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The Sydney Gazette and New South Wales Advertiser (NSW : 1803-1842) (about)
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Cite: http://nla.gov.au/nla.news-article2554554
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Berrima Assizes.
MONDAY-(Fifth-Day.) (Before Mr. Justice Burton.)
James Jackson, late of Queenbeyan, labourer,
was indicted for the wilful murder of Michael Moran, at Maneroo, on the 10th day of Oct-
ober, 1840, by striking him on the head with a blunt instrument, and a second count charged the prisoner with casting and throwing him upon the ground.
The jury, after a quarter of an hour's consi- deration, found the prisoner guilty of manslaugh-
ter, and recommended him to mercy. After the verdict was delivered the Judge ordered the depositions of the surgeon, Mr. Parry Cullen,
to be read, (he not being in attendance), and said it was fortunute for the prisoner that the surgeon was not in attendance, as the case would have assumed a very different aspect, and sentenced the prisoner to three years hard labor in Sydney Gaol. The recognizances of the
surgeon were estreated.
John McGlyn was indicted for stabbing a mare, the property of Mr. Edward Chalker, at Mittagong, on the 31st of May, 1841. The case totally failed on the part of the Crown, and
a boy about 10 or 11 years of age, was strictly
examined by the Judge, and whilst he was being
sworn he cried, and after being sworn, said that he did not know anything about it, and that Edward Chalker had proposed to allow him to
side with him, and would give him a cow and
calf.
The Judge directed the Jurors to find a ver- dict of not guity, and remanded the prisoner.
The boy Joseph Levy, was afterwards in-
dicted for perjury, and remanded till to-mor-
row.
The prisoner John M'Glyn was brought up
and discharged.
John Mullon was indicted for killing a cow, the property of John Atkinson, with intent to steal the carcase, on the 24th of June last, at
Berrima. The jury retired, and were confined for about three hours, and found a verdict of
not guilty.
John Smith was indicted for stealing a horse, the property of Benjamin Carter, of Melangla. The prisoner pleaded guilty. A second indict- ment charged him with shooting at Joseph
Hewitt, with intent to kill and murder, to which he pleaded guilty, and was sentenced for the last offence to be transported for life.
Joseph Green and James Moor were indicted for stealing in a dwelling-house, at Ralph and Beard's station, at Ironmonger Creek, on the 29th of April last. One witness was called who proved the rob-
bery, and two witnesses were called for the de-
fence who proved an alibi.
The jury were locked up at five o'clock, and
have not yet (nine o'clock) returned a verdict.
CIVIL SIDE.
Before Mr. Justice Burton, and G. M. C.
Bowen and A.R. McDonald Assessors.
GROVENOR v. BUTTREY. This was an action of assumpsit brought to
recover two tons of hay sold by the defendant to
the plaintiff.
Joseph North was called and proved the agreement between the plaintiff and defendant. James Grovenor proved the service of a de- mand for the whole of the hay, and that some
hay had been delivered. The Attorney-General (for the defendant) applied for a non-suit, on the ground that the
plaintiff demanded more than he was entitled to and therefore, the defendant was not bound to
deliver any of the hay.
The Court over ruled the objection.
The defendant then proved he hand-writing of the plaintiff, acknowledging the delivery of all the hay but 620 lbs., for which deficiency the defendant paid £6 into Court.
The Judge directed the assessors to find a verdict for the defendant. Counsel for the plaintiff, Mr. Hustler; for the defendant, the Attorney General, Solicitors, Goddard, for plaintiff, and Nichols, for the defendant.
SEPTEMBER 21.
Before Judge Burton.
William Sayward, late of Parramatta, was indicted for stealing a cow, the property of Patrick Gowley, at Goulburn, on the 17th November, 1839. The Jury returned a verdict of not guilty.
There was a second indictment against the prisoner, charging him with horse stealing, but a material witness on the part of the Crown being absent, he was remanded till next Circuit Court, the prisoner not being able to find bail.
Joseph Levy was indicted for wilful and corrupt perjury, before His Honor Mr. Justice Burton, on the 20th Sept. inst at the present Berrima Circuit Court, in swearing at the Police Office that he saw John McGlyn, stick a mare on the rump, and when he appeared
before the Court he swore that he never saw it
done; that he had been put up to it by Chalker.
Edward Chalker examined - I was witness against a man named McGlyn; I heard prisoner examined ; I saw him sworn, and heard him say that I had promised to allow him to ride with me through the country, and give him a cow and calf; I swear I never said anything about it, nor ever promised him a cow and a calf; prisoner told me he saw McGlyn strike a mare with a pitchfork on the rump.
By Prisoner-I never said that I would run him through with a pitchfork if he did not tell
me who did it.
George Meares Countess Bowen- I am Police Magistrate at Berrima; I took these depositions from prisoner; he appeared to understand the nature of an oath. (Depositions
read.)
The prisoner was found Guilty, the Jury never having left the box.
The Judge then lectured him strictly, and said that he would transport him to Van Die-
man's Land, and should take care that he was put into a penitentiary.
J. Moore and Green were brought up, and the Judge said that he would not pass sentence upon them, and would recommend them to the Governor for a pardon.
William Shippley and Samuel Bradley were brought up, and were both sentenced to be transported for ten years to Van Diemen's Land.
James Google and John Gougle were both sentenced to be transported for ten years to Van
Diemen's Land.
This closed the sessions at Berrima.
Ogle-eyed Jemmy was brought up and dis charged, having been ten months in gaol, and ordered to be sent near to his own district. There was an amusing scene between the prisoner and Mr. Chalker, who undertook to
take him into his service.