Hide Article Text (OCR)
mejnry roiurceti a verdict of guilty, and the prisoner was seutenced to two yeaiVimprisou-ment in Parramatta gaol, with hard labour.LAUCENT.Peter Kelly was indicted for stenling a book and a watrb, the property of Robert By field, at Casnilis, on I he 27th August, IS54.Mr. Chambers, solicitor, appeared for the de. fence.The witnesses lt;m!l H were Robert field, Henry Sra-th, John Welidon.Mr. By field’s bout* at Cassilis contains three front rooms, a store, bedroom, and sitting room, the bedroom being the middle one; the prisoner and a man named Smith bought some articles, including books, at the store that day, Sunday, but SmHh went away to get more cash ; meanwhile Kellv sat f„r some minutes with Mr. Byfield in the sitting-room ; when Smith returned he first entered the sitting-room in error, and Mr By field and Smith then walked through the bedroom into the store, prisoner remsiniug for a short lime behind them; some other urticles were then bought by Smith, and paid for, and both men left. Mr. By field shortly afterwards missed a book, “ Forecastle Tom, from the sitting-room table, and subsequently he missed his wutch, which hud been laying on the washhand-stand in the bedroom. The next morning Mr. By field and the police went to Smith’s dray, and Mr. Byfield pointed out prisoner, who wa* there, us the man he suspected ; the missing bo k was found there, by the fire, and the watch was foundthe same day. Henry Smith, the man spokenof, a bullock driver in the employ of Mr. Dmitt corroborated Mr. By field's evidence; witness’ •aw nothing of either watch or book that evening, but the next morning, early, he saw lying by the fire the book which Mr. Bfield afterwards claimed; prisoner was away for a time that morning before the police came, and after prisoner returned he read this book for a time.——Welsdon, who waa also with the drays, saw prisoner go down to the river to wash early on the Monday morning, and after the prisoner’s dray had been Iruitlesaly searched, witness remembered thin, and putting a black boy on prisoner's track to the river, the block boy in half an hour returned with the watch; Smithhad not left the dr»ya before the police came. _Mr. Byfield identified the book and watch produced.Mr. Chambers, for the defence, urged that not only was there no proof to bring home the taking of the two articles to prisoner, but nothing to prove bis (touessiun ol them at any time except bis casually taking up the book from the ground in the morning, reading it for a short time, and then laving it down again—a most unlikely action if he were the thief. Kven if it was admitted that either the prisoner or Smith stole the ariioles, how little difference between their opportunities and actions was shown to enable the jury to deoide which was the thief. lie called as a witness to character Mr. Brown, ono of the magistrate* on the bench, who gave prisoner a high character for honesty for 15 or 16 years.The Crown Prosecutor replied.The jury retired for nearly three quarter* of an bonr, and returned with a verdict of guilty, but recommended the prisoner to mercy. He was remanded for sentence.
Newspaper Details
Maitland Mercury and Hunter River General Advertiser
Maitland, New South Wales, AU
Wed, Oct 04, 1854
Page 4
Full Page
Clipped by
Anonymous
GB 10 Mar 2021
Other Publications Near Maitland, New South Wales
Maitland Mercury
Maitland Weekly Mercury
Maitland Mercury and Hunter River General Advertiser
Maitland Hunter River Gazette and Journal of Agriculture Commerce Politics and News
Maitland Daily Mercury
