Hide Article Text (OCR)
Ittaiilantt Circuit Court.V.'tBNCSDAT, Mabch 6, 19SO.(Be/or* hU iJ»nor Ur. Justice Therry.) A* SON.icted for setting Are to a ......’ Cody and'Hugh Colli mi ini In, 1n the possession of Cl the 7 th February. 19; Co-hr were hid icted us t Mr. Purefoy appear.r the te the f„- - —o--- —i tfl resided on a farm in 1tna wollombi district, on which he grew wheat and I come c«ru ; he had a barn filled with wheat in the J* Ftbr'lnry’ hc hrtrin* 45fl ba*h*ta *“'» barn, with a bark roof; about nine o'clock on the evening of the 7fh February witness heard an alarm »f ; fin-, he being dim in in-d ; he ran to the door, and saw j that Ida bnrn was on fire, the fire being bursting out at I both end* between the wheat and the root, and in live minutes after the rouf fell in : the fire had got slt;■K...I I.__...___-I______. .. ...n..t be found guilty under thla Indictment, even If Culllna d! I eomn.lt tno crime, and she was previously aware of it. unlesa she did or said something to aid and abet him in committing it. On goiug through the evi. deuce there was rrallv nothing against her except the evidence of (he girl, Jane Stewart, and he thought her admission* iu cruss-cxainiuntions had deprived her of all claim to credibility ; she had nut only not said a word a lion t the spanking In Irish, or the injunction to jwhen giving ier depositions before the magistrate, but i had never said n word about either till she had been residing for some time in Bun'ess's house. lie need 1 not allude to the irregularity o» her deposition having i lawn taken in tlie absence of the prisoners, for however iinprojarr that was, he fell sure that it was only dune i through the inadvertence of the magistrate, and not | with any improper intention. (The Attorney General 1 appearance oattempt iahead that it was useless ti wheat; witness'* neighbour* w.„ ......ward Paine, and Martin Codr ; Cody lived about a’e Mr*. 1;n witness ; Mrs. Woolrych'iassistance, but it was too late to do anything. By agreement Edward Paine came to witness's place next morning, at daybreak, and they searched about near the barn for tracks, and allt;out twenty or thirty rods from the bam they could distinguish the imperfect true s of a man's track, and followed these tracks to the public road, where they became quite distinct ; they then measured them, and o1«errcd that it was u verr small foot, ami that the right foot turned out rather more than the left; they followed the tracks along the rood till they came near Cody's bouse, when T through the*JuaCody's house, and th-y followed the tracks'to within four or fire roils of Cody's house ; they also tried the road beyond wlitre the tracks turned off, and could neither see those or any other tracks . they called in at Cody's, and asked wh-re Collin* was. mentioning tlmt burgess s barn had Itwn burned down, and that theylt;for Collins being a track.) ; Cody’ait Bur-■orved to he punished, ... v ..-,Tleft their house the previous evening about dusk ; Cody then joined Burgees and Pain in the search, and afier going pa:.t Cody', house and hi* siorkyard they came ou the tracks ag .in, proceeding up Warren Creek, up which they knew that Collins was ..t work falling trees.. itherfor Cody or himself; they followed the trucks for some distance up the creek, uud seeing that there was no «U*r track about there they then returned to Cody's house ; here Burgee, ami Paine searched nbout till they found the ramc tracks going f.om near Codv's fcoure in tlie direction of Burgess's; I hoy followed th-‘se tracks, on i'm other aide of the creek, from the first track tlUthey lost it within about 40 rods from Burgess'iThe sday Ipolice, and constable Henry warrant. Burgess *hlt; * 'n the U.. inform the coming with aa* not sufficient to prove that Mra. Cudv even ku’cw , | of Collins's intention before be committed the crime, for what was more natural than that Mra. Cody should ( allow Collins the mare to ride l*» hi. usual residence up i | the creek, it being so lute in the evening, and Collinsherself rthat he ovcheard between Mrs. Cody and Collins in the house after Collins was apprehended, the jury would romemb.r, if they believed the one, and thought the ,' other might not be mistaken, that nothing saki or done after the offence could implicate Mr*. Cody, and indeedfueling. On the whole evidence hen-lied with perfect coiifidmce un the Jury's acquitting his client.Collins iu defence said nothing, but called John 1 Kenny, who deposed that ho win a shoemaker, and made Collins’* boots, and had made numbers of boots for other people on the time last. The nails in the produced were arranged much as witness usuallylot*is ho reBpecifiv instructions.The Attorney GeneralHi. Honor summed up At somo length, instructing the jury a* to wlmt constituted an accessory before the fact, namely that there had l*een some actual counselling. Milling, or assisting toward*) the object being affected, before the net was committed ; for men* knowledge, or I even tacit permission, would tiot be sufficient. From t the evidence the ju.y must draw thclr own conclusion a* to whether, if Collins was guilty, Mrs. Cody was an |The jury re tired for a few minutes, and returned 1 with a verdict of guilty against Collins, and of not , guilty as regarded Alice Cody. Collins was reruaudud for sentence, and Mrs. Cody was discharged.I'TTERIM A FORCED ORDER.the constable'; Burp* to hia (Bun'***'*) hi Bnrg'st asked how it i ......and Collins’s I k its tiring taken off, the econstubla com’-pored them with the measurement of the track, on a stick, and they agreed exactly, uml tin* nail* on the boots rgreed ith the n.'il-marks on the tracks. The : constable And Burgess jhen returned with Collins to Cody's house: b-fore leaving the place Collin, wont ... to tight his pipe, Burgess and Cody css limit] Mrs. Cody and ’ lf»*nd lu-nrd Collins • repliedi outride ;C Utns speaking i *v The *• If th-y lt;thenill be all t!I his 1; and _aat down. Burgess7hTte^ 0lpn-:'1 «enS*« resistingthe terms on whlcu lie and tlie piisoners had been previous!*, and it appear*! there had been nn impounding •case henrd bet .re tlie tt'cllombi bench on the 7th February. At which Burges* was n witness on one side•SoUlns'tti. Cody Ulowed, in wide' ihreats passed.•v Ann Wuolrych deposedColeus’s part, but no!aboutthree tiun-lr ............ •nuoof the read ; she hud come hotnc from a distance of four miles on the evening of the 7th Fclwuary. and gut , •upper after'she re.iche«i home : she then went to her door, and waa astonished to see Burgcsi's birn on fire and biasing furiously ; it had been dark before, ami (he had seen no person moving about: she gnvo the alarm to Burgess.Edward Paine deposed that he lired about half a mile from Burgess, And did not observe the biasing , barn till it had been burning some time, when he instantly went to Bur?re*s's a.sistance, but they couldKl nothing out from the bam. The following morning went to Burgess's again. And they sought out the tracks and followed them. This witness then re.rro-bora ted Burgess's evidence, hut slated that when they oolled at Cody's Cody told them that Collin, left Ida bouse tlie previous evening »t dusk to go up the creek, where be was at work.Constable Henry Blake corroborated Bmgc#*'s e\i- I dence os to their finding Collins ; witness f.mnd the box of mulches productd in Collins's cave, and t.^k 1 the hoots produced from his feet; witness felt positive ide by Collins's hoots, ■ ’ ~ 'le tracks bus admitted th: crrek the ;«reritrack* tany tiBnrginlng; vo had glt;p the past C-riy'sthere were someCollins's cave or h-., «... llul,James Fletcher deposed that he had a q wheat in Burgtss * Imrn Wfore it was burnt.Elchunl I’.tine deposed that he lived near hi* brother's bouse, and to»di supper with him on the evening of theintllj of |7th Pehruarv ; aought 1.creek, and CoHinstnjthree reds fmn: U was Collins, immediately al if the moon h;i short time saw a small man. just like , coming front the direction of Burgess's ! going in the direction of Cody’s; witness ( :lt;* he came near, and the man passed about , r'' ; hut witness could not t*y tli«t ,gCM'Sv that b;»rn %vu* on fire; whVr. .......... ..... luo—- w perhaps a hundred re»i« from the ham.Jane Stewart, n girl of sixteen years old, hut small | for her age deposed that she wus at the time in the service of Cody, and remembered Mrs. Coily and Col- | Hub coining lmmr from the Court niiout ao hour before I sundown ; they talked in Irish for tome time, which ! witness did not undersUud ; Cody cams home alvjut the same time from Maitland ; witness went to put out I Che bullocks on the mountain, and oa her return Mr*. Cody told her to saddle the mare for Collin to take up ; the creek ; Collins was hilling timber up the creek for Cody ; witness saddled the horse, but CoUins did not use her, hut after he had left on foot Cody took oft the ■addle, ond let the mare loose ; bciore Collins k-ft he lit his pjpe, and tryiug his matches he said they were no good, and asked Cody for his ; Cody brought him I some in a tinder-box. and CoUins took some and put them In the box produced ; witness never saw Coiiins try any matches on any other occasion, nor was ever 1 before told to saddle th* mare for him. The next ! morning witness saw Collins's tracks near tlie hou= . 1 after Burgebb and Edward Paine hod been there cm-quiring for him ; she told Mn. Cody of this, and Mra. t (ktdy told witness not to tell Bupgtsa that she had seen ! Che tracks.tn cross-examination this witness said that she had narer before deposed to her seeing the tracks, nor to 1 this last conversation, nor to Mn. Cody and Coiiins ■peaking in Irish She also stated that her depositions were not taken by the bench before the prisoners, bnl 1 that only the magistrate. Major Sullivan, the clerk Df tb« bench, and the chief constable, were present f he •Mo stated that she had rinco kft Cody's house, by orders sent her from Mrs. Cody, and hod been since residing with Burgees ; it was after she had been nt Bargees two days that she first spoke about her striae thu tracks, and Mra. Cody's telling her not to mentionSarah Fninr. a little girl of eleven years old, depored that.she was the daughter of Edward Paine, and tlmt Collins rode her father's hone to Court on the 7th February : in the evening she wont over to Cody's to f *'-d hUe Collin was mending»ho bridle he was talking with her, and he made one remark as follows • The b—r. Til go und see him tonight, the b— wretch { who he alluded lo she did not know, ro r could she reincinlxr anything else he said ; mo ether perron wn* within hearing ; witness left with •**. u^V *°°° V the brtd,« mended.Al” *''iae\ S* Ed^ftfd Paine, depored to a ronversatiot. she had with Mrs. Cody on the 7tb, but ■crtnfng of ithportanoe was eUritetl.prosecution, ucxamlned many of theTUs dared the ...Mr. Purefoy. who hail . v „,wmsret at some length for ths two prisoners Codv. •puled to Ms Honor to know if he thought there wo* ■uflcieiit evidence t* rend the care to the Jury as re-tvdod the charge against the Codvs of being acc *j4rirBbrfnw the fact, quoting authorities in support of hisjfi* Honor said he should send the cnee to th« jury.Out b* «toald mtni Uw pdnl nlKd b, Ur. 1‘urrf..,.Th* AUomrj Omen I nid he wonld eonK-Tit it .mee lo Cody** brine •rqniile.l. Ihe evbbnce ini.ul him irrant n conviction.'t directiuo, then acquittedto «ll*ht tcMw ---The Jnvj, under ......u. ,Cudv, and ha was dlerhnnreil..h'VJ’';?^“^,T»,4lh«J'7'brM,u.cod, Beroretrs^s^zrsssT,ffssastss “I OoiHno'i inteiuinn. much lod* couuMled, oided, or obettod him • for Ao could
Newspaper Details
Maitland Mercury and Hunter River General Advertiser
Maitland, New South Wales, AU
Sat, Mar 09, 1850
Page 4
Full Page
Clipped by
Midpointe L.
OH, USA 13 Apr 2025
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
