The North Eastern Ensign at KellyGang 11/9/1874
BENALLA POLICE COURT
The following case of stealing a cow and calf, which was heard at the court on Monday last, having created some little amount of interest as to who is really the legal owner of the cow, we publish the evidence in full.
The original owner of the animal, Mr. James Dunlop, of Baddaginnie, was summoned to the court on August 24 last for illegally detaining her by the present possessor Miss Cherry, and an order was made by the Bench that the animals should be given up to her by Dunlop, to whom the cow had been returned as his own property by the prisoner Lewis, and, the calf also sold to him, after having been previously sold to Cherry. The actual or rightful ownership of the property seems still to be a legal mystery:
Thomas Lewis was brought up in custody; charged with stealing a cow and calf no or about the 12th March last, the property of Margaret Jane Cherry. Mr M'Donnell appeared on behalf of the accused, and Sergeant Whelan conducted the prosecution.
George Gawley Cherry deposed ,that on, the 2nd of October last the prisoner came to his place with a cow and calf which he offered for sale; witness-bought them for £5 for his daughter, and took possession; the cow was branded on the off rump JD and on the near rump TIS; at the time of writing the receipt called the .milking side the near side-that is, the right-hand side -or what is called the off side of a horse; Thomas Skelton and my daughter were present at the time of purchase my daughter laid the money in front of me on the table, and I handed it over to Lewis; prisoner gave me a receipt for the money; I wrote it out and Thomas Skelton witnessed it; the calf was of a reddish roan color, and branded TLS on left rump; after a fortnight the animals were turned out on the common with other cattle; they usually ran near Lewis’s place and Jordan's; the same cow and calf are now in the police yard; about June last asked prisoner for another receipt, as the first given was much worn in my pocket, and he had gone insolvent since giving it; he signed the second receipt, being witnessed by George Vincent; about March I missed the cow; and in company, with Constable M'Enerny found her in Dunlop's paddock with his cattle on about the 2lth August; I drove the cow and calf on to the road; the value of' them is £8.
Cross-examined: Did not owe Lewis any. money in June for work or wages; I paid him 10s for a grindstone; the JD brand is Dunlop's; Dunlop told me the cow was his once; I did not offer Dunldp £3 for the cow since October last; missed her from the common in March; do not know if Lewis had possession of the cow since October last, as I was not in Benalla.
Margaret Jane Cherry corroborated the previous witness’s evidence.
Thomas Skelton deposed to witnessing the receipt produced, after seeing the prisoner sign it and take the money; the same cow is now in the police yard. Cross-examined: The cow I saw this morning in the police yard :is like the one I saw Cherry buy from Lewis, and I believe it to be the same.
George Vincent, farmer, deposed to witnessing the second receipt after seeing the prisoner sign it;. the receipt was read over to Lewis at the time, and he said it was correct; he appeared sober at the time, and went away in a buggy.
James Dunlop deposed that he was a farmer, living at Baddaginnie; about three years ago I sold the prisoner a red cow branded JD off, rump; sold the cow conditionally that it should be returned if not paid for; £4 was the price; Lewis paid part of the money -30s- .at the time, but took the cash up again and said he would pay it all at once when he could afford it; about five months ago prisoner came to me and said he would return the cow because he saw no chance of ever paying for her; I told him I should not push him for the money, and he could keep her until he was able to pay, as she was always worth the money; he said he would rather return her, and hearing about of money he might sell her; I then said you had better bring her, and if the calf was worth the money, I would give. £3 for it; he brought them on the following day and I paid him the £3 for the calf; I considered the cow my own the receipt produced was written out on the day the bargain was entered into; the cow and calf in the police yard are the same Lewis brought to me.- Cross examined. - sold the cow in the first instance without giving any receipt; it was a verbal condition that she should be returned to me if not paid for, and I have always considered her as my property; Lewis was to have her properly for himself.
John Dunlop, son of last witness, deposed to writing tire receipt produced, and saw prisoner sign it on the 12th March; the cow and calf were brought on the following day; the same are now in the police yard.
Michael M'Enerny, mounted constable at Benalla, stated that on the 20th August last he took possession of a cow and calf, now in the police yard; Cherry picked the them out of a mob of cattle near Dunlop's place; before Cherry found them I heard Dunlop tell him they were out in the bush, but if paid he would go and find a them; Cherry had an order from the local bench to take I the cattle.
This closed the case for the prosecution, and Mr M'Donnell reserved the defence.
The Bench then committed the prisoner to take his trial at the next Beechworth Circuit Court to be held on 13th.October. Bail was allowed, himself in £200, and two sureties of £100 each.
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