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1879, Thomas Johnson - Unfit For Publication
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The Riverine Grazier, Sat 10 May 1879 1


(Before Mr JE Pearce, PM.)

    Emily Frazer and Emily Fletcher, brought up for drunkenness, were discharged.

    John Wilson, brought up on remand, charged with larceny of a watch, was further remanded till Tuesday.


    Margaret Hayes, who appeared on bail, charged with stealing a £1 note from Emily Frazer, pleaded not guilty. Mr Jhonson appeared for defendant. Complainant on being put in the witness box, could not prove the alleged theft, and the case was dismissed.

    Emily Frazer, on bail, was charged with having no visible lawful means of support. The evidence of two constables was to the effect that they had known defendant for some months and had not known her to do any work, but had seen her very frequently in bad company. Defendant, with whom the onus of proof rested, did not succeed in satisfying the Bench that she had sufficient lawful visible means of support, and was sent to gaol for three months.

    In another action, in which this defendant was charged with assaulting Margaret Hayes in the lock-up, the former was ordered to pay £1 fine.

    Michael Robertson and William Archer, brought up on remand charged with the larceny of silver plate from W McCulloch and Co’s store, were further remanded for eight days.

    Thomas Hill, on bail, charged with horse-stealing, stated that his witness had not arrived from Wilcannia, by coach, but that he had sent a man with a horse to meet him, and asked for a further remand. The Police had no objection, on condition that it would be considered the last remand, and the case was according remanded to the 19th inst.

    HB Broughton, who had been arrested for disobedience of summons, by virtue of a Burrowa warrant, was ordered to find sureties of £80 that he would appear at Burrowa on a certain date, as a witness in a case to be tried there. Mr Broughton stated that he had been prevented from obeying the summons, on receipt of which he had telegraphed his reasons for the course he had taken. Mr Lakeman acknowledged himself as surety for £40, and Mr Broughton himself for £40, for his appearance at Burrowa.

(Before Mr NC O’Neill, PM, and Mr Lakeman, JP.)

    John Gunn, brought up for drunkenness for the first time, was discharged.

    John Wilson, brought up on remand on suspicion of stealing a watch, was discharged, in the absence of a material witness who could not be found and who was reported to have gone to Victoria.

(Before Mr AP Stewart, JP.)

    Patrick Kane was charged under the provisions of the Vagrants Act, with having no lawful visible means of support. There were nine previous convictions against him, and he, being unable to rebut the charge, was sent to gaol for three months, with hard labour.

    Richard Wilson, another old offender, found himself in a similar predicament, and was ordered to be imprisonment for three months in Hay Gaol, with hard labour.

    Mary Ann Brown, who appeared in court with a child in her arms, charged with drunkenness, was admonished by the bench, and discharged.

(Before Mr AP Stewart, JP.)

    Thomas North, junior, pleaded guilty to a charge of working a horse with a sore shoulder, and, as the injury to the animal was of a slight nature, he was fined a nominal sum, amounting, with costs of court and forage charge, to 9s. A similar charge against the boy who was employed to drive the horse was withdrawn. North stating that the horse would not be worked again until it was quite better.

    Kate Drury brought up under the Vagrants Act, was discharged on the understanding that she would leave the town not later than the Thursday following, she having stated that she was going to her old master at the Pineridge.

    Elizabeth Kennedy failed to rebut a charge of not having sufficient visible lawful means of support, and was sent back to gaol for six months, where she had been previously sent for three months in October last.

(Before Messrs Stewart and Lakeman, JsP.)

    Ah Howe charged Thomas Smith with illegal detention of certain pigs, alleged to be the property of complainant, Mr FW Reed, who appeared for defendant, asked for a remand to allow of his client obtaining the attendance of several witnesses. Postponed till Tuesday next.

    Jane Lucas v John Owley, assault; not parties appeared.

    Two charges by the Police against Owley were withdrawn, Mr Sub-inspector Baker stating that Owley had promised either to obtain employment or leave the town.

    An old man named Thomas Johnstone [aka Thomas Johnson] was charged as a vagrant with not having sufficient visible lawful means of support. Mr Jhonson appeared for defendant, and after evidence had been given, asked for a postponement to allow his client to bring witnesses to rebut the charge. Postponed till Saturday.

~ ~ ~ ~ ~

The Riverine Grazier, Wed 14 May 1879 2


(Before Messrs Stewart and Lakeman, JsP.)

    VAGRANCY.—An old man named Thomas Johnstone appeared on bail, to answer a charge of not having sufficient lawful visible means of support. Mr Jhonson appeared for defendant. The case had been adjourned from the previous day. Johnstone not being able to disprove the charge, was sentenced to three months’ imprisonment for the offence with which he was charged, and three months for indecently and in defiance of repeated cautions, wilfully exposing his person in the open court on the previous day. Prisoner became fearfully abusive, using very foul language, and was called back by the Bench. Mr Jhonson withdrew from the case. The Bench, having reconsidered its decision, sentenced prisoner to six months’ imprisonment with hard labour, in Deniliquin Gaol, for each offence, sentences to be accumulative.


    ALLEGED LARCENY.—The prisoners Archer and Robertson, brought up on remand, charged with larceny of silver plate from W McCulloch & Co’s stores were further remanded for eight days in order to obtain the evidence of Mr Porteous, owner of a portion of the stolen property.

(Before Mr JE Pearce, PM, and Mr A Lakeman, JP.)

    WAGES.—A case in which N Athersuch was sued under the Masters’ and Servants’ Act , for non payment of wages to Eliza Markey, was dismissed on the objection being raised by Mr Reed, solicitor, that the account had not been sent in until after the expirations of six months after service.

    ALLEGED ILLEGAL DETENTION OF PROPERTY.—Ah Howe charged Thomas Smith with illegal detention of property, consisting of some pigs. Mr Jhonson appeared for plaintiff and Mr Reed for defendant. Several witnesses were called on either side, and the case was adjourned to Monday next for the evidence of James Donohoe, Smith to retain possession of the pigs in the interim.


    Markey v Athersuch; Mr Reed, for defendant, objected to a portion of the account and stated as to the remainder, that the action had been brought after a cross-action had been commenced by his client. Verdict for £3 5s 6d, being the reduced amount.

    Athersuch v Markey; Mr Reed for plaintiff. Defendant admitted £5 of the amount claimed. Verdict for £5 and costs.

    Basford v Jenkins, £2 3s 7d; no appearance of defendant; verdict for amount claimed, and costs.

    Basford v Isaacs, £6 9s 6d; no appearance of defendant. Verdict for amount claimed and costs.

    Mayne v Robinson, £1 18s 9d. Mr Reed appeared for defendant, and pleaded that plaintiff had been overpaid £5, which sum plaintiff had admitted having received; the charges were disputed as being exorbitant. Mr RW Duncan gave evidence as to the charges. Verdict for defendant.

    Whitty v Newton and Tate, £3 10s, agistment; Mr Reed, for defendants, stated that the plaintiff had by a false pretence induced defendants to depasture their horses at 2s 6d a week in a paddock alleged to be his; and that, as the paddock did not all belong to plaintiff, and his portion of it was not fenced in, the horses were on to the adjacent Crown lands, which is leased to the holders of the Illilliwa run, and were turned out by the lessees, and would have been lost but for the kindness of a friend of the defendants. This was borne out by the evidence; a verdict was given for amount claimed, less 30s expenses, and 13s costs.

    Joseph Bros v Raynor, £1 debt; verdict for amount and costs.

    Blight v Isaacs; £6 9s; verdict for plaintiff and costs.

    Allpress v Maguire; value of a horse; defendant’s witnesses not being present, a verdict was given for £4, and costs of court, to be paid in two months.


1  The Riverine Grazier, Sat 10 May 1879, p. 2. Emphasis added.

2  The Riverine Grazier, Wed 14 May 1879, p. 2. Emphasis added.