Constable Ridout deposed: I am a constable of police, stationed at Tarrara. On the 7th instant about 2 o’clock in the morning, I received some information from Mr. Bownds, in consequence of which I went to his (Bownds’) house, and joining constable Turnbull went in search of prisoner. We met the prisoner Lannighan, on the morning of the 8th. He was riding one horse and leading another. He said “I wanted to see some of you fellows.” He then told us that he had been stuck up and robbed on the Saturday afternoon. He said he was going home when a man stuck him up and robbed him of about, £22 in bank notes and £1 in silver. He said the robber was on foot, and he was on horseback and leading another horse. The robber then tied his hands behind him, took him into the bush, and after taking his watch and chain, got on his (Lannighan’s) horse and rode away. He was unable to get loose until 10 o’clock on Sunday morning, when he managed to break the cord which bound him, and walked home with his hands tied behind him. He further said the robber was armed with two double-barrelled pistols, and wore a dirty calico cover over his face, with holes cut for his eyes. He was too exhausted to leave his house in order to give information to the police. I then asked Lannighan to show me the tree where the robber had tied him up. He showed me a tree near the road, which he said was the one where the robber had stuck him up. He then went a little further into the bush, and showed me a tree where he said he had been tied. I remarked to him that there were no marks on the tree of a cord such as there would be if a person had been tied up to it for any length of time. He then seemed confused, and we walked away a little examining the other trees, but watching his movements
Presently we saw him working the bark off a sapling with his thumb, and trampling the earth at the base. We then went up to him, and he said that that was the tree, and pointed to the mark he had made on it. Constable Turnbull then told him we had seen him making the marks pointed out a few minutes before. We then arrested him on suspicion of having robbed Mr. Bownds, and took him to the Ten-mile Creek lock-up. I previously asked him if he wore a puggaree when he was robbed, and he replied that he never wore one. I showed him the puggaree produced after his arrest, which was given to me by Mr. Bownds, and he said he believed it was his, and that the robber must have taken it from him when he stuck him up, I was also present when the prisoner Pentland was arrested at Cookardinia on the 10th instant. I did not hear what answer he made to the charge of robbing Mr. Bownds. He said he had not seen Lannighan since Lunt’s Billabong races, a month ago. Pentland was then put in the lock-up with Lannighan at Ten-mile Creek, and I overheard part of their conversation while in the cell. Pentland said, ” Lannighan, this is a nice b—-y mess we’ve got ourselves into.” Lannighan said, ” Well, it cannot be helped.” One of the prisoners then said ” hush,” and Pentland said, ” I can get witnesses to prove I was at home on that night.” Lannighan said, “It’s no b—-y use, we’re in for it, and we’ll have to suffer it.” Some other conversation ensued, but it was rather indistinct. I fancied Pentland said, “That b—-y puggaree that you left behind sold us,” or words to that effect. I don’t know that I ever saw the two prisoners in company before. I produce a waistcoat and shirt which Lannighan was wearing when arrested, and which Bownds has identified as his property. Cross-examined : I saw Constable Covenay this morning, but said nothing to him about the case. The lock-up at Ten-Mile is built of slabs, and a slab partition runs between the room where I and Covenay were in and the lock-up. I heard all the conversation that took place, and can swear positively to the words used. I took the conversation down in my note-book afterwards.
Constable Covenay gave corroborative evidence. With regard to the robbery itself, John Bownds deposed : I keep a store at Three-mile Creek on the Sydney road. The night of the 6th January, between half-past ten and eleven o’clock, a man came to my house with two pistols in his hand. His face was covered with a piece of calico, with holes cut in it for his eyes and nose. He presented the pistols first at my wife and then at me, through the window, and said ” your money or your life.” I went to the door and he told me to go inside ; he followed me and again demanded money, and I gave him a purse containing 29s. He then said “you have more,” and I replied that I had not, as I had sent it all to the bank the day before. I believe prisoner Lannighan is the man. I judge from his general appearance and his hair and voice. I saw Lannighan on Tuesday before this, the 2nd January. He called at my store and purchased a cotton shirt and some other goods. I asked him to stop all night, as I have known him for some time. He stayed, and left in the morning. After I told Lannighan about sending the money to the bank, he said I must give him a cheque, I said I would, I but it would be no use to him, as I could stop it atthe bank. He told me to tie my wife’s hands, which I did, and also the little girls. After I had tied my wife’s hands he took a puggaree from his pocket, and tied them again with it. I then drew a cheque for £22 on the Commercial Bank, Albury, and gave it him. After that he said, “I must secure you,’ and tied my hands with a throat strap, and made me go into the room where my wife was. He then went into the bedroom, and brought out the box I generally keep the cash in ; there was no money in the box. He next blindfolded all three of us with towels. He then returned to the bedroom, stayed there about half an hour, and went into the store for about the same period. He went away shortly afterwards. When he went out I heard other footsteps walking away besides his ; and while he was in the house I heard noises outside as if other persons were there. I missed a shirt, trousers, and vest, and other goods from the store. Next day I saw the tracks of two persons outside in the sand. Subsequently I examined the foot marks of Pentland behind the police barracks at Germantown, and they resembled one of the tracks I found in my paddock. The clothes produced are the ones I lost out of my store.