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The Ovens and Murray Advertiser 20/2/1879 (2)

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BEECHWORTH POLICE COURT

Tuesday February 18 th

(Before Mr A Wyatt PM)

THE ALLEGED KELLY SYMPATHISERS

Thomas Lloyd was charged with giving information to Edwards Kelly, a proclaimed outlaw, and his associates, tending to further the commission by them of further crime.

Mr Superintendent Furnell asked for a remand, on the same grounds as those previously advanced.

Mr Bowman, who appeared for accused, objected.

The Police Magistrate, after again complaining that he had been misrepresented, said that anything he had alluded to with reference to conversations with Mr Foster had been of an official, and not of a private character. Two reasons had been advanced by the police why a remand should be granted. First, because it would imperil the safety of witnesses, were they to be brought forward to give evidence; and secondly, because the police witnesses were unavoidably absent on duty. The first of these was a doubtful ground; and if it were good, these remands might go on for an indefinite period, as the same reason might be advanced week after week. The second was different each time.

He knew that some of the men who, it was stated, could not give evidence had been at home frequently since the first remand, and could have easily been brought forward to give evidence. In his own mind he had formed a plan of action, and if he had to sit on the Bench, he would soon get tired of these constant applications. It was duty to protect the prisoners, as well as to look after the security of the public. He had intended to make the remands for a short period, but Mr Zincke had intimated to him he required a remand for a week, in order to enable him to make his application for a habeas to the Supreme Court; and he (the speaker) wished to trammel the hands of Mr Foster as little as possible.

On three grounds he thought it necessary to state his views. First, because of Mr Zincke’s application. Second, because Mr Furnell was the third Superintendant of Police, who had been sent up to conduct the cases, and therefore was not thoroughly acquainted with the former proceedings; and third, because as he had stated he knew police witnesses had been available since the time of the first remand. The cardinal point was that the prisoners had a right to review his action. He would not grant a remand, on the grounds of the alleged public panic. The time was approaching when the police must do something; not necessarily to bring the cases to an issue, but to bring forward evidence of some sort.

Mr Superintendent Furnell would convey the police magistrate’s remarks to his chief.

Mr Wyatt said that Zincke had spoken about the need of separating the chaff from the wheat in these cases. He had himself taken steps, and he knew the Crown had also taken steps in this matter, but he was not at liberty to state what these were. He would remand prisoner until Tuesday next.

John McElroy was then charged, and as before, a remand was asked for.

Mr Zincke, for accused, said there had been already sufficient declamation and argument. The police said that one portion of the colony was disaddected, and in others there existed a scare. If so, it was time the Attorney-General took the cases in hand. Three different police superintendents had been sent, one of whom had broken his word, and now the public condemned the whole proceedings as an eternal blot on the administration of justice in Victoria . If this was Constitutional Government, he would prefer to live under a rule of tyranny, as he could get at the tyrant, but not at the Constitution. Mr Foster had first remanded the men on the 11th January, and from what fell from him then, he had evidently expected that afterwards some evidence would have been brought forward, but there had been no sign of any evidence, and it was not English law to go as had been done. Accused was remanded until Tuesday.

The remaining twelve men were then brought up, and similarly remanded, Mr Wyatt informing them that they were remanded until Tuesday, at the request of their counsel.

Isaiah Wright when remanded, said – “I hope this will be the last. You can’t get Kelly evidence against me, unless you buy it.”

Chiltern Races

The annual meeting of the Chiltern Race Club is announced to come off to morrow (Friday), when an excellent programme will be presented, and it is expected good sport will be shown. The programme includes five events, the added money amounting to £110, and large entries are expected. For the principal event, the Chiltern Handicap of 50 sovs, 1 mile and a half, there are five acceptances. Feathertop, Robin Hood, Terror, Bonie Rose, an Wait-a-while. Mr Kett’s grey should win. The booths for the meeting, have been purchased by Mr C Schwenzel of Rutherglen for £15.

Yackandandah Land Board

Tuesday, February 18

(Before Mr Bedford, of the Land Office, and Mr E Morres, District Surveyor)

J G Bartel, 91a 2r 9p, Baranduda; recommended subject to residential clause.

M Hession, 75a 2r 30p, Gundowring. Applicant said he had applied for 100a; recommended

M Burke and H Simmonds, 100a, Kergunyah (same piece) Simmonds had pegged before the land was available; recommended to Michael Burke.

Agnes Ivers, 75a 0r 36p and 105a 0r 12p Kergunyah. Applicant desired an alteration on the survey; recommended as it is

J M McAuliffe 119a 3r 39p Kergunyah; recommended.

A W Seymour 25a Kergunyah Aplicant was aware of the directions of the road, and that the ground was frequently under water. Mr D Wallace, Kergunyah, objected to this piece as being frontage, and being the owner of the adjoining land would have to fence off a quantity of land; recommended, subject to exercise of 1 ½ chain frontage. Also 91a 1r 1p Kergunyah; recommended

Thomas Cooper 30a Kergunyah. The area was not so large as imagined. Recommended that the land be valued under the 40th section, and the further be allowed to purchase.

James Trebilcock 97a 3r 16p, Mullindolingong; no appearance

P Murphy 43a 2r 2p Murramurrangbong recommended

Robert Yea 90a Murramurrangbong, Phillip Connell objected. If this were granted his cattle could not get down to water. Recommended, subject to the excision of a road.

Thomas Gemble 61a Tangambalanga recommended

John Harris 12a 3r 30o Tangambalanga recommended

Robert Jamieson 63a 1r 34p Tangambalanga recommended

R Gill 75a 3r 37p Tangambalanga recommended

R Gill and W H Stuckey 25a Tangambalanga. Mr H London, Shire engineer, applied that a drain cut by the Council should be preserved, or another one cut.

W H Stuckey, one single holding 100a……

Our Home Letter

The chief event of the month has been the failure of the harvest; and byond this and the reappearance of the notorious Kelly gang, little has happened to stir the public pulse and create any great excitement. In political circles, ever since the departure of the Embassy, matters have been remarkably quiet; and Ministers have been principally engaged in departmental work. There has been but little stumping, though the Major and Mr Lalor did speak at a public meeting at Gordon; and Messrs Patterson and John Woods went to help the ministerial nominee for West Bourke……(continued)

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