Part 2 - Australia (Collingwood, Melbourne & Ballarat, Victoria)
It does looks like this needs to be in two parts so
Part 2a - Collingwood, Melbourne, Victoria
Part 2b - Ballarat, Victoria
Part 2b - Ballarat, Victoria
Part 3 - Beyond the Grave
Melbourne
Edward Mitchell
Around
the 12th July 1852 from London or Plymouth, Edward, Hannah and 'their'
three children Elizabeth (12), Louisa (7) and Thomas (6) board the
529 ton Prince Regent barque and sailed to Australia under Captain W.
Jago.
Months
later in October 1852, according to the South Australian Register
they arrived at Port Adelaide, South Australia. They arrived through Port Phillip.
It's
four years before we find them in the records again and only thanks
to that amazingly wonderful treasure Trove. And it's more trouble
for Edward and his family.
--------[updated 26/02/2022]
The Age (Melbourne, Victoria) dated Monday 15 September 1856 Page 3 LOCAL INTELLIGENCE carries the following article and mentions that Edward had at jeweller's shop in Elizabeth Street!
Detection and Arrest of an Accomplished
Coiner. — Detectives Randall and Black, after a long
watch and desperate struggle, succeeded on Saturday
morning, in Oxford street, Collingwood, in arresting
Edward Mitchell and Samuel Brown, as they left off
their night's work of turning shillings and sixpences
into sovereigns and half-sovereigns. The electro
plating machine and other parts of the apparatus, together
with several fine specimens of the manufacture
are in the hands of the police and will be produced this
morning at the Police Office, together with the prisoners.
Mitchell at one time kept a jeweller's shop in
Elizabeth street, in this city, and was looked upon as a
very clever man at his business. It is supposed that
before the close of this case some very unexpected revelations
will be made.
--------
The
Argus (Melbourne, Victoria) dated Tuesday 16 September 1856 carries
the following news report.
CHARGE
OF COINING.
At
the District Court yesterday Edward
Mitchell
and John Brown were charged with
making
and uttering counterfeit coin. The
prisoners
were defended by Messrs. Benson
and
Tufton Smith.
Detective
Black stated that he arrest-
ed
the prisoners in Smith-street, Col-
lingwood,
on the previous Saturday. He
took
them on suspicion of manufacturing
spurious
coin. He, with Randall, another
detective
officer, went to Mitchell's house, in
Oxford-street,
Collingwood, and remained
watching
outside it for two or three hours.
Brown
came to the house while they were
there
waiting. He entered and remained
about
a quarter of an hour, when he left with
Mitchell,
and went to the Oxford Arms pub-
lic-house.
They remained there for a short
time,
and then had some conversation out-
side
the place. They afterwards
walked
down Smith-street, and
went
into the Stirling Castle public-house.
Witness,
with Randall, entered the place, and
arrested
them. Mitchell, when taken, en-
deavored
to conceal something he had in his
hand,
and on his being searched seven base
half-sovereigns
were found on him. Witness
also
found on him a paper, on which was
the
following: —
Electric
metalling and splitting paper, taking print
out
of paper, and substantiating other print : take a
piece
of gold the weight of a sovereign, and in 10
seconds
reduce it ½ dwt. Take 10 dwts. of fine gold —
add
3 dwts. to same of silver and copper, and pro-
duce
a nugget mixed with quartz or otherwise, and
defy
detection unless by assaying.
On
this paper were several figures in pencil,
unintelligible
to all, except the author. A
spurious
half-sovereign was found on
the
floor near him. On searching Mitchell's
house
a quantity of metal was discovered.
Upon
Brown were found two chains and a
nugget
ring, all of base metal. In Mitchell's
house
they also discovered a number of skele-
ton
keys, a galvanic battery, a flask of some
metallic
solution used in plating. These
things
seemed to have been recently used.
He
(witness) know Brown, and had heard that
he
had been before in trouble for uttering base
coin.
Cross-examined
: They were obliged to
throw
Mitchell down to get the base coin out
of
his possession.
Edward
Davis stated that the pri-
soner
Brown passed a base half-sovereign
to
him at the Sarsfield Inn, Little
Bourke-street,
on the previous Wednesday.
He
called for nobblers for himself and an-
other
man, and witness gave him 9s. in
change.
When the men went out, he (wit-
ness)
examined the half-sovereign, but did
not
think it was a bad one until he cut it,
and
found it white metal inside. He was
sure
as to the identity of the coin. He had
since
returned the coin to Brown, and re-
ceived
back his change.
The
prisoners were then remanded to to-
morrow,
the magistrates declining to accept
bail
in the present stage of the proceedings.
Another
report appeared the following day in the same newspaper - The Argus
(Melbourne, Victoria) Wednesday 17 September 1856. Note the change
of name from John Brown to Samuel Brown.
CHARGE
OF COINING.
At
the District Court yesterday Samuel
Brown
and Edward Mitchell were again
brought
up on a charge of coining and utter-
ing
spurious half- sovereigns. Mr. Tufton
Smith
and Mr. Benson defended the pri-
soners.
Superintendent
Nicolson, before the com-
mencement
of the proceedings, applied for the
discharge
of Brown, who was discharged ac-
cordingly,
and placed in the witness-box.
Samuel
Brown stated that he was a tailor,
residing
in Collingwood. He knew Mitchell,
the
man at the bar, and had known him for
about
six weeks. He was introduced to him
by
a man whose name he did not know. He
resided
with Mitchell for six weeks, and
during
that time Mitchell was occupied in
making
spurious rings and nuggets and elec-
tro
plating sixpences to "make them into
half-sovereigns."
He had seen him make
spurious
sovereigns of " speltor," or brass and
copper.
He never gave the witness any of
these,
but he gave him about forty half-sove
reigns,
at different times, to pass them. Ho
passed
about eighteen or twenty of these in
company
with the prisoner. The spurious
ring
produced was manufactured by Mitchell.
He
never saw Mitchell pass any of the base
money
himself. When any of the base mo
ney
was passed they divided the change be-
tween
them. The bottle produced contained
a
solution of gold. He had seen Mitchell use
both
that and the battery produced. They
were
last in use on Saturday morning.
Mr.
T. Smith objected to this evidence. as
the
prison was only charged with having
counterfeit
coin in his possession.
The
Bench said that the prisoner was
placed
at the bar on both charges-that of
counterfeiting
and uttering.
Witness
continued : The purpose of the
battery
and the solution was to plate six-
pences,
and Mitchell used them in that pro-
cess.
Cross-examined
: Was a tailor, and had re-
sided
at the Chalk Hill, Ballarat, previously
to
his living with Mitchell. He had sold watches
previously
to that-silver ones, which he pur-
chased
himself. He "carried on that game"
for
two years in Melbourne. He then lived
at
the "El Dorado," Market-square. He
had
sold gilt watches, but did not gild them
himself.
He came from, New York to this
colony
about four years ago. Had forty dol-
lars
with him then, and went as waiter at the
Saracen's
Head. He remained there about
six
weeks, and then went to Bendigo, where
he
was rather fortunate. On the 24th of last
March
he went to Mitchell to get some sove-
reigns
and half-sovereigns. He was intro-
duced
by a man named "Bob," who intro-
duced
him on the last occasion. On that day he
got
twenty-six sovereigns and half-sovereigns
from
Mitchell. He never saw spurious-made
coin
before he saw Mitchell. Had been in
Melbourne
Gaol eighteen months ago for
passing
off two medals for sovereigns. He
was
confined twelve months for that offence.
He
served the full time. When he was sen-
tenced
it was for the offence of passing two
medals
only. He could not say whether he
knew
the medals were counterfeit when he
passed
them. He would decline to answer
that
question. When he came out of gaol
he
commenced the watch business again, and
on
the 18th September he was again sen-
tenced
to six months' imprisonment for sell-
ing
a gilt watch as gold. He came out on the
22nd
of March last, and fell in with " Bob "
on
the 24th. Had been to Geelong, and was
in
gaol there for "uttering medals for six-
pences."
In March last that occurred. It
was,
in fact, for passing bad half-sovereigns.
By
Superintendent Nicolson : He got
these
half sovereigns from Mitchell.
Mr.
Smith objected to the question and
answer.
Witness
continued : He got three months
at
Geelong, and came out of gaol on the 18th
of
June. Since that he was not in gaol at
all.
He was taken to the watch-house last
week
from Bourke-street on suspicion of
uttering
base coin, but he had none about
him.
He was brought up on the charge on
the
Friday morning and remanded. He
was
enlarged " on his own personal security.'
He
was not watched. He went into the Turf
-Hotel
on Friday night, but did not see any
detective
behind him or in the room. No
one
told him to go to Mitchell's house on
Saturday.
He changed a pound at the
Stirling
Castle on Saturday. It was a
genuine
coin : he had it from a man whom
he
met on the previous evening, and who
owed
him £3 10s., and who paid him £1 6s. on
account.
He went to Mitchell's at half-past
eight
on Saturday morning, and asked him to
have
a glass of ale. They went, and witness
asked
him to let him "have a few of the
sixpences."
He did not ask him for goods to
take
up the country to sell, or for the use of
the
electro-plating machine. He did not
now
how to use that. When he got the
coins
it was understood what he was to do
with
them. Mitchell knew well enough how
they
were to be used. He did not know how
to
make these half-sovereigns himself. Re-
membered
attempting to use the machine,
but
did not succeed in making any half
sovereigns.
His object in using the machine
was
most particularly to " plate a nugget."
The
Bench said that the solution produced
should
be examined.
Mr.
Benson said that the recipe for the So-
lotion
was to be found in Napier's Electro
Metallurgy.
Michael
Turner said that he was a fruit-
eier.
He had seen the prisoner before. About
a
fortnight since Mitchell entered his shop
It
was on a Saturday night. He asked wit-
ness
how he sold his eggs. Witness told him
2s
6, a dozen, and prisoner purchased two
eggs,
and tendered 1s. in payment. Witness
gave
him 7d. change. He then left. He re-
turned
to the shop in five or ten minutes, and
asked
him if he would guarantee the eggs to
be
fresh. On receiving a reply in the affirma-
tive
he purchased two more, and Brown
stepped
in and said that he would pay for
these
two eggs. Mitchell said, "No, get two
for
yourself." He then purchased two more,
and
tendered half-a-sovereign, which witness
believed
to be a genuine one. Witness was about
to
give him the change, when he said, "Never
mind,
I have change enough in my pocket."
He
then held out a three-penny piece and a
penny.
Witness said that would not do, and
then
gave him change for a half-sovereign,
which
he counted and left the shop. On
taking
up the coin he found it was a counter-
feit,
and went out immediately after them.
He
could not see anything of them, although
he
went into every public-house, in company
with
a policeman.
The
prisoner was remanded to Thursday ;
and
Brown, in order to his detention, was
apprehended
on a fresh charge.
The
sixpences which had been gilt to pass
as
half-sovereigns were most clumsy counter-
feits,
and it is very srong evidence of the
carelessness
of traders that such things should
pass
without instant detection. Not only is
the
size and weight different from that of
the
genuine coin, but the manufacturers
had
not even taken the trouble to obli-
terate
the words " sixpence" on the reverse
of
the coins. The nuggets and rings wore
more
difficult of detection, but would not
for
a moment deceive a dealer in such arti-
cles.
The things in fact were made to sell to
unwary
private purchasers-and it may be as
well
to point out to those who make those
indiscriminate
purchases that they have
almost
a certainty of being swindled.
The
events in court on Monday, 15 September was also reported in another
newspaper (The Age - Melbourne, Victoria) - on Wednesday 17 September1856.
DISTRICT
COURT.
Monday,
15 th September.
(Before
C. P. Hackett, Esq., S.M., and S. E. Freeman,
Esq.,
J.P.)
The
business of this Court was to-day very voluminous, and
detained
the Court till a very late hour. Some of the cases
werw
of a very serious nature, both on the Watch-house
sheet
and the cause list. They are reported below.
...
THE
COLLINGWOOD COINERS.— Edward Mitchell and John
Brown
were placed in the dock charged with the offence of
manufacturing
base coin. Mr Benson and Mr Tufton Smith
both
appeared for prisoner Mitchell. They slightly disputed
the
right. Mr Benson was understood to produce the oldest
and
most precise code of instructions. The Bench suggested
that
both gentlemen should jointly appear and divide the pro-
ceeds.
The gentlemen bowed, and Mr Benson took the most
active
part in the defence. Detective Charles Black stated that
on
Saturday last he arrested the prisoners in Smith street,
Collingwood,
on suspicion of manufacturing base coin and ut-
tering
the same. From information received he, with Detective
Randall,
proceeded to Oxford street, Collingwood, to the resi-
dence
of Mitchell ; they remained near the house for three hours,
during
that time Brown knooked at the door; He was admitted
and
the door closed. He remained there at least fifteen
minutes,
when witness saw him and Mitchell leave the house,
and
go to the Oxford Arms, public house. They remained
there
a short time, and then left. They conversed together
privately
outside the door of the public house for a few
minutes,
and then returned to Mitchell's house. In about
half
an hour after witness saw Mr Benson leave the house,
and
then in an hour both prisoners left the house together.
They
went along Smith street, and entered the Stirling Castle,
public
house. Witness, with Detective Randall, followed
them,
and there arrested Mitchell. On the arrest Mitchell
endeavored
to conceal something that had been in his left hand
trousers
pocket. Witness tried to get it. Resistance was
made,
but the officers succeeded, and found that the objects of
concealment
were seven spurious coins, half sovereigns. Wit-
ness
marked them. They are those produced. He also found
on
Mitchell's person the paper produced, which runs as fol-
lows
Electric Metallurgy. Splitting paper. Taking print
out
of paper, and substituting other print. Take a piece of
gold,
the weight of a sovereign, and in two seconds render it
half
a dwt. Take ten dwts. of fine gold, add three dwts. to
same
of silver and copper, and produce a nugget mixed with
quartz
or otherwise, and defy detection, unless by assaying.'
He
produced another spurious half sovereign, lifted from the
floor,
and which had fallen from the prisoner. On
searching
prisoner Mitchell's house, witness found there
a
quantity of spurious metal now produced. He also
found
on the person of Brown two chains and a nug-
get
ring, also spurious. He found In Mitchell's house a quan-
tity
of skeleton keys, produced. Mr Benson claimed them as
his
property. The Bench was not of opinion that the keys were
skeleton,
On further searching Mitchell's house, he found the
electric
battery and bottle of solution now produced, they are
used
in plating. They were both quite warm when found,
They
appeared to have been recently used. Cross-examined
by
Mr Benson: Witness knows prisoner Brown, and had
heard
that that he (Brown) had been brought up at the City
Court
for uttering base coin. Witness declined to answer as
to
the person that had furnished him with the information which
led
to the arrest of Mitchell. Witness watched Mitchell's
house
from the opposite side of the street. He was obliged to
bring
prisoner Mitchell to the ground, in order to secure the
coins
he had attempted to conceal at the time of his arrest
The
coin picked up from the floor, witness heard fall from
Mitchell.
It was picked up by the landlord of the
public
house, and handed to him (witness.) Edward
Davis
sworn : Is barman at the Sarsfleld -Inn, Little
Bourke
street. On Wednesday prisoner Brown passed on him
a
half sovereign. He and another man had a nobbler each, and
prisoner
Brown received 9s. in change. When prisoner went
out
witness looked at the coin. He did not think it was a bad
one
until after he had cut it. He then found the inside metal
was
white. He never lost sight of the coin from the time he
had
received it until after he had cut it. Prisoner could not
swear
that he ever saw prisoner Mitchell. He has since then
returned
the half sovereign to Brown, and got his change back
again
from him. The prisoners were then remanded for 24
hours.
...
The
Age (Melbourne, Victoria) on the same day, 17 September 1856, also
ran another report.
THE
COLLINGWOOD COINERS. — Edward Mitchell and Samuel
Brown'
were again placed in the dock on the double charge of
fabricating
spurious half-sovereigns, and of uttering the same
knowing
them to be spurious. Before the commencement of
the
case, Inspector Nicholson, of the Detective Force, who
conducted
the prosecution, applied for the discharge of the
prisoner
Brown, against whom it was not intended to proceed.
The
prisoner was at once discharged. Mr. Tufton Smith
defended
the prisoner Mitchell. Samuel Brown was then,
as
an approver, placed in the witness box, and being
sworn
stated, that he was a tailor by trade, knew
prisoner,
Mitchell, for the last six weeks, was introduced to
him
by a man, whom he does not know, but this man's first
name
is Robert. Witness has been living with prisoner for
the
last six weeks, and during that time he saw him mak-
ing
spurious rings and nuggets, plating silver six-penccs,
and
making them into half sovereigns, and also
making
sovereigns from brass and copper. Prisoner gave
witness
about forty of these half sovereigns from time to time,
he
passed about eighteen or twenty of them in
company
with prisoner. He did not see him pass
any.
The half sovereigns were given to witness to
pass,
and then the change was divided between the
prisoner
and witness. The bottle produced contains gold
solution,
and the instrument produced is part of a battery.
The
last time witness saw them they were being used by wit-
ness
in plating sixpences on Saturday last. Cross-examined
by
Mr Tufton Smith. — Was a tailor, and resided at Chalk
Hills,
Ballarat. Before residing with Mitchell sold watches,
— silver
watches. Sold them as gilt, but did not gild them
himself.
He came from New York to this colony about four
years
ago. Had then about forty dollars in his possession.
Was
employed as waiter in the Saracen's Head public house,
Bendigo.
Was introduced to Mitchell on the 24th March last.
Saw
Mitchell since then make sovereigns and half-sovereigns.
Was
introduced to Mitchell by a man named Bob. Since that
day
received twenty-six sovereigns from Mitchell. Never
saw
a spurious coin until he had seen Mitchell in Melbourne
eighteen
months ago. Got twelve months imprisonment for
passing
two medals for sovereigns. Would not say who
counterfeited
the sovereign that he then passed. Declined to
answer
that question. When he came out of prison he again
returned
to the watch trade, and was again imprisoned for
selling
gilt watches as gold. On his liberation he went to
Geelong,
and there got three months for passing base coin.
Was
not imprisoned since till last Thursday, when he was
taken
up on suspicion of passing base coin. Was brought be-
fore
the Court on Friday and remanded, and then liberated on
his
own personal security. Went into the Turf Hotel, and did
not
know there was a detective behind him. He once at-
tempted
to make a gilded nugget but did not succeed.
Another
witness was examined at some length, but he proved
nothing
against Mitchell, who was then remanded until
Thursday.
By
Saturday, 20 September 1856 the Bendigo Advertiser (Victoria) had
picked up the story (and the name was back to John Brown).
The
Coiners.—Edward Mitchell and John
Brown,
the two men arrested under
circumstances
detailed in Monday's Herald, were
brought
up for examination at the district Court
and
defended by Messrs. Denson and
Smith,
solicitors. Detective Black described the
nature
of the arrest, which was effected at the house
of
Mitchell, near the Stirling' Castle, Smith-street,
Collingwood.
The charge against them was manu
facturing
spurious coin, and Detective Randall and
witness
had been on the look out for them. On
being
apprehended, Mitchell tried to conceal some
thing
he had in his hand, and on being searched
seven
spurious half-sovereigns were found in his
possession,
A document, of which the following
is
a copy, was also found in one of his pockets
"
Electric Metallurgy. Splitting paper. Taking
print
out of paper and substituting; other print,
Take
a piece of gold the weight of a sovereign, and
in
ten seconds reduce it to a dwt, Take 10 dwts.
of
fine gold, add 3 dwts. to same of silver and cop
per,
and producc a nugget mixed with quartz or
otherwise),
and defy detection unless by assaying,"
Another
had half-sovereign was found on the floor
close
to where Mitchell stood. On Brown being
searched,
there were found on him a nugget and
two
chains of spurious manufacture, On searching
Mitchell's
house, there were found there several
skeleton
keys, -a flask of some metallic solution, and
a
galvanic battery. The latter seemed to have been
lately
in use. A witness named Edward Davis de
posed
to the prisoner Brown having uttered a base
half-sovereign
at the Sarsficld Hotel, Little Boourke
street,
on Wednesday evening last, when the pri
soner
called in thore, and with another man had a
nobbier
each. The witness, who served the liquor,
gave
him 9s, as change. The Bench decided on
remanding
the prisoners until the following day,
and
refused to admit them to bail.—Herald. g
A
month later and the case still appears to be ongoing when the The Age
(Melbourne, Victoria) reports the following on Wednesday, 22 October1856.
LEGAL
INTELLIGENCE.
SUPREME
COURT.
Old
Court.
Tuesday
, 21st October, 1856.
OCTOBER
CRIMINAL SESSIONS
Edward
Mitchell was charged with making and
counterfeit
coin.
Mr
Ireland and Dr. Mackay defended the prisoners.
Mr
Chapman detailed the facts of the case, and
called
—
Charles
Black, a detective officer, who stated that in
consequence
of information he had received he went to
the
residence of the prisoner in Oxford street, Colling-
wood,
on the 13th September. In about half an hour
he
observed a person named Brown knock at the door
of
prisoner's house, and enter it. In about three quar-
ters
of an hour prisoner, dressed as in the dock, accom-
panied
by Brown, came out. They went to the Oxford
Arms,
and remained there for a short time, came out
together,
and at the door of the public house had a con-
versation.
A short time afterwards, Brown left pri-
soner's
house with a large glass gin bottle. He entered
the
Oxford Arms and came out again. Mitchell came
to
the door in his shirt sleeves. Brown returned with
tho
bottle, and they came out together, in about two
hours.
Mitchell had his coat on. They proceeded to the
Stirling
Castle hotal. 'Witness followed them, and
arrested
Mitchell in the hotel. Prisoner passed his left
On
page 5
hand
into his pocket as if feeling for some-
thing
and then pulled the hand out closed.
Witness
seized his arm by the wrist, and asked
what
he had got there. Prisoner said, "nothing."
after
a struggle witness opened his hand, and found
there
eight coins — those produced. He then proceeded
to
the prisoner's house. Took Mitchell to the Station
House,
and searched him there. Found on his person
a
document, now produced, which Prisoner admitted to
belong
to him. The document was read by the
Associate,
and proved to be a description of some of the
feats
which can be accomplished by electro-metallurgy.
In
the house was found a bottle containing
a
solution, quite warm, a battery, and a
quantity
of spurious metal for the manufac-
ture
of rings and nuggets. The different articles were
produced.
On Brown he found a small box containing a chain.
Cross-examined
by Mr Ireland :— Knows a little
about
clectro-plating. Cannot say what the metal he
found
is, but knows it is not brass, from his experience,
—from
the look and the tinkle. Saw Brown in Colling-
wood,
before he went to Oxford street, by accident.
Spoke
to him: asked him where he was going. Had
had
conversations with Brown about his accomplices, he
being
after in charge for having false coin. (The cross-
examination
was very lengthened and severe, intended,
apparently,
to prove that Brown had proceeded to
Mitchell's
house with the express understanding that
he
would put him into the power of the police.)
Brown,
the approver, examined: - Saw Mitchell
gilding
sixpences with the battery on the 13th
August.
Eight were made. Saw it used mostly every
week
for gilding sixpences. The sixpences shown are
like
those produced by the instrument. Mitchell put
the
sixpences in his pocket.
Cross-examined:
Attempted once or twice to pass
spurious
coin : once in July last. In '54 was brought
up
for passing two medals as money, and once for sel-
ling
a watch. Prisoner is a working jeweller. The
watch
was silver gilt, and was sold as gold.
sentenced
to six months' imprisonment. Did not then
know
the prisoner. Was tried at Geelong for passing
two
out of twenty-six half-sovereigns he got from
Mitchell
on Good Friday. Did not say when tried,
Mitchell
gave them to him, because he was not asked.
Lived
with Mitchell to assist him to sell spurious rings.
Has
tried the battery himself in Mitchell's absence. Never
succeeded
in using it, though he has often done his best.
Did
not color the chain produced. Was not seen by
the
children of the prisoner trying to make half so-
vereigns
out of sixpences on the Thursday before
Mitchell's
arrest. Cannot swear that the children did
not
see him working with the battery that day and
that
they did not complain to their father. Was ar-
rested
on suspicion of attempting to pass false coin.
Was
liberated on his own recognizances, and slept on
Friday
night in the Watch-house, in Little Bourke
Street.
Told Mitchell on Saturday morning that he
was
going to the country. Asked him for goods to
sell.
Did not ask him, holding out the eight spurious
half-sovereigns,
if he had any of them - 'to give him.
Mitchell
did not take them from him, and say he
would
not have anything to do with that work. He
saw
Black at the Turf Hotel on Friday night and also
saw
Black and Randall next morning in Collingwood
but
it was by accident. Spoke to Black, and had
some
conversation on private matters with Randall.
Mr
Ireland submitted that the indictment was bad,
inasmuch
as the charge was ' making and counterfeit
ing,'
while the only crime in reference to which any
proof
was had was that of coining.
His
Honor reserved the point. _
Mr
Ireland then addressed- the jury for the defence,
representing
the utter untrustworthiness of the evidence
of
Brown while uncorroborated, and remarked on the
absence
of Detective Randall, who, as it appeared, had
accompanied
Black when the prisoner was arrested.
He
proposed to call the family of the prisonor to prove
that
Brown had repeatedly used the battery in the ab-
sence
of the prisoner, and had been forbidden to do so,
but
had used it on Friday.
His
Honor said that the evidence of the children was
unnecessary,
and Mr Ireland called Messrs. James
Dobson,
James Bowen, William Mitchell, and James
Benson,
a solicitor of thecourt, all of whom had known
the
prisonor for years, and gave him a very high
character.
His
Honor directed the jury to disregard the evidence
of
Brown, save when corroborated. The prisoner had
in
his house an instrument of use in his trade which he
might
also have used for the manufacture of base coins .
There
were, however, no base coins found in the house,
complete
or imperfect; and the circumstance which
they
would have to weigh was the possession by the
prisoner
of the base coins produced, and his conduct
when
the officer addressed him. He took them out of
his
pocket, refused to give them up, and they were only
obtained
after a struggle. He would have the jury to
consider
these facts carefully.
The
jury without hesitation pronounced a verdict of
Not
Guilty, and the prisoner was discharged.
The
court then adjourned till ten o'clock on Wed-
nesday
morning.
I
was quite surprised with the not guilty verdict and it would appear
that Edward had some very good friends. And was William Mitchell a
relative?
The
next report appears in 1861 and I suspect that Montagu Mitchell is
Edward's alias. Information in this write up later will show why I
believe that.
On
Thursday 25 April 1861 the Geelong Advertiser (Victoria) tells of a
robbery.
THE
ROBBERY AT THE BLACK BULL —
Montagu
Mitchell, a well-known personage in
Geelong,
and John O'Neill, said to be a homoeo-
pathic
practitioner here, were placed in the dock
charged
on suspicion with committing a robbery
at
the Black
Bull Hotel on the night of Sunday
last.
Guy Bennett, proprietor of the hotel, de-
posed
that on Monday evening last he discovered
his
bedroom had been feloniously entered and two
diamond
pins stolen. A room occupied by Mr
Connor,
of Colac, had also been entered and two
brooches
and three rings taken away. Saw the
prisoner,
Mitchell, in the house, drinking
on
Sunday and Monday. Do not know
the
prisoner O'Neil. By Mr Frazer : Several
parties
were sleeping in rooms on the same floor
on
Sunday and Monday evening. Georgina Con-
nor
sworn, said she was stopping at the Black
Bull
on Monday night. Lost a cameo brooch, a
pearl
brooch and two rings—one a gold, the other
a
diamond ring, 'they were, taken from a trunk
in
the bedroom. To the best of her belief the
stone
produced was from the same ring. It
greatly
resembled the one lost. William Craven,
detective
constable, said that from Information
received
he went to the house occupied by the
prisoners,
and in the pocket of O'Neil he found
the
stones produced. He asked for a remand in
order,
if possible, to produce the gold from which
the
stones were taken. He stated that the pri-
soner
Mitchell, who was a homoeopathic practi-
tioner,
had recently come out of gaol. He pro-
duced
a bag full of precious stones, a quantity of
battered
gold rings and several crucibles, found in
possession
of the prisoners. Mr Frazer applied
for
bail. His Worship the Mayor said, certainly
he
would allow bail; immediately afterwards,
however,
he refused it without assigning any rea-
son
for so doing.
The
robbery is reported in The Argus (Melbourne, Victoria) the following
day, Friday 26 April 1861
GEELONG
POLICE OFFICE.
Present—The
Mayor, the Police Magistrate,
W.
Burrow and E. C. Dunne, Esqs.
ROBBERY.
John
O'Neil and Montague E. Mitchell, alias
Dr.
Mitchell, were charged with robbing, or being
accessary
to robbing, the Black Bull Hotel.
G.
Bennett, landlord of the Black Bull Hotel,
deposed
that on Monday evening last his house
was
entered by some one, who went up-stairs and
robbed
the different rooms of sundry articles of
jewellery.
Saw Mitchell in the house on Sunday
or
Monday.
Mrs.
Connor, of Colac, deposed that she was
staying
at the Black Bull on Monday evening
last.
Her room was robbed of a cameo brooch,
another
brooch and two rings-one a diamond and
one
an opal. Did not discover the robbery till
next
morning. The opal stone produced corres-
ponded
exactly with that in the ring she lost.
Detective
Craven said that on proceeding to the
house
of the prisoner Mitchell he found the
prisoner
O'Nell there. On searching him he
found
the diamond and opal produced in his
waistcoat
pocket. He asked that the prisoner be
remanded
for seven days, in order to obtain
additional
evidence.
The
prisoners were then remanded.
On
Tuesday 30 April 1861, the Geelong Advertiser (Victoria) carries an
update on the case.
John
0'Neil and Montagu Mitchell, in charge
on
suspicion of being concerned in the late rob-
bery
at the Black Bull were again placed in the dock.
Detective
Hudson asked for a remand for a
week
to produce a witness who could swear
positively
to the property stolen from Mr Connor
of
Colac.
Mr
Fraser asked if the bench would allow bail
in
the case of the prisoner Mitchell.
Detective
Hudson objected ; he said Mitchell
had
been convicted as many times as he had
fingers
on his hand.
Prisoner,
smiling, to detective Hudson, " You
wouldn't
like to take your oath of that."
Bail
was refund and both prisoners remanded
till
Monday next,
And
a week later the case was still ongoing when the Geelong Advertiser
(Victoria) reported the following on Tuesday, 7 May 1861.
THE
BLACK BULL ROBBERY
Montague
Mitchell and .John O'Neill were
again
placed in the dock on the above charge.
McCormick
appeared for "Dr Mitchell;"
Mr
Niscar for O'Neil.
John
Connor, storekeeper, Colac, deposed that
he
and his wife were stopping at the Black Bull
hotel
on the 22nd April, Their room was felo-
niously
entered and certain jewellery stolen,
among
other things a diamond and opal ring.
Could
swear to the opal, it having been in his
possession
for 25 years., The stone produced he had
not
a show of doubt was the same. The wit-
ness
expressed great unwillingness to swear posi-
tively
to the opal, but did do so eventually.) He
said
it was impossible he could he mistaken.
By
Mr Cormiek—Had never seen the opal
out
of the setting for 20 years. Never saw any
other
ring the same shape or make.
The
prisoners were remanded for seven days.
Application
made for bail to be allowed was
refused.
Finally
in June the case was coming to a close. The Geelong Advertiser
(Victoria) reported the closure of the case on Wednesday, 5 June 1861
STEALING
IN A DWELLING
Montague
Mitchell and John O'Niel were
jointly
indicted for stealing property in a dwelling
house,
above the value of 1.5. Mr and Mrs John
Connor,
from C'olac, took up their residence in
the
Black Bull Hotel, ou the night of the 22nd
April,
ultimo. On the following morning
tliey
found their room had been entered
during
the night, and an opal ring, a diamond
ring,
and a cameo brooch had been stolen. Suspi-
cion
having alighted upon the prisoners, the
premises
they occupied together was visited by
tho
police. On the person of O'Niel was found a
piece
of paper containing an opal and a diamond
unset.
On Mitchell nothing to criminate him was
found,
but his house contained -40 or 50 cruci-
bles,
moulds for making rings, a quantity of base
metal,
and a quantity of artificial precious stones.
Mrs
Connor swore that to the best of her belief
the
opal found upon O'Niel was the one she
used
to wear in the ring which had been stolen.
Mr
Connor,' most emphatically swore that; the
jewel
was the same which had been stolen, he
had
had it for twenty four years, and there could
be
no mistake on the matter. Dr Sewell, who
defended
the prisoners, tried all he could to
shake
this testimony in cross examination, but
without
effect. The matter of the diamond was
not
gone into,—the words of the prisoner O'N'eil
when
arrested proving true, "you cannot rap to a
spark,"
said he, meaning that they could not
swear
to a diamond. His Honor, in charging the
jury,
told them there was no case against Mit-
chell,
an to O'Niel, they would arrive at their
own
conclusion. The Crown Prosecutor said re-
specting
Mitchell, he considered there was com-
plicity.
His Honor could not see it, and directed
his
acquittal.
Verdict—Mitchell,
not guilty. O'Niel, guilty.
Sentence
– twelve months' imprisonment with hard
labour.
It's
interesting that yet again Edward comes away with a Not Guilty
charge. Although in this case it does look more like John knew that
Edward had knowledge of silver-smithing and jewellery and he might
have been hoping to pass the stolen goods to Edward. It's a little
worrying that the stones were no longer in the rings though knowing
that Edward would have so easily have been able to melt down the
settings. It's also a little concerning that the report from the 25
April stated, 'that the prisoner Mitchell, who was a homoeopathic
practitioner, had recently come out of gaol.' This is something that
will need to be investigated.
The
closing of the case was also picked up by The Argus (Melbourne,
Victoria) on Friday 7 June 1861. You can just imagine the gossiping
that might have gone on as a result of this and the previous case.
GEELONG
GENERAL SESSIONS.
(Continuation
of Monday's proceedings;)
ROBBERY.
John
O'Neil and Montague E. Mitchell alias
"The
Doctor," pleaded "Not Guilty " to rob-
bing
the Black Bull Hotel of sundry jewellery,
the
property of Mr. John Connor, of Colac.
The
evidence went to show that on informa-
ion
of the robbery the detectives, suspecting the
thief,
went to the house of the prisoner Mitchell
and
there found O'Neil, on searching whom they
found
a diamond and opal stone that Mr. Connor
had
lost in the stolen jewellery. The opal, a
peculiar
stone, he positively identified.
His
Honour thought there was no case to go to
the
jury as against Mitchell, and the jury con-
victed
O'Neil, who was sentenced to twelve
months'
hard labour.
Thoughts - With something like this you end up with even more questions and more research leads.
If you have any relatives that went to Australia look at Trove - it is amazing and FREE. Give back by correcting the text where it's needed.
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