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    1. Western Post Feb 1861 - Donohue, Hardy, Walsh, Ballard, Warburton, Dickson, Moran, Chappell, Healy, Clarke, Simpson, Cassin
    2. Annette Piper
    3. 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.

    08/28/2002 09:02:27