying that if it was repeated by any one, he would give them 12 months imprisonment. ***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.