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and whispered something to him, after which Starlight stood up, and about every second man called out 'Challenge'; then that juror had to go down. It took a good while to get our jury all together. Our lawyer seemed very particular about the sort of jury he was satisfied with; and when they did manage to get twelve at last they were not the best-looking men in the court by a very long way.

The trial had to go on, and then the Crown Prosecutor made a speech, in which he talked about the dishonesty which was creeping unchecked over the land, and the atrocious villainy of criminals who took a thousand head of cattle in one lot, and made out the country was sure to go to destruction if we were not convicted. He said that unfortunately they were not in a position to bring many of the cattle back that had been taken to another colony; but one remarkable animal was as good for purposes of evidence as a hundred. Such an animal he would produce, and he would not trespass on the patience of jurors and gentlemen in attendance any longer, but call his first witness.

John Dawson, sworn: Was head stockman and cattle manager at Momberah; knew the back country, and in a general way the cattle running there; was not out much in the winter; the ground was boggy, and the cattle were hardly ever mustered till spring; when he did go, with some other stock-riders, he saw at once that a large number of the Momberah cattle, branded HOD and other brands, were missing; went to Adelaide a few months after; saw a large number of cattle of the HOD brand, which he was told had been sold by the prisoner now before the court, and known as Starlight, and others, to certain farmers; he could swear that the cattle he saw bore Mr. Hood's brand; could not swear that he recognised them as having been at Momberah in his charge; believed so, but could not swear it; he had seen a short-horn bull outside of the court this morning; he last saw the said bull at the station of Messrs. Fordham Brothers, near Adelaide; they made a communication to him concerning the bull; he would and could swear to the identity of the animal with the Fifteenth Duke of Cambridge, an imported short-horn bull, the property of Mr. Hood; had seen him before that at Momberah; knew that Mr. Hood had bought said bull in Sydney, and was at Momberah when he was sent up; could not possibly be mistaken; when he saw the bull at Momberah, nine months since, he had a small brand like H on the shoulder; Mr. Hood put it on in witness's presence; it was a horse-brand, now it resembled J-E; the brand had been 'faked' or cleverly altered; witness could see the original brand quite plain underneath; as far as he knew Mr. Hood never sold or gave any one authority to take the animal; he had missed him some months since, and always believed he had strayed; knew the bull to be a valuable animal, worth several hundred pounds.

We had one bit of luck in having to be tried in an out-of-the-way place like Nomah. It was a regular outside bush township, and though the distance oughtn't to have much to say to people's honesty, you'll mostly find that these far-out back-of-beyond places have got men and women to match 'em.

Except the squatters and overseers, the other people's mostly a shady lot. Some's run away from places that were too hot to hold 'em. The women ain't the men's wives that they live with, but somebody else's—who's well rid of 'em too if all was known. There's most likely a bit of horse and cattle stealing done on the quiet, and the publicans and storekeepers know who are their best customers, the square people or the cross ones. It ain't so easy to get a regular up-and-down straight-ahead jury in a place of this sort. So Starlight and I knew that our chance was a lot better than if we'd been tried at Bargo or Dutton Forest, or any steady-going places of that sort.

If we'd made up our minds from the first that we were to get into it it wouldn't have been so bad; we'd have known we had to bear it. Now we might get out of it, and what a thing it would be to feel free again, and walk about in the sun without any one having the right to stop you. Almost, that is—there were other things against us; but there wasn't so much of a chance of their turning up. This was the great stake. If we won we were as good as made. I felt ready to swear I'd go home and never touch a shilling that didn't come honest again. If we lost it seemed as if everything was so much the worse, and blacker than it looked at first, just for this bit of hope and comfort.

After the bull had been sworn to by Mr. Hood and another witness, they brought up some more evidence, as they called it, about the other cattle we had sold in Adelaide. They had fetched some of the farmers up that had been at the sale. They swore straight enough to having bought cattle with certain brands from Starlight. They didn't know, of course, at the time whose they were, but they could describe the brands fast enough. There was one fellow that couldn't read nor write, but he remembered all the brands, about a dozen, in the pen of steers he bought, and described them one by one. One brand, he said, was like a long-handled shovel. It turned out to be—D. [*] TD—Tom Dawson's, of Mungeree. About a hundred of his were in the mob. They had drawn back for Mungeree, as was nearly all frontage and cold in the winter. He was the worst witness for us of the lot, very near. He'd noticed everything and forgot nothing.

     * In the original text, the horizontal bar is represented by
     a capital “I” rotated 90 degrees, and a bit lower than
     centre—but from the description, '—D' may be better, where
     the '—' represents the upright of the T in TD.—A. L.,
     1997.—

'Do you recognise either of the prisoners in the dock?' he was asked.

'Yes; both of 'em,' says he. I wish I could have got at him. 'I see the swell chap first—him as made out he was the owner, and gammoned all the Adelaide gentlemen so neat. There was a half-caste chap with him as followed him about everywhere; then there was another man as didn't talk much, but seemed, by letting down sliprails and what not, to be in it. I heard this Starlight, as he calls hisself now, say to him, “You have everything ready to break camp by ten o'clock, and I'll be there to-morrow and square up.” I thought he meant to pay their wages. I never dropped but what they was his men—his hired servants—as he was going to pay off or send back.'

'Will you swear,' our lawyer says, 'that the younger prisoner is the man you saw at Adelaide with the cattle?'

'Yes; I'll swear. I looked at him pretty sharp, and nothing ain't likely to make me forget him. He's the man, and that I'll swear to.'

'Were there not other people there with the cattle?'

'Yes; there was an oldish, very quiet, but determined-like man—he had a stunnin' dorg with him—and a young man something like this gentleman—I mean the prisoner. I didn't see the other young man nor the half-caste in court.'

'That's all very well,' says our lawyer, very fierce; 'but will you swear, sir, that the prisoner Marston took any charge or ownership of the cattle?'

'No, I can't,' says the chap. 'I see him a drafting 'em in the morning, and he seemed to know all the brands, and so on; but he done no more than I've seen hired servants do over and over again.'

The other witnesses had done, when some one called out, 'Herbert Falkland,' and Mr. Falkland steps into the court. He walks in quiet and a little proud; he couldn't help feeling it, but he didn't show it in his ways and talk, as little as any man I ever saw.

He's asked by the Crown Prosecutor if he's seen the bull outside of the court this day.

'Yes; he has seen him.'

'Has he ever seen him before?'

'Never, to his knowledge.'

'He doesn't, then, know the name of his former owner?'

'Has heard generally that he belonged to Mr. Hood, of Momberah; but does not know it of his own knowledge.'

'Has he ever seen, or does he know either of the prisoners?'

'Knows the younger prisoner, who has been in the habit of working for him in various ways.'

'When was prisoner Marston working for him last?'

'He, with his brother James, who rendered his family a service he shall never forget, was working for him, after last shearing, for some months.'

'Where were they working?'

'At an out-station at the back of the run.'

'When did they leave?'

'About April or May last.'

'Was it known to you in what direction they proceeded after leaving your service?'

'I have no personal knowledge; I should think it improper to quote hearsay.'

'Had they been settled up with for their former work?'

'No, there was a balance due to them.'

'To what amount?'

'About twenty pounds each was owing.'

'Did you not think it curious that ordinary labourers should leave so large a sum in your hands?'

'It struck me as unusual, but I did not attach much weight to the circumstance. I thought they would come back and ask for it before the next shearing. I am heartily sorry that they did not do so, and regret still more deeply that two young men worthy of a better fate should have been arraigned on such a charge.'

'One moment, Mr. Falkland,' says our counsel, as they call them, and a first-rate counsellor ours was. If we'd been as innocent as two schoolgirls he couldn't have done more for us. 'Did the prisoner Marston work well and conduct himself properly while in your employ?'

'No man better,' says Mr. Falkland, looking over to me with that pitying kind of look in his eyes as made me feel what a fool and rogue I'd been ten times worse than anything else. 'No man better; he and his brother were in many respects, according to my overseer's report, the most hard-working and best-conducted labourers in the establishment.'





Chapter 18

Mr. Runnimall, the auctioneer, swore that the older prisoner placed certain cattle in his hands, to arrive, for sale in the usual way, stating that his name was Mr. Charles Carisforth, and that he had several stations in other colonies. Had no reason for doubting him. Prisoner was then very well dressed, was gentlemanly in his manners, and came to his office with a young gentleman of property whom he knew well. The cattle were sold in the usual way for rather high prices, as the market was good. The proceeds in cash were paid over to the prisoner, whom he now knew by the name of Starlight. He accounted for there being an unusual number of brands by saying publicly at the sale that the station had been used as a depot for other runs of his, and the remainder lots of store cattle kept there.

He had seen a short-horn bull outside of the court this day branded 'J-E' on the shoulder. He identified him as one of the cattle placed in his hands for sale by the prisoner Starlight. He sold and delivered him according to instructions. He subsequently handed over the proceeds to the said prisoner. He included the purchase money in a cheque given for the bull and other cattle sold on that day. He could swear positively to the bull; he was

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