WELCOME TO THE  RILEYS     

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                      From the SYDNEY MORNING HERALD August, 1856. WEDNESDAY.
 
      CENTRAL CRIMINAL COURT
      Before MR JUSTICE THERRY
        Edward Riley the Husband of Mary Riley (nee Delaney ) was charged with having at

North Richmond in the month of April last. stolen one calf, the property of one John Ryan.
      The prisoner pleaded not guilty, and was defended by Mr Holroyd, Mr Isaac's conducted the
case for the Crown.
      From the opening statement it appeared that Ryan ,the original prosecutor in the case . was
a farmer residing at North Richmond. About the month of April he lost a calf, some nine months old
from his run, a few months afterwards, in July ,Ryan found the missing calf in a run about a mile
and a half from his residence at Richmond, and near the residence of the prisoner. Witness called
prisoners attention to the calf in question , and he later claimed it as his property, but the
other insisted on driving it home, at the same time telling the prisoner that if he thought it was
his he might take measures to reposes it; the prisoner however never claimed the calf, and as the
brand which had first been put on the animal had been altered,  the prisoner was charged with
having stolen the calf and subsequently committed to trial.
      Ryan was the first witness examined, but the evidence was given in such a wavering uncertain
manner, and he contradicted himself so frequently, that his testimony was not at all of a reliable
character. He however, positively swore that the animal in question was his property.
     Anthony Rowlan deposed that.. in the month of May last , the calf claimed by the former
witness  was driven home by the prisoner from the bush; in some three months afterwards, in August
the prisoner branded the calf E.R.;  when about placing the brand ,prisoner was told by his mother-
in-law not to do so, as it was not the right calf; the calf was then branded with the letters ER
by which another brand JR was obliterated; a piece of the skin was also cut off the neck; witness
described the manner in which the original brand was altered to ER.
     Francis Shepton deposed that he gave evidence at Winsor on the examination of the prisoner
for the offense for which he was now on trial; He saw the calf claimed by Ryan in the Police
paddock in August last recognised it as one having every appearance as one he had formerly known
as the property of Ryan, and which calf had been branded with the letters JR on the off hip, the
calf he saw in Winsor was branded on the same place with the letters ER ; Ryan's calf was a bull
calf.
     John Bent ,examined; new Ryan saw a calf in the Police paddock in Winsor which he identified
as the property  of John Ryan ,and which had been some time missing: could not be mistaken with
his identification; the calf was a brindle calf, with white spots on the roots of the ears.
     Uria Shepton deposed that he lived within half a mile of the prisoner, he new the calf
claimed by Ryan; he saw it in the Police paddock at Winsor : remembered the 15th July ;saw the
calf in question on that day in Ryan's paddock,  Riley (the prisoner) was present and asserted
that the calf had been up to a few days past his property , but that he had sold it to John
Coleman; the brand he said was also his ,and had been put on by him ,; prisoners wife was present,
who stated in his (prisoners)hearing they had brought the calf down the country with them.
     Mr Holroyd cross examined several witnesses, but with exception of the two first witnesses,
Ryan and Rowlan, they sustained all particular points elicited in their direct examination,
     This concluded the evidence for the prosecution.
     Mr Holroyd  then addressed the Jury for the defence at considerable length ,pointing out the
contradictory nature of the testimony as given by Ryan and Rowlan. particularly the statement  of
the latter-that the calf as branded three months subsequent to the second week in May last, which
would bring the branding down to the month of August, whilst Ryan deposed to finding the calf
branded afresh on the 11th of July. The learned counsel called the following witnesses.
     Thomas Stamford, farmer deposed that he saw the calf claimed by the prisoner in the Police
paddock at Winsor; recognised it as one he had seen about eight months earlier at Londons and
subsequently at Norris; was positive to the identification of the calf in question,.
     Thomas Delaney deposed ,I live about a mile from Lunsdanes (Londons) in the month of May
last , prisoner brought a calf to witnesses place, where it remained near the house, for about a
month; at the expiration of that time ,the prisoner branded the calf with the letters ER ,;
witness occasionally saw the calf after that time, saw a calf in Winsor in August last ,which he
identified as the one branded ER ,by prisoner at his place.
     Cross examined by Mr Isaac's ,could you not say where the calf was brought from , when he
first saw it? believed it was brought from Lunsdanes (London's)  prisoner and Lunsdane his brother-
in-law, assisted along with the witness Rowlan in branding the calf,
     Ann Morris and John Coleman corroborated the testimony of the witness, which closed the case
for the defence.
     Mr Isaac's address to the Jury in support of the charge , after which his Honor summed
up ,and the Jury retired to consider their verdict, after an absence of an hour and one quarter
the Jury returned into the court, when the Foreman to the usual question replied they had not
agreed ,and it was his opinion that they would not , several other Jurors expressed a similar
opinion, and his Honor with the acquiescence of the council for the Crown ,discharged them.
     The prisoner was admitted to bail and left the Court with his friends..