THE MUDGEE MAIL ROBBERY.
     

THE MUDGEE MAIL ROBBERY.

CHARGE OF POSSESSING STOLEN MONEYS. (From the Bathurst Free Press, January 21)

AT the Police Court, on Thursday, tho 19th instant, before Dr. Palmer, P.M.

GRENVILLE v. ASHWORTH.-In this case the defendant was charged on the information of Mr. Greville, manager of the Australian Joint Stock Bank, with having a £50 note in his possession which had been stolen from the Mudgee mail. Mr. Pownall appeared for the prosecution. The defendant pleaded not guilty, and was undefended. Mr. Pownall opened the case before the Bench, and made some remarks upon the statements made by Mr. Ashworth, and said that as he might feel called upon to ask for a remand, he should for the present confine himself to making out a prima facie case. He would show that Dwyer, from whom Mr. Ashworth received the note, was not such a per son as described by the defendant, and he was of opinion that under such circumstances the Bench would be justified in calling upon the defendant to account for his possession of the note.- William Charles Greville, manager of the Australian Joint Stock Bank, Bathurst, deposed : On Saturday morning, the 20th August, 1864, at about half past ten o'clock, my attention was called by the teller of the Bank to the fact that one of the stolen £50 notes from the Mudgee mail robbery on tho 11th of July, 1863, was being paid into the bank ; I immediately went to the counter, asked the person his name, he said it was Henry Readford ; I asked him where he got the note, and he said

he got it at the Commercial Bank a few moments before, in   payment of a cheque ; I produced the note; it is dated 1st   September, I860, and No. 23,726 of the Commercial Bank, Sydney, for £60 ; I immediately went up to the Commer cial Bank, and I found that a £50 note had been paid there to Mr. Readford a fow moments previously , I then communicated with Mr. Lydiard and put the matter into his hands; I afterwards saw Mr. Ashworth on the 24th of     August, about half-past three o'clock. As I was walking near  

the bank, and I accosted him ; he said he had been unwell for some days, and I said to him, " so one of the stolen £50 notes has been traced to you ; and he said, " Yes, Mr. Bushby and Mr. Lydiard were with me on Saturday even ing about it; he said, "it was a curious way it got into     my hands ;" and I said how is that; he said that on   the 23rd July last as he was coming from the back of his counter, just after dinner, a little after two, or between two and three o'clock, he observed a man purchasing a pair of girths from one of the shopmen; he was in the act of pay   ing for the girths, and having recognised him as a man named Michael Dwyer, who had owed £3 8s. or £3 18s. for a saddle for upwards of five years, purchased from the per son who had on , interest in the business previous to his taking entire charge of it, he came round and accosted the man and said " Old fellow, you have owed me £3 odd for upwards of five years, and you may as well pay me;" taking the £50 note from a roll of notes which he had in his side pocket ; the two next notes to which he (Ash worth) would swear were £50 notes, exactly like that shewn to him by.Mr. Lydiard; Ashworth said ho took the note, referred to his book, gave the man change and a receipt, that the man then went away and he never saw or heard anything of him since that time; I asked him if his   suspicions were not aroused at seeing such a man with so much money in his possession, and he said "No;" I asked him if he had not made enquiries of the man as to his whereabouts, and what he had been doing, and he said he had merely remarked to him "I suppose, old fellow, you have been making your pile at the diggings," and Dwyer said, " No, I have been knocking about Victoria ;" I asked  

Ashworth for a description of the man, he said he was about five feet nine inches high, rather stiff built and of a ruddy complexion, he was between thirty and forty years     of age, had fair hair and a rather thick bushy red beard under his chin; I asked him if he knew anything of the history tf the man and he said 'Yes, the Michael Dwyer is a son or nephew, but I think a son, of one Peter Dwyer who       lad lived for years at the Pyramul and kept a shanty     there," at any rate he said he lived there when he incurred     the debt; however, he said "I know that M'Kell         the auctioneer knows that family well ; I will tee him this evcnji,, and let }ou know whit h» i-rjsin fl c norning , he then pi omi ed to cio nil that lnyin his r°'ttcr to fcnet *' c matter out for me, nnl left me on the folk wing Frw a} I i tot him again, and ho told mo that he met M'Kell but that M Kell did not «cm to know %crv much about these people, but referred him to Edw ni d Hughes or to a man living next dooi to hin for information about the Dwjors, but, said ashworth, ' I was m a hnrrv when I met M Kell I hud not much time to srenk to him upon the matter, but I will seo hun again this evening, for 1 am sure ho must know tho Dwyers, becnuso thej used to stn} nt his h use when thev came te town, ' he said " I will see Hughes or the i arty mentioned by M Kell this evening, ' and ho would let me know tho result of the conversation immediately afterwards, howcvci, he seid "if nono of fheso parties know Dwjer I know who does", I saul who ' ho s»id "Jclm Ford,' I said ho is m Sydne} now, }Oti lind bettti write to him, and he said No, he will be back m a da} or two, nnd I wall call upon him immediately ho re

turns from S} dnt} , I asked him how Tord knew Dwver , ho fold mo that the Dwyers m question lived on tho Mae nuar e, next to John Fords station, for several } ears, I flunk with the exception of once after that I did not speak to Ashw orth about the matter, and then I think it was merely to nsk lum if ho hnd seen Mr Ford, I never show ed tho note to Mr Ashworth, I gai o it to Mr L}dinrd after putting ni} initials on it on the first occasion of my speaking to Ashw crth I asked him if ho thought the £50 note which Mr Lwliard had shewn him was the note he took from Dwjer, and ho said from the nrpearnuce of the note and the marks upon it hr thought it was, it was very like it, the noto pro- duced is one of those stolen from the Mudgee mail it is one of those stolen on the occasion of the robbery for which Toley was convicted, I produce the original nanationof the stolen notes mndc bv Ml Gillhnm, the then manager of the bank at Mudgee, and tho note produced is ono of the notes referred to m that narration, I have not recoiv ed an} inf¡ rmation about Dwyer from Mr Ashworth to the bust of my knowledge In reply to the defendant I swear that you had all tho cinvcrtntitns with mo that I have stated before the Court The defendant said that he had not had one sixth of tho conversations referred to, and ho would reserve lus cross

cxnmmnticn-Charles Lydiard, Superintendent of Police in the Western districts, deposed that he had several con- ventions with the defendant with reference to a note He said I received tho note produced horn Mr Greville on the 20th Au0ust, 1864, for the purpose of tracing it, from nforrontion received I went to the defendant on the samo tiínwg and nsked bim if he knew that note, he said

"\ es , I know it bv the dut on that n"ht hand comer, nnd paid it into the Commercinl Bank,' I asked lum from wl om he got it, he said from a man named Michael Dwyer, who carne to his shop on the 23rd of Juh about sundown, rta he heil owed lum (Ashworth) an account for seven or ci¡.ht \cnr* he nsked lum to pn} tho account the amount ot which was ¿3 odd, Dw}er said he would do so if h° (Afhwcrth) would change a £50 note, wluch he did, giving lum, in pnit chnnpe, a cheque for £7 12s as he had not mflicicnt cf-h m the house, I asked Ashworth if ho had interrogated the man as to where ho got tho note, and he said No, he had not , ho did not think of it , I said it was not ever} dny a man took a £90 note and he ought to lune urde some inquiry abtut it, he saul " I might have done if , he said the man Dwjer nad a handful of notes beside these, and ho could almost bwear (hat two of them were i )0 nctes, I said it was very curious and we must trj and find Dwyci, and I asked him for his description, Ash v oith said I will give you his description to morrow ' I tim placed the case m the hands of a detective, I did not Frcpk to Ashworth ii"iun about the matter until the 2nd or 'rd >oven Îcr, I then a ked him if he had heard anj tl ing furtl ci of Dwyci , ho said, No, Ashworth never pave nie ti c descnptitn of Dwjer, I did not ask him for a tlcscnptior aitci tho time he pronuscd to gno it rae the next n onin g I know the note pioduced b\ the initial» of Air Grevilk, w Inch I saw placed upon it To defendant

AMien 1 asked }ou if that was tho note MU «nid }ou could not swear - to it, but vcu lehe ed it was b} the dirt on the corner -Ihoirn" Lvnu° a detective constable, deposnd I w is in En hurst ii. tue 'a ter part of last }car, and received some n stivtction« m consequence of which I went te Mr Ash w orth on ti o i^trd of Al gust, I had been there on tho pro

v ous da} and heard ho wns unwell, on tho 23rd I went i o stairs i nd Favv hint m bed, I fold hun I w anted the (\ cnption of the man norn whom he had received the £30 note which had been paid into the bank, he called Mrs Ashworth to pi educo clio book», r Jon referring to the lrac.er ho shewed mo where n ebt had b°en owing bv Michael Dwyer unce 18r or 18o5, and had been paid on ti c 28th Jul} b} tho £oG note, he said it was paid in the evening when tho men were gono to tea, and there was no pel son in the shop at tho t mo but himself and Dw}er, I i sled him to descube tho man , he said he was about forty j ears of n c e fh e fet t clev en inches high, stout built, sandy hair nrd whiskers son or a nephew of Peter Dw}er Of ti e P}ian ul or the Mecquanc, who once kept a shanty ni cut a week nftei this I °aw ashworth again, and learned from lum that a son of Petei Dvrvei had been an apprentice in the sht p, on the 2nd September I sow Mr Vshwoi th ngnin, he said he had not heaid anything fiuthei, but thet fhoPctei Dwjer ho meant had married Brewer White's dauuhtei at anothei time Ashworth promised to seo ur Ioiu nnd rscertnra from him where Alichncl Dvv}ei lived, I called scv oral tunes on Air Ashworth, but could get no nnswer from Mi loid, Air ashworth referred me to Edwaid Hughes tho butcher, wl o he said, woull be likely to inform mc where Dwver could be found Iwioto to Kell}, «enior constnble nt lambuoorn told \shworth that the nnswer wns, thai the fumihol Dwyers were at Bun- gendore, nd had not been at Pyramul for tho last thiee or foin }cnrs, Ashworth also promised to co with me to seo a man named Dwjer, who hves at Evins Plains, hut ho did not ¿o, I went by ni}self nnd asccrtni ed that that Dwver had never dealt with Mr Ashwtrth, I have rando diligent inquines rnd have ascertained that there is a v oung m in nnmed Michael Dwyer, son of a Peter Dw}cr, tut he does not anew ei the description given b} Mr Ashw crth , I told Mr Ashworth that I could not find Dwyci , ho appealed willing to gno me what information ho could-Thomas Kelly, senior constable, deposed: I am stationed at Tam baroora, that is about twelve miles from Pyramul, I have been stationed at Tambaroora nearly thirteen years, and am     pretty well acquainted with Pyramul; I know a man named Peter Dwyer; he lived in Pyramul five or six         years, he moved froim Tambaroora there; he was a     labouring man , I knew his son Michael; I have known   him about eight years; I think he is about twenty -four years       old, I knew h s mother, her maiden name was White,   I saw MitLael Dwyer last about two years ago, his height is about five feet ten inches, broad shoulders, smartly made,   brown hair, sallow complexion, long face; I do not know any other Michael Dwyer, the Dwyers left Pyramul to go to Bungendore; Michael Dwyer's aunt is still living at     Tambaroora and from her I learnt where the Dwyers are living; there is not another family of Dwyers in the district that I am aware of; I have heard that Michael Dwyer was   apprenticed to a «saddler in Bathurst-John Ford, being     sworn, said I have heard of a family named Dwyer many   years ago but I did not know them, I know a Dwyer at Piper's Flat, but that is not the Peter Dwyer I refer to, Mr Ashworth has never made any inquiries of me about a man named Dwyer, I have met Mr Ashworth once or twice durng the last six months. To Mr Ashworth I have heard of a Peter Dwyer of the Belubula-Thomas Jones deposed I know Henry Readford, I went with him to the Commercial Bank, where he exchanged a checque we then went to the Joint Stock Brak and I smv Rcndford hand the monej he had got at the Comn ercnl Bank to the tellei foi tho purpose of for w aiding to the bank at Mudgee amongst th» notes handed m bj Mr Readford was a £50 note ho was asked where io got it, nnd I replied, he got it at tho Commercial Bank , ti is took place some months ago, but I do not recollect tho date -J A H Poulton deposed ho was a teller m tho Ci nimercinl Bank, Bathurst , Mi Ashworth banks there , do not rccepmso the note produced , a £50 note was de 1 osited b} Mi Ashworth on the 2oth Julv, there was ord} ci o £50 noto deposited that daj , had not a £o0 note in the cash given rut to him on that dav had the note m the cash till the 30th July , had no other £50 note between those tunis it was then pent to the Bank of New South AVnlcs in the course of business on tho 1st August n £o0 no'« carno from that bank, but I can- not say it was the samo one, as it onl} nppeared ? 'li0 ei£clfica{lon > received a £o0 note on that daj, but do not know where from, the noto was held in the cnRh till tho 20th August, when it was paid to a Mr Readford, dont remember who wns with him, as it was o I UM daj , tho manager of the Joint Stock Bank communi- cated with witness afterwards, don t know whether it was the same note handed to Readford as wns afterwards given te him bv Mr Greville To the Bench! Do not often recen o £o0 notes over the counter, except from countrj customers, have received about foui dunng tho last vear The Bank is ni the habit of depositing a £50 note at the end of every monlh at the Bnnlc of Now South Wales for a specific object AA hen witness received a note surnlar to tho one produced from Mr Ashworth he did not know it was a stolen ene, did not oxnmmo the £50 note that nppeared on the specification of cash, a £50 note is paul on one dav, and n £¿0 note returned the next day, only got one back cn this occasion -John Busby deposed ho WOB nienngei of the Commercial Bank, Bathurst, Mr Ash- worth keeps nn account there, remembers Mr Greville coming to him with a £50 note on tho 20th August, one of thoso alleged to be stolen from tho Mudgee mail, do not recognise tho note produced, ho showed witness a £50noie, but he «mid not swear to tho one produced , the teller told Mr Ashworth hnd paid in a £50 note on a particular day, saw Mr Ashworth tho samo dav, asked him if ho remem- bered paying in a £50 note a few weeks before, he said

V* , ' told him it hod leen stated that it was one of thoso stolen from the Mudgee mail, and asked lum where he got it from , he told witness , ho forgets the name he turned tip an account book showing the dav ho received the monev, but do not remember now what dav it was, Mr Ashworth said he would give Mr Lydiard oil the information ho could, dont remember having seen the note

T ?' Í5? not?* nr0 not of frequent currency -John Johnston deposed He was accountant i?rA Bank of Now South AVales, remembers receiving a £öO note from the Commercial Bank but cannot say on what day, the not« however went haok to that bank ; it; would be

sent back in the next exchange of notes; does not remern, ber receiving moro than one £50 note from tho Commercial Bank ; notes would go buck at the next exchange ; does not H member receiving another £50 note from tho Commercial Bank about July or August. To the Bench : Ssnt tho mme note lack as he received but did not toke the number ci it ; ¿ces not oftenfreceive £50 notes in tlio course of busi- ness, lut hns done so occasionally. Mr. Pownall applied icr an adjournment, which Mr. Ashworth objected to. The Bench decided t' at there was not sufficient identity of tha note to satisfy him to send the case before a jury. The e is.1 vus accordingly dismissed.