The North Eastern Ensign at KellyGang 4/3/1873
WANGARATTA POLICE COURT
Saturday 1st March
(Before the Police magistrate and Dr Hallett JP)
James Kelly and Thomas Williams were charged with cattle stealing.
Mr Inspector Smith prosecuted on behalf of the Crown.
George Chandler deposed- I am a farmer residing at Winton. Remember the 10th of February. From information received I went to the police paddock at Wangaratta and saw cattle belonging to me, two heifers branded CC near shoulder and C near neck. I never sold them or authorised any one to sell them. Value them at £2 a piece. Know the prisoner. Kelly who lives about 4 miles from my place. Kelly knew his brands. Have seen the other prisoner once before. Missed the cattle about the 13th or 14th of February. They were running in the bush. Have just now seen the same cattle out side the court. They are about 18 months old.
Eliza Bowdren deposed- I am the wife of John Bowdren residing at the Seven Mile Creek. Remember the 17th of February. Saw the prisoners on that day. They were driving cattle. Spoke to them. Bought two yearling heifers and a cow. Paid James Kelly £3 10s. The prisoner Williams said he owned some of them. Got a receipt.
John Bowdren deposed – I am a farmer residing at Seven Mile Creek and husband of the last Witness. Remember the 17th of February. My wife gave me a receipt produced marked B. Handed that receipt to Constable Flood. Gave information to the police about purchasing cattle.
Denis Bowdren stated- Am the son of John Bowdren. I was present when my mother bought some cattle from the prisoner on the17th of February, Prisoner Williams wrote the receipt produced and gave it my mother.
Constable Cudden deposed- On Tuesday the the 19th of February last from information received I arrested the prisoners now before the Court at the Post Office Hotel, Wangaratta on a charge of cattle stealing. The prisoners who reserved their defence were committed for trial.
There was another charge against them for cattle stealing.
Andrew Curry deposed- Am a farmer residing at Winton. On last Wednesday week the 19th February l went to the police paddock, Wangaratta. Saw a heifer there of mine branded when I lost it, A off rump, When I saw it in the police paddock it was branded JB on the near rump. Saw the heifer for the last time in the bush about three miles from my place about six weeks ago. I value it at £4 10s. Know the prisoner Kelly. Never sold it or authorised its sale.
Elizi Bowdren stated- I reside on the Seven Mile Creek. Remember the 17th of February. Saw the two prisoners at my place. Purchased from them a heifer branded A for the sum of £2. Williams wrote the receipt, and gave the receipt to my, husband.
Dennis Bowdren stated- I was present when the prisoners sold the heifer to my mother. Saw the receipt produced given by Williams to my mother and handed over to my father.
John Bowdren swore to the receipt being handed by his wife to him. The prisoners who reserved their defence were committed for trial in this case.
A third case for cattle stealing was also preferred against them.
Andrew Curry deposed- Am a farmer residing at Greta. Saw a strawberry heifer at Mr Dixon's farm near Greta on Thursday the 20th belonging to me branded A ,on the off rump. Never sold or authorised the sale of it by any person. It was lost about six weeks ago. Value it at £3 10s.. Have seen the same beast outside the Court.
David Logie deposed- Am in the employ of Mr Dixon. Know the prisoners. They came to Mr Dixon's farm on the 17th of February. They brought cattle there. The cattle are now outside the Court. There are seven head. Among the cattle there is a blue strawberry bullock branded A on the off rump. The same beast is outside the Court. Handed, the cattle over to the police.
James Dixon deposed- Am a storekeeper residing at Wangaratta. Remember the l7th of February last. I saw the two prisoners on that day. From them I bought seven head of cattle. I told them to take the cattle out to my farm and paid them 5s for so doing. They produced a receipt from Mr Logie, and I gave them a cheque for £11. The receipt produced was again signed by the prisoner Williams. He wrote Thomas Williams, and stated that was for his father, in my presence, and the body of it was written by my clerk, according to his instructions. 1 believe the cattle outside the Court to be the same as 1 bought. Know the prisoner Kelly.
The prisoners who reserved their defence were committed for trial on this charge also.
A fourth charge against the prisoners was for stealing cattle the property of James Cook.
James Cook deposed- Am a farmer residing at Winton. On Thursday the 20th of February I went to Mr Dixon's farm, and saw two steers, one a roan and the other a strawberry, branded JO off ribs and JO reversed off lump. The cattle belong to me. They are now outside the Court. I missed them about a month ago. I value them at £2 5s each. I never authorised any person to sell or remove them, or sold them myself.
David Legle deposed- I am in the employ of Mr Dixon. Know the prisoners. Saw them on the 17th of February. They brought two steers there; branded JO off ribs and: JO reversed off rump. The same cattle are now outside the Court.
James Dixon deposed to having bought the two steers now outside the Court from the prisoner Williams, and got the receipt (produced) from him on the I8th of February.
The prisoners who reserved their defence were committed to take their trial at the next Circuit Court to be held on17th of April at Beechworth.
The Court then adjourned.
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