Sydney Morning Herald (NSW : 1842 – 1954), Friday 24 February 1865, page 5
THE BURNING OF MR. MORRISS’S STORE AT BINDA.
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AIDING AND ABETTING BEN HALL’S GANG TO COMMIT ARSON.
(From the Goulburn Herald, February 22)
AT the Police Court, on Thursday, the 16th, and, by adjournment, on Monday, the 20th instant, before the Police Magistrate, Christina McKinnon, Ellen Monks, and Margaret Monks were charged with aiding and abetting in the commission of arson, on the 26th December last.
Mr. J. T. Gannon appeared for the prosecution, and asked that the Police Magistrate would request the reporters not to publish the evidence until it was concluded. Mr. Allman said he had no doubt the reporters would comply with the request. After a few prefatory remarks, Mr. Gannon called:
James Andrew Pye, detective constable, who deposed: I know the three prisoners, and apprehended them by virtue of three warrants; I arrested Margaret Monks at Vardy’s, on the Cooksvale Creek; I cautioned her, and she made no reply; I arrested the other two at Laggan; Ellen Monks said “all right,” and the other girl made no reply; I arrested them all on Monday; they said nothing to me in connection with the case; I was not present when Morriss’s place was burnt down, but I know where the place is situated; I know Hall’s public-house at Binda, and where Morriss’s store was; I have measured the distance from Hall’s to Morriss’s; it is 143 yards; that is by track; it is much nearer in a direct line; I picked up some melted glass and wire, all welded together in the room amongst the ashes at Morriss’s; Ellen Monks had a ring on when I arrested her; it has not been claimed by any one.
Edward Morriss stated: I have at present no occupation; I was a storekeeper at Binda on the 26th December last; the store was built of slabs and had a bark roof; there were store goods in it; I knew the three prisoners well before this, for the last eight or nine years; I was formerly in the police stationed at Binda, in the neighbourhood of which place the prisoners reside; one of the prisoners was servant to me for nearly a year, Ellen Monks; there was a ball at Binda at Hall’s public-house on the 26th December; I was taken there; I had not been to the house for some weeks before; about eight o’clock on the evening of the 26th I was walking in my paddock after tea and observed five people riding down the hill towards my place; three did not come to the place; I saw that two were females; the three who were mates branched off towards my fence, and I lost sight of them for a time; two females rode up towards the house; they were riding two bay horses; I observed them go into my house, and I still remained walking about the paddock; my wife was alone in the house; I was some twenty or thirty yards off; I went in and found Ellen Monks and Christian McKinnon; they were purchasing crinolines from my wife; we were laughing about crinolines when a tap came to the door; I went to it and six revolvers were pointed at me by three young men; there was a light in the house; each of the men said “bail up”; the girls heard what was said; I said “all right,” and the three came in; Hall at once said, after putting his revolver on one side, “how do you do, Miss McKinnon; how do you do, Miss Monks; “I said to Hall “I suppose you are Ben Hall?” and he replied, “I am that gentleman;” I knew Gilbert before; they asked me how much money I had in the house, and Hall then went and searched the house; they took nothing away except money, and I cannot tell whether that was taken then or subsequently; they said I and my wife must go with them to the ball; I remonstrated, and Hall said it should be at his expense; Hall said, “let your wife put on a clean dress;” Hall told me to lock up the place, and I did so; we then went down to the ball; the bushrangers marched the four of us— the two girls, my wife, and me — to the next door, Hadfield’s; Joseph Hadfield is his name; Hall asked me who lived there, and I informed him; he then told me to bring him out, and I did so; the whole five of us were then marched to Hall’s public-house; when we got there we found a housefull; the bushrangers drove us into the house, and bailed up every one; I then saw Hall searching a good deal about the house; he then said “gentlemen and ladies, I won’t hurt anyone here — fiddler, proceed;” the doors were all locked and the keys in the bushrangers’ pockets; all went right for some hours; the third prisoner, Margaret Monks, was in the room; Hall told me that he would not have brought me if he had not heard it was dangerous to leave me outside; about two o’clock in the morning I proposed to one or two to rush the bushrangers, as I observed they were drinking; about three o’clock, in consequence of my proposal, Hall and Gilbert came towards me, and said, “stand you ——, I’ll shoot you;” during the evening the girls were very intimate with the bushrangers, two of the girls, McKinnon and Ellen Monks; I saw Hall with his arm round Christina McKinnon, and pulling her clothes about; I saw Gilbert doing the same with Ellen Monks; they were kissing each other; at Hadfield’s door I heard Hall say, speaking of Ellen Monks and Christina McKinnon, “I have had the pleasure of escorting these young ladies to the ball;” when the bushrangers threatened to shoot me I got out of the window, and, although they fired several shots, I escaped; I tried to get the bushrangers’ horses, but could not manage it; I then went and lay down in the scrub about half-way between the public-house and my store; presently I saw the three bushrangers advancing towards my house, accompanied by the three prisoners; this was about five minutes after my escape; the three bushrangers were sitting on their horses; they were eight or nine yards from where I was lying when they passed; the girls were walking close to the bushrangers; I heard Hall say — and the girls could hear it — “I’ll make the ——’s place pay for it; I’ll burn his house to the ground;” one of the girls, Christina McKinnon, made answer, “Do it, Ben, it serves the —— right;” Ellen Monks, at the same time said, “do it, Ben, it serves him right;” the other girl, Margaret Monks, said, at the same time, “save poor Mrs. Morriss’s clothes;” Gilbert answered her and said, “The —— has got lots of money in the bank, let him buy her more;” the whole six then went to my house and broke into it; meantime I gradually shifted closer to the house, through the scrub; I was not more than a dozen yards away then; there were two very heavy logs there; I showed the place to constable Pye; by the time I got to the logs the bushrangers had broken open the house, and five had got into the house, Dunn remaining on his horse outside; the girls had nothing in their hands when they went up to the house with the bushrangers; almost immediately I saw one or two candles lighted in the house; the windows and door were open, and I could occasionally distinguish the girls and bushrangers; I heard laughing and breaking open of boxes, &c.; the girls were skylarking; I saw the three girls coming out of the house just as the place was blazing up; two of the girls had very large bundles; I could smell the kerosene burning at this time; the two girls with bundles were Christina McKinnon and Ellen Monks; they first came out with their saddles, which they had left there, having turned their horses out in my paddock, and they then went back and brought out the bundles; Peggy Monks came to young Dunn, who was sitting on horseback, and stopped with him; the other two bushrangers came out almost immediately after the girls; in consequence of the great light, I began to get away lest I should be seen; the two girls with the bundles went along the fence a short distance and they then went through it and into the scrub; Hall and Gilbert followed them; they remained up in the scrub, away out of my sight, for a quarter of an hour, and then all four came back together to Dunn; they had no bundles with them then; as Hall jumped on his horse he said “that’ll teach the —— not to interfere with us;” the remark was addressed to the other two bushrangers and to the girls; no reply was made; all three bushrangers rode away towards the public-house; two of the girls then lifted up their saddles and their skirts which had been left near the fence, and went the same road; my place was burnt down; I came into Goulburn to report it; when I came into Goulburn I mentioned the girl’s names; I applied to Mr. Oakes, a magistrate, for a warrant, and he told me he hadn’t time.
The three prisoners said, in reply to the Bench, that they had no questions to ask witness.
Joseph Hadfield deposed: I am a labouring man, and live at the Crookwell; I was poundkeeper at Binda in December last; I recollect the bushrangers being there on the 26th, and Morriss’s store being burned down; I lived about a dozen yards from Morriss’s; I recollect seeing Ellen Monks and McKinnon at Morriss’s store when the bushrangers took me there; the bushrangers took us all to Hall’s together; towards morning Ben Hall said something about burning down Morriss’s house; they then left; the prisoners afterwards left, saying they would go for their saddles; no one was allowed to go, the bushrangers saying they would shoot any one who left; I did not take notice of the third prisoner; I spoke to Ellen Monks at Morriss’s about the bushrangers; I asked her if those were her sweethearts; she said “yes,” or “yes to be sure;” I did not see by whom Morriss’s house was burned; I met prisoners coming down from there as I was going up; on Saturday following I found a pair of women’s elastic-side boots forty or fifty yards from where Morriss’s house stood, and close to the fence; I gave them to Mrs. Morriss; no one was present when I handed them to her, nor when I found them.
To the Bench: I was taken to Morriss’s house about nine o’clock, and there first saw the prisoners; I had been in Morriss’s about five minutes, when we all started off for the public-house; Mrs. Morriss was dressing herself, and we waited for her; previous to going to Hall the publican’s, Hall the bushranger did not say in my hearing that he had had the pleasure of escorting the young ladies; the bushrangers said publicly at Hall’s that they were going to burn Morriss’s house.
To Mr. Gannon: It was about half an hour from the time the girls left till I met them coming back; Morriss’ house is about a hundred yards from Hall’s; the girls were carrying something; I cannot say what.
To Mr. Walsh: I cannot swear that either of the girls except Ellen Monks had any bundle when I met them coming back from Morriss’; I cannot say whether it might have been a riding-habit; we were about six or seven hours detained at Morriss’; I saw Ellen Monks dancing; I did not drink nor dance, nor did Morriss; I did not feel at all alarmed; I am an old soldier, and have been in the police with Morriss.
Mary Morriss deposed: I am wife of Edward Morriss, of Binda; I have known prionsers about a couple of years; Ellen Monks once lived with me; my husband’s place was burned down on the morning of the 27th December; on the evening of the 26th I saw McKinnon and Ellen Monks at my place; they came about eight o’clock; they called for some crinolines; in about five minutes three men came in; I afterwards found out that they were Ben Hall, Gilbert, and Dunn; Hall went to where we kept the money, in a quart pot; we were then ordered to the public-house; Dunn went and called Hadfield out of his house, and we all went to the public-house; I cannot recollect whether Hadfield was taken to our house; while I was at the public-house I saw all three prisoners; I saw the bushrangers skylarking with McKinnon and Ellen Monks; Ben Hall was kissing Christina McKinnon, and Gilbert Ellen Monks; I heard Ben Hall say that he would burn down the —— dog’s house, that he was the only dog in Binda who would take them; this was said before everybody, and in the presence of the prisoners; this was said to Morriss; the bushrangers went outside, and I heard shots fired; I begged of Hall not to burn our place down; he said it was all very fine, that he would burn the place down, and that he would blow out my brains, or those of any one else that went outside, except the two girls; Hall and Dunn went outside; I asked Gilbert to spare my clothes; he said he would; the three prisoners left two or three minutes after the bushrangers; I saw the girls talking to the bushrangers; I did not see which way they went; I saw a bit of a twinkling light at my place, and afterwards saw it burning; I left the public-house, and met the girls coming down; I said, “Ellen, did they put out my clothes?” she said, “Yes ;” the girls and the bushrangers left my place together; Hadfield gave me a pair of boots; it was not many days after the fire; they were part of my husband’s goods.
To the Bench: My husband was not in the store when the bushrangers came up first; there was no tap at the door; they walked in; when the girls were coming from my place they had their saddles in their hands; I did not see that they had anything else.
To Mr. Walsh: When the bushrangers ordered us down to the publican’s I changed my skirt; I did not hear the bushrangers say that they thought it a great honour to escort so many young ladies to the ball; I saw no one but the bushrangers kiss anyone; I danced with Dunn; Dunn asked me to dance with him; I refused; he said I must; after I saw prisoners carrying the saddles I never saw them again until they were in the lock-up.
Margaret Monks was then discharged, and the other two prisoners were committed to take their trial at the assizes.
Mr. Walsh applied for bail. Looking at the evidence, it was by no means certain that there would be a conviction. The only evidence bearing on the particular charge was that of the alleged conversation while going from the public-house to Morriss’; and this was after the bushrangers had avowed their intention to burn down the place, so that it could not be said that the prisoners had incited them to the commission of the offence.
The Bench reserved its decision on this question till Wednesday.