COBAR —

An unusual incident occurred at the Regent Theatre, Cobar, recently, when a lady resident, who was enjoying the pictures, was hit with an egg.  She had some knitting which she was doing, when, to her great surprise, she felt a sudden blow on the chest. On investigation she found she had been hit with an egg. Luckily, the yoke did not break, or her beautiful frock and knitting would have been ruined.

The matter was reported to the police, and Constable Megaw questioned a number of boys at the pictures, without finding who threw the egg.

The police were later informed that two eggs were purchased at a nearby shop while the pictures were in process, and as a result, they expect to be able to take appropriate action against the egg thrower.

IN the matter of the estates of the undermentioned deceased persons, and pursuant to the Wills, Probate and Administration Act, 1898-1954; the Public Trustee Act, 1913-1960; Testator’s Family Maintenance and Guardianship of Infants Act, 19161954; and Trustee Act, 1925-1942; the Public Trustee hereby gives notice that creditors and others having any claim against or to the estate of any of the undermentioned deceased persons, who died on or about the respective dates hereunder mentioned, and representation of whose estates was obtained by the Public Trustee in the manner and upon the dates hereunder mentioned, are required to send particulars of their claims to the said Public Trustee at his branch hereunder mentioned on or before the 16th day of March, 1974, at the expiration of which time the said Public Trustee will distribute the assets of the respective deceased persons to the respective persons entitled, having regard only to the claims of which he then has notice.

THE BALLOON RIOT IN THE DOMAIN

DEATH OF THOMAS DOWNS.

The boy Downs having died in the Infirmary on Wednesday morning from injuries received on Monday afternoon, by the falling of one of the upright poles erected in the Domain for the purpose of sustaining the balloon of M. Pierre Maigre during the process of inflation, an inquest was held on his body, shortly after mid-day, at the Three Tuns, King-street, before Mr. J. S. Parker and a jury of thirteen. John Kelly, Edward Atkinson, and Joseph Prior, three seamen of H.M.S. Juno, who were brought up at the Central Police Court on Tuesday, for riotous conduct in the Domain on the previous evening, and had been remanded till Friday, were brought before the Coroner in custody, it having been alleged that they took an active part in knocking down the pole which inflicted the deadly wound on the deceased boy.

The first witness examined was Emanuel Benjamin, residing in Clyde-street, Miller’s Point, who deposed that deceased, Thomas Downs, was his stepson, and that he was about eleven years old. Deceased obtained permission from his mother on Monday to go to the Domain to see the balloon ascent ; he was to return in an hour, but did not ; went to the Domain at 10 o’clock at night to seek for him ; then heard that two boys had been hurt, and taken to the Infirmary ; on enquiry there, found that his step-son was one of them ; identified, the body lying dead at the Infirmary as that of his wife’s son.

Donald McIntosh McEwen, a duly qualified medical practitioner, stated that, on Tuesday morning, between 9 and 10 o’clock, he made his usual visit to the Infirmary, and then saw the deceased, who had been attended immediately after the accident on the previous evening, by Drs. Nelson and McFarlane, in conjunction with the house surgeon ; examined deceased, and found him in a state of insensibility, with a very serious fracture on the left side of the head, extending from the forehead to the vertex ; about the vertex there had been several pieces of bone removed ; from the substance of the skull saw the place they had been taken from ; produced the pieces ; the injury he described would be quite sufficient to cause death, and such an injury would be inflicted by one blow from a heavy substance ; there was a clean cut extending from about the middle of the frontal bone to the vertex ; there was no coagulated blood on the surface of the skull ; the wound must have bled freely; a stick in the hand of a powerful man would make such a wound and fracture on a child of such tender years. On being recalled, the same witness stated that there were no other marks of violence on the body but the one he had described ; the evidence he gave was from what he bad seen, not from anything he had heard.

William Mortimer, inspector of the police force, and in charge of the C division, was next examined, and detailed at some length the riotous proceedings he had witnessed ; his attention was particularly called to some sailors belonging to H.M.S. Juno, forcing themselves over some iron fencing round the balloon ; he remonstrated with them, and got them to go back again ; about 7, when the balloon become inflated and rose two or three yards in the air, a rope fastened to the top of it became entangled ; some one cried out ” Cut the rope ;” M. Maigre was at that time in the car attached to the balloon ; it began swaying about, and the gas was escaping ; saw some sailors and soldiers, with other parties, pulling the balloon down ; his attention was called to a great number of persons rushing towards a tent in which the Governor and his suite had been sitting; followed and saw M. Maigre running, with a body of police around and protecting him, to get away to a place of safety ; on returning to the spot where the balloon was, having been away about four or five minutes, found the enclosure full of people, and among the most prominent saw some sailors of H .M. S. Juno, and some soldiers, who had surrounded and got hold of Captain McLerie, the Inspector-General of Police ; noticed the prisoner John Kelly; he, with other sailors, was pulling the balloon towards the fire, and they eventually burnt it ; saw the same prisoner most active in pulling down a tent in which the spirits of wine had been kept ; it was also destroyed ; about an hour after his attention was called to the same prisoner, who was engaged with other sailors destroying the fencing, chairs, and seats, throwing them into an immense fire ; Captain McLerie and he did all they could to prevent mischief ; he had been roughly handled, and threatened to be thrown into the fire by Kelly and others ; saw one of the poles pulled down with a great crash ; didn’t know by whom it was done ; also saw the second pole come down, a few moments after ; the sailors appeared to be a little groggy ; there might have been eight or nine of them ; had no doubt as to the identity of Kelly ; he was taken into custody and removed to St. James’ watch-house, where witness identified him as the leader of the mischief ; from the density of the crowd was surprised that so few people were injured by the falling of the poles.

William Hamilton Galbraith, a medical practitioner, had been in the Domain on Monday afternoon ; saw a machine miscalled a balloon, suspended from two pair of spliced poles ; saw it burned, together with a tent and its contents ; saw a soldier of the 11th upset an iron furnace in which was some ignited straw ; some sailors and others drew the balloon across the fire and set it in a blaze ; the tallest prisoner was the most conspicuous amongst them ; saw the poles pulled down by several persons whom he did not know ; there were boys and a woman among them assisting in pulling, and crying out cut the ropes ; took particular notice of the prisoner ; be ran bodily against the pole as soon as the ropes were cut, and by his main force shoved the pole down ; when the pole fell, heard a scream, and cries of Oh ! Oh ! ran to see what had happened ; found two boys lying, one with a severe cut in the head and quite insensible ; examined the wound and found there was a fracture of the skull, about four or five inches long : it was bleeding very much ; he breathed heavily ; heard afterwards that he was taken to the Infirmary ; did not see the prisoner cut any rope ; the poles would not have fallen had the ropes not been cut ; saw sailors, or men dressed like sailors, drawing out sheath knives about the pole ; immediately afterwards the ropes were adrift.

By the prisoner : At what time did you see me ? Answer : About seven o’clock. Had no doubt as to the identity of the prisoner.

Robert Hobbs deposed that he went to the Domain on Monday morning about half-past six with tents for the accommodation of visitors, and remained there till ten at night ; identifies the prisoner Atkinson ; saw him kick the furnace, and some sparks flew from it ; he did not kick it over; at the same instant the mob around said set fire to the balloon, which was no sooner said than done ; prisoner drew the balloon to the fire and set it alight, then drew it to the tent, with the assistance of Kelly and others, and set fire to the tent. The witness next described the pulling down of the poles ; the prisoner Atkinson let go the guys ; could have seen clearly had any one pushed at the pole when it fell ; did not see any one pushing it ; saw a soldier or marine about at the time the balloon and tents were burned ; he took a very active part in it ; did not see the second pole fall, nor did he hear any one call ” Get out of the way” before the first pole fell ; saw a man dressed as a sailor of the Juno, who was pockmarked; he took an active part in pulling down the poles ; could identify him.

By the prisoner Atkinson ; It was between half past 7 and a quarter to 8 that he saw the prisoner at the balloon ; recognised the prisoner by his dress and present appearance; he was a little excited from drink ; saw no sheaths or knives with the sailors.

George Nelson spoke generally as to the conduct of the crowd, and from the falling of the poles, from the position the boy was in, did not think he could have had anything do with the pulling at the pole which fell on him ; saw no one shove the pole, nor did he recognise the sailors now present as being there ; several sailors were throwing chairs and other things on the fire ; saw sailors with others pulling on the ropes, but did not see them do more than others did ; gave the alarm to the police that a boy was killed ; could not identify a single individual that was there.

At this stage of the proceedings, the enquiry was adjourned until next day ( Thursday ), at 12 o’clock, and the jurors bound over in the sum of £20 each for their appearance.

SECOND DAY.

Yesterday, at noon, the inquest was resumed at Mr. Driver‘s, King-street.

Mark Levy, furniture dealer, George-street, examined : Went to the Domain at 4 o’clock to see the balloon ; saw some men-of-war sailors there, who were the worse for liquor ; recognised the two shortest prisoners now before the Court as the men ; saw the sailor Atkinson pulling away the other, who gives his name as Prior, and persuading him to come away ; Prior wanted to fight some one ; they were disposed to be quarrelsome, and persuaded them to go away ; then saw Atkinson and Prior go out of the gate ; did not see them go near the pole ; it is possible that they might have got back to the pole without his seeing them ; saw lots of boys there, and it was his opinion they did most mischief ; was almost positive that the seamen now before the Court had no hand in pulling down the poles ; believed the people were quite as much excited as the sailors ; followed the body of the boy, and as he got outside the gate, saw the prisoner Kelly standing talking to some other sailors ; this might have been about 200 yards from the pole ; it is possible he might have come from the pole after it fell ; thought however, that he did not ; cannot say whether he was in liquor or not.

By a Juror : Was within a few yards of Atkinson when prisoner pulled him away.

By the prisoner Atkinson : Saw him first about four o’clock.

Samuel Redshaw, a police constable, stated that he did not see the first pole pulled down ; saw the second, however ; the prisoner Kelly was pulling a rope attached to it, and calling for help ; was about ten yards from him ; many civilians were assisting equally as bad as the sailors.

James Burt, sergeant of police, detailed the burning of the balloon, chairs, &c. With reference to the pulling down of the poles, he stated that there were civilians, as well as sailors and soldiers engaged in the work ; believes he saw the prisoner Prior there doing as the mob did ; the prisoner Kelly was not there to his knowledge ; had he been, thinks he must have seen him ; although he said that sailors and soldiers took an active part in the affray, he meant that they were more prominent by their dress ; the people were quite as much engaged as they.

William Carruthers, civil engineer, residing in Woolloomooloo, was in the Domain on Monday afternoon. His evidence presented no new feature, the chief point in it being, that before the pole came down a general shout having previously been given that it was falling, and to look out for it – it was almost impossible to say who was to blame in the matter, as it seemed a general thing. Dr. Duigan informed witness, after he had examined the boy, that he ( Thomas Downs ) could not live. Did not, on Monday, see any of the prisoners then before the Court.

This closed the evidence, and the jury shortly after returned the following verdict :- ” That the deceased, Thomas Downs, aged 11 years, came to his death by the falling of a pole in the Domain, on Monday evening the 15th instant, which was thrown down by a disappointed and excited crowd of people, out of whom it is impossible to single out any individuals as the ringleaders, or as throwing down the poles ; and we unanimously consider that, if any person is to blame, it is Monsieur Maigre, the perpetrator of the sham balloon ascent, which we consider caused the death of the said boy. We wish this to be considered a censure upon Monsieur Maigre. ”

SECOND COURT.

Before Mr. Justice Milford.

INDECENT ASSAULT OF A CHILD.

Patrick Connery, indicted at the last sittings, was placed in the dock to stand his trial for that he, at Paddington, on the 13th day of October, 1859, did unlawfully and indecently assault one Mary Ellen Burke, a female child under the age of twelve years.

Mr. Butler conducted the prosecution against the prisoner, who was not defended by counsel.

The prosecuting counsel addressed the jury, and briefly stated to them the circumstances of the case.

Sergeant Samuel Redshaw, of the Sydney Police Force, deposed that he had arrested the prisoner on the fourteenth October last. Witness told him what was the charge against him. Prisoner said that the charge was a made up affair between the mother, the daughter, and the old woman Connolly.

The witness was cross-examined by the prisoner, but nothing of importance was elicited.

Mary Ellen Burke, the child referred to in the indictment, aged about seven years, was brought into court, but as she did not appear to have received any instruction whatever upon religion, her evidence could not be taken.

Catherine Connolly deposed that she knew the prisoner ; at the time that prisoner was arrested she was stopping at the house of Mr. Burke, the publican – the father of the little girl, Mary Ellen Burke ; witness one day went up stairs, and went into a room wherein there was only a basin stand and a box. This was three or four months ago. Mrs. Burke’s child was there, and the prisoner was also in the same room. [ Witness then proceeded to describe circumstances which amounted to a direct proof of the charge against the prisoner. ]

The prisoner had been drinking that morning, and seemed much the worse for liquor. Witness went down immediately, and told the parents ; the father questioned the child, and, on hearing what she said, struck Connery with a billet of wood when he came down stairs ; Mrs. Burke had sent witness upstairs for the child. Witness was cross-examined by the prisoner, but her evidence was not thereby affected. Cross-examined by the Judge, witness described the nature of the washhand-stand on which the child was sitting when witness went into the room ; the little girl was sitting on the top of it ; the prisoner had owed witness a pound for a long time, and witness used to ask him for it ; about a fortnight before this occurred Burke was bouncing the prisoner, and saying that he would not give up the property to him.

Mary Burke, the mother of the child Mary Ellen Burke, deposed that she remembered the day that something was done to her daughter. She was upstairs that morning with her brother ; they both once came down together : they had then some money, which the child said Paddy ( the prisoner ) had given to them ; witness was in the front room sewing, and after that sent the woman Connolly up stairs for them ; the woman came down stairs saying the child was destroyed ; witness saw her husband, just afterwards, striking the prisoner with a billet of wood; there was no difference existing between witness’s husband and the prisoner, except that Connery held a mortgage over the house. The prisoner had drunk something that morning, but was not drunk ; witness was not drunk. Cross-examined by the prisoner : witness admitted she had once been placed in gaol by her husband, and that prisoner had bailed her out ; witness had never expressed a determination to be revenged upon prisoner; the witness Connolly was drunk on that day, at the time she came down stairs, and made the statement against the prisoner Connery. The counsel for the Crown begged to withdraw the case.

The jury ( by the direction of the Judge ) returned a verdict of not guilty, and the jury intimated that the prisoner left the Court without any stain upon his character.

WATER POLICE COURT.- Friday.

Before Messrs. S. North and J. McLean..

Sydney James Dalton was arrested by Samuel Redshaw, sergeant in the city police, charged with being in the dwelling-house of Rose Strange, for an unlawful purpose, on the 7th instant. The complainant Rose Strange, resides in Windmill-street, and only knew the defendant few days before she charged him with this offence.

It appears that he lodged in a house next door to the complainant, kept by a Mrs. Jacques, and about a quarter-past 2 a.m., on the morning of the 7th instant, the complainant was awoke by hearing a noise at the window shutters. She struck a light and saw defendant through the window, and asked him who he was and what he wanted, and he replied he would soon let her know. She went to the room in which her son slept, and roused him, and when they returned to complainant’s room Dalton was in the act of getting in at the window, whereupon, her son shoved him back, and he then went back to the house where he lodged.

On the following day, Mrs. Strange saw Dalton, and said if he apologised for what he had done, she would let the matter drop ; but he laughed, and said he was drunk at the time.

The prisoner, in defence, stated that when Mrs. Strange saw him the next day, that he said if he had been guilty of any ungentemanly act he was sorry for it.

The Bench ordered him to enter into his own recognisance in the sum of £50, to be of good behaviour for twelve months.

NEW SOUTH WALES PARLIAMENT.

LEGISLATIVE ASSEMBLY.

TUESDAY, NOVEMBER 4.

Funerals

In the Supreme Court o£ New South Wales.

In the estate, goods, chattels, credits, and effects of Samuel Redshaw, late of Parramatta, in the Colony aforesaid, senior constable and watch-house keeper, deceased, intestate.

NOTICE is hereby given that after the expiration of fourteen days from the publication hereof, application will be made to this Honorable Court, in its Ecclesiastical Jurisdiction, that letters of administration of all and singular the estate, goods, chattels, credits, and effects of the abovenamed Samuel Redshaw, deceased, who died on the 16th day of August, 1886, may be granted to Thomas Redshaw, of Dowling-street, Sydney, in the said Colony, grocer, the eldest son of the abovenamed deceased.— Dated this 21st day of August, a.d. 1886.

ROBERT HENRY LEVIEN,
Proctor for the said Applicant,
George-street, Parramatta, and Phillip-street, Sydney.

5947 6s. 6d.

FATALITY AT NUMERALLA.

VERDICT OF ACCIDENTAL DEATH.

On Wednesday last an inquest was held by Mr John Gale, coroner ( Queanbeyan ), touching the death of Edward Patrick Agnew, son of Mr Adam John Agnew, grazier, of Numeralla.

The enquiry took place at Kuttamurra, Numeralla, the residence of Mr A. B. Agnew, brother of the deceased, when the following evidence was adduced : —

Adam Bede Agnew, farmer, and grazier, brother of deceased, deposed that about 4.30 p.m. on Monday, 26th. December, deceased was at his residence, Kuttamurra, Numeralla, and left to go to his father’s house where he lived.

Deceased was 15 years 9 months old ; he was riding a quiet horse, and was a good horseman.

About a quarter of an hour after he left witness’ residence, he being in the company of Gordon McDonald; witness noticed the latter galloping back.

McDonald said ” Neddy has got a fall. ”

Witness went along the road and saw McDonald and Stanley Norris carrying deceased in the direction of the residence of witness, who sent for Mr Godfrey, a teacher, of Numeralla, who held a first aid certificate.

The latter advised sending for a doctor ; deceased was unconscious, and witness noticed that blood was coming from his right ear.

Dr Utber came from Cooma, arriving about 6.30, and upon examination said it was practically a hopeless case.

Constable Foster arrived before the doctor came.

Deceased lingered until 12.40 p.m. on Tuesday, 27th December, when he died without recovering consciousness ; he had no property, and his life was not insured.

Gordon McDonald, labourer, deposed that he was riding along the road with deceased to his home on 26th December; they cantered along as far as the crossing, and steadied their horses to go into the creek.

Witness got out of the creek ahead of deceased, and cantered up to open a gate about 200 yards further. On reaching the gate he pulled his horse up and was going to dismount when he saw the deceased’s horse galloping up alongside his ( witness’ ) horse.

He then saw deceased lying in the middle of the road about 50 yards from the creek, and rode back and found him lying on his right side ; blood was issuing from his right ear, and he was unconscious.

Witness lifted him up and loosened his shirt, and at that time deceased’s sister came along in a buggy.

He left and went home for assistance, and Norris and a brother of deceased came back with witness to where deceased was, and brought him along, when the last witness rendered further assistance.

In reply to the police, witness said he noticed mud on the side of the horse and saddle when the horse came up to him, and the near stirrup was hanging over the side of the saddle. The off side and hip of the horse were scratched as if it had fallen.

Stanley Norris, labourer, residing at Dangelong Station, deposed that about 5 p.m. Gordon McDonald asked him to come for a ride, and informed him that deceased had got a fall.

They went to the place and found that deceased was unconscious and bleeding from the right ear.

John Joseph Agnew, a probationary constable, residing at the Central Police Barracks, Sydney, deposed that he was on furlough, staying with his father.

Deceased was his brother. Witness came to Numeralla at 11 o’clock on 27th December. He noticed on the road that an unshod horse had slipped on the hard road, and from the marks he knew that the horse had fallen on the off side. Replying to the police, witness said he did not notice any stones where the horse had fallen ; it was about 50 yards from the creek.

Constable T. J. Foster, of Cooma, deposed that on 26th December he was on duty at Numeralla, and at about 6 p.m. heard that a boy had fallen from his horse.

He went to his house and saw that blood was coming from the deceased’s right ear, and noticed a bruise and contused wound behind that ear.

Heavy rain set in about two o’clock that afternoon, and continued up to the time the accident happened, which made the roads in a very bad and slippery condition.

Witness held a First Aid certificate.

All that was possible was done for the deceased, and the doctor was sent for.

Deceased was a bright, intelligent, youth and a good horseman.

Dr F. L. Utber, of Cooma, deposed that he was called to see the deceased at about 6 p.m. on 26th December, and found him suffering from a fracture of the base of the skull; he was unconscious, and in a critical condition.

Deceased also had a cut on the leg ; he died next day.

Witness went out to Numeralla with the intention of bringing him into Cooma, but found him too bad to be removed.

The cause of death was fracture of the skull, which could have been produced by a fall and the head striking the ground.

The Coroner found that death was due to fracture of the skull accidentally caused by a fall from a horse.

MIRROOL HOLD-UP

SECOND DAY OF TRIAL JURY UNABLE TO AGREE

The hearing was continued at the Wagga Circuit Court yesterday before Mr. Justice Campbell, of the charge against Edwin Stanley Palmer and Ernest Victor Smith of feloniously wounding Alexander Skinner at Mirrool , on July 19, with intent to murder him.

Accused were represented by Mr. L. C. Badham, of Sydney ( instructed by Mr. Taylor, of Cootamundra ), and Mr. Norman McGhie presented for the Crown.

Corroborative evidence of the police investigation was given by Constable Bottrell, of Ariah Park, who stated also that on the day of the shoot, he saw the accused in their car at Ariah Park, and they asked him if the paymaster would be along that day. He replied that he did not think so. When he was making his investigations, later, he saw a car, in which was Mr. Harbey, and about three others. One of the party the party had a gun with him. There were also four distinct car tracks around the tree. When he was speaking to the accused at Ariah Park he did not notice what they were wearing.

Constable J. J. Agnew, stationed at Ardlethan, related a conversation that he had with Palmer, while travelling from Goulburn by train. He said that Palmer told him he had been committed for trial in connection with the Mirrool “hold-up,” and that Smith (the other accused) had forced him to make a statement, but that he wanted to alter the part in which he said that Smith did not get out of the car.

In answer to Mr. Badham the Constable denied that he started the conversation, and that be said to Palmer ” Didn’t Smith get out of the car and run? ”

Jessie McEvoy who provided accused with their meals at her home, related a conversation she had with Palmer, in which he asked her who came out in the pay car. She answered that the pay clerk usually brought the money, and she wondered why he had no police escort. She had known both accused for several years, and she had found both very decent.

A salesman in a store at Ariah Park, James A. Nicholson, stated that on the day of the shooting Smith entered the store, and asked for smokeless cartridges, but, as there where none in stock, he left the shop without making any purchase.

Under cross-examination by Mr. Badham, witness said that he had no particular reason for remembering the day, or Smith and his request, excepting that the shot he asked for was unusually large.

Henry Pringleberry, a laborer, of Ariah Park said that on July 19, he saw the accused drive along the street. Smith left the car and walked along the street. Witness and Palmer spoke together for a few minutes, and Palmer asked him if that day was pay day, to which he replied “Yes.” Later saw the accused in a billiard saloon.

Sergeant Stewart, recalled, said in connection with the finding of a muddy pair of boots in the accuseds’ tent admitted that another pair of boots was also found in the camp and were subsequently claimed by Smith, but when found, they were perfectly dry, and bore no signs mud.

THE DEFENCE

A. Player, a hairdresser at Ardlethan, told how he had taken part in the ” line up ” for identification at the local police station, and how Skinner had made the mistake of identifying him as the man that had been seen climbing through the fence after the shooting.

Both of the accused elected to give evidence.

Palmer said he was a motor mechanic and let his car for hire. On July 18, Smith paid him £1 to drive him to Mr Pearson‘s residence, 16 miles north of Mirrool, where they stopped for the night. The following morning they get out on the return trip, but ran out of benzine, so they borrowed a tin from a man named Prentice, who lives along the road, and on their arrival at Ariah Park he purchased two tins of petrol, one of which he sent back to Prentice, and the other he placed in the tonneau of his car, and at 20 minutes to 1 o’clock he left Ariah Park and drove straight to Mirrool, arriving there about 40 minutes later. He drove to Mr Moon’s office, where Smith left him. He went and saw Mr Moon, and left the car standing in the street. At about half-past 3 o’clock he drove the car to his tent, and shortly afterwards Constable Smede arrived. In the meantime, he had been told of the shooting. There was no gun in the car, although there were a number of cartridges in the back seat that he used for fox shooting. The gun had been wrapped tip in a cloth under the bed for about a week, and prior to that it has been at Mrs McEvoy’s. With reference to Constable Agnew’s account of the conversation in the train, Palmer stated that the constable began the conversation and said ” You were a d*** fool not to give Smith away, and clear yourself, by saying that Smith got out of the car. ” To this he replied, ” I’ve made a statement and I don’t want to make another. ”

Smiths statement from the witness box corroborated what Palmer, had said of their movements on the day of the shooting and a searching cross – examination from the Crown Prosecutor failed to elict any new facts.

Counsel having addressed the jury, and, the Judge, retired summed up the evidence, the jury retired shortly after 6 o’clock.

Two hours later the jury returned, and had their minds refreshed on several points of the evidence, but at 10 o’clock they had not come to any agreement, and were locked up for the night.

The Court will sit again at 10 o’clock this morning.

A Desperate Deed

Bush Bandits Hold Up Pay Car

PAYMASTER PEPPERED WITH PELLETS ACCUSED WRAPPED IN A DAMNING LEGAL WEB, AND CONVICTED

They were as mild-mannered and nerveless a brace of bandits as ever faced any minimal tribunal when they faced his Honor Mr. Justice Ralston and a jury at the Central Criminal Court at Darlinghurst last Monday — Edwin Stanley Palmer and Ernest Victor Smith. Both were young men on the threshold of their prime. Palmer is a motor mechanic, aged 26, and Smith, a labourer, a year younger. They were charged that at Mirroul, on July 1922, they did maliciously wound Charles Alexander Skinner, with intent to do him grievous bodily harm.

The Senior Crown Prosecutor ( Mr. W. T. Coyle, K.C. ) instructed by Mr. John Gonsalves, of the Crown Law Department, conducted the Crown case. The accused were defended by Mr. Moller ( instructed by Messrs. Clayton and Utz ), counsel for the defence having been assigned by the Crown. Both the accused pleaded not guilty. Before a jury was empanelled 10 jurors had been challenged by one or other of the accused.

The accused had been tried before Mr. Justice Campbell at the Wagga sittings of the Supreme Court on October 13, but on that occasion the jury had been unable to agree upon a verdict. Hence the second trial with a change of venue.

Dr. Cecil Findlay, Government Officer at Temora deposed to having examined Charles Alexander Skinner at Temora on July 19. He found sundry gun shot near the left eye, where the shot was still imbedded. In fact none of the pellets had been extracted. Skinner’s injuries could have been caused by the pellets from the cartridge he was now shown. Skinner’s wounds were both immediately and remotely dangerous, but the vision of the eye had not been impaired.

Charles Alexander Skinner, a tall and swarthy young man, said he was Inspector of Construction Works of Government Silos. He lived at Temora, and in that district Government silos were in course of erection. He left Temora on the forenoon on July 19, with a Mr. Leifermann. They went to Ariah Park and had in the car a bag containing some £3000 in notes.

They travelled in a single-seater Ford car and the roads were in a terrible state, so that he had chains on the back wheels. At Ariah Park, Leifermann paid one man in witness’s presence. Then Leifermann and the man went to an hotel — to get the receipt signed. ( Laughter. ) The paying of this man took some five minutes. Witness stood guard by the car. When Leifermann rejoined the car they proceeded. During the wait, witness noticed a car standing near by. He noticed the number of this car — ‘ H-91 ‘ — and his attention was further attracted by the fact that the car carried no chains. Witness did not notice anyone in this car. Witness and his friend left immediately after this car and there was no other car in front of them. Considering the state of the roads, the car ahead was making fast progress. From Ariah Park to Mirrool by road was about 11 miles. Witness from time to time noticed this car ahead. On one occasion witness stopped to clean the screen. This was at a bend in the road. From the top of a slight rise witness saw this same car, stationary, about a quarter of a mile, ahead. Witness in his car proceeded down the intervening dip. Suddenly a shot was fired, apparently from behind a tree some 40 feet ahead. The windscreen of witness’s car was shattered to fragments and witness felt a terrific blow in the face. His face was freely punctured with pellets, the wounds bleeding freely. Witness’s hat and his collar were also plenteously peppered with pellets.

The hat was produced in court and its condition abundantly verified the story just told by the witness. So did the witness’s coat and macintosh which also were produced. These articles were closely and critically examined by the jury. The macintosh showed punctures through the collar.

The witness said that he felt the blow on the right side of the face. The tree stood on the left side of the main road to Mirrool. The main traffic divided at the tree, part going to the left and part to the right, the roads joining up again later on. Leifermann had a revolver and jumped out of the car, from behind the cover of the car covering the tree from which the shot had been fired. Witness also sheltered behind the car and saw a man running from behind the tree. That man was carrying a shot gun and was dressed in a military tunic, khaki trousers and a cap. The trousers and tunic those worn by this fugitive man. The man clambered on to a fence, giving witness a good view of him. As he mounted the fence the fugitive looked back, giving witness a full view of his profile. Witness had no doubt that that man was the accused Smith, now seated in the dock. The wind-screen of hie car, though it was of substantial plate-glass, was shattered to Fragments.

Witness saw Smith on the fence, but did not see him get over the fence. Witness returned to the car while Leifermann covered the tree with his revolver. Having recovered the bag of money, witness and Leifermann went across country till they struck the railway line, abandoning the car where it was. On the railway line a train picked them up and they returned to Ariah Park where witness made a complaint to Constable Smede. Witness had previously seen the accused Palmer about the works and might have seen the other accused also. On two previous witness had taken the pay out to the works. On the following Wednesday witness was called to pick the accused Smith out of a line of men. At first he made a mistake, indicating the wrong man. But the mistake was promptly rectified.

Augustus Frederick Leifermann, a young man, wearing a returned soldier’s badge, and who had been in the company of the preceding witness during that eventful motor car drive, in the main corroborated the evidence given by Skinner. He added that after the shot had been fired, and be and Skinner had left the car, he heard the distinct click of a gun hammer. He did not see any man running from behind the tree. In Quest of cartridges.

James Nicholson, grocer, at Ariah Park, said that on July 19 the accused Smith called at the general store at which witness was employed and asked for No. 1 Remington cartridges. There were none in stock. When Eley’s black powder cartridges were suggested, smith said that these were no good for duck shooting.

Jessie McEvoy, living with her husband at Mirrool, said the two accused had their meals at her place, but slept at their own camp. She remembered these men being arrested. On the morning before they both came to her place. After breakfast they told her they were going out to Mr. Pearson’s place, some distance out of Mirrool. Smith borrowed her husband’s overcoat and then took a box out of a bag that was hanging in the kitchen. It was a small cardboard box about the size of one she was now shown. The gun she was now shown had been at her place for some time. She had thought it was Stan Palmer’s gun. About a week before their arrest Smith took the gun away from her place.

Smede Finds Tracks.

Constable. G. T. Smede. stationed at Ariah Park, deposed that he had followed boot tracks from the scene of the alleged shooting. The footprints were in his opinion those of a man running.

Alleged Damning Admission.

Constable John Joseph Agnew. of Ardlethan, said that on August 10 he was on escort duty to Goulburn. He saw the accused Palmer on the railway platform there, who told him that he was under committal for trial for what he called ” the Mirrool Hold-up “. Palmer said that when he said in his statement to the police that Smith had not left the car that day, he had said what was incorrect. Smith had left the car and picked it up about a quarter of a mile further on. Witness had not known Palmer before this conversation.

The Defence — A General Denial.

Giving evidence on oath the accused, Palmer, gave a general denial of the allegations against him. There was no gun with them in the car at any time during that drive, and Smith never at any time during the journey left the car. He had not known Skinner prior to those charges. It was true that the car was driven to Moon’s office on their return and then to their camp. It was then that a man named Williams informed them of the sticking-up of Skinner along the Ariah Park-road. Witness remarked, ” I saw no one along the road, and I’ve just come back ‘. Then someone remarked, ” I suppose some of the police will be here soon, asking questions “. He could not say who said that. Just then Constable Smede arrived and inquired for the gun. Witness had obtained the gun from Mrs. McEvoy on the preceding Saturday and had cleaned it and put it away. The gun was got out of the car and handed to Smede. When he left Ariah Park he was under the impression that there would be no pay that day. Neither the boots he was now shown nor the khaki trousers were his. He had not known Leifermann till a few days before the police court hearing. After the police court proceedings witness was taken to Goulburn Gaol where he was for 22 days. The Governor of the Gaol refused him facilities for writing. That was why he was so long in getting bail. Witness denied the conversation in the train as detailed by Constable Agnew. It was Agnew who suggested that witness should amend his statement, saying that Smith had got out of the car. Witness refused to either amend his previous statement or to make another one. He had never been in trouble before and held himself forward as a man of good character. He had been married in June last.

The accused Smith also gave evidence on oath. His story, in the main, coincided with that told by Palmer.

” Guilty “

In his address to the jury, Mr. Moller asked them to find that the direct evidence brought forward by the Crown was not sufficient to justify them in convicting the two accused. Skinner was the only witness who proffered any direct evidence, and, under the circumstances, it was very probable that he was mistaken.

The conclusion of the trial was not reached till late on Tuesday. It was not till 8pm that the jury returned with a verdict. They found the accused both guilty, but strongly recommended them to mercy because of their youth.

On Thursday Mr. Justice Ralston intimated that he would hot pass sentence until tomorrow ( Monday, the 11th inst.).

Roslyn Men at Law.

SEQUEL TO COLLISION.

DAMAGES £125.

MR. BERT STINSON PAYS.

A collision in Sloane-street, Goulburn, involving a motor car driven by Bert Stinson, of Roslyn, and a Sulky, in which was William Taylor, an aged man, also of Roslyn, had a sequel in the Goulburn District Court on Wednesday morning, when Judge Bevan heard a claim by Taylor for £150 damages His Honor awarded £125.

Mr. P. J. Meyer appeared for plaintiff. Stinson did not appear.

Plaintiff said he assisted his son in a dairy business at Gundary, and at 3.30 on the morning of June 26 he was proceeding to Gundary in a sulky via Sloane-street. Witness was driving in a southerly direction, and when about 20 yards from the intersection of Sloane-street and Market-street a motor car came towards the sulky from the latter street.

The car made a bee-line for the sulky, and although witness shouted a warning four times the car came towards him, gaining impetus at every yard. Despite the fact that witness drew his sulky on to the footpath to avoid the car, a collision occurred.

The car hit the sulky with considerable force, overturning it, and also the horse. Witness was pinned beneath the seat of the sulky.

Without alighting, the car driver placed his machine in reverse gear and drove out backwards, dragging with him the horse and wreckage of the sulky.

On becoming freed from the wreckage the car driver kept in reverse until Clifford-street was reached and then turned and made off.

Witness was in the act of crawling from the wreckage when Constable Agnew arrived on the scene and lent his assistance.

Plaintiff said he had been receiving medical attention since the accident, and had not been able to follow his usual employment owing to his injuries. The horse had been stone blind for two weeks following the collision and was still blind in one eye.

The damage done to the sulky and harness amounted to £23. He added that through the efforts of the police he ascertained that the driver of the car was Bert Stinson. He had seen Stinson before issuing the writ for damages and had been prepared to negotiate on reasonable terms. Stinson, however, had offered to defray the costs of the damage to the sulky only.

Constable J. J. Agnew said he was drawn to Sloan Street by the noise of a collision and on arriving on the scene saw Stinson’s car in Sloane street in reverse gear.

On that night Stinson approached witness in the street and admitted he had been involved in the collision.

WOULD SQUARE IT.

Stinson said: “If you let your part of it drop I’lI squaare it up with Taylor. ” Witness, however, reported the matter and proceedings were taken.

Dr. A. P. Gillespie gave evidence of Taylor’s injuries. He said Taylor was 62 years of age and would never be in the same state of health as he had been prior to the collision.

Counsel for plaintiff, in addressing his Honor, said the amount claimed was in no way commensurate with the injuries Taylor had sustained.

In returning a verdict for £125, Judge Bevan declared that no sum would recompense Taylor for the injury to his health.

” I would not undergo an accident like that for £1000,” his Honor added.

—”Herald” Goullburn.

The Bombala Car Fatality

CONCLUSION OF INQUEST.

An Inquest touching the death of Boris Auastanoff, a Greek, 23 years of age, which followed injuries received while riding on a motor car which came into collision with an electric wire police at Bombala on 28th March, was opened by the Coroner of the Cooma District, Mr. H. H. Solomon, at the Bombala Hospital on 29th ult., and adjourned till Saturday last for the production of evidence. The enquiry was held at the Bombala Court House, and was attended by numbers of residents of that centre. The driver of the car, Edward Patrick Elliott, was represented by Mr. F. C. Boys, solicitor of Bombala, and lengthy evidence was given. The decease was one of a party of men engaged on work on the Mt. Darragh road, and who were being conveyed to the Bombala railway station at the time of the accident.

Chris Doney deposed that decease was a native of Kobomnsky, Greece, and was married, his wife and one child living in that county. Witness believed that deceased had some cousins living at Cowra, one being name Bire Peters, a farm labourer.

Mr. Nicholas Condoleon acted as interpretor during the evidence of the first witness, as above, given at the hospital, Saturday’s evidence included the following:

Constable John J. Agnew deposed that about 1.50 p.m.’ on 28th ult. he visited the spot which the collision occurred and saw an electric light pole lying across the bonnet of the car. Deceased’s left leg was almost severed at the knee, the right leg being broken, in two or three places ; there were wounds on the right cheek and left eye. Elliott the driver had a wound on the cheek and jaw. The pole, which was 9 inches in diameter, was broken off. Tracks of the car indicated that it was travelling on the wrong side of the road. The driver was, very much shaken,, his breath smelt strongly of alcohol, he was not under the influence of liquor. Of two other men in the car he noticed one really, drunk and the other stupid. The driver said the tyre blew out and deceased was riding on the foot board and grasped his right arm and pulled the wheel towards the post. The tracks indicated that the car skidded out and did not indicate any sudden turning to the right. The pole was practically new and sound and was broken off about 2 feet from the ground.

Clarence Harold Dunn, labourer, deposed that he, W. Dick, C. Purves, H. and C. Gerathy were on the car. Witness heard an explosion like a blow-out and the car skidded. It was bout 25 miles from Mt. Durragh to Bombala. He did not know deceased was on the foot board. The only thing witness remembered was the tyre blowing out. The car was going about 15 miles an hours ; witness was thrown out and cut on the face.

William Dick, labourer, stated that the driver seemed to be struggling to right the car and the crash came. There was no one in the car the worse for liquor. He did not see deceased till the accident occurred. The car was going at a medium speed, about 20 miles an hour. The driver Elliott was sober.

Leonard E. Elton, farmer, of Bombala, deposed that he was riding along the street and heard a crash and saw the pole falling, and went across and saw a man lying down at the butt of the pole. He went for assistance ; the car did not seem to be travelling very fast. One of the men was under the influence of drink ; Elliott appeared to be sober.

Dr. Jefferies deposed to being called to the scene of the accident. Be saw deceased lying on the floor of the car, he was conscious and was bleeding from a cut on the right side of the mouth ; his left leg was horribly mangled, the knee was laid right open and three inches of the lower end or the hip bone was hanging. The lower leg was badly mutilated and the bone laid bare and projecting through the skin about 6 inches. The right leg was broken above and below the knee. The left leg was amputated as soon as possible. The lower jaw was broken in two places. The man died about 6 o’clock that evening. His idea was that the car must have been driven more than 15 miles an hour. What the deceased said was ” He breaka da legs. ” Witness attended to the injuries of the other men ; only one showed signs of drink. Elliott, the driver, in his opinion, was not under the influence of drink at all. Elliott told witness the deceased jumped on the running beard of the car and said ” I will hang on here Ted, ” and he tried to make the man get off as it was risky. Elliott said he was turning the corner round past the freezing works and one of the front tyres blew out and at the same time deceased grabbed his arm and prevented him from straightening up from the skid following the blow out. That conversation took place at the hospital, the details were given in quite a rational way.

Charles Edward Bruce, farmer, of Bombala, said he was in Maybe Street and saw a car going towards the Council Chambers. Just then another man was coming behind the car and called out and wanted to get in the car. The driver did not hear him and kept on travelling. Witness knew nothing further about the matter.

William Dorl, farmer of Ando, deposed that he saw the car pick up two passengers L. and C. Gerathy, and saw a man sitting on the luggage on the foot board. The car went round Vider’s corner at an ordinary pace. The occupants did not seem in any way drunk in his opinion.

Charles E. Gerathy, labourer, said he was not sober when he got in the car after getting out to go to the railway station. He remembered starting for the train. He just remembered a smash and that was all. He was not drunk at the time of the smash ; he was merry, that was all ; he was about ” half shot. ”

Patrick Edward ELLIOTT, the driver, said deceased was coming from the Imperial Hotel and asked him if he could take him to the train, and he replied ” No. “. Deceased came round and stood on the driving side of the car. When be came to the turn the car swerved to the right and deceased caught hold of witness’s right arm, which interfered with his steering. That was all he could remember till he was being taken to the Hospital. He told Constable Agnew he had a blow out. He had had two lagers, two English stouts and a Sarto that day. He was on the right hand side of the road ; the ruts were a bit bad on the left side. He had 5 passengers and deceased on the outside board ; he was not under the influence of liquor. He was driving 25 miles an hour along the street, and round the bend he eased off to 20 miles, he did not let the wheel go.

Two other witnesses, Aaron Williams, and William Henry Harrison also gave evidence. The former said Elliott was sober, and the latter that the car was not travelling at more than the ordinary pace.

The Coroner returned a verdict that deceased died from injuries through violently striking an electric wire-line post while riding on the board of a motor car.

FIRE AT BOMBALA.

BOMBALA, Monday.

A fire broke out soon after 8 o’clock last night at the residence of Mr. David Payne, when a large weatherboard dining-room, kitchen, laundry, and bathroom were destroyed.

The police, under Constable J. Agnew, contributed in a great measure to saving the greater

portion of the premises. The origin of the fire is unknown, as all the occupiers were at church. The premises were insured for only a small sum.

Constable’s Transfer Bombala, Wednesday. —

First-class Constable J. J. Agnew, who has been stationed at Bombala for more than seven years, has received notice of his transfer and promotion to Sydney.

He is succeeded by First-Class Constable Sturgess, of Harden.

BOOKMAKER AND BUS DRIVER

” I said, What are you going to do about the accident? and he replied, What are you going to do?. So I reported it to the police. ”

The speaker was registered bookmaker Selwyn Allan McFAWN, of 72 Market St, Wollongong, and he was telling the Wollongong Court on Tuesday the story of a collision between his car and a bus in Church Street on 5th October.

Allan Claude McDONAGH, of 39 Wallace Road, Fern Hill, had been charged with negligent driving, but he did not come to court.

McFawn said he was driving his car up Church Street when a double-decker bus approached in the opposite direction. It came from behind a car and across the road at him. Witness’ car was struck on the mudguard, the impact being about five feet from the centre line on the bus’ incorrect side of the road.

He approached the driver of the bus and the above related dialogue ensued.

Constable J. Agnew said that McDonagh told him he had swung a bit wide to avoid two parked cars, and he thought one was about to pull out from the kerb. He saw McFawn‘s car swing to the left, but he ( McDonagh ) struck it before he had a chance.

The fine was £9/8/- with 12/ – costs.

MAN ON CHARGE OF MURDER GETS BAIL

Mr. Acting Justice Myers, in the Supreme Court yesterday, granted bail in £1,000 to Arthur Thomas, who was arrested on Saturday and charged with murdering Thomas Alfred Barber, a former champion boxer, and maliciously wounding Harry Thomas at Kimberley Avenue, Lane Cove.

Mr. J. E. Cassidy, Q.C., for the accused, said that Thomas had been refused bail at Central Court of Petty Sessions and remanded to August 5.

The accused, he said, was 68 and was not in good health. He was prepared to undertake not to return to his home if granted bail. His brother, Harry Thomas, of Harbord, a man of good character and substance, was prepared to give him accommodation pending the coroner’s inquiry, and would keep him under supervision.

Barber was killed, Mr. Cassidy said, during an altercation between the two sons of the accused when the accused intervened.

Mr. Cassidy said that there had been a dispute over a partnership and a lorry.

POLICE AFFIDAVIT

Sergeant John Joseph Agnew, in an affidavit, said he knew the accused and arrested him on July 11. Harry Thomas also lived in Kimberley Avenue, Lane Cove.

Thomas was known to him as a man of violent temper which was particularly directed against his son, Harry Thomas.

When he told Thomas that Barber was dead, the accused said, “I hope the other big cur dies too.”

Sergeant Agnew said that he feared that if Thomas was allowed bail he would attempt to interfere with Crown witnesses.

Mr. Acting Justice Myers allowed bail on the murder charge and released Thomas in his own recognisance on the charge of malicious wounding.

He also ordered Thomas to report twice daily to Manly police.

Mr. J. E. Cassidy, Q.C. ( by Mr. F. R. Anderson ) for applicant; Mr. D. J. Vine Hall for the Crown.

https://trove.nla.gov.au/newspaper/article/18388364

Four police promotions

The Premier (Mr. Cahill ) announced yesterday that the Governor-in-Council had approved of four police promotions.

Inspectors Third Class James MacKay and William Leslie Jefferson would be promoted to Inspectors Second Class, he said. Sergeants First – Class Joseph Wardley and John Joseph Agnew would be Inspectors Third Class.