MADDEN: PRESS CLIPPINGS

BURRANGONG ARGUS
SATURDAY, 1ST APRIL 1865

LOCAL INTELLIGENCE

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POLICE COURT, YOUNG
Saturday, 25th March

(Before the Police Magistrate)

JOHN MADDEN was again brought up on remand.

J.A. Murphy said he was a storekeeper at Murrumburrah, and that the robbing of his dray was reported to him on the 9 th March, and that he then went to the dray and found the rope cut.

Madden, in his defence, said that he agreed to shift a family from the Three Mile to three or four miles the other side of Murrumburrah. He reached this place on Wednesday at about three o'clock, and camped there that night. The next morning (Thursday) he left and came through Murrumburrah. He then agreed to fetch a load of goods from the Flat for old Mr Murphy. His son drove the load a little this side of Murrumburrah, and saw a case lying on the road, and asked him if he should take it. Madden said he would gather up the loose straw for a bed. He put the straw in the case and then put the bottles of vinegar in it. He then put the case on the dray, and took it and the vinegar bottles. He did not know he ought to have reported the affair to the police, but intended to report it to Mr Murphy if he saw him.

Ben. Woodhead said he rode on Madden's dray to his home, where Madden camped. Saw no drays on the road, and reached home about an hour before dark. Madden slept under his dray that night. The next morning about eight o'clock he left for Murrumburrah.

Remanded till Monday.

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BURRANGONG ARGUS
MONDAY, MARCH 27th

(Before the Police Magistrate)

JOHN MADDEN was again brought up on remand.

John Menzie was sworn, and said: On Wednesday night Madden slept under his dray, he went to bed under it at about 11 o'clock.

Patrick Madden, son of the prisoner, said he was with his father on Wednesday. They got to where they stopped, about four o'clock in the afternoon. His father and himself slept under the dray that night. He got up several times to look after the bullocks, but his father never did, and was always asleep when he returned. His father never left his bed at all. At about eight o'clock next morning they left and, about a quarter of a mile from Murrumburrah, he saw a case on the road. His father said, “bother the case, we will take the straw for a bed. Father said, “the case might have fell off Murphy's drays, perhaps we shall find another.” The top was off the case. The case was on the road from Murrumburrah to the Flat.

Committed for trial at Yass. Bail allowed.

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THE YASS COURIER
WEDNESDAY, MAY 17, 1865

YASS COURT OF QUARTER SESSIONS
Monday, May 15

The court was opened this morning before District Court Judge Meymott. The following advocates were present - W.R. Templeton, Esq., Crown Prosecutor, Messrs Allman, Wilkinson, and Walsh, from Goulburn.

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The following cases were disposed of yesterday, a full report of which will appear in next issue:-

John Madden charged with stealing, at Murrumburrah, on the 9th March, thirty-six bottle of vinegar, the property of J.A. Murphy, was acquitted. Mr Walsh defended the prisoner .

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John Madden, the prisoner who had previously been acquitted, was then charged with stealing the case, which contained the vinegar, and was found guilty. Sentence: Three years' hard labour on the roads. Mr Walsh defended the prisoner.

THE YASS COURIER
SATURDAY, MAY 20, 1865.

LOCAL & GENERAL INTELLIGENCE

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YASS COURT OF QUARTER SESSIONS
Before Judge Meymott.

TUESDAY, MAY 16.

LARCENY AT MURRUMBURRAH.

John Madden, on bail, was charged with having, at Murrumburrah, on the 9th March, stolen thirty six bottles of vinegar and thirty-six bottles, the property of J.A. Murphy. A second count charged the prisoner with having feloniously received the same.

The prisoner pleaded not guilty, and was defended by Mr Walsh.

The Crown Prosecutor having stated the case, called Senior-sergeant Musgrove, who deposed: I apprehended prisoner on the 11th March for stealing a box of vinegar belonging to John Murphy; after confining him in the lockup. I searched his house and found the case produced and eleven bottles of vinegar; I showed them to him; he said he knew nothing about them; the next morning I asked him if he knew anything about the case; he said he found it on the Murrumburrah road; I did not show him the case the second time; I found the vinegar in prisoner's house, and the case at the back of it; I showed the case to Mr Murphy, who claimed in the Police Court.

John Murphy deposed: I am a storekeeper, and live at Murrumburrah: on the 6th March I loaded drays at Binalong with different kinds of goods; the carrier's name is Richard Henry; one of the cases contained thirty-six quart bottles of vinegar; the case produced is the same; Mrs Kennedy, of the Imperial Hotel, at Young, afterwards showed me a bottle of vinegar; I packed the goods myself, the case was an original package; it was in the same state as it came from England; I did not see it after I put it on the dray; it was branded M.M.

To Mr Walsh: All our goods are branded M.M. like what is on the case; I may have sold a case having a similar brand.

To the Crown Prosecutor: We bought it as vinegar; it is marked as such on the end of the case.

Richard Henry deposed: I am a labourer and live at Binalong; in March last I was employed to carry goods from Binalong to Murrumburrah; I cannot swear I took the case produced; I delivered the goods in the same condition as I received them; it was two days between my leaving Binalong till I reached Murrumburrah; on my arrival there I missed a case; I afterwards gave information to Mr Murphy.

This was the case for the Crown.

Mr Walsh submitted there was no evidence for the Crown. The prisoner had been indicted for stealing thirty-six bottles of vinegar, but there was no evidence to show that the case contained vinegar.

His Honour thought that there was sufficient evidence to go to the jury.

Mr Walsh asked his Honour to reserve the point; that he ought to tell the jury that there was no larceny of the thing laid against the prisoner in the information.

Mr Walsh addressed the jury.

The Crown Prosecutor replied. His Honour summed up, and the jury acquitted the prisoner on both counts.

The Crown Prosecutor stated that he intended to put the prisoner on trial on another charge.

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LARCENY AT MURRUMBURRAH

John Madden was charged with having, at Murrumburrah, on the 9th March, stolen one packing case, the property of John Murphy. A second count charged the prisoner with feloniously receiving.

The prisoner was defended by Mr Walsh.

The evidence was precisely the same as in the last case against the prisoner.

The jury returned a verdict of guilty.

The prisoner called on the prosecutor for a character. Mr Murphy said he had known him for about two years, and had once employed him. On that occasion he had no fault to find with his conduct.

Sergeant Scully stated he had heard from senior-sergeant Musgrove that the prisoner had been sentenced to six weeks' imprisonment for stealing a pair of shears from Mr Watt, at Lambing Flat.

Prisoner acknowledged that he had received that punishment, but had been convicted wrongfully.

Sentence, three years' hard labour on the roads.