RESIDENT MAGISTRATE'S COURT. COBDEN.

Grey River Argus, Volume VIII, Issue 538, 29 June 1869, Page 2

RESIDENT MAGISTRATE'S COURT. COBDEN.

Monday, June 28, (Before J. H. Lowe, Esq., R.M.) . THE LATE STICKrNG-UP CASE, George Lowe and John Ogden were charged with stealing from the person of Evan Davis, at Brunnerton, on the 20th instant, 37 ounces of gold, a few pounds, and some silver. Evan Davis : I am a miner, working at Moonlight Creek. On Sunday week, I was coming down the road on this side on horseback. I remember being at the Coal-pits. I had 350z. of gold in the inside breast-pocket of my jacket. It was wrapped in canvas made in ihe form of a bag and sewed up in a piece of old moleskin. I had another parcel of some 15 or 16dwt. in a chamois leather bag ; also) another parcel of about 2oz. in a similar bag, inside a calico bag in one of my pockets. lam certain I had all t..is gold on me when I reached the C( al-pite, as well as a few notes, but 1 cannot te;l how many, and also half-a-crown, I can remember there were some steps up to the door of the house where I stopped at Brunnerton and had a nobbier. After leaving that house the last thing 1 remember was receiving a blow on the head, but I cannot tell how or from whom I received it. 1 have not seen or heard of my gold since. By Ogden : To the best of my recollection I did not call at more than one house at the Ooal-pits. Duncan Oswald : I am an hotel and storekeeper at Brunnerton. I remember Davis calling at my house last Sunday week, about four o'clock. He was travelling on horseback. He appeared to be a a little the worse for liquor when he arrived. He asked for a drink and 1 gave him only a small glass' of beer. He also paid for drinks for the prisoners and my storeman, Brown. He said he had not sufficient money to pay for the drinks, and wished to sell some gold. My storeman weighed out in the presence of the prisoners a small parcel of 15dwts. 12grs. in one bag offered by Davis. I was present then, and handed to him £2 in notes and 16s 6d in silver. I saw in Davis' possession another small parcel of gold in a little bag. The piisoner Ogden folded up the notes and gave them to Davis, who put them into the breast-pocket of his jacket. Davis was drunk at the time. Some time after that 1 saw young Mr John Dent passing on horseback, and I asked him to take care of Davis on the way down, as he persisted in goiug on that night. I did not mention that he had any money on him. They went away together. Between 10 and 15 minutes after, the prisoners followed — no one left before them. They went in the same direction as Davis and Dent. The next persons to leave my house were James Armstrong and Charles Helmslee, who followed in about 20 minutes. In about seven minutes afterwards Armstrong returned in a hurry, and told me that Davis was lying on the track about 250 yards below my House, evidently hurt. He asked for assistance to get the man up. I sent sufficient help, and they brought the man up. I think the four men Avho brought him up were Armstrong, his mate, Michael Brown, and the prisoner Ogden. The prisoner Lowe was not with them ; he returned to the house about five minutes after them. He came back alone. I asked him why he had not been with the rest of the men bringing the wounded man up. He said something abruptly, I cannot remember what, but high words ensued between us about the matter. I asked the pri-

soners why they did not come back together, as they wept away together, Lowe denied that he went away with Ogden ; I insisted that I saw them go together, when the high words ensued, and he called me a liar. I asked the prisoners if they hqd found any money on the road, Ogden said he saw sixpence on the road, but he did not stoop down to pick it up. When the prisoners left my place to return home they asked for a candle and a bottle each, which I gave them. It was a moonlight night. It is sometimes the custom to use candles in the bush even on moonlight nigh*'tß'.' X was in company with you (Detective Lambert) the following morning at the prisoners' hut in Sulky Gully. You told them who you were, and asked them if they could tell anything about the mau who was injured. Ogden said he and his, mate found the man lying on the road when they came up, and went into an ex-* planation of the affair, I don't remember what J^ovre said. I have seen the place where the man was found. I should say that a " cooey" from there could be heard distinctly at my house ; I heard none that day. After the prisoner Lowe had denied going away with Qgden they quarrelled between themselves about it, and I saw a blow struck, Lowe struck Ogden. By Ogden : You and your mate came to my house for provisions, and each took a bag full when you left, The way to your tent was a little bit past the place where* Davis was found. You each had about 251bs. weight to carry. Re-examined : I remember asking the prisoners why they did not at once return for assistance when they found the mm lying on the road. I cannot say what they answered. I s^ent Brown and another to search for the gold, and als.o for>he. sixpence mentioned by Ogden as lying on the track, They returned and said they had found nothing. . Nichol Brown : I am storeman to Mr Oswald, at Brunnerton. On Sunday week Davis came to the store, the worse, for liquor. He called for drinks for himself, the prisoners, two others, and myie, 1 !, (He gave evidence similar to the last witness with regard to the selling of gold, and the different parties leaving the hotel,) About five minutes after Armstrong left he returned and said, " Duncan, that man has fallen off his horse and got hurt, go down and search him." Oswald sent me. I was accompanied by Armstrong and several others. When we got there the prisoners were assisting Davis along the track towards Oswald's house. He was, walking between them ; they had a hold of his arms, Helmslee was bringing>up the horse Davis had been riding, I asked Davia where his money was. Ido not recollect receiving any answer, and I pre-= Qeeded to se,arch Mm, according to my instructions, I found on him a knife, letter, piece of tobacco^ pipe and match box, but no money or gold, I remarked. th.at it was gtrange there was no money op gold on Davis, when he had just left the. store with gold, notes, and silver, I heard Ogden remark that there was a six-, pence lying on the road, but whether it was then or afterwards I cannot say. Subsequently I went with others to look for this sixpence, and the lost money and. gold. We searched carefully bu.t found nothing, . Davis waa apparently in great pain, crying out, when we first met him x and five or six of us carried him. Ogden was one of the party, but I cannot say whether L.owe was with us> "We carried Davis into the kitchen and searched his. pockets again. I returned into the bar in two or three minutes anil Lowe was there. I did not see young Dent after he left with. Davis. James Armstrong and Charles Helmsby were examined, but nothing new waa elicited. John Dent: On Sunday evening, 20th inst., I passed through Brunnerton on my way to Cobden. Mr Oswald asked me to look after a man who was going to Cobden, who was "a little on." I said I would, We left ; I was ahead. About 200 yards, from Oswald's house, I dismounted, tied up my horse, and wont to where he was. He said his back was broken. I assisted him to sit on the bank. Both prisoners came up, and threw down their swags. Lowe said Ogden was a countryman of Davis', and they would take him back to Oswald's. I left then for Cobden. Detective Lambert proved the arrest of the prisoners. The Magistrate committed the prisoners to take their trial at the next sitting of the District Court at Westpoil. ~