RACY AGAINST MR. E.B. FOX.

Grey River Argus, 18 December 1866, Page 3

RACY AGAINST MR. E.B. FOX.

Iftf ) . y \re«t'Coa*t Time*.) I "■'' 'i^ftS cs ' The conversation I /V-Vg»" suul I had cm the Tues-j I' 4 4,? i. VO3lt of llis leiiv »'g Huk/| I ' Qa4s ence *°' :i IJjess:t k r(J fvcf 1 I ; °ty wjj'ercd by me to Del^-y \ I ite?' l eive^ tlle message/-" 111 - I \- far 4yl 3n * *° M 1 " B^ ioll ' s I, 4v.* o v?/rlonaniberlsun ; yr c Mi" V&% e &oW brief - 1 M P lv Bllt I, ''A' *o with Cbjfuberlain. ¥ t/i o li t6i $M times at /r Button's | I' Ojj _■%/, tip>%n his becb/jom. 1 saw 1 l'4/j/^e i •%!•* his oflj/'e. I saw him ; IQ/j. '^// o V^* nG Q"«en' s birthday, |{. t'^d-i } i% '^■pi'evious. I did not W^oT 7^ <4Mni<m. I only Know m^ty? iljfr me, and what Mr [|§!S^&- 'iyjfiparU'd to me on the j mmMmm^ \° bu tried <m tlmt there;' Tlutton's' made was me. from the,! the rise | from his 4 o'clock, the purpose Mr Wilkie. a horse that to buy was a horse own accord. May, 18' JO. I saw hut, beI sav>2SUi at the the the2Tth to hut. caught I lad con1 went I we had ' then. ] I o'clock or t the iron afternoon. He said he had just let thu No arrangeme with DeLacey v>ut on the Monday, Kelly and Burmorning I went hut v.'ith Wilaon and there about h;df-au-iron hut at about half i After leaving the hut road for about four that none of the x'oiid until we arrived th.it is, excepting a , distance from the some things ; it a stoppage. On Burgess, Kelly at his stables His After a conversation referred to, I met De of Sweeney's Hotel. Tuesday evening, a little Wilson and Kelly was away playing tills time, was in Hokifor ITokitikaonthe on the Ist June. on Wednesday, at the about 12 o'clock; it ho came. He remained it might have been a Haw DeLacey two or three 1 tiraii saw him beach. It is called the I .next saw him in same day). When I first that dr.y, it was somebefore 11 o'clock, a.m. I of thi/boach, where the runs n]ij Kelly w.-is. with Wilson were further up tife iron hut. I can't went, but he pvo■■^■k- •%^| 1 ' l)il^ towards Groythat road' in order by peo]ile coming up could not g<> along account of the did not go tr;id£ t i iat time The at Greymouth. the by.sV the • eutl 0 s l Jcak Aim. DeLacey c was a loft « h » com . thatV y wero close G wei V) run back to 1 -and Burgcs4 I<e DeLacy Greymout.h\ thoilt bßillf , under aiUcsMie.mitil passed, w!uV ye pac i. :ei i and coinmeucudv. journe" ; this wsV^ t ], au after DeLacey lefV_ by Mr South : V n 't say police passed Xp 1 aiu was in the foreiA) , Am \ depart ill ' j) e before told us tl\ a 8 o'clock in the m(V n r, waited so long, warV,^ up when DeLacey avrt<|. il t the party- which pafed ' u0 inau DeLacey poiil t l j, >x, was with them. ■ \ is tlien adjourned for ha% resuming, \ was called, Avho, boinj •' I am a packer, but in the last I was at Sweeney's The prisoner was saw a man of the name of it was on a Saturday May. Tin's was in the of Sweeney's Hotel, I nian I have referred to than that of Tommy. address him by that a short man, with, a 'light subsequently saw liiik at with the witness was alsp-'with them. corner of Tainui-street then went to the Hotel, which is between Sweeney's stables. They ', I then rotuvned to. the Tommy slept at the night. Ido not rev having on that day was, but some afterwards. The on the Saturday I cannot say .Sunday or the the stables a X lUol> ning. . I slept^t tie

-———,/ — ~ ] +lia T, n 1/ * never saw Tommy and " Qi, /company at the stables more 23e occasion. DeLacey, Kelly, and s^ van were speaking together as if li '^id known each other for some time, j J* had a drink with Sullivan, Kelly j-^DeLaeey, on the Ssyturdsiy. I did not. jfServe anything particular about Tommy Sn- the Saturday night. He slept in the same room, in a bunk opposite to me. Cross-examined by Mr Bees : I am certain that the-- witness Sullivan is the third man I saw in the company of Tommy and DeLacoy on the Saturday. Ido not recollect the time. Ido not recollect having seen the witness Sullivan and Tommy in company at any time subsequent to the Saturday. I .xlo not know what time Tommy came in that night. I list raw him about 8 si.ir. on the Sunday morning: He was standing at the door of the hoi el. I cannot say where he went to. DeLacy was about the place at this time. I know a M'Mahon. I cannot say whether he was taking up cows or not on that day. Ido not remember whether DeLacy went away from the stables that May-^ksak-PeLacy again after we had Re-examined by Mr South : When 1 saw Tommy 1 did not take sufficient notice io enable me to say whether he had a cut on his face or not. DeLacy was in the habit of riding, but did not select any particular horse. I do not recollect his riding a grey horse on the Saturday. Prisoner had two grey horses. Benjamin Barnard, being called and sworn, nleposed : I am now a storekeeper, but in the month of May last J-was proI prietor of the Provincial Hotel, Grey--I mouth. The -prisoner came to my house; I he used to call to see Levy, before Burgess, Kelly, and Sullivan came to my house, l' will SAvear that I never told Inspector James, on the Ist December ! instant 1 ; that I had seen Burgess, Kelly, ! Sullivan, and Levy' 011 ten or twelve occasions at my house. . The prisoner saw B'irgcss, Kelly, and Sullivan at my place. j Cross-examined l)y Mr Roes : 1 know that Levy was in the habit of hiring horses from the prisoner, 1 have also seen him pay DeLaey "money on several occasions for horse-hive. j Richard Nancarrow, being called and sworn, deposed : I am manager at Greymouth for Messrs Edwards and Co. ; I am also agent for the Steamship Wallaby; I w;-.3 such in the mouths of May and June last. The tickets now shown to me are in my handwriting, I gave them to De Lacy ; I believe the prisoner gave me the names of Morrison, Leigh, Jones, and Williams ; they are passenger tickets for the Buller. I believe DeLacy paid me for them ; there -was one saloon ticket at L 4, and tln-ee fore-cabin tickets at L 3 o.ich. Cross-examined by Mr Bees : Those tickets were obtained on Saturday, the 2nd day of June. Ido not recollect any person "being with DeLacy when he got the tickets! I believe they were all Issued at the same time. lam not certain that the prisoner got the four tickets. If the tickets were all got at the same time the prisoner must have procured them. Re-examined by Mr South : The steamship Wallaby was intended to leave on the following morning, Sunday. „;. George Randall Say.so-.wsis then called;; and on being sworn deposed : I am an articled pupil to Mr Bain, the Government Surveyor. Un the morning of the :>lst May last, I wan camped at the bridge, behind the shanty, which ia about a mile and a half beyond Greymoii.th, on the Arnold track. I saw prisoner ride by on a white horse, towards the Arnold. This was about half-past 9 a.m. About 20 minutes after the prisoner passed up, I saw Inspector James, Mr Fox, Sergeant Waich, two constables, and two more men. They also passed me, and.i-roceeded along V.xa track towards' tho Arnold. About five mimutes afterwards I saw the prisoner rotuiM.. He stopped at the- shanty, and I asked the- prisoner- whether he had seen the-voiico going up with the storekeepers. He replied that there were no police among the crowd. I persisted in. saying that they were police, and ho then stated that he believed they were. On going up, prisoner asked me where our cut lines were, as. Tainui (an. aborigine) had told him that a.horise he (DeLacy) had turned out about six weeks before was lying dead in si swamp by the Government Survey line, and he (prisoner), was going to see whether it wsis his horse. On his return, ho said that he had seen the horse, and he was ssvtisficd about it. Directly after DeLacy left I also, went to Greymouth, and as I was. coming out from there, between 12 and 1 o'clock, I met Burgess, Kelly, Sullivan, and Wilson. This was on the same day. The counsel for the prisoner declined to sisk the witness any questions. Edward Burton Fox, being called and sworn, deposed : I am a storekeeper' and gold buyer at Mapri Gully. On tho morn r iug of the 31 st of Msiy I was at the Albion Hotel, but about a qnarier to 10 o'clock ;vn. [left Greymouth in company with Inspector James and two diggers. There were some constables in. ambush. . The* prisoner passed Inspector James and myself when we wore about 400 ysirds from the Post Office. I was about tifty yards in advance of Mr James. The prisonerwas riding a white horse. He rode on before us, and got out of sight. In sibout sin hour afterwards he rcpassed us as near |>as I can recollect a little beyond the -abridge. There were about three or four ' bf us who met at Cassius smd Comisky's, 1 \id walked up the Arnold track together. : \>articularised the prisoner as being on ' a\iite horse. On Monday, the 28th of M%, I- arrived by the" boat at Grey mouth a ltt!e\ before three o'clock, and was hurmngVto the bank to deposit the gold wheil theWisoner stopped me, and asked if I wWdlecpiire a horse that trip. I replied, yNoVI don't think so," but on 'second thoughts 1 said thatuf i^ptulxl- get through hiy- Business the next day I might take a ride dtwn on the Wednesday as far as the Teremlkau. I then asked, " Have you got thatimare I rode before ?"y Ho replied, "Yea.'' I also asked him if she could carry me, to the Teremakau and back again in one day. He answered, " comfortably.'/ He had no further conversation with me relative ta the. letter. Cross-exanmidd by Mr Rees ; This is the only time I remember having seen DeLacy during my then stay at Greymouth. lam certain that X met DeLacy immediately after my arrival' at Greymouth, I received/the first intimation of the conspiracy Jjf'rob. me from the police, on the Tlnusifay morning. Mr James called u.po^^ie at half-past six o'clock in

lievc the statement, and told Mr James that he ought not to give credence to such fictitious reports. He still persisted in saying that it was true — that a man had been to the Magistrate and given- information — that my steps had Leon dogged the whole time I was in town ; and to prove it, I would see a n.cv.i pass mo on horseback on the road. When DeLacey passed me, Mr James's and my parfy wire distiuct. The policemen; were behind, and were to keep out of sight if- possible. DoLacy did' not appear to bo anxious to get out of the way when he met us on the track. At this stage the prisoner was remanded till 10 a.m. on Saturday, rend the Court adjourned till that hour. A scries of resolutions were moved in the House of Assembly in August last, by 11 r iUnrray, with the view of securing to each resident of Tasmania, of the .age of 21 years and upwiirds, the power to select for himself 100 acres of land, and on condition that he settles on and improves it to receive a free ysmt of it, securing the land to- him and his heirs fur ever. These resolutions are attracting great attention amongst the thousands of Repatriated Tasmanians now in Victoria, New "i^i^ftteiaads*^ .. Numerous letters have'Veei^^dy^FT^^Sfci^^pi^^ full of eager inquiries i^to'-wlieii^^his^valit-^ able piece of legislation will become the law of the land ; and assuring their relatives and friends here that the instant they have tins power of selecting a portion of their fatherland as their right, they will return home, and make up their minds never to wander from Tasmania agsiin. We have seen several letters received from young men now at Auckland, Wellington, Duuclin, Invcrcargill, ami Hokitikn, others from different parts of Victoria, and two from Queensland, in which this subject forms the principal topic, and indeed appears to have been the nicriins of causing numerous wanderers to resume a correspondence Avhich had been for some time broken off, and might never have been resumed had not this measure of justice awakened in their breasts a hope that they might yet rc-tnrn and make for themselves and those they love dearest a permanent homo in their native land.— Cornwall Chronicle. What tiik Q.ukrn* tiitxks ov Low-r.UE.-vsTKi) Diuwsks. — Attention lias been ■ lepeatcdly called of late to an increasing tendency among the female portion of the Una 'ihoii'Jk to limit themselves to such scantiness of toilette, in their evening attire, as to offend good taste, if not decency itself. According to the well informed London correspondent of SuitmhWx Js r ein.i Letter, the offence lias received a heavy blow anil severe discouragement in the very highest quarter, wliieh it is hoped nijvy perhaps turn the fashion — for it is only that, after all— in a more decorous direction. Hero is the story as it is told in tbe correspondence adverted to : — Society is jusfc now discussing a, little incident which took place at the last Court held by the Queen leforc her departure for Balmoral. A lady — and one of considerable rank, too — appeared there in a costume in which tlr's reprehensible fault -was carried to such an extent as to draw all eyes upon her in amazement even in the ante-rooms. When she 'approached the Roysil presence, it is related that the Queen for a moment looked perfectly astounded ; but in the next instant drew herself up in the most marked displeasure, ami barely returned the salutation addressed to her. Tho moment the lady in question had passed, the Queen intimated to the Lord Chamberlain her desire that she should never bo permitted to appear at Court again. It irt to be hoped that a reprimand so publicly- given and so justly deserved,. may open the eyes of some of our yi'itmle* daman to the real nature of the ilagrant sins of bad taste, which, out of hcedlessness, far more than laxity, I really believe, they are daily, or rather nightly, committing and sanction-