1872 - [NEW HOTELS]
Amongst the most prominent vendors of suction is Joe Moss, of the "Ring of Bells," who has almost completed a snug house, in what will be the main street, where we hope he will be as well patronised as his merits deserve, and his friends wish him. David Wright, of the Queensland Hotel, on the Black Lead, is also re-erecting his house. In fact not less than a dozen public houses are now in course of erection, as are scores of other buildings too numerous to mention.
Source: Gulgong Guardian, Issue No 88, June 19, 1872
During the past fortnight there has been a great improvement for the better in the appearance of the township at the Home Rule. Large and costly buildings are springing up in every direction and being fitted up for almost every trade. In hotels there is a great change for the better, as in several of them notably Messrs Wright, Moss, and Oliver, the accommodation is almost equal to any on Gulgong; so visitors need not fear that they will suffer hunger or thirst.
Source: Gulgong Guardian, 13 July 1872
Group outside David Wright's Queensland Hotel, Home Rule
Click here to see zoomable image
On Wednesday and Friday last John Randall appeared before Mr. T. A. Browne, P.M., and Mr. J. F. Plunkett, J.P., at the Police-court, charged with the manslaughter of Emily Jane M'Guire, on the 9th of June last, at the Home Rule. Mr. sub-inspector Carter prosecuted on behalf of the Crown, and Mr. Edward Clarke, of Mudgee, appeared for the defendant. Mr. Clarke applied for a postponement to give time to procure witnesses. Mr. Carter opposed the application, saying that plenty of time had been allowed to with the case. The information was read, and defendant pleaded not guilty. The first witness, a man named Johnson, was called, but not answering, a warrant was issued to compel the same.
C. Thorndyke, sworn, said: I am a police constable stationed at the Home Rule; I remember Sunday, June 9th; a coach accident happened on that day; I did not see defendant after the accident on that day; I saw the dead body of Emily Jane M'Guire at Kirkpatrick's [Queensland] Hotel after the accident. By Mr. Clarke: I know a person named J. A. Courtis; I saw him on the day of the accident; he said "Who's in charge of the police here? where's Forster?" I said Forster left, I am in charge; he then said, "If you like to take me in charge I will give myself up, it was my fault, I had no right to give up the reins to the Chinaman;". I said I would not take him in charge, and requested him not to leave the town as he would be wanted at the inquest on the following day.
C. E. Barnard, sworn, said: I am Government medical officer for the district; on the 10th of June I was called to the Home Rule to make a post mortem examination on the body of Emily Jane M'Guire; the body was lying in a room in the Queensland Hotel ; I found bruises upon the left side of the head over the temple; there was blood oozing from the ear and nostrils; there was a fracture of the skull six inches in length, from the vertex to the base; this was, in my opinion, sufficient to and did cause death.
J. A. Courtis, sworn, said: I am a general tradesman, residing in Mudgee; I was a passenger by the mail coach on Sunday. June 9; I know the defendant, John Randall; he is the driver of the coach ; he drove the coach that, day; I believe there were two lady passengers inside the coach; I reached the Home Rule about 4 p.m., and the coach stopped at Kirkpatrick's Hotel; the driver, John Randall handed me the reins ; I did not hear him say anything to me on that occasion; he did not give me any instructions to be careful about the horses; I sat upon the box and held the reins for about six or seven minutes while the horses were being watered; I said to one of the Messrs. Kirkpatrick, "I want to go to the back, will one of you hold the horses?" I got off the coach and handed the reins to the groom, Johnson, a Chinaman; I went towards the closet, and heard some one say the horses had bolted; when I got outside the coach was about 100 yards distant from the hotel, and the horses galloping as hard as they could; there was no driver; I saw a female get out at the back of the coach, and later in the day I saw another female brought back in a cart ; I believe she was dead; I never saw her either dead or alive; I have travelled with Randall on several occasions when he has been driving the coach. By Mr. Clarke: I got into the coach at Mudgee, and was seated upon the box; there was no other passenger on the box. The witness here, as is his usual custom when in Court, commenced to make a long rambling statement about pressure being brought against him since this occurrence, and that he had been threatened in Mudgee if he stated the truth in the Court house to-day he had better look out. Mr. Clarke: Mr. Courtis, will you please give the name of any person who you say threatened you? Witness: I do not know them. Are you prepared to make an affidavit that anyone did so? Witness: No. Then it is, we are to presume, an hallucination of your brain. Examination continued: The other passengers were in the coach before I got on the box; the curtains of the coach were down; I did not see either of the inside passengers pay money to the coachman; there were three horses in the coach; the leading horse was one I have seen often; I have been upon the box before, and have frequently held the same horse, and never knew him at tempt to bolt; I have had some experience with horses, and have driven a team of five: the distance from Mudgee, via Eurunderee and Home Rule, to Gulgong, is twenty-two miles; the same horses run through the whole distance: the driver pulled up at the post-office at Eurunderee, and handed the reins to me; he told me to be careful, and I replied that the reins were as safe in my hands as they were in his; he took a mail bag into the post-office and returned in about five minutes; when we arrived at the Home Rule the driver got off the coach and took some mail bags to the post-office; he did not say anything to me by way of caution; if he said anything I did not hear him; I did not ask the Chinaman to hold the horses; when he had done watering them he came and held them; he said "all right," but not in answer to any question from me. Mr. Clarke requested that the depositions taken at the Coroner's Court be produced. The Court adjourned for one hour. Upon the reopening of the Court the depositions were handed in, and the last witness continued: The exhibit marked A is in my handwriting. By the Bench: I did not caution the Chinaman when I gave him the reins.
John Johnson stated he had been ostler seven months at the hotel; on the Sunday in question after he had watered the horses Courtis gave him the reins, saying he was very cold, and must get some brandy; a gentleman named Clarke took the reins and tied them to the coach; I stood at the horses' heads; a gust of wind sprang up and the curtains began flapping, and the horses became restive; I could not hold them.
Joseph Henry Clarke, a geologist, gave evidence to his being present when the accident occurred; a friend with whom I was talking called my attention to the Chinaman holding the reins; I went and took the reins from the man and tied them to the coach, and the Chinaman went to the head of the leading horse; at this time the curtains began flapping and the horses started; I rushed to catch the reins, but could not do so; I saw one of the females jump out, and the other afterwards brought back; I have ridden several times with the coach upon the box, and have held the reins; the leader upon each occasion stood perfectly still; I do not consider him a bolter; I consider him manageable under any circumstances.
Henry Allen, miner, sworn, said: I remember the occurrence; I was at the Home Rule bridge; I saw the horses in the mail galloping away; I got a hone and followed for about a quarter of a mile, and when within 9 or 10 yards from the coauh I saw the deceased fall out; I believe she must have been trying to get ont, and fell upon her head; I went to her; she was insensible; I procured a cart and removed her to the Queensland Hotel; her name is Emily Jane M'Guire; I saw her dead body this afternoon.
Case adjourned till Friday.
On Friday George Kirkpatrick corroborated most of the former evidence, and said that after the accident he rode after the roach for about three miles, following the bush track; the coach was uninjured, and the horses easily pulled up.
This being the case for the Crown, Mr. Clarke contended there was no case for a trial, and for the defence called Thomas Randall, sworn, said: I reside in Mudgee; I am proprietor of the mail coach and horses; I know the team driven on the occasion of the accident; the black horse leading I have known for two years; he is quiet and tractable; I never knew him to run away; it is the practice for coach-drivers to take the mail bags to the post-office and get a receipt for the same; they are compelled to do so, but an alteration is now made, and the postmaster takes the mails from the coach.
Cecilia Viles, sworn, said: I reside in Gulgong, and was a passenger by the coach from Mudgee on June 9. I was inside the coach, which pulled up at the Queensland Hotel; the driver got off to deliver the mails, and asked Courtis to hold the reins; he said, ' Hold the reins, and be careful;'' Courtis replied, "Don't be afraid;" I don't know if Courtis said anvthing else; the horses ran away, and I jumped out. By Mr. Carter: I am defendant's niece; I do not know how far the horses went before I jumped out.
John Barry, sworn, said: I am manager for Cobb and Co.; I know the black horse in question; I consider him anything but a bolter; he is quiet and tractable, and could easily be pulled up by any one upon the box; I have had twenty years' experience with coaches and horses in Victoria and this colony, and it is the custom both there and here for the drivers to hand the reins to any gentleman upon the box; I know the track through the bush from Kirkpatrick's; it is a very crooked one, and I do not think any horses that would bolt would keep it without doing some damage to the coach; there are some sharp curves in the three miles. Cross-examined by Mr. Carter: The driver is bound to deliver the mails; horses, if loose, and in the habit of going certain tracks will keep it, and I do not think horses in the habit of travelling twenty-two miles per day, are likely to bolt. W. Selff and J. H. Cogdon gave evidence relative to the leading horse being perfectly quiet, both having frequently ridden behind him and frequently held the reins.
Thomas Tarrant, formerly proprietor of the mail, sworn, said "I have known the horse four years, and have driven him at day and night; he is eleven, years old, and has been coaching four years: I never knew him bolt or attempt to bolt, and it would be almost impossible for horses that had bolted to pass through the crooked bush without doing serious damage to the coach.
This, closed the evidence, when Mr. Clarke, in an impressive address to the Bench, pointed but the law bearing upon death caused by negligence, and also called attention to the discrepancy taken before the Coroner and that given in this Court. After going carefully through the various evidence, he hoped their Worships would acquit the defendant. Mr. Sub-inspector Carter replied, and the Bench committed the defendant to take his trial at the next Mudgee Circuit Court, bail being allowed, himself in £100 and two sureties of £50 each. During the hearing of the case the Court was filled with spectators each day.
