James Darton was the husband of Agnes Symington and the father of Charlie and Aggie Darton who inherited Berringa Park from their cousin James Symington in 1920.

He held a wide range of responsible positions with the Yackandandah Shire and the Education Department. He had been the Shire Secretary and a local head teacher and was highly regarded in the Yackandandah community. He was a freemason and a committed elder of the Presbyterian Church in Yackandandah and a secretary to the Athenaeum. However, his integrity came under scrutiny in 1871 when he failed to have the Shire account books ready for a government audit. The auditor disapproved of his method of book-keeping and Darton was censured for removing the books from the office and not having them ready for audit. After pursuing an unpopular prosecution for an alleged theft from the Shire Office, he lost his position as Shire Secretary and Clerk of Courts at Yackandandah.

James Darton died aged 66 on 17 September 1897 at his home, 45 Lisson Grove Hawthorn [1] and was buried in the Yackandandah Cemetery beside the grave of his uncle, William Symington of Berringa Park. He left a will, dated 12 January 1884, in which all his assets were left to his wife Agnes. The will was witnessed by his nephew, James Symington of Huon Lane. [2] Probate Administration files reveal that he also owned two properties in the Township of Yackandandah: House and land, Allotment 8, Section 3, valued at £300 and land Allotment 4, Section 3 valued at £12. [3]

James Lionel Hill Darton was born in Plymouth on 18 October 1830. [4] His parents were Richard Darton and Jane Frost Michelmore who married at St Mary's, Plympton, Devon on 23 May 1808. Plymouth Rate Books for 1828 have Richard Darton in New Street, Plymouth, next door to the Gibraltar Inn. He sailed to Melbourne on the Himalaya as a personal clerk, departing Plymouth 9 July 1852 and arriving on October 1852.

In 1855 he advertised his services as a tent maker in the Beechworth district, including Foot Bridge, Spring Creek and New Rush, Nine-mile. [5]

He entered business with his elder brother Thomas as a sail and tent maker. In 1857 they were trading as general merchants in Ford Street, Beechworth. [6] Thomas Darton 1825-1909 had been living in a boarding at the Eastern Market in Melbourne, where was trading as a tent maker. [7]

In 1857, James Darton was living at the nine-mile creek near Beechworth when his brother-in-law James Symington 1828-1908 was forced to have a warrant issued against him to recover a debt of £86 6 shillings. An amount of £73 was levied on the goods and chattels of the defendant who did not possess any other assets. [8]

On 18 June 1857 he married Agnes Symington on the premises of Mr. James Ingram in Camp Street, Beechworth.

In 1863 he was involved in a buggy crash at Beechworth. He was shaken but uninjured. He was then employed as an agent for the "Ovens Constitution." [9]

By 1866, he was living in Hammond Street, Yackandandah. He went on to secure a number of responsible positions in local government and in 1868 was appointed Shire Secretary [10] and Clerk of Courts. Yackandandah had been proclaimed a shire in 1864.

He accumulated an impressive curriculum vitae. The following is a resume of his numerous appointments, as recorded in the Victorian Government Gazette:

1867 Trustee Yackandandah Cemetery 13 September 1867 Issue No 100 page 1731

1868 Appointed as a trustee of Yackandandah Cemetery 10 June No 61 page 1

1869 Appointed acting Clerk of Courts of the County Court, Court of Mines and Petty Sessions at Yackandandah 30 April No 22 page 670

1869 Appointed Electoral Registrar for the Yackandandah Division of the Ovens District and Eastern Province May 14 No 24 page 730

1869 Appointed Deputy Registrar (acting) of Births and Deaths for the Yackandandah District 25 June No. 30 page 920

1869 Warden’s clerk (temporary), Yackandandah July 2 No 31 page 951

1869 Agent of the Board of Land and Works, Yackandandah July 23 No 35 page 1081

1870 James H. Darton authorised as Officer to Issue Licenses (to enter Crown Leases under the Land Act 1869) 11 February No. 11 page 278

1870 Registrar of County Court, Clerk of Petty Sessions and Clerk of Court of Mines Yackandandah 23 September 1870 No 63 page 1418

1872 James Hill Darton appointed to the committee of Yackandandah School Number 1103 28 March No. 19 page 639

Apart from the above-mentioned, in 1863 he was appointed as Rate Collector for the Yackandandah Roads Board; he was appointed Secretary to the Yackandandah Shire Council in 1866 and held that position until 1873 (Victorian Municipal Directories).

In 1871 he held the position of Registrar at the Yackandandah County Court.

OTHER ACTIVITIES

James Darton served his community at Yackandandah in many worthy activities, including:

British and Foreign Bible Society Committee member 1865

Yackandandah Athenaeum Honorary Secretary 1867-1870. In 1868 he was elected an honorary life subscriber.

Yackandandah Presbyterian Church

In January 1891 his support of the Presbyterian Church was recognized in a presentation from Reverend Grieg.   In 1892 he was Honorary Secretary and was ordained as an elder of the Presbyterian Church. He retired in 1894.

Wesleyan Home Mission Society Chairman 1893.

Lodges:

Hope of Yackandandah Tent No. 173, I.O.R. Trustee and Auditor 1872.

M.U.I.O.O.F. Lodge Yackandandah. Trustee and Auditor 1872.

Sporting Bodies:

Yackandandah Cricket Team scorer 1869, 1870, 1872

Treasurer, Beechworth United Cricket Club 1889. [11]

CONFLICT WITH THE CHURCH OF ENGLAND COMMUNITY

A public meeting was held on 12 February 1869 to consider the financial position of Common School Number 694 which was then administered by the Church of England. At this meeting, Darton accused the Church of acting dishonestly and using underhand means to obtain a grant of the land on which the school was erected. A Committee of Investigation was appointed to examine this accusation which they found to be "false and unfounded." Darton's action was strongly condemned. (Ovens and Murray Advertiser Tuesday 2 March 1869 page 4) James Hill Darton responded in a letter to the editor of the Ovens and Murray Advertiser in which he states very clearly the background to his concerns but he expresses his regret that he may have appeared to be outspoken at that meeting and that he had no intention to reflect adversely on the Church. Quoting extracts from the Government Gazette, he provided clear evidence that the land in question had indeed been secured by the Church of England. [12] [13]

Having held a wide range of positions with community organisations, the church, shire and education department, he was described as a “pillar of society.” Then came the Yackandandah Shire case which was prosecuted in 1872 against a local identity, Joseph Smart.

THE YACKANDANDAH SHIRE CASE

During James LH Darton’s tenure as secretary to the Yackandandah Shire Council, an amount of £50 went missing from an unlocked drawer in the Shire Office. A popular local identity, Joseph Smart, was charged with larceny. (see his obituaries in the newspaper reports below)

The case was heard at the Yackandandah Police Court which found there was a prima facie case which was then heard before the Beechworth Circuit Court. The barrister for the defence was John James Beresford Bowman, instructed by Beechworth solicitor William Zincke. Messrs Zincke and Bowman would later act on behalf of Ellen Kelly and others who were charged with the wounding and attempted murder of Constable Fitzpatrick at Greta. [14]

The defence barrister, Mr. Bowman, subjected JHL Darton to an intense barrage of interrogation, designed to discredit him. Darton's deficiencies as a bookkeeper were exposed and emphasised. In 1857 Darton had been involved in a case of theft of goods from his store on One Mile Creek. [15] In another theft later that year £300 was taken. [16] Yet, under examination, to his discredit, Darton denied any recollection of that theft.

The local constable had found incriminating evidence, a footprint from the accused’s boot and ink stains on his trousers which matched ink which was spilled at the scene of the crime.

However, there was considerable sympathy for the accused, who was held in high esteem, (see Testimonial below) and Darton had made himself unpopular with some sections of the community. The jury deliberated for seven and a half hours and, unsurprisingly, was unable to come to a decision and Darton’s reputation was damaged.

Not only was Joseph Smart exonerated, he was appointed as Electoral Registrar at Yackandandah in place of Darton! [17]

TEACHER

After his employment with the Shire was terminated, he took up teaching. He had been involved with the local school but his qualifications for the teaching profession are unclear.

In 1869 he was a member of local committee of Common School Number 694 at Yackandandah and was on the board of examiners but he came into conflict with the Church of England and with the Common School committee. In the annual examinations of 1870 his daughter Kate gained first place in general proficiency in the fifth class. In 1872 he was appointed to the committee of Yackandandah School Number 1103.

In 1874 he secured an appointment as a head teacher. School inspectors' reports reveal that he was a conscientious teacher but his ability was modest. James Darton was employed as a State School teacher for over sixteen years until he was superannuated on 5 May 1891 when he was granted a superannuation allowance of £54.11.5 per annum.

From newspaper accounts, the local communities appreciated his efforts, but the school inspectors regarded his teaching abilities as no better than “fair” or “moderate.” He was regarded as a poor disciplinarian, a poor manager, even “muddle-headed.” In 1890, the year before Darton was superannuated, inspector H. F. Rix described him as “a puzzle minded man under whom pupil teachers will never be properly trained.” [18]

In 1879 he was teaching at School Number 1516 on the Buffalo River when a student drowned in the river. He showed commendable enterprise and bravery in retrieving the boy's body. [19]

TEACHING APPOINTMENTS

TEACHER NUMBER 6617 [20]

1874 Appointed Head Teacher State School Number 956

1876 Appointed Head Teacher State School 1673

1878 Appointed Head Teacher State School Number 1516 Buffalo River

1879 Mudgegonga new school opened by Darton

1880-1881 State School Number 2171 Mudgegonga

1882 Appointed Head Teacher Byawatha State School Number 2387 (Ovens and Murray Advertiser 29 June 1882 page 8)

1885 Appointed as Head Teacher Osborne’s Flat State School Number 1463 (Ovens and Murray Advertiser (Beechworth), Saturday 10 October 1885, page 8)

1891 Retired on a departmental allowance after reaching the age of 60 years (Argus 7 March 1891 page 8)

TEACHING RECORD

Teacher Record Number 6617

Appointed Head Teacher from 29 June 1874

Comments by school inspectors:

1874 described as “seems to be careful and intelligent-well worthy of a further trial”

1875 “a very fair teacher”

1876 “Seems a very likely man to manage this school successfully- is painstaking and energetic-organization as far as I can judge at present is satisfactory…. is necessarily of a very elementary character good under prevails (sic)”

1876 “The state of the discipline + instruction in his school would indicate that he is a painstaking useful teacher”

1877 “a moderate teacher-painstaking”

1879 “A fair teacher appears to be earnest in his work”

1880 “A medium teacher-has not much capacity for managing several classes”

1882 “A fairly competent teacher”

1882 “A very fair class teacher”

       “Painstaking and earnest in his work”

       “Takes an interest in his work: has plenty of energy”

1884 “A hard working, but not very able teacher”

1885 “A diligent but not a strong teacher”

       “A fair painstaking teacher…”

       “Not a skilful teacher, but I have considered him a conscientious one. He did not appear equal to managing a school of this size … but may have done himself injustice owing to his having (?) flurried at the beginning of inspection.”

1888 “A hardworking, but not skilful, teacher. Has had bad health lately. Does not supervise well.”

1889 “Works hard but is not a skilful teacher nor a good disciplinarian.”

1890 “A poor teacher though he does his best in some directions. He is a poor manager and disciplinarian. A puzzle minded man under whom pupil teachers will never be properly trained.

1890 “Not an able teacher, but gets better results than our inspection would lead one to expect. Must teach industriously. Is not a good disciplinarian.

1891 “A diligent, though not an able teacher. He is not a   …  manager not a good disciplinarian, but shows the school up in its work by examination times.

Superannuated 5 May 1891.

Employed for 16 years, on a salary of £204.12.11 for the last three years

OBITUARIES

The Yackandandah Times Friday 21 September 1897 page 2

We regret to record the death of a former very old resident of the district, Mr James Lionel Hill Darton, which took place at Hawthorn on Friday last. For the past three years Mr Darton and his family had been residing at Hawthorn, but having property at Yackandandah, he paid several visits here, the last being about eight months ago. The cause of death was really a general break-up of the system. He had been ailing for some time, and was being treated by Dr Embling. A few weeks ago, however, he was compelled to take to his bed, and three or four days prior to his death was unconscious, so that he passed very peacefully. The deceased arrived in the colony in 1853 and came to this district in 1856. For some time he was in the employ of Mr W. Welshman, an old storekeeper, and was afterwards in the store conducted by Mr W. H. Roper. He was then appointed Clerk of Courts and Secretary to the Shire of Yackandandah, being also Mining Registrar.   When the Education Act came into force he joined the Department as a State school teacher, which position he held up to three years ago, being for some time teacher at the Osbornes Flat State school. He then retired upon his pension. As his two sons, James and Charles, were employed in the Civil Service in Melbourne he decided to leave the district and make his home with them. We omitted to mention that the deceased, in the early days, took a great interest in the press and was a frequent contributor to the pioneer journal “The Ovens Constitution.” Whilst at Yackandandah Mr Darton was a prominent Presbyterian, and for some years was Secretary of the Church Committee; also being an elder. He leaves a widow and grown-up family of two sons and two daughters and much sympathy is expressed with them in their sad bereavement, as the family was highly esteemed and respected in this district. The remains were brought from Hawthorn to Yackandandah for interment, and the funeral took place on Monday last. A large number of Yackandandah friends attended to pay their last tribute of respect, and the burial service was read by Rev J. H. Meek. The deceased was within a month of 67 years of age.

Ovens and Murray Advertiser Saturday 25 September 1897 page 5

Death of a Former Resident. — The older generation of Yackandandah residents will learn with feelings of regret the death of Mr. James Hill Darton, at Hawthorn, on the 17th inst. Mr. Darton was for many years a very prominent figure in Yackandandah, where he occupied several positions of public trust, including that of shire secretary and clerk of courts. He was a native of Devonshire, England, having emigrated to this colony, in company with his brother, as early as 1852, the year following the sensational gold discovery at Ballarat. His brother, on landing, opened a tent manufacturer’s store in a booth on the site of the present Eastern Market in Melbourne, subsequently opening several branches on the various diggings, and notably at Devil’s Elbow, a place formerly worked at Reid’s Creek, and also a store at Beechworth, to which latter establishment he eventually brought his brother to take over the management. This was about the year 1857. During his residence in Beechworth Mr. James Darton married, and afterwards severed his connection with his brother’s business and went to Yackandandah, where he became book-keeper and secretary to Mr. W. B. Roper at what is now Mr. John Haig’s store. From this position he graduated to that of secretary to the Yackandandah Shire Council and succeeded in obtaining almost simultaneously the position of local clerk of courts, which offices he held for some years, until his resignation of the former position. Mr. Darton became afterwards connected with the Education Department as a teacher, his last appointment being at Osborne’s Flat, where he was finally superannuated a few years ago. Mr. Darton passed the remainder of his eventful life in retirement at Hawthorn where, as already mentioned, he passed away. He leaves a widow and a family, two sons and two daughters, all of whom are grown, the sons being engaged in Government service, the one in the Telegraphic department, the other in the Lands Department. The funeral took place at the Yackandandah cemetery on Saturday, the coffin, accompanied by the relatives of the deceased, arriving at Beechworth by the midday train. The cortege was met at Beechworth by Messrs. L. W. Meurant and R. M. P. Michelsen, and was conveyed to Yackandandah in an open hearse, the remains being followed by a number of well-known residents and friends. The service was conducted by the Rev. J. Howard Meek.

POSTSCRIPT

From the Minutes of Meeting of the Cemetery Trust 30th September 1897, the following report is noted: "Mr Michelsen reported the Sexton (J. Keller) at the burial of J. Darton, was very much under the influence of liquor, also made use of objectionable language. Moved, Mr. Michelsen 2nd Mr. Haig That the Secretary write and inform the Sexton that a complaint had been lodged against him for his conduct and should it occur again, he is to be immediately dismissed."

[1] Reg. No. 9087

[2] PROV VPRS 7591/P2 65, 398

[3] PROV VPRS 28/P0 65, 398

[4] PROV VPRS 13718 Number 6617 Teacher Record Books

[5] Ovens and Murray Advertiser Saturday 17 March 1855 page 7

[6] The Ovens Directory 1857, contents reproduced in Harvey, Roy. C., Background to Beechworth, First Edition 1952

[7] BUTTERFIELD, Joseph. THE MELBOURNE COMMERCIAL DIRECTORY FOR 1855.  Melbourne, James J. Blundell & Co., [1855] page 61

[8] SLV MS 14521 Box 11/1b Sheriff’s Office Warrants Number 3824 Beechworth Sheriff’s Office

[9] Ovens and Murray Advertiser (Beechworth), Thursday 12 March 1863, page 2

[10] Advertisement Argus 9 December 1868 page 1 D

[11] Ovens and Murray Advertiser Saturday 26 October 1889 page 1

[12] Ovens and Murray Advertiser Tuesday 2 March 1869 page 4

[13] Ovens and Murray Advertiser Tuesday 9 March 1869 page 4

[14] Ovens and Murray Advertiser Thursday 10 October 1878, page 5

[15] Ovens and Murray Advertiser Tuesday 7 April 1857, page 3; Ovens and Murray Advertiser (Beechworth), Saturday 2 May 1857, page 2

[16] Ovens and Murray Advertiser Monday 1 June 1857, page 2

[17] Ovens and Murray Advertiser Monday 14 April 1873 page 2

[18] Pryor, L. J. and Pryor, G. W., Pioneer Teachers of the Kelly Country Head Teachers and their Schools in North-East Victoria during the 1870s and 1880s Australian Scholarly Publishing 2016

[19] Ovens and Murray Advertiser 8 February 1879 page 8

[20] PROV VPRS13719/P1 Database Index to Teacher Record Books, 1863-1959

JAMES DARTON NEWSPAPER REPORTS

1853

The Argus Wednesday 3 August 1853 page 1

 PLYMOUTH. -If James Darton will send or call at No. 9, Eastern Market, he will there hear of or see his brother Thomas.

1855

Ovens and Murray Advertiser Saturday 17 March 1855 page 7

 Tents. Tents. Tents.

ENGLISH and American canvass, ducks, drill, calico, druggets, felts, baizes, and all articles appertaining to tents, to be had of JAMES DARTON, tent maker, Foot Bridge, Spring Creek, and New Rush, Nine-mile.

1857 ROBBERIES AT JAMES DARTON'S STORE AT THE ONE-MILE

Ovens and Murray Advertiser (Beechworth), Tuesday 7 April 1857, page 3

BURGLARY

Arthur Baines was charged with having on the 2nd March last, feloniously stolen and carried away certain goods from a store on the One-mile Creek, the property of James Darton.

The Crown prosecutor having stated the case, Thomas Dawson, storekeeper to Mr Darton, was sworn, and stated that on the night of the 2nd March he was disturbed by a noise in the store; he got up and saw a man going out of the store. There were two holes cut in the calico at one side of the store. There were several articles missing. Could identify the ribbons produced by the private marks, and believed the other articles produced to be Mr Darton’s property, as similar articles were missing. This witness spoke in so low a tone of voice, despite the repeated admonitions of his Honor and the Crown prosecutor, that we could not hear all he said. James Darton was sworn, and identified one piece of the ribbon as his property. Detective Wolfe sworn: from information he received he proceeded on the

2nd March to a tent in a ravine at the back of Tidyman’s store, at the head of Spring Creek, and found five men there. Prisoner was one of them. Apprehended them all, and ordered them out of the tent. Constable Loban was then outside. The men made off and were pursued. Witness and the other constable captured the prisoner, after a fatiguing chase in the bush. The prisoner addressed the jury, declaring his innocence, but had no witnesses to call.

His Honor said it was a simple case depending on the identity of the prisoner.

Verdict, guilty. Sentence, three years on the roads.

Ovens and Murray Advertiser, Saturday 2 May 1857, page 2

POLICE COURT.

Friday, 1st May.

BURGLARY.

John Morris alias Bourke alias Pooley, on remand from Thursday, was brought up on this charge.

Thomas Dawson, assistant store-keeper in the employ of Mr Darton, was sworn, and stated that about four o’clock on the morning of the 2nd March last, whilst dark, he heard a noise, got up and saw a man leave the store through a hole in the calico, made a search, and found several things missing, among which were thirty or forty pieces of ribbon, some blankets, and two hats. The six pieces of ribbon produced were part of that stolen. The hospital box and a watch were taken. The box was found again in the morning outside the store. Saw the ribbon produced first, after it had been stolen, in the possession of Detective Wolfe.

James Darton was sworn, and identified the six pieces of ribbon then before the Court as his property. Knew them from private marks in his own hand writing. Last saw them in his store at the One-mile, on the day before the robbery was committed.

Detective Wolfe sworn. About 11 o’clock a.m. on the 2nd March, he apprehended the prisoner and four others at a tent in a secluded ravine at the back of Tidyman’s store on Spring Creek. He ordered them out of the tent, when they all made off. Witness’

pistol missed fire. He pursued and caught one of them. The prisoner got away, and had been subsequently apprehended by Detective Sincock at Ballarat. The goods, with the exception of the loaded pistols and skeleton keys found in the tent referred to, were stolen property, part of which had been identified by Mr Darton. One of the five men had said in reply to witness, that the tent belonged to them all, to which the prisoner tacitly assented.

Constable Loban gave corroborative evidence, and positively identified the prisoner as one of the four men before mentioned.

ANOTHER ROBBERY

Ovens and Murray Advertiser, Monday 1 June 1857, page 2

ROBBERY. --Mr Darton’s store at the One-mile was again broken into, the night before last, and gold, money, and property was abstracted to the value of £300.

MARRIAGE

The Argus Thurs 2 July 1857 page 4

MARRIED. On June 18th, at Mr. Ingram’s, Camp-street, Beechworth, Mr. James Hill Darton, son of Mr. Richard Darton, of Plymouth, England, to Agnes, youngest daughter of Mr. James Symington, Sanquhar, Scotland.

BUGGY CRASH

Ovens and Murray Advertiser, Thursday 12 March 1863, page 2

BUGGY ACCIDENT. —Following Mr Soft’s spill last week, another occurred

yesterday morning, which, I am happy to say, did not turn out as serious as might have been expected. It appears that Mr Darton, the agent for the ‘Constitution’ at this place, was driving down from Beechworth in a buggy, with the daily papers for circulation here, and when a short distance from the township, the horse Mr D. was driving took fright, and bolted coming down the hill. Mr D., who had no control over it at the time (the buggy being without a break), got pitched out, and the horse came galloping through the town into Power’s stables with the two shafts clinging to it, after having run the buggy against a log, and completely smashed it. However, with the exception of a few rather nasty bruises, and a good shaking, Mr D. sustained no further injury.

SOME CREATIVE BOOK-KEEPING

Ovens and Murray Advertiser Saturday 7 February 1863 page 2

MR. DARTON AGAIN.

To the Editor of the Ovens and Murray Advertiser.

Sir, —As Mr Irvine has thought proper to write you again, with reference to Mr Darton and the Yackandandah Jockey Club account, I, as clerk at the Advertiser office, take the liberty of giving the facts of the case as they stand: When Mr Darton was about taking the work, he asked me what he ought to charge. I told him £10 or £12. On next seeing him, I asked what he had charged for the job, to which he replied £7. I at once entered it in the ledger, and not one word was said about his having promised £3 to the race fund.

After the races, I furnished Mr Darton with the account, £8 10s 6d, there having been extra work done to the amount £1 10s 6d. When Mr Darton ceased to have any connection with this office, I thought it advisable, for certain reasons, to send the account to Mr Irvine. This I did, but to my utter astonishment, when the cash came, the account was ‘in the hand writing of Mr Darton,’ now in this office, and instead of being for £8 10s 6d, as furnished by me, it was for £11 10s 6d, with credit given to the ‘Ovens and Murray Advertiser,’ for £3, as our donation, as I before said, entirely without my knowledge.

Now, Sir, I would ask anyone with common sense, whether Mr Warren or Mr Darton is correct. Mr Darton had no more right to take bill heads from this office to make out the account than I have to walk into any person’s house, and steal the first article I can lay my hands on. It seems to me that, when Mr Darton found he could not pass the money through his own hands, he wilily handed over £3 to the race fund. This made our accounts tally, and when Mr Irvine said that my account and Mr Darton’s were the same, he must have known that they were not so. If Mr Darton had intended to have given the £3 when he took the job, surely he would have told me so when I inquired how much he had originally charged. It is not necessary for me to occupy any more of your valuable space, as Mr Darton is pretty well known in Beechworth and other places.

And now, perhaps Mr Darton would allow me to address him in this public manner on a private transaction, as he is not always so easily accessible. Would he kindly refund by return of post, the money subscribed by me to the minister’s stipend at Rutherglen, forgotten to be paid to that fund by him, and frequently promised to be returned? As Mr Darton professes to be a very religious and conscientious character, I would, of course, not insinuate for one moment that this proceeded from anything but a mistake; to which absent-minded men like Mr Darton are frequently and painfully liable.

Yours &c.,

JAMES L. BOWEN. February 5th, 1863.

[After permitting the publication of Mr Darton’s very abusive letter, we can scarcely refuse the above, insertion, and trust that it will satisfy all parties to this petty squabble, in which the public take no interest whatever. For our part, we believe we can now see the real truth of the matter. All further communications will be treated

as advertisements. —Ed. O. & M. A.]

CONFLICT WITH THE CHURCH OF ENGLAND SCHOOL COMMITTEE

Ovens and Murray Advertiser Tuesday 2 March 1869 page 4

THE YACKANDANDAH COMMON SCHOOL.    

(COMMUNICATED)

On Friday, the 12th of February, a Public meeting was held at Yackandandah, to take into consideration the financial position of the Common School No. 694. The Rev. J. H. MAY, being called to the chair, stated briefly that steps had been taken by the school committee to have the school vested in the Board of Education. Mr J. H. DARTON then said that the committee, instead of endeavouring to have the school vested in the Board, had used dishonest and underhand means for the purpose of having the site reserved for Church of England purposes, adding that the Church of England body had appointed trustees of the property, and had got them gazetted. Mr THOMAS MILLER then rose, and requested to be informed in what year or at what time those trustees were appointed, and desired that the minutes of the meeting at which the appointments were made should be produced in proof of the statement made by the previous speaker. Mr MAYNARD (one of the school committee, and a trustee of the Church of England property) then stated that the trustees had been appointed at a meeting of the members of the Church of England for Church of England property, generally. Mr MILLER moved, and Mr PERRY seconded, “That this meeting, having heard Mr May’s remarks and the correspondence in reference to the school being vested in the Board of Education, and having heard of the steps already taken by the committee for that purpose, hereby agree to support that committee in its endeavour, and requests the chairman to communicate to the bishop that this meeting is of opinion, unanimously, that the school should be vested in the Board.” The foregoing motion having been carried, Mr RUDD moved, and Mr DOBSON seconded, “That Messrs Jessop, Cole, Ralph, Reid, Perry and the mover, should be a Committee to investigate the charges made by Mr Darton against the Church of England body, to the effect that it had obtained the site of this school in an underhand and dishonest manner.” — Motion carried.   Mr COLE moved, and Mr RUDD seconded, “That this meeting, composed principally of members of the Church of England, is of opinion that so long as this property is considered Church of England property there is but little prospect of funds being raised to execute the repairs and alterations required by the Board of Education.” — carried.   The meeting closed with a vote of thanks to the Chairman. On the 15th February the appointed Committee of Investigation assembled, and went through all the documents bearing upon the accusation, which had been preferred by Mr Darton against the Church of England portion of the Yackandandah community. There were present Messrs Rudd, Ralph, Perry, Cole, and Jessop; Mr Ralph in the chair. It was moved by Mr RUDD, “That Mr Darton having at a public meeting made certain allegations against the Church of England body at Yackandandah, charging them with having used dishonest and underhand means to obtain a grand of land on which the Common School is erected; Mr Jessop be instructed to communicate with Mr Darton, requesting him to substantiate those charges in writing. — The motion having been seconded by Mr PERRY, was duly carried. Moved by Mr PERRY, and seconded by Mr COLE,” That Mr Maynard be requested to attend the next meeting of the committee, with all documents relating to the subject in hand. — Carried. Moved by Mr RUDD, and seconded by Mr PERRY, “That this meeting be adjourned to Monday next at eight p.m.” — Carried.   An adjourned meeting was held on the 22nd February. Present: Messrs Perry, Ralph, Rudd, Cole, and Jessop. Mr Ralph in the chair. The minutes of the previous meeting having been read and confirmed, Mr Jessop reported to the committee that he had written to Mr Darton, in accordance with the first resolution passed at their meeting held on the 15th inst., and that he had received no answer to that letter. Mr Maynard attended the meeting with the correspondence, as requested. Mr PERRY moved, and Mr RUDD seconded, “That Mr Maynard receive the thanks of the committee for having attended with the correspondence required.” — Carried. Moved by Mr PERRY, seconded by Mr COLE, “That having read all the correspondence between the committee and the Lord Bishop, relating to the Yackandandah School property, we are of opinion that no steps have been taken with the view to obtaining a grant of the said property for Church of England purposes, and that Mr Darton’s allegations were false and unfounded.” Moved by Mr RUDD, and seconded by Mr COLE, “That this committee cannot too strongly condemn the action taken by Mr Darton at a public meeting, in preferring certain allegations against the Church of England body at Yackandandah, and afterwards refraining from substantiating those charges when requested to do so by the committee appointed to investigate them.” — On Thursday, the 25th of February, another public meeting having been convened to receive the committee's report, the Rev. J. H. May was called to the chair, and the minutes of the previous meeting were read and confirmed. Mr JESSOP presented the report of the committee, together with all the minutes of its proceedings; he also presented a letter which he had just received from Mr J. H. Darton, and which was dated this day. It was moved by Mr MAYNARD, seconded by Mr REDDINGTON, “That the committee’s report be received and adopted.”— Carried. The CHAIRMAN read a letter from the Bishop, stating that a Committee had been appointed by the Church Assembly to consider matters relating to Church of England Common Schools, and that the request to hate this school vested in the Board of Education would be laid before that committee.   Moved by Mr COUSENS, seconded by Mr FENNELL, “That the report of the meeting held on the 12th inst, the Committee’s report, and the report of this meeting be published in a local news paper.” — Carried. Mr Cousens was then requested to draw up the report for publication, with the assistance of the Committee. It was moved by Mr COUSENS, and seconded by Mr WALROND, “That a hearty vote of thanks be passed to the members of the Committee for their diligent investigation of the charges made by Mr Darton against the Church of England community.” — Carried. The meeting closed with a vote of thanks to the Chairman. It may be stated that both of these public meetings brought together a   greater number of influential residents than any question relating to education had hitherto done.

Ovens and Murray Advertiser Tuesday 9 March 1869 page 4

ORIGINAL CORRESPONDENCE.  

To the Editor of the Ovens and Murray Advertiser.

Sir, — In your yesterday’s issue appears a communication purporting to be a report of a series of meetings held at Yackandandah, to consider matters affecting “the Yackandandah Common School reserve.” On the very disinterested scribe who volunteered to compile the report has, perhaps, unintentionally omitted to insert my letter which is acknowledged to have been received, or the committee were determined that nothing but an ex parte statement should be published, and therefore suppressed it. Whatever the cause they did not do me the justice of publishing it with the report. I therefore respectfully request that you will grant me sufficient space in your columns to enable me, as briefly as the subject will permit, to refer to the question, so that the public may judge whether what I alleged “is false and unfounded” or not. In order to make the question intelligible it will be necessary that I explain as concisely as possible what is really the question in dispute. Since 1862, when “The Act for the better Maintenance and Establishment of Common Schools in Victoria” was passed, it has been generally desired by the intelligent portion of the inhabitants of the township of Yackandandah and its vicinity, who take any interest in school matters, that the only public school in the township should be really a Common School vested in the Board of Education. Shortly after the Act came into force the question was mooted at length towards the latter end of 1868, the precise Act I do not remember, through the action of some of the leading members of the Church of England at Yackandandah of that day, a public meeting was held at the so-called Church of England Common School room, that meeting was attended by members of various denominations. At the meeting, among other business transacted, the question of vesting the school in the Board of Education was discussed, during the discussion it was stated that there was no title to the land and it would be necessary to get it referred before the school could be vested in the Board. It was then resolved that steps be taken to get the land reserved for the purpose of getting the school vested in the Board of Education, and the Committee were requested to carry out that resolution. The question in dispute is — did the person entrusted with the duty of carrying out that resolution do so in its integrity or not? On the 12th. February ult. a public meeting was advertised to be held at the school-room, to consider the present position of the Yackandandah Common School, No. 694. After the rev. chairman and correspondent had detailed very fully the particulars shewing the position the school was in, and the danger of the withdrawal of the aid from the Board of Education, I having been present at the meeting held about five years ago, considered it but right to inquire how it was that the resolution for vesting the school had not been carried out? That is how the question came to be introduced to the meeting — a report of which appeared in your yesterday’s issue. Before proceeding to refer to the report, I desire to express my regret that I spoke so warmly at the meeting, and may perhaps have caused some persons to misunderstand what I stated. I never made any reflections on the Church of England body, or preferred any charge against that body. Omitting the word dishonest, which I deny having used at the meeting, I am content to assume that the paragraph imputed to me in the ex parte report is the gist of what I stated at the meeting; and I will endeavor to shew that notwithstanding the investigating Committee’s report, what I stated was true, although expressed more warmly than it perhaps ought to have been. According to the report, I stated “That the committee, instead of endeavoring to have the school invested in the Board, had used dishonest and underhand means for the purpose of having the site reserved for Church of England purposes, adding that the Church of England body had appointed trustees of the property, and had got them gazetted.” According to the same report, the following resolution was adopted by the Committee: — Moved by Mr Berry, seconded by Mr Cole, “That having read all the correspondence between the committee and the Lord Bishop, relating to the Yackandandah School property, we are of opinion that no steps have been taken with the view to obtaining a grant of the said property for Church of England purposes, and that Mr Darton’s allegations were false and unfounded.” In reply to that, Sir, I enclose the following extract from the Government Gazette of December 8th, 1868, page 2756: — “Yackandandah — Site at Yackandandah for Church of England purposes, temporarily reserved by Order of 10th November, 1868. — One acre, county unnamed, parish of Yackandandah: Commencing at the south-east angle of block 5; bounded on the east by Wellsford-street, bearing N. 5 deg. W. three chains nine links; on the north by part of allotment 13, bearing N. 65 deg. 30 min. W. two chains ninety-two links; on the west by a line bearing S. 24 deg. 30 min. W. two chains seventy-two links; and on the south by High-street, bearing S. 65 deg 30 min. E. four chains forty-four links to the point of commencement. — (63.6.802.) — Gazetted (1 deg.) on 4th December, 1863.” The latter part of the above paragraph states that I added “That the Church of England body had appointed trustees of the property, and got them gazetted.” In support of that, Sir, I enclose the following extract from the Government Gazette, July 14th, 1868: - “Trustees. — The Governor, with the advice of the Executive Council, has been pleased to make the following appointments, viz.: —George Maynard, Benjamin Crossthwaite, Jonathan Dobson, and Joseph Sheffield, to be trustees of the land set apart on the 10th of November, 1868, for Church of England purposes at Yackandandah. — D. Gillies, Commissioner of Crown Lands and Survey. Melbourne, 6th July, 1868.” By these two extracts from the Gazette, it is quite clear that notwithstanding the committee’s resolution, the site has been reserved, as I stated, for Church of England purposes, and trustees to that property as gazetted. Yet the Committee state that “we are of opinion that no steps have been taken with the view to obtaining a grant of the said property for Church of England purposes.” It now remains for the Committee to show that the action taken to obtain the reserve of the site was not underhand, that is to say, that it was done by a minute of instruction from a public meeting, or the School Committee, representing the public; if so they will perhaps be good enough to publish the copy of the minute, give the date of the meeting, and who attended it. Further, let it be shown from correspondence that the School Committee properly tried to get the school vested in the Board of Education by following up the matter until a definite reply was received that it could not be done. If they did so, then perhaps they can give the date of any meeting referring to school matters, that the public were informed that it could not be done. I have already trespassed too much on your space; I will therefore pass, very briefly, over the un-English-like proceeding on the part of the Committee, in inviting the Secretary of the School Committee, who is likewise one of the trustees of the property, to attend with documents, &c., and not requesting me to be present, or even informing me of the date, time and place of their meeting, or the time when they required the written substantiation of my statements. It may have been an oversight, or perhaps the hon. sec. imagined that he had written me those particulars. All I can say is, I never knew anything further of the time or place of meeting until the day after it was held, than that the hon. sec. asked me if I could get my statement written by Monday and left at Mr Rudd’s, and I replied I thought it probable; I would if I could. The conduct of the Committee towards me in this case, shows that while they appear to be exceedingly sensitive regarding their church, they are quite regardless what affect their harsh, un-English-like proceedings may have upon others.

I am sir, yours truly,

JAMES HILL DARTON.

Yackandandah, 3rd March, 1869.

SHIRE COUNCIL CASE AGAINST JOSEPH SMART  1871

Ovens and Murray Advertiser Saturday 25 November 1871, page 5

YACKANDANDAH POLICE COURT.

Thursday, November 23rd. (Before Mr J. H. Alley, P.M., and Dr Mullen, J.P.)

The shire council case.

Joseph Smart surrendered to his bail on the charge of stealing ten £5 notes from the shire office. Mr F. Brown, instructed by Mr Young, appeared for the prosecution, and Mr Zincke for the defence. Mr Brown stated at considerable length the particulars of the case. The Police Magistrate then read the depositions of Messrs Darton and Steele, taken on October 30th, as follows: — This deponent, James Hill Darton, on his oath saith as follows: — I am secretary to the Yackandandah Shire Council. I recollect the evening of Saturday last, 28th instant, I was at the shire office about three o’clock p.m. I left at a quarter past three o’clock. I went away to see Messrs Miller and Hattersley, to audit accounts. I returned to the shire office at about a quarter past six p.m., I only stayed a few minutes, and then went home to tea. I had fifty (50) pounds in the office at a quarter past three— ten five pound notes of the Bank of Australasia. The money was in the drawer, under my desk. I had drawn that afternoon out of the bank the sum of fifty two pounds seven shillings. Drew the money to pay an order of Rankin and Co., and hold a receipt from Mr Romero for Rankin and Co., for the amount. I produce this receipt. My reason for drawing the money was to secure the amount for Mr Zincke of £22 10s 6d, and a smaller one for another Beechworth firm. The only person I did any business with at the office after drawing the money was the accused Joseph Smart. Had collected some money (rates of shire) which I had to pay him, as the rate collector. I gave him a cheque for twenty pounds five shillings, sterling; also I gave him two one pound notes, out of the roll of notes, above mentioned, and he subsequently handed me ten shillings change, at Mr Rudd’s bar, where we.....Mr. Smart might have seen me take the notes out of the drawer, as he was standing close to me at the time, but I would not swear that he looked at me when I took the notes out of the drawer. I left the office with Mr Smart immediately after giving him the two pounds. We had some refreshments at Mr Rudd’s, and then I went to see Messrs Miller and Hattersley, to proceed with them to the bank. We waited at the bank for about half an hour, and then went over to Mr Cole’s where we transacted some business till about six o’clock p.m. From Cole’s I went to the post office, and thence to the shire office, with some papers. The office was exactly as I had left it, the notes were in the drawer then; I am perfectly certain of seeing the roll of notes, as I had to open the drawer. I left the office shortly after, to have my tea at home, and returned, to the best of my belief between eight and nine p.m., (nearer nine than eight) to the office. When going round to the office door I saw the window open, which had been closed when I left. I unlocked the door and went inside. Saw an inkstand which had been on the table opposite the door, upset on the floor, and the ink spilt. The inkstand was rather more like an ink bottle, narrow at the bottom and wider at the top with a glass cover with metal ring around it. The next thing struck me was the drawer being open. I then looked for the money but found it gone. I opened the other drawers, but none of them I found disturbed. Along with the notes there had been rolled up a cheque for £58 10s, drawn by Mr John Haig, on the Bank of Victoria. That cheque was also gone. There were some other cheques (shire ones), filled up, but not signed, in the drawer. Those were not gone. Directly on finding the money gone I went to Mr Smart to consult him what to do, and to ask him to come with me to the office, where I had not been many minutes when he came. I did not go into Mr Smart’s house. When I called him, he opened the door to me, he was undressed when doing so. When Mr Smart came to the office, I told him what had happened. He appeared to me as if he had been drinking, though he was quite rational. He sympathised with me and advised me, whilst we were going down the street, to inform the police, which I was then about doing. I reported the occurrence to Senior Constable Steele, who at once went after me to the office. The ink was spilt some inches away from the side of the table. The ink is a peculiar greenish blue ink. The table had no cover or anything hanging down from the outside, which might have been stained by the ink. The ink was procured at Mr Roper’s. Arthur Loftus Maule Steele deposed as follows: I am senior constable of police, stationed at Yackandandah; on Saturday evening last the 28th inst, and as near as I can recollect, between the hours of 9 and 10 o’clock, Mr Darton, the shire secretary, reported to me that the shire office had been entered by my of the window, and that the sum of £50 in bank notes on the Bank of Australasia had been stolen out of a drawer; he also stated there was a cheque taken belonging to Mr Haig, storekeeper, Yackandandah, for £58 10s which had been rolled up with the notes ; I followed Mr Darton up to the office with Constable Kiernan, and on arriving there, found Mr Rudd, the president of the council, and Mr Haig with Mr Darton; saw that the ink on the table had been spilled, and a log was set up against its side; did not find any marks or tracks of nails as if any one had stood on it nor were there any on the window sill; finding no trace inside I went outside and on closing the window and having it latched inside, found it to be opened tolerably easily from outside with a knife; returned inside and took particular notice of the manner in which the ink was spilled; it had been spilled on some papers on the table, and on the table itself, also on the side of the shire stamp on the table; the ink on the table was four or five inches from the side and was still wet in that particular pace ; there was no ink on the sides of the table but there was some on the floor; then went into the Catholic Church reserve behind the office, and found on the rails of the fence heel marks apparently made by the heel of a boot of a very large size, and I drew the attention of Messrs Darton and Kiernan to them; on the upper rail the nails appeared to be of a single row of nails, on the lower rail of a double row; I then jumped over the fence into the road, but could see no footmarks there but a little further down the road found a foot-print corresponding with the one on the rail; directed attention to the track; followed it to the gate of the R. C. reserve ; the footprints were those of a man going away from the reserve.  I presently found others of exactly the same kind going into the reserve, and following them back towards the office lost them in the grass of the reserve but again discovered them and pulled them up again close to the office inside the reserve fence, where the footprints were parallel to the fence about a foot or eighteen inches from the lower rail on a place where the palings had been removed from ... once more took up the footprints leading from the reserve and followed them out, losing them occasionally for a short distance, traced them into Mr Smart’s garden gate ; knowing that Mr Smart had been at the shire office with Mr Darton, I went to see whether I could find the same tracks on the road leading to the front of the office, along which Mr Smart had gone on that occasion, and found footprints exactly corresponding; thinking it then imperative to see Mr Smart. I went to his bedroom door and called him several times before he answered; then asked him from outside whether he had been to the shire office that day; he answered that he had been there with Mr Darton; asked him “did you see him putting any money into the drawer?” He said “no I never saw any money” but that he had got a £20 cheque and some money from Darton for rates; asked him whether he had been up the Beechworth road or at the shire office late in the evening; he said “yes,” since the money was missing; but that he had not been up the Beechworth road nor up the creek nor at the Catholic Church reserve that day, nor at Mr Hattersley’s. He added, “No, I swear I have not been.” I said to him, “Smart, a robbery has been committed. I found certain tracks. I followed these tracks up to your gate and even under it, and in order that you may exonerate yourself I must see your boots.” I described the track of the boot — that it was a smooth-soled boot with three nails in the centre of the heel, and a double row of nails half the way round on the inside, and all the way round on the outside. He then produced the boot and I found it to correspond in every particular with the footprints I had followed out and traced.  I brought Mr Smart to the back of the reserve where there was a distinct track in the sand, and I placed the boot on that track in his presence, when the two were found identical. I asked, “Can you deny this being your track?” He said be would deny it, and that he was not there at all. We returned to Mr Smart’s house and I asked him whether he had any objections to my searching the house for the money without a warrant. He said, “No, you can search away without a warrant.” After searching some time I returned to the room where Mr Smart was, and took the candle to look for ink marks on the boots; on looking at his trousers I found ink marks on the right leg below the knee, I said “Smart, can you account for that ink on the trousers?” He said “What ink?” and appeared rather alarmed on having it pointed out to him; he said “it is no ink at all.” I said, “it is ink.” I went up to Smart and took the place where the ink was between my fingers and squeezed it, I found it damp yet, and found it stained my fingers, I drew Mr Darton’s attention to it who then said, “Well, Smart, I have to give you in charge.” The ink stains were of a greenish blue color. Smart still denied that it was ink, and said that he could account for it. I asked him to do so, as otherwise I must take him in charge. He would not account for it neither then nor the next morning. I cannot swear that it is ink, but it appears very much like it. It is now of a darker color than what it was on Saturday evening. I have since examined the office table, and find that the ink on some papers which were on the table is exactly corresponding with the marks which would be made on a man placing his leg on the table with the ink spilled on it. By Prisoner: When I called attention to the ink on your trousers. You said ‘what ink?’ You told me you had been at the office with Darton. On a robbery being committed, would not necessarily be to the police at the first instance the report might be made. Examination continued: Mr Smart was not given in charge by Mr Darton at the time the latter...he would have to do so. I arrested him subsequently, at about three o’clock on the morning of the 29th. James H. Darton was then re-examined by Mr Brown, and deposed: The papers produced by Senior-constable Steele were on the office table on the 28th October, when Smart and I left it. (The papers were extensively blotted with ink.) The blue paper was the top one on a spring file, and the white one was on the table. I could not state the relative position of the two. When I left the papers I left also an ink-bottle on the table. That produced is the same. I had no other in use at the same time. When I returned to the office, about six o’clock, the inkstand and the papers were as before. When I again returned to the office after tea, between 8 and 9 o’clock, the ink-bottle was on the floor, and the papers, though in the same place, were covered with ink. When I discovered the robbery, in shutting the window, I moved a number of the papers, including those produced, to the washhandstand. There was ink on the floor and on the table. The papers remained where I had placed them until the police took possession of them on the following Monday or Tuesday, the 30th or 31st October, after the case had been heard in court. I had forgotten all about the papers until Mr Steele inquired for them. He asked for the papers which I had shown on the night of the 28th, and he went and sought them out himself and took possession of them. I handed the ink-bottle to the police with the papers. There was a very little ink in it at the time I had never altered or renewed the ink in that bottle from the time I left it on the table until it was given to the police. The ink I have been in the habit of using is called “Alizarin” ink, in a bottle like that produced. I use it for the books, as it is indelible. I was present with Constable Steele at Smart’s house. Mr Smart was sitting on the table while Steele and Kiernan were examining the room. Steele looked at him, and said, “Smart, how do you account for this ink?” Smart said, “It’s not ink at all; I can account for that.” Steel then felt the trousers. I did not see any mark on his fingers. I was with Constables Steele and Kiernan when the tracks were discovered. I heard Steele describe them to Smart. I saw Smart hand the police a pair of boots. Those produced are similar. I then, in the presence of the accused, saw them fitted in to the tracks. They compared them. I think Mr Rudd was present. Steele measured the track with a stick or straw, and said, “Can you deny that’s your heel?” Steele did not place the boot on the track; he only compared them. Smart denied that the tracks were his, and said he would swear they were not. When I returned from informing Constable Steele of the robbery, I did not anywhere see Mr Smart. I informed Mr Haig of the robbery after I had left Mr Smart at Mr Rudd’s, and before I saw the police. Cross-examined by Mr Zincke: I have a safe at the shire office for putting my books and cash into. On this occasion I had just come from the bank, and put the money in the drawer, because I was using it. This was on a Saturday. Business does not close at 12 o’clock on that day in Yackandandah. I sometimes work till 8 or 9 in the evening. The hour stated over the door of the Shire office for the closing of shire business that day is 12 o’clock, but as a matter of fact it does not cease sometimes until 8 or 9 o’clock. I left the money there, intending to return in a few minutes and put the money in a safe place. I did not come back for two hours and a half. I did not then put it in a safe place. I had not the key of the safe in my pocket. I saw the money at 6 o’clock, and then went back to tea. It did not strike me that the money was not safe where it was. I did not return till 9 o’clock. I have occasionally left money in the drawer in this way. It is true that the only person I did business with at the office after drawing the money was Joseph Smart. I know a party called the Italians. I gave them a cheque that day. Their names were Costa and Rossa. They called me from my dinner; it was about 1 o’clock. I will swear positively it was not after 3 o’clock. I did not go directly to Mr Smart’s when I found the money gone. I went to my own house first. I was not aware that evidence would he called today to prove that I did not go at once to Mr Smart’s. The subpoenas are issued through me. Mr Smart himself told me that McDermott would say I had not been at the office. I have had very little talk with Steele about the evidence in this case. I have had monetary dealings with him. I owe him about £90, I think. I told Smart himself after the enquiry that I had gone home before going to his house. The copy of the depositions produced is in my handwriting. After finding the money I went home to see what I really had lost. I searched the coat I had on. I searched for paper, money, or notes — not that money, but others. I had £2 or £3 besides the £50. When I found out the loss I hadn't the same coat. I could not be positive as to what I had lost till I went home. I might have had my pocket-book in the drawer. When I went to Mr Smart, he was in his bedroom. I called out to him and told him of the robbery, and asked him to come up to the office. I wanted to consult him. I cannot tell why I did not consult him at his own house. One reason was that I thought some one was up to some devilment, and Smart was aware of it. He said he knew nothing of it. He was in the office about five minutes. I told him where the money had been, and he asked me questions. Smart had been drinking a glass or two, hut he was not drunk; he did not appear to be drunk. I did not point out to him that the ink was spilled, except on the floor. The table was about 2 ft 5 in high. I will swear that Smart did not put his knee on the table on that occasion. The window was closed at 6 o’clock. The window has been opened before by several persons — I don’t know how. I have heard them say they opened it — Dobson, the black-smith, for one, to get a book. Steele opened it with a knife. I could not name anyone else. Smart denied that the mark on his trowsers was ink. I did not then go back to the office to look for the blotted papers. I did not go on the Sunday nor on the Monday, I believe, till the evening. My impression was that the ink stains were off the table. I did not give Smart in charge. I told Steele I would not do so. I could not believe that he had taken the money. I did not think of the papers till Steele asked for them. I do not know when Steele took possession of the trowsers. I saw Mr Haig before I saw Steele. I did not say to him in reference to Smart, “That old beggar has taken the money!” In reply to Haig. I said that only Smart had been in the office with me. I positively swear I did not say to Haig at that time, “That old beggar Joe took it.” To Mr Brown: When Smart came into the office I was pointing out to him where the money was in the drawer. He said, “What money? I don't know anything about any money.” I said, “Don’t you remember, Smart, my having put the roll of notes in there?” He said, “I don’t know anything about money. By G — d, I don’t know any thing about it.” I gave him the £2 from that roll of notes. He was writing a receipt in the book at the time. It was not on the same table as the drawer where the notes were. I had no business transactions with the Italians or others after I settled with Smart. On returning, and finding the money gone, I searched in my pockets. I had on a different coat to that which I had been wearing during the day. I found the pocket-book and some keys when I went home. The table from which the money was taken was nearer the door than that under the window. I have known Mr Smart for some time. He has been in my office for a week at a time. I never saw him put his knee on the table. I had the key of the safe when I went down at nine o’clock in order to lock-up. To Mr Zincke: I stated in evidence that I was keeping the money for you. I did not send it by coach that day. £12 10s of the money was my own. My chief reason for cashing the cheque was that I had some words with Romero about the costs. I gave Romero £10 that morning. I intended to send up your money the same afternoon. I did not because I was unexpectedly detained from the office. Senior Constable Steele, in charge of the Yackandandah station, deposed: Previous to receiving on Sunday, the boot from Smart, I described the impression to him, and drew a copy of it on the table, the only place I saw the impression of the heel of the half-sole boot was outside the reserve on the sand. I said “now you must let me see your boots,” which he gave me. I then said “now I must have these, are they the boots you wore to-day,” he said they were. I then examined the marks with the boots and they exactly resembled; (the boot was placed on some sand in court, and Steele said the mark was perfectly like the one he saw outside the reserve.) Mr Rudd, Mr Darton, and Constable Kiernan were present. Mr Rudd, said “I wouldn't like to swear that’s a half-sole.” I said, look at it, Mr Rudd, you can see for yourself. Prisoner denied that the tracks were his. I pointed them out to Darton and Kiernan. Some one said (either Smart or Rudd). “put the boot in the track,” and I then did so, fitting it carefully in, and it corresponded exactly. After this I arrested Smart, and brought him up to the office. We had some conversation. I said "why can’t you explain the ink stains, it will be better for you to tell me at once, as you say you know how you got them.” He said he could account for them, and when I asked him again, he said “I might go to hell, and do my d_ st, he could get out of it.” This was early on Sunday morning. As soon as Smart was bailed out I told him I must have the trousers. I produce them now. They have been in my possession ever since. I got them on Sunday about noon. This (pointing out the place) is where I stained my fingers. I got the papers, which have been produced, on Monday, after the court adjourned. The papers were shown to me on the Saturday night. Darton lifted them off the safe or the washhandstand. I got the ink bottle on the Monday at the same time as the papers. It has been in my possession ever since. On the 1st instant I went to Smart’s house and said “I understand you have a witness, who can account for the ink on your trousers.” He said “Yes, John Deacon tells me I upset the ink on my trousers while I was registering a race for him.” He said “I was writing.” He added in reply to a question “I was dipping my pen in when I upset it.” I asked him to snow me the entry, and he produced the registry book with the name of Deacon. He said the bottle on the table, which I produce, was that which he had used. I took possession of that and another similar bottle which I also produce. Smart said he did not understand that kind of work, it was “sharping on him.” I said it was nothing of the sort. I asked where the ink was spilt on the floor, and he said it was not spilt there. There were two marks on the table which he pointed out. I measured them. The paper produced is the measure. The trousers and papers produced are in the same state as when I obtained possession of them. They have been examined by Mr Gammon, chemist, in my presence. The witness then pointed out the marks of resemblance between the stains on the paper and the trousers. To Mr Zincke: I see nothing but what’s fair in what I did. Smart did not say he knew about the ink himself, hut from what Deacon told him. Smart was not drunk when I saw him at 10 o’clock on the Saturday night. That remark he made about Deacon seemed to mean that he wasn't able to remember himself. I heard he had been drinking all that evening. I instituted enquiries, and I believe that he was away from Mr Rudd’s house. I have called on some of the witnesses for the defence. I was not told anything about them by Mr Darton. I did not hold out any threats to witnesses for the defence. I told John, the blacksmith, that it would be better for him to tell me what he had to say. I thought it was my duty to find out everything I could. (Mr Zincke remarked that the witness’s idea of his duties was a very compendious one). I did not give all represent evidence on the former occasion. I did not think it necessary as I only wished to procure a remand. The track on the sand was on a footpath. I do not know if people go that way up the creek. It is nearly opposite Smart’s house. I only got one full track, but there were others similar. I was aware that Smart had been up to the Shire Office. I found tracks under Smart’s gate. It is about 100 yards from the track on the sand to those at the gate. Smart made no objection to giving up the trowsers, which he did on Sunday between 12 and 1 p.m., after he had been bailed out. When I went to see Smart, I did not give him any warning that what he said might be used against him. He showed me the registry of Deacon's claim as having been made at 4 p.m. I was searching the house and for tracks about two hours. Smart said I could search where I liked. I searched by matches, but it was moonlight. I placed the boot in the track, but did not obliterate it. I could, had I thought of it, have made another impression in the sand beside it. I believe Mr Rudd suggested putting the boot in the track. He remonstrated immediately afterwards, no not immediately, it was next day I think. The trousers and papers have been in my possession ever since. To my knowledge no one saw the papers or the table. I saw them on Saturday night. Darton had told me ink was spilled over the papers, and I asked for them. I saw that they were inked over. Mr Rudd and Mr Haig were in the Shire Office when I arrived. There was a similar robbery from the Yackandandah Post Office, £5 was stolen. I used every exertion to obtain information but did not succeed in me matter. William Kiernan, a constable stationed at Yackandandah, deposed: I remember the night of the 28th. I went with Constable Steele to the shire office. Mr Rudd, Mr Haig, and Mr Darton were there. I assisted Constable Steele in tracing some footprints, and afterwards went to Mr Smart’s house. I had previously taken notice of the heel of the foot mark, which I measured with a string. I saw accused hand the boots produced to Steele. I compared my measurement with the left hoot. They corresponded. I afterwards saw the boot compared with the track. Constable Steele pointed out the track to the accused in presence of Darton and Rudd. Steele asked the prisoner if he could deny that that was his track, and he said he could and did deny it. I took the measure of the length and breadth of the mark, and compared it with the boot. To the best of my belief they corresponded altogether and with several of the tracks. I then returned with Steele to accused’s house, and assisted him in searching the place. I was examining some books with a candle; Steele took the candle away from me and went across the room, when he said, “Smart, how do you account for the ink marks on your trousers?” He said, “What ink, what ink?” He said it wasn’t ink, and that he could account for it. Steele said, “Do account for it.” Smart said repeatedly that he could, but did not. Touched the upper spot on the trousers, which left a bluish mark on my finger. (The spot spoken to by Steele was the lower one.) Smart said to Steele, “You can go to the devil, and do your best, and then I’ll get out of it.” This witness was not cross-examined. George Gammon, chemist, of Beechworth, deposed: I have seen one of the papers produced (the white one) the trousers, and the ink in one bottle — that produced. The ink in each case is of the same kind, with the same coloring matter. I tried citric acid, which destroyed the tannate of iron, and released the coloring matter. I also tested the ink in the two smaller bottles produced, with the same tests, and the result was entirely different. (Test papers were produced by the witness — those from the shire ink bottle and the trousers being of a greenish hue, and those from the two other ink bottles having a light fawn-colored tinge.) To Mr Zincke: The tests do not prove that the stains on the trousers are made from that bottle, but by similar ink. The articles were brought to me about a fortnight ago. Sam Hollister deposed: I am an accountant of the Bank of Australasia at Yackandandah. I remember Saturday, 28th October. Mr Darton cashed a cheque for £52 7s on that day. It was paid by me in ten £5 notes, two £1 notes, and 7s in silver.

To Mr Zincke: I have read that from the shire account. The last payment to the credit of the shire was one by Mr Smart on 4th October. Mr Darton and Mr Smart paid in money to that account. The last money paid in by Mr Darton previous to 28th October was on 20th July. It was by cash (£20 odd), but I am not sure it was by Darton. I cannot tell when Darton last paid in money. The shire had a pass-book. It has been made up since the 28th Oct. It had not previously had any entry made since 21st October, 1870. The pass-book was made up on the 28th at Mr Darton’s request. To Mr Brown: There were several entries of money paid into the shire account during the period in which the pass-book was not made up — most of them by Smart. I cannot swear from whom the items entered as cash were received. Steele recalled, said: I produce Government map of the township of Yackandandah, on which I have marked the places mentioned in the evidence. To go round, the Catholic Reserve to the Shire Hall was about four times as far as going by the Main road. The footpath has been chiefly made by traffic to the Catholic Chapel. To Mr Zincke: It turns when it comes to the chapel, and goes up the creek. John Kellar, vigneron, residing opposite the Shire Hall, Yackandandah deposed: I can see Mr Darton’s residence from my place.

I remember the evening of October 28th. I did not see Mr Darton go to his office in the afternoon. I saw him go to it at 8 or 10 minutes to 9 in the evening. To Mr Zincke: I saw no one else there, or about there. To Mr Brown: I know the time, because I was watering some lettuces, and then said I would go to bed. I looked at the clock, and said “It’s not yet nine o’clock.” I saw Darton again come out, and go down towards the town. To Mr Zincke: I don’t know which way he went whether to the Post office, Rudd’s or his own house. To the Bench: Mr Darton was in the office about five minutes. Mary Dobson, wife of Jonathan Dobson, blacksmith, residing near the Post office, Yackandandah, deposed: From our house I can see Mr Darton’s. I remember the evening of Saturday, October 28th. I saw Mr Darton, between eight and nine, go down to the Shire office. At least he went inside the fence. I did not see him again. Mr Zincke then addressed the court for the defence. He said that the case admitted of two ways of being considered. The first hypothesis was that the money had never been lost, the only evidence on that point being that of the shire secretary himself. Was it a myth? and if not, why did the other side refuse to allow inspection of Mr Darton’s private account? For twelve months the pass-book had not been made up, but on the very day of this alleged robbery, it was made up at Mr Darton’s request. The shire secretary had asked Mr Smart to go up to the hall to consult. He did not consult him at his own house. He had sworn, after nearly a month’s interval, that Smart had not put his knee on the table daring their interview at the shire office. Mr Zincke then proceeded to analyse the evidence, which he endeavored with great skill to prove to be unreliable. He dwelt on the fact that the boot had been thrust into the track, thus necessarily defacing the original impression. He would prove that the robbery must have taken place after seven o’clock, and by unimpeachable evidence, that with the exception of one visit to his own house for a few minutes, the accused had never left Mr Rudd’s house till he went home to bed. The money had never been found. The accused gave the police every facility for searching his house, and handed over to them every article they required. Mr Zincke then commented severely on Steele’s conduct in the matter, as an attempt at “manufacturing evidence.” After a remarkably able speech, Mr Zincke called John Haig, storekeeper, who deposed: I know the defendant, and have known him for 14 years. He has always borne a good character to the best of my knowledge. I remember the 28th October. Mr Darton came into my store about a quarter to ten in the evening, and told me of the robbery, and that my cheque had been stolen. He said “I believe that old beggar, old Joe, has taken it.” I went with Darton as far as the Bank of Victoria to stop the cheque, but there was no one there. I was in company with Smart between seven and half-past that night at Rudd’s. He came into the bar with a man named White. To Mr Brown: I went with Mr Rudd and Steele to look for tracks. I was shown a footprint in the sand, and I said “It looks devilish like.” I had been told before by Darton that Smart was suspected. I made the same remark later— the next morning, to Mr F. Allen. Charles Henry White, general servant to Mr Smart, deposed: I remember the evening of the robbery. I saw Mr Smart that evening about half-past six to a quarter to seven, at his own house. John Kendall was with him. They were having a general conversation: they had had a private conversation before. I remained in the house for half an hour. Kendall left before I did. Smart and I then went in to Rudd’s. He was in that state that I did not care to transact the business I wanted to do with him. He had been drinking. We had some more drink at Rudd’s. Messrs Haig and Pyke came in while we were there. Soon after I went in, I noticed it was ten minutes past 7. I stopped a quarter of an hour fully after that. I left Smart there. Haig, Pyke, and the barman, John Fox, were there when I left. To Mr Brown: I know a man named Davy. I never said anything to him about clearing Smart’s character. He said he could clear Smart, and that he wasn't the man who committed the robbery. He said that on the Friday he could, and would clear him. Neither of us showed any money, but there was a conversation about money. I was given to understand Davy would clear Smart if he were paid £30. This was from information I had received. He did not then tell me so himself. I was near Mrs Hill’s (or Mclntyre’s) residence about 9 o’clock, or after I had been at Waldron’s, Fred. Moore’s, and other places. I went up the street. I do not remember where I went first. It was Smart who told me that old Davy had said he could clear him for £30. Smart said he would not pay him a farthing beyond his expenses, and on my speaking to him, Davy denied that he had said anything of the kind. John Fox, barman at the Waterloo Hotel, Yackandandah, deposed: I remember Saturday evening October 28th. The defendant came in with the last witness, at about 10 minutes past 7 o’clock. From that time till half-past 9 Smart was in the bar, or about the door. He was not out of my sight. I was away for five minutes only, about 8 o’clock, when Mr Rudd took charge of the bar. During the whole time I saw Smart continually. I watched him home, as he had been drinking, and saw him go into his gate. Rasmus Peter Jansen, miner, deposed: I was in Rudd’s bar on the night of the robbery. I went there about half-past 8 or thereabouts. I saw Smart there. I remained till about half-past 9. Smart was drinking. He went home before me. I was standing with John Fox, when Smart went home. The evidence given by Mr Fox is true. The defendant was present all the time that I was. John Fox said “Mr Smart was so full as a bottle,” and I said I had never seen him so tight before. To Mr Brown: Several people were in and out of the bar during the time I was there. He (Smart) was away for 3 or 4 minutes about a quarter to 8. Rudd came in and asked me to come in, and I left Smart outside. The whole affair did not take five minutes. At the same time Smart was standing at the door all the time. I saw Mr Roper there. He was there from 8 to 9 with several others. Smart did not join them. When I came down to Rudd's that night, I came from Kirby’s Flat. I don’t remember noticing anyone. I saw a man named Churchill while I was talking to Smart at Rudd’s. John Kendall, farmer, Yackandandah, deposed: I remember the night of the robbery. I saw Mr Smart on that night. It was about half-past six, in his own house. It was just getting dusk. I wanted to see him on private business, and went down on purpose. I was there about a quarter of an hour. White came in before I went away. To Mr Brown: I thought him capable of transacting business. I did not see any alteration in him. I went home. To Mr Zincke: I was fit to transact business of some kinds. Walter Riddington, gardener, deposed: I reside at Yackandandah. I was in the township on the night of the 28th. I was coming from my own place, and wanted to see Mr Darton. I looked at the Shire Office to see if there was a light. It was about 7 o’clock; The window had no light; it was down. The blind was down. It was quite light enough to see it. Had anyone operated on that window then or before, he could have been seen from the road. Joseph Rudd, president of the Yackandandah Shire Council deposed, I have known defendant for 16 or 17 years. I have always believed him to be a thoroughly honest and upright man, and have always treated him as such, and as a personal friend. I relieved John Fox on the occasion mentioned by him, in the charge of the bar. He was away a very few minutes, not more than five. Smart was there when he left, and when he returned. Smart had been drinking and was pretty well on I remember going up to the shire office with Mr Darton and Mr Haig before the police arrived. We were the first persons after Smart and Darton. I asked Darton how he had been robbed, and why he kept money there? Fox told me that Smart had not gone to bed, and I looked out and saw Smart and Darton together. The latter went away and Smart came in and told me £50 had been taken from the shire office. He had a drink and I advised him to go to bed, as he had had enough, and he said he thought he would. I asked Darton if he had searched everywhere to make sure that he had lost the money. In the office the ink bottle was capsized and the ink was spilt. There were papers lying about. Steele and Kiernan then came up, and we examined the place. It was evident the window had been frequently opened from outside before. There were ink marks on two of the papers on the table. I examined them. I never saw the white paper produced before with ink marks on it. The other paper (the blue one) I believe I did see. To Mr Brown: The white paper is one that you would expect to find in the Shire Council. Had it been there blotted I think I should have seen it. The blue paper was in the clip I think. I turned over nearly every paper. This was after Smart had been at the office. I remember Steele striking a light and looking at certain papers for footprints. That (the blue one) I believe to be the same. I remember Mr Roper coming in that night. Deacon also came and inquired for Smart. It was after that Smart did his business with Deacon. Asked Smart if he was competent to do business, because I thought he was not. Did not see John Campbell that night; he may have been there. Mr Brown proposed to call rebutting evidence to the testimony for the defence, but this was objected to and not pressed.

The Police Magistrate said it was not his duty to weigh the evidence, or to come to any decision, except as to whether there was a prima facie case against defendant, or sufficient to create reasonable suspicion. The defence, which was an alibi, was one which must be dealt with by a jury. The prisoner, by the advice of Mr Zincke, refused to say anything, and he was committed for trial at the next General Sessions at Beechworth, in January next. The same bail was accepted. The court then adjourned.

Ovens and Murray Advertiser Thursday 18 April 1872, page 2

The Yackandandah Shire Case.

Joseph Smart, on bail, was charged with stealing ten £5 notes from the Shire Office of Yackandandah. He very emphatically pleaded “not guilty.”

The following jury was empanelled, after many challenges from the Crown, and one for the defence Enoch Williams, J. Irvine, M. McNamara, T. Maroney, John Shedden, Thomas Jardine, W, Pemberton, jun., David Morgan, Joseph Paul, Andrew Porritt, John Simpson, and Archibald Scott (foreman). The other jurymen were then discharged from further attendance. Mr Bowman, instructed by Mr Zincke, appeared for the defence. Mr C. A. Smyth, in stating the case to the jury, expressed the hope that any feeling in regard to this question which had previously been entertained by the public would not affect the judgment of the jury. He then proceeded to state the alleged facts of the case, which he did at great length, and, from his instructions, with fairness.

James Hill Darton deposed: I was secretary of the Yackandandah Shire Council on Saturday, 28th October last. I left the office at 3 p.m. to have some accounts audited. I changed a cheque at the Bank of Australasia for £52 7s on the morning of that day, receiving for it ten £5 notes, two £1 notes, and silver. I gave Mr Smart the two £1 notes for money received by me on account of rates. I placed the £50 in a drawer in the Shire office, which is about 12ft. square. (A plan of the room, made by Mr Peter Wright, Government surveyor, was handed by Mr Bowman to the Crown Prosecutor, and submitted to the wit-ness, who said that it was a fair representation of the room. Another plan of the general position of the building was also produced by Mr Bowman, and shown to the witness, as was also, one produced by the Crown, both being said by witness to be tolerably accurate.) One of the plans was then shown to the jury. In paying Mr Smart the £2, he was standing so that he “might have seen” the roll of other notes. To His Honor: He could not tell what amount of money I had. To Mr Smyth: I did not lock up the drawer in which I placed the notes, together with a sum of over £50 drawn by Mr Haig on the Bank of Victoria. Smart and I went away together. I did not lock up the money in my safe, because I had not the key in my pocket. I was engaged for some time on other business, but returned at six o’clock. I then saw the roll of notes in the drawer, and I went home. I was alone in the office. So far as I know, nobody but myself visited the office from the time that I left it with Smart, till he came up at a later hour. I then went home to get tea. I did not see Smart on my way. I next went to the office at a quarter to nine, or thereabouts. I had to pass the window at the side of the office. It was wide open. It had been shut when I left it. I went into the office, unlocking the door and found the drawer wide open. I found the ink bottle on the floor as I went in. It was on the table, under the window when I left before. There was ink spilled on the floor. I did not then notice ink on the table. I then went back to my own place to see what I had really lost. I went back to the Waterloo Hotel to ask for Smart, and was told he had gone to bed. I called him, told him about the robbery, and asked him to come up to the office. He did so; I had preceded him. When he arrived, I told him again about the robbery. He sympathised with me, but seemed to have been drinking. I think his words were, “My God! Darton, I don’t know anything about any money.” I then went to find Constable Steele, and did so. I went back to the office, not seeing prisoner on the way. Mr J. Budd, president of the Council, and Mr Haig, came up to the office before Steele came up; the latter was accompanied by another constable. I then saw ink marks. I had been reading some papers, and they were lying there. The paper produced was one of them. Senior-constable Steele examined the place. He went round and tried the window, to see if he could open it from the outside. He then went down to the Roman Catholic Reserve, with Constable Kiernan and myself, and at the corner of the fence nearest to Smart's residence, we found some marks of the heel of a big boot. We then tried to trace such marks, and Constable Steele found various tracks of the same foot marks. They led right into Mr Smart’s gate. When we got to Smart’s, we went back towards the Shire Office to look for tracks in High-street, and found some. We then went back to Smart’s, and knocked him up. To his Honor: This was probably about 12 o’clock. To Mr Smyth: I heard prisoner say that he had not that day gone either towards the Catholic Reserve nor towards Hattersley’s. Steele said “a robbery has been committed, and the tracks lead to your place. In order to exonerate yourself, will you get up and let me see your boots.” He got up and went with us. Mr Rudd was also present. I believe I sent for him. Smart denied that the impression in the soft sand was that of his boot. It was exact. The peculiarity was that the boot had been half-soled and the mark between the two leathers was apparent. We then went back to Smart’s place, and Steele asked Smart if he had any objection to his searching his premises without a warrant, and he replied immediately “certainly not.” Nothing was found. Steele, after searching some time, said to Smart “How do you account for that ink on your trousers?” I then said “Smart I shall have to give you in charge,” but I did not do so. He was however taken into custody: So far as I am aware Mr Haig’s cheque has never been paid. There was a billet of wood in the room that night, projecting against the, wall. It was not there at six in the evening. There is a heap of firewood immediately at the back of the office. The ink used in the office was “Alizarin.” It has a greenish blue tint first, and is indelible.

Cross-examined by Mr Bowman: I was secretary of the Shire Council. Mr Bowman: Did you and the Shire office part good friends? Witness: I believe so. Mr Bowman: Did you resign willingly, or because you couldn’t help it? Witness: Willingly, and not because I should have been discharged, had I not done so. In answer to a further question, witness said that there had been some ill feeling between himself and the president. Mr Bowman: Do you remember the audit of the Shire Council's accounts? Had that anything to do with it? Witness: What? Mr Bowman: With your resignation, and the ill feeling between you and the president? Witness: Well, it may. Mr Bowman: You know Mr Ely, the Government auditor? Witness: I do. Mr Bowman: When did he audit the accounts for the council? Witness: I think about a week after the robbery. Mr Bowman: I believe you refused to give the books up, either to him or to the president of the council, and took them home. Witness: I did refuse, as it was not the proper time, and I kept some of them. Mr Bowman: When the appointed day did come, did you hand the books over? Witness: No. Mr Bowman: Why not? Witness: Because the books were not balanced. Mr Bowman: How long was it since they had been balanced? Witness: They were only balanced once a year. Mr Bowman: At the time that the audit took place, how much were you deficient? Witness: Not anything that I am aware of. Mr Bowman: Did the Government auditor report that you were? Witness: Not that I am aware of. Mr Bowman: When ought the books of the Council to be closed? Witness: On the 16th or 17th of October. Mr Bowman: Within what time after moneys have been received for the Shire Council ought they, in accordance with the Statute, to he paid into the Shire account at the bank? Witness: Within seventy-two hours. Mr Bowman: Did you not, for seven months, pay nothing into the bank, though you were receiving money on account of the Shire during that time? Witness: Receiving money was not my duty. What I did receive was to be given either to the president or the treasurer. Mr Bowman: Did you pay the moneys I have spoken of to either. Witness: I really can’t say. Mr Bowman: Did you not, for seven months, hold in your hands moneys belonging to the Shire Council, without accounting for them? Witness: The treasurer never asked me for the money. Mr Bowman: You do not say that you did not so hold that money? Witness: No! Mr Bowman: On the 1st of November, the day after the alleged robbery occurred, what sum did you pay into the bank to the credit of the council? Witness: I don’t remember. A copy of the report of Mr Ely, the Government auditor, on the accounts of the shire, which was chiefly in the witness’s hand-writing, was produced, and he was asked to acknowledge it, as being a copy made by him, which he did. The report showed that the sum of £208 19s 5d had not been paid into the account of the council on November 1st. Mr Bowman: You paid that amount in on November 1st, four days after the alleged robbery. Witness: Yes. Mr. Bowman: Had not this audit been hanging over your head, for some time? Witness: I don’t understand you. I knew of course, when the time for the audit was coming. Mr Bowman: Do you remember the day on which this case was first brought before the police court? Witness: Yes; I think it was Monday, October 30th. Mr Bowman: Was not Mr Ely in Yackandandah on that day? Witness: No. He was on the second day. He and Mr Miller both asked me for the books, and I refused them, as that was not the day fixed for the audit. (The examination as to special items was continued for some time, the witness stating that he had not been the proper officer to receive fees, but that he had received them for convenience’ sake.) Mr Bowman: We will come now to the cheque for £52 7s. Where is it? Witness: I suppose in the Bank of Australasia. Mr Bowman: Was it produced in the Police Court? Witness: No.

(The cheque, which was drawn by the Shire Council of Yackandandah in favor of Rankin and Co., was here produced.) Witness (in reply to Mr Bowman) The cheque was not attached to a voucher. Mr Bowman: Was there nothing written on the voucher preventing payment of the cheque? Witness: No. Mr Bowman: Was it not endorsed in words to the effect that it was only payable subject to the inspection of the engineer? Witness: I think there was something of that sort. Mr Bowman: Did not Romero come to you on that day, and tell you that he wanted money to pay his men? Witness: He did; and I gave him £10 of my own money, telling him that I could not give him the cheque. Mr Bowman: Why did you not hand him over the cheque? Witness: Because I had orders from him, and had not time to settle the matter. To His Honor: I said, “I don’t think you can get it just now.” Mr Bowman: Did you use these or similar words to Romero on that occasion, “I cannot pay the cheque because the work has not been passed by the engineer, and it would be as much as my billet is worth to do so?” Witness: I did not. Mr Bowman: Did you not tell him in the office, when you gave him the £10, that it was on account? Witness: I did not; I lent him £10, to pay his workmen. Mr Bowman: How long after that interview was it before you cashed the cheque for £52 7s. Witness: I think some four or five hours. Mr Bowman: Why, after what you had said to, did you cash the cheque at all?

Witness: To secure my own money and several orders had received from Romero one of them for Mr Zincke. Mr Bowman: The work was not passed then? Witness: I don’t know. I cashed the cheque, because that morning Romero and I had had a dispute. I told him I would not be bothered with orders. No man gave me so much trouble as Romero during my term of office. Mr Bowman: Did not Romero call upon you again on the Monday, and did you not again tell him that you could not pay the money, because the work was not passed? Witness: No. Mr Bowman: Did you not see him again in the presence of the surveyor? (At this stage the voucher referred to was asked for, but was not produced.) Mr Bowman: Having a safe in the office, why did you leave the £50 in a drawer? Did you lock the drawer? Witness: I did not.  Mr Bowman:  Did you think that it was safe to leave the money in that way when you went from the office? Witness: As I expected to be back in a very few minutes, I did not think it unsafe. Mr Bowman: You actually returned about six o’clock?

Witness: Yes. Mr Bowman: Why did you not then put the money in the safe? Witness:  Because I had not the key in my pocket. Mr Bowman: Why did you not then put it in your pocket? Witness: I thought, it was safer in a locked room. Mr Bowman: When you were there at six o’clock, did you open the drawer? Witness: Yes. Mr Bowman: On purpose to see the money? Witness: No; because I wanted some stamps, which I found. Mr Bowman: Have not you opened that window from outside, and got in, over and over again? Witness: I have, several times. Mr Bowman: And have not others done so? Witness: I have heard so. Mr Bowman: Then how could you think it safe to leave £100 in such a place?

Mr Bowman: Why did you pay Mr Smart that day partly by cheque, and partly in notes? Witness: I thought I had filled up the cheque for the full amount due for rates, but Mr Smart reminded me of a man at Barnawartha, whom I had forgotten, and I thought it was not necessary to alter the cheque. Mr Bowman: How long had you held the rates which you paid on that occasion? Witness: A few days, or weeks. Mr Bowman: How many, times have you been asked by the President and Mr Smart for those rates? Witness: Never, by either. Mr Bowman: When you said at the Police Court that you went, on discovering your loss, direct to Smart’s house, did you mean that you went straight to your own house? Witness: I have already stated that I first went home, as I had some cheques in a pocket book in my coat, and wanted to ascertain how much I had really lost. Mr Bowman: Why did you go to Smart at all? Witness: Because he was one of the most intimate friends I had, and I thought there was no one in whom I could place more confidence. Mr Bowman: Is not Rudd’s hotel between your house and Smart’s, and did you not call there? Witness: Yes, to ask for Smart. Mr Bowman: Did you see Mr Rudd there, or Mr Miller? Witness: Not that I remember. Mr Bowman: Did you ask for Mr Rudd? Witness: I did not. Mr Bowman: Will you swear that he was not in the bar while you were there? Witness: I will not. I was greatly excited, and I went to see Smart, thinking that there might have been a foolish lark because I had been careless about the money, and that he, having been knocking about, might know something of it. Mr Bowman: Why, on cashing the cheque for your own protection, as you say, did you not pay the money into your private account? Witness: I had no time. Mr Bowman: But you were in the bank at the time. His Honor remarked, drily, that there might be reasons why a man should not do that. He might, for instance, have overdrawn his private account. Mr Bowman: Did you send Mr Zincke the money due to him? Witness: I had not time to do so. Mr Bowman: At what time did you cash the cheque? Witness: About 12 o’clock. Mr Bowman: When does the coach for Beechworth leave? Witness: At 6 p.m., but, as I have already stated, I was occupied with business all the afternoon. Mr Bowman: If you did not mean to send that money to Mr Zincke, why did you cash the cheque? Witness: In order to secure my own money. Mr Bowman: Why did you ask Smart to go up to the office, why not consult him in his bed? Witness: I asked him to come up. I was Naturally excited at the loss of £50. Mr Bowman: You are clerk of courts at Yackandandah?

Witness: Yes. Mr Bowman: You know Senior-constable Steele, and have borrowed money from him? Witness: I owed him money at the time of the robbery; it was about £90. Since Smart’s committal he holds a bill of sale over my furniture. Mr Bowman: Can you remember a little money transaction in regard to Government business; something about an application for a mining lease, on which a deposit of £15 was paid? Witness: Yes. Mr Bowman: Did you appropriate the money to your own use? Witness: No. Mr Bowman: I will endeavor to recall the matter to your memory. Do you remember trying to borrow £15 from Steele once (apart from the other transaction) on an H form, to pay off a Government liability? Witness: I never borrowed £15 from Steele to pay off any Government liability, that I am aware of. Mr Bowman: Were you not secretary of the Forester’s lodge? Witness: Yes. Mr Bowman:  Have you ever “squared up” with them? Witness: I believe that they owe me £30. Mr Bowman: Now, Mr Darton, did you ever give acknowledgments for payments? Is not the court’s receipt-book untouched. Witness (emphatically): No, it is not. Mr Bowman: And the accounts have been squared? Witness: Yes, by me, but not, I consider, by them. Mr Bowman: This is not the first-time, I think, Mr Darton, that you, have asserted that you have been robbed. Did you not make a similar charge some time ago? Witness: Not that I am aware of. Mr Bowman: Were you not 15 or 16 years ago in business with your brother at the One Mile Creek? Witness: Yes. Mr Bowman: Do you remember stating that you had been robbed of £300? Witness: No, but the storeman, named Dawson, said he had lost £300. Mr Bowman: Did not you and your brother assign your estate about that time? Witness: No. Mr Bowman: Did you turn insolvent? Witness: No. Mr Bowman: Did you make no arrangement with your creditors about that time, then? Witness: We made a composition with our creditors. Mr Bowman: Did you not show your creditors an account which showed that Dawson had been paid in full? Witness: I cannot remember; it is many years ago. Mr Bowman: Did Mr John Turner ever say anything to you about this affair? Witness: Yes, at Chiltern. Mr Bowman: What was the consequence? Witness: I do not know of any. Mr Bowman: Were not you and Mr Turner at that time on the same church committee? Witness: I never was, that I can recollect. Mr Bowman: Did not Mr Turner say to you, in regard to this very matter, that you or he must resign your seat on the committee? To His Honor: Witness stated that he could not now remember whether he was ever on a church committee at Chiltern or not. Mr Bowman: On the first inquiry, at the police court, was any mention made of blotted papers? Witness: No. Mr Bowman: You know Mr Ross, the watchmaker.  Do you remember having a conversation with, him on Sunday, the day after the robbery, when he went to bail Smart out. Witness: Yes, I do. Mr Bowman: Did you then tell him that there were no blotted papers on the table, and that you thought it very strange. Witness: I did not; I swear that. Re-examined by the Crown Prosecutor: I got a telegram fixing the 16th of October as the time for auditing the Shire accounts by the Government auditor. Arthur Loftus Maule Steele deposed: I am a senior constable of police, stationed at Yackandandah. I received information of the robbery on the Saturday evening from Mr Darton. In company with Constable Keirnan, I went up to the Shire Office, passing Smart, who was standing at the door of Mr Rudd’s Messrs Haig, Rudd, and Darton were in the Shire Office when we got there. The window was open, and ink spilt on the table. The ink-bottle had been picked up. I looked on the table close, to the window to see if I could find traces of any one having come in but could not see any. I then went outside and tried the window. Coming in again I asked Darton to show me any marks of ink he had seen. Darton then handed me the papers that were lying about for examination. Neither Mr Rudd nor myself could see any mark on the papers. I then proceeded to the gate of the Roman Catholic Chapel where, on striking a match, I found the print of a boot on the bottom rail. It was a clear impression of the heel of a boot, quite newly done. There were two rows of nails. I Jumped over the fence, but for some yards could discover nothing. Further down I found another heel-mark corresponding to the mark on the fence. The track seemed to be going in the direction of prisoner’s house. On the inside of the heel there, are only one row of nails, on the outside, two rows. There were also marks going from the wicket gate. I looked through the gate and saw the track continuing. I crossed the reserve and at the back of the shire office I again found the same track going through where the fence was broken. This would not be the usual route of a man going to the shire office, as it is twice as far as going the proper road. I never saw anyone take this road. In company with Constable Kiernan and Mr Darton, I then went to Smart’s place and woke him up. I asked Smart if he had been up to the shire office, and he said “yes.” I asked him if he saw any money with Darton, and he said “no.” He also told me he had been up since the robbery. He said he was quite sure he did not see any money with Darton. He said also that he had not been up the creek, nor near Hattersley’s, nor at the Roman Catholic Church reserve, for some days. I told him I had found tracks leading to his house, and I asked to see his boots. Smart lives alone. He asked what I wanted to see his boots for, and I told him that I must see them. He then opened the door. He was partly undressed, and his boots were off. He then struck a light. I told him the way the track led, and drew a rough plan with a knife. I also described the print of the boots, telling him the number of nails in the heel. Smart then gave me the boots, saying they were the pair he had worn that day. l turned up the boots, and said, “those are the boots which made the tracks I found.” Smart denied its being his track. Mr Rudd came down, and we compared the track with one of the boots. They corresponded exactly. Mr Darton and Constable Kiernan were also present. Constable Kiernan measured the boot and the track. The number of nails in the boot corresponded with the number in the print. The impression was in sandy clay. Mr Rudd seemed doubtful about the matter. Smart strongly denied its being his track, and said he had not been there for some days. It was a damp, dewy night. I told Smart that his boots had been there if he had not. I told Darton to get a search warrant. Smart told me that I could make a search there and then if I pleased. I did make a kind of search, but owing to the place being full of chaff and potatoes, and all kinds of things, I could not do it thoroughly. After searching, I found marks on Smart’s trousers. Smart seemed much alarmed, and said they were not ink marks; the ink was still damp. I asked him if he could account for the marks. He said he could. I asked him to do so, and he told me to go to h — , and do my d— — t, and asked me why I did not find the money I told him I must do my duty, and asked him how the marks came upon his trousers. He would not say, and only told me to go to h— , and find out. I then took him to the camp, and told Dartori to go and lay an information, which he did. Mr Rudd proposed bail, and asked Haig to become bail for Smart. Rudd said I must take bail if it were offered. Smart was not bailed out till next morning. After he was bailed I went over to the township with him. I got him to change his trousers, and I took those into my charge which he had been wearing. There was a piece of wood in the Shire office about two feet long; it would do for a step by which to mount on the table. On the 1st November Smart gave me two ink-bottles (produced): He told me he could account for the ink-marks on his trousers. He said he had been reminded by Deakin, a miner, of having spilt some ink on his trousers while registering a claim for Deakin. I asked Smart when the race was registered. He said the same night the money was stolen. The race belongs to Deakin. I asked Smart to show me the entry. He did so, and I remarked that the book was quite clean, and asked him what ink he used. He pointed to a bottle, and said, that was it. He told me that he had upset the bottle while dipping the pen in. I looked for ink marks on the floor, but did not find any. Smart pointed out two small spots on the table. He said there could be no mistake about the ink as he never used any other. I then took possession of the ink, and Smart said it was “taking a point” and “sharping on a man.” I told him that if he were innocent it would be so much in his favour. He said I was doing all I could against him. I said anything he told to enquire about with a view to come at the truth, I would see to. I took both ink bottles and the papers from the shire office to Mr Gammon, chemist, Beechworth. I am treasurer of the Foresters’ Society. Mr Darton’s accounts are all right with the society. There was a mistake but it was put right. Mr Darton is a creditor of the society to the extent of about £30. Mr Darton owes me a few pounds, borrowed before he was made clerk of courts. Cross-examined: All the conversation I have described took place after the arrest. I did not caution Smart that all he said would be used against him. On searching Smart I found a cheque for £20 and some other money, also some receipts. Smart had been in and out two or three times during the night. I know the paddock where Smart keeps his horse. The road through the wicket gate is the nearest road to the paddock. Constable Kiernan deposed:  On the night of the robbery I was with Constable Steele and I corroborate all his testimony. I felt the trousers myself, the ink was damp. Constable Steele recalled: I compared the ink mark on Smart’s trousers with the mark on one of the papers, they corresponded. George Gammon deposed: I am a chemist, residing in Beechworth. In November last, Constable Steele brought me the ink bottles, trousers, and the papers produced. One of the bottles contains ink in which there is foreign coloring matter. It would show blue. The ink in this bottle is the same as that which has produced the marks on the trousers and on the papers. The other bottles contain common writing ink, free from any foreign coloring matter. I tested the ink with citric acid. I produce the test-papers, being results of the application of citric acid to the different inks.

Samuel Hollister deposed: I am an accountant at the Bank of Australasia, Yackandandah. On the day of the robbery I cashed a cheque for £52 7s for Mr Darton. John Deakin deposed: I am a miner, at Yackandandah. On the 28th of October, I registered a race. I came in about noon, but could not find Mr Smart. I waited two hours. I came back again at seven in the evening, and he was not in the office. I then went to Rudd’s Hotel, and stopped about twenty minutes. He was not there during this time. He then came up from his own place. I told him I wanted to register a race, and we went to his office, and he registered the race for me. We were in the office about half an hour. I saw him knock over the ink bottle. It was not dark when I was waiting for Smart. I could see the Shire Office. No one went in or came out, while. I was waiting at Rudd’s. This was the case for the prosecution. It was now stated that, in order to prepare the evidence for the defence, it was desirable that an adjournment should take place till the following (this) day, when Mr Bowman asked that the accused should be admitted to bail. His Honor said that, he had once granted a similar application and had occasion to regret it. He had made up his mind therefore to refuse any further applications of the kind. He must therefore now do so. The Jury were allowed to return home with a caution from the Judge to the effect that they would fail in their duty, if they, or any of them, entered into conversation with any person on the case before them. The Court then adjourned until 9 o’clock this (Thursday) morning.

Ovens and Murray Advertiser 20 April 1872 page 8

BEECHWORTH CIRCUIT COURT.

Thursday, 18th April.

(This, the third day's sitting of the court, was re-opened punctually at nine o’clock before His Honor Judge Barry.)

The Yackandandah Shire Case.

[The report of Wednesday’s proceedings, with the commencement of this case, will be found on our seventh page.] Joseph Smart, on remand, was charged with

stealing ten £5 notes from the Shire Office of Yackandandah. He had yesterday pleaded “not guilty.”   The jury in Smart's case was re-empanelled, as follows: — Enoch Williams, J. Irvine, M. McNamara, T. Maroney, John Shedden, Thomas Jardine, W, Pemberton, jun., David Morgan, Joseph Paul, Andrew Porritt (foreman), John Simpson, and Archibald Scott. Mr Bowman, instructed by Mr Zincke, appeared for the defence.

Mr C. A. Smyth, as yesterday, prosecuted for the Crown. Mr Bowman then opened the defence in Smart’s case. He said, in addressing the jury, that his learned friend, the Crown Prosecutor, in opening the case had told them that it should be dealt with as any other case of larceny, so far as he was concerned, but it had not been so dealt with, though probably, it had been, so far as the Crown Prosecutor was concerned. But if they remembered the challenges made by the Crown, when the jury was empanelled, they would see that this was not at all dealt with as an ordinary charge of larceny. It seemed to have been the object of those who advised the challenges, who ever they might be, to exclude all miners from the panel, as Smart was Mining Registrar, and interested in mining, and also all persons who lived in Beechworth and were well acquainted with the past career of those chiefly interested in the matter. In fact the action on the part of the prosecution tends to get rid of all persons who knew the comparative value of the oath of “that man Darton” and the simple word of Joe Smart; at the same time he was perfectly satisfied with the jury as it was. Mr Bowman then preceeded to go through the evidence in de tail. On a certain day according to the Crown case, Mr James Hill Darton had cashed a cheque drawn in favor of Romero and Co. He had placed £50 in notes, chief proceeds of that cheque, in an unlocked drawer. He knew well, and had admitted in his evidence, that he himself had often entered that room through the window, and that others had done the same thing frequently also. He had a safe in the office, and yet he thought this drawer was a proper place in which to leave more than £100. He explained that by saying that the door was locked, and his not putting the notes in the safe by his not having the key in his pocket; but why did he not go and get the key? His house was at a very short distance from the Shire office. When Darton was first examined in the Police Court at Yackandandah, he said “Directly I missed the money, I went to Joe Smart’s.” Mr Darton, however, was also Clerk of Courts, and all subpoenas for the witnesses on both sides had to pass through his hands. When he found that one of these witnesses would prove that he had gone to his own house instead of going direct to Smart's, he stated that he had gone home to see if he had lost anything else, but not till then. Again, in the Waterloo Hotel bar, which he not only passed, but entered, there were the president and two ex-presidents of the Shire, and why did not Darton inform them of the robbery? No; he wanted Joe Smart, who was, he said, his most intimate friend, alleging, however, immediately afterwards, that, intimate as he was, he had never been in Smart’s house before. Why did he rouse Smart from bed in the middle of the night and drag him up to the office? What took place in that office, it was impossible to tell, Smart having been too drunk to remember. For what purpose Darton took him there, it was for them to decide, but it was certainly for no righteous purpose. He must have done it to subserve his own ends, and those were not righteous ends. Smart, on being informed of the rob- bery, even in the condition in which he was, at once advised Darton to inform the police of his loss. That was the most natural thing for an honest man to do. Darton did so, and found Steele, while Smart went home to bed, only to be again knocked up between 11 and 12 o’clock by Steele and Darton. They had some conversation on that occasion, and great stress had been laid by the Crown on the fact   that Smart had told Steele to “go to h_ and do his d_est,” but surely such an expression was natural under the circumstances Here was a man who, after affording the utmost facility to the Police for searching his house and person, being persistently “pumped” by the police officer. The latter did search, and without finding anything, Still they locked Smart up, with the intention, as Steele avowed, of having the ground clear for a more thorough search, there being   no one else in the house, but still he had found no traces of the money. Mr Bowman then dwelt at some considerable length on the subject of the footmarks which it was alleged by the prosecutor were those of Smart, and called attention to the fact that neither Rudd nor Haig, who were present on the occasion, had been called by the Crown, because, he suggested, it was known that their evidence would militate against the Crown case. The road or street, Wyndham-street, in which the one distinct footprint, outside the Roman Catholic Reserve fence, was found, was Smart’s regular way in going to the paddock in which he kept his horse. It was fine, dry, weather at the time; the path was little used, and as it was sandy, the impression of a foot might remain for weeks, unless, effaced by some one passing subsequently, or by rain. There were no marks of feet whatever under the window of the Shire Office, none on the sill, none on the table, and that was surely, on the hypothesis of the prosecution, a very singular thing. In regard to the inkstand, he contended that had the inkstand been knocked down as suggested, the stains on the table would have been a continuous stream, not a series of blotches. That must be an eccentric ink bottle which would bounce about in such a way and cause such marks. How then did those stains and that inkstand get where they were? Did not some one put them there? It was utterly impossible that the stains could have been made by any one going in through the window, and it was nearly equally impossible that they could have been got by any person going out through the window. There were other ways in which that ink might have been put on Smart’s trousers. It might have been done purposely it the time that Darton dragged Smart up to the office to “consult;” he might have wanted something besides consultation. After contending that had the ink stains been contracted at the time suggested by the Crown, they could not possibly have been wet when they were found; Mr Bowman asked— What took Darton up to the office at 9 o’clock? The office closed on Saturdays at noon, and the mere fact of his going up was suspicious. The blotted papers, too, ware never mentioned at the first police enquiry, though the fact of the inked trousers was well known, They were entirely an after-thought. In regard to time, he (Mr Bowman) believed that he could thoroughly satisfy them by evidence that Smart, between 6-30 p.m. and 9-30 p.m., could not possibly have been near the Shire office. He had not the slightest doubt of the result of the trial. They knew something of both men, and knew therefore that a word of Smart's was more trustworthy than a dozen oaths from the other man. Senior-constable Steele had made a very curious remark. He told Smart that he would “sift the matter to the bottom, as every one of them was putting it upon Darton.” Why did every one do this? Both men had lived among their neighbours for years; and he thought that in that one sentence, Steele had furnished him with a very good character of James Hill Darton. While, at the request of Smart and the solicitor by whom he (Mr Bowman) was instructed, he would go into evidence to prove an alibi, he had the fullest confidence of a verdict, even on the evidence produced by the Crown. He then called —

Peter Wright, mining surveyor and Government contract surveyor, who proved having made the plans produced from actual survey. The street in which Smart's house was situated was called Welsford-street; that which passes the Roman Catholic Church Reserve, Wyndham-street. He had known Mr Smart seventeen years. Had the highest opinion of Smart’s character, for reasons which he specified. He (Smart) was in no need of money. To Mr Smyth: The table by the window in the Shire Office is 2ft. 5in. high. John Kendall deposed: I am a farmer, living at Yackandandah. I remember the 28th of October. I saw Mr Smart on that night about a quarter to seven in his own house. He was feeding his horses. I staid about a quarter of an hour. A man named White came in, and I went away, leaving Smart and White together. To Mr Smyth: Smart was fit to transact business. Charles Henry White deposed: I am Smart’s general servant. I remember the day of the supposed robbery. I saw Kendal at his house. I stood till Smart went out, and then went to Rudd’s with him. It was ten minutes after seven when we got to Rudd’s. I stood, about a quarter of an hour, and then went away, leaving Smart there. I know that it was ten minutes past 7, because Mr Pyke was asked by John Fox to have some tea, and declined, saying it was too late. He pulled out his watch and said, “It’s ten minutes past 7 already.” To Mr Smyth: He was, I thought, unfit to transact the business I had to do with him. I had engaged with him on Thursday or Friday, and went this time to receive instructions as to my duties. I thought, as he was not sober, I had better leave it till Monday. Smart told me a few days afterwards that a man named Davy had called him into a private room, and told him that for £30 he would clear him of this matter, and he had declared that he would not pay a shilling to him or any one else for such a purpose, except actual expenses. I told Smart that Davy denied having said anything about the £30, and that he said “If I did I must have been drunk. I know Smart did not do that robbery, and when the case comes on, on Friday, I will clear him. If Smart is short of money, I’ll get the best lawyer in Melbourne to defend him.” John Fox deposed: I am barman at Mr Rudd’s Hotel. I know Smart, and White. I remember the night of the robbery. Smart and White came into the bar about 10 minutes past 7 o’clock. Mr John Haig and Mr Pyke were there. I asked the latter if he would have some tea, and he said “No, it’s too late,” and he pulled out his watch and said “Its ten minutes past seven, I must be off.” I was in the bar all the evening except for five or ten minutes. When I left, Mr Rudd was in the bar. Smart was knocking about the bar till half-past nine. He could not have been out of my sight for more than a very short time. He was talking, and having a drink now and again. He went home about half-past nine. I stood at the corner and watched him to his gate. I watched him because I could see he was pretty tipsy. To Mr Smyth: There were plenty in and out of the bar that evening — dozens. I cannot say how long he might have been absent from the bar; certainly not half-an-hour. I do not recollect a conversation occurring at Rudd’s fixing the time when Smart was there. I know Mr Deakin. I do not recollect any conversation with him at Rudd's. I might have had such a conversation. Erasmas Peter Jansen, deposed: I am a miner residing near Yackandandah, at Kirby’s Flat. I was in Yackandandah on the night of the robbery. I met Smart there. I was with Smart from half past eight to half past nine to the best of my belief. I saw Smart go towards home drunk at half past nine. Cross-examined: He was able to walk home.

Walter Riddington, deposed: I am a vigneron at Yackandandah. I remember 28th October. I was in Yackandandah to meet Darton on business at 7. I did not go to the Shire Office. I looked up from Rudd’s at the window of the Shire Office, but could see no light. Cross-examined: I stood at the corner of Rudd’s garden. There are trees in the garden. There was nothing to lead me to suppose Mr Darton was in his office. It could   not have been much after 7. I could see the window well from where I stood. John Haig, deposed: I am a storekeeper and baker, residing at Yackandandah. I was in Rudd’s on the night of the robbery. Smart and White came in the bar at a quarter past seven. I remember the time by Mr White pulling out his watch and remarking that it was 20 minutes past 7. I have known Mr  Smart for many years and consider him a thoroughly honest, upright man. Cross-examined: It was my cheque that was stolen. Payment has been stopped. Joseph Rudd deposed: I am President of the Yackandandah Shire Council, and proprietor of the Waterloo Hotel, Yackandandah. John Fox is my barman. On the night of the robbery, I was in the bar at all times when Fox was absent. Messrs Haig and Darton went with me to the Shire Office, as soon as I heard of the robbery. The plan produced is a faithful delineation of the table in the Shire Office, and the ink marks are represented correctly. There are two ink marks only. I saw only two papers ink marked. I looked carefully. I examined outside the window, but found nothing. There were no perceptible marks of any kind, either of ink or mud, beyond what are represented on the plan. The first tracks we found were on the footpath in the main street, going from my house to the Shire Office. On Steele pointing the track out to me, I said I thought it was Smart’s. It was a good, clear track, made on a hard road. We then went to the corner of the Roman Catholic Church Reserve. Steele asked me to examine a track on the footpath leading along the fence. I said I don't think the track is the same as the first. I told Steele I could not trace the nails in the heel of the boot. I pointed out that the sand   had caved in after the impression had been made. Steele said any person would swear it was the same. I said he was wrong! he could not say so, as the impression was too indistinct. He then said the same person that made the footprint had climbed the fence. I looked at the rail; I said I did not think Smart could climb that even if he were sober. I could see no track on either side of the fence. After examining the track we got the boots to compare with it. I suggested to make another impression alongside. Steele wanted to put the boot in the print. I told him that was wrong. He then placed the boot in the print. I said of course it fits now. I then went home. I have known Mr Smart 16 or 17 years, and believe him to be thoroughly honest and in every way straightforward. He still holds all his appointments. Mr Darton had to resign his appointment as Secretary to the Shire Council because of irregularities in his accounts, discovered by the Government auditor. Cross-examined; I made the same statement with regard to the footprints when I was first examined at the Police Court. I am sure of this. (Mr Rudd’s depositions at the Yackandandah Police Court were then produced, but it appeared that the statement about the boot-print had not been taken down. Several gentlemen in court, however, assured Mr Smyth that they had heard Mr Rudd depose what he declared.) When I examined the track going from my place I thought it was Smart’s. I remember Steele saying, “Stoop down and look at it.” Steele held up the boot to show me, but he would not make the print alongside. I recollect one of the constables measuring the boot and the print with a stick. The size corresponded, but I could not see the mark of the nails on the print. I remember a half-sole being pointed out to me on the boot, but could not find its counterpart on the print. This conversation took place on the night of the robbery. This concluded the case for the defence. Mr Smyth, in replying for the Crown, remarked on the comments Mr Bowman had made in regard to the challenges. He thought such criticism was extraneous, but he trusted the jury would not allow themselves to be influenced by it, and would, take no notice of it. He contended that Mr Darton having seen the notes safe at six o’clock, the attempted proof of an alibi had been altogether unsuccessful. He went through the evidence, and dealt very heavily with Smart, contending that the case for the prosecution was conclusive, and that the prisoner's counsel had entirely failed to meet it. He occupied a considerable time in dealing with the foot-marks, the inkstains, and the question of time, all of which, he urged, went in favor of the theory of the Crown. He complimented Senior Constable Steele very highly on the intelligence and ability displayed by him, and asserted that no reasonable explanation what ever had been given either of the inkstains or of the tracks, which corresponded exactly with Smart's boots. Mr Smyth also showed the various plans to the jury, and contended that they strengthened the case, which he had laid before them. His Honor summed up the evidence at considerable length, apparently, for the most part, in favor of the prisoner; and the jury retired at one o’clock. They were absent for more than six hours. The Judge took his seat at 7 p.m., and the jury came in. The Foreman stated that they had not agreed, and were not likely to do so. His Honor asked if there were any matter in the case in which he could assist the jury. He should be most happy to do so. After some conversation, the Foreman again repeated that there was little chance of the jury agreeing. His Honor said that he would attend at any hour of the night, if they thought they could agree. The Foreman again said that the differences could not be reconciled. His Honor: Of course I am bound to respect your differences of opinion, but cannot they be reconciled? Can I help you in any way? You must remember that the inconvenience to the public will be very great, and also to the prisoner, if this case is not settled at once. I have no desire to hurry or coerce you into a decision, hut the question is important. The Foreman (on the suggestion of another juryman) asked what time in Smart’s absence was unaccounted for on the evening in question. The Judge proceeded to reply to this question from his notes, very clearly and distinctly. He stated that the time during which Smart’s whereabouts had not been ac- counted for, could only be from a few minutes past six till some twenty minutes to seven. The Jury then, by their own request, again retired, but returned in less than 10 minutes, when The Foreman stated that it was impossible that they could agree. The Judge said that he thought there could be no great difficulty in men of business arriving at a conclusion on this case. He did not wish to treat the jury with penal severity, nor on the other hand with too great lenity. They were all there to do certain work, and they ought to do it. After a pause, the Judge said “If it is really hopeless that you should agree, it is no use going on. You are discharged.” Mr Smyth, the Crown Prosecutor, supposed the prisoner would be remanded to the next Circuit Court. His Honor: I can only remand him to my own court, according as I may sit here or in Melbourne. Mr Bowman: You will admit the prisoner to bail as before?

His Honor: Has he been out on bail hitherto? Mr Bowman: Yes, twice, and on each occasion has surrendered to his bail. His Honor: “The prisoner is still, in the eye of the law, as innocent as myself, or any man in this court or this colony. [Mr Bowman: And with as good a character.] He will be allowed out on the same bail as heretofore." The Court was then adjourned sine die. Mr Smart was almost immediately bailed out by Mr Ross and Mr Keane, the momentary delay being caused solely by the absence of any magistrate who had not an interest in the case.

The Hay Standard Wednesday 24 April 1872 page 4

Beechworth, 18th April. — The sittings of the Circuit Court were concluded today; in the case of D. Smart, for larceny, the jury retired for seven and a half hours; they could not agree, and were discharged; the prisoner was remanded to next sessions, Mr Justice Barry accepting the previous bail; the popular feeling is strong in favour of Smart; it is generally supposed that eleven of the jury were for acquittal and one for conviction.

Ovens and Murray Advertiser Saturday 20 April 1872 page 4

ORIGINAL CORRESPONDENCE.

THE YACKANDANDAH CASE.   To the Editor of The Ovens and Murray Advertiser.

Sir, — Mr Smart must have incurred very heavy legal costs in defending himself against the groundless charge brought by J. H. Darton. I think that under such circumstances the public throughout the district would be glad to reimburse him those costs. I will give half-a-guinea directly I know where to lodge it, that sum being as much as I can afford. Perhaps some gentlemen of more influence than I possess will give the thing a start. My name of course is inclosed, but in the meantime, I nm Sir, Your obedient servant,

A SYMPATHISER.

Beechworth, April 19th 1872.

JOSEPH SMART

Ovens and Murray Advertiser Saturday 2 January 1869, page 2

TESTIMONIAL TO JOSEPH SMART, ESQ., M.M.B.

On Wednesday, evening last the friends of Joseph Smart, Esq., M.M.B. assembled at the Reefer’s Arms, Hillsborough, to present him with a gold watch, value £25, as a mark of their esteem on the occasion of his leaving them.

Mr JOHN BROWN was called to the chair, and in a few appropriate remarks, eulogised Mr Smart, who, he said, had done much not only for the local institutions and interests of Hillsborough and Yackandandah, but had likewise greatly exerted himself on behalf of the institutions of the Ovens; he then called on Mr Rodgers to present the testimonial. Mr RODGERS said: — “The duty allotted to him was a most pleasing one, and that if Mr Smart was not present he should feel more at liberty than he now did, to dilate on that gentleman's very valuable public career; but he disliked praising a man to his face. As a member of the Beechworth Mining Board Mr Smart’s probity and attention were recognised by all, and his continuing to represent the Yackandandah division for seven years is an undeniable truth, affirming the high estimation in which he is held. The New Era Quartz Crushing Company, which it was hoped would prove very advantageous to Hillsborough, was greatly indebted to Mr Smart for the time and attention he had bestowed in endeavoring to bring it to a successful issue, and this too without his possessing a large stake in the venture. The Hillsborough Common School is likewise much beholding to Mr Smart for the interest he has taken in founding it, and establishing it on a firm basis. Indeed, no matter how great or how insignificant the matter might be, Mr Smart has ever been ready with head and hand to forward it. It was on the occasion of Mr Smart’s leaving Hillsborough, that the people here determined on evincing their high approval of his conduct.” Mr Rodgers, then turning to Mr Smart continued: “Sir, I am deputed by your friends, which means every inhabitant of Hillsborough, to present you with this watch, as a mark of their high esteem of you in every walk of life, whether public or private; and I do not doubt that you will regard it as such, and so hand it down to your children, who, when we that are now present are mingled with the dust, will look on this inscription, remember their ancestor, and emulate his deeds. Inscription: “Presented to Joseph Smart, Esq., M.M.B., by the inhabitants of Hillsborough as a mark of their esteem of his useful public services during his residence among them. — Christmas, 1868.” In the name of your friends, Sir, I wish you success in every capacity and place. Mr SMART: Mr Chairman and gentlemen, — “I should violate my inmost feelings did I attempt to conceal from you my high sense of the very handsome manner in which you have recognised my past career in your midst; I can never forget this day whilst I live; I cannot say that I feel myself to be deserving of this tribute of your respect, for I know that I have only done my duty, and that we all ought to do without pay or reward. It is satisfactory to me to he able to say that in times of fiercest dispute, when I have had occasion to differ from many of you in matters of public policy, that I have never been insulted or upbraided by a man of Hillsborough or Yackandandah. I shall indeed treasure up this memorial, and hand it down to my children as a proof that to do one’s duty is the surest way to win the regard of honest and honorable men. You may be sure that though my body be absent from you, my heart will remain here, and that wherever I am my services, still as heretofore, will be at your disposal.”

OBITUARIES JOSEPH SMART

Yackandandah Times, Friday 21 June 1895, page 2

It is with regret that we have to record the death of another of the old ‘landmarks’ of Yackandandah, Mr Joseph Smart, which took place at the residence of his son-in-law, Mr J. Rowley, of Bethanga. It is barely 12 months since Mr Smart relinquished active life and retired, but as the winter months of last year had a serious effect upon his general health, it was not unexpected that this winter would be trying to his constitution. Deceased was one of the oldest residents of the district, and in the early days he took a very active part in all public matters. He was born at Bristol in 1808, and when quite a young man he took to a seafaring life, ultimately settling down in Sydney, where he engaged in store-keeping for a few years. In 1849 the glittering accounts of the Californian goldfields attracted his attention, and he went there to try his fortune. It will be remembered by the old identities that very soon after the California rush, the diggings broke out in Australia. Mr Smart returned, and visited most of the rushes in both New South Wales and Victoria in 1852-53, finally settling down at Yackandandah. He followed the occupation of a miner for many years, first at alluvial and subsequently operating at several of the quartz reefs. He subsequently filled the position of rate collector to the Yackandandah Shire, and later on was appointed Mining Registrar, Electoral Registrar, and Registrar of Births and Deaths. On relinquishing the position of rate collector to the shire he was appointed treasurer, and only resigned that position in September last. He was also a member of the Beechworth Mining Board, having been elected in 1862, and which position he held for over 30 years, only retiring on account of age. Even after he retired from mining pursuits, to take the positions above enumerated, he did not fail to evince an interest in it, for he was one of the promoters of the Pioneer Ditch, and he speculated in several district reefs, notably the Polar Star. He was always a favorite with the public, and on one occasion the miners of Hillsborough presented him with a handsome gold watch, and on another occasion the residents of Yackandandah presented him with a purse of sovereigns. It will thus be seen that although he passed away at the ripe old age of 87 years, his life had been a useful one. Not only was be a busy man from a worldly point of view, but he was also a consistent supporter of the church and of charities; in fact he was treasurer of the Church of England up to two or three years ago, when old age compelled him to retire from the position. The funeral took place on Monday, the remains having been brought from Bethanga that morning. The cortege comprised a large number of old identities who had worked shoulder to shoulder with the deceased in the early days, and several members of the Beechworth Mining Board were also present. The funeral service was read by the Rev. F. Vanston in an impressive manner, and the general arrangements were left in the hands of Ramsay and Michelsen.

Ovens and Murray Advertiser Saturday 22 June 1895, page 10

DEATH OF MR. JOSEPH SMART.

It is with great regret we have to announce the death of Mr. Smart, formerly member of the mining board for Yackandandah, which took place at the residence of his son-in-law, Mr. Rowley M.M.B., at Bethanga on Saturday morning Last. The deceased gentleman was one of the pioneers of the Ovens district, having first arrived here in 1852, and after a short visit to the “lower diggings,” came back to Yackandandah, where he worked as a miner for many years. After holding the office of mining registrar, &c., he retired last year to end his days at Bethanga with his son-in-law. Mr. Smart always took a prominent place in all public matters connected with Yackandandah, and especially in mining, which he identified himself with to the last. Although of late years unable actively to aid the cause which he had espoused, yet his advice and assistance was always ready to those requiring it. The following is an account of the deceased gentleman's career: - He was born at Bristol in February, 1808, thus having attained, the ripe age of 87 years at his death. Being of an adventurous nature he visited various parts of the world as a seaman, and settled down in Sydney in the forties, where he carried on a storekeeper’s business very successfully. In the year 1849 the news from California of the finding of gold there attracted him, and he left with many others for the goldfields there, and worked with considerable success at Wood’s Creek, in the Southern mines. Soon after this gold was discovered in New South Wales, and he, like most of the colonials in California, returned to Sydney, and visited the diggings at the Turon Meroo, &c. When gold was discovered in Victoria he came over here, and went to nearly all the “rushes” in 1852-53, finally pitching his camp at Yackandandah, where he worked with fair success for many years. He was a member of the old Local Court of Yackandandah, and when a vacancy occurred in the representation of that division by the retirement of Mr. Peter Wright, who was elected as M.P. for the Ovens, Mr. Smart was elected to the Beechworth Mining Board in Feb. 1862, and held that office uninterruptedly for thirty two years, only retiring last year through old age and infirmity. His record is one which probably no other man in Victoria has attained as a representative. Mr. Smart was one of those men who might be called a “regular John Bull,” blunt, straight forward, outspoken, honest, and having formed an opinion he was not easily his kind and charitable disposition to all who were in distress or need of assistance. The funeral took place yesterday (Monday) afternoon at the Yackandandah cemetery, the corpse having been conveyed there from Bethanga in obedience to the expressed wish of the deceased. The Rev. Mr. Vanston officiated at the grave, and the funeral cortege was one of the largest seen for many years, a great number of old friends and acquaintances attending from all parts of the district, including Beechworth, who had assembled as a last proof of their estimation of the deceased gentleman. Messrs. Ramsay and Michelsen undertook the funeral arrangements, which were carried out with their customary ability.

CONCERN ABOUT THE SHIRE ACCOUNT BOOKS

Ovens and Murray Advertiser Tuesday 7 November 1871 page 2

Yackandandah Shire Council. Messrs A. L. Ely, and Miller, yesterday commenced the audit of the books of this council. As the report has not yet been sent in, we cannot say anything very definite, but we have reason to believe that everything has been found correct, and is likely to be so. We consider it only just to Mr J. H. Darton, the secretary, to make this statement, as very improper suggestions have been made on the subject.

Ovens and Murray Advertiser Saturday 11 November 1871 page 5

Yackandandah Shire Council. — On Thursday a special meeting of this body was held, convened by the president to take into consideration the conduct of the shire secretary in not having the shire accounts ready for the Government auditor on the day appointed, and refusing to give them up to the president or his order. There were present the president and Crs Mongan, Wilson, Robinson, and White. A long report from the Government auditor was read, disapproving of the system of book-keeping adopted, and also complaining of the way in which they were kept. There was a long discussion, during which a special sum of £208 19s 5d was referred to, but the consideration of the details of the subject were postponed till the next ordinary meeting. Eventually, on the motion of Cr Robinson, seconded by Cr Wilson, it was unanimously agreed that a vote of censure on Mr J. H. Darton, the secretary, should be placed on the minutes of the council, for removing the books from the shire office, and not having them ready for audit on the day appointed by the Government auditor.

Ovens and Murray Advertiser Friday 10 May 1872 page 2

YACKANDANDAH SHIRE COUNCIL.

From J. H. Darton, in reference to claim of £9 for salary. The auditors, Messrs Miller and Walrond, found an error showing a deficiency of £5; consequently £4 was tendered to him, which was not accepted. Subsequently an amount of £5 was found by Mr Mollineux attached to a tender, but with this the Council can have nothing to do. Moved by Cr MAXWELL, seconded by Cr MONGAN, — “That the Secretary be instructed to inform Mr Darton that on his acknowledging and rectifying the error, this Council can settle with him in full.”

DARTON'S SUSPENSION FROM HIS DUTIES AS CLERK OF THE YACKANDANDAH COURTS

Ovens and Murray Advertiser Monday 2 September 1872, page 2

Suspension. — We understand that Mr J. H. Darton has been temporarily suspended from his duties as clerk of the courts at Yackandandah, Mr W. W. Greene taking his place at present.

Ovens and Murray Advertiser Monday 21 September 1872 page 2

Suspension. — We understand that Mr J. H. Darton has been temporarily suspended from his duties as clerk of the courts at Yackandandah, Mr W.W. Greene taking his place at present. Mr George Maynard, clerk of the courts at Beechworth, has paid two visits to Yackandandah, in accordance with instructions received from headquarters, but his reports are of course private.

ANOTHER QUARRELL

Ovens and Murray Advertiser Monday 17 February 1873 page 3

ORIGINAL CORRESPONDENCE.

THE WODONGA LITERARY INSTITUTE.

To the Editor of the Ovens and Murray Advertiser.

Dear Sir, — It is not pleasant when an old friend determinedly sets himself out to quarrel with you, without sufficient cause. This it seems to me Mr W. H. Maxwell has done in an eccentric epistle, that bears his signature, which appeared in your columns on Wednesday last, 12th inst. He first attacks me personally, and then calls in question the accuracy of the report of the proceedings of a public meeting respecting the affairs of the Wodonga Literary Institute. Mr Maxwell’s attack on myself I pass over, as it is puerile and unworthy of reply. It has not a shadow of reason to support it. Regarding the accuracy of the report, I enclose the testimony of six gentlemen of position, who were present at the meeting. This, I believe, is the best answer to Mr Maxwell on that point. If Mr Maxwell really wishes to discuss the affairs of the Literary Institute, I believe, Sir, that you would willingly grant him space in your columns so to do; should he desire it, and if he will place his ideas plainly and intelligibly in writing, I am certain there are several gentlemen who will promptly join issue with him, and who can defend the truth and expose his errors of the past without the aid of a prompter.

The other matter Mr Maxwell refers to — Dibley v Maxwell — I know nothing of, except from his own ex parte statements and by the evidence taken at the trial, and I will not mix myself up with it in any way. Those who wish Mr Maxwell well will be glad to learn that he has resigned his office as councillor of the shire; for, although he is a generous-hearted, decent fellow, in private life, he is utterly unfitted for taking an active part in public affairs, and it is that which has caused him so much trouble of late.

I am, &c.,

J. H. DARTON.

Wodonga, February 14th, 1873.

LIFE MEMBER OF THE ATHENAEUM

Ovens and Murray Advertiser Thursday 14 May 1868 page 3

YACKANDANDAH ATHENAEUM.

FIRST ANNUAL GENERAL MEETING OF SUBSCRIBERS.

The first Annual General Meeting of the subscribers to the Yackandandah Athenaeum was held on Thursday evening, May 7th, 1868, at the Assembly Rooms.

Moved by Mr GREER, seconded by Mr PERRY, “That J. H. Darton, Esq., be re-elected hon. Secretary for the ensuing year; and as a compliment to Mr Darton for his valuable services to the Institution he be elected an honorary life subscriber.” Several members spoke in high terms of the services Mr Darton had rendered to the Institution, and considered it but just that such services should be recognised by the subscribers. The resolution was carried unanimously. Mr Darton briefly returned thanks for the honor conferred upon him.

A DROWNING IN THE BUFFALO RIVER 1879

Ovens and Murray Advertiser Saturday 8 February 1879, page 8

MYRTLEFORD.

Thursday day, February 6.

A magisterial inquiry was held before Mr M. O'Donnell, J. P, at the State School No. 1516, Buffalo River, on the 4th inst., touching the death of a State School scholar named John McGuffie. The following depositions were taken and sworn to: - Napoleon Constantine stated that the deceased, accompanied Thomas Smith, and himself, to bathe in the Buffalo River; the deceased preceeded them a little and was undressed and in the water when he and the other boys reached the bank; while we were on dressing the deceased sang out "Poly! Poly!"; I saw him then sink below the water and he never rose again while I was looking; I then dressed myself and went up to tell Mr Darton the teacher; deceased could swim a little; I have seen him bathing at the same place before and saw him swim a little then, in the same hole but not in the same spot; the place where deceased went down is deeper than where I saw him swim before; the deceased had just finished his dinner before he went into the water, he ate it as he was going down to the river. Thomas Smith, another boy who accompanied John McGuffie gave confirmatory evidence. Jas. Hill Darton said: I am a teacher at State School No. 1516, situated on the Buffalo River; On the 3rd inst. I was engaged in the school between twelve and one o'clock when two of the scholars came in and said in an excited manner, "Johnny McGuffie is drowned"; I immediately ran to the river accompanied by the two boys; on reaching the river I saw nothing of the body; I took off my clothes and swam to the place pointed out by the boys, but did not see the body and swam back again; I then sent the two boys for some ropes with a view to drag the river. I partially put on my clothes and went to meet them. I met Mr. McLees and the boys coming with the ropes and a pitch fork. I returned to the river and stripped again, and after several attempts succeeded in recovering the body, which was first seen by Mr McLees from the river bank. He pointed out to me where the body lay and assisted me to take it one of the water. After getting the body on the bank I, assisted by several other persons, pursued the instructions laid down by the Humane Society for about four hours to restore life, but all was of no avail. After the body was got out of the water I sent to Myrtleford for Constable Arnold, who arrived in the course of a few hours, and he assisted to remove the body to where it now lies. Have cautioned the scholars against going in the river unless accompanied by some person well able to take care of them. I should think it was about three-quarters of an hour, from the time the boys informed me until the body was got out of the water. To the best of my judgment the deceased was dead, when I got him out of the water. Only about one pint of water, and the dinner he had just eaten, came off his stomach. I with others used every exertion to restore life until the body got cold. There was a strong under-current where the body was found, and the bottom was rocky and slippery. Samuel Bell McLees said: Yesterday the third inst. some boys came to me for ropes. I got the ropes, and ran down towards the river, and met Mr Darton half way, coming up from the river. We both ran to the river as quick as we could. We could not see the body from the level of the water. I then got on to the high bank above it. I saw the body lying at the bottom of the river, and got a piece of stick and threw it on the surface of the water above where the body was lying. Mr Darton was taking off his clothes preparing to go into the river. I fastened a rope around him, and he swam into where the body was lying, and carried a long handled fork with him; and moved the body out of the hole where it was. He was able then to reach it with his feet, and brought it to the surface. I was then standing up to my middle in the river, and took the body from Mr Darton. I recognised the body taken out as that of John McGuffie. To the best of my belief the body was lifeless when taken out of the water. Constable Arnold deposed that about half past three on the afternoon of the 3rd inst., Samuel McGuffie reported to me that his brother was drowned in the Buffalo River opposite the State School. I immediately proceeded to the spot, and there saw lying on the bank of the Buffalo River the dead body of John McGuffie. It had been taken out of the water before my arrival. There were no external marks of violence on the body when I examined it instantly on my arrival. After examining the body I had it removed to the State school for the purpose of a magisterial inquiry. Finding, that John McGuffie died at the Buffalo River on the 3rd day of February 1879; from accidental drowning in said river while bathing. Mr O'Donnell, in concluding, gave great praise to Mr Darton, the State school teacher, for his exertions to recover the body, and after its recovery to restore animation. The moral I draw from the above inquiry, that State school masters should he taught not only to swim, but to dive. They would then be enabled to teach the boys under them, the very healthy, cleanly and useful art of natation.

A PILLAR OF THE PRESBYTERIAN CHURCH

The Yackandandah Times Saturday 29 October 1892 page 2

PRESBYTERIAN CHURCH. — The morning service held at the local Presbyterian Church on Sunday last was an interesting one as four elders were ordained. There was a large congregation. The elders appointed were Messrs Darton (Yackandandah), McCombe (Allan’s Flat) Wallace (Kergunyah) and Macdonald (Gundowring).