Black Creek News - 1838

The Australian Friday 18 May 1838

SUPREME CRIMINAL COURT

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THURSDAY - Before the Chief Justice and a Military Jury.

George MacDowell and John Boyle were indicted for stealing a mare, valued £20, the property of John Busby, at Black Creek, on the 20th of August last.

A second count laid the mare as the property of James Dairymple Killlman. It appeared in evidence, that Mr Killman, who is related to Mr Busby, and had the care of his stock, missed a mare from his estate at Black Creek, sometime in August. The prisoner MacDowall, about this time, appeared in the vicinity of Sydney, with two mares and a filly, which he offered for sale to several persons. He put up a Mr Devine's public-house, on the Liverpool road, and one day as he was riding into Sydney, he met a Mr Smith, who also keeps a public-house on the Liverpool road and who is a dealer in horse flesh; the prisoner offered the mare to  him for sale, and asked £110 for the two mares.

Mr Smith, who was in want of such animals,  offered £95, which he considered to be the full value of the mares; prisoner at first refused the offer and rode away, but soon returned, and the bargain was struck Mr Smith desired a reference which the prisoner promised to give, and Smith paid for the mares by a bill on the Commercial  Bank, payable at eight days sight, to give the prisoner time to satisfy him that the mares were his lawful property; on the day before the bill was payable, the prisoner having failed to appear to his time, Smith went to Sydney and stopped payment of the note. On his return home, he met the prisoner, and they went into Mr Tavener's public-house; the prisoner then told a plausible tale, that Smith started back to Sydney and got the money, which he paid to the prisoner, taking his receipt and description of the mares before Tavener. In further proof of the prisoners having had possession of and assuming the ownership of the horses, a Dr White of Windsor, deposed that the prisoner, a few days before, had offered to sell him the filly, at which time he was riding the mare in question. Information was given of the loss of the mares to the police, and a reward was offered for their recovery and the prosecution of the offenders if stolen. The prisoner MacDowall was lodged in the watch-house on a charge of being drunk in the streets, and from the information given he was detained. The chief constable and his assistant got on the track of the mares, which they traced to the possession of Smith, who produced them at the Police Office, where the one in question was identified by Mr Alexander Busby as the property of his father.    His Honor directed the Jury that there was no evidence to affect the prisoner Boyles, who was acquitted and discharged.

McDowall Guilty— sentenced to be transported for life.  

The Australian December 1838

Death.  On Thursday last, the 27th December, at his residence, Black Creek, after a painful illness, Mr Henry Coulson, aged 28 years.