Attach:Site/PageHeader/softflow.gif Δ

ROCKHAMPTON “MORNING BULLETIN”

Wednesday 1 January 1879

ROCKHAMPTON POLICE COURT

CONSPIRACY

Peter Warren charged James Manly, Johanna Manly (his wife) and Norah MacFarlane? with conspiring to defraud him. Mr C.S.D. Melbourne appeared for the complainant, and Mr H. Milford for the defence.

Mr Emile de Lannigre having been sworn in as interpreter, the following evidence was elicited.

Peter Warren deposed that he was a master mariner, and knew all the defendants; the male defendant was a short time ago the proprietor of the Prince of Wales Hotel, and Mrs MacFarlane? was employed there as a servant; he gave the latter money to buy a dress some seven months ago, and had since given her a further sum of money amounting to £6 to give the priest; he gave her in all about £20; Mrs MacFarlane? promised to marry him on several occasions; he was in the habit of staying at the hotel when in town; from the 4th to the 6th November the defendants were always conversing respecting the marriage; he was to be married on November 5; the previous evening Mrs Manly told him it was time to get a ring, as the marriage was to come off next day; the defendants were all present then, and as he felt pretty “boozy” he went to bed; Mrs Manly and the servants subsequently woke him up, and Mrs MacFarlane? pulled him out of bed; he got up and came into town with the female defendants in the afternoon; he went with them to Mrs Kingel’s jeweller’s shop, into which the female defendants forced him to go; he did nothing on entering, but the females chose what they purchased; he handed £63 to Mrs Manly, and she returned £43 to him; they afterwards purchased some confectionery, for which Mrs Manly paid for with his money; boots were then bought, and Mrs Manly asking for £3 he gave it to her to pay for them; from there they went to Face and Co’s where drapery goods were purchased and he paid £15 for them, the money being handed to Mrs Manly; they all returned to the Prince of Wales hotel, and subsequently Mr and Mrs Manly went for Father Murlay, and told witness he was to be married that night; on their return supper was partaken of; Mrs MacFarlane? said, “My worshipped angel, I’m afraid you will not marry me yet”; he responded in a similar strain; she said that to make sure of the thing he must hand her the money to pay Father Murlay; he gave her a ten-pound note and she gave him £4 back; she told Mrs Manly she was ready to be married as she had the money to pay for it; Mrs Manly told him he had better wait with patience until the time has come; Manly said he wanted a black coat to go to the wedding in, and witness had better get one; he said he could not do so without Norah’s consent; after supper Manly said witness had better get a covered carriage to go to the church in, as it was raining; he declined to go without Manly who refused, and they had some refreshments and indulged in dancing; the ceremony was then postponed until the next day and he went on board his boat; on the next day he went to the hotel and saw the defendants; Mrs MacFarlane? said she was sorry that the ceremony had not been postponed the previous night; he stayed there all day waiting to go to the church; Mrs Manly brought in some porter and champagne for which he paid sixteen ……… Mrs MacFarlane? a present ………… drinking the liquor they started for the church, he going in company with Manly, and the two females with the other man; he and Manly went as far as the Rockhampton Hotel when the latter left him; the others went as far as the railway line and thence to the Prince of Wales Hotel; he then found they were making a fool of him and he went to the Rockhampton Hotel to refresh himself; he returned to the former Hotel to bid them good-bye for ever; the man previously referred to struck him at the hotel and he retaliated, when they were separated, and he went on board his boat; he would sooner have parted with his skin than his money if he had known Mrs MacFarlane? did not intend to marry him; Mrs MacFarlane? never told him she was married, she always said that she was as clear as the sun.

By Mr Milford: He left France in a steamboat; did not know the months in English; two or three days after seeing Mrs MacFarlane? at the hotel there was a proposal of marriage made by him, which she accepted; she was cleaning the knives at the time in the dining-room; he said “If you will marry me, I will marry you within three months”; she declined, and wanted the ceremony prepared forthwith before the week was over; he addressed her in endearing terms, such as “My dear little sweet”; he told her to have a little patience, as he did not want her to be in a hotel when she was married; she took a ring off his finger, and said that it would be the first present he gave her; he gave her the ring; he knew her as Norah only, and never asked her or the other defendants what her name was; neither of the defendants ever said that Mrs MacFarlane? was a married woman; he had made presents to another girl, who had returned them because she declined to marry him; before going to Mrs Kingel’s he gave Mrs MacFarlane? presents of money, sometimes one, two, and three pounds, because she said her family was poor; he never asked who her family were; he never kissed her but once, and then in the presence of others; the afternoon he went to Kingel’s, Mrs Manly came to his bedroom and woke him up; he then dressed and accompanied her and Mrs MacFarlane? up East Street; he declined to go into the shop until the marriage ceremony was celebrated.

At this stage of the proceedings the case was adjourned until Thursday morning.

ROCKHAMPTON “MORNING BULLETIN”

Friday 3 January 1879

CONSPIRACY:- The case against James Manly, Johanna Manly and Norah MacFarlane?, charged with conspiring to defraud PeterWarren? was further proceeded with. Mr C.S.D. Melbourne appeared for the prosecution, and Mr H. Milford for the defence. The following evidence was adduced:- Peter Warren recalled deposed that he knew a girl named Mary, formerly engaged at the hotel, but now at Mrs Macdermott’s; he never told her he knew Mrs MacFarlane? was married; the defendants Manly never said that Mrs MacFarlane? was a single woman; he had nothing to drink before going to bed on the day he was assisted out by the female defendants; he always spoke to Mrs MacFarlane? in English.

By Mr Melbourne: Each of the three defendants told him that Mrs MacFarlane? was ready to be married.

Charles Robey deposed that he was a seaman employed aboard the Colleen Dha…..; he was present on the evening the marriage was appointed to take place between Warren and Mrs MacFarlane? at the Prince of Wales Hotel; he went inside the hotel to speak to Warren; the defendants were present; Mrs MacFarlane? was then engaged in conversation with a young gentleman, and Mrs Manly was speaking to Warren; he heard her asking Warren to “shout”, and there was something said about paying for a priest; he saw a man “make” for Warren, who got out of his way; they had a bit of a tumble together, and Manly shut the door; he (witness) wanted to finish his liquor, and Manly administered a forcible reminder to his face; he then left, and went aboard his vessel.

By Mr Milford: There was something said between Warren and the man that struck him; he could not remember what the conversation was; there was no champagne drunk that night; he only had one beer that night.

Jemima Kingel deposed that she carried out the business of a jeweler in East Street; on or about the 5th November she saw Warren and Mrs MacFarlane? and Mrs Manly in her (witness’) shop; they bought two necklets, two lockets, a ring, and, she believed, a set of studs; the goods were manufactured from colonial gold; Mrs Manly was informed of the price, and Warren gave her £20, which she handed to witness; one of the female defendants took change ……….

Philip Williams deposed that at present he was a station hand; he was in the Prince of Wales Hotel on November 5, in the evening, and indulged in the landlord’s hospitality and partook of cakes and wine; he saw no champagne that evening; the next night he was present at the hotel and saw Warren there; Warren was called upon to “shout”, and he did so several times; Warren remarked that it was time to go to church, and Mrs Manly said there was plenty of time; subsequently Warren, the defendants, and another man left the hotel to proceed to the church; Manly returned to the hotel and said the man was too drunk to go to church; Many did not mention the man’s name; he saw Warren subsequently with Mrs Manly and Mrs MacFarlane? in the hotel, and Mrs Manly asked Warren to treat them which he declined to do; the man referred to had a row with Warren and the latter shortly afterwards went home.

The cross-examination elicited nothing material excepting that the witness had several drinks in company with Warren and the defendants, and treated them to music on an accordion.

Dean Murlay deposed that he could not remember marrying Norah MacFarlane? to any person; her face was familiar to him; on May 28, 1876, he was duly registered for the purpose of celebrating marriages.

Theophilus T, Devine deposed that he was in the employment of J. W. Face and Co., drapers, East Street; he remembered seeing the female defendants in company with Warren in the shop; the goods purchased were some articles of men’s and women’s clothing; portion of the goods were taken away by Warren, and the remainder sent to Warren’s address; Warren paid cash for the goods.

Sergeant Burke was called to testify to the fact of Mrs MacFarlane? being the person concerned in a Police Court case of MacFarlane? – MacFarlane? in July, 1876. (The depositions in that case were admitted.)

Dominic Bresson, labourer, deposed that he knew all the parties concerned in the case; he remembered about November 5; he was at the hotel and asked Manly why the French flag was flying over the house; Manly said it was in honour of Warren’s marriage; inside the hotel Mrs Manly told him Warren was going to be married that night; that Warren had bought some things for the girl and that everything was arranged; Warren came into the hotel shortly after; Mrs MacFarlane? came from the kitchen and saluted and saluted him with “Hullo, Captain Peter, when did you arrive.”

The cross-examination of this witness elicited nothing of importance although he appeared to have a hazy idea respecting the flags he saw flying on the auspicious 5th of November, and the quantity of refreshments consumed by himself, Warren and others.

At the conclusion of the cross-examination of the witness, the case for the prosecution having closed, the bench intimated that they were of the opinion that a “primae facie” case on the charge of conspiracy had not been satisfactorily established, consequently they dismissed the case.

(Additional report).

The Police Court case of Peter Warren – James Manly, Johanna Manly, and Norah MacFarlane?, late of the Prince of Wales Hotel, has engaged public attention of late, the Court being densely on Tuesday and Wednesday during the hearing of the case.

The prosecutor, who is the proprietor of the ketch Nautilus, had been taken advantage of by two ladies of prepossessing manners and appearance. Being disappointed in his ………. with the youngest of the pair, he sought satisfaction for his disappointment at the hands of the Bench. As matters turned out he as met with a second disappointment, and commences the new year a sadder, if not wiser man.