From Western Post, 23rd February, 1861: POLICE Tuesday, February 19 Before Messrs CADELL, MARLAY and LYONS, JPs Edward METCALFE was summoned under the Masters and Servants Act for willfully damaging and destroying his master's property. John SMITH, of the Carriers' Arms, said that he entrusted defendant with two teams to fetch a quantity of loading from Sydney. Shortly after he had occasion to go to Sydney himself, when he met the teams on Piper's Flat. The horses all appeared to be in good condition. On his return from Sydney he learnt that the horses had been so disgracefully used, that two of them had died, and the others were unable to bring the drays to Mudgee. He consequently sent fresh horses to help them home. There were six horses to each team; they had about four tons between them. Part of the loading was lost, which he was answerable for. The horses had previously bought 5 tons, and on reaching Mudgee were so fresh that they went on with the drays to the Louisa. This time they had been so disgracefully treated that there was no part of their bodies but was covered with whip marks. The defendant had money given to him for the purpose of feeding them on the road. Edmond BROWN said, on Saturday fortnight he was near HART's at Cullen Bullen, with his dray, when he overtook SMITH's teams. One of them had two horses down. He stopped to give assistance, and asked the man why he did not unloose the trances. He replied with an oath that he would make the ____ horses get up as they were, and then with his foot and whip kicked and beat them shamefully on the head. Seeing he was determined to get them up his own way, he drove on to Mr HART's. Upon looking back he saw him still beating them, and presently say him hook two horses from the other team on to them and draw them on some yards, when the horses made an effort and got on their legs. He then gave them a tremendous thrashing. From HART's he proceeded to the usual camping ground, where after a while SMITH's teams came up, both the men riding. On their passing him, he walked up a little ridge, for the purpose of seeing how they got on, and saw the wheel of the dray locked in a tree.! The road was wide enough for three drays. In trying to extricate the wheel, the horse was thrown down. After unfastening it, they dragged it some few yards with the other horses till it got up, when it was shamefully whipped. John SMITH said he gave £26 for the horses which were killed. One of them was worth £40. Mr JAMES, for the defence, called METCALF, who said he agreed to drive one of the teams for 25s per week. He performed his work properly, and returned the horses that were entrusted to his care. SMITH, when he met them on the road, exchanged two horses, one of which died. He, however, had not charge of it, as it was in the other dray. He had the money to pay for tolls, &c. The Bench said they had no doubt as to defendant having used more than lawful violence, and that he was responsible to a certain extent. It was an offence which deserved being severely dealt with, but considering the deficiency of evidence, they would only make an order that the wages due should be forfeited. ***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.