RESIDENT MAGISTRATE'S COURT, REEFTON.

Grey River Argus, Volume XII, Issue 1289, 16 September 1872, Page 2

RESIDENT MAGISTRATE'S COURT, REEFTON.

Wednesday, September 11. (Before Charles Broad, Esq., R.M.) MURDER. Charle3 Sibree and George Barton were brought up on remand charged with the murder of Thomas Costello. Mr Home appeared for the prisoner Sibree. George Smyth said : lama laborer residing at Larry's Creek about the 15th of August last. I know the prisoner Barton (Yorkey), and saw him* at our tent on tie morning of the 15th. There were three others there— Martin Mullins, Tom Larkins, and Charles Harrington. Barton came to the tent bare-footed, and asked where Martiix Mullins was, and he was told he was in his bunk. Mullins got up, and I heard Barton ask him if he saw him with any •money last night, and MuHins Eaid Johnson's mate, Bachelor, had got it. I hpard Barton gay to, Mullins, "You need not kick up such a d d row about that affair. Mullins said, " What affair," when Barton said, "That affair of Costello's." Mullins then said, " I have made it known to too many to keep it a secret now." By Mr Home : I have known Mullins for six months. When Mullins returned to hi 3 tent the previous night he appeared to be considerably under the influence of liquor, and was very excited. By the Bench : When Mullins returned to the tent the previous night, he sang out for his gun, saying "Give me the gun. Thomas Costello has been missing some time, and ' Yorkey ' told me that he and a man named ' Yankee Charley ' helped to put him away," John Deehan said : J am a miner residr iug at Boatman's. On or about the 31st of July last I arrived home from Reefton about eight o'clock; After crossing the creek 1 went into O'Donnell's store to get a drink of tea, and there saw Thomas Costello sitting at the fire eating potatoes. No one else was present but John O'Donnell. I remained for an hour aud a half or two hours at O'Donnell's, and then asked Costello to come over to my place and get to bed, as it was getting late. He came ever as far as my door, and as I was opening it he said, "JHpld on a minute, we'll go over to Yankee Charley's and get a drink." I refused to go, and he went over by himself. He was pretty well drunk, but no worse -than, I have frequently seen him in Boatman's. That was the last time I ever saw him. , There is a tree across the creek with a hand-rail on it to get to "Yankee Charley's." Under the tree there might be five feet of water, but a few yards further down only a few inches. I marie no inqniries for him next moruing. O'Donnell- asked me if lie stopped with me, and I said he did not. Costello' had told me that he was very much in debt ; LBOO to one man,

and we thought that he had leit the dis- 1 trict in consequence. I did not make any inquirifis. "■ ■-;-' _ (< By Barton: I did not see you at-Boat- t man's on the 31st, or about that date. I y never saw you play a game at cards. Prisoner said he had heard they were -playing cards,- but Jhe*-had never played vj game ac cards in his life. j '■■ 'Setge!'ant!M < Ardre applied for a remand ' as a large search party was out and others £ were- going the next-day.^- <••«*«.*- — -w——.- £ Mr Home applied, for the discharge of Sibreo ; but the Magistrate refused to ' grant it, as the last place the missing man * was heard of was at f* Yankee Gharley'si"' The prisoners were then again remanded. - ' '■■• '•'''■ ' SHOOTING WITH INTENT. ! ; ] Andrew M 'Shane and William Roberta .• were charged with shooting at John Williams, on the 10th inst., at ; Fern Flat, with intent to wound. " : Mr H.orne appeared to prosecute. John Williams said : He was a storekeeper and publican, residing atr Fern , Flat. ■ Witness' had a farm : there^ aiid whilst going; down to. his paddock to plough, the prisoners' came running down to meet him, and told him that he should go no further, and not plough there. They took hold of the horses, and M'Shane said. ".If you are not stopped by me, I'll soon stop you." Directly after this, he ran and .got a gun and. presented, ijb at prosecutor's head, saying, ' " Look/oiit, ~ I am going to Bhoot you," and at the same time fired at his head. . Witness, did not know what was in the gun, but there was a shot fired. . Witness jtold his men to take M 'Shane in charge, and a scuffle ensued, during which the gun was taken away; from -prisoner. Roberts did notfire, but aided in every other way. Subsequently the police took the,. prisoners into custody. Ground belonging to the prisoners adjoined prosecutor's paddock. By M'Shane : I had some conversation previously with Roberts in reference : to a hut that was being put up. I stated then that I would bring the horses and turn over the house with the plough. The hut is on the ground that is in dispute between you and me. I afterwards went for the plough, the ploughmen and horses. Only Magrath went with me. I did not strike you in the face. I did not call on the men to assist yon, nor tell my son to get a stick. I had no stick. I called to my son to got a tomahawk to cut away., some logs out of the plough's way,- I do not know what the gun was loaded with. : It made a good report when fired: Thomas Magrath, ploughman to prosecutor, corroborated the previous evidence in some particulars, but in such extraordinary language that it was evident he was under the influence of liquor, and his^ : Worship,, after repeatedly cautioning him, sent him to the lock-up for contempt of Court. . . i.ft ■ t ■»• j The case was then adjourned .till the next day, prisoners to be admitted to bail, 1 themselves in LSO, and two sureties of L2seach. .•■■• . There were other small debt cases disposed of, but none ofethe slightest public interest. ■" : ' ' i:; ' '