The North Eastern Ensign at KellyGang 22/11/1872
BENALLA POLICE COURT
Tuesday, November 18. (Before W Butler, PM., and Mr Robertson, - J.P.)
Ellen Kelly and Jane Graham were charged with receiving a saddle into their possession knowing it to have been stolen.
Mr Pow defended the prisoners.
The following evidence was called: - George Thornton deposed. My right name is George Withey Reid. I am generally known as George Thornton. Am a labourer living in Benalla. Remember last Winton races on 18th March, 1872. Was at the races on that day. 1 was on horseback. Put my horse up at Winton in Mr Blackburne's. Shortly after sundown on the 18th of March I saw my saddle on my horse's back. About 10 minutes afterwards I missed the saddle. During the interval I was in Mr Blackburne's. I was sober .Was playing the tambourine at the time, I could find no trace of the saddle at that time. There were several persons in Mr Blackburne's house on the 18th of March. Went with Constable Flood to Mrs Kelly's house some time in this month when the prisoners were arrested. My saddle was found in the house. (she prosecutor here stated the marks by which he identified the saddle.) Never sold my saddle, nor gave it away, nor authorised any one to take it. The value of the saddle was about £4.
Cross-examined Mr Pow- Was quite sober on the 18th March. Did not see the prisoners that day at the races. I identify the saddle by certain marks. Missed the saddle shortly after sundown.
Constable Flood deposed- I am stationed at Greta. Remember the 5th of this month. On that day I went in company with the prosecutor to Mrs Kelly's house to execute a search warrant. The two prisoners were there. Told Mrs Kelly I had a search warrant for a saddle stolen at the Winton races. She said she knew nothing about it. Her son said it was the saddle Lake left there. I found the saddle, when Jane Graham said it was her saddle; and she got it from Lake about the time of the Winton races. I then arrested the prisoner. Saw Mrs Kelly's son at the races, who was riding bare backed.
Mr Butler said there was no evidence to show that the saddle had been received by the prisoners knowing it to be stolen. This must be shown, and whatever the characters of the accused may be that did not alter the case.
Sergeant Whelan- But the stolen property is found in the house of the prisoners and not accounted for.
Mr Butler- We are not in France where prisoners are interrogated. That is not the custom in this colony.
Sergeant Whelan- The prisoners do not account for the stolen property.
Mr Butler (to the prisoners)- You are discharged. There is no case against you.
WANGARATTA POLICE COURT
Monday, November 18 (before W. Butler, .eq., PM and the. Mayor.)
Ellen Kelly was charged with being drunk and disorderly, and also using obscene language, and assaulting Mrs Clancy of the Star Hotel. Sentenced to 48 hours imprisonment.
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