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1902, Harold Schofield - Unfit For Publication
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Below also see: Harold Schofield, 1904 – Bestiality
Harold Schofield, 1905

 

The Bowral Free Press, Sat 14 Dec 1901 1

BOWRAL POLICE COURT.
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Friday, December 13, 1901.
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    Before Messrs WS Caswell, PM, RS Mackenzie, JJ Campbell, A Stephens, W Alcorn, B Short, CJ Royle, HM Smith, WF Brenning, RH Roberts, JA Badgery, and T Loveridge, J’sP.

    At the court yesterday the attendance of spectators not only from Bowral but from all parts of the district far eclipsed that on any previous occasion. The Bench was more crowded than usual, and the presence of so many solicitors and a type-writing deposition clerk was quite an unusual occurrence for Bowral.

    Mrs JJ McDonald v W Wade; charge of defamation of character, postponed till next court day on the application of Mr Oxley and Mr Payne, solicitors.

ALLEGED CATTLE STEALING.
———

    Mr Want, instructed by Mr Thomas Marshall of Pitt-street, Sydney, appeared for TA Smith, JA Griffiths, Chapple, W Stenner, J Brooker, W Emery, G Roberts, Alex Smith, and B Moss.

    Mr Moss appeared for W Norman and A Rowe.

    Mr C Bull appeared for the prosecution.

    Mr Want asked the bench to deal with the whole of the cases together after they had been all heard instead of giving judgement after each case.

    Mr Moss asked that the cases of Norman and Rowe be held back, as fresh charges had been brought against him only that morning, and he had not time to go into them.

    Henry Schofield was charged that he did on or about 1st July steal one gelding valued at forty guineas, the property of Samuel Hordern.

    Senior Constable [James] Gallagher of Bowral deposed: About 3 am on 13th November last I saw accused at police station, Bowral, and asked him if he sold a bay colt about 6 months ago to Mr Richmond Whytt, Bowral; he replied, Yes, but afterwards took it away; I asked whether it was his or Mr Hordern’s horse; he replied it was his, and had bought it at Moss Vale at an auction sale, but afterwards said he bought it from a private person, whose name he did not know, but met him on the road at Moss Vale; the person then asked if he would buy the yearling; accused said he gave him £8 and took him home to Alex Smith’s place where all his horses run. I said, Is it not a fact that you sold this horse to Mr Whytt as one of Mr Hordern’s Logan-Breton colts; he replied Yes, I did; Mr Whytt came and took him away from Hordern’s, he having brought him from Smith’s a few days before; I asked him where the colt was, but he said I sold him to a man named Harris, who was at the place one day when he was giving the horses a drink; accused further said Harris bought the colt for £15 and took him away; I then arrested accused on a charge of stealing a brown colt valued at 25 guineas in November last, the property of Sam Hordern; I locked accused up, and he was bailed out next day; I charged accused this morning (Friday) for stealing one horse and one bull valued at forty guineas in about the month of July; accused made no reply; on 1st December inst I saw accused at Retford Park, Bowral; he was then on bail; I told him I wished to ask him several questions, but warned him against answering any unless he thought fit; he said I want to tell you and Mr Hordern everything. Mr Hordern was present; I asked him where he got the colt sold to Harris?, he replied at Moss Vale; I then told him that Smith said you never took him to his place as you said, to which he replied, Alex must be making a mistake; I asked him to put the “X” brand on the colt, and asked him where it was?, and he replied that it was there some years ago; he accompanied Mr Hordern, Mr Peate, and myself to the stable where the branding iron was found under some bags; the iron produced is the one found; I asked him when he first used the brand on one of Mr Hordern’s horses, and he replied when I branded the colt sold to Mr Harris; I said, that is the colt you previously sold to Mr Whytte which you told me you bought in Moss Vale; he answered, yes; subsequently he said I wish to make a confession to Mr Hordern and Mr Peate, but not before you; he then went into a room with the two gentlemen, leaving me outside; subsequently I was called in and the paper was handed to me by Mr Hordern in the presence of Schofield; I read it to him, and asked if it was correct, to which he replied yes. (This was put in for identification). I then took him to the lockup, and when there accused said, I’ll write out a full confession as I have concealed certain things for the sake of my wife and child; about an hour after the document (produced) was handed to me; I had a conversation with him at Mr Hordern’s, and asked how much money he had in the bank, to which he replied about £60; further asked him what his salary was and he said £2 per week, and his wife had saved about £30 from the salary; asked him if he bought a gun and paid thirty guineas for it, and he said yes, also that he had paid £16 for a phonograph and records; I said to accused whilst in the lockup that the amount of money you have in the bank and the amount you have spent does not bear out the truth of your statement; he said I kept certain things back for the sake of my wife and child; accused said on 13th December that the horse and bull sold to Mr Harris of Wanganderry were the property of Mr Hordern, and they are now in the court yard.

    Accused had no questions to ask.

    Samuel Hordern deposed: I live at Darling Point, but have a property, Retford Park, at Bowral; I know accused, who has been in my employ for 14 years as a working caretaker; he was paid £2 per week, with quarters, and had charge of everything outside the house on the estate; he had no right to sell anything on the estate without my written authority, he had no right to barter or sell my property without permission; last Sunday week accused dictated the document produced, which was written by Mr Peate, and afterwards signed by Schofield of his own free will; the colt in the yard I recognise as mine, and I believe the bull is mine; the cold I value at £25, and the bull about £6; Schofield had no authority to sell either, and not to my knowledge have I received any payment; my registered brand is a sort of an octogan [sic] with H in it; I never saw the “X” brand (produced) before it was shown me by Schofield; the colt outside is branded with the X over my brand; but the brand on the bull is indistinct, but I believe it is mine.

    Thomas Louis Peate deposed: I am in the employ of Mr Hordern, and at present have charge of Retford Park; I know accused, and remember the occasion when I wrote the document produced, which was signed by accused; I have been at Retford Park on several occasions while Schofield was in charge, but not to my knowledge has the brand “X” been used as Mr Hordern’s brand; I don’t remember seeing the bull in question before.

    Accused on being asked said he had nothing to say, and was committed for trial at the next Quarter Sessions to be held at Darlinghurst on 20th January or such other place as the Attorney-General may think fit.

    Bail was allowed, self in £100, and two in £50 each.

———

    JW Norman was charged with stealing in November a gelding valued at 25 guineas; altering brand; and also in November for stealing one bull value £6.

    Bail was allowed in the first charge self in £200 and two in £100 each; accused’s own surety being taken as sufficient in the latter two.

———

    George Roberts was charged with stealing five head of cattle in or about the month of November, the property of Sam Hordern, valued at 25 guineas, the previous charge of being an accessory being withdrawn.

    Sergt James McIntosh of Murrumburrah, deposed: I know accused Roberts, who lives at Harden; I arrested him on 3rd of this month on a charge of being an accessory in stealing seven head of cattle, the property of Mr Hordern; accused, after arrest, said he could prove alright that he had purchased the cattle from Schofield; on searching accused I found a cheque book; in consequence of a wire received on 2nd inst I asked accused if he purchased any cattle from Schofield at Bowral, and he said yes, about three months ago I bought a cow and a heifer, the former being with his brother James, at Cootamundra; further asked him if he purchased two steers from Alex Smith with Mr Hordern’s brand on, to which he replied: Yes, about 16 months ago; and one was on the Blind Creek Common; I then asked him if he did not purchase nine or ten head from Schofield, and he said: No, only the two I told you of; that was what I understood him to say; accused said that he kept them in a paddock rented from Mr Oxley about four miles from Bowral; he said he had no stock in the Murrumburrah district bought from Schofield; I asked him if he had any at Galong, and he said No, only a bull; accused said: Is Schofield in trouble over these cattle?, to which I replied I did not exactly know, and asked him who Schofield was; accused said: Mr Hordern’s manager, and that he had been selling stock openly; he said he would write to Schofield that night and find out what was the matter; we then parted, and receiving further particulars that night I saw Roberts again next morning and told him that Schofield said he sold you nine or ten head of Mr Hordern’s cattle and they were supposed to have come to this part; I than read him the information (produced), and the documents (produced) were found on accused when arrested; accused asked me to tear the letters up; at the time of my showing Roberts the list, he said, I did wrong yesterday in not telling you about these cattle, but the reason was that he did not want to put young Schofield away, as he has not got much, and has a wife and child to keep; I asked him if he got a receipt for the cattle, and he replied; No, but had told Schofield that if he sold the cattle he would require a receipt; Schofield had not sent receipts, although I have written to him; I told him I was instructed to take possession, and asked if we could find them; he said I think so, I’ll go and look for them; after going about a quarter of a mile accused pointed out a young unbranded bull as being one of the Hordern lot; he then went away by himself, but said he only saw a young unbranded heifer; after the arrest, as accused was passing to the lockup, I heard him say that Alex Smith had said that if Schofield did not mind he would “fall in” over the game; I have brought from Murrumburrah the young bull and heifer referred to, also two of the young bulls recovered at Cootamundra; one was unbranded and the other freshly branded; accused said the other heifer (meaning the fifth) was not there; I brought 12 head to Bowral, recovered from Murrumburrah and district; four are now in the court yard.

    By Mr Want: I arrested Roberts in consequence of a telegram received from Bowral; the two unbranded cattle are the two the accused was charged on. I have known accused for years who bought extensively in every part.

    The court at this stage adjourned for lunch, and on resuming Senr-Const Gallagher gave lengthy evidence; also Const Wren of Cootamundra, and Mr TL Peate, after which Henry Schofield was put in the witness box, his examination occupying the greater part of the afternoon, and at time of adjournment, ¼ to 6, was not concluded. The court adjourned till 9 am this morning. A full account of the proceedings will appear in our next issue.

~ ~ ~ ~ ~

The Bowral Free Press, Wed 18 Dec 1901 2

THE
BOWRAL SENSATION
———◦———
BOWRAL POLICE COURT.
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Alleged Cattle Stealing.
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Friday, December 13, 1901.

    Before Messrs WS Caswell, PM, RS Mackenzie, JJ Campbell, A Stephens, W Alcorn, B Short, CJ Royle, HM Smith, WF Brenning, RH Roberts, JA Badgery, and T Loveridge, J’sP.

    At the court the attendance of spectators not only from Bowral by [sic] from all parts of the district far eclipsed that on any previous occasion. The Bench was more crowded than usual, and the present of so many solicitors and a type-writing deposition clerk were quite unusual for Bowral.

    Mr Want, instructed by Mr Thomas Marshall of Pitt-street, Sydney, appeared for TA Smith, JA Griffiths, Chapple, W Stenner, J Brooker, W Emery, G Roberts, Alex Smith, and B Moss.

    Mr Moss appeared for W Norman and A Rowe.

    Mr C Bull, instructed by Mr HM Oxley appeared for the prosecution.

    Mr Want asked the bench to deal with the whole of the cases together after they had been all heard instead of giving judgement after each case.

    Mr Moss asked that the cases of W Norman and A Rowe be held back, as fresh charges had been brough against them only that morning, and he had not time to go into them.

——————

    Henry Schofield was charged that he did on or about 1st July steal one gelding valued at 40 guineas the property of Samuel Hordern.

    After hearing the evidence of Senior-Constable Gallagher, as to the arrest of Schofield; Mr Samuel Hordern, owner of Retford Park; and Mr TL Peate, at present in charge of Retford Park.

    Accused on being asked, said he had nothing to say, and was committed for trial at the next Quarter Sessions to be held at Darlinghurst on 30th January or such other place as the Attorney-General may think fit.

    Bail was allowed, self in £100 and two in £50 each.

——————

    JW Norman was charged with stealing in November a gelding valued at 25 guineas; altering brand; and also in November for stealing one bull value £6.

    Bail was allowed on the first charge self in £200 and two in £100 each; accused’s own security being taken as sufficient in the latter two.

——————

    George Roberts was charged with stealing five head of cattle in or about the month of November, the property of Sam Hordern, valued at 25 guineas, the previous charge of being an accessory being withdrawn.

    Sergt James McIntosh, of Murrumburrah, deposed: I know accused Roberts, who lives at Harden; I arrested him on 3rd of this month on a charge of being an accessory in stealing seven head of cattle, the property of Mr Hordern; accused, after arrest, said he could prove alright that he had purchased the cattle from Schofield; on searching accused I found a cheque book; in consequence of a wire received on 2nd inst I asked accused if he purchased any cattle from Schofield at Bowral, and he said yes, about three months ago I bought a cow and a heifer, the former being with his brother James, at Cootamundra; further asked him if he purchased two steers from Alex Smith with Mr Hordern’s brand on, to which he replied: Yes, about 16 months ago; and one was on the Blind Creek Common; I then asked him if he did not purchase nine or ten head from Schofield, and he said: No, only the two I told you of; that was what I understood him to say; accused said that he kept them in a paddock rented from Mr Oxley about four miles from Bowral; he said he had no stock in the Murrumburrah district bought from Schofield; I asked him if he had any at Galong, and he said No, only a bull; accused said: Is Schofield in trouble over these cattle?, to which I replied I did not exactly know, and asked him who Schofield was; accused said: Mr Hordern’s manager, and that he had been selling stock openly; he said he would write to Schofield that night and find out what was the matter; we then parted, and receiving further particulars that night I saw Roberts again next morning and told him that Schofield said he sold you nine or ten head of Mr Hordern’s cattle and they were supposed to have come to this part; I then read him the information (produced), and the documents (produced) were found on accused when arrested; accused asked me to tear the letters up; at the time of my showing Roberts the list, he said, I did wrong yesterday in not telling you about these cattle, but the reason was that he did not want to put young Schofield away, as he has not got much, and has a wife and child to keep; I asked him if he got a receipt for the cattle, and he replied: No, but had told Schofield that if he sold the cattle he would require a receipt; Schofield had not sent receipts, although I have written to him; I told him I was instructed to take possession, and asked if we could find them; he said I think so, I’ll go and look for them; after going about a quarter of a mile accused pointed out a young unbranded bull as being one of the Hordern lot; he then went away by himself, but said he only saw a young unbranded heifer; after the arrest, as accused was passing to the lockup, I heard him say that Alex Smith had said that if Schofield did not mind he would “fall in” over the game; I have brought from Murrumburrah the young bull and heifer referred to, also two of the young bulls recovered at Cootamundra; one was unbranded and the other freshly branded; accused said the other heifer (meaning the fifth) was not there; I brought 12 head to Bowral, recovered from Murrumburrah and district; four are now in the court yard.

    By Mr Want: I arrested Roberts in consequence of a telegram received from Bowral; the two unbranded cattle are the two the accused was charged on. I have known accused for years who bought extensively in every part.

    The court at this stage adjourned for lunch, and on resuming,

    Senior-Const Gallagher deposed: I know accused; when I saw him at the police station, Bowral, on 4th inst, I said I was going to ask him several questions but he need not answer unless he thought fit; asked him if he sent two cheques from Mittagong to Schofield stating that if these cheques were not right to communicate with him at Cootamundra; accused replied: Yes, I did; asked him why he wrote the letter knowing that the cattle purchased were Mr Hordern’s; he answered that he did not think there was any harm in that; I asked him if Schofield wrote to him to Cootamundra stating that the cheque for the heifers was alright, but that for the bulls was not; he answered: Yes, I asked him if he did not withdraw the cheque in favor of Hordern and write it out in favor of Schofield; he replied: Yes; I asked him if he did not know that the cheques were for Mr Hordern, and that Schofield would pay them into his credit; he replied: Yes, I thought he would; I then asked him if it did not strike him, when asked to withdraw the cheques from Mr Hordern’s name, that he wished to convert the money to his own name; accused replied that he did not then see any harm in it, but he did now; I then asked him if he thought everything was fair and square when Sergt McIntosh went to him, why he did not tell where the cattle were; he said: I wanted to find out if it was serious first; I then asked what it mattered to him, but he made no reply; I then asked him if the letter found on his possession addressed to Son was Son Wallace at Mittagong, and he replied: Yes; I then asked him why he wrote to Wallace if he knew nothing of Schofield’s doings, asking him to do certain things, see Smith, and say nothing about it; I asked him if he had not on several occasions tried to persuade Schofield to sell Mr Hordern’s stock; he said he did not tell Schofield that he would take them out of the district, but he did not take them out; this conversation took place on the 4th inst; (several letters found in Mr Roberts’s possession were then read); I asked accused if he knew the cattle he was purchasing from Schofield were Mr Hordern’s; I also said if he knew such why did he draw cheques out sometimes in Mr Hordern’s favor and sometimes in Schofield’s? He replied that he thought there was no harm in it. Accused was then charged with being an accessory, but this morning was charged with stealing five head of cattle valued at about £25; he said what about the others, I must bring out all about them.

    By Mr Want: The arrests made were made entirely on my own responsibility; I asked the Crown for assistance and they sent me Mr Bull; I asked the accused questions from a letter that had been found in his possession; I have arrested eight farmers, and have caused three others to be arrested; I did not go to the bank to find out what money had been paid in; in the case of Brooker, for stealing a bull, I did not find out whether Mr Hordern had received payment, not from the bank or Mr Hordern; I have seen Mr Hordern about three times about the matter; I have about 57 head of cattle in the yard; I knew that Schofield had been selling stock to a good many people beside those arrested; I did not know till about a fortnight ago that Schofield had been conducting auction sales at Moss Vale; I have been in Bowral for three years; I never knew that Schofield had been selling stock with or without authority; I do not know whether Schofield has ever advertised himself as Manager of Retford Park; I never found out from Roberts what he paid for the various cattle, but saw the amounts paid by the cheque book; I subpœned [sic] the bank manager at Mittagong on Wednesday, but he was let out on bail; in speaking to the manager of the bank at Bowral he said he would furnish a statement.

    First-Class Const Wren, of Cootamundra, deposed: On the 9th of November I saw accused at the sale yards, Cootamundra; accused pointed out four head of cattle in the Bowral court yards today; at the Cootamundra sale two bulls (now in the yard) were sold on account of accused; on the 4th December I took charge of these.

    By the PM: I have shown these to Mr Hordern.

    By Mr Want: At the sale of cattle at Cootamundra four cattle were announced by the auctioneer and sold as Mr Hordern’s pedigree cattle, one Jersey bull was sold for £9 5s, which was a fair price for that place, and an Ayrshire brought £5, also a fair price as it was only a calf; the advertisement did not announce that the cattle were Hordern’s; they were unbranded at the time of sale.

    Thomas Louis Peate deposed: I am in Mr Hordern’s employ, and have seen four cattle outside identified with this charge, amongst which was an Ayrshire and a Jersey, the former sold without the pedigree would be worth about £6, and the latter £10, but with the pedigree the value would perhaps be more than doubled; the Ayrshire would be worth about £10, and the Jersey from £15 to £20; Schofield was manager of the estate; there was no check on Schofield and he may have been selling for five or six years without Mr Hordern knowing; there was no notice given to the public that they were not to buy from Schofield; Schofield had not kept any books, or I can’t find them to see what price was got for the cattle sold at Moss Vale as Mr Hordern’s pedigree cattle; I think they brought about £5 each; I have been employed as a clerk at Mr Hordern’s, and visit Bowral as his friend.

    Henry Oliver Schofield deposed: I have up to recently been in the employ of Mr Hordern; my duties were to look after the stock, give the men work and do work myself; my wages were £2, a house to live in, and perquisites such as milk, butter, etc, for a nominal sum; I had no authority under any circumstances to part with any of the stock on the estate; if anyone wanted to purchase any stock, it was my duty to write to Mr Hordern; I know accused as a dealer of cattle; I have seen two Ayrshires and one Jersey outside, which were Mr Hordern’s cattle and sold by me to Roberts without permission whatever; I have made statements to the police in a similar strain to what I have just said; I have made two written statements and quite understood what I was doing; Roberts came to see me about three weeks ago and said to me, I see you have some good heifers over there, meaning in one of the paddocks; will you sell me one; I said no, I only have a few and want to breed from them; he said, you’d better let me have one; I said no; he then said he wanted to take them up the country and offered £4 for one or £8 for two, as he would like to have a good show heifer; I said I can’t sell without Mr Hordern’s authority, but accused said, I’m going to take them up the country, it will be alright, as no one will know about it; he then spoke about some young bulls which were in an adjoining paddock, I said I could not sell them as Mr Hordern was showing some cattle in Sydney and they would bring good prices; he then asked me to let him have three bulls as he wanted to take them up the country; I told him I could not sell as Mr Hordern had seen them there and I might get into trouble, to which accused replied, Oh! I’m taking them up the country and no one will know where they are; I consented to his offer of £13 for three; he said, I’ll come back in a day or two; I think it was three days afterwards he came over and met me in the paddock where the heifers were. Accused took delivery of the cattle and said he would send two cheques by next day; I received the cheques with a note; the cheques were on the Mittagong Commercial Bank, the amounts being £8 and £13, the £8 being made in Mr Hordern’s favor was paid to his credit; I paid the £13 to my own credit; I received two cheques for £13; I sold Roberts about a week before two Ayrshire cows for £8 each; I threw the letter that Roberts sent into the fireplace. Accused took the three bulls and two heifers away on the same day; I got the second cheque for £13 in my house about a week after the cattle were taken away; The first cheque for £13 was in favor of Mr Hordern and the second was drawn out in my favor which was cashed; and paid into my credit, I returned the first cheque for £13, Mr Roberts came to my house in response to a note from me and asked if I had the other cheque; I said yes, it is inside; we went into the dining room and I handed him the cheque, whereupon he drew out another in my name; when going away accused said, I suppose that will be alright now, and I said yes; accused on this occasion said he could have sold some of the cattle at Mittagong but did not think it safe; whilst in the paddock before the purchase accused said, I don’t suppose Mr Hordern knows all the bulls he has; the cattle sold for £16 were Mr Hordern’s I had no authority to sell; I have sold Roberts nine head of cattle altogether; my first transaction with him was about 12 months ago in connection with two heifers at Troy’s which Roberts offered to buy; I said I don’t care about selling as I have no authority; but he said, you had better let me have them as it will save you running them round the road; he gave me a cheque for £5, and I believe he took them away.

    By the Bench: I swear I told Roberts I had no authority to sell; I have been at Mr Hordern’s for about 13 or 14 years, during which time Mr Hordern held several auctions in Sydney and Moss Vale, no sale had taken place at Cootamundra to my knowledge under instructions from Mr Hordern; the auctions were held about every year.

    By Mr Want: I warned Roberts that I had no authority to sell; Mr Troy wanted to buy the two heifers for £5, but I swear I never agreed to sell them; I never told Troy I had no authority; Roberts never said you might as well let me have them as Troy; I did tell everyone that bought cattle that I had no authority to sell; I never sold any cattle to Mr Windeyer; the amount given for two heifers which I said was £8 may have been £10; that had been paid to Mr Hordern’s credit; I sold Harris a pony and a bull, but never told him that I had no authority; the £5 given me by Mr Brooker was banked to Mr Hordern’s credit; I know nothing about the First Offenders’ Act ; It was about 8 or 9 months ago after Roberts bought the heifers from Troy’s before he came again to buy; the cheques for the £8 and the £13 were made out in Hordern’s name; I never asked him to change the cheque; I may have sold cattle, etc, previous to two years ago but under Mr Hordern’s authority; I have sold about 30 cattle to Mr Murray; and I have been in the habit of selling cattle; I am known as manager of Retford Park; I am not advertised as manager; I am in the habit of receiving money for services of stud horses; I was at the sale at Moss Vale, but do not remember the prices obtained; there were long pedigrees to each; Weaver and Perry were the auctioneers.

    George Roberts bound himself over for £100 to appear at 9 o’clock next morning.

——————
SATURDAY MORNING, DEC 14TH.

    On resuming on Saturday morning Schofield was again placed in the witness box.

    By Mr Want: I cannot remember prices realised for cattle at the Moss Vale sale. I have a list of the bulls sold at Moss Vale, but it is at home; the cattle were advertised in the paper the day before the sale by myself; I did not send circulars round intimating farmers of the sale; I put a reserve of £5 5s per head; I used to work at Gardiner’s when Mr Hordern had his horses there; I have never been in trouble over any race meetings. I will not swear how much money has been paid to Mr Hordern out of the 57 head of stock; I sold Roberts a bull in August for £8, which I think was paid to Mr [Hordern ?]; I will not swear in whose favor the cheque was drawn; I did not tell Roberts on each occassion [sic] he bought stock from me that I had no authority; I have not kept a tally of all beasts sold, except those sold with Mr Hordern’s consent; I never sent Mr Hordern a statement, but simply paid the money into the bank; I keep no cash book of what I sell; a person named Wills, Robertson Park, bought a pair of bulls for £5 10s; I do not know whether that money was paid to Mr Hordern’s credit; I never told Wills I had no authority to sell; that was about 9 months ago; I never sold Morrow or offered to sell him any stock; when travelling with a stallion; I never invited Mr Morrow to come and look at any stock; I know Moss, at Robertson, who is a cattle dealer; I swear never asked Moss to come and have a look at some bulls, while I was travelling with a stallion; Moss afterwards came to the Park and gave me a stock-whip for a bull; he never paid me £4 10s; I swear I did not ask Moss in Gosper’s presence to have a look at some bulls; I bought a thong from Moss for 12s before this; I swear I never offered to sell Const Gallagher a bull on behalf of his father; in the first place I was arrested without a confession; but have since made on; the confession (produced) is the one I wrote, but it does not contain anything about my not having the authority to sell; in the first confession I did not want to give anyone away; but in the second I made up my mind to tell every thing as my wife thought it best; after making the confession at the lockup I told Const Gallagher I had no authority to sell; I have been kept in the dark regarding the case, and have seen no solicitors; I have made a statement to the police after the confessions were made; the statement was made in the office of the court house; I swear I did not know that that was done with a view to calling on me as a witness; I was not asked to give evidence; I sold Mansfield a bull and a cow for £8 each about 8 or 9 months ago respectively; the bull was a yearling and the cow 2½ years; the cattle were branded with with [sic] Hordern’s brand and were running on the farm adjoining Mr Hordern’s; I never had authority to sell, but never told Mansfield so; Mansfield has exhibited the bull at a show and received a prize; the cattle bought by Harris, Wells, and Mansfield were taken away from the estate, the parties coming for them whilst Mr Hordern was away; I have sold Jas Griffiths nine head of stock; E Griffiths, three, and John Griffiths; John Griffiths did not know I was selling without authority, nor E Griffiths either; I have a receipt book at the farm; the receipts produced for Griffiths are for cattle sold on the farm; I will not swear whether I gave Murray any receipts or not; others may or may not have got receipts, I had authority from Mr Hordern to sell Murray fat cattle for killing, but sold a cow in calf to him, with permission; I do not think I sold Murray any cattle without authority.

    By Mr Bull: The cheque brought to me to the lockup was for wages due; that is the only cheque I have seen since being locked up; I got a cheque from Roberts drawn in my favor; I don’t think I gave him a receipt; the whip (produced) was given me by Moss for a bull; independent of the whip given me I bought a thong; Mr Hordern has not been on the farm above three times this year; his visits were very brief; Mr Hordern visited the park just before Roberts bought the three bulls; he saw them then; the fat cattle sold to Murray was with Mr Hordern’s authority; similar instructions were carried out regarding the cow; the instructions regarding sales to other people were not similar.

    By the Bench: The book the receipts were given from was from a book I purchased on my own account.

    By Mr Bull: I have identified three bulls and a heifer in the yard which were amongst those sold to Roberts without authority from Mr Hordern of any description; there is a receipt book kept on the farm for horse services, but not for anything else; the forms (produced) regarding stallions were supplied from Sydney;

    Samuel Hordern deposed: I know Schofield; who was employed by me in the capacity of caretaker; I never knew of the sale of three bulls and a heifer to Roberts; Schofield had no authority whatever to sell Roberts any of the stock; all the cattle on the Retford Park are my own personal property;

    By Mr Want: I swear I have not been paid for all of the cattle in the yard; I do not know whether Schofield has put any money in the bank to my credit; Schofield is in the habit of feeding my account in the bank at Bowral; I have not authorised the proceedings; they are absolutely taken without my authority; I have not engaged Mr Bull, he is acting for the police; not to my knowledge has any money been paid to my credit for cattle sold by Schofield; before the arrest I was asked if Schofield had any authority to sell? I said no; Schofield may have been advertised as manager of the Park; Mr Power had control of the Bowral estate; I cannot swear that I have not been paid for cattle sold; I have no tally for what money has been paid into the Bowral bank; it might be several years at a stretch before I see the pass book; I have given the police permission to examine my pass book at Bowral.

    James Euston Graham deposed; I am a clerk in the Mittagong branch of the Commercial Bank; I appear in place of Mr Cottee (manager); a cheque on July 15/01, £8, drawn in favor of H Schofield, signed G Roberts, was paid to JB Hill’s account; also another cheque on the same date for £5 signed by Roberts, was paid to Mr Hordern’s credit; a cheque on Nov 21st, for £13 was drawn out in favor of Schofield, signed by Roberts was paid into JB Hill’s credit on 23rd Nov; on Aug 9 a cheque for £8 was drawn by Roberts in favor of Schofield was cashed by RG Burn (Grand Hotel); also on the same day a cheque for £8, drawn by Roberts in favor of S Hordern, was paid to the latter’s credit; a cheque dated Nov 6, drawn by Roberts in favor of S Hordern for £10 was paid to the latter’s credit on 12th Nov; the list (produced).

    By Mr Want: The cheques paid into Mr Hordern’s credit correspond with the butts in the cheque book found in Roberts’s possession and also the cheques drawn out in favor of Schofield in connection with the charge of stealing brought against Roberts with the exception of two for which butts could not be found; the first intimation regarding the case that the bank received was about two weeks ago; I produce a cheque drawn out by Schofield in favor of Mrs McKie, and one in favor of Mr Scott.

    Gavin George deposed: I am manager of the Commercial Bank in Bowral; RJ Hargrave is my accountant; the statement made by him as to payments to Mr Hordern’s account is a true account.

    JB Hill deposed: I am a storekeeper in Bowral; I know Schofield, who was a customer of mine, having an account at the shop; there was also an account against Mr Hordern; a cheque for £13 in favor of Schofield may have been cashed; Mr Hordern’s account is paid by cheque; a cheque for £8 may have been cashed.

    James Henry Burn deqosed [sic]: I am manager of the Grand Hotel, Bowral; I know Schofield; the cheque (produced) was cashed at the hotel, but I cannot say by whom.

    By Mr Want: Schofield was recognised as manager of Retford Park.

    Henry Schofield, recalled, deposed: The cheques fo £8 and £13 were paid by me to Mr Hill; the first was changed in payment for some cartridges; the cheque for £13 was cashed at Hill Bros, the proceeds being paid into my account at the bank; a cheque for £8 was cashed at Mr Burns’ and afterwards put into my own credit.

——————
SATURDAY AFTERNOON.

    On resuming,

 

    Mr Gavin George, Manager of the Commercial Bank, produced a document showing monies paid into the bank by Schofield.

    Jonathon Brooker deposed: I am a dairyman living at Kangaloon, for the past 35 or 36 years; this is the first time I have been charged with anything of this kind; I know Schofield; he has always been recognised as manager of Mr Hordern’s farm; I had one deal with him; I first saw Mr Schofield in Bowral, and asked him if he had any bulls for sale; he said he had a few cut there; a week or two after then Mr Emery and I went to the farm and selected a bull; I purchased a yearling Ayrshire bull; I gave him £5, which he asked; I paid him by cheque; a few days after I came for delivery, taking Emery with me; Emery also bought one; we took delivery on the same day; the cheque produced is the one I gave to Schofield; Schofield turned the cattle out of the yard, and we took delivery; it is absolutely untrue that Schofield said he had no authority to sell or he would get into trouble; I took the bull on to my farm at Kangaloon; it was unbranded; I got no receipt; I took the beast away on 31st July; I never heard another word about this till a week ago, when I was asked to bring the bull into Bowral, and then I was arrested without any summons.

    To Mr Bull: I had the bull in my possession since 31st July last; I had no registered brand; I bred a few cattle, but do not brand; I have about 20 head of cattle at my farm; I purchase occasionally from different people; I never get a receipt; I reckon a cheque is as good as a receipt;

    To Mr Want: I think the £5 a fair price to give for the beast.

    To the Bench: I am not in the habit of crossing the cheques.

    To Mr Bull: I never put any distinguishing mark of any sort on my cattle.

    Gavin George, manager of the Commercial Bank at Bowral, said the cheque produced for £5, and drawn by Brooker, was paid into Mr Hordern’s account. Schofield was generally recognised as Mr Hordern’s manager.

    George Troy deposed: I have not had the pleasure of being run in (laughter); I am a farmer and grazier, and live at Cootamundra; I was born in the district; about 12 months ago my brother (who was very ill) negotiated with Schofield for the purchase of two heifers, which were afterwards purchased by Roberts; Schofield came to our place to get a bull that was in the paddock, and my brother said there were two heifers of Hordern’s in the paddock; Schofield asked my brother to buy them, but I did not hear any price mentioned; my brother declined; five days after Schofield again came up, and asked my brother again to buy; my brother said he would see about it; Roberts was present then; I suggested that Roberts should buy them if they were worth it; Schofield did not say he had no authority to sell them; Roberts said he would see the heifers, and perhaps purchase them, and then if my brother got well he could have them at the same price; I asked Schofield the same day what he wanted for an Ayrshire bull, and he said I could have one for £10; I was in Bowral afterwards and saw a bull in a paddock, but did not buy; my brother died shortly afterwards.

    William Stenner deposed: I am a laborer and live in Bowral; I have been for some years in Mr Hordern’s employ up to last Tuesday; Schofield was the general manager there, and sold cattle; I have been on the run when Schofield twice sold cattle; about July this year Schofield asked me to purchase some stock—a pony and a draught filly; I was in the paddock when Schofield said: One of those ponies would suit you Bill, you had better buy it; he said I could have it for a fiver, and at his suggestion I bought it, giving him five sovereigns for it; I put the pony on my brother-in-law’s adjoining farm, and being too wild for me, asked Norman to break it in, and it was brought into Bowral. I did not know, and Schofield did not tell me, that he had no authority for selling it; I would not have bought the filly in that case. I was arrested for stealing the pony, and put in the lockup. There are more comfortable places than that; this is the first time I have been in this position. I am now working again at Hordern’s farm; I have been at Hordern’s nearly three years. I also bought a draught filly in the latter end of August; Schofield asked me what it was worth; I said about £10 or £12; he said I could have it for £10; I had not the money in the house, and borrowed a cheque from Mr Hill in Bowral, and I paid the cheque to Schofield. I put the filly in the adjoining farm to be broken in. The cheque was drawn in my own name; I was only arrested once, but I suppose it meant for both horses (laughter). Schofield did not tell me what he did with the cheque.

    To Mr Bull: We usually addressed Schofield as “Harry.” There are three others working on the farm—Bowtell, Walters, and Chapple. Chapple was present when Schofield offered me the pony. No one was present on either occasion when I paid the money. My wages are 30/- a week, and I am married and have a family; I have no other source of income; a week or two before I sold a horse for £10, and out of that I paid £5 to Schofield. Walters has been on the farm about 5 years. I told Walters about the pony before I took it; I did not mention to Mr Hordern about the pony or the filly; I did not get a receipt in either case from Schofield. I was engaged particularly in clearing. It is a little over two months since I saw Mr Hordern on the farm. I only spoke a few words to Mr Hordern in my life. I sold the pony to Norman the butcher and got £6 for it. I sold it about a couple of months ago.

    Benjamin Moss deposed: I have resided at Robertson for about 16 years. I have a saddler’s shop, and also do some dealing. I have bought £7000 or £8000 worth since last January. Schofield is known as Hordern’s manager out our way. About two years ago Schofield was travelling with a stallion for Hordern, and took the money. He was in my shop with Gosper, and I asked him what he would charge for an Ayrshire calf and he said £5. I fixed a date when I should go and inspect. Schofield bought a whip from me about that time for 25/-. He paid cash for it. I went to Mr Hordern’s farm, and had dinner at Schofield’s. There were five bulls on the farm, and I got one for £4 5s, paying cash for it. I took delivery, and afterwards put it on my farm. Schofield told me he had authority to sell—never said he had no authority. There is not a word of truth in Schofield’s evidence that I gave a whip for that bull. I was arrested out at Robertson; they did not want to give me bail that night, Constable Gallagher saying it was too late to get bail. I got my bondsman there, and the magistrate was present.

    To Mr Bull: I was in the policeman’s office only a few minutes. Constable Gallagher, after saying it was too late to give bail, turned to Mr Oxley, and said he would leave it with Mr Oxley; I was only in the office twenty minutes. I did not get a receipt, and never do.

    William Gosper deposed: I am a stud groom, and live in Bowral. I have known Schofield for three seasons, as manager at Mr Hordern’s. Schofield and I generally met at Robertson, and usually met at Moss’s shop; on one occasion Moss asked Schofield if he had any Ayrshire bulls, and Schofield said he had one for a fiver; Schofield never said he had no authority to sell, nor did he at that time.

    To Mr Bull: Perhaps the reason Schofield did not have a man travelling with stud cattle for him was that he did not have confidence in them.

    William Chapple deposed: I am a farmer living at Mittagong; have been here all my life. Schofield is Hordern’s manager. I bought a bull calf off him in March this year. I went to the farm to buy a bull and saw Schofield there. I asked him if he had a bull for sale. There was a little bull calf running with a heifer, and he said that would suit me, and I could have it for £2. That was its full value. It was a Jersey calf about three months old. I asked him to help me up with it, and he said I could have the calf’s mother till she went dry, and I could return it. I took them away, and afterwards the cow got very poor, and I wanted to take it back again, but he said I should buy it. I offered him £2, which he refused at first, and afterwards agreed to take it. I paid the £2 for the calf at the time in notes, and a few days afterwards paid him for the cow in Bowral. Schofield never told me he had no authority to sell, or I would not have bought them. I put the cow and calf on my farm, which adjoins Hordern’s; in August last Schofield brought a filly to my place in company with one he was bringing for Stenner. He wanted £7 for the filly, which I ultimately agreed to give if he would wait a while. I have not yet paid for the filly. I have been arrested for stealing all this stock.

    To Mr Bull: I got no receipts from Schofield. I intended to pay for the filly the day before yesterday (12th). There was no arrangement that I should have three months’ credit.

    Thomas Alfred Smith deposed: I am a farmer living at Comerton Park, about five miles from Bowral. There is one farm between Hordern’s and my farm. I have had negotiations with Schofield. I had a note from him in reference to a filly at Hordern’s. I went to see it; it was a poor filly. I told him I would give him £2 10/- for it; it was not worth more. He also said he had a heifer to sell, and offered him £6 for the filly and the heifer; he said “alright, you can have it;” it was the full value of both of them. I paid for them at the time in cash and took them home. Schofield never told me he had no right to sell, or I would not have touched them. I bought them two years ago. I afterwards disposed of them. On another occasion I asked Schofield if he had a draught mare to be broken in. He said he had. I took it, and when broken in took it back again. In all these transactions I always dealt with Schofield. About twelve months ago I got a horse to break in, and then asked if it was for sale. Schofield said he would see Mr Hordern. I saw Schofield afterwards and he said as you have broken him in I will let you have first offer, and asked what it was worth. I said about £16, but Schofield said she was worth more, that she was in foal to Login Briton; witness replied that as Login Briton was not a draught horse the foal would not be of much use to him. Schofield then said you can have the mare for £16, and if a draught horse is at the estate next season I will let the mare be served by him, and you can give Login Briton’s foal. Witness paid Schofield the £16 in notes, but did not get a receipt. Kaughman was present; I paid the money at my place; I knew Schofield had been in the habit of selling stock—never Mr Hordern. The draught horse did not come, and I paid £5. The next I heard was that Schofield had been arrested. Mr Hordern, with constables Gallagher and Spencer, came to my place, and told me that the horse I had paid £16 for had been stolen, and asked would I bring it in. Gallagher asked me if the horse was branded, and where I bought it; I said from Schofield; I brought it into the police yard at Bowral, and was told I was wanted in the office, and was then arrested for stealing four head.

    To Mr Bull: When Mr Hordern and the policeman were at my place the former joined in the conversation, and as they were going away Mr Hordern said I can plainly see you know nothing about it; you have been robbed the same as I have.

    The court here adjourned at 4.30 until Monday morning.

——————
MONDAY, DEC 16.

    Before Messrs WS Caswell, PM, RS Mackenzie, JJ Campbell, and WF Brenning, JsP.

    The court was again crowded.

    Evidence was given by James Patrick Griffiths, and lengthy evidence by the accused (George W Roberts).

    Messrs Want and Bull having addressed the Bench.

    The Chairman (Mr Caswell, PM) said that two gentlemen on the bench were for a dismissal; Mr Mackenzie and himself were determined to commit. The property that had been stolen was found in Roberts’ possession under compromising circumstances, and with Schofield’s evidence established a prima facie case.

    The accused was committed for trial at the Metropolitan Quarter Sessions on 30th January next. Bail was allowed, self in £50, and two sureties of £25.

The Case Against Griffiths.

    The case against James Patrick Griffiths was proceeded with. Counsel was the same as in the previous case.

    After hearing evidence,

    The accused was committed for trial at the Metropolitan Quarter Sessions on 30th January, and was allowed bail in £80, and two sureties of £40.

Number of Cases Struck Out.

    The cases of Arthur Rowe, Benjamin Moss, William Stenner, William Chapple, Jonathon Brooker, William Emery, Alexander Smith, and Thomas Smith were called on. Mr Bull intimated that he had no evidence to call, and the accused were discharged.

    The Court then adjourned till to-day (Wednesday), when the concluding case will be heard. On Tuesday (yesterday), the police magistrate was engaged in hearing a charge off cattle-stealing at Moss Vale.

    Owing to limited space in this issue, Monday’s complete proceedings will appear on Saturday.

~ ~ ~ ~ ~

The Bowral Free Press, Sat 21 Dec 1901 3

THE
BOWRAL SENSATION
———◦———
BOWRAL POLICE COURT.
————
Alleged Cattle Stealing.
————
MONDAY, DEC 16.

    Before Messrs WS Caswell, PM, RS Mackenzie, JJ Campbell, and WF Brenning, JsP.

    The court was again crowded.

    James Patrick Griffiths, a dairy farmer, living at Glenquarry, about seven miles from Retford Park, said he was now under arrest. He had never had any charge preferred against him before. He knew Schofield as Mr Hordern’s manager. In July, 1900, he bought a cow and a calf from him, and paid cash for them. On another occasion he purchased two steers, one for £2 10s and the other for £2, which were fair prices. In July last he bought a Jersey cow for £8. Schofield had never told him that he had no authority to sell. Had he done so, witness would not have dealt with him. On one occasion witness said to Schofield, “Are you authorised to sell the full bred stock as well as the half bred?” and he said “Yes.” He bought cattle on other occasions and paid Schofield. He knew Schofield had been selling cattle all round the district, and that he had sold to the accused. He kept the cattle he purchased on his run, where the police could see them when they came to inspect the dairy cattle. Schofield was “cutting a dash” in the district driving a fast trotter, and shooting at pigeon matches under an assumed name.

    By Mr Want: What was his assumed name.

    Witness: “Sparrowhawk.”

    By Mr Want: A very good name too. (Laughter). He was the hawk and you chaps were the pigeons.

    Witness (continuing) said that on the 1st instant Messrs Hordern, Gallagher, and Spencer went to his place, when Mr Hordern, after some conversation, said, “You be very careful; Schofield is trying to put you and the other men on the hill into it as well as himself. I know you are all married men, and I have already said I will not have it. Keep this to yourself. Don’t mention it to anyone.” He thanked Mr Hordern, who then went away. Subsequently he received a message to go into Bowral to see Schofield, and on arriving in town he was arrested by Gallagher.

    To Mr Bull: He only got a receipt on one occasion from Schofield. All the mature cattle he bought were branded with Hordern’s brand. A Jersey cow which he purchased bore a number as well.

    George William Roberts, the accused, said he was a cattle dealer, in the Harden and Cootamundra districts. He had no fixed place of abode. Hundreds of head of cattle passed through his hands in a year. He knew Schofield, and always believed him to be the manager of Retford Park. Schofield told him he had been selling throughout the district, and that he had authority to sell. In dealing with Schofield witness asked him distinctly if he had authority to sell, and he replied that he had, and that he would give receipts for all transactions. In November 1900, witness and the Troys were at Troy’s house, when Schofield came in and asked Mr Troy sen. to purchase two heifers which were running on his estate. Troy declined to deal and it was suggested that witness should inspect the cattle. He did so, and ultimately purchased them for £5. He asked Schofield how he would like the cheque drawn, and he replied, “Draw it in my favor.” Witness paid by cheque, but omitted to make it payable to Schofield. There was not a word of truth in the whole story told by Schofield about the heifers. In July last witness bought an Ayrshire cow from Schofield for £8, giving him a crossed cheque drawn in his favor. He also bought an Ayrshire bull on the same day for £5 giving a cheque drawn in favor of S Hordern. The prices he paid were fair and reasonable, and as a matter of fact he had been unable to sell the bull at the price he paid for it. He made the cheque payable to Schofield and Hordern respectively at Schofield’s suggestion. He had no knowledge of any arrangement between Schofield and Hordern. Witness sold the cow to his brother for £9, and the bull by auction at Cootamundra for £7 7s. In August he purchased a cow and bull for £8 each and paid Schofield with cheques drawn in his favor at his request. In November he bought three bulls and two heifers from Schofield, and he was now charged with stealing them. Schofield’s statement that he told him he was selling without authority was absolutely untrue. He trucked the five head of cattle to Harden. He bought the cattle openly, and paid fair market value for them. He sold one bull for £9, another for £5, and kept the third one. He also kept two heifers. He did not pay for the cattle when he took them away, but told Schofield he would send him a cheque. He subsequently sent two cheques drawn in Hordern’s favor, one for the cows and one for the bulls, Schofield having asked him to keep the deals separate. One cheque was for £10, and the other for £13. In forwarding the cheques witness wrote asking Schofield if the cheques or either of them were not right to send them back, and he would make them all right. In reply, Schofield wrote saying that the cheque for the heifers was all right, and asking for another for the bulls. Some days later he saw Schofield, and gave him another cheque for £13 in place of the first one, making the new cheque payable to Schofield himself. He had acted similarly in the purchase of stock from other owners. Sergeant McIntosh recently questioned him about the purchase of cattle from Schofield, when he said that he had purchased two. The sergeant did not ask him about any others until the next day, when he said “Schofield admits selling you nine head of cattle—is that true?” Witness replied “It may be—I can soon tell you.” He then supplied full information to the sergeant as to the cattle he had purchased. The sergeant afterwards arrested him, and brought him to Bowral. He spent five hours in the lockup at Harden, and seven hours here. He had never been in a police court in his life before.

    To Mr Bull: He did not remember Sergeant McIntosh, on the first occasion he saw him, saying “Schofield says he sold you nine head.” After his arrest he said to a police officer, “Alick Smith said if Schofield does not mind himself he will fall in over this little game of his.” When he bought the cattle off Schofield he said that he was trucking them to Harden. The cattle were taken to the railway station during the day but were not trucked till the next morning. They were not taken to the station and trucked at night. He had not taken a receipt from Schofield in connection with any of his transactions. He wrote, before his arrest, to his son Wallace, saying: “Kindly take the enclosed note to Alec Smith, on the Range, as I want an answer back at once; there appears to be something wrong about the cattle bought at Hordern’s, and Alec will know. That’s why I want the letter to reach him early to-morrow, as he can see Schofield and let me know result. You need not say anything about it as it is best to keep quiet until I know what is up.” He wrote to Smith because he had confidence in him, and because he had acted as his agent in the purchase of cattle. There was a cheque butt missing from his cheque book; he believed it represented the cheque which he got back from Schofield. He could give no other explanation.

    To the Bench: He trucked the cattle at Mittagong instead of Bowral because he was accustomed to do so.

    Mr Want said that he had, at the start of the case, intimated that he intended to call all the accused persons for the defence, but in consequence of something which had since occurred he had decided not to call some of them. He could assure the Bench that Mr Bull agreed with him that this should not prejudice the case against Roberts.

    Alexander Smith [microfilmed text missing] Mr Want [microfilmed text missing] concerning the probability of Schofield’s gambling and absence from work did not refer to any cattle dealings.

    Mr Want then addressed the Bench. He did not dream that the Bench would send the case along to a higher Court, and he had called evidence for the defence, not because he thought it was necessary, but because he wished the public to see both sides of the case. He had called the evidence merely to clear the characters of the accused men from the stigma which the initiation of the prosecution had cast upon them. If the Bench cam to the conclusion that they could believe Schofield then it was a question whether they could commit on the evidence of an accomplice alone. It was clear that where the magistrates saw there was no chance of a jury convicting their duty was not to commit. No jury was allowed to convict on the uncorroborated evidence of an accomplice, hence if the magistrates committed in this case the jury could certainly not convict. It was not at all likely that the Bench would desire to shift the responsibility on to a jury, and he therefore asked confidently for the discharge of the accused Roberts. The case relied upon the evidence of a sel-confessed thief and hypocrite, which no reasonable man could believe. The evidence he had called for the defence showed clearly, he maintained, that the purchasers had bought in good faith, believing Schofield was authorised to sell by Mr Hordern, and there was also evidence that in the case of Roberts the money paid for a heifer had actually been filled in payable to Mr Hordern’s account. It was absurd for the prosecution to persevere with a charge of stealing, when it was proved that the owner had accepted payment for the animal.

    The Court then adjourned for lunch.

(Continued on second page.)

THE BOWRAL SENSATION.
(Continued from first page.)
SATURDAY AFTERNOON.

    Mr Want continued his address. He said that Mr Hordern had told one of the accused that he believed them to be innocent, and that Schofield was trying to drag them in; yet they were now being persecuted. No distinction could be drawn between Roberts and the other accused, for on Schofield’s own evidence he sold to them on exactly the same terms as he did to Roberts. Mr Hordern had allowed Schofield to act in the eyes of the public as his manager. Was it fair, he asked, to allow these unfortunate farmers to suffer for Mr Hordern’s carelessness and neglect?

    Mr Bull said that the case, as placed before the Court by Mr Want, was put upside down. He was wrong when he told the bench that if they disbelieved Schofield they must determine the case in favor of the accused, and his interpretation of the law was incorrect. The duty of the bench was plain. If they were convinced that a prima facie case was made out, they must commit. It was a significant fact that the counsel for the defence had omitted to make any reference to the most important points in the case. Why he did so gentlemen with the long experience of the magistrates engaged knew as well as he did. What could be more condemnatory than Roberts’ letter to his nephew, and what possible explanation could there be of it? If Roberts had been honest in his actions, why did he urge secrecy? On the evidence before them the magistrates must commit the accused to the higher Court.

    The Chairman (Mr Caswell, PM) said that two gentlemen on the bench were for a dismissal; Mr Mackenzie and himself were determined to commit. The property that had been stolen was found in Roberts’ possession under compromising circumstances, and with Schofield’s evidence established a prima facie case.

    The accused was committed for trial at the Metropolitan Quarter Sessions on 30th January next. Bail was allowed, self in £50, and two sureties of £25.

The Case Against Griffiths.

    The case against James Patrick Griffiths was proceeded with. Counsel was the same as in the previous case.

    Senior-constable Gallagher said the accused was a dairy farmer residing at Comerton Park. Witness arrested him on the 3rd instant at Bowral, and charged him with being an accessory before the fact to Henry Schofield in stealing. He had since charged him with stealing a cow of the value of about £15 about the month of July, and with about the month of November stealing two cows and one calf, the property of Samuel Hordern. The cattle which were the subject of the charge were in the court yard. Accused, in reply to witness, said that he had received nine head of cattle from Schofield, two head of which he had got from him for a gun. He also stated that he had paid £32 to Schofield for stock. Witness asked him if he expected to pay the gun into Mr Hordern’s account, and he replied that Schofield said he would pay the value of the gun into the account. Questioned as to whether he always took cattle from Mr Hordern’s out the back way, the accused said Yes, it is the nearest way home. He further said that he and his brother had been to Sydney once with Schofield. A few days ago witness saw the accused at the police station, and having cautioned him asked him if he had branded a brown Jersey cow which he got from Schofield, and he replied No. He also said that he had not seen any brand on the cow except Mr Hordern’s. Accused told witness that he had no receipts from Schofield, but that his father had one.

     Thomas Peate, at present in charge of Retford Park, identified a Jersey cow in the yard as the property of Mr Hordern. There was a gate in the fence at the back of Mr Hordern’s run, which was kept padlocked, and on inspecting the fence he found loose sliprails at a spot where a notice was posted warning trespassers. The Jersey cow in the yard had formerly borne Mr Hordern’s brand, which had been defaced by another brand being placed over it. The second brand was apparently six months old.

    Andrew Badgery, residing at Sutton Forest, said he had dealt in cattle all his life. He valued a Jersey cow which he had been shown outside the court at from £8 to £10. An Ayrshire cow he had been shown was worth £12, or if a pedigree cow £20 to £25. The Jersey cow had been originally branded with a circle H, but another brand had been put over the original brand, and almost obliterated it. The second brand was some months old.

    John Bowtell, a farm laborer at Retford Park, said he had milked the Jersey cow up to the time she was turned out last winter. At the time she was branded only with Mr Hordern’s brand. At the present time the cow had another brand over Mr Hordern’s.

    Henry Schofield, caretaker at Retford Park, said he had seen the cattle in the court yard forming the subject of the present charge. They were the property of Mr Hordern, and he had no authority to sell them. The Jersey cow he sold in June or July, and she was then branded with a circle H. The accused Griffiths was frequently at Retford Park, and often wanted to buy the Jersey cow, which was one of his best milkers. When the cow went dry the accused said, You had better sell to me; I’ll give you £8. Accused also said, I don’t suppose Mr Hordern would miss her. I would not like her to get us into any trouble. He further said that she was not likely to be seen at his place, and that he would alter the brand. Subsequently he met the accused, who told him he had altered the brand. The accused paid for the cow in October or November, and witness used the money himself. The Ayrshire cow outside the court he sold to the accused, together with a Jersey heifer and a calf, for a gun valued at £7 10/. Witness told accused that he was getting cheap cattle. The cattle were worth £18 to £20. Since the sale he had seen the accused, who warned him that Mrs Inglis, the housekeeper at Retford Park, was no friend of his, and might “put him away.”

    At this stage the depositions of the witness in the case against Roberts were, by consent, put in the present case.

    William Walter Roseby, a farmer and dairyman, living at Mittagong, said that his place adjoined Retford Park. He knew the accused Griffiths, and had seen him removing cattle from Retford Park about the 6th November last. There were three or four head of cattle, including an Ayrshire cow.

    The depositions of the accused in the case against Roberts were also put in as evidence.

    The accused was committed for trial at the Metropolitan Quarter Sessions on 30th January, and was allowed bail in £80, and two sureties of £40.

Number of Cases Struck Out.

    The case of Arthur Rowe, Benjamin Moss, William Stenner, William Chapple, Jonathon Brooker, William Emery, Alexander Smith, and Thomas Smith were called on. Mr Bull intimated that he had no evidence to call, and the accused were discharged.

WEDNESDAY, DEC 18.

    The concluding case in connection with the alleged thefts of stock at the Retford Park Estate was heard on Wednesday before Messrs WS Caswell, PM, RS Mackenzie, E Smith, and J Cullen, JsP.

REX v. NORMAN.

    John William Norman, butcher at Bowral, was charged with stealing about the month of November last one gelding, of the value of 25gns, also one cow, of the value of £6, the property of Samuel Hordern. Mr Charles Bull; (instructed by Mr HM Oxley) prosecuted; and accused was defended by Mr HA Moss of Sydney. Accused, although present in court, was still suffering from the injuries received through a fall from his horse on Monday.

    Senior-constable Gallagher deposed: On the 29th ult[imo] I went to accused’s stable, and was shown a horse which accused stated he had purchased from Schofield; the horse bore a new brand in the shape of “X” which appeared to be surrounded by a circle (the old brand). Over that was the number “9.” I said to accused is it true, Norman, that Schofield branded this horse after you had bought him?” He said: Yes; I said, Norman, when you saw this brand had been put over Hordern’s brand, did you not think it your duty to tell the police?; he replied, I did not think there was anything wrong about it; Norman said that he had given a Cambria filly for

(Conclusion unavoidably held over.)

~ ~ ~ ~ ~

The Bowral Free Press, Tue 24 Dec 1901 4

THE
BOWRAL SENSATION
———◦———
BOWRAL POLICE COURT.
————
Alleged Cattle Stealing.
————
WEDNESDAY, DEC 18.

    The concluding case in connection with the alleged theft of stock at the Retford Park Estate was heard on Wednesday before Messrs WS Caswell, PM, RS Mackenzie, E Smith, and J Cullen, JsP.

REX v. NORMAN.

    John William Norman, butcher at Bowral, was charged with stealing about the month of November last one gelding, of the value of 25gns, also one cow, of the value of £6, the property of Samuel Hordern. Mr Charles Bull; (instructed by Mr HM Oxley) prosecuted; and accused was defended by Mr HA Moss of Sydney. Accused, although present in court, was still suffering from the injuries received through a fall from his horse on Monday.

    Senior-constable Gallagher deposed: On the 29th ult I went to accused’s stable, and was shown a horse which accused stated he had purchased from Schofield; the horse bore a new brand in the shape of “X” which appeared to be surrounded by a circle (the old brand). Over that was the number “9.” I said to accused is it true, Norman, that Schofield branded this horse after you had bought him?” He said: Yes; I said, Norman, when you saw this brand had been put over Hordern’s brand, did you not think it your duty to tell the police?; he replied, I did not think there was anything wrong about it; Norman said he had given a Cambria filly for the colt; subsequently I saw accused, who, in reply to a question, stated that he purchased a fat cow from Schofield, which he killed just after the purchase; asked when he bought her and he said about three weeks; I asked him if he gave notice that he was going to kill her; he said, yes.

    To Senior-constable Coates: I further asked him if he told from whom he purchased her, and he replied from Schofield; accused said the cow was branded, but he sent the hide to Sydney with other hides; Norman said he would try and get it back; about twenty minutes after Norman came to the office and said that he had bought two other head of stock from Schofield, but they belonged to Shiel; then he said, I suppose I’m not going to be dragged into it over the branding of the [sic] this horse; I said, Norman I’ve known you a long time, and would not like to see you get into trouble, and if you owned this horse and stood by while Schofield defaced Mr Hordern’s brand, it strikes me you will have £50 put up your sleeve; he said, Good God. Rowe and I was 11 yards away and I did not know he was going to do it till it was done; he said afterwards that Schofield had said the brand was indistinct; I said to him, that is not the way to make Mr Hordern’s brand distinct, by putting another over it; he said no I can see that; on 3rd instant about 9.30 am I saw Norman and said to him, I wish to ask you a few questions; I said previous to the branding of this horse did you have a conversation with Schofield about branding it; he said, no; I asked him if it was said, if this is Hordern’s horse people will know the brand, and the brand must be altered, he said, no; I asked him if he stayed behind while Rowe was taking the horse away. I said did you go out to see Schofield on 29th November immediately after seeing me he said, yes; I asked him why he went to see Schofield because I asked a few questions; Norman replied, I wanted to tell him about it and let him know for fear it might be serious; I then said, did you send Schofield to square me; I then arrested him an [sic] a charge of being an accessary; he said, my God this is terrible. I know nothing about it; on the 13th at the Court House, Sergeant Thorndyke handed me the document (produced) which I showed to Norman, asking him if this was the cow be bought from Schofield; he said I’ll not say; I asked him if this was not the notice he handed in and told me that it was the cow he got from Schofield; it may be I’ll not say; I then re-arrested Norman on a charge of stealing a cow the property of Mr Hordern valued at £6; he made no reply.

    By Mr Moss: I saw the colt once before I arrested Norman; I saw Schofield at Norman’s; Schofield and I were at the court house and went to Norman’s afterwards, Schofield going first; Schofield said to Norman; I’ve just been explaining to Gallagher that this colt was out of a mare that I got from Alex Smith; I then said is it not out of a mare you got from Andrew Badgery; he said no you are making a mistake; I then said to Schofield where is the mare you got from Schofield he said, she died out near Smith’s place; Schofield said in the presence of Norman, I branded the colt as the brand was indistinct; Schofield said it was his, but Mr Hordern’s brand was put on; Schofield did not swear that he bred the colt; the cow Norman bought from Stenner was the one that Stenner was charged with stealing; the charge was withdrawn; Norman told me he paid £5 or £5 10s for it; I cannot remember the exact amount; Norman said he paid by cheque drawn in favor of Schofield.

    By Mr Bull: All horses and cattle in connection with the case are in charge of the police in Mr Hordern’s paddock.

    Henry Schofield deposed: At present I am under committal; up to lately I have acted as caretaker at Retford Park; I have known accused Norman for three or four years; I had no authority to part with the pony sold Norman; Norman saw me early in November; I had sold Norman a mare and a foal; he said: I have handled the filly, and it is very quiet and has grown well; I told him I would not mind buying her back if he did not want too much; he said: I would sooner exchange for one a bit older, at the same time asking me if I had one to suit; two or three days after Norman came to the Park and asked to see some horses; the colt outside the court is one he saw; he pointed out two or three and said, I’d like to have one of those; I told him they were the best breed, and were worth 50 guineas a piece; he then referred to the brown colt, which was only two years old; he said, Rowe is down and I would like him to break him in; Norman said, you had better let me have him, and he would bring Rowe out; I asked: Where are you going to keep him? He said: At the shop in Bowral; to which I replied, everyone would see it; he then said: Would it not be safer to put another brand on, so people would not know where he came from; he said you had better do it before Rowe comes out; I said I can’t brand it till you are taking him away, as Mr Hordern might see the brand; Norman said, when I bring Rowe out you had better tell him you bred it, as I don’t want him to know about it; I subsequently saw Norman in Bowral, when he said, Rowe and myself will be out in the afternoon; about two years ago I had a number of young trotters and cattle of Mr Hordern’s I was sending to Sydney; they were round up in the yard; Norman came out with the butcher’s cart, and asked me what I was going to do with all the cols [sic], and whether any were sold up here; I told him no, Mr Hordern does not sell privately, they are sold by auction in Sydney; I told him I had no power to sell the horses he was inquiring about; Rowe, Norman, and a little boy came out about half past four on the day I met Norman in Bowral; Norman and I run the colt into the crush, while Rowe put the halter on; I told Norman I had an X brand; the one produced being the one; it is never used by Mr Hordern, his stock being branded with a circle H; I told Norman I would put the brand on, as people would not then know it was Mr Hordern’s colt; the brand was then in the fire; he said: Yes, that will be the best; an arrangement had been made for me to say that so Rowe would not know; Rowe held the colt while I put the brand on which defaced Mr Hordern’s brand; Norman was just near; the colt was subsequently taken away, Norman’s boy hunting it along; Norman stayed behind and spoke about the pony; he said he did not think Rowe would “tumble” to the brahd [sic–brand]; on a subsequent occasion I had taken a horse to Picton, and on returning home, returned to see Norman in consequence of a message left with my wife; I went down to Norman’s and asked what he wanted to see me about; he said: I think we are in trouble over this horse, as Mr Gallagher and Mr Murray have been examining the brand; he further said, you had better go and see Gallagher, and try to square it, telling him the other brand was indistinct, and thought it better to put another on; I then returned to Norman and told him I heard Rowe was going to blackmail me; Norman said, did Rowe put us away; I said, yes; Norman replied, the wretch, I did not think he would do that, he can never be trusted; I said I did not know what we could do; Norman said, can’t you go over to Smith’s and get him to square it; I said I had to meet Gallagher on the station, as he was expecting Mr Hordern; I said it would take half an hour to go to Smith’s; he said, there’s plenty of time to go there and back before the train, there’s no time to be lost; I saw Smith, and on returning, told Norman that Smith said he would say he bred it, and that it was by Fernandez; I sold a cow to Norman either at the end of October or beginning of November; it was branded with circle H; it was Mr Hordern’s property; Norman asked me if he could put one of his cows to Mr Hordern’s prize bulls; I told him I could not do that; he asked me several times; I told him I had a cow Murray was coming to see; she was three years old, and had never had a calf; I told him I thought she was barren; he came out the next day, and I told him Murray had not been out; I showed him the heifer, and said I was asking £6 for it; Norman said she was not worth it; Norman paid by cheque in my name for the cow for £5 or £5 10s; I told him I sold Murray a couple of steers, one of which was paid for, but it did not matter about the other as Mr Hordern ran an account with Murray; I put the cheque in the bank; I only had authority to sell Mr Murray the cow Norman took; Norman took the cow away, saying he would kill her, and say nothing about it; the colt was by the Duke, one of the best trotting horses in Australia, and was worth about 25 guineas; the mother of the Cambrian filly was my own filly, and was bought from Mr A Badgery; I sold both mare and filly for £8 to Norman, and the foal was exchanged with Norman; I have not sold other stock to Norman.

    By the Bench: The mare and filly were my property, not Mr Hordern’s.

    By Mr Moss: The brand has been on the loft at the Park for 12 years; I have only used it; I remember asking Mr Hordern for an interview with Mr Peate at the Park after my arrest; I made a confession, and told Mr Hordern I would tell him the truth; I told the truth, but did not tell all; the confession was as truthful as the statement I am now making; the confession produced is the one I made; the cow I sold Norman I valued at £6; I got £5 10s for it, but that was not a fair market value; the cheque produced was the one I got; I had no authority to sell the cow to Norman; I first mentioned the cow to Norman, which was to be sold to Murray, in the course of conversation; Norman asked me to let him have a look at it; it is not a fact that I wanted to sell Norman the cow so that I could keep the money; Normal did not ask for a price to put his cow to Mr Hordern’s bull; the foal was only three months old when I sold it to Norman, but it is now 12 months; the colt was unbroken and in fair condition, and was by Cambria; you could see the brand on the colt quite easily; I had the Cambria filly running at Smith’s, five miles from Mr Hordern’s; constable Gallagher wrote a statement of my evidence to-day on Monday night at my dictation; I swear I have never told a lie in connection with the transactions; I remember telling Norman that I would go down to Sydney and see the boss; I did not say there nothing wrong about the colt, I bred it myself; I did conclude by Norman’s request but [sic–by] squaring it with Gallagher that he meant me to bribe him; I did see Mr Hordern and went as far as Mittagong to intercept him; there was nothing dishonest in Norman’s proposal to purchase any of the stock privately that was being sent to Sydney; I sold Stenner a pony; before purchasing the cow, Norman asked me if I could let him have a match for the pony; I did not say I would find out and see if I could let him have one for £5; Murray had seen the cow sold to Norman, and I could not swear whether he had taken it or not; I have sold two cows to Norman on account of another person for £5/ each; they were not in us [sic–as] good condition as the one sold for £5 10/; I consider the mare was worth £4, and the foal another £4; I consider the foal is now worth £6.

    Arthur Rowe deposed: I am a dealer in Bowral; I had a conversation with Norman regarding the colt now in the yard; I remember going to Mr Hordern’s with Norman and looking at several horses; there was a fire burning at the time; Norman said to Schofield, are you going to boil your billy, Harry, Schofield said no I am going to dock that colt; I helped put the pony in the crush, and put the alter on; whilst in the crush two rails were taken down, and a brand put on; I never noticed another brand on the colt; Schofield put the brand on; Norman was just near; I led the colt away; Norman stayed behind with Schofield for a while; the day before the police took possession of the colt I had a conversation with Norman, who asked me what I would give for it now; I told him I would not have it at all with that brand on; you could plainly see the original brand had been defaced; Norman said a man could do as he liked with his own breed; Norman asked me if I would break one in for him, as he had bought two horses from Schofield.

    By the Bench: While the colt was being branded I was on the opposite side of gate holding the end of the alter; the brand is put on fairly true; I do not think it possible for a man to put the brand now on as true if he did not see the other end.

    By Mr Moss: The reason for putting the colt in the crush was because it was unbroken; I told Norman to open the gate; but Schofield said, no don’t let him out I want to brand him; Norman did hot assist to brand it; the colt at that time had a rough coat; I never looked to see whether the old brand was plain at the time I was out there; Norman asked me to go out and help him bring in a colt; we had no appointment; I did not know whether Schofield asked Norman to help him keep the horses back; when I refused to buy the horse on account of the brand, I had then heard something about it; the filly is a good one for racing purposes, better than the colt.

    Senior Sergeant Thorndyke, of Moss Vale, deposed: I know Norman, who came to my office on 2nd December; I am inspector of slaughter yards, and the officer to whom Norman would send slaughtering notices. He said I brought you some slaughtering notices but wish to explain about a cow; he said the weather was too kot [sic–hot] to kill the bullock, and he killed a cow in its place; he said there is a cow I bought from H Schofield I am going to kill on Wednesday next, she is unbranded, and constable Gallagher has sent [sic–seen] it, and he said it was alright; I have not received any return from Norman during October or November stating his intention to kill a beast branded H. Mr Hordern’s brand; I have noticed brands on the colt outside; and said to Norman, I believe you have some excitement on at Bowral, he said yes, the court house yard is full of horses and cattle; I said I believe you bought one of the horses from Schofield; he said, yes, the police took one from me on Friday last, and one this morning; he said I bought one and exchanged one for another, and would like to know from you how I will get along about my money; will I get it back? I asked him if the one he was riding was one he bought and he said no, it was a dark one; he further said that he noticed the brand was faked when he bought the horse, and drew Schofield’s attention to it at the time; Norman said that Schofield told him it was branded in mistake; he told me he got no receipt, and there was no one present at the time of sale.

    By the Bench: I have seen the brand on the horse outside; it is a defaced brand; the circle is not obliterated, and the top one could not have been done without the man seeing the old brand.

    By Mr Moss: I swear all the forms received from Norman are in fact at the office.

    Senior Constable Coates, of Berrima, deposed: I am one of the district officers who receive returns for slaughtering stock; Norman is not now in my district, but up to the 7th November I had received returns from him, but none of a cow branded with circle H; I swear my returns up to the time of handing over to constable Thorndyke were correct.

    This was the case for the prosecution.

    The accused reserved his defence, and was committed for trial at the Darlinghurst Quarter Sessions, bail being allowed, self in £80, and two sureties of £40 each.

~ ~ ~ ~ ~

Goulburn Evening Penny Post, Tue 14 Jan 1902 5

GOULBURN QUARTER SESSIONS.
———

    The above court was opened this morning before his Honor Judge Fitzhardinge. Mr J Armstrong prosecuted for the Crown, and Mr SH Belcher represented the Sheriff.

Charges of Stealing at Bowral.

    John William Norman and Henry Oliver Schofield, on bail, were charged with stealing at Bowral on the 7th November last one colt the property of Samuel Hordern. The same accused were charged with stealing at Bowral, on 10th November last, one cow the property of Samuel Hordern. They were further charged with having received the said property.

    Schofield pleaded guilty and Norman not guilty.

    Schofield was remanded for sentence. Mr AM Betts said he wished to address his Honor on Schofield’s behalf when he was brought up for sentence.

    Mr JC Gannon appeared for Norman, instructed by Mr HA Moss, of Moss Vale.

    Accused challenged seven jurors, and five were set aside by the Crown.

    Case proceeding.

~ ~ ~ ~ ~

Goulburn Evening Penny Post, Thu 16 Jan 1902 6

GOULBURN QUARTER SESSIONS.
———
Wednesday Afternoon.
Before his Honor Judge Fitzhardinge.

A SECOND BOWRAL CASE.

    James Patrick Griffiths and Henry Oliver Schofield were charged with stealing at Bowral on 1st July last one cow, the property of Samuel Hordern. The same accused were charged with stealing on 1st November last two cows and a calf, the property of Samuel Hordern. Further counts charged them with receiving.

    Schofield pleaded guilty and was remanded for sentence.

    Griffiths pleaded not guilty and was defended by Mr JC Gannon, instructed by Mr T Marshall, of Sydney.

    Accused challenged three jurors and four were set aside by the Crown.

    Henry Oliver Schofield deposed accused lived about five miles from Retford Park and he had known him for about nine years; there was a Jersey cow outside the court named Tilly and worth about 20 guineas; there were also and Ayrshire cow worth about 18 guineas, and a little brown Jersey heifer worth about six guineas; they all bore Mr Hordern’s brand, H in a circle; another brand had been put on Tilly since he sold her over the old brand; he could not make out the new brand; there was a fresh brand on the heifer, J dot G; accused got Tilly in June last; he asked witness to let him have her and he would put another brand over Hordern’s; he offered to give £8 for her and witness took it; when he saw accused again he told witness he had put another brand on the cow, as he thought that was safest; witness kept the £8, but he did not tell accused; he told him he had no authority to sell; subsequently he gave accused the Ayrshire cow and Jersey heifer and calf for £7 10s; he owed accused that amount for a gun and accused said he would take it out in stock; accused picked the cows out and witness said they were good value, but he could have them.

    To Mr Gannon: He never cashed a cheque drawn in favour of Mr Hordern; he had no recollection of cashing the cheque produced; it was endorsed by his signature; he first went wrong in his transactions about two years ago; it did not go back as far as 1895; Roberts was the first man, and then Griffiths; he couldn’t say who came next; he might have kept four or five cheques drawn in his own name.

    Mr Gannon examined the witness at length concerning his various transactions in stock. He confessed to keeping the money received from a number of persons.

    Witness, continuing, said there were eleven persons arrested and they all knew he had no authority to sell; he sold to about 14 persons without authority; there were other sales with Mr Hordern’s authority; he sold stock to accused’s father, but did not tell him he had no authority; some he told he had no authority, and others he did not tell; he said at the Police Court that he told all the people he sold cattle to that he had no authority, and that it might get him into a row; witness got £2 a week; he was not in need of money when he sold the stock; he bought another gun and gave £30 for it; he bought it with the money he got for Hordern’s stock; he also gave £8 10s for a phonograph; he had the right to sell fat stock to Mr Murray, butcher; the average life of a dairy cow was about 12 years; Tilly was not 10 years old; he sold an Ayrshire cow, one of their best, to Mr Murray with Mr Hordern’s authority; when he sold the Ayrshire cow and young heifer and calf to accused he also sold to him two steers; he sold him the lot for £12 10s, and accused gave him £5 in cash; the accused was not charged for the heifer and steer; on another occasion he sold accused a heifer for £4, which was its full value.

    To the Crown-Prosecutor: Witness gave no receipts to accused; he did ask for them; the £5 cash was for the two steers; they were two separate transactions, although accused got the two cows and the steers the same day; after accused gave him the £5 they then made the deal about the gun; Tilly was between six and seven years old.

    The court here adjourned till next morning, and the jury were locked up for the night.

———
Thursday.

    The case against James Patrick Griffiths was continued at 9 o’clock.

    Andrew Badgery, auctioneer, of Sutton Forest, deposed, that he had examined the brand on the cow Tilly; he could not distinguish the brand put over the circle, but one letter he thought was J; the cow was worth about £8 as a milker, and he thought she was about five years old; he valued the Ayrshire cow at £12 as a milker, but if she had a pedigree she would be worth £20; the Jersey heifer was worth about £5; the new brand on the heifer had been on for only a few months, while Mr Hordern’s brand was an old one.

    To Mr Gannon: Hordern’s brand was visible on Tilly; witness sold stock at Retford Park for Mr Hordern; he dealt with Schofield, and thought he was the manager; if accused gave £8 for Tilly it was a fair deal.

Anthony Hordern & Sons Ltd, (Brickfield Hill, NSW), c. 1902-1947. Image: NSW State Library collection. Reproduction: Peter de Waal
Anthony Hordern & Sons Ltd, (Brickfield Hill, NSW), c. 1902-1947.
Image: NSW State Library collection. Reproduction: Peter de Waal

    Samuel Hordern7 merchant, of Sydney, deposed he had seen the stock outside the court; they were sold without his authority; he never received from Schofield a double-barrelled gun as the price of some of them.

    To Mr Gannon: Mr Powell was witness’s general manager of stock during his lifetime; he was dead about two years; he used to go to Retford Park to inspect the stock; since Powell’s death he had trusted wholly to Schofield; Schofield sometimes paid money into witness’s account at Bowral; witness did not say that Schofield fed his account at Bowral; it seemed that he had left it to starve; witness’s stallion travelled in the Bowral district; he saw on the notice produced that Schofield was put down as manager; the stallion did not clear expenses; Schofield must have got the money; in November last Mr O’Callaghan was at Retford Park and bought some stock; according to the local paper produced he paid a high compliment to Mr Schofield, manager; he had not examined his Bowral bank account recently; curiosity since the charge had not led him to ascertain what money Schofield had paid into the bank; a number of men were arrested, but did not know what they were arrested for; he knew nothing about it; he did not know that some of them were discharged because it was found that the money they paid to Schofield was paid into witness’s account; from the bank book produced he saw Schofield paid £8 into his account on August 12th; he could not say what the £8 was for; he did not know that Schofield had said he had received £8 for Tilly in August; up to this case he had not looked at the bank book of the Bowral account for many years, but his man got it; he trusted to Schofield so much that when stock were sold by auction in Bowral the cheque would be paid over to him to pay into the bank; witness did not examine the book to see whether he paid the cheques in or not.

    Thomas Lewis Peate, clerk, in the employ of Samuel Hordern, deposed he had large experience in stock, especially dairy stock; the cow Tilly was worth £12 at least, the Ayrshire £12, and the Jersey heifer about £5

    John Bowtall, farm labourer, employed at Retford Park for some years, deposed that when Tilly left Retford Park she had only Hordern’s brand on; there was now another brand on it.

    William Walter Loseby, of Mittagong, deposed that he saw accused driving some cows; Schofield was with him.

    Senior-constable Gallagher, of Bowral, gave evidence of arrest and repeated conversations he had with accused; he produced a J dot G brand and said it was the registered brand of accused’s father.

    To Mr Gannon: Everything accused told witness he found to be correct; he was a man of good character; eleven men were arrested and eight let go; witness did not arrest everyone he discovered bought Hordern’s cattle; accused’s father bought some, but he was not arrested; in the case of one of the men arrested it was found that the cheque he gave Schofield had been placed to Hordern’s account.

    TL Peate, re-called, said that Tilly’s horns showed she was not more than eight years.

    This was the case for the Crown.

    James Andrew Cunningham, grazier, of Redbank, deposed he had been actively engaged amongst cattle all his life; he had seen the cattle outside the court; he thought Tilly was worth £7 and about 11 years old; he valued the Ayrshire cow at £6 10s and the Jersey heifer at £2 5s.

    Charles Henry Wood, auctioneer, Goulburn, valued Tilly at about £7 and thought she was between 8 and 9 years old; the Ayrshire cow was worth £6 10s and the Jersey heifer £3 10s.

    To Mr Gannon: He did not value the cow as pedigree stock.

    EH Ayling commission agent, Goulburn, valued Tilly at about £3 10s, and considered her between 10 and 12 years old; she might be worth £7 or £8 if she were only eight years; the Ayrshire was only good for killing and worth £5 10s; the Jersey heifer was worth £3.

    James Patrick Griffiths, accused, deposed that he was a dairy farmer, living at Glenquarry, between Bowral and Kangaloon; he did not keep a banking account; he knew Schofield for some time; he always recognised Schofield as manger and had had several dealings with him; in July, 1900, he bought a cow and calf from him; witness’s father and brother had dealings with him after; altogether witness bought nine head from Schofield; in January, 1901, he bought a steer and in July he bought Tilly, in September he got a Jersey heifer and steer, and the last was on 31st October, when he got the Ayrshire cow, and the Jersey heifer and calf with a steer and another heifer; no charge had been brought against his father or his brother; witness gave Schofield £4 for the first cow and calf; it was full value, and all Schofield asked; he gave £2 for the steer, all that it was worth; Schofield asked him several times to buy Tilly, and at last he agreed to have a look at her; she was dry then, and Schofield put £8 on her; witness said it was rather much, but he agreed to take her for that if she turned out all right; he did pay for her till after she calved; Schofield sold her as a half bred Jersey; he paid £4 for the next heifer; witness bought a gun from Schofield after last Easter for £7 10s, on condition if he did not get another one to suit, witness was to let him have it back; Schofield borrowed it in October for a pigeon match, and he asked witness to let him have it back, and witness agreed; witness went for the money, and Schofield offered to sell him stock for the £7 10s; he offered the Ayrshire cow for £5 and the Jersey heifer for £2 10s, which witness considered fair value, and took them; witness let him have the gun, and he agreed to pay the £7 10s too Mr Hordern; on the same day witness bought the steer and heifer, and afterwards paid him £5 cash for them; he remembered attending a sale of some of Mr Hordern’s bulls at Moss Vale; Schofield had full charge of the stock, and controlled the order of sale; the bulls brought from £4 to £7; they were sold with their pedigrees; Schofield’s statement about the brand was false; witness did not interfere with the brand at all; it was the same now as when he got the cow; he put his father’s brand on the Jersey heifer after he bought her in addition to the old brand; the brand he put on was clear and distinct.

    Ernest Alexander Griffiths, brother of accused, deposed that his father and himself had bought from Schofield; he saw the Jersey cow after his brother bought her; the brand was the same as it is now; it looked as if the same brand, H in circle, had been used twice, one on top of the other; he understood Schofield to be Hordern’s manager.

    John Griffiths, dairy farmer, father of accused, deposed he always recognised Schofield as manager of Retford Park, and as such bought stock off him; the brand on Tilly was just the same as when his son bought her; he thought £6 was a fair value for her.

(Case proceeding.)

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The Goulburn Herald, Fri 17 Jan 1902 8

GOULBURN QUARTER SESSIONS.
———◦———
Wednesday Afternoon.
Before his Honor, Judge Fitzhardinge.

CHARGE OF CATTLE STEALING.

    James Patrick Griffiths and Henry Oliver Schofield were charged with stealing, at Bowral, on July 1st, a cow, the property of Samuel Hordern. The same accused were charged with stealing, on November 1st, two cows and a calf, the property of the same owner. Further counts charged them with receiving.

    Schofield pleaded guilty, and was remanded for sentence. Griffiths pleaded not guilty, and was defended by Mr Gannon (instructed by Mr T Marshall, of Sydney).

    Accused challenged three jurors, and the crown ordered four to stand aside.

    Henry Oliver Schofield deposed that accused Griffiths lived about five miles from Retford Park; he had known him about nine years; there were outside the court a Jersey cow named Tilly, which he valued at about 20 guineas; a brown and white Ayrshire cow worth about 18 guineas, also a brown Jersey heifer worth about 6 guineas; when the cow named Tilly left him it had Hordern’s brand on it; there was not another brand over Hordern’s brand; he could not make out the new brand; there was a fresh brand on the heifer, JD; accused got Tilly in June last; he gave witness £8 for her; he took her away in August; he said he would put another brand over the one that was on her, as he thought that was the safest thing to do; witness kept the money; he told accused he had no authority to sell.

    To Mr Gannon: He never cashed a cheque drawn in favor of Mr Hordern; he had no recollection of cashing the cheque produced; it was endorsed by his signature; he first went wrong in his transactions about two years ago; it did not go back as far as 1895; Roberts was the first man and then Griffiths; he couldn’t say who came next; the witness was asked several questions regarding his evidence at the lower court, and he said some mistake must have been made by the clerk; he also admitted selling stock to a number of farmers and keeping the money; witness did a little pigeon shooting and betting; about this time he was getting £2 a week; he bought a gun for £30, a phonograph for £7, and some records for 30/; he also bought another gun for £7 10/; these articles were bought with money he kept after selling Mr Hordern’s stock; with Mr Hordern’s authority he sold one of the best Ayrshire cows to Murray for £10; if a person were close to the cow Tilly they could recognise Mr Hordern’s brands; when he sold accused the cattle he is charged with stealing he also sold him two steers; he sold the lot for £12 10/; witness had a gun belonging to accused worth £7 10, and accused gave him £5 cash in settlement; if Tilly was ten years old she would not be worth as much as he valued her at; he did not think she was more than six or seven years old.

    The court adjourned at six o’clock, and the jury were locked up for the night.

————
Thursday.

    His Honor took his seat at 9 o’clock.

    The charge against James Patrick Griffiths was continued.

    Andrew Badgery, auctioneer residing at Sutton Forest, deposed that he had had experience amongst cattle all his life; he examined the cow Tilly outside the court, and saw what appeared to be the part of a circle; the brand was blotched; he could not distinguish the brand put over the circle; one letter he thought was a J; he valued the cow at £8 as a milker, and thought she was about five years old; the Ayrshire cow was worth £12 as a milker; but if she had a pedigree she would be worth probably £20; the Jersey heifer was worth about £5; he thought the old brand had been on some years, while the new brand had been on for a few months.

    To Mr Gannon: He could tell Hordern’s brand on the cow, Tilly; a part of the circle and a part of the H are visible; he sold cattle from Retford Park; he dealt with Schofield, and thought he was manager; he did not think Tilly was 10 years of age; he would not swear she was more than six.

    Samuel Hordern, owner of Retford Park, Bowral, deposed that the cattle outside the court were his property; Schofield had no authority to sell them.

    To Mr Gannon: Mr Powell was manager of witness’ stock up to two years ago; he would direct Schofield what to do; Powell used to reside in Sydney and when he was not at Bowral Schofield had full charge; Mr Powell died about two years ago and Schofield had controlled things at Retford Park since; he recognised his brand on the cow Tilly; Schofield never sent him the cash for the cheque produced, £21 15/; it was an open cheque and had Schofield’s endorsement; the cheque was dated August 1895; Schofield never sent him any cash at all; his bank book showed that Schofield had paid £8 into his account at Bowral on August 12th; he would not swear that that amount was not for the cow Tilly; he believed that some of the men who were arrested were discharged because Schofield had paid the money received from them into witness’ account.

    Thomas Lewis Peate, clerk in the employ of Samuel Hordern, deposed that he had bred and bought Jersey and Ayrshire cattle for many years; he had judged at shows in Melbourne and Sydney and many other places; the cow Tilly was about 7 or 8 years old, and was worth £12; the Jersey heifer was worth £5 or £6; the Ayrshire cow was worth about £12.

    John Bowtall, farm labourer employed at Retford Park for the last seven years, deposed that he had milked Tilly for years; when the cow left Retford Park she had only Mr Hordern’s brand on her; there was another brand over Hordern’s now.

    William Walter Loseby, a resident of Mittagong, deposed that he saw accused driving some cattle; Schofield was with him.

    To Mr Gannon: It was done in daylight; he recognised Schofield as manager of Retford Park.

    Senior-Constable Gallagher, stationed at Bowral, deposed that he arrested accused on Dec 3; accused told him he bought eight cows from Schofield for £32; he said he paid cash for them; the witness detailed conversations he had with accused; the brand produced, JG, was the registered brand of John Griffiths, father of accused.

    To Mr Gannon: He could not say that he had discovered anything to be incorrect that accused told him; he had known him for eleven years, and he bore a good character; altogether eleven persons were arrested for stealing cattle; eight were let go; he did not arrest everyone who had bought Hordern’s cattle.

    This concluded the case for the crown.

    James A Cunningham, grazier, residing at Redbank, deposed that he had been actively engaged amongst cattle all his life; he had inspected the cow Tilly, and he valued her at £7; he believed she was eleven years of age; the Ayrshire cow was nine years of age and he valued her at £6 10/; that valuation was not for dairy purposes; the Jersey heifer he valued at £2 5/.

    To the Crown-Prosecutor: If the Ayrshire cow was pure bred she would be worth more.

    Charles H Wood, auctioneer of Goulburn, deposed that he valued Tilly at £7; he believed she was between nine and ten years old; the Ayrshire cow was eighty years, and he valued her at £6; the heifer was worth about £3 10/.

    To the Crown-Prosecutor: If the cows were pedigree cattle that would affect his valuation; they would be worth more.

    Edward H Ayling, stock and station agent, Goulburn, deposed that he had had a life experience in cattle; the market value of Tilly in Goulburn was £3 10/; he thought she was ten to twelve years of age; the Ayrshire cow was worth £5 10/, and was between eight or nine years of age; he did not think she was a well-bred cow; the heifer was worth £3.

    James Patrick Griffiths (accused), dairyman, residing at Glenquarry, deposed that he was thirty-three years of age and was a native of the district; he never kept a banking account; he knew Schofield for seventeen years; he always recognised Schofield as manager of Retford Park; he knew he dealt in cattle on the estate with other people; on one occasion he bought a steer the same day as his father bought some cattle; the first deal he made was in July, 1900; altogether he bought nine head of cattle; his father and brother also bought cattle, but no charge had been brought against them; the first cow he bought was an Ayrshire with a calf; he gave £4 for them; the Ayrshire cow had a lump on her neck, and Schofield said she was only good to rear the calf; he gave £2 for the steer, Schofield asked him if he would buy Tilly, and witness went across to see her; he said he wanted £8 for her, and witness said he did not think she was worth it; Schofield told him she was a good milker; witness said he would take her, and if she turned out what he said he would give him £8 for her; he subsequently bought her at that price; he then bought the Jersey heifer for £4; his brother Ernest was present at the time; witness bought a gun from Schofield for £7 10/; Schofield said if he could not get another gun to suit him witness would have to let him have it back; witness lent him the gun for some time; witness went to get his money for the gun, as Schofield said he wanted it; witness asked him if he had a beast for sale, and he said “yes,” and showed him the Ayrshire cow which he wanted to sell for £5; he also arranged to buy a Jersey heifer for £2 10/, and after they had decided, Schofield said as he owed witness £7 10/- for the gun, that would square accounts; Schofield said the cattle were Mr Hordern’s; and witness asked him if he would pay £7 10/- to Mr Hordern’s account and he said “yes;” witness also bought two steers for £5, later he paid him cash for them; in June last year, Perry and Weaver of Moss Vale, sold some pedigree bulls belonging to Mr Hordern; the pedigrees were announced and the bulls brought from £4 to £7; the brand on Tilly was exactly the same now as when he bought her; he never told Schofield that he would put another brand over Hordern’s; Schofield never told him he had no authority to sell.

    To the Crown Prosecutor: He branded some of the cows with his father’s brand because the brands on them were indistinct.

    Ernest Griffiths, brother of accused, living with his father, deposed that he had been amongst cattle all his life; he had bought cattle from Schofield; he knew all his brother’s cattle; he saw the cow Tilly shortly after his brother got her; the brand was not distinct, but the same brand marks as are on it now were on it then; one of the beasts witness bought was only branded on the ear; on one the brand was not visible when he bought it, but later he saw it was branded on both rumps.

    John Griffiths, a dairy farmer, father of accused, deposed that he had had experience of stock pretty well all his life; he knew Schofield and always looked upon him as manager of Retford Park; had seen the cow Tilly in question in latter part of July in his son’s paddock, and as she was a stranger went to have a look at her; had a look at the brand, but it being winter time the hair was long and the brand indistinct; it is more distinct now because there is less hair, but it is the same; he would consider her value at that time about £6; the Ayrshire cow he would value now as from £5 to £6, and she is better now than then.

    To the Crown Prosecutor: Looking at the heifer now, it appears as though she had been branded with a circle when young, and afterwards another similar brand put on top.

    Andrew Hore, a cattle-dealer, with about ten years’ experience of the business, deposed that he knew Schofield; he remembered in June last inspecting a Jersey cow at Retford Park, which he thought of buying; accused was with him at the time; this was the cow he saw at the court at Bowral; the brand was a blotched brand, and with the long hair it was impossible to say what it was; there were numbers on the same side as the brand. The same day he spoke to Schofield, who asked accused what about the cow, and was he going to take her; accused said it depended on the price, and Schofield said he could have her when she was dry; at that time her value was about £6, now it was about £5.

    To the Crown Prosecutor: On the day he saw the Jersey cow he went with accused to Retford Park to see if he could buy a horse; while he was there the cow was brought into the yard, and as Schofield and accused were talking about the latter buying her he had a look at her; he remarked to accused about the funny nature of the brand, which was all blotched, and which he would take to be one put on top of another; the circle appeared to be the last put on; has known accused for about twelve years, and had married his sister.

    James Goodfellow, auctioneer, of Bowral, dealing chiefly in live stock, deposed that he had known Schofield for the past five years, but had never had dealing with him; always considered him Hordern’s manager; in September saw a Jersey cow—the one called Tilley [sic–Tilly]—the brand is the same now as then; later a buyer offered accused £5 for her, which was refused; she was then within about three weeks of calving; she was then worth about £5 10/; he would suppose her to be about 11 years; the Ayrshire cow would be worth about £5 10/; the Jersey heifer would be worth at the utmost £2 10/; Schofield instructed him to advertise some bulls for sale, but never brought them in; the reserve price was £5; they were described as well-bred bulls; the day before the sale there was a heavy fall of snow and the bulls did not come in.

    Jonathon Brooker, dairy farmer and grazier, of Kangaloon, about eleven miles from Retford Park, deposed that he had known Schofield for eight or nine years; recognised him as Hordern’s manager; on one occasion met Schofield. (Evidence objected to, and disallowed.)

    Alexander Smith, a director of the Berrima District Farmers and Dairymen’s Association, deposed that he knew Schofield and always understood he was manager; has dealt in cattle for some time; knew the Ayrshire cow; first saw her when accused was taking her home from Retford Park; did not offer to buy her; considered her worth £5 at the utmost; has seen the Jersey cow Tilly in accused’s possession; spoke to Schofield about the cow, who told him he got a good price, that accused gave him £8; he considered that a fair price; witness was one of the arrested men.

    This concluded the case for the defence.

    The jury then went to view the beasts.

    On returning the foreman of the jury said they would like to ask Schofield a question.

    Schofield then deposed that Tilly was at Mr Hordern’s residence, Darling Point, for about eight months; that was two years ago.

    Mr Gannon, in addressing the jury, said the accused was before them as a man of excellent character. Schofield was a confessed thief and the man upon whom this case rested. As he had said before, eminent judges in England and Australia had said that it was not safe to take away the liberty of a man on the uncorroborated statement of an accomplice. In this case they would look for corroboration of what Schofield had said, but on the evidence before them he thought they would be reluctant to take away the liberty of a rat. Altogether Senior Constable Gallagher arrested eleven men and charged them with stealing stock belonging to Mr Hordern. Gallagher was a capable and zealous officer, and he did not for one moment believe he would take away the liberty of a man by arresting him unless he had good grounds. It had been stated by Constable Gallagher that he arrested these men on what Schofield had told him, but subsequently eight of them were released. That only went to show what lies Schofield must have told the constable to induce him to make the arrests. Schofield recognised that his time of judgment had arrived and he came here and pleaded guilty, but in order to lighten his iniquity he tried to put some of the blame on to respectable farmers in and around that district. Schofield tells them he has been taking Mr Hordern’s money for two years, but they found out from one cheque of £21 10/- that he had been misappropriating for five years. Surely they would not believe his words against that of a man who has led a blameless life for thirty-three years. He did not like attacking a character such as Schofield’s, but no counsel could express adequate execration for his repellant man. The crown case rested mainly on the faking of the brands. Was it likely that accused would attempt to deface the brand on a cow running about his place while several others which bore Hordern’s brand remained untouched? It was not a rational theory. It was stated that part of Hordern’s brand was visible, and was it reasonable to suppose that the accused would fake a brand and leave a part of the former brand which could be recognised several yards off. As regards the valuations he thought the weight of evidence was on the accused’s side. The crown witnesses were at variance as to price and as to the Ayrshire cow being full bred. Mr Peate considered her a full-bred cow, while Mr Badgery, a man of wide experience, and who had perhaps forgotten more than Mr Peate ever knew, said she was half-bred. The witnesses for the defence agreed with Mr Badgery, and stated that the cow was not pure bred. It had been stated by accused that pedigree bulls belonging to Mr Hordern had been sold at Moss Vale by auction for from £4 to £7. This had not been contradicted by the crown, and only went to show that the pedigree rubbish the accused was charged with stealing was greatly over-valued by the crown witnesses.

    The Crown-Prosecutor briefly replied and said he would not ask the jury to consider the case if it rested on Schofield’s evidence. But there were other facts which called for earnest consideration. A very important matter was the brand on the cow Tilly. They had to determine whether the brand was faked. If they came to the conclusion that it was, then they had to consider whether the accused had given a satisfactory explanation so far as he was concerned.

    The court adjourned at 6.15 until 8 o’clock.

    On resuming, the jury intimated that they had arrived at a decision.

    His Honor said properly the jury should have heard his summing up before giving their verdict, but if it was in favor of accused he would take it.

    The foreman said the verdict was in favor of accused.

    Accused was discharged.

    George Williams Roberts and Henry Oliver Schofield were charged with stealing at Bowral, on 2nd November, 3 bulls and 2 heifers, the property of Samuel Hordern.

    Schofield pleaded guilty and was remanded for sentence. Roberts pleaded not guilty, and was defended by Mr Gannon, instructed by Mr T Marshall of Sydney.

    The Crown Prosecutor said he did not propose to proceed with the case against Roberts, and he asked for him to be bound over to appear if called upon.

    His Honor then bound Roberts over to appear at the next Quarter Sessions at Goulburn if called upon, or at any other court the Attorney-General may direct.

    Roberts was allowed bail in his own recognizance, in the nominal sum of £20.

    As Roberts was leaving the court the Crown Prosecutor shook hands with him.

    Schofield pleaded guilty to another charge of stealing on July 1 a colt and a bull, the property of Mr S Hordern. He was remanded for sentence till next morning.

————
Friday.

    His Honor took his seat at 9.15.

SENTENCES.

CATTLE STEALING AT BOWRAL.

    Henry Oliver Schofield who had pleaded guilty to four charges of stealing stock at Retford Park, Bowral, the property of Samuel Hordern, was brought up for sentence.

    Mr Betts, who appeared for accused, called Senior-Constable Gallagher who said that he had been in the Bowral district for ten years. He had known Schofield for six years and up to the time of these charges he had borne a good character. He thought he was a man who would be easily led. Schofield gave him all the information he could to recover the stock, and witness had been able to recover fifty-nine head.

    In answer to his Honor, Constable Gallagher said the stock taken from Retford Park was valued at £1200.

    Mr Betts read a statement signed by Mr AD Badgery, which stated that he had known Schofield during his residence at Bowral, and always regarded him as a well conducted and trustworthy young man.

    Mr Betts said he would like to address a few words to his Honor before sentence was passed. Schofield’s wife and father said that some years ago he met with a serious accident by being thrown from a horse. He fell on his head, and since then his memory and mind had been very different. He would not say that in all the cases Schofield had been lead astray, but it may be that he was led astray in the first instance, and being of a weak mind he may have yielded to other temptations. It appears that when the robberies became known Schofield made a clean breast of everything and gave every information he could to enable the police to recover the property. He had been placed in a responsible position at a very small salary, totally inadequate to keep up that position. Although he was said to have been only caretaker there could be no doubt that he had acted as manager of the estate for some time. The supervision over the estate appeared to have been very lax. Schofield’s parents had asked him to apply to his Honor to extend the First Offenders’ Act .

    His Honor said he did not suppose he was going to make the application.

    Mr Betts continuing, said he did not intend to make that application, but he asked his Honor to be as lenient as he could with the unfortunate prisoner.

    Mr Peate, Mr Hordern’s representative valued the stock recovered by the police at £500. He still valued the cow Tilly at £12.

    His Honor said he had a look at the cow after the conclusion of the case and he considered her worth fully £12 if not more. He could not understand Mr Ayling’s evidence and questioned whether his valuation of £3 10/- was for Tilly, although he stated that was all she was worth.

    Mr Peate said it was ridiculous evidence.

    His Honor said he considered the evidence an insult to an intelligent jury.

    His Honor, addressing prisoner, said he had to pass sentence on him for the very many crimes that he had committed during the last two years, and perhaps the last five. That he entered upon a course of crime when he had no necessity to do so there could be no doubt. That he stole his master’s property and disposed of it at a great deal below its value there could be no doubt, and he also defrauded his very trusting master to a large extent. He then attempted to hide his dishonest acts by attempting further dishonest acts. It was not until he was found out that he made a confession of his guilt. If he had made a clean breast of his dishonesty before he had been detected, that would have been something for his Honor to take into consideration. It was to his credit, however, that he made a confession. That Mr Hordern had been careless in the supervision of the estate and placed implicit faith in Schofield was a matter which should have made Schofield even more careful with the property. He had a situation as pleasant as any young fellow could have wished for, but he abused that position. If this had not been Schofield’s first offence it would have been his bounden duty to send him to penal servitude. He did not intend to do this, but he would sentence him to three years in Goulburn jail [sic–this spelling not current at this time] with hard labor, on each charge, the sentences to be concurrent.

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Goulburn Evening Penny Post, Sat 18 Jan 1902 9

GOULBURN QUARTER SESSIONS.
———
Thursday Afternoon.
———

    Before his Honor Judge Fitzhardinge.

CHARGES OF STEALING AT BOWRAL.

    The hearing of the case against James Patrick Griffiths for alleged stealing was continued.

    Allan Hoare, dealer, of the South Coast, deposed the Jersey cow was pointed out to him by accused at Retford Park in June last, and the brand was the same as it was now; he valued her at £6 then; there appeared to be two brands—one over the other; he had know accused about 12 years, and was married to his sister.

    James Goodfellow, auctioneer, Bowral, deposed that during the seven years he had been in business as an auctioneer a good many stock had passed through his hands; he had had experience of stock all his life; he had shown Schofield for five years, and recognised him as Hordern’s manager; at accused’s place last year, witness saw the cow outside the court; it was branded 5 and 3; it was branded then as it was now; he called it a half-bred Alderney cow; one brand appeared to be five or six years’ standing; the other appeared to have been put on when it was a calf; Griffiths offered to sell her; an offer of £5 was made, but not accepted; it was made by a man of large experience in stock; the cow was at that time worth £5 10s; she was about eleven years old; witness had also seen an Ayrshire cow; as a beef cow she was worth about £5 10s; he valued the Jersey heifer at about £2 10s; Schofield instructed him to sell two to three bulls, but never bought them; Schofield said they were well-bred bulls; it was snowing, and the bulls did not come in.

    Jonathan Brooker, dairy farmer and grazier, Kangaloon, deposed that he had always recognised Schofield as Mr Hordern’s manager.

    Alexander Smith, dairyman, Mittagong, deposed theat he was one of the directors of the Berrima District Farmers’ and Dairymen’s Association; he always understood Schofield to be manager of Retford Park; when Ayrshire cow was taken from Retford Park, he valued it ai £4 10s or £5; Schofield said he got a good price for the Jersey cow—that Griffiths paid him £8; witness considered it a fair price.

    This was the case for the defence.

    The jury were taken out to view the beasts.

    Mr Gannon, in a lengthy address, asked the jury not to accept the evidence of a man like Schofield. He said there was overwhelming evidence to show that the brand had not been tampered with by accused.

    The Crown Prosecutor replied, and the court adjourned till 8 o’clock.

    On resuming after tea, the foreman of the jury announced that they had agreed upon a verdict.

    His Honor said that it was usual for the jury to hear his summing up; but as they had come to a conclusion, and the conclusion was, he presumed, in favour of the accused, they need not listen to his summing up. Was he right in thinking that their verdict was in favour of the accused?

    The Foreman: Yes, your Honor.

    His Honor: That being so, take the verdict.

    A verdict of not guilty was then formally returned, and the accused was discharged.

    Mr Gannon, referring to the action of the jury, said that frequently in the Supreme Court juries returned verdicts on the conclusion of the evidence.

    His Honor complimented Mr Gannon on his clever defence of the accused.

A THIRD CHARGE.

    George William Roberts and Henry Oliver Schofield were charged with stealing at Bowral, on 2nd November last, three bulls and two heifers belonging to Samuel Hordern.

    Schofield pleaded guilty, and was remanded for sentence.

    Roberts pleaded not guilty, and Mr JC Gannon, instructed by Mr T Marshal, of Sydney, appeared for him.

    The Crown-Prosecutor intimated that he did not propose to go on with the case, and asked his Honor to discharge accused on his own recognisance to appear when called upon.

    His Honor said he could not do that. He would have to remand him till next Quarter Sessions or such other place as may be appointed.

    The Crown-Prosecutor consented to that course, the accused to be bound over in his own recognisances.

    Mr Gannon said he could not object, but he regretted the case could not come on at that court. He would ask for nominal recognisances.

    His Honor then said that on the application of the Crown he would remand accused to take his trial at the next Goulburn Quarter Sessions, to be held on 15th July, or at such other time or place as the Attorney-General might appoint, and he directed accused to be liberated upon his entering into his own recognisances of £20 to appear if called upon.

    Roberts then entered into the necessary bond and was discharged.

    As he left the table Mr Armstrong, the Crown-Prosecutor, shook hands with him.
    We understand the Crown are not likely to proceed with the case.

A FOURTH CHARGE.

    Henry Oliver Schofield was further charged with stealing at Bowral, on 1st July last, one colt and one bull, the property of Samuel Hordern.

    He pleaded guilty, and was remanded for sentence.

    The court then adjourned till next day.

————
Friday.

SENTENCE OF SCHOFIELD.

    Henry Oliver Schofield, who had pleaded guilty to four charges of stealing at Bowral, was brought up for sentence.

    Mr Betts appeared for prisoner, and called Senior-constable Gallagher as to character

    The witness said Schofield had been held in respect in the town and district up to the discoveries. Schofield did not spend his time gambling or knocking about the hotels. Witness took him to be a man of not much will power and likely to be let astray. Schofield gave all the information in his power to assist witness to recover stock, and with his assistance he had recovered about 60 head of valuable stock.

    His Honor: addressing the witness, said: Let me commend you for the manner in which you have done your duty in this matter, for if you had not taken the initiative these dishonest practices would have continued. Whatever your information was, it appears to me that you acted on it very properly and promptly, and as justly as you possibly could. I do not intend to find fault with the verdict of either of the juries. In all probability if I myself, without their assistance, had to decide the issues, I would have decided them in the manner in which they did on the evidence laid before them. But although the jury thought fit to acquit in the two cases, that fact does not take away from the commendation which I wish now to pass on you.

    Witness in answer to his Honor said the value of the stock recovered was about £1200.

    Mr Betts read a letter of character from Mr Andrew Badgery.

    Mr Betts then addressed his Honor on the prisoner’s behalf. He said from Schofield’s wife he learnt that some time ago he was thrown from his horse and rendered unconscious for some time, and since then he had appeared to be a different man. He mentioned this fact, as it might have some bearing on what Constable Gallagher had said. He reminded his Honor that Schofield had rendered the police every assistance after his arrest. There was another thing he wished to refer to. Schofield had been placed in a very responsible position at a ridiculously small salary. He was in charge of a very valuable property, and all he received was £2 a week and quarters, with a few extras, to keep his wife and one child. Although he was called caretaker, practically he was in the position of manager. He asked his Honor to take that into his serious considerations. He would not ask for the application of the First Offenders’ Act , as he did not think it was a case for such treatment; but prisoner was only 33 years of age, and had made one slip.

    His Honor: The difficulty is this: If it were but one slip, I could deal with it easily and quickly, but there are slips extending over two, three, and probably five years.

    Mr Betts said at any rate the supervision of the estate had been very lax. No doubts Mr Hordern’s time was taken up by the enormous mercantile business in Sydney, and the estate was apparently left without that checking which might naturally be expected. That fact no doubt to a certain extent contributed to the unfortunate position which prisoner was now in.

    His Honor called Mr Peate, clerk for Mr Hordern, and questioned him as to the amount of property Mr Hordern had been deprived of.

    Mr Peate said at a very low estimate the stock in possession of the police was worth £500.

    Mr Honor: Have you any doubt as to the value of Tilly, the Jersey cow?

    Mr Peate: No. She is worth £12 for ordinary milking purposes.

    His Honor: After the case closed I went and had a look at Tilly. My experience is not very great, but I thought she was fully worth that if not more. Could Mr Ayling have been looking at the same cow?

    Mr Peate: I think his evidence was ridiculous.

    His Honor: I think his estimate was an issue to ant intelligent person.

    In answer to his Honor Mr Peate said he thought that all the stock had not been traced.

    To Mr Betts: There was no return kept of the stock on the estate and no books were kept by Schofield either; the place was bought as a health resort and not run on business lines.

    His Honor in passing sentence, said he had to sentence prisoner for a great many crimes committed during at least two years and perhaps five or six years. There could be no doubt that he entered upon his career of crime without being driven thereto by necessity; that he disposed of the master’s property under its value and kept the greater part of the proceeds; that he defrauded a very trusting master of a very large amount; and that he attempted to hide those crimes by adopting other dishonest practices. It was only when the police, in the person of Senior-constable Gallagher, commenced to make enquiries that he gave any information as to the crime. It would have been different had he made a confession to Mr Hordern before enquiries were made. It was for his credit, perhaps, that he had made a number of confessions and given a certain amount of information to the police and Mr Hordern to allow them to recover much of the stolen property. But although on the one side that stood to his credit, on the other side there could be no doubt that for a number of years he had been deliberately defrauding his master. That Mr Hordern had been careless in his supervision of the estate was all too plain, but because he was careless—because he had implicit faith in prisoner—that was the more reason that he should have been careful in looking after his master’s interests. Where great confidence and implicit faith were placed in a servant, it was more the duty of that servant to act with strict honesty than if all his actions were supervised. He did not say in any case that a servant should not act with the greatest honesty, but when prisoner saw great faith was placed in him, one would have thought, if he were a man, he would have acted with strict honesty towards an indulgent master. He had no doubt that Mr Hordern treated prisoner with much kindness and consideration. All who knew Mr Hordern must know that was how he treated all those persons who were fortunate enough to be his servants. Prisoner had a situation that was about as pleasant and as good a situation as any young man could hold. To continue to hold it all prisoner had to do was to be honest and moderately careful, but he gave that the go-by. It might be that his moral character was not strong, but he was surprised to hear at the last moment that he was not the party who instigated and manufactured and carried out the frauds. It was prisoner who benefited most by the frauds. It might be that the persons bought the stock lower than they could have got it from Mr Hordern, but they all knew that in buying and selling stock were sometimes honestly sold under their value. If prisoner sold stock worth £500 he had only put £100 to his master’s credit, and therefore put £400 in his own pocket. If the stock were worth £1200, as stated, then prisoner have profited to the extent of £1000. If there had been but one fraud it would be a different matter, but seeing that the frauds extended over years he could only deal with prisoner by sending him to gaol for a lengthy period. Had it not been his first offence it would have been his Honor’s painful duty to send prisoner to penal servitude.

    Prisoner was then sentenced to three years’ hard labour in Goulburn gaol on each of the four charges, such sentence to be concurrent.

~ ~ ~ ~ ~


Henry Oliver Schofield, Gaol photo sheet 10

SRNSW: NRS2232, [19/17286], Goulburn Gaol photographic description book, Nov 1903-Mar 1905, No. –, p. 12, R5124.


Gaol Photo Sheet - 
Transcribed Details

No. –
Goulburn

Date when Portrait was taken: 25th March 1902

Name: Henry Oliver Schofield

Native place: Rockdale

Year of birth: 1870

Arrived       Ship:
in Colony }   Year: B. S.

Trade or occupation
previous to conviction  } Stud Groom

Religion: C of E

Education, degree of: R & W

Height: 5' 7½"

Weight     On committal: 144
in lbs     } On discharge: 144

Colour of hair: Brown

Colour of eyes: Hazel

Marks or special features: Two moles on right temple. Mole on right side of neck

(No. of previous Portrait ... ) 

CONVICTIONS

Where and When Offence. Sentence

Goulburn Q.S
ditto
ditto

14
15
16

1
1
1

1902
1902
1902

1) Cattle Stealing
2) Receiving       | 8 charges

3 years HL on each charge.
Concurrent

 


 

Harold Schofield, 1904

The Lachlander and Condobolin District Recorder, Wed 9 Nov 1904 11

QUARTER SESSIONS.
—————

    The Quarter Sessions opened on Tuesday before His Honor Judge Docker.

    Mr Dawson prosecuted for the Crown and the legal profession was represented by Messrs GC Driffield and AR Cummins.

    Harold Schofield charged with beastiality [sic] pleaded not guilty and was defended by Mr Cummins.

    The following jury was empanelled: GS Watson, J L’Estrange, AWH L’Estrange, Jas Dawson, T Bonser, H Milne, T Hay, T Hughes, E Reardon, H Rodgers jr, T Kingsland jr, and W Dawson.

    Evidence for the prosecution was given by Constable Warwick, who arrested the prisoner, and by the Government Medical Officer.

    Accused [Harold Schofield] gave evidence on his own behalf in which he positively denied having committed the offence.

    L Byrnes gave evidence as to having seen the accused on the night of the alleged offence. Accused was singing and was apparently under the influence of liquor. Witness gave information to the police that a man was hanging round his place, and Constable Warwick then went away to investigate.

    John Edgar deposed that he saw the accused on the date in question at about 11 pm. Accused was drunk at the time.

    Accused [Harold Schofield] gave further evidence to the effect that on a previous occasion Constable Warwick had threatened he would have (the accused) if he did not look out for himself.

    Constable Warwick recalled, denied the truth of accused’s statement.

    His Honor summed up and the jury retired at 11.25 to consider their verdict.

    At 3.30 no decision had been arrived at and His Honor acceeded [sic] to a request for the request of Constable Warwick to furnish some additional details.

    At 11.30 the Jury was called in and it was announced that there was no prospect of agreement.

    His Honor said that this was a simple case in which it appeared there should be little difficulty in arriving at a verdict within a short time. It would seem that the jury was either lacking in intelligence, or, if possessed of intelligence, had failed to exercise it. It would not be a matter for surprise if, in view of incidents such as this, the Crown Law authorities were to discontinue the sittings of the Court at Condobolin. Remanded to Wyalong.

~ ~ ~ ~ ~

The Sydney Morning Herald, Thu 10 Nov 1904 12

COUNTRY NEWS.
———◦———

QUARTER SESSIONS.
———

Condobolin, Wednesday.

    The Quarter Sessions were held here yesterday before his Honor Judge Docker. Mt AF Dawson was Crown Prosecutor. In the case of Harold Schofield, charged with a serious offence, the jury failed to agree, and the accused was remanded for trial to such time and place as the Attorney-General may appoint. Bail was allowed. William Bowman was acquitted on a charge of horse-stealing. Mr AR Cummins appeared for both the accused. There was no other business.

~ ~ ~ ~ ~

The Wyalong Advocate and Mining, Agricultural and Pastoral Gazette, Sat 12 Nov 1904 13

Condobolin police quarters, left, and courthouse, built 1880. Photo ID: SRNSW 4346_a020_a020000065.jpg
Condobolin police quarters, left, and courthouse, built 1880.
Photo ID: SRNSW 4346_a020_a020000065.jpg

TRANSFERRED.
———◦———
A CONDOBOLIN INCIDENT.
————

    The Quarter Sessions was opened at Condobolin on Tuesday last before His Honor, Judge Docker, when one Harold Schofield, was charged with beastiality.

    The accused pleaded not guilty.

    After evidence had been given, His Honor summed up and the jury retired at 11.25 to consider their verdict.

    At 3.30 no decision had been arrived at and His Honor acceded to a request for the recall of Constable Warwick to furnish some additional details.

    At 11.30 the jury was called in and it was announced that there was no prospect of agreement.

    His Honor said that this was a simple case in which it appeared there should be little difficulty in arriving at a verdict within a short time. It would seem that the jury was either lacking in intelligence, or, if possessed of intelligence, had failed to exercise it. It would not be a matter for surprise if, in view of incidents such as this, the Crown Law authorities were to discontinue the sittings of the Court at Condobolin. The accused accordingly remanded to Wyalong.

 



Harold Schofield
, 1905

The Lachlander and Condobolin District Recorder, Wed 15 Mar 1905 14

Lachlander and Condobolin District Recorder masthead. Reproduction: Peter de Waal
Lachlander and Condobolin District Recorder masthead. Reproduction: Peter de Waal


LOCAL AND GENERAL.


    There are no less than six lawyers in Forbes. Condobolin only has two. We can’t afford to go in for luxuries in a wholesale way; in fact we are such a friendly, peaceful and law-abiding community that even Judge Docker felt called upon to compliment us. The expressed approval of Judge Docker is something of which we may reasonably feel proud; in fact, we had come to the conclusion that there was nothing on earth which could earn his Honor’s unqualified approval.

———


    The Deputy Sheriff, Mr W Maitland, occupied a seat on the bench during the sitting of the Court of Quarter Sessions.

QUARTER SESSIONS
———◦———

    The Quarter Sessions opened on Tuesday before his Honor, Judge Docker. Mr Dawson prosecuted for the Crown and the legal profession was represented by Mr AR Cummins.

    The only case set down for hearing was that of Harold Schofield (in respect to which a jury disagreed at the previous Sessions). The accused was charged with bestiality, and was defended by Mr AR Cummins.

    The following jury was impaneled:—Messrs George Shipard, JF Holloway, CA Heinke, SJ Waite, F Robertson, Jas Smith, GA Milne, BJ Roberts, jr, JP Poole, SS Byrnes, E Doyle, and FW Marlin.

    The evidence, which was of such a nature as to render it unfit for publication, was similar to that given at the Police Court hearing and at the subsequent trial at the Quarter Sessions held on Nov 8 of last year.

    At the close of the evidence Mr Cummins delivered an able address in defence of the accused, pointing out that a mistake might easily have been made. He did not wish to reflect in any way on Constable Warwick’s veracity, but submitted that at the worst it was only a case of strong suspicion against the accused.

    His Honor summed up very carefully and at considerable length, and the jury retired at 1.20 to consider its verdict. At 8.15 pm the jury announced that they were unable to agree and they were locked up for the night.

    This morning at 9.30 the jury announced its inability to agree, and after a further short retirement they were discharged, his Honor remarking that he failed to understand why they had been unable to arrive at a verdict on the evidence placed before them.

 


1     The Bowral Free Press, Sat 14 Dec 1901, p. 2. Emphasis added.

2     The Bowral Free Press, Wed 18 Dec 1901, pp. 2, 3. Emphasis added.

3     The Bowral Free Press, Sat 21 Dec 1901, pp. 1, 2. Emphasis added.

4     The Bowral Free Press, Tue 24 Dec 1901, p. 4. Emphasis added.

5     Goulburn Evening Penny Post, Tue 14 Jan 1902, p. 2.

6     Goulburn Evening Penny Post, Thu 16 Jan 1902, p. 2. Copies of the Penny Post for Wed 15 and Fri 17 Jan 1902 are not available. Emphasis added.

7     Samuel Hordern (24 Sep 1876–3 Jun 1956) on his father’s death in 1909, Hordern was fully trained to assume control of the remarkable Italianate Palace Emporium, opened in 1906 as universal providers. ‘The Empo’, run with imagination and enterprise, employed some 4000 people and dealt in ‘everything from a needle to an anchor’, mostly manufactured in the firm’s Sydney factories or imported by its own agents abroad. Their familiar household catalogue was known as the ‘Bush Bible’. In accordance with his father’s will the firm was sold to a private company in 1912; Hordern became governing director. With inherited wealth, particularly from the sales in 1918 of his father’s city and suburban properties, he perhaps lacked the trading flair that called for ruthlessness to keep control of the vast emporium and abreast of modern merchandising. He retired from the company in 1926 when it was sold to public investors.

8     The Goulburn Herald, Fri 17 Jan 1902, p. 2. Emphasis added.

9     Goulburn Evening Penny Post, Sat 18 Jan 1902, p. 4. Emphasis added.

10   SRNSW: NRS2232, [19/17286], Goulburn Gaol photographic description book, Nov 1903-Mar 1905, No. –, p. 12, R5124.

11   The Lachlander and Condobolin District Recorder, Wed 9 Nov 1904, p. 4. Emphasis added.

12   The Sydney Morning Herald, Thu 10 Nov 1904, p. 8. Emphasis added.

13   The Wyalong Advocate and Mining, Agricultural and Pastoral Gazette, Sat 12 Nov 1904, p. 2.

14   The Lachlander and Condobolin District Recorder, Wed 15 Mar 1905, p. 4. The graphic designer of The Lachlander masthead did produce a splendid image but did not pay enough attention to the spelling – Condobolin without the 3rd ‘o’.