[jury, composition of – stealing, cattle]

R. v. Stratford

Supreme Court of Van Diemen’s Land

Montagu J., January 1839

Source: Cornwall Chronicle, 12 January 1839

            Before his Honor the Puisne Judge Montagu, and a Military Jury, viz.,

            Major William Turner, 50th Regt

            Capt. William Austin, 51st Regt

            Lieut. James Weare, 51st Regt

            Lieut. William Kenworthy, half-pay

            D. A. C. G. Robt. Neale

            Lieut. James Yates

            Lieut James Flexman, half-pay 

* * *

            William Stratford charged with stealing a cow on the 18th October, the property of George Pyle.

George Pyle. - I am Inspector of Stock at Launceston; I had two cows running in a paddock on the 18th October last; I saw them there on that day, about 9 o’clock; about 5 in the afternoon, in consequence of information I obtained, I went to an allotment of ground not fenced near Mrs. Weaver’s, and found one of them “hocked,” the “hamstring” cut right through and another large cut inflicted near the rump, about seven inches in length, and four inches in breadth; it entered the bone; the wound was caused by some heavy instrument; a spade would effect it; I traced the blood to a ditch at the bottom of Mrs. Weaver’s garden; I know prisoner, he lives in a cottage at the bottom of Mrs. Weaver’s garden; I went over into the garden, and from the tracks I saw it appeared to me that a man had been scuffling with a [?]st; near it lay a gooseberry bush, which had been cut down by some sharp instrument; I send for the Chief Constable; I saw the prisoner come out of the back of the house in which he resides, when he saw me and went back again; six or seven of the neighbours came out to look; I know a man named Beck; I saw the prisoner afterwards leave the house and go away in a different direction to where we were standing; about six or seven in the evening I heard Mr. Byron ask prisoner where his shirt was, which he said was in the loft; it was fetched by a constable, there was no blood on it; I saw a spade; the same as the one now produced; I thought I saw spots of blood upon it, but I could not be certain. The cow was worth £10, humanity prompted me to slaughter her.

By Mr. Stephen for the prisoner. I had two cows; the one I killed was red; the other light brindle and white; they were accustomed to run in a paddock at the back of the Slaughter House, on the Cataract Hill; I cannot recollect whether I saw my cows on the Green or not during the day; to my knowledge they have been out of the paddock more than once or twice, straying about; I found the cow about five in the afternoon, then lying on an allotment called Mr. Oakden’s; the blood I saw was about three yards from the ditch; and it appeared to me that she came out of the ditch; in the winter season much water runs in the ditch; I know there was water in the ditch in October last, and that the bottom was covered with water; I jumped over the ditch; it is eight or nine feet wide at top and four feet at bottom; I believe there were other trees broke in the garden besides the gooseberry bush, but I cannot say were cut; I have not been in the ground since; I cannot produce the skin; I did not produce it at the Police Office; I have known the prisoner many years; I always had a good opinion of him.

John Byron. - Is C. D. C. I knew prisoner; I saw him on the 18th October last, at Mrs. Weavers. I asked him if he had been in the garden? - he said no, not after ½ past 2; he afterwards said he had left the premises and did not return until 4 p m. I inspected the hoe and spade, and believed at the time that I saw marks of blood on the spade; his clothes bore no marks of blood; I inspected Mrs. Weaver’s garden, and saw no blood. The spade now produced is the spade he gave me.

            By Mr. Stephen. - The spade is more rusty now than when I took it; I thought I saw blood on it then; one spot about the size of half a sixpence - another larger. There are many trees in the garden, many apple trees; I am not aware that the American blight produces a red stain. I had my doubts first, but I afterwards thought I saw spots of blood on the spade. I am sure the prisoner said that he had worked with the spade and hoe that day in the garden; several people were present. Prisoner said that he had been hoeing potatoes. He had on a clean shirt, which had no marks of blood on it, neither was there any on other clothes I saw of his; I never heard any thing bad of the prisoner. His character is good.

Jas. Godfrey, sworn. - Am a baker in the service of Mr. Beck; I recollect the 19th of October last; I was employed chopping wood; I saw a cow about 4 or 5 o’clock, go through the hedge of Mrs. Weaver’s garden; prisoner was close to the cow. I saw prisoner a few minutes after go towards Mrs. Weaver’s house. I saw the cow half an hour after; it seemed to be getting up and could not. I saw something I prisoners hand, but I do not know what it was; I was sixty yards from him; I did not see prisoner after.

By Mr. Stephen. - When I saw the cow it was going into the ditch, and prisoner was quietly walking away, about 4 or 5 yards from it; I had been all the afternoon in master’s wood yard adjoining Mrs. Weavers; master rented part of the garden; I was first apprehended on suspicion of hurting the cow; I did say to Mr. Byron and Mr Pyle, that I did not see a man in the garden; I afterwards told them that I saw prisoner there. On the Sunday previous, master and myself drove the cow out of the garden; I have seen Pyle’s cow in Day’s garden.. Two or three times I have seen the cow in the brickmaker’s garden often; Mr. Pyle’s cows are in the habit of straying about the neighbourhood.

Thomas Beck. - Am a baker, residing in Wellington-street; I know prisoner; I saw him the 18th Oct. hoeing potatoes in Mrs. Weaver’s garden until 1o’clock; I did not see him after that. On the Sunday previous I drove a cow of Mr. Pyle’s out of the garden of Mrs. Weaver; I did not see the cow afterwards.

Mr. Stephen, on behalf of the prisoner, stated to the Court, that the case was not sufficiently established to justify his conviction. He should call witnesses to prove that if he was not innocent he was very likely to be innocent - witnesses, - highly respectable gentlemen, who would prove the prisoner to be of excellent character, and of so inoffensive demeanour, as to render even a suspicion of his guilt improbable.

Mr. John Richard Easton- Resides in Launceston; has known prisoner ten years; he was in my service six years; I never had any fault to find with him; his character is good.

Mr. John W. Gleadow. - I have known prisoner for nearly 12 years. He is a very quiet, inoffensive and industrious man.

Mr. Sinclair. - I have known prisoner from 12 to 14 years. I always thought him a quiet, inoffensive and well-conducted man - Acquitted.

Ann Swatking, charged with receiving a shawl value £2 on the 4th September, the property of Mrs. Gill.

Helen Gill. - My husband’s name is Alexander Gill. I reside in Brisbane-street; I lost a shawl on the 4th September; I saw the shawl on prisoner’s back while walking in the street; she said her husband had purchased it for her (Shawl produced.) Had it 14 years; I know it by marks upon it; one a baby’s mark.

Mr. Atkison, for prisoner - Any milk would make the same stain.

Isabella South. - I recollect borrowing a shawl from Mrs. Gill. I lost it, I can’t say how; I had been drinking, and lost by senses and my shawl at the same time; I make no doubt that the shawl now produced is the same shawl I lost.

By Mr. Atkinson. - I lost my senses in a public house, and did not recover them until next morning. I lost other articles.

Mr. Atkinson, for prisoner. - denied that evidence had been adduced to prove her guilty. Not Guilty.