Mary Mccabe

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Maureen Withey on 29th November 2020

SUPREME CRIMINAL COURT. Monday.-- Before Mr. Justice Dowling and a Military Jury. Patrick Brown was indicted for cutting and maiming two calves, the property of James Sherret, at Bathurst, on the 25th December 1830. The second count charged the prisoner with the some offence on two calves the property of Sampson Showel Ceeley, and the third count with the same offence on one calf the property of Thomas Cummings. Mary Sherret - I am a married woman, and my husband is a labouring man residing at Bathurst ; my husband has some cattle of his own; I knew the prisoner at the bar about 18 months ago, he was Overseer to Mr. Cox of Clarendon; two days before last Christmas, the Overseer and the prisoner at the bar came to my place, and wanted to have some rum, but I would not allow them; the Overseer and my husband had a quarrel, but afterwards made it up, and he gave my husband a cow and calf as a present; about four or five days after, there were five calves put into our pen, and four of them were cut; one of them was cut on the thigh; and the others in the belly. The stockman came and reported it and I gave him a needle and some thread to sew the wound up; two of the calves afterwards died; on the night in question the dog was uneasy on his chain, and about 11 or 12 o'clock I looked through the crack of the door and saw the prisoner standing close to the door with something in his hand; I spoke to him, and asked him what he did there at that time of night? he made no reply and I called my husband, but before he came down the prisoner was gone; on the following morning when I was going down to the Stock-yard, I met the prisoner near the house with two reaping hooks in his hand, he passed close to me but I did not speak to him; one of the calves died belonging to Thomas Cummings, and the other was the one the Overseer had made a present of to my husband; I think the one that was cut on the thigh belonged to Captain Ceeley, the others that did not die belonged to him also. Cross examined by Mr. Poignard- It was about a week before this, that the prisoner quarrelled with my husband; I cannot swear that the prisoner did it, seeing him at my door gave me suspicion. By the Court- When I opened the door I saw the prisoner and spoke to him, but he ran away " It was about 8 o'clock next morning when I saw the calves cut; the prisoner was taken up on the Monday, the day that I found them cut; I do not know the value of the calves, but they must be worth more than a shilling. By a Juror- When first I saw him, before I opened the door, there was a shadow as if he had something sharp In his hand; when I opened the door, I could not see whether he had any thing in his hand and he ran away. By the Court- I had not seen the prisoner since he quarrelled with my husband a week before James Sherrit - I am a labouring man and live at Bathurst; I have some cattle of my own; I was called up by my wife one night in December last, a little before Christmas, who told me these were some of Mr. Cox's men about the premises; I got up. went out and saw one man (the prisoner at the bar) who was walking away towards his own place; I spoke to him and told him he was about no good, and that if he came there he would not got away so easy; I could not be mistaken in the man as I know him well; he made no answer; It was a bright night sufficient to discover a man's features, and he was near enough to hear me speak; I had had a quarrel with him a short time before; he came to my house some days before, when he struck me on account of the quarrel I had with his Overseer; between 7 and 8 o'clock the next morning the man came and called me, and I went to the Stock-yard and saw the calves cut very much. Cross-examined by Mr. Poignard- I can not say that the prisoner stuck them; nor could I say any one else had, as I did not see them ; the butcher thought that it had been done by a native dog, but I was sure it could not be a native dog, because it was a clean cut and not a tear ; the prisoner was too far from me to see whether he had any weapon or blood on his hands. Richard Fielding-I live about 14 rod from Sherrit's place at Bathurst; I put two calves belonging to Sherrit, two belonging to Capt. Celey, and one belonging to Thomas Cummings, into Mr. Reed's calf-pen about a day or two before Christmas; when I put them in to the pen they were well, and next morning I found four calves cut, one was lying on his back and his entrails out; I thought at first it had been done by a dog, but afterwards thought that the cut on the dead calf must have been made with a sharp instrument; two calves out of the four that were stuck died. Cross-examined by Mr. Poignard- I am a butcher by trade; I think two of the calves were wounded by a native dog; the tusk of one would cut the same as a knife. By a Juror-There were many native dogs about that place and they could easily get in through the rails ; a native dog might have bitten three or four calves without waiting to eat any, as he might have been disturbed. Isaac Watson- I am a constable and went to Sherrit's to see some calves that had been wounded a night or two before Christmas; I can be on my oath that the wounds were not inflicted by a native dog, but by a sharp instrument; I have seen many sheep bitten by native dogs and am quite certain these wounds were not inflicted by one. This was the case for the prosecution. The prisoner stated that in consequence of not receiving notice he had no witnesses ready. Mr. Moore stated, that the prisoner had the usual notice, and that no intimation had been given to Win by them of their want of witnesses. Richard Fielding recalled for the prisoner - I heard Mary Sherrit say, that she would be revenged on the prisoner dead or alive; she said so before and after the business at her house I have known the prisoner 13 or 14 months, but was not intimating. Mary Sherrit recalled- I never said that I would be revenged on the prisoner dead or alive; I did say that if I knew he had killed the calves I would prosecute him. This was the case. Mr. Justice Dowling in summing up explained, that the prisoner was charged with the offence which came under the Act of Parliament, 7 & 8 Geo. IV. chap. 30th, section 16th. He had a doubt as to the formality of the indictment, but that would remain for the after-consideration of the Court. He then proceeded to recapitulate the evidence. and left the case with the jury, who retired about ten minutes and returned a verdict of Guilty.-The prisoner was remanded for sentence. Sydney Monitor, 1 Jun 1831.

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Maureen Withey on 28th November 2020

Colonial Secretary Index. SHERRIT, James. Per "Asia", 1825. 1825 Feb - On list of convicts landed from the "Asia" & forwarded to Bathurst for distribution; appears as Skerret (Reel 6014; 4/3513 p.491) 1825 Oct 24 - Prisoner at Wellington Valley. Petition to have wife Mary transferred from the Female Factory to Wellington Valley (Reel 6069; 4/1818 pp.455-7) 1825 Oct 25 - Proceeding to Sydney with population muster (Reel 6069; 4/1818 p.459) 1825 Nov 16,19 - Re permission to marry Mary McCabe at Sydney; appears as Sharrard (Reel 6064, 4/1788 p.124a; Reel 6016, 4/3516 p.3) -------------------------------------------------- SHERRIT, Mary. Per "Mariner", 1825, as Mary McCabe (which see also) 1825 Oct 24 - At the Female Factory. Petition of her husband James to have her join him at Wellington Valley (Reel 6069; 4/1818 pp.455-7)

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Maureen Withey on 28th November 2020

Colonial Secretary INDEX. MCCABE, Mary. Per "Mariner", 1825. 1825 Nov 16,19 - Re permission to marry at Sydney (Reel 6064, 4/1788 p.124a; Reel 6016, 4/3516 p.3) --------------------------------------------------- Convicts Index 1791-1873. Mary McCabe, Mariner 1825, Ticket of Leave, District, Bathurst; Entry No 29/649. Mary McCabe, alias Sherret, Skerret, per Mariner 1825, Certificate of Freedom, 4 Apr 1834, Entry No 34/0331. TL 29/649; in lieu of CF 31/382. --------------------------------------------------

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Dennis Nightingale on 8th April 2015

Born - Cavan County Ireland. Arrived on the Mariner 2. 10/07/1825 Port Jackson.