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1902, James Garbutt - Unfit For Publication
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Daniel Bell, 1856

Below also see: James Garbett, 1882,
James Garbutt, 1902 – Indecent exposure


The Maitland Mercury and Hunter River General Advertiser, Sat 16 Aug 1856
1

MAITLAND QUARTER SESSIONS.
————
Thursday, August 14.
(Before the Chairman, Major Crummer, and
Helenus Scott, Esq.)

HORSE STEALING.

    Daniel Bell was indicted for having feloniously stolen, taken, and driven away one horse and one gelding, the property of Thomas Parnell, at the Namoi River, in the year 1856.

    The prisoner, on hearing the charge, would not plead, but stated that, in consequence of his recent committal, he had been unable to procure the attendance of necessary witnesses.

    He was informed that an affidavit showing sufficient cause for postponement must be produced before it would be granted.

    The affidavit was then produced, to the effect that the two witnesses lived at Scone, the one being a man from whom the horse had been obtained in exchange, the other having been present at the time.

    The Crown Prosecutor objected to a postponement, showing that the prisoner’s previous statements and his present affidavit did not agree, and that he had already had opportunity to produce evidence afforded him.

    The application was not granted, and the affidavit having been ordered to be filed, the case was proceeded with; the plea of not guilty being entered.

    The prisoner was undefended.

    The witnesses called were Sergeant Kerrigan, David Brown, Elizabeth Turner, Joseph Redman, Robert Doyle, and Thomas Parnell.

    From the evidence it appeared that in April last, Bell sold a chestnut horse, with a white face, branded on the near shoulder, near ribs, and off neck, too David Brown, a butcher, in West Maitland, for the sum of £13 10s. No receipt was given, but Bell said he would give the pound receipt for it, having released it at Scone. In June the horse was claimed by Mr E Doyle, of Jerry’s Plains. Brown told Bell of this, and asked him for the receipt, which he said he would get. About a week after, the horse was found dead in the stable, having shown no signs of disease before. He was much swollen when dead. The prisoner Bell was employed about the place, and the stable was open constantly. The horse was dragged out by Bell and another man, and buried in a paddock adjacent. The horse had been fed on corn and hay. Some pigs, and a cow at the place, died about the time. The horse, the day before his death, had appeared a little sluggish, but had been ridden fast. When he was buried his skin was entire; a sufficient quantity of earth was thrown over the carcase to cover it properly. After the burial some time, Mr R Doyle, who had formerly owned the horse, and Sergeant Kerrigan, visited the spot; the horse was recognised by his peculiarly shaped head, and a splint on his near fore leg, but the skin had been removed from the parts that had been branded. Mr Parnell, who had bought the horse from Mr R Doyle, in November, and had missed it from his place on the Namoi two or three months after, also saw the buried horse, and it answered the description of the one lost. The prisoner, when apprehended, and told what charge was brought against him, said he did not know whether he had sold the horse to Brown.

    The Chairman, in summing up, made reference to the prisoner’s affidavit, which, if true, was to the effect that he had obtained the horse from some other person, on whose shoulders the theft would be thus thrown, and who, therefore, was very unlikely to appear to give evidence; and further, that the statement of the horse having been obtained in exchange, contradicted the account given by the prisoner of having bought it from the pound. The question mainly rested on the credibility of the witness Brown.

    The jury retired for twenty minutes, and then returned a verdict of guilty. The prisoner, who was a ticket of leave holder, under a half expired sentence of ten years for horsestealing, passed at Goulburn, in 1851, was sentenced to seven years hard labour on the roads. His ticket was for the Scone district, and not altered.

~ ~ ~ ~ ~

The Sydney Morning Herald, Tue 19 Aug 1856 2

HUNTER RIVER NEWS.
(From the Maitland Mercury.)

MAITLAND QUARTER SESSIONS.
Thursday.

DANIEL Bell was indicted for having feloniously stolen, taken, and driven away one horse and one gelding, the property of Thomas Parnell, at the Namoi River, in the year 1856. The jury retired for twenty minutes, and then returned a verdict of guilty. The prisoner, who was a ticket-of-leave holder under a half expired sentence of ten years for horse stealing, passed at Goulburn, in 1851, was sentenced to seven years hard labour on the roads. His ticket was for the Scone district, and not altered.

 


 

James Garbett, 1882


Australian Town and Country Journal, Sat 12 Aug 1882
3

MUDGEE.

August 6.

    QUARTER SESSIONS.—This court opened at Mudgee on Wednesday last, before Judge Cansdell.

    [James] Garbett [aka James Garbutt], a Cockatoo Island expiree, pleaded guilty to indecently assaulting Mary Donnelly, of Cooyal, aged 12 years, and was sentenced to 18 months imprisonment.

 


 

James Garbutt, 1902


The Mudgee Guardian and North-Western Representative, Mon 12 May 1902
4

MUDGEE POLICE COURT.
————
Monday, 12th May.
(Before Mr TH Wilkinson, PM, Mr F Cox, JP, and Mr CH Tuckerman, JP).

INDECENT EXPOSURE.

    An old man named James Garbutt was brought up in custody, on a charge of being drunk, and indecent exposure in Church-street on Saturday.

    Mr E Clarke (Messrs Clarke and Son) appeared for the accused, who pleaded guilty to the charge of drunkenness, but not guilty to the second charge, as he was too drunk to know what he was doing.

    Evidence of the indecent behaviour was given by Mrs Hickey, of Church-street, and the accused was sentenced to six months’ hard labor. The prisoner is well known to the police, the following convictions being recorded against him:—October 25th, 1879; Indecent exposure, 50s or one month; October 7th, 1881, similar offence, four months’ hard labor; August 2nd, 1882, indecent assault on a girl, 18 months’ hard labor; 6th April, 1894, assault on a girl with intent, four years’ penal servitude.

~ ~ ~ ~ ~


James Garbutt, Gaol photo sheet 5

SRNSW: NRS1998, [3/5959], Bathurst Gaol photographic description book, 1874-1930, No. 906, p. 44, R5085.


Gaol Photo Sheet - 
Transcribed Details

No. 906
Bathurst

Date when Portrait was taken: 2nd May 1894

Name: James Garbutt

Native place: BC Windsor

Year of birth: 1839

Arrived       Ship: –
in Colony }   Year: –

Trade or occupation
previous to conviction  } Farmer

Religion: C E

Education, degree of: Nil

Height: 5' 8"

Weight     On committal: 9st 12lbs
in lbs     } On discharge:

Colour of hair: Brown

Colour of eyes: Blue

Marks or special features: Crooked nose – Left arm cross, scales, wreath hand & heart – Right arm crown of roses – varicose veins left leg

Where and when tried: Mudgee G.D. 

6th April 1894

Offence: Assault with intent to carnally know

Sentence: 4 years PS

Remarks:

(No. of previous Portrait ... ) 

PREVIOUS CONVICTIONS

Where and When Offence. Sentence

Maitland Q.S

Mudgee PO

ditto

Mudgee Q.S

Mudgee PC

13

25

  7

  2
 

12

  8

10

10

  8
 

  5

1856

1879

1881

1882

1912

Horse stealing 

Exposing his person

Exposing his person

Unlawfully and indecently
assaulting a girl

Expose person

10 years roads

1 month HL

4 months HL

18 months HL


6 months HL

 


1     The Maitland Mercury and Hunter River General Advertiser, Sat 16 Aug 1856, p. 6.

2     The Sydney Morning Herald, Tue 19 Aug 1856, p. 3.

3     Australian Town and Country Journal, Sat 12 Aug 1882, p. 327.

4     The Mudgee Guardian and North-Western Representative, Mon 12 May 1902, p. 2. Emphasis added.

5     SRNSW: NRS1998, [3/5959], Bathurst Gaol photographic description book, 1874-1930, No. 906, p. 44, R5085.