Florence Maude ROGERS [6539] ⁵⁷⁰²

  General Notes:

Glen Innes Examiner (NSW : 1908 - 1954) Thursday 21 February 1935 Page 2
At Hogue's Creek
ALLEGED SHOOTING ;
SEQUEL AT QUARTER SESSIONS
Verdict of Guilty :: 12 Months Gaol
Sidney Francis Connelly appeared before His Honor Judge Clancy at the Glen Innes Court of Quarter Sessions on a charge that on December 14 at Hogue's Creek he did maliciously shoot at Maurice Gallagher, with intent to do grievous bodily harm, and that he did also assault Maurice Gallagher and ill-treat him.
Mr. D. P. Jones (Messrs, Windeyer and Jones) appeared for defendant, and Mr. V. H. Treatt conducted the Crown case.
The following jurymen were empanelled : Charles Edward Johnson, Hillary Herborn Stacey, Jas Ginn, Joseph Mountain, George Smith, John Hutchison, William Jone Lane, Herbert Charles Squires, Henry Edward Fakes. Alfred Ernest Pearson, Harry Allen Kimmorley and Patrick Charles Kilkelly.
A DOG POISONED
Maurice Gallagher, a miner of Hogue's Creek, said that on December 14 at about 2 p.m. he was working at his mine when defendant accused him of poisoning his dog. Witness denied the accusation. Defendant made a rush at him., but witness picked up a piece of iron and told him that he would summon him.
Defendant went towards his camp and witness commenced to work on his engine, when he saw defendant approaching with a rifle. Witness went to move away when he heard a shot, and the bullet hit the radiator of the engine.

To Mr. Jones, witness said he was sitting behind the radiator when the shot was fired. Defendant was higher up than witness, and the bullet travelled in a downward direction. The bullet hit the ground about 18 inches to one foot behind the radiator.

There was a row over the poisoned dog, and some time before defendant accused witness of destroying a "banjo. " On that occasion defendant said "You have machinery worth £20, and your brother has, machinery worth £20: to save trouble bring the banjo back." Before the shooting witness did not look at defendant when he was treating the dog. Defendant and witness were not on speaking terms Witness told people to tie up their dogs and he told one person whom he knew would tell defendant. If a bullet were put through the water pipe on the radiator when it was in use it would have put the engine out of commission. He did not use the radiator on his engine. It was of no use where it was .Albert Roberts gave evidence of hearing a shot and seeing defendant with a rifle. Defendant was facing towards the engine. To Mr. Jones witness stated that he saw defendant and Gallagher together before the shot, was fired. There was an argument, and each man had a piece of iron. He could not remember whether he saw the men before they picked up the iron or not. Witness did not know where Gallagher was sitting when the shot was fired. Sergt. Willis gave evidence of having arrested defendant at Hogue's Creek. Defendant said that "the rats over the creek" poisoned his dog. Defendant said he fired a shot at a rabbit that day. He added that he had not kept the shell, and it was the police job to find it. Later defendant said he had not fired a shot that day.Sergt. Willis produced two stones which he found near the radiator, and he pointed out the marks made by a bullet. An empty shell was picked up near a black log which had been pointed out by Gallagher. The black log was 57 yards from the radiator. To Mr. Jones witness said that he would be able to hit a man if he fired at him from 57 yards. Assuming the radiator had been working the water system would have been damaged by the shot. This concluded the case for the prosecution.

THE DEFENCE

Defendant, in a statement from the dock, said that on December 14 he had occasion to speak to Gallagher about the poisoning of a dog. He also warned Gallagher that he should desist from damaging other people's property, or steps would be taken to retaliate. Gallagher picked up an iron bar and defendant said that two could play the same game. "I know you are yellow and will not have a go with it. You can have your bar and have first hit." Added Connolly. Continuing, defendant stated that he had not hit Gallagher with the bar or he would have killed him. He would have killed Gallagher had he made an attack with bare hands because he always stood in a very relaxed position and may have hit his skull when he fell. Defendant told Gallagher he was a dingo, and Gallagher said it was better to be a dingo than a bludger. Defendant then walked away, not wishing to be goaded into assault, but defendant's wife threw stones at him. Defendant went home and procured his rifle and walked to a high spot where he was face on with the radiator. He was able to see the engine from his house, but he wanted to be face on with the radiator. At the time he could not see anyone about, and Roberts had only been seen on one occasion during the afternoon, and was then behind Gallagher's hut. Defendant fired at the radiator to destroy the water system. When he did so he thought a civil action might be brought against him, but he felt that he would be likely to adopt the same course. When he went home, defendant continued, he pulled a cleaner "through the rifle on three occasions, and there was a mark of oil on the barrel. He then loaded the rifle in readiness for use in killing kangaroos for his dogs. Later he decided to take steps to proceed against Gallagher for laying baits on a stock route. He then went to Lavender's and asked them to ring up Sergt. Willis. Defendant added that he treated his dog with salts, water and blue stone. He had not been warned by Gallagher about the laying of poison baits. Defendant said he was a good rifle shot, and would have no difficulty in either killing or wounding a man at 57 yards. He could kill a fox at that distance, and when he was 14 years of age he won a prize at a shooting contest. Defendant said he saw Sergeant Willis arrive at Hogue's Creek, and saw him examining Gallagher's engine. He then thought the Sergeant had been intercepted by Gallagher,but when he found Sergt. Willis was not prepared to investigate his complaint about Gallagher, he decided to say nothing. Sergt. Willis said he had not been informed of his (defendant's) complaint. In conclusion, defendant said that it would not have been necessary for him to use a rifle to injure Gallagher, because he (Gallagher) was a dingo.Florence Maud Dawes, a married woman living apart from her husband, said she had been living at Hogue's Creek for a considerable time as defendant's wife. She gave evidence of a greyhound dog going towards Gallagher's and returning shortly afterwards and taking fits. Defendant took the dog home and it died. Gallagher was walking up and down the creek bank and appeared to be laughing. Defendant went down and accused Gallagher of poisoning the dog, and an argument ensued. Afterwards defendant went to his hut and obtained a rifle. He went to a high spot and fired at the radiator. Witness did not see anyone at the engine, but Gallagher was at his hut.and after the shot he ran down to the radiator and then went up to Roberts. To Mr. Treatt, witness said she was present part of the time while Sergt. Willis was questioning defendant. No one told Sergt. Willis about the shot at the radiator. She did not tell Sergt. Willis because he would not speak to her. She did not speak to the constable because he was with Sergt. Willis questioning defendant. Witness related the alleged conversation which took place when defendant approached Gallagher about the poisoned dog. She had not learnt the conversation off like a recitation. Gallagher called defendant a bludger and defendant walked away. Witness threw stones at Gallagher. Harold Lavender, a 16-year-old lad, camped at Hogue's Creek, said he had seen defendant shooting with a rifle at condensed milk tins. He saw him hit the tin on six occasions in six shots. Cecil Lavender said he had known defendant for about seven months at Hogue's Creek. He had seen him shooting at a jam tin at 60 yards. The jury found defendant not guilty on the first count and guilty on the second. Sentence was deferred until to-day. Defendant, who has a long list of previous convictions, was sentenced this morning to 12 months' imprisonment, to date from the time of his arrest.

Florence married Alfred Ernest DAWES [4485] [MRIN: 2067], son of Henry DAWES [3380] and Emma Susanna WITHERS [3381], in 1922 in Glen Innes, NSW, Australia.⁴⁶⁸² (Alfred Ernest DAWES [4485] was born on 28 Sep 1878 in Adelaide, South Australia, Australia, died on 26 Apr 1967 in Canberra, ACT, Australia ⁴⁶⁸³ and was buried on 29 Apr 1967 in Canberra, ACT, Australia.)