The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1873-09-06 00:00:00

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The Lord Chief Justice said the court mud !Where to its
decidou.

Charles Jana, recalled from Friday, mid arosexamined
by Mr. Berleant Parry I was In Australia from 1861 to 1861.
1 last am Tom Castro at Mount Gambia. I made a mistake
on Frldwy to saying that I saw Tom Castro and Arthur Orton
at Friar's Creek In 1861. 14 should bare bean 1858. I have
referred to my meat tickets and discovered the mistake. I
bare not been told stone Friday that I then Sold • pack of
iles. I saw Dykes on Friday and this leonlog, but 1 have not
been minting with him. I can produce siy meat tickets. 1
conversed with Dykiss for five minutes this morning, but not
about this ome. A man can't always think of everything. I
looked at my meat Uchida yesterday. I thought there was
some HUM mistake 'hint It, and when 1 got holm I knew it. I
rooks of it to a friend this morning. hanaledi had made a
mistake assoon as I got out of court on Friday. Mfstatement
on Friday that I saw them in Castleroalne in 1864 la also in-
correct and so Is my statement that I saw them together
In 1866 I saw {Min together In 1668 at Friar's Omsk for this
first time ; and anshi in that year at Castlsmaine and at Ben-
dier.. lii, them for the last time at Mount Gambia in the
Maly part of 1861). They always appeared to be bush-
ranging—highwayman. Brumy Brown, Ben Buckles, Con
and Dan Riley. and a man named Wiltshire, well known
highwaymen and bnahrangars who. Csatro's oompantons.
Not one of them has been °mulcted I was not one of Sham
When May railed at my shambles I served thorn with meat
and grog. hollowed the diggings. herved any one with
meat and grog; I was never particular. 1 was DOM in any
difficulty In Australia—not even about horse.. I was always
• respactable sly Frogmen and butcher (laughter). I
was st the Swan River settlement In 1861. 1 went out In the
Travanscour as hutch*, 1 imialned there ten months.

no Lord Chief Justice directed the witness to fetch
the meat tictele referred to directly and bring then Into
court.

Hayden, the third wltnem who eras bound over on Fri lay
in £5O to appear for mots examination, was next called.
Cross-examined by Mr. Hawkins : left England for Am-
trails in 1654. The first time I saw Caatro was In Omeo, in
the latter part of 1558. I caul swear to within a year, but!
can within two yearn. I was then • drover, and having my
hones shod at Omeo. In. him at intone!, during the three
day. ivan there leant swear to having had • coovervation
with him, or who I saw with him. I text saw him at Tumbr-
rumba diggings, in February. 1880, I woke to him thou. but
Ido not recollect the conversation. I woe there with the
vfew of .• sellin, in," having a trial at the digging..
111. not far horn Sydney. I rAtueln.4l at Tumherucuba too
days. I saw the defendant often at Tumult In 1861. lie was
looking after some stray horses. 1 .1,1 n.,t ask him what he
had been doing to gain • living. I saw him there one day
only. I was smut half an hour In his company. Esti°
111..Collum wee with him at Turnlxrumba. Castro did not
keep • shop there. I can give no precise dates. I sow the
defendant at Aldbory, bail cannot As the yea. It most
have been eighteen months before I lett Ansitalia. I
loaded in England • month before the Great Exhibition
cloned In 1882. 1 last an. Arthur Orrou at Collingwood, two
miles from Melbourne, the latter end of 1854, or the begin-
ning ef 1855. I saw him within ten days ot my arrival there.
I should know him again if t were to see him. I saw him
once • week for throe or four months He tram butchering ell
the time. I was • drover, and suppliel the lielbouro•
butcher/ we, Ely with catt,o. (The rhotogr..ph p winced, end
*Mc'. was shown to 0.0 prol on Acitatigu altec this
witness was Amebae to actually as Arthur Orion) It
wag totally different to him. Is le not in the least like
him. He was a tall man, hot pal tion!in ly .tout. ills con.
variation was low. He might have ben 21 or 21 years of
age. Ile had rather high round shoulders Ile walked with
a loose gall, with the right foot turned oat. His feet
were large, and he had lure hands. I did not notice
gt. Vitus*. dance or anything; peculiar about his face I
did not see him after 1814. My attention wu called to de-
fendant about 12 months since. I heard It sail during the
last trial that he was Arthur Orton. I Sold On. Attwocd,
defendant's hall, of Nottlett.MlL what I could nay about
Orion. I had previonaly recognised the defendant In his
broogham Si Tom Costrs I Immediately recogolsed him.
At Tomtit& he wore whiskers, beard, and monstalm, and he
wore the boshman's drew I dli not notice" there the twitch
of the eye.
By the Lord Chief Jostle*: The defendant did not con-
tradict the statement at Om eo that be had been stock-keeper
for Mr. Foster, at Bolsdale. I was on the road home to
Melbourne when I mid him at Aldbury. I vas only there a
day and night.

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The next Idioms, on. Phillip', said be ha" been to Aus-
tralia, and landed at Melbourne In 1864. He went to Ben-
digo, to the diggings, and afterward" went to several other
place. and then came back to Bendlgo. He had, he said,
became acquainted with Arthur Orion, and Ant new him at
Reedit° Omit 1867-8. Hs described Orton as about Ilft. 1010.
high, and s largo-limbed man, with full face and
large features. He noticed nothing particular about his bands
or feet. While he was away he had eome horses stolen, and
he wont to Castlemaine to look aS Ler them. He went into • sale
yard, and while .tending there he saw a man enter the yard
riding hie hone. It wan the man he had known at Bandit°
Hs gave him in charge of the police, and hew, taken before
a Justice, who committed him for trial. The man wee kept
In custmly for two or times months until the trial came on.
Witness appeared egatnat him at the trial, and the mall said
he had bought the horse and As was acquitted, but the horse
was returned to witneas. That man, the witness said, he
had never seen eines, and being asked if the defendant
wee that man he said he waa not.

(The defendant in his cross-esamination submitted he was
charged at Casttamable with hone stealing in 1839, only, he
sold, it was along with Orion.

The witness went an to state that he had been examined as
a witnem on the part of the Crown, and they had brought
him to this Court two or three Dines, where he had men the
defendant, and he told thou that he arse not Shim.. he had
known sa Orton.
The Lori) Chief leetios : What year was thD matter of the
hone I—ls mu in 1857 or 868.
Mr. Justice Lath: The year you became 'ovulated with
him 7—Yr 11.11 the colony in 1869 and it was not very
long before I left—perhaps 15 month.. lam sure this la not
theiman. Thai. le no Ilk mess ta the man I prosecuted.
The Lord Chief Indica ; Did you prommite him by the name
if Orton 7—No; the name of Scott. That was the name he
had given.
You knew him.. Orton I—Yes.
Did you inform the magistrate that be arm Orton 7—l dotal
remember that I did

Mr. See leant Parry, In croas-examination : That's strange,
ii It not I—lt would be u in this country perhaps—not
there. If I had known that his name woe really Orton,
perhaps I should hove said so.
You had known him is Orton I—A few month. but I did
not know whether his name woo really Orton or 17ott.
When you first described him, did you not say he was
ISM. gbh or lain. I—l might have said so.
A big man, and Inclined to be fleshy I—Yes, he was in-
clined to be so.
And rather full fa 'ed f—Yes, no doubt.
&own hair?—! think no.
Now, are you quite sure you see no likens. to the defend.
ant Seth@ mu you knew I—l don't see any !Menem
Wu that always your impreuion I—lt was, the first time I
saw hlm.
Did you not say he wen something like the man but you
should not like to say sot—No.
About .in weeks ago whon you nsw the defendant, did you
not say solo this gentleman (one of the clerks of the Treasury
Sollcitor)l—I did not say W.
Did nothing of the kind pus through your mind /—I don't
think so.
You don't think no em positive he is not the man.
Look at the photograph (of the defendant); was not that
shown to you 7—Two were shown to me. I daresay this is
ono of them.
Ilse, you been that ons I—l think so.
Did you rot nay you thought the i.e. like that of the man
wh wan tried h r stealing your horse /—(Witneu hesitated).
mist.. full-faced man.

-Tr; LOr-doiiie-i/TisiFce : Ao.wer the question.
lir. gerjeant Perry Did you not say you thought the ism
like theta the man /-1 might have said so. I old tell him
one. wealth. him.

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Did yoa not eay Dim like hire, but you should not like to
swear It was • Wrenn., of the man known to you se Arthur
Ortont—Yee.

Look at that photograph (producing another of the de
fendant). did you not my that but tel an appearance o
baldness it was more like the man than the other, and that
It was more about the she of Um man at the of the
horm dealing —Yes.
And I. that 41m7—it Is.

In r.eumlnllon tie—vancia odd that when he saw the
defendant he said he was not the Esme man. [This was only
two or three months ago
The Lord Chief Jantloe: Have you any means of firing the
data of the procieution I—No.
You were residing at Ili nillgo
Wag Orton resoling there saw him frequently about.
Wee there any othi r ease of hone snailoo you know Of at
Castlemaine, in which he was amused I—Not that I know
of.
Dld you yrorctite.clatr? wiSh Ottout—No.

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Orket was °barged by himself I—Yes.
A furor: Did you give hLm n charge by any 111111116 I—He
gave the name of Scott.
Kr. Juatlce : You had not heard him called so
before fr-No.
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How long you seen him about /—Three or four montha
What wee he doing t—l did not know.
The Lord Chief lastioe :110. did you know he wee oTton
—He passed an such.
By the name of Arthur Orton I—Yes.
How long; In 1867 or 16687—1 could not my which.
Are you sure you mw him In In 18681—i thprk so
Are you sure 7—About that time.
Mr. Justine Mellor: Did you ever hear him celled by name?
—No.

A -juror referred to the statement t the defendant that he
had had boon charged In 1859. at Castleman', with.
a bore.; only he stated that he and Orton wen
together.
The Lord Chid Jutted : You left In 18591—Yea
And this was some two months before you MR f—Tin
Mc hunks Miller: Had be a beard l—A Me% and a 1111/4
whisker.