The Sydney Morning Herald, Fri 2 Oct 1908 1
COUNTRY NEWS.
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SLOW GOVERNMENT ACTION.
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Yerranderie, Tuesday.
Twelve months ago the Government announced in the “Gazette” that it had resumed an area of 30 acres in the centre of this progressive silver-lead mining field, for the purpose of establishing thereon a mining township. Building operations and projects were at once brought to a standstill, owing to this action of the Government. The inhabitants have now become incensed at the slowness of the Government in fulfilling the object of the resumption. The delay is seriously retarding the progress of this now well-established mining settlement. The Church of England and the Roman Catholic sections of the community have both money in hand towards the erection of their respective churches, but cannot proceed owing to the delay of the Government dealing with the resumed area. Close on £100 has been assured as a result of a meeting which the Roman Catholic members of the community held on Tuesday last for the purpose of starting a church building fund.
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THE HOSPITALS
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Lismore, Wednesday.
Miss Lyne, of Wollongong, has been appointed matron of the hospital.
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THE CHURCHES.
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Lismore, Thursday.
A butterfly fair in aid of the Methodist Church building fund was opened last night in the Federal Hall by the Mayoress.
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CIRCUIT COURTS.
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Dubbo, Thursday.
The Circuit Court opened before Mr Justice Simpson yesterday. Dr Waddell was Crown Prosecutor. Only one case went to the jury. John William Gillan, a middle-aged man, shearer, was charged with assaulting William Vincent, with intent to rob him, at North Bourke, on August 21. The Crown Prosecutor said that the Crown was not prepared to go on, owing to the absence of Vincent. It appeared that the case was committed to the Bourke Quarter Sessions on October 30; Vincent not being notified of the change of venue. Accused consenting, the case was postponed to the Bourke Quarter Sessions of the above date. Accused was granted bail in own cognisance, £25.
James Patrick Codey, a half-caste Chinese, pleaded guilty to fraudulently misappropriating £16, the money of James Barkell and another, at Gilgandra. He was agent for Bennett and Barkell, selling bicycles, and failed to account for the money, there being nearly £40 deficiency. Accused paid £3 and said he would make restitution whatever sentence might be passed. His Honor said he hoped he would keep his promise. This could not alter the sentence, which would be 15 months hard labour in Bathurst Gaol.
Joseph Dargin, full-blooded aboriginal, was charged with breaking and entering the dwelling of Augustus Hardy, at Dandaloo, on the morning of September 13, with intent to steal. Evidence showed that while he was drunk he forced his way into the house. At the time Hardy was away shearing. He burst the lock on Mrs Hardy’s bedroom door, falling into the room, and forcing the woman to take refuge with a neighbour with a baby. The case turned on a question of intent. The jury acquitted prisoner, who was defended by Mr Manning.
William Phillips, on a charge of assault, [on Harold (or Harold Robert) Dickson, a child], was remanded till next sitting of the Cobar Quarter Sessions, to enable prisoner to make application for counsel.
Wagga, Thursday.
The Circuit Court opened before Justice Pring yesterday. Mr HB Bignold was Crown Prosecutor. John Alexander was charged with maliciously setting fire to the dwelling of Thomas William Lindbeck, at Lockhart, on July 30, and on a second count with setting fire to a quantity of bed clothing, a toilet cover, and chest of drawers. At the conclusion of the Crown case his Honor directed the jury to acquit accused, as there was no evidence to connect him with the fire. A verdict of not guilty was accordingly returned.
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The Dubbo Liberal and Macquarie Advocate, Sat 3 Oct 1908 2
DUBBO CIRCUIT COURT.
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Wednesday, September 30.
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(Before his Honor Mr Justice Simpson.)
Associate Mr Mackenzie.
Dr Waddell was Crown Prosecutor, instructed by Mr Barthgate, of the Crown Law Department.
Mr GH Taylor officiated as Deputy Sheriff.
The bar was represented by Messrs HT Manning, JM Sanders, and Norman Pilcher, barristers, and the local solicitors.
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ALLEGED INDECENT ASSAULT.
William Phillips, a man of about 42 years of age, was charged with an indecent assault upon Harold Robert Dixon at Cobar on the 14th of July last.
The accused, who pleaded not guilty, asked that the Crown might supply him with counsel.
His Honor said that he was afraid that the application was too late.
Accused asked for a postponement of his case so that arrangements might be made for his defence.
His Honor: Why was the application not made before?
The accused said that he had made the same application to Mr Christie, the acting gaoler at Cobar, who said that the Crown did not supply counsel. As this was a criminal charge and he was a poor man he had since been informed that the Crown wight supply him with counsel.
His Honor: Yes, under certain circumstances. I can’t do anything unless certify to the Attorney-General that you are entitled to be defended.
His Honor here read from the Poor Prisoner’s Defence Act to the effect that a person might any time before the jury were sworn apply to the committing magistrate (His Honor here remarked that this was extraordinary legislation), Supreme Court judge or chairman of Quarter Sessions for Crown counsel. His Honor further said that the application might be made, in the interests of justice, but the legislature contemplated that it should be made at the proper time.
The accused said that the gaoler at Cobar said that legal assistance by the Crown was only for aboriginals, and that the law would not supply him with counsel.
His Honor said that no doubt the accused was entitled to make the application before the jury was sworn in, and after further remarks said that if he certified by telegram much time would be lost.
Mr Waddell said that he did not know much about this particular Act, but be believed that the Attorney-General, in considering requests, looked into the question of credibility.
His Honor thought that it should be arranged that gaolers should inform prisoners of the Poor Prisoner’s Defence Act , so that they might at the proper time make an application, and not at the last minute.
Accused said that he had made a similar application to the gaoler at Dubbo, who said he knew nothing about him (prisoner) or his case.
Mr [Arthur George] Leer [Dubbo gaol governor] was called, and informed his Honor that at 6 o’clock on Tuesday night Phillips had asked him about getting counsel, and he told him that he should have made application to Cobar, but recommended him to apply to the court in the morning.
Dr Waddell suggested that the case might be postponed to the Cobar Quarter Sessions in November, and mentioned that the witness lived at that place.
His Honor asked the accused if he would prefer Cobar, and the latter said that he would, as there was a solicitor there who knew his case, and would defend him.
His Honor remanded the accused to the Cobar Quarter Sessions and allowed the accused bail in his own surety of £50, and two others of £25. The prisoner thanked his Honor, and apologised for being dull in the head, but the Judge told Phillips that he was anything but dull.
Phillips asked yet another question which was whether he would go back to Cobar with the constable, and his Honor drily remarked, “I rather think that the constable will go back with you.” “I beg your pardon, your Honor,” said the prisoner, “I put it the wrong way about.”
His Honor then informed the prisoner that if he wished counsel to be assigned for his defence he should make application to the magistrate who committed him.
These were all the cases before the court, and his Honor expressed his satisfaction at the fact that every juryman summoned had attended, and his pleasure that he had always found that the Dubbo jurymen never shirked their public duty.
The court then adjourned.
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The Cobar Herald, Tue 3 Nov 1908 3
CONCENTRATES.
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Sultry
Weather.
Rain needed.
Golf is easing off.
Sports Wednesday.
Big success tipped.
Melbourne Cup to day.
Great booking for concert.
Rifle shooting next week.
Once more—sports and concert Wednesday.
Willis is writing a book about the crucifixion of Crick.
Nyngan people are trying wells for heir water supply.
Held over—School matter and interesting budget from Wrightville.
Tenders close on Friday for the work at the new tank for the Great Cobar.
Constable Stone, of Canbelego, late of Nyngan, has been transferred to the metropolis.
Mr C Allison has tendered his resignation as town clerk to the Nyngan Municipal Council.
At its last meeting the Canonba PP Board paid for 12 fox scalps and 7 cubs, and 2 dingoes [sic] and 4 pups.
While passing the grocery windows at Ward, Bushell and Co’s store we were astounded at the marvellously low prices marked up on their goods for spot cash purchases.*
Owing to the promptitude of the Fire Brigade a building to the value of three figures was saved last week over at Cornishtown.
Mr Blackmore, from Hay, has been appointed to Cobar to succeed Mr Adams as CPS here. He was to have arrived yesterday (Monday).
BONNINGTON’s IRISH MOSS
can be had from any chemist or store. It is the universal remedy for influenza, coughs and colds. A safe and pleasant medicine for children as well as adults—o
Mr Caswell, from the Commercial Bank, left for Forbes on Saturday, and is succeeded by Mr McPhee, who arrived the same afternoon.
Yes! You will need a cool suit before very long. It will pay you to have a look at the Summer Goods at AB CAMPBELL’s, Marshall-street.—o
There appears to be trouble over the tank work for the Great Cobar, Ltd. Mr Castles’ agent advises that he will prosecute trespassers on the ground, and the Great Cobar are asking for tenders for the finishing of the work.
EMPTY BAGS.
PERMEWAN, WRIGHT and Co, Ltd, are buyers of Empty Chaff Sacks and give the highest prices for them.—o
Cases for the Sessions:—Hogan, alleged charge of gold stealing; Skirvington and Lock, ditto; [William] Phillips, assault; and a defendant in a shooting case from Nyngan. One case in divorce is set down for the District Court.
1 The Sydney Morning Herald, Fri 2 Oct 1908, p. 10. Emphasis added.
2 The Dubbo Liberal and Macquarie Advocate, Sat 3 Oct 1908, p. 4. Emphasis added.
3 The Cobar Herald, (NSW), Tue 3 Nov 1908, p. 2. Emphasis added.