Black Creek News - 1835

The Sydney Herald September 1835

John Ryan was indicted for stealing a heifer, value £5, the property of Charlotte Coulston, at Black Creek, on the l6th September last.

The prisoner was overseer to Mr. McDonald, a settler on the adjoining farm to Mr. Coulston, at Black Creek, and was possessed of some cattle of his own. On the day laid in the information he went into the bush and brought home eighteen or twenty calves, which he put into the stockyard, and branded some with his own brand, and some with Mr. McDonald's. Amongst those he branded with his own brand was a strawberry heifer, branded T C No 5, on which he put his own brand J R, and which Mr. John Coulston identified as being his sisters property. It appeared that the prisoner had once purchased seventeen head of cattle from Mr. Collision's overseer, and that he had branded thirty instead of the seventeen ; Mr. Coulston had missed many cattle for some time past, and could never find them out.

The Jury considered a short time in the box without retiring, and found the prisoner Guilty.

His Honor then examined Mr. John Coulston at some length, to elicit whether there was a possibility of the prisoner having branded the beast in mistake; but it appeared that lie must have carried on his practices for some time, as he had not long been emancipated, and had acquired one hundred and fifty or two hundred head of cattle, which he could not have done honestly.

His Honor, in passing sentence, observed that he perfectly agreed with the verdict of the Jury, and was satisfied that the prisoner was guilty.  There was pregnant evidence that he was a very cunning man in branding some of the cattle in Mr. McDonald's name, so that he might the more readily plead a mistake. His Honor hoped the many convictions for cattle stealing would have some effect in checking the gangs of cattle stealers which had infested the country, destroying every honest mans endeavours to rise in the world by honest industry. The prisoner was sentenced to be transported to a penal settlement for life.

The Sydney Herald  December 1835

Thomas Gunning was indicted for stealing one horse, value £20, the property of John Ryan, at Black Creek, on the 25th December, 1835. Mr. Therry briefly stated the case to the Jury. The prosecutor was in trouble in Newcastle gaol, and the prisoner went to him and asked him if he should get in his cattle and sell them, and a horse, his property. The prosecutor said he would not part with the horse, but requested the prisoner to get in seventeen head of cattle and sell them, and he gave the order to take the horse to a person named Murphy residing at Maitland. The prisoner afterwards sold the horse.            

Mr justice Burton said that Mr Therry had stated an excellent case of civil injury, but to constitute a theft there must be a taking against the will, when in the present case it appeared that the horse had been given into his possession.  Mr Therry submitted that it should go to the Jury as a question whether the prisoner obtained possession of the horse with a larcenous intent. There was a case in point that occurred to him.

It was that of the notorious Probert who was connected with Thurtell and Hunt in the murder of Weare. He hired a horse at Godalming for the purpose of a long journey, but when he arrived in London he sold it, and was executed for horse-stealing.

His Honor directed case to proceed.