The North Eastern Ensign at KellyGang 17/1/1873
WANGARATTA POLICE COURT
Monday, 13th January 2. (Before JH Alley PM.)
John Lloyd was charged with killing a horse,
Mr Norton appeared for the defence.
The case was brought under the 109th section of the Criminal Law and Practice Statute.
William Barnett deposed-I am a farmer, residing at Greta.- I remember Saturday, the 21st of list December. I had a gray, horse on that date in Mr O'Brien's paddock adjoining mine. The paddock was securely fenced, I remember the morning of Sunday, the 22nd. Saw my horse at O'Brien's stable door. He was dead. He was all over blood, apparently cut with a tomahawk in eight or nine places on the legs, on the forehead, on the rump, and ribs. A piece of green hide was on the horse's head. Did not place anything of this kind on the horse's head. Gave the green hide to Constable Flood. Saw the green hide produced or some similar in the possession of John Lloyd. On the l8th of December there were some horses of Lloyd's in my paddock. Was going to take them to the pound, but he rescued them. Told him that if I had my horse he would not be able to rescue the horses. He said "I should not have my horse long," Took out a summons for rescuing cattle on the following Monday. The gray horse was the only horse I had. When I found the horse dead I traced tracks of blood, from .O'Brien's stable back to Lloyd's house by the marks of the horse's shoe's. Knew that they were the tracks of my horse. The horse was shod on both fore feet; on one foot there was a plain shoe, on the other a cock shoe, which, was used for a bumble foot. The hair produced is similar to the hair of my horse.
Cross examined by Mr Norton I have seen the rope I believe in Lloyd's possession. Traced the tracks of my horse to, within four or fire yards from Lloyd's. Saw him late on Saturday night. Lloyd's property does not join mine. Believe he has a paddock about a mile and a half away. Agree with Lloyd there might have been many persons at Lloyd's house on Saturday night. No other person threatened me.
Constable Flood, on oath, stated - I remember Sunday, the 23rd December. Saw O'Brien, who spoke to me about a gray horse which was lying in his yard. Recognised the horse as one belonging to a farmer named Barnett. The horse was chopped about the head and neck, apparently with some heavy sharp instrument. The wounds in my opinion are sufficient to cause death. Searched and found tracks and blood marks from where the horse lay to before the door of defendant's house. The horse had a bumble foot, and one shoe could be easily traced. I found at Lloyd's house two pools of blood outside the door. Asked what were the blood marks, and was told by the defendant that it was brines marks. Afterwards asked to see the brine cask. He refused and said he would not unless I had a warrant. Took the defendant to see the tracks, and he said they were blood marks. The defendant, when I saw him, had blood marks on his trousers and shirt. He said he had cut his finger the day before with a reaping hook, and that accounted for the blood marks on his shin and trousers. Took the reaping hook, trouser, and shirt from him. Showed him the green hide rope (produced), and asked him if it was his. He said, 'No, it was not his.’ Asked him if he ever owned one similar to it. He said he never did. The rope had the appearance of being freshly cut. Had served the defendant with a summons at the instance of Barnett, and the case was to have been heard on the 23rd of December.
Lawrence O'Brien deposed-I am a hotel keeper residing at Greta. Remember Sunday, the 22nd December last. Found a gray horse dead near my stable. Saw a piece of green hide rope similar to the one produced taken off the of horse's neck.
The prisoner reserved his defence.
The Bench committed the prisoner to take his trial at the next General Sessions to be held at Beechworth on the 3rd day of February.
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