From Western Post & Mudgee Newspaper, 4 December 1861: POLICE COURT Tuesday, December 3rd Present: The Police Magistrate, his worship the Mayor, E MARLAY, and T. CADELL. Persevering Attempt to Break Out of the Lock-Up Thomas BROWN, charged with attempting to break out of one of the cells of the Mudgee lock-up. Norman McBEATH said he was lock-up keeper; the prisoner was in his charge, being committed to take his trial at the Quarter Sessions upon a charge of stealing jewellery; on Saturday, as he was standing outside of the lock-up, he fancied he heard a kind of digging noise in the wall; suspecting that all was not right, he went round with constable KELLY, and turned the prisoner and another one named BLACK out, for the purpose of examining the cell, when he found two large pieces of board cut out of the wall by means of a succession of holes made with a gimlet; he likewise found part of the brick work of the wall loosened, and a piece of the flooring cut through, evidently for the purpose of stowing away the bricks and mortar taken out of the wall; on continuing to search, he found a gimlet and two pieces of old iron hoop, which had strips of blanket rolled round the ends for the purpose of protecting his hands; the bricks were not removed, but were much broken; he charged the! prisoner with attempting to break out; he replied " it was very hard for him to be there charged with a crime of which he was innocent". When prisoner was put in the cell he was searched; the instruments found in the cell must have been conveyed to the prisoner through the grating. Samuel SORBY, a prisoner out on bail on a charge of cutting and wounding, said he had been confined in the same cell with the prisoner, and knew nothing of the occurrence. Thomas BLACK, committed for manslaughter, was placed in the dock. N. McBEATH re-examined: The prisoner BLACK was the man he referred to as being in the cell with BROWN; would swear that the boards were not cut through before either of the prisoners were put into the cell, he having washed the cell out the day previously. Other prisoners had been in the cell. Upon speaking to BLACK he denied knowing anything about it, upon which BROWN said, "that neither BLACK nor SORBY knew any thing about it". The reason he (McBEATH) charged BROWN with the offence was his own admission. The Bench said there was no evidence against BLACK, and committed BROWN. John SMITH for stealing a watch. Constable MILLER said he took the prisoner into custody on Saturday, upon a charge of being illegally on Mr. SINDEN's premises, and stealing therefrom a gold watch and chain. Prisoner said he hoped that Mr SINDEN would day nothing about it. The prisoner, who was very noisy and insolent during the constable's examination, and not taking any notice of the warning of the Bench, was ordered to be imprisoned for a week for contempt of court. The case against him was consequently remanded. Prisoner, upon being taken away, said he did not care if they had ordered him to the lock up for six months. Eliza SHIRLEY, for stealing £5 Mr. BRODRIBB for defence. Constable CAMPBELL said the prisoner was given into his custody on Saturday, charged with stealing a five-pound note. She denied the charge. Upon searching her house he found the note which he now produced, in a purse at the bottom of a stone bottle. He likewise produced another £5 note, drawn upon the same bank, and bearing the preceding number to the one stolen. The prisoner attempted to make the matter up, and said, "give him the £5 note and let him go, so that no more may be said about it." Prosecutor told him that he had given the prisoner a one-pound note. Timothy McOLIFFE said he was a labourer; on Saturday night he slept at the prisoner's house; he was not very sober; he had two five pound notes, a one pound note, half a sovereign, and some silver; he put the notes into his trowsers pocket before going to bed, when he awoke he found one of the notes missing; he accused prisoner with taking it, which she denied; he afterwards gave her in charge; was present when the note was found in a bottle; he could swear to the note he gave the constable, but could not to the one he had lost. Cross-examined by Mr. BRODRIBB: Had received the notes from the bank; would swear that he did not tell the constable that he had given the woman a one pound note. Constable KELLY said he was present when the house was searched; after the prisoner was locked up, he heard the previous witness say that he had given the woman a one pound note. Committed to the Quarter Sessions. Mr A B COX, charged with breach of the Impounding Act. Mr. JAMES appeared for the complainant. John BAX said defendant had impounded ten head of horses and one cow, upon which he had charged £1 10s 6d, which was a larger amount than was allowed by the Act; the horses were in his stock yard when he went to bed. James WALSH, poundkeeper, said the horses and cow were impounded by Mr. A B COX, who placed 2s 6d on each for damage and driving; Mr. COX had taken them out of his enclosed land. Mr JAMES attempted to prove that they had only been in the swamp paddock. As it was only inference, the Bench dismissed the case. ***END*** 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