Frederick Ward: Trial Transcript 1856
After being taken into custody for his alleged involvement in John Garbutt's horse-stealing operation in 1856, Frederick Ward (later known as the bushranger Captain Thunderbolt) was tried at the Maitland Quarter Sessions on 13 August 1856 and sentenced to 10 years hard labour on the roads – which by then meant the penal establishment on Cockatoo Island.
The following section contains my own transcript of Justice Cheeke's transcript of the trial of Frederick Ward and James Garbutt. This document has never previously been seen by Thunderbolt researchers and contains new and important information about the crime that led to Fred's first Cockatoo Island incarceration. As is generally the case with these judges' notebooks, the judge's sentences are not always grammatical or coherent as he hurriedly scrawls his notes. The sections highlighted in yellow reflect my uncertainty as to the words he had written.
To read the newspaper reports relating to Fred's hearing and ultimate trial, see Frederick Ward Trial Reports 1856. To place this trial in the context of Fred Ward's life, see his Biography.
Transcription of trial of Frederick Ward and James Garbutt, Maitland Quarter Sessions 13 Aug 1856 before Mr Justice Cheeke [SRNSW ref: 2/2484 13 Aug 1856]
Wed 13 Aug 1856.
The Court opened at the usual time before myself and Major Crummy
Frederick Ward & James Garbutt, Horse Stealing & Receiving
C Constable Garvan
Apprehended Prisoner Ward
on the 8th May (Thursday). I told him the charge
was stealing horses 20 or 30 of Zuill & others. He
said he knew nothing about it. I told him
I was going to ask him some questions. I
cautioned him & then I asked him if he
had crossed Wisemans Ferry with Garbutt.
He said not. When in Windsor he said not.
Did he know Garbut. He said Yes. I then
apprehended him. Searched Ward and found nothing.
I was present when Garbutt was apprehended 3 weeks
ago. He was told the charge was for stealing horses.
X by Pring. I? Garbutt for stealing
horses and sentenced to 10 years. Formerly
mentioned Garbutt. I had the prisoner Garbutt
in custody for horse stealing before & was discharged
the Prisoners were living in april.
Mr J Hart, Constable Paterson. Apprehended Garbutt
on 12th July
Saturday. The charge was ? H stealing. I
afterwards read with for stealing a number of Zuill’s
horses. Searched the Prisoner found £16 (the money
produced is only £13 odd. The remainder was given
up to the Prisoner.
John Zuill. Living at the Paterson with my father William
Zuill. He has horses. I look after them. I
missed some horses from Bellevue in
April last the 28th. first? 2 Grey Mares dappled
draft branded WZ. and No. on near shoulder –
plain brand – partly broken. I again saw them
in our paddock at Bellevue in about a
month after. I recollect a boy the name of McCleod
seeing one of the Mares – after we missed 30 head
about? a week. Saw some of them again in the paddock
a month after. Saw them as the
grey mare returned. Did not see who brought
the mare back. Ward was at Mr Reynolds at
Tocal the land adjoins Bellevue, about 10
months ago. He knew the brand of ours. I don’t
know Garbutt. I had not seen the Grey Mares
myself for a week or so they were ? at Bellevue.
X by Pring One of the Mares had her ? found? in Lambs
Valley, 12 or 13 miles from Bellevue. One they?
Could hail? 30 Head.
William Zuill. Paterson, Farmer. Last witness my
son. I missed some horses about the 25th
April last a large grey mare heavy branded
and numbered on near shoulder dappled
grey.
Afterwards we missed 4 or 5
more altogether 30 all branded and
numbered. Two grey mare were dappled. I
then next saw the mares at Windsor on the
9th or 10th May. I crossed the country coming
back. They were sold to different parties.
I collected about 30 (my own) together with some of Mr
Reynolds and some that were in my charge.
The lot about 47 or 50. Lambs Valley
a days journey from my place, another day to the
Wollombi, 2 days to Wisemans Ferry, another
day to Windsor. I only know Ward by
sight and never saw the other prisoner Garbutt.
I had seen one of the mares about 20th April (Sunday)
on the run at Bulwarra before I missed her – I saw
the boy McLeod and he saw the mare
dappled grey mare at W. Maitland &
the boy pointed her out of mob – he
picked out 3 or 4 mares all branded
my brand describes them – got them at
Walmsley’s or at Windsor. All the mares
were bred by me. And accustomed to
run on my farm at Bellevue. ? difficulty
? catch to Lambs Valley.
[note on side] Dappled grey
Iron grey
Bay mare
Bay filly [all branded]
X I have not seen the grey mare at Bellevue for about 3
weeks before I lost her. The grey mare had a
foal at her foot.
Charles Reynolds of Tocal. I missed
the horses (two) were returned to me
branded nr shoulder my
brand CR & No. one a bay roan also
branded CR & No. My manager went to
Windsor and fetched them he had the charge
of my star? stock? I have known the prisoner
Ward for some years. He was employed by me
for a year as stockman & horsebreaker. One
William Ward, his brother, was also in my
employment for 8 or 9 months after the prisoner
had left me. William lives at Lamb Valley
9 or so miles from me. The prisoner knew my brand
and also Mr Zuill’s. Prisoner offered Locock
and myself to come up and muster some
cattle for us 5 or 6 months back. He remained
with us for a fortnight mustering. I don’t
know Garbutt except seeing him one day
with the brother of Ward (William).
My two horses were branded as I have before
described. Garbutt & W.W. came into my
yard about a week after I got the horses
back.
Mr Locock. In the employ of Reynolds 9? years stock-keeper.
I received some information went to Windsor
and there I discovered 2 filly belonging to Mr
Reynolds (described them). I also found one
of my own branded HL conjoined. I
recovered Reynolds from Windred at Windsor,
my own from Wood. I had seen the
fillys ? a month before I recovered
them at Windsor.
The prisoner Ward was helping us to Muster in Feb
or March last – he knew the run and
came to give us a hand. I don’t know
Garbutt. I went with Zuill to Windsor.
X I saw John Garbutt at Windsor again
at Sydney.
Michael Blake, Lambs Valley, formerly at the
Paterson. William Ward lives with me. I
am growing wheat in halves with him. I
recollect horses coming to Lamb Valley in April
or May. Prisoner Garbutt said there were 50
head. The two Garbutts came with them
in the afternoon. Had a conversation about
the breeding the horses and what we ?
a boy of the name of McLeod herded them for
a couple of days. Saturday I first saw them
they had been here 4 or 5 days. The Garbutts
remained at Wards. I know the prisoner Ward.
He was there 2 or 3 days before the horses came.
I saw him the day after the horses came.
When the horses left he went – with the Garbutts.
John Garbutt rode and led one. The other
two went after horses on horseback.
? black boy then with the horses he
remained behind. He belonged to Jos Ward.
X Some of the wheat was or some not. Saw
Garbutt two days. I saw Prisoner Ward today.
The horses came he was there when they came horses
remained some days. Saw the horses start.
Ward was away a short time while the
horses were there. They went on the Maitland
Road.
The horses were all sorts? I have not seen Ward the
prisoner since until today. Saw Prisoner Garbutt
a week after in a house at Maitland occupied
by his father [presumably this means Fred’s father who was Garbutt’s grandfather].
Walter McLeod. I was at Holdway Station. I was at Lambs Valley
4 or 5 months ago with William Ward. Wages 5/-
pr week engaged with him at Maitland. I
recollect some horses coming about 3 weeks after
I came. I was there about 5 weeks. The two Garbutts,
Prisoner James one, fetched the horses 34 or 36 in number.
I was sent out to herd them. Mr Ward saying he
would break my neck or kill me. Herded them
10 days. Pris Ward was there before the horses
came 4 or 5 days, don’t know his business. Pris
Ward & Garbutt took the horses away. Saw a black
boy there when the horses were there. He helped me
to herd them. He was Jos Ward boy. I did not see
him until the horses came. After the horses
went black boy remained for a couple of days.
John Garbutt gave me 2/- when he returned
after the horse went away. Ward & John
Garbutt returned in about 6 days. James Garbutt
came two days after. They all remained for
a bit at William Wards. I next seen some
of the horses one at Reynolds a bay mare star forehead
area CR on near shoulder. About a week
ago, 4 or 5 more at Mr Zuill’s identifies the
? sworn to by Zuill. Bay mare had a foal,
a little dark one.
X The Grey mare was before heavy. I gave the
description of the some of the brands before I
seen them. The ? Grey Mare and Mr Reynolds
bay mare
Herded 10 or 11 days, certain about the brands.
It was a Z. The black boy’s name was Charley. I
cannot tell the month the horses came.
Constable Keating. I knew the prisoner Ward
a year ago saw him at the Wollombi sent?
? I saw him on the 22nd April last [note on side] At Wollombi
on the Sydney Road. He and another man & a on the 22nd April
black boy were driving a lot of horses. I noticed
2 large greys and a black mare & after that
? mare I took the brand of one of the
greys WZ near shoulder. Ward told me at
the time that my horse was fast by the Halter
under his feet. Saw the same horses driven
back about a month after. I am sure the 2
greys were the two greys that Ward was driving
Chestnut pony rode by Zuill the black boy
rode when driving the horses.
X Zuill corroborates the evidence of the
constable as to riding the particular horses. St
was many there? in his charge
Thomas Sleath Bishops Bridge, 28 miles from
Wollombi to Wisemans Ferry: a number [note on side] On the road
of horses came 35 or 40 they were fat to Wisemans
in my stock yard. 3 Persons a black boy Ferry
came two men they came late at night
and started at 5 oclock. A chestnut mare
was left behind. Ward looks like
one of the men but cannot swear. He is
also like the man that took away the mare.
Edward Walmsley at Wiseman’s Ferry,
the other side from Maitland. Recollect
horses came to the Ferry about 3 months
ago we swam them over the water a number
48. Two men and a black boy with
them. Prisoner Ward was one of them.
I don’t know the other Prisoner. They were all
driving the horses. I purchased a horse at
£7.10, mare & foal £4 colt 50s. I paid
the money to the Master. The Prisoner Ward said he had
nothing with the horses. I obtained the
receipts – but cannot recollect the name.
They went away towards Windsor. The horses afterwards
returned to my place but I did not see
the men until at the Court House.
The horses were with person of Zuill when
they returned. He claimed the horses I purchased
for £7.10s.
X Don’t know the brand – I noticed the brands
? and plain.
William Walmsley An apprehendee not bound over.
Edward Walmsley my son purchased 3 head.
Mr Zuill Black mare was belonging to ? The 13
head were moved. Purchase? 2 entire
colts rising 2 years – amongst the mob. I obtained
them with the rest.
Constable Grainger I know the prisoner. On the
24th or 28th April last Ward – towards
the end of May last. I know Garbutt
At Pitt Town close to Windsor. I then seen
2 men and black boy driving horses
to McKenzie’s P House. Ward was one,
John Garbutt, the B[lack] boy. Enquired for a
Paddock Garbutt asked for the paddock. I
told where they could get a paddock. I
asked Ward if horses were to be sold at
Windsor. He said yes that they came
from the Clarence. I said are they Ross’s.
He said yes. I said they don’t seem
the horse advertised. Garbutt said the
draft horses are behind with in. They
will be sold on Saturday week. The
mob consisted of 30 Head. I noticed
the horses and the brands WZ on
several on the shoulders. I asked Ward
if broker is and a good standing? – he
said the master was which I heard is
the Ross. He said it was. There was a
sale of horses belonging to Ross to be sold at
Windsor advertised. I saw the horses
sold by auction at Windsor by Seymour.
I purchased one.
X Ward said he had nothing to
do with the Horses. I saw the horses
in Jebbutts/Tebbutts
paddock. I have not seen the black boy
since. I apprehended John Garbutt. Sale the 30th
April, apprehended John Garbutt on the 2nd May.
Rel?: I spoke to Prisoner James Garbutt when I had John
Garbutt in custody.
Mr Seymour Auctioneer Windsor. I know Ward for some
years. I had dealings with a man who called himself
Ross. Ward was present with a black boy. He could
not hear what passed. The same Ross was
at the police office under the name of Garbutt.
I sold 35 head different brands. WZ mainly
for draft horses. On the 24th received instructions, [note at the side] 24th received
on the 30th sold them. Ross was not at the sale. Not present at
It ? to £215 net proceeds. What I paid the sale
to Ross. I did not see again until I saw Ward returned with John
him at Maitland. Ross said he had more 2 days after
coming in after which Martin the auctioneer James Garbutt
would sell.
Ist question: Who stole: the 2 Garbutts did
Ward assist or
Did Ward assist as receiving
not to guilty knowledge
The loss is proved
The possession first is the 2 Garbutts
Then is Ward & two Garbutts
Then is Ward and one Garbutt
As to second count – against Ward
See evidence of Grainger
And to knowledge of
the brands
& Different brands
Pring to the Jury a circumstantial case
Garbutt never had the possession of any of
the horses [note on side] Grey mare
seen at Bulwarra
by Zuill on the 20th
First the case against James Garbutt
The discrepancies – grey mare & date 2/- given to the
boy by John
Garbutt
Second the case against Ward
Acting as the receiver Wheat sold in April
A black boy
remained for a month
If the boy’s evidence
Doubtful – then the possession is proved
on Ward & John Garbutt
William Ward of Lambs Valley. Knows
the prisoner. Ward is my brother. I also
know John Garbutt. The two Garbutts
brought a mob of horses to my place in
February or March – not sure about
the dates. James & John brought them.
The boy McLeod & Blake were in my service.
McLeod 9 weeks in my employ. Patrick Dranan
and the prisoner was there. Horses came
on the Monday and left next Monday the
boy McLeod herded the horses. They were
mixed lot. Noticed the brands WM all
colours. Branded near rib under saddle.
Entire horse “Boyd”. Two days after
saw John Garbutt & Ward at my place. ?
Maitland Road they went they were sold at
the Maitland sale yard. On the 22nd April
James Garbutt came to me with a letter about
a mob fat cattle. One Grey “Glen Bottle?”
branded WM.
Ward and Garbutts left with the horses
when I returned home they had left.
X by C.P. describes the brand WM near side rib or
under saddle not shoulder letter 26 or
36, forty horses. I suffered the horses here.
John Garbutt Hard? nothing to the boy that
I would not Break his neck.
Fred was there a week before the Garbutts came.
22nd April letter brought from Joshua Ward
by James Garbutt.
I was apprehended on the same charge with James
Garbutt. In custody a fortnight then
discharged. Garbutt is my nephew.
Ward is my brother.
I commenced ploughing the 10th March. Horses
before then. Hard see from the 10th March where
remained until June. James Garbutt
was taken up for the horses and discharged. Wilson
claimed those horses. Zuill’s mare was amongst
the mob.
John Garbutt brother of James Garbutt. Know Ward
the witness. Don’t recollect when I was
at Lambs Valley. Took a mob of horses and my
brother was with them. It was in March. I saw
Ward in Maitland a few month before. Horses
remained 5 or 6 days. We took them to Maitland.
WM branded. They were sold at Maitland.
I drove a mob of horses to Windsor. I employed
Ward to drive them with a black boy. He was
at Maitland when I was at Lambs Valley. The
horses were branded Zuill and belonged to
him. They were not at Lambs Valley.
X My brother helped me with Wilson’s mob to
Lambs Valley from Lochinvar. I received the
mob of Wilsons but I won’t tell who stole
them.
I have been stockkeeper to several persons on
the downs? and I told James they were my
horses. I claimed the Windsor mob
and I had them when I met Ward. The
Windsor mob were never in Lambs Valley.
? Ward as to the deal of the
Boyd horse – Native of the ? ?
Garbutt guilty 1st Count 10 years hard labour roads
Ward guilty 2nd Count 10 years hard labour roads.
Wed 13 Aug 1856.
The Court opened at the usual time before myself and Major Crummy
Frederick Ward & James Garbutt, Horse Stealing & Receiving
C Constable Garvan
Apprehended Prisoner Ward
on the 8th May (Thursday). I told him the charge
was stealing horses 20 or 30 of Zuill & others. He
said he knew nothing about it. I told him
I was going to ask him some questions. I
cautioned him & then I asked him if he
had crossed Wisemans Ferry with Garbutt.
He said not. When in Windsor he said not.
Did he know Garbut. He said Yes. I then
apprehended him. Searched Ward and found nothing.
I was present when Garbutt was apprehended 3 weeks
ago. He was told the charge was for stealing horses.
X by Pring. I? Garbutt for stealing
horses and sentenced to 10 years. Formerly
mentioned Garbutt. I had the prisoner Garbutt
in custody for horse stealing before & was discharged
the Prisoners were living in april.
Mr J Hart, Constable Paterson. Apprehended Garbutt
on 12th July
Saturday. The charge was ? H stealing. I
afterwards read with for stealing a number of Zuill’s
horses. Searched the Prisoner found £16 (the money
produced is only £13 odd. The remainder was given
up to the Prisoner.
John Zuill. Living at the Paterson with my father William
Zuill. He has horses. I look after them. I
missed some horses from Bellevue in
April last the 28th. first? 2 Grey Mares dappled
draft branded WZ. and No. on near shoulder –
plain brand – partly broken. I again saw them
in our paddock at Bellevue in about a
month after. I recollect a boy the name of McCleod
seeing one of the Mares – after we missed 30 head
about? a week. Saw some of them again in the paddock
a month after. Saw them as the
grey mare returned. Did not see who brought
the mare back. Ward was at Mr Reynolds at
Tocal the land adjoins Bellevue, about 10
months ago. He knew the brand of ours. I don’t
know Garbutt. I had not seen the Grey Mares
myself for a week or so they were ? at Bellevue.
X by Pring One of the Mares had her ? found? in Lambs
Valley, 12 or 13 miles from Bellevue. One they?
Could hail? 30 Head.
William Zuill. Paterson, Farmer. Last witness my
son. I missed some horses about the 25th
April last a large grey mare heavy branded
and numbered on near shoulder dappled
grey.
Afterwards we missed 4 or 5
more altogether 30 all branded and
numbered. Two grey mare were dappled. I
then next saw the mares at Windsor on the
9th or 10th May. I crossed the country coming
back. They were sold to different parties.
I collected about 30 (my own) together with some of Mr
Reynolds and some that were in my charge.
The lot about 47 or 50. Lambs Valley
a days journey from my place, another day to the
Wollombi, 2 days to Wisemans Ferry, another
day to Windsor. I only know Ward by
sight and never saw the other prisoner Garbutt.
I had seen one of the mares about 20th April (Sunday)
on the run at Bulwarra before I missed her – I saw
the boy McLeod and he saw the mare
dappled grey mare at W. Maitland &
the boy pointed her out of mob – he
picked out 3 or 4 mares all branded
my brand describes them – got them at
Walmsley’s or at Windsor. All the mares
were bred by me. And accustomed to
run on my farm at Bellevue. ? difficulty
? catch to Lambs Valley.
[note on side] Dappled grey
Iron grey
Bay mare
Bay filly [all branded]
X I have not seen the grey mare at Bellevue for about 3
weeks before I lost her. The grey mare had a
foal at her foot.
Charles Reynolds of Tocal. I missed
the horses (two) were returned to me
branded nr shoulder my
brand CR & No. one a bay roan also
branded CR & No. My manager went to
Windsor and fetched them he had the charge
of my star? stock? I have known the prisoner
Ward for some years. He was employed by me
for a year as stockman & horsebreaker. One
William Ward, his brother, was also in my
employment for 8 or 9 months after the prisoner
had left me. William lives at Lamb Valley
9 or so miles from me. The prisoner knew my brand
and also Mr Zuill’s. Prisoner offered Locock
and myself to come up and muster some
cattle for us 5 or 6 months back. He remained
with us for a fortnight mustering. I don’t
know Garbutt except seeing him one day
with the brother of Ward (William).
My two horses were branded as I have before
described. Garbutt & W.W. came into my
yard about a week after I got the horses
back.
Mr Locock. In the employ of Reynolds 9? years stock-keeper.
I received some information went to Windsor
and there I discovered 2 filly belonging to Mr
Reynolds (described them). I also found one
of my own branded HL conjoined. I
recovered Reynolds from Windred at Windsor,
my own from Wood. I had seen the
fillys ? a month before I recovered
them at Windsor.
The prisoner Ward was helping us to Muster in Feb
or March last – he knew the run and
came to give us a hand. I don’t know
Garbutt. I went with Zuill to Windsor.
X I saw John Garbutt at Windsor again
at Sydney.
Michael Blake, Lambs Valley, formerly at the
Paterson. William Ward lives with me. I
am growing wheat in halves with him. I
recollect horses coming to Lamb Valley in April
or May. Prisoner Garbutt said there were 50
head. The two Garbutts came with them
in the afternoon. Had a conversation about
the breeding the horses and what we ?
a boy of the name of McLeod herded them for
a couple of days. Saturday I first saw them
they had been here 4 or 5 days. The Garbutts
remained at Wards. I know the prisoner Ward.
He was there 2 or 3 days before the horses came.
I saw him the day after the horses came.
When the horses left he went – with the Garbutts.
John Garbutt rode and led one. The other
two went after horses on horseback.
? black boy then with the horses he
remained behind. He belonged to Jos Ward.
X Some of the wheat was or some not. Saw
Garbutt two days. I saw Prisoner Ward today.
The horses came he was there when they came horses
remained some days. Saw the horses start.
Ward was away a short time while the
horses were there. They went on the Maitland
Road.
The horses were all sorts? I have not seen Ward the
prisoner since until today. Saw Prisoner Garbutt
a week after in a house at Maitland occupied
by his father [presumably this means Fred’s father who was Garbutt’s grandfather].
Walter McLeod. I was at Holdway Station. I was at Lambs Valley
4 or 5 months ago with William Ward. Wages 5/-
pr week engaged with him at Maitland. I
recollect some horses coming about 3 weeks after
I came. I was there about 5 weeks. The two Garbutts,
Prisoner James one, fetched the horses 34 or 36 in number.
I was sent out to herd them. Mr Ward saying he
would break my neck or kill me. Herded them
10 days. Pris Ward was there before the horses
came 4 or 5 days, don’t know his business. Pris
Ward & Garbutt took the horses away. Saw a black
boy there when the horses were there. He helped me
to herd them. He was Jos Ward boy. I did not see
him until the horses came. After the horses
went black boy remained for a couple of days.
John Garbutt gave me 2/- when he returned
after the horse went away. Ward & John
Garbutt returned in about 6 days. James Garbutt
came two days after. They all remained for
a bit at William Wards. I next seen some
of the horses one at Reynolds a bay mare star forehead
area CR on near shoulder. About a week
ago, 4 or 5 more at Mr Zuill’s identifies the
? sworn to by Zuill. Bay mare had a foal,
a little dark one.
X The Grey mare was before heavy. I gave the
description of the some of the brands before I
seen them. The ? Grey Mare and Mr Reynolds
bay mare
Herded 10 or 11 days, certain about the brands.
It was a Z. The black boy’s name was Charley. I
cannot tell the month the horses came.
Constable Keating. I knew the prisoner Ward
a year ago saw him at the Wollombi sent?
? I saw him on the 22nd April last [note on side] At Wollombi
on the Sydney Road. He and another man & a on the 22nd April
black boy were driving a lot of horses. I noticed
2 large greys and a black mare & after that
? mare I took the brand of one of the
greys WZ near shoulder. Ward told me at
the time that my horse was fast by the Halter
under his feet. Saw the same horses driven
back about a month after. I am sure the 2
greys were the two greys that Ward was driving
Chestnut pony rode by Zuill the black boy
rode when driving the horses.
X Zuill corroborates the evidence of the
constable as to riding the particular horses. St
was many there? in his charge
Thomas Sleath Bishops Bridge, 28 miles from
Wollombi to Wisemans Ferry: a number [note on side] On the road
of horses came 35 or 40 they were fat to Wisemans
in my stock yard. 3 Persons a black boy Ferry
came two men they came late at night
and started at 5 oclock. A chestnut mare
was left behind. Ward looks like
one of the men but cannot swear. He is
also like the man that took away the mare.
Edward Walmsley at Wiseman’s Ferry,
the other side from Maitland. Recollect
horses came to the Ferry about 3 months
ago we swam them over the water a number
48. Two men and a black boy with
them. Prisoner Ward was one of them.
I don’t know the other Prisoner. They were all
driving the horses. I purchased a horse at
£7.10, mare & foal £4 colt 50s. I paid
the money to the Master. The Prisoner Ward said he had
nothing with the horses. I obtained the
receipts – but cannot recollect the name.
They went away towards Windsor. The horses afterwards
returned to my place but I did not see
the men until at the Court House.
The horses were with person of Zuill when
they returned. He claimed the horses I purchased
for £7.10s.
X Don’t know the brand – I noticed the brands
? and plain.
William Walmsley An apprehendee not bound over.
Edward Walmsley my son purchased 3 head.
Mr Zuill Black mare was belonging to ? The 13
head were moved. Purchase? 2 entire
colts rising 2 years – amongst the mob. I obtained
them with the rest.
Constable Grainger I know the prisoner. On the
24th or 28th April last Ward – towards
the end of May last. I know Garbutt
At Pitt Town close to Windsor. I then seen
2 men and black boy driving horses
to McKenzie’s P House. Ward was one,
John Garbutt, the B[lack] boy. Enquired for a
Paddock Garbutt asked for the paddock. I
told where they could get a paddock. I
asked Ward if horses were to be sold at
Windsor. He said yes that they came
from the Clarence. I said are they Ross’s.
He said yes. I said they don’t seem
the horse advertised. Garbutt said the
draft horses are behind with in. They
will be sold on Saturday week. The
mob consisted of 30 Head. I noticed
the horses and the brands WZ on
several on the shoulders. I asked Ward
if broker is and a good standing? – he
said the master was which I heard is
the Ross. He said it was. There was a
sale of horses belonging to Ross to be sold at
Windsor advertised. I saw the horses
sold by auction at Windsor by Seymour.
I purchased one.
X Ward said he had nothing to
do with the Horses. I saw the horses
in Jebbutts/Tebbutts
paddock. I have not seen the black boy
since. I apprehended John Garbutt. Sale the 30th
April, apprehended John Garbutt on the 2nd May.
Rel?: I spoke to Prisoner James Garbutt when I had John
Garbutt in custody.
Mr Seymour Auctioneer Windsor. I know Ward for some
years. I had dealings with a man who called himself
Ross. Ward was present with a black boy. He could
not hear what passed. The same Ross was
at the police office under the name of Garbutt.
I sold 35 head different brands. WZ mainly
for draft horses. On the 24th received instructions, [note at the side] 24th received
on the 30th sold them. Ross was not at the sale. Not present at
It ? to £215 net proceeds. What I paid the sale
to Ross. I did not see again until I saw Ward returned with John
him at Maitland. Ross said he had more 2 days after
coming in after which Martin the auctioneer James Garbutt
would sell.
Ist question: Who stole: the 2 Garbutts did
Ward assist or
Did Ward assist as receiving
not to guilty knowledge
The loss is proved
The possession first is the 2 Garbutts
Then is Ward & two Garbutts
Then is Ward and one Garbutt
As to second count – against Ward
See evidence of Grainger
And to knowledge of
the brands
& Different brands
Pring to the Jury a circumstantial case
Garbutt never had the possession of any of
the horses [note on side] Grey mare
seen at Bulwarra
by Zuill on the 20th
First the case against James Garbutt
The discrepancies – grey mare & date 2/- given to the
boy by John
Garbutt
Second the case against Ward
Acting as the receiver Wheat sold in April
A black boy
remained for a month
If the boy’s evidence
Doubtful – then the possession is proved
on Ward & John Garbutt
William Ward of Lambs Valley. Knows
the prisoner. Ward is my brother. I also
know John Garbutt. The two Garbutts
brought a mob of horses to my place in
February or March – not sure about
the dates. James & John brought them.
The boy McLeod & Blake were in my service.
McLeod 9 weeks in my employ. Patrick Dranan
and the prisoner was there. Horses came
on the Monday and left next Monday the
boy McLeod herded the horses. They were
mixed lot. Noticed the brands WM all
colours. Branded near rib under saddle.
Entire horse “Boyd”. Two days after
saw John Garbutt & Ward at my place. ?
Maitland Road they went they were sold at
the Maitland sale yard. On the 22nd April
James Garbutt came to me with a letter about
a mob fat cattle. One Grey “Glen Bottle?”
branded WM.
Ward and Garbutts left with the horses
when I returned home they had left.
X by C.P. describes the brand WM near side rib or
under saddle not shoulder letter 26 or
36, forty horses. I suffered the horses here.
John Garbutt Hard? nothing to the boy that
I would not Break his neck.
Fred was there a week before the Garbutts came.
22nd April letter brought from Joshua Ward
by James Garbutt.
I was apprehended on the same charge with James
Garbutt. In custody a fortnight then
discharged. Garbutt is my nephew.
Ward is my brother.
I commenced ploughing the 10th March. Horses
before then. Hard see from the 10th March where
remained until June. James Garbutt
was taken up for the horses and discharged. Wilson
claimed those horses. Zuill’s mare was amongst
the mob.
John Garbutt brother of James Garbutt. Know Ward
the witness. Don’t recollect when I was
at Lambs Valley. Took a mob of horses and my
brother was with them. It was in March. I saw
Ward in Maitland a few month before. Horses
remained 5 or 6 days. We took them to Maitland.
WM branded. They were sold at Maitland.
I drove a mob of horses to Windsor. I employed
Ward to drive them with a black boy. He was
at Maitland when I was at Lambs Valley. The
horses were branded Zuill and belonged to
him. They were not at Lambs Valley.
X My brother helped me with Wilson’s mob to
Lambs Valley from Lochinvar. I received the
mob of Wilsons but I won’t tell who stole
them.
I have been stockkeeper to several persons on
the downs? and I told James they were my
horses. I claimed the Windsor mob
and I had them when I met Ward. The
Windsor mob were never in Lambs Valley.
? Ward as to the deal of the
Boyd horse – Native of the ? ?
Garbutt guilty 1st Count 10 years hard labour roads
Ward guilty 2nd Count 10 years hard labour roads.