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were missing, and eleven of these had been handed in at Sydney. These tickets had not been entered in the ticket issue book at Kcmpsey, and no money for same had been handed in.He said: I know nothing about it.I told him that on 18th July three first-class Kempsey-Hornsby tickets had been travelled on. These tickets were handed in the next morning at Hornsby. They were checked in by the ticket collector from No. 16 train. They were checked on that train before arrival at Taree. I said: You were the only person at Kempsey to issue tickets for that train on that day. He said: “I did it. I plucked the tickets from the centre of the rack at different periods. 1 took them from the centre of the rack so that they'd not be noticed. I did this first about the 1st June, 1936. I did not enter the tickets in the issue book, and I kept the money. I got £6/14/6 for the three tickets referred to and converted it my own use. He acknowledged that the three tickets. 544, 545 and 546, were the tickets he'd sold. He said he also admitted to selling a second-class ticket. Kempsey to East Maitland, for No. 6 mail. He had not entered the ticket, and he kept the money, £1/3/6, and converted it to his own use. The ticket was No. 501. He also admitted to issuing seven other tickets. There are 11 tickets in all that he said he kept the money for. Defendant said he’d got a wire for Inspector Bonway re missing tickets, and he’d torn it up. I typed a statement at his direction, after I’d warned him. Eleven out of thirteen tickets have been recovered. Since his arrest he has paid in the amount, £19/12/4. collected for the tickets. When charged he said: I'll pay every penny back.’’ The whole of the staff would be under suspicion till this matter was cleared up.To Mr. Sheridan: There is no reason to suppose that the offences went back before the* first of June. I don’t know the accused except that he had one conviction for offensive behaviour . fMr. Sheridan said the Department had not suffered, and asked that accused be treated as a first offender.Sergt. Johnstone said defendant was a well behaved young man.The P.M. said he would extend the provisions of the First Offender’s Act:but he had to say that the offence was a most serious one. He hoped defendant would fully realise that this was a chance to prove that he could keep his fingers off other people's property .Giese was sentenced to 6 months' hard labour, sentence to be suspended on condition that he entered into a bond to be of good behaviour for a period of two years, self in £20 and one surety of £20.Alleged False Pretences.Geoffrey Hayward, represented by Mr. W. H. Sheridan, was before theCourt on a charge of alleged false pretences regarding a dishonoured cheque drawn for £2.Sergt. Johnstone asked that accused be remanded to Sydney, where the offence was committed and where the principal witnesses resided. He anticipated that six additional charges would be laid there.Mr. Sheridan asked for a postponement of the case to allow him to make certain inquiries. He‘d only that morning got notice of this charge.Dect. Clarke deposed: I saw defendant at Kempsey this morning and told him that I had a warrant for his arrest, in connection with money received from Sandals. Ltd., on a valueless cheque. I said that Hewitt's name was mentioned in this warrant issued on 1st September. All the principal witnesses reside in Sydney, and I now ask that defendant be remanded to Sydney.Defendant was remanded to Central Police Court Sydney.Sergt. Johnstone asked for substantial bait, as defendant was walking to Queensland when arrested.Bail was fixed at £25.Charge AlteredAllan Morris was before the Court on a charge of alleged riotous behaviour.Richard Pacey deposed: On 22nd of last month I was at the Victoria Theatre. Belgraye-strect. a little after 7 p.m. I was in the lane at the side of the Theatre. I saw defendant Morris just prior to the pictures and again at 9.30 p.m. I was standing near the side door of the Theatre at half-time. He asked me if I wanted to fight, and he said I was yellow, as I didn’t want to fight there. Morris hit me in the eye. He hit me three times. I was dazed and I couldn’t stand up for a while. I went down.I had marks on my face. After Morris hit me he left by the hack way.To defendant: I didn't say Here will do when you asked me to fight. I didn't follow you about, and I did not tell anyone that I had a knife in my pocket.Harry Lalor deposed: On 22 nd August I was in the lane at the Victoria Theatre at 9.30 p.m. 1 heard Morris ask Pacey for a match. Pacey said to wait till he made a cigarette. The question and answer were repeated. Morris said: If you don't give me a match I'll job you.” Morris then hit Pacey twice, and Pacey tried to get his coat off. Morris hit him whilst Pacey was trying to take his coat off. My wife got hit by Morris. My wife was in a delicate state of health. Morris ran away, getting over the fende at the back of the Theatre. I saw Pacey lying on the ground. I had a child in my arms. Mv wife was distressed.To the P.M.: There were twenty or thirty people in the lane at the time.Dect. Clarke deposed: I saw Pacey in front of the Theatre that night at 9.30. He was standing on the footpath. and he appeared to be in a dazed condition. He had two large swellings on the left side of his face, and a cut over his left eyebrow. His left eye was blackened and almost closed, and he had a lump on the back of his head, and a lump on his left ear. I took him to the lock-up and charged him. On 24th of August I saw defendant at Burnt Bridge. I asked him why he didn't stav till the Police came. He said: “I knew I'd get locked u so I ran away. I said: “Pacey tells me you never gave him a chance; that you king-hitted him while he was taking off his overcoat. He said: “I thought he had a knife. He often has a knife.” I said that Pacey was rolling a cigarette, and defendant said: I thought he might pull it out of his pocket. Defendant said he had nothing in his hand, hut that he'd had his hand strapped up with a handkerchief. I said I’d never heard ofPacey using a knife; but 1 knew he could defend himself if given an opportunity. Defendant said he wasn't going to have a go at Pacey, only that others had kept egging him on. I said that the state of Paccy’s face suggested to me that defendant had something in his hand when he hit. I told defendant that he'd knocked Pacey down and left him, and that he was lucky he was not facing a more serious charge.The P.M.: The evidence does not sustain a charge of riotous behaviour; but 1 propose to re-charge you with offensive behaviour.Defendant pleaded not guilty.Allan Morris deposed: I live atSouth Kempsey. I only hit Pacey in defence. As for hitting Mrs. Lalor. that is impossible. There were several people between her and I.To Sergt. Johnstone: Pacey madea hit at me and missed. He never hit me because he never had a chance. 1 only had the handkerchief on my hand to stop it front getting busted. I stepped over the gate at the back to get out of the lane. The gate was locked. Paccy fell near Mrs. Lalor with his arms swinging.The P.M. said that defendant could not get away with starting a brawl of this description in a public place. Fined £2. with 14/- costs.After ascertaining that expenses ot witnesses amounted to 31/- the P.M. reduced the fine to 10/-, so that accused has to pay a total of £2/15/- or serve six days in gaol.The P.M. also ordered Morris to enter into a bond of £10 to be of good behaviour for a period of twelve months.Noxious Weeds CaiShire Actions Meet With Mixed Success.Shire Inspector J. H. Brown proceeded against Donald Duncan for failure to destroy Noogoora burr.Mr. W. H. Sheridan appeared for the prosecution, and Mr. H. J. Stewart for the defendant.John Henry Brown deposed: I amInspector for the Macleay Shire. 1 produce Ord. 50 of the Local Government Act. I identify the papers containing the advertised notices under the Act. Defendant Donald Duncan is the occupier of certainlands within the Shire. I inspected his farm on 24th July. I had a talk to Mr. Duncan. 1 asked him what steps he'd taken to destroy Noogoora burr. He said lie had a man on to cut it down. I asked him if he burnt it. He said he’d burned some. I said he should have burnt all of it, otherwise it would seed. I said: I'm going to make an inspection and I’ll give you a fair go. He said: I know you will.” I went on with the inspection. I saw 8 to 10 acres that on a previous inspection, on 23rdApril last, had been infested withburr. That portion had been ploughed in. I continued across a lane on the western side to another 8 or 10 acres. I found the stalks1 of the burr, and the burrs fallen on the ground. On the northern headland the burr had been, c««t, down and laid in heaps. I found it had been cut too late, as it bad matured. In a grazing paddock on the eastern side I found the stalks standing and the burrs fallen to the ground. The burrs should have been gathered and burned. I saw norecent attempts at destruction of the burr.To Mr. Stewart: I have seen Mr. Duncan till that portion of land for a number of years. I couldn’t say I saw him till, for I was not there in the ploughing season. I did say it was too late in April last to cut, it, as it was then mature. I say that the burrs must be gathered and burned. The seeds that have fallen will lie dormant till this or next month. I have seen a lot of Noogoora burr, and I don't believe the tale about two seeds coming from one pod. one this year and one next. There are thousands of acres of Shire roads and Crown lands infested. I couldn’t saywhether the Shire cuts burr afterFebruary or not. That is a matterfor the Engineer. I have been Shire Inspector for 25 or 26 years. I have frequently brought the matter under the notice of the Shire. The Shirt has employed men’to dcstrov burr. I know Mr. Duncan is renting the property. He rents portion toother persons. It was too late or» my previous inspection to cut the burr. They had to cut the burr to get at the corn in the headlands. I say it was neglect of the landholders to let them mature. They should have been cut beforeApril last.Norm Parker deposed: I am ShireClerk for the Macleay Shire. I identify the authority to prosecute.Mr. Stewart objected; but the P.M. said the appointment was not necessary.Inspector Brown, recalled: I know Mr. Duncan occupies the land. I have seen him milking his herd there. I saw his cows driven out of the adjoining paddock.Mr. Stewart submitted that there was no satisfactory evidence of occupancy. There had been no attempt to define boundaries. Further on the Inspector's own evidence, the time now was inappropriate to take action. \t was impossible for anyone to do anything of reasonable service in the way of destruction of burr at this time of the year. He submitted that the Shire had gone about its business in a most inefficient manner. The whole thing was most unsatisfactory. It was nonsensical to cut dead stalks down now.The P.M.: I think there is a case to answer.Donald Duncan deposed: Mr. Brown did inspect that day, but he asked me no questions as to what I'd done. 1 have no ploughed ground. I have burnt Noogoora burr. I harrowed the stalks gathered prior to the publication of the notice. I raked dead cornstalks onto them and burned them. You might find an odd burr there. 1 paid up to £13 to have the burrs cut. ITo Mr. Sheridan: I had the burrcut twice and pulled once while green. That was in February and March. 1had them brushed before that. Idon’t occupy all Mr.. Plummer's farm. I made no attempt to pick up fallen burrs, because that would be ridiculous. It would be like trying to pick up hundreds-and-thousands.James O'Neill deposed: I ani afarmer residing at Seven Oaks. Iknow this property occupied by Mr. Duncan. My place adjoins his. Throughout the season I have seen Mr. Duncan with six men cutting and pulling out burr. I'd say he has taken all reasonable means of destroying burr. I have seen him burning burr within the past two months.To Mr. Sheridan: That was green burr that had been cut and stacked.
Newspaper Details
Kempsey Macleay Chronicle
Kempsey, New South Wales, AU
Wed, Sep 16, 1936
Page 8
Full Page
Clipped by
Julie F.
AU 29 Nov 2020
Other Publications Near Kempsey, New South Wales
Kempsey Macleay Chronicle
Kempsey Macleay Argus
