Hide Article Text (OCR)
APRIL 16, 18*6.th«ireT.iibnj|onJ*.heTHE ALLKUKD ARSON AT BIN ALONG.ofha»od:h.«•«la-■la»»-ltdin'I-•r.in1*.inofhu«y:ua•At the Yaa. Ami*o*. on Tuesday, (bofwre bia Hon«r Sir William Maiming), Am bony Ihvycr, committed by the Bina-long Bench, on thu previous Friday, surrendered U» fan bail to answer ehe charge, ul haring, at Shvcnstatiou Creek, near Hinakmg, on Ihu night of the 23rd of Mareh last, maliciously act fire to a itaek of hay, tha property of Phillip Dwyer.I'riaoner pleadod not guilty, and was defended by Mr. Coloiina-Cluae. in-•Irucied by Mr. Wilkinaou. The prisoner challuuyvd aix jurymen.Thu Crown Prosecutor •rated tha caea to tha jury, and calledSeniorconstable Madden, who depoaed : I aui stationed at Binalong, and reinum-l*er going to Hhcupalaliun Crork, which ia three miles from Biualong, on tho 24th March bat; Phillip Dwvcr Urea near tho crook ; I aaw tho smouldering remains of •traw alack* and ahod about a mile from Dwyers place ; two boy a—Dan l)wycr and Itowdy Graham air|[ I mar tho j.law ; Philip Dwyer woa waiting for mu at the ■lack, where 1 arrived at about 10 o'clock ; ihu two boya want alto there, but no one dao ; there waa no buali fire—no graaa to hum ; upon aearchiug the alack yard J found tracks at Ilia edge of ihu fire, whero aomo d.bri* waa burning ; the tracka wuro coming froiu the diruclioii of thu shed.To hia Honor : I cannot any whether the atack and ahod were cluao together, hut one would huru thu other ; tho tracka w«ru c-.mnig in tho opposite direction from prisoner's ruaidunou.To tho Crown Pnawoutor : The tracka were of stocking foot ; I am txiierioiicod Hi tiacklng ; thu soil waa dusty ; 1 foll.nvi d the Iracka alt; fooa tho Hat to a lug. Ml yarda from the alack; 1 noticed ih.it il.i log waa aligli-iy hollow; thero him a iwig U|Hn I ho b», which had the ■pp. .iraiict Iniing weighed down ; the tracka wore recently made ; at the |ou there wore tracka like a pvraoii would make with aocka when siuiug , there were alao track* of boots ; the heels of the Uh.Ib were dug deep ill to the ground, a* might he made liy a peraoil putting oil fail boots ; thu place where the luuika were was all old Hack ; al the hack of the log I picked up two matches ; I left the log «nd followed the iracka ; it wan difficult tracking at this particular i»arl ; I followed thu t lack a along the bui* id ih« crock where tiny joined an o|u oat tie track, which urow»j ihu creek ; the tracks from the log acre tie mu of u |n raoii wearing tiiHita , the tracka creased the ctvuk. avoiding thu uaual |«th ; it would have been eiuder III go by thu path ; att.r 1 found the wintu tracka on the op|u»iio sidu of thu cregk I follow.il them to an • •Id ahcepvard aontu distance from the Imnk ; tho irweka thou turned up t the left, and did ih»i enter thu ahuepysrd ; I came to an extinct file, and ihu trar'.a touched ujM.|, the aalica. then turned abruptly up the hill, keeping outside of th.- ashes ; f followed thfu al »lig a hard load, and they turned olf to the tight ; the track* led to a single bush, nil thu western ^tidu of which appeared mark* na if a person had stood f,.r wine time ; from that btiah Philip Dwyer a place and whoru thu b«iya had alept would l»e .n full view ; thia **a* 700 yards fr«Hn the atack yard ; I uid not follow tho track* in a straight line, hut had guile in a kind cirolt ; I followed the iracka acre** a flat and Sandy Creek, where I found very I .lain boot marks ; I covered untt of these boot tracka with a piocv of buik ; I followed up thu tracka to where they creased a log fence, three or four yard* from tho ■lip-panol ; it would have been eaaior to gti through the alip-j«iu 1 than to got over tho fence ; 1 picked tho tracks up again on tho unpoaito aide of thu fuiicu, and fjllowed them along thu road to a yellow boa tree ; on thu western «idu of thia tree were the marka as if somebody had stayed thire for a cunaidorablu tiniu ; tho tracks then went through a wire lonoc, and across a cultivated paddock, as if running ; the paddock belonged to the oocus-d ; the tracka led to the back of nri ■oner's house, where they ended ; they led to the back door of the dwelling house ; the yard might bat'd been swept , Philip Dwyer waa wiih me during part of tho time; I did not go into the house, but aaw priaouur's wife ; I got tins |«iir or boots produced from her ; when going through tho paddock I noticed on n Hat reck marks that might have Wn malt;lo by liras* rivets ; thu boots produced have braaa rivets ; nrisoner said thu limits were hia, but hu auldom wore them ; I took the blt;KiU to Phillip Dwyer and hu went with me and wc tried thu boots in the tracka, and they lilted exactly ; I arrested tho prisoner on the 24th March, at about tl o'clock in the evening, and charged with sotting fire to a stack, the prunsrty of his brother ; hu said ho know nothing uli.ut It; hu said hu had been fulling saplinga for Ilia sheep, had come li-uue, had liis tea, and wont t bed al !»o'clock ; hu amd he aaw Phil's at nek on Bre, and when hu went In catch his hurac hu could ecu the |.M»t* of tho shed biirui. ; I t«a**k him to lliunloiig ; pnaonur and hia brothel' are on bad tenna ; their dilfercnuus areso through litigation, im;»Him)ing stock, Ac ; on one occasion he hnd asked witii.m if ho Could bring a certain aw on again, and on being advised to leave it sloiic, hu said, •* I aunpoae iiu’s got tho best of mo thia tiinu. but I'll Ik* even with him.Witness was cr.oa exsmitied by Mr. Colonna-Clore at aoinu length.Philip Dwyor deponed ; Prisoner is my brother ; we have not been on frieiiilly terms for the Inst 13 or 14 yearn ; I left the old residence 3 or 4 mouths ago, and moved bi a new aeleotiuii a mile and a half awav ; my own an and a boy employed alept at the old place ; my brother Jivca 3»JU or 400 yards from the old place ; on the 24th Match thu shed and its cou-tuiita, and stack* of straw outside w-rc destroyed the whole worth £*200 ; it was uninsured ; I saw it all right un thu 23rd March : there were no buali lirua alwiul lo knowledge ; on the 24th I got infor-waa moonlight ; 1 had no occaai..n t* strike a match ; saw no smoko or »ign of fire ; I do anioko ; Dantol duos not suioko to my know lodge ; after giving hay to tlia boraaa we went to bed ; saw nu one about; it was about half-paat 10 whuu we went to bed ; Daniel and I got op about 0 o'clock ; Daniel went to the creek for water, and I stayed at the houee ; in ooa-aequeuce of what he told me when he came back we went to the abed and found it all burnt; about half an hour afterwords I told Dwyer.To Mr. Oloae : The rising ground prevented our seeing the fire from the house ; we have good watch dugs about; we have foui ; it will be implt;ieaihle for anyone to eorne to the house without giving warning ; I was in prisoner’s employ a little while ago ; Daniel once had a draw out of Croat's pipe ; I never amoke roots ; I remember making a fire once, and Anthony Dwyer (the prisoner) telling me to put it out.To the Crown Prosecutor: The moon was up very woli whon wo tied up thedogs ; two dogs were shut up inside, uue was loosu outside ; they were generally all lousu ; I can't any if tha dogs know Anthony Dwyer or not.That waa the case fur tho Crown.Mr. Colonna Close asked hia Honor if, from the evidence, there was any case to go to ihu jury.His Honor said there was, as nearly all casua of araou wure committed at night time.Mr. CVxdiiua-Cloee then handed in two certificates ul charoter, one from Mr. L J. P.ifgiu, of Hinaloug. who had known the priaoucr for 15 yuara to be au honest, upright man ; and tho other was from Mr. A. D. Paterson, J.P., -f lllalong,B'nalnug. who had known tb« prisoner, from his childhood, to have an unimpeach-able character.His Honor summed up the evidouoe, ami the jury at 24 minutes past five retired to cun* ■'ter thoir verdict, and after au absenceoi ten minutes, they returned int.. court with a verdict of not guilty, ami thu prisoner nos ducliargud.raymation that the atackyard waa burnt ; I want down nud found thu piano in ashes -nothing loft but thu |touts of thu shed ; I then sunt for tho police (witness' further evidence was corroborative of that given by Senior-constable Madden.)VYitnuas was croas examined by Mr. Clone without anything material hong elicited, excepting that 10 yoara ag’i hu had resided away fiom hia farm, ami (hat his brother conti'iued to reside noarlhure-|.i without irijiinng his property. •In answer to -» juror wituuas said thero waa more pro|nsrty in the ahed when burnt tlian during hia ahaance.Daniel Dwyer (eon of previous witness also gave evidence).ltodoru* tiraliaiu denuscd : 1 am D» years of age : I know Philip Dwyer ; 1 was in hit employ ; my duty •** to full I. x iMptiii^a f r the sheep ; I and Dauii-I lwy- r Ii\l) in tho old honsu ; I rnmui-Imi *i 2»nl Mare It . I went to Philip Dwyei a at half (*.i»t 7. and came back at 1U o'clock ; then went to tnc hay-shed, rakwd some hay and fed thu horses ; U
Newspaper Details
Boorowa News
Boorowa, New South Wales, AU
Fri, Apr 16, 1886
Page 2
Full Page
Clipped by
Sheryl B.
USA 21 Sep 2021
Other Publications Near Boorowa, New South Wales
Boorowa Burrowa News
Boorowa News
