The North Eastern Ensign at KellyGang 23/12/1873
WANGARATTA POLICE COURT.
Thursday, December 18;
(Before the Mayor and Dr Miller)
Cattle Stealing
Thomas Mason, a lad of about 17 years of age, was charged with stealing cattle from his father (Robert Mason), a squatter at Fifteen-mile Creek. Mr O'Leary for defendant.
Robert Mason, squatter at Fifteen mile Creek near Benalla, stated that in September last he lost about 20 head of cattle; they were branded DR conjoined on the ribs and rump; there were three working bullocks amongst them, and a cow and calf; after the loss, from what he heard, he proceeded to Wahgunyah about the 15th October, and saw the three working bullocks at Corowa, at a Mr Cooper's place; the signature to the information is his. By Mr O'Leary: The information was written by Mr Flood the constable at Greta, and I signed it.
Senior-constable Gribbon stated that he had seen some three working bullocks outside the court, and he recovered them on the 17th October.
Senior-constable Vizard deposed that he took charge of three working bullocks by virtue of a warrant, which was in the hands of the police; took possession of them on 3rd November.
Mr O'Leary asked for the production of the warrant.
The police said they had not got it.
Alexander Stewart, a butcher at Wahgunyah, said that the receipt produced was in his hand-writing; on the day ho wrote the receipt. he bought three bullocks; from prisoner, paid £5 a head for them; the prisoner asked him for a £1 to release them out of the Rutherglen pound; it was either he or Stephen Dwyer asked him for a £1; gave them an order to the poundkeeper to give the cattle up; gave the order to Stephen Dwyer; the prisoner came to me when I was in a paddock, and asked me if I would purchase three bullocks; said he did not want them, but ultimately purchased the three of them for £18; sold the cattle afterwards to a man of the name of Martin, at Corowa.
Constable Morrisey, stationed at Shepherd's Town, near Adelong, NSW, said he arrested the prisoner at Hillis Creek, Tarcutta; asked him if his name was Thomas Mason, and he said it was; told him he had a warrant for his apprehension; said to him the warrant was from his father; he said, "If I knew he would have taken out a warrant, he would not have got me so easily;" cautioned him before he said this.
Mr O'Leary said the prisoner was not arrested on warrant; he had not seen it; and he was illegally in custody; he applied for a remand till Monday, as the police magistrate would then be present; the prisoner was arrested on simply a telegram; the constable was guilty of an illegal act.
The prisoner was committed for trial, after some discussion.
In the afternoon a second charge of a similar nature against the prisoner was heard, and on this also he was committed for trial.
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