The Argus at KellyGang 23/2/1881

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Constable Patrick Walsh was charged be fore the local bench to day with burglary

Superintendent Sadleir conducted the prosecution, and Sub inspector Baber was also present. Edwin Lawrence, barman, proved being in charge of a quantity of liquor belonging to Mrs Cotterell, of the Royal Hotel, which had been temporarily stored since the races in a room belonging to the hotel known as the big room. He shut all the windows on Friday night and fastened them, except one near the gate, the fastening of which was missing. He also closed the outside Venetian shutters. The street door was locked, and he locked one of the other doors.

Ellen Cotterell, landlady of the hotel, deposed that after Constable Walsh and the others left she and the barmaid looked into the large room with a candle, and all was then right. She then went to her own bed-room, which was lightly partitioned off the large room, and soon after getting into bed heard someone get in at one of the side windows and strike a match. She then heard the person moving about quietly, bottles clinking, and then another match struck. She then got up, went out in her nightdress, and called an oysterman, named M'Kenzie, living next door. M'Kenzie went round and she went into her own room, and as McKenzie was passing her window he said, "Here he is, putting bottles out of the window." She then looked out (it was a bright moonlight night), and she saw the accused jump out of the window and take hold of M'Kenzie, saying, "You are the man, I have been watching   you these two hours." She then called up   some of her lodgers and went out and pro- tested against Walsh taking M'Kenzie to the lockup, saying that he (Walsh) was himself the thief. They all went to Sergeant Steel, and he came down to the place. Robert M'Kenzie, an oysterman, deposed that he had opened some oysters for the persons abovenamed after 12 o'clock, and then, after cleaning some oysters, went to bed. He was shortly afterwards called up by Mrs Cotterell, and went round the house, when he saw some one deposit two bottles on the ground. He saw the sleeves of a policeman's uniform, and on one of them "stripes" such as were usually worn by Constable Walsh and other constables. He then ran on to the gate and threw it open so as to see both ways, and on going back to the window Constable Walsh jumped out and said," You are the man, 1 have been watching for you," and held him very roughly until Mrs Cotterell interfered.

This witness, on cross-examination, admitted that he had done a sentence of three mouths in New South Wales, but was not shaken in his evidence. Sergeant Steel deposed that on hearing Mrs. Cotterell's statement as to her having called M'Kenzie out of bed, he told Walsh that he (Steel) would have nothing to do with having M'Kenzie looked up. He was not locked up. Witness further stated that Mrs Cotterell had at first said that she had herself seen Walsh put the bottles through the window, but had subsequently stated that she had only heard M'Kenzie call out so. Mrs. Wm. Wilson proved having seen a man running away from the gate during the altercation. The other evidence was not of much importance. The accused was committed to take his trial at the sessions on the 11th March next, bail being allowed in two sureties of £60 and his own of £100.

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