[Editor: This article, regarding a court case, was published in The Ballarat Star (Ballarat, Vic.), 20 April 1916.]
Gold in possession.
Beaufort man involved.
City court convicts.
Notice of appeal.
At the City Court yesterday afternoon before the Police Magistrate, Mr Read Murphy and Messrs H. J. Vernon, and T. Bodycomb, J.’sP., a comparatively youg man, named James Williams, a wood-carter, of Beaufort was charged with having had 10 ozs 8 dwts of gold in his possession, on April 13th, and with having failed to satisfy Sergeant Rogerson that he lawfully came by it. The accused, who pleaded not guilty, was defended by Mr J. B. Pearson. Sergeant Nicholson prosecuted on behalf of the police.
Sergeant Rogerson deposed that on the morning of the 13th instant he received a telephone message from the Beaufort police. In consequence, witness and Mounted-constable Morey awaited the arrival of the train from Beaufort the same day.
The accused was asked if he had any gold on him, but he replied “No.” Witness said “It is alleged you have gold on you. Will you satisfy me you have not?” The accused replied, “What authority have you to search me?” Witness said he was a detective, and then took the accused into the porter’s room. Just as they entered the room the accused put his hand in his pocket and said, “I have gold on me,” producing a bag containing 10 ozs 8 dwts of gold.
Witness asked the accused where he obtained the gold, but he refused to say. Further questioned, Williams said “I got it from a man yesterday,” but he would not tell him the man’s name. He then took Williams into custody, and drove him to the watchhouse, where he said he obtained the gold from Homebush twelve months previously. Williams still refused to say from whom he obtained the gold.
Later in the evening he delivered a message to the accused from a man named Troy, of Beaufort. Witness then said, “Do you still refuse to tell me how you came by the gold?” The accused said, “I refuse to tell you where I got it. I am the go-between, and if I tell you it won t do me any good; I was coming to Ballarat to buy harness, and thought I would make a few shillings out of the gold.”
Witness then said, “I think you ought to tell me the truth, and not shield another.” The accused answered, “It will do me no good, and it will only put him away.” In the watchhouse witness said, “This is Beaufort gold, and I suppose comes from the Northern Hope mine.” The accused replied, “Some of it may have come from there, but I can’t say.”
To Mr. Pearson — After witness said he was a detective, the accused admitted that he had gold in his possession. Apart from the present instance the accused had a good record. Captain Troy, who was an old resident in the district, spoke well of the accused.
To Sergeant Nicholson — The accused had made several contradictory statements.
Mounted-constable Morey gave corroborative evidence. The accused denied having any gold, even after Sergeant Rogerson said he was a detective.
William D. Thompson, legal manager of the Northern Hope mine, Beaufort, said the gold (produced) was very similar to that being obtained at the mine of which he was manager. It was coarse gold, and he did not know that gold of such a character was obtained anywhere else.
To Mr Pearson — There were no mines working at Homebush at the present time.
The defendant, James Williams, deposed that when he arrived at the Ballarat West Station he was questioned by Sergeant Rogerson as to why he was coming to Ballarat. Witnessed answered that he was going to buy some harness. Sergeant Rogerson said he intended to search him for gold. Witness asked his authority to search him. When Sergeant Rogerson said he was a detective, he admitted having gold in his possession. The gold belonged to himself, and was obtained by him at Homebush some 18 months ago. He worked at the Central Excelsior, and later went fossicking in the gullies at Homebush with a man named Nicholls.
Whilst fossicking they obtained about 12 ozs of gold. Witness retained the gold, and paid Nicholls in cash. Since he left Homebush the gold had been in a cash box in his house at Beaufort. When he came from Homebush he had about £130. He built a little home and improved it. For some time he was working at the Northern Hope mine for 7/6 per shift, but as it was not enough to buy the necessaries of life, he took a job as wood carter at 10/ per day. He purchased a horse for £26, and was coming to Ballarat to buy some harness, and also to convert the gold into money to pay for the horse and harness.
To Sergeant Nicholson—The reason why he did not give a full explanation to Sergeant Rogerson was because he did not know how he stood in the matter. The police were hard to satisfy.
Augustus Nicholls, repairer on the Railways, deposed that about 18 months ago he worked with Williams at Homebush. Whilst fossicking they did not have much good luck. During the six months they were fossicking together they obtained about 12 ozs of gold. As soon as the gold was weighed Williams paid him his share in cash. The gold (produced) was very much like that which they obtained whilst fossicking at Homebush.
To Sergeant Nicholson — He had a claim in Thomas’ paddock at Frying-pan, near Homebush. Williams paid him in cash for his share of the gold won at Homebush. He could not give the dates of the occasion when he was paid by Williams. He could not say definitely that the gold (produced) was that which they won at Homebush.
The bench retired for a few minutes, and on returning the Police Magistrate said they had no doubt that the statement of Sergeant Rogerson was correct. The accused virtually admitted it. There was no doubt that the accused either stole the gold or was a party to stealing it. — In fixing sentence, they took into consideration the man’s previous good character, and the fact that he had a wife and four children. The accused would be sent to gaol for six weeks. The bench ordered the gold to be forfeited.
Mr Pearson gave notice of an appeal, and bail was fixed at £50.
Source:
The Ballarat Star (Ballarat, Vic.), 20 April 1916, p. 3
Editor’s notes:
bench = a judge or a magistrate (or a number thereof, collectively) in a court of law (in a judicial role); the place where a judge or a magistrate (or a number thereof, collectively) sit in a court of law (a “full bench” refers to all of the judges of the court sitting together in judgment in a court)
Central Excelsior = the Central Excelsior Company, which owned gold mines in Homebush (Victoria)
dwt. = an abbreviation of “pennyweight” (plural: dwts.), a unit of mass that is equal to 24 grains, 1⁄20 of a troy ounce, and 1/240 of a troy pound; although there were some variations in historical measurements; the abbreviation “dwt.” is comprised of “d.”, the abbreviation for “penny”, the smallest unit of British currency (a reference to the smallest unit of Roman currency; singular “denarius”, plural “denarii”) and “wt.” (weight)
See: “Pennyweight”, Wikipedia
dwts = (also spelt: dwts.) an abbreviation of “pennyweights” (singular: dwt, dwt.)
gaol = an alternative spelling of “jail” (prison)
J.’sP. = (abbreviation) Justices of the Peace
Messrs = an abbreviation of “messieurs” (French), being the plural of “monsieur”; used in English as the plural of “Mister” (which is abbreviated as “Mr.”); the title is used in English prior to the names of two or more men (often used regarding a company, e.g. “the firm of Messrs. Bagot, Shakes, & Lewis”, “the firm of Messrs. Hogue, Davidson, & Co.”)
oz. = an abbreviation of “ounce” and “ounces” (an ounce is a unit of mass that is equal to 480 grains; although there were some variations in historical measurements)
See: “Ounce”, Wikipedia
ozs = (also spelt: ozs.) an abbreviation of “ounces” (singular: oz) [see: oz.]
watchhouse = (also spelt: watch house, watch-house) a building with prison facilities, used to keep people under temporary or short-term arrest (e.g. a police station with prison facilities); a police station with a small prison attached
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