Joseph Augustus Green [29428]

   FamilySearch ID: 9H2J-2HJ.

  Noted events in his life were:

• Registration: Birth, 1880, Bathurst District, New South Wales. ¹ 10060/1880
GREEN, JOSEPH AUGUSTUS
PHILIP GEITLEY
SARAH JANE
BATHURST

• Court: Witness, 1894 Jul 20, Bathurst, Bathurst County, New South Wales. ² Quarter Sessions. (1894, July 31). Bathurst Free Press and Mining Journal (NSW : 1851 - 1904), p. 2. Retrieved September 2, 2011, from <http://nla.gov.au/nla.news-article62965515>

<http://trove.nla.gov.au/ndp/del/article/62965515?searchTerm=Joseph> Augustus Green&searchLimits=#pstart4836574

Quarter Sessions.
MONDAY, July 30th, 1894. (Before his Honor, Judge Docker.) (Continued from page 4.) ALLEGED HORSE STEALING.
James Richard Robinson and Edwin Michael Francis Foley were indicted for having; on 31st March, 1894, at Willow Springs, stolen one mare the property of Patrick McMahon and one bay horse the property of Ann Foran.
Prisoners pleaded Not Guilty.
Prisoner Foley was defended by Mr. Butterworth instructed by Mr. McIntosh, and prisoner Robinson was defended by Mr. Thompson.
Ann Foran deposed that she lived at Willow Creek, and owned a horse branded PF over J ; saw him in March last in Green's paddock, and not again till the police had him in Oberon.
To Mr. Butterworth : Two days before I missed him the prisoners were at my place to dinner.
Patrick Foran, son of previous witness, deposed that the horse outside the court was his mother's property ; saw it a few days before it was missed and got it from James Hanrahan.
Patrick McMahon, farmer at Stoney Creek, about 14 or 15 miles from Mrs. Foran's, deposed that he owned the mare outside the court and saw her in March, after which he missed her ; in April be got her back from John Green.
John Thomas Green, farmer, of Willow Creek, deposed that on the 26th March the mare claimed by McMahon was brought to him for agistment, and his son put her in the paddook ; a few days afterwards he missed her, and found a number of tracks going out of the paddock in which she had been placed ; there were also tracks about trap yard, which had not been used for some time.
Joseph Augustus Green, son of last wit- ness, deposed that he put the mare in his father's paddock, and the horse belonging to Mr. Foran was then there.
Philpley Gidley Green deposed that he tracked the horses that had been taken from the paddock along the Rockley- Goulburn road and Wiseman's Creek road ; the tracks were of a mob of horses that had galloped, and near them were the tracks of a shod horse; they went through Mrs. John Foran's paddock, in which was a trap yard which had recently been used, evidently for penning a portion of the same mob ; from there they out out on to one of the old roads. (A plan was produced, and witness was closely examined concerning the tracks followed.) In cross- examination witness said he had known prisoner Foley for seven years, but did not know anything against his character, except this charge.
James Joseph Haurahan, laborer, of Fish River, deposed that about the time the horses were reported missing from Green's paddock he saw the two prisoners on the road, about a mile from the old trap yard, heading towards Goulburn ; they were about two miles from Robinson's place.
Alexander Whalan deposed that on 31st March he saw prisoner Robinson on the Swatchfield-Rookley road ; he was riding a roan horse, and had a companion whom wit- ness did not recognize; they were driving a mob of horses which looked as if they had been driven hard ; the second man was riding a black horse.
To Mr. Thompson : I had seen Robinson previously at the Oberon races, and knew him ; it was in the morning whon I saw them.
Frederick Morrow, living with his father beyond Oberon, deposed that on 31st. March he saw prisoner Robinson on the Wiseman's Creek road; he was driving a mob of horses, and was riding a roan horse ; another man was with him riding a bay horse ; did not know the second man. To Mr. Thompson : Could not swear that the horse Robinson was riding was a roan ; could not say if it was shod. Fabian Foley, laborer, living with his father at the Wiseman's Creek, deposed that prisoner Foley was his cousin ; on 31st March be saw him with Robinson at Wise- man's Creek ; Robinson was riding a roan mare and Foley a black mare ; the roan mare outside the Court was the one, to the best of witness' belief ; they had dinner at witness' father's place and afterwards they rode away ; two or three hours afterwards he saw them again driving a small mob of horses about half a mile from his home ; after nightfall they returned to his father's place stayed the night ; they did not leave until about 11 o'clock next morning, Sunday ; when witness caught up to them on the road Robinson said be ought not to be with them, add after riding half a mile with them he left.
To Mr. Thompson : Robinson was arrested eight days before Foley ; I was at the Police Court at Oberon when Robinson was re- manded ; I heard the evidence given by Constable Fulton there, and I swear I did not see Ned Foley afterwards and before he was arrested; I don't think I did (Mr. Thompson : Will you swear ?\emdash No answer.) I did not see him at father's house when I went home ; the roan mare that Robinson was riding was not shod ; cannot say if' the black mare ridden by Foley was shod ; I am son of Frank Foley, postmaster of Wiseman's Creek.
To his Honor: We did not have any conversation about the mob of horses.
Selina Shalvey, wife of George Shalvey, deposed that the roan mare belonged to her step-father, Mr. McMahon ; on Saturday 31st March she saw prisoner Robinson and Foley driving a small mob of horaes ; Robin- son was riding the roan mare.
To Mr. Butterworth : On the same evening I saw prisoner Foloy shoeing a horse, but cannot say if it was the one he was riding.
Fabian Francis Foley, postmaster, Wise- man's Creek, dopoded that the two prisoners came to his house on the Saturday, Robinson riding a roan mare and Foley a black mare; they were driving; horses and put them in his backyard; heard Robinson say he would sell the roan mare if he got his price; subse- quently Mrs, Shalvey said something to witness, and witness said to Robinson "You can't sell the roan mare as she is not yours to sell, but belongs to ' Mr. McMahon ' ; he re- plied, ' It's, my property, and not McMahon's at all ;" witness then said " If these horses are not yours then take them off my premises at once and I'll give information to the po- lice abont it ;" Robinson said again they were his and Ned Foley said ' If they are yours own to them at once, as if they are not yours I wouldn't go to the yard with you and b found in your company."
To Mr. Butterworth : Ned Foley was rid- ing a black mare, his own property, and he shod her at my place during the afternoon ; have known Ned Foley since a child, and he has borne a spotless character.
To the Crown Prosecutor : Ned Foley had taken the shoes off the the black mare before he rode away from my place ; she had been running at my place for some time before ; he rode her away about a week before return- ing; with Robinson.
Constable Fulton, stationed at Oboron, deposed that he arrested Robinson at Oberon on 7th April ; in answer to questions prisoner said he was at Wiseman's Crook on 31st March ; he siad he had left Ted Robinson's and went to Shooter's Hill, and after an early dinner went to Foley's at Wiseman's Creek ; that, on the Saturday morning Dave Foley and he went out riding together and when returning in the evening they saw Ned Foley coming along- tho road, driving a mob of 12 or 15 horses ; prisoner said he asked where he was taking the horses to and he replied ?"It would suit some people better to mind their own ----- business;" that, he did not say any more, but rode along with him to Frank Foley's, where the horses were turned into the yard ; that he stayed there that night and so did Ned Foley, who got up ubout 4 o'clock next morning, and went away ; in answer to witness prisoner said be knew one the horses as Mrs. Foran's very well ; when witness charged prisoner he said ' Oh, all right, it wasn't me stole them, I believe it was Ned Foley ;" on the 18th April Ned Foley came to the police office and said he heard that there was a warrant out for him ; in answer to questions concerning his where-abouts on the31st March, he, after some hesitation, said he was at Wiseman's Creek, and he saw Robinson there, but refused to say whether he (prisoner Foley) was driving horses with him, saying he would tell witness by-and-bye ; subsequently he said he had helped drive the horses along the road, but when Mrs. Shalvey recognised the, mare he " dropped down " that they wore stolen, and advised Robinson to take them back again, helping him back along the road with them as far as Riding's, near Oberon, where he left them.
Senior-constable Hayes gave evidence con-cerning the distances on the road along which the horses were driven. He gave both priso- ners a good character.
For the defence \emdash
Prisoner Robinson deposod : On the 30th March I left home to go to Dennis', about five miles, acd from there weut to a dance at Foley's ; arrived there about five o'clook in the afternoon ; stopped there that night ; Frank Foley and Fabian Foley were both at home ; next day Fabian and myself went for a ride after dinner ; we went up Wiseman's Creek a bit and met Nod Foley driving horses ; shook hands with him and asked him whose horses they were, and he said, " Mind your own business ;" went, back with him to the house, and after yarning awhile went inside; Frank Foley the father was there, too ; this was about 5 o'clock ; went inside, and then Ned and Frank came in also ; had our tea and I went out once after- wards ; the horses were in the yard; came in then and went to bed ; saw Ned Foley next morning (Sunday) about. five o'clock; he shook hands with Fabian and then left the room ; heard some horses going away soon after this ; did not see the horses after this till I was shown three of them at Oberon, where I was before tho court ; Constable Ful- ton gave evidence there ; one of the Foley's and his uncle were present in court while the evidence was being given ; saw Mrs. Shelvy at Wiseman's Creek about 4 o'clock when the horses came there ; heard Frank tell Ned to put the horses in the paddock, he also Said Mrs. Shelvey knew the mare and the best plan was to turn her out and she would go home in five minutes; am, not in the habit of visiting at that house, at Wiseman's Creek, know witness Whalan, not much, only to speak to ; can any the horse Ned Foley was riding was shod ; it was a black mare.
To the Crown Prosecutor : If Ned Foley said he met by appointment and saw me driving a mob of horses it is not true ; all the rest of his evidence is a matter of inven- tion, and he is just putting all the blame on my shoulders ; Whalan also is against me as about 6 months ago I had a row with one of his friends ; also had a quarrel with Morrell ; I did not ride a roan mare down to the place, and if all these witnesses say I did they are wrong and I am right; can't account for the roan mare having girth galls and bad back a few days after ; it was not after Mrs. Shalvey recognised the roan that we decided to let her go for fear of being caught ; it is not true that I rode along with Fabrian Foley that day nor did I stay at his father's that night; no one turned up to the dance : Foley was riding the black horse wjen I saw him first ; most of the evidence for the Crown regarding me is incorrect.
To Mr. Butterworth : On Thursday night I slept at home ; I slept at Frank Foley's on Friday night. (Witness proceeded to con- tradict statemnnts made by Pat Foley as to his movements about this time) did not go with Ned Foley to Hanrahan's that night to get tea, and after that take him to the old yard where the horses were ; the horses were not in the yard ; did not let them out of the yard and drive them away ; Ned Foley did not ask me if I was horse-dealing, and I did not tell him some belonged to me ; those who swore they saw us driving the horses that night have sworn flasely ; I did not leave him in charge of the horses while I went in search of some horses which had gone astray ; did not meet Whalan that morning, and did not speak to him ; Whalan is no relative of Foley's ; did not drive on to Wiseman's Creek and see prisoner Foley there ; Fabrian Foley and I went out for a drive in the afternoon and met the mob of homes coming up out of the creek ; Ned Foley was driving them, and when I asked him where he was going he tolk me to mind my own business ; I was not riding a roan mare at all that day ; I did not leave the post-office until Monday morning ; went to Donnelly's on Thursday and borrowed a crupper from Jack Hanrahan.
Edwin Michael Francis Foley, prisoner, was called by Mr. Butterworth, and deposed : I live at Golded Grove ; I have known prisoner Robinson for two years ; have never had any dealings with him ; on the Tuesday before the Friday I saw him at his uncle's ; met him at Foran's on the Thursday, within. 100 yards of the house; before this nothing had been said between us about horses ; we had dinner that day and I rode after- wards to John Foley's ; I had gone there after a horse ; Robinson was riding a mousy mare of his uncle's with a foal at foot; prisoner left me 100 yards from Foran's ; after dusk that night I went to Paddy Foran's and met Robison there; this is about two miles from his uncle's ; he came there after dark and asked if he could put the mare in the stable ; he slept, at the house and next day asked me to go with him to Dennis ; I told him I was going to a dance at Wiseman's Creek that evening and I asked him to go ; he said he would be down that way and he asked me what time I would go; the place was 15 or 18 miles away ; he asked me to meet him near Jim Bell's about 4 o'clock in the afternoon ; I left about 2 o'clock for John Foley's and then started to meet Robinson ; I rode to a culvert, but Robinson did not come until late in the evening ; I waited for two hours for him ; he was riding McMahon's roan mare ; did not know the mare then ; he had no other horses with him; he said he was very hungry and wanted to go to Hanrahan's for food ; he said he had horses in the yard and asked me to help him down with them; we rode to Hanrahan's and had supper ; before going there I suggested that he should leave the horses as it was late for us to go to the dance ; he said it would be all right, as after starting we could gallop along and get there by 10 o'clock ; we went to the yard and I found nine horses there ; we started the horses, but before doing so I asked Robinson if he was horse buying ; he said he was, that some were his and some were his uncle's ; after driving them for some distance and near Beaconsfield fence four horses got away ; at his request I stopped with the five while he went after the other four ; I waited there with them for several hours ; it must have 2 or 3 o'clock in the morning before he returned ; we then drove them towards Wiseman's Creek ; met no one during the night ; we drove on towards the reserve near Wiseman's Creek ; it was then day light and the sun was up ; we let the horses feed, lay down in the bush and slept for an hour; after driving them on again we met Whalan ; Robinson said he was hungry, and suggested to push on the horses ; we trotted them on and reached Fabrian Foley's about 9 o'clock ; we had breakfast there, and I stopped there till about 3 in the afternoon ; after breakfast Robinson went after the horses again and returned to dinner ; he asked me after dinner to help him catch a horse he wished to ride, and I did so ; he was then riding the roan mare, and when we caught the brown filly he turned the raun out with the others ; when he mounted the brown filly he turned the whole of the horses into the road and left them there; Frank Foley came down to the yard and was talking to Robinson about selling the mare ; later in the evening my uncle asked me whether I know anything about the mare ; I told him I thought it belonged to Robinson ; uncle then said to Robinson, :" it appears you cannot sell this mare ; it is claimed by Mrs. Shalvey ; if these horses are not yours, put them off my land at once ;" I said " Is that the case, Dick ?" hs said " No, I care for no one ; the horses are all my property ;" I then told him that if the horses wore not his to say so, as I would not be seen in his company if such was the case ; he again said the horses were his ; later on I again asked him if it was all right, and if it was not, to see and make things straight, as I did not wish to be mixed up with him in anything, as Mrs. Shalvey had identified the mare and seen me in his company ; Robinson replied, " You need not fear anything, Ned, old man, as the mare is square enough ;" we slept together that night, and next morning he asked me to get up and catch the brown filly which was running with my mare in uncle's pad- dock ; I got up, and after catching his filly I rode away a couple of miles to, look after a a foal ; on my return I met Robinson driv- ing the mob of horses, and he left them on the creek ; on our way back he asked me if there was any short road from there to Oberon, and when I told him there was he asked me t0 accompany him ; as I was going in that direction I agreed to go with him ; we had breakfast, and stayed in the house until dinner ; we then left together, and were overtaken by cousin Frank, who rode with us for abont a mile ; did not hear Robinson say to him, "You should not be with us ;" we rode on in the direction of Mayfield and found four of the horses ; we rode up to Hogan's and had tea ; after tea we started again with the horses and rode together as far as the Riding's where I left him ; I went towards the Homeward Bound and be was on the old Oberon Road ; the roan mare was then with the four horses Robinson was driv- ing; the constable's statement as to the con- versation with us is true ; when Robinson told me the horses were square I was satis- fied ; up to the time Mrs. Shalvey claimed the roan mare I had no idea the horse was stolen ; I know that he dealt in horses and I did not think they were stolen ; I had no interest whatever in those horses, nor deal- ings in them.
The Crown Prosecutor : You say that Robinson is a liar, and Robinson says you are a liar.
Mr. Butterworth : I object, for if is. vulgar to use such language.
The Crown Prosecutor ; I admit, it is vul- gar. I will be more polite. You say your story is true and his untrue?
Witness: Yes; I had no idea that Robin- son had given me away when he was arrested ;¶ did not know that the constable had given evidence two days before l went to the Police ; do not know that my people were in the court and heard this evidence l it was not because Robinson gave me away that I gave informa- tion to Fulton ; my uncle had invited me to the dance a fortnight before; that was the only thing that took me to Wiseman's Creek ; do not know the distance between Behan's and Wiseman's Creek, bub swear it is not 25 miles ; it was after half past 8 o'clock be- fore we left Behan's, and it would take us three hours at least to go there ; we started' with the intention of going to the dance ; that was my intention when we started but aftor a time I thought of business I had at Hotham's ; in going to Hotham's there was no occasion to go to Wiseman's Creek ; my reason for going on to Wiseman's Creek after I know it was too late for the dance was because I wanted to shoe my horse ; I got no gleep that night ; I did this to oblige a friend, and I would do it again ; we trotted the horses along until reaching the reserve, we then met Whalan.
To Mr. Thompson : I am not an intimate friend of Robinson's ; merely a friend ; I was working at George's Plains when I heard ot his arrest ; after this and before my arrest I was at several places ; was at Edward Robinson's and Wiseman's Greek ; was not there after I heard of Fulton's evidence ; I afterwards gave myself up to the police ; I was bailed out, and since then have been out to Wiseman's Creek to see a witness ; did not think it was strange to have these horses in a bush paddock ; did not ask him where he was driving them to ; it took me all my time to mind my own business ; do not know if my uncle Frank knew where he was taking the horses to, although he put them in his paddock.
To his Honor : There is a yard at Ted Robinson's, whose place was only two miles from the track paddock ; I did not think it strange they should not be at his uncle's ; it did not concern me where tbe horses were kept.
Archibald Stevenson, grazier, of Essington Park, Oboron, deposed that he had known the prisoner Foley since he was a boy, and he had always borne an excellent characted.
The court, at 10.25, adjourned until 9.15 this morning.

• Registration: Death, 1967, Penrith District, New South Wales, Australia. ³ 36967/1967
GREEN, JOSEPH AUGUSTUS
PHILIP
JANE
PENRITH

• Death Notice, 1967 Oct 5. ⁴ GREEN
Joseph Augustus
Death notice
04OCT1967
Death
87
late of Faulconbridge
Sydney Morning Herald
05OCT1967

Joseph married Mary Elizabeth Whalan [33607] [KPHG-XG7] [MRIN: 11986], daughter of John Campbell Whalan [33608] [K2WP-1ZG] and Selina Maria Bailey [33609] [K2W5-MBB], in 1909 in Oberon District, New South Wales, Australia. (Mary Elizabeth Whalan [33607] [KPHG-XG7] was born in 1883 in Lithgow District, New South Wales and died in 1971 in Blayney District, New South Wales, Australia.)

  Noted events in their marriage were:

• Registration: Marriage, 1909, Oberon District, New South Wales, Australia. ⁵ 12023/1909
GREEN, JOSEPH A
WHALAN, MARY E
OBERON