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1881, Frederick McGlencey - Unfit For Publication
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The Hay Standard and Advertiser for Balranald, Wentworth, Maude, Booligal, Wilcannia, Menindie, Bourke, &c, Wed 16 Nov 1881 1

    THE HAY QUARTER SESSIONS will commence on Friday before his Honor Judge Docker. Mr Fitzhardinge will prosecute for the Crown. Following are the cases for trial:—John William Foster, obtaining goods and money by means of false pretences; John Leonard and Alfred Thwaits, robbery; William Sullivan, horse-stealing; Robert Sutton Blore, obtaining money by false pretences; Thos Cavendish, larceny; George Beverley, stealing from a dwelling; George Baker, horsestealing; James Jamieson, horsestealing; and Frederick McGlincey, [sic] indecent assault.

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The Riverine Grazier, Sat 19 Nov 1881 2

HAY QUARTER SESSIONS.
FRIDAY, NOV. 18th.

    His honour Judge Docker took his seat on the Bench at 10 o’clock. Mr Fitzhardinge was present as Prosecutor on behalf of the Crown.

    Frederick McGlincey [aka Frederick McGlencey] pleaded not guilty to a charge of attempt to commit an unnatural offence on George Rice. Mr Reed defended accused.

    Jury—Messrs Fay, Harrison, Bentwitch, Ronald, Campbell, Grant, Tartakover, Bossence, Patterson, Matthews, Reed, Jacka.

    The Crown Prosecutor, in stating the case, deprecated so large an attendance of the public in court, for the purpose of hearing the filthy details of such a case as that about to be tried; it was remarkable that so few attended the court in the morning, when the charges of horse stealing and theft were being dealt with; the circumstance was not to the credit of those people in the court who had not business there, that such a motley crowd should be found anxious to listen to such a case.

    Witnesses named Rice, and Kelly, alias Louis Esmond, were examined and cross-examined at great length by Mr Reed, but the particulars are unfit for publication.

    For the defence, several witnesses were called. After the summing up by the judge, the jury retired, and at 11.15 pm had not agreed, the Judge therefore discharged the jury. Prisoner and witnesses were bound over the appear at next sessions.

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The Hay Standard and Advertiser for Balranald, Wentworth, Maude, Booligal, Wilcannia, Menindie, Bourke, &c, Wed 23 Nov 1881 3

HAY QUARTER SESSIONS.
———

    This court opened on Friday morning, before his Honor Judge Docker. Mr Fitzhardinge prosecuted for the Crown. The solicitors present were Mr FW Reed and Mr F Jhonson.

    Thos Engowan and Alex Forester were each fine 40s [$4] for non-attendance as jurors.

    Frederick McGlincey, on bail, was charged with having, on the 6th June, at Mossgiel, attempted to commit an unnatural offence on George Rice.

    The prisoner pleaded not guilty, and was defended by Mr Reed.

    The Crown Prosecutor, in opening the case, strongly animadverted upon the number of people present in the court when such a case was being tried.

    The following witnesses gave evidence for the prosecution:– George Rice, Lewis Esmond, alias Kelly, and Patrick Conroy, and Mark Brodie, Henry Scott, and Joseph Goodison for the defence.

    Mr Reed addressed the jury for the defence at considerable length, severely handling the witnesses for the prosecution, and otherwise demolishing the story told by them. He dwelt with considerable force upon the improbability and absurdity of the charge, and forcibly pointed out that the whole charge was a made up one for the purpose of extorting money from the accused, and not to get the prisoner punished for the alleged crime.

    The Crown Prosecutor having replied, His Honor summed up the evidence carefully, stating that that [sic] it was a difficult one for the jury to decide.

    The jury retired at a quarter past seven, and at nine o’clock had not agreed, when they were further locked up till a quarter past eleven, when it was found that there was no chance of their agreeing, and they were discharged.

    The prisoner was bound over, himself in £200 [sic], and two sureties of £100 each, to appear at the next quarter sessions.

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The Riverine Grazier, Wed 5 Apr 1882 4

INQUEST ON THE FIRE AT MOSSGIEL.

    An inquiry was held at the Police office, Mossgiel, on Wednesday, 29th March, before a jury of five, by Mr JE Pearce, PM, coroner, respecting the circumstances attending the fire by which the Royal Hotel at that place was burned down on 17th March. The jury were – Messrs Samuel Tucker, James Stevenson, Richard Kirby, Andrew Whittet, and Robert Nichol. Evidence was taken to the following effect:–

    Henry Alexander Laird, storekeeper, said that on hearing the cry of “fire” early on the morning of 17th March, he got up, and saw the Royal Hotel, kept by William Moorhouse, on fire; the whole building was in flames; broke open a window at the back in the hope of saving something, but was repulsed by the fire; helped to empty an adjacent building of its contents, and to turn it over; opened the door of the room above the cellar, and found the cellar locked; asked Moorhouse for the key, but he said there was no use trying to save anything, to let it go; called for an axe, and someone broke open the cellar door; went into the cellar with Gorman, and struck a light; saw two casks and pulled them down; the first was perfectly empty, the second had about two gallons of spirits in it; there was an open case about three parts full of ale or porter and a quantity of bottles, about three dozen, apparently full; did not know what they contained; there were also two or three small mats of sugar; the whole of these things were saved and the cellar itself; took possession of the goods named on behalf of the London and Lancashire Insurance Co, with which company Moorhouse was insured for £250; learned on the following day that Moorhouse had effected another insurance for £400 on his stock and furniture with the National Company, of which witness had not previous knowledge; Moorhouse said to witness, same morning, that he supposed there would be no trouble in getting the money he was insured for; witness said there would be an inquiry held into the whole affair, and if everything was straightforward and above board, there would be no difficulty in getting the money; Moorhouse said “well, you have a good deal of influence in this matter; you know all about me, and if I don’t get the money I am a ruined man”; asked him for what amount he was insured, and he said “£250 in your office”; asked him if he was insured elsewhere, and he said “yes, I am insured for £400 with those chaps who were taking the life insurances”; witness said he had not been aware of that before, but supposed it had been notified to his company; Moorhouse said “you know how matters stand between you and me, Mr Laird; I owe you a good bit of money”; he repeated this two or three times, and witness then said “I can act as I am instructed even if you owed me £1000 instead of what you do”; Moorhouse then said he would give the matter into the hands of his lawyer. It was about a quarter of an hour after witness arrived at the fire before he went into the cellar; was about five minutes there; the cellar is under another building; had received a letter from the London and Lancashire Company to the effect that they had not received notice of the additional insurance with the National; this invalidated the insurance with the London and Lancashire; Moorhouse was indebted to witness about £56.

    Bartholemew Gorman carpenter, in the employ of last witness, gave similar evidence, adding that before they broke open the cellar Moorhouse said there was nothing in it, it was not worth bothering about.

    Martin Donovan, coach driver for Cobb & Co, said that when he first saw the fire it was in the bar only, and coming over the door; there was not much wind blowing; saw Moorhouse, who was calling out “fire”; helped him to pull the coach away from the bar door; could have got in and saved furniture then, but did not propose this to Moorhouse; understood his wife and family had gone to Hay; saw no person come out of the house; did not notice that Moorhouse made any attempt to put out the fire or save anything.

    Constable Jamieson saw the fire and assisted in trying to save the kitchen by throwing water on it and tearing up a wooden footpath; when he got there Moorhouse was walking about by himself; had some conversation with his afterwards; he said “I wish to God I had never seen Mossgiel”; he also said he wished he had been in the fire; heard him say afterwards that he would rather lose the whole lot than anyone should think he had done it. Was in the bar on the previous night; it was very small, and appeared to be full of bottles; did not notice any case goods in it; the servants slept away from the building.

    William Septimus Septimo de Septimo Moorhouse [cousin of Melbourne Anglican Bishop, James Moorhouse] said he rented the hotel from McGlincey at £150 per annum; on the night of the fire only a stranger whose name he did not know, and Mr Underwood, schoolmaster, slept in the building; there had been no fires in the house on the day previous, nor for two months before that; put all the lamps out except the one in his bedroom, before he went to bed; was awakened by a creaking noise, about two o’clock; listening for am moment, he heard what he thought were the pictures falling from the wall; pulled on his trousers and boots and rushed out, calling “fire” and roused everybody in his place; the stranger was the first to come out, and he asked if there were any valuables to be saved; got out his tin box from under his bed, gave it to Underwood, and tried to get into the house again but could not; did not remember telling Mr Laird there was no use in trying to save the cellar; saved nothing but the box referred to; did not know how the fire originated, nor where it commenced; said he wished he had gone with the fire; there were ten rooms in the house, and two others were top rooms in the house, and two beds in every room; paid £150 for stock and furniture when he purchased it; did not know if he had an inventory of the stock and furniture he paid for; kept stock in cellar and bar; could not remember what stock there was in the bar; produced a list of property lost in the fire, making a total of £513. 9s 6d in value; his bedroom led into the dining room; had half a tin of gunpowder; was the last to leave the bar; the place was built of pine timber, lined with hessian; had a lease two years of which are unexpired; the owner said the house was insured; saw no sign of the fire having begun from the outside of the house; had as much room inside the bar as outside it; wanted to increase the insurance with Mr Laird to £300, but his office refused to do it; added more furniture and then insured for £400 more in the National.

    F[rederick] McGlincey said he had the premises and fittings insured in two offices for about £800 – the hotel, fittings, store, pantry and cellar; Moorhouse had about £15 worth of stock.

    James Underwood also gave evidence; being disabled by the loss of an arm, he could not assist much in saving anything; did not think anything could have been saved.

    The jury found that there was no evidence to show how the fire originated, and left it an open question whether the hotel was maliciously or wilfully burnt down.

 


1  The Hay Standard and Advertiser for Balranald, Wentworth, Maude, Booligal, Wilcannia, Menindie, Bourke, &c, Wed 16 Nov 1881, p. 2. Emphasis added.

2  The Riverine Grazier, Sat 19 Nov 1881, p. 3. Emphasis added.

3   The Hay Standard and Advertiser for Balranald, Wentworth, Maude, Booligal, Wilcannia, Menindie, Bourke, &c, Wed 23 Nov 1881, p. 2. Emphasis added.

4  The Riverine Grazier, Wed 5 Apr 1882, p. 4. Emphasis added.