1826, July 18.
Thomas Potter, assigned servant to John Hopkins, Wilberforce, was brought before the Bench, and although the complainant did complain most sorely, in divers matters of grievance, nevertheless he would rather evince a show of the milk of human kindness, under the terms of 'mighty good fellow,' than institute proper charges by rigid observance of truth. It too frequently occurs, that feeble settlers dislike the private scurrility cast upon them by their servants, or their neighbours' man, in a greater degree than the men dreaded punishment from such names. The man was brought before the Court. "Why do you turn this man in?" "Why, your worships, I've tried him so often, it's of no use, I can do no good with him." And with this narration, the master would evidently have rested his complaint; but the man replied - "Why, gentlemen, my master will never give me a satisfactory answer when I speak to him." Master "Your worships, yesterday the prisoner left the farm contrary to orders expressly given." Servant "Yes gentlemen, and I asked him first, and he would not let me go; but I was not away all day." The irreverent manner in which the prisoner comported himself before the Bench, afforded a close conjecture of what conduct a poor settler might expect at his fire-side from such a quarter. The prisoner was duly arraigned, the master sworn, the charge taken, the prisoner's plea recorded, and sentence passed; 25 lathes.
Tristram Moore, free, answered to a summons, setting forth a complaint that a driver of his cart had kept at too great a distance behind the same, and thereby impeded a traveller in a gig, which could not pass without great difficulty, and thereby endangering the life of his Majesty's liege subjects; fined 5s.
Mr. C. Tompson, Clydesdale, complained of serjeant James Pickles, of the Royal Staff Corps, in his capacity of overseer of a Road Party near to Mr. Tompson's estate; complainant set forth, in his affidavit, that the gang had carried away vegetable mould from his estate and applied it for the purpose of road making, to his great damage, and in defiance of every remonstrance he could urge. In cases of trespass, parties on either side the question are too apt to use expressions, which probably in deliberate moments, they would dislike to own. Something was said about martial law, or words similar, having been used; the serjeant replied, "Not until," &c. Mr. Tompson expressed a willingness that gravel pits should be opened for the public service, but added, it was truly grievous to him to behold the men carrying away the vegetable soil. The Bench addressed the searjeant, and recommended to the parties such measures at appeared just and expedient, but declined any decision, on the case.
James Donnelly, Richmond, farmer, and an unlicensed publican, appeared before the Bench to answer a complaint contained in, and upon a certain paper citing him to appear, and addressed, "To Mr. George Jilks, chief constable, Windsor, and to all concerned." The testimony of 5 disinterested persons was taken; none of these persons could anticipate a participation in the penalty, if found guilty. They were persons who had casually dropt in at this 'sheabene house,' to spend a little time on the Sabbath-day; there seemed not to be a customary alliance in this case, nor yet an understanding of reliance upon each other; each told the unvarnished truth. The defendant pleaded that he thought this information had been instigated by one old Timmins, as he called him, a person, forsooth, who is under bail to appear next Quarter Session, for an assault committed on the person of defendant's wife, with intent, &c. This plea, bore no affinity to the evidence preferred in support of the charge; Timmins' name had not even a shadow in the proceedings. Fined £25 sterling, and costs. Some say the defendant has an objection to pay dollars at 4s. 4d. but it is thought, by discriminating men, that there is a very powerful incentive operating against the fortitude in support of custom, viz. that every married man would be more happy sure of his own little farm, snug in his own little house, lord of his own fire-side, and in his own bed these cold nights, than if he were in gaol.
Martin Kinshela, prisoner of the crown for 7 years, charged on suspicion of having made away with a piece of cloth intended for shirting; the prisoner's defence, before the Court, was satisfactory to his master, whose property the cloth was, and his master also gave the prisoner a good character; discharged.
Willaim Pizzy, prisoner for life, as he said, charged with having stolen a pelisse; witnesses had been examined on a former day, attaching strong suspicion to the prisoner. The prisoner had made a voluntary confession, and also restored the property. Mrs. M'Cann was asked if she could speak to its identity, an officer of police holding up a silk velvet pelisse in its latter days; " O yes, this, it mine, it was my sister's." The energy with which she expressed her sentiments, and the vivacity of her countenance, bespoke the fond remembrance of a friend far away.
Judgment in the above case, was deferred in order to enable the Court to ascertain officially the term, of the original sentence of the prisoner, so that punishment may be meeted judiciously.
Source: Police Reports (1826, July 29). The Sydney Gazette and New South Wales Advertiser (NSW : 1803 - 1842), p. 3.
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