15th April 1856.

CONVlCTION OF A PUBLICAN.

Frederick Frampton, rendered in court, charged with having on the 19th of February, received seven gallons of beans, the property of Thomas Bayden, at Stone, well knowing them to have been stolen.

Mr. Addison, who prosecuted, spoke of the heinousness of the offence, which he regretted to see was now but too common, of servants robbing their employers, and celled Thomas Bowles, a lad, in the service of prosecutor as wagoner's mate. - William Rose was the wagoner.

On the 19th of February, a quantity of beans, taken from the barn chest by the wagoner, was placed in the wagon, when they were going together to Wittersham, and at Stone Ferry it was delivered up by the wagoner to prisoner, who kept a public-house there. The beans, which were in a sack, were placed in a little out-house, and on the wagoner telling him what he had got for him, the prisoner gave him a shilling. Witness told his master of the affair next day. When they went to the house again on the 25th, on their road to Wittersham, prisoner said he had a suspicion there was some man there on the watch, and told the wagoner to go on and take no notice.

Cross-examined by Mr. Francis:- He did not think of telling his master who he saw the wagoner take the beans out of the chest, though he knew it was wrong; he told him of it next day. They had been in the habit of baiting the horses at the prisoner's house, with the corn taken from his master's stables. They usually left the corn in the little out-house and baited on their return. he was close to the wagoner when the prisoner gave him a shilling. On the day in question they baited their horses, but not with that parcel of corn to which be had alluded; they had two parcels. His master had told him he should have some money when the case was over—he did not know how much—he had heard somebody say it was £20.

Re-examined:- He lived 29 miles from here, and left home the previous afternoon, and the bailiff told him that he should have some money—he never said anything about £20. When he communicated with the bailiff, he told him what to do.

John Hyder, bailiff to prosecutor, spoke of the communication made by last witness on the 19th February, about what he had seen in the stable, when he told him to look after the wagoner. He had made no offer to witness of any money.—

Cross-examined:- Rose, the wagoner, was in gaol, under a conviction for the same offence.

Mr. Francis, in addressing the jury for the defence, complained of the appeal that had been made to them as farmers to invoke their feelings against the prisoner for the peculiar offence of corn stealing; and asked whether they would convict on the evidence of a stupid witness, who by the last answer of the bailiff, stood proved guilty of perjury. He argued that the corn had been left as usual at prisoner's for the baiting of the horses and the money that had passed was merely that which had been given in change for the allowance.

George Trice, publican; Stephen Wenham, constable of Stone; Thomas Wellard, farmer; G. Halberson, farmer and grazier; and Charles Hoath, were called to character, which they spoke of as very good; and others were in attendance to depose to the same effect, but it was thought unnecessary to trouble them.

The Chairman having summed up, the jury returned a verdict of Not Guilty.

The prisoner was further charged with having stolen seven gallons of beans the property of the same party; and Mr. Addison, in opening, repudiated, what had been imputed to; him, any desire to press unfairly on the prisoner, and as regarded the lad to whom perjury was attributed, that there was no reason for concluding that, as all that had transpired was probably what he had heard of receiving money for coming to the trial; and it could not be supposed he would have attended without, as he could not afford to lose the time or bear the expenses of travelling. The learned counsel related that it was a charge for an offence of a similar nature to the last, committed on the subsequent Saturday. He then called the lad again.

Thomas Bowles who deposed that in consequence of what he was told by the bailiff in respect of the last case, he was on the look out; he kept his eyes open—and on the Saturday following he (witness) took seven gallons of beans out of the chest as the wagoner bade him, and put them into the wagon, which rent to Wittersham, and stopping at the prisoner's house, the beans were taken into the outhouse by the wagoner, the prisoner standing at the gate the same time. When they returned the wagoner sold the beans, but he did not see any money given. They took some beans to bait the horses and some to sell—the wagoner told the prisoner he had some beans for him.

Cross-examined:- Prisoner said nothing—it being the first time, and not the second, that he heard the conversation about the beans. They baited at Wittersham that day, and prisoner refused to allow them to bait their horses.

Re-examined:- He gave as his reason that it was because he thought that same man was watching.

By the Court:- What he meant by the wagoner selling the beans was that Rose told him that he had sold them and had got something for them, but he did not say how much.

William Rose, the wagoner, was then brought up from the House of Correction, on the order of the Court. He spoke of the second occasion when he went with some beans which he left at prisoner’s house; he placed them in his lodge under his directions—he gave him 1s. the first time, but nothing the second; he expected that he should receive on the second occasion the same as before, which was his reason for taking some again. He saw the prisoner in the road, who asked if he had got any thing for him to-day; to which he replied that he had, when he told him that he had better not stop that day as there was somebody on the watch, for his mate had been talking about it. Consequently he did not leave the beans, but took them back again.

Cross-examined:- He used to bait his horses there; he did not leave any when going to Wittersham on the second occasion spoken of, but left them on his return; he told prisoner on one occasion that he had got a few beans for Mr. Stonham, which was the beginning of it—he never told him that he should not bait his horses there again.

Hyder, the bailiff, merely deposed that in consequence of the communication he told the boy to keep his eyes open.

Mr. Francis, for the defence, argued against the prisoner having received the beans knowing them to have been stolen, or that there was any proof of his having received them at all.

A third charge imputed to him a similar offence on the 27th, the particulars of which were briefly detailed, though the learned counsel, Mr. Addison, refrained from prosecuting it. He stated that on this occasion when the corn was taken to prisoner, he refused to take it, as it appeared that the thing had become blown. The witness had been told to keep his eyes open and no doubt he did so; and prisoner having his apprehensions, the corn was conveyed to Wittersham and afterwards returned to the stable. He should, having obtained a conviction, withdraw this charge.

The Chairman, in sentencing prisoner, said the Court perfectly coincided with the verdict of the jury in finding him guilty of having received these beans knowing them to have been stolen. There was every reason to believe that this practice had been carried on to a very great extent, much to the injury of the farmers of the neighbourhood. Were there no receivers there would not be found so many persons prompted to crime as there were. He sentenced prisoner to twelve months in the House of Correction.

On leaving the bar the prisoner exclaimed that he had been tried very wrongfully, for he never had or ever touched a bean.