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Note: HI86
Note: (Research):�i�From the South Australian Advertiser 7 April 1860 :
A rather curious affair happened on Wednesday last. Mr. F. B. Oldham had sold Dr. Schulzen's things on Tuesday, by auction, but the prices bid were not satisfactory, and, consequently, the Doctor stopped the sale. On the next day Mr. F. B. Oldham went to Dr. Schulzen's house, and rapped for admission. The Doctor opened the door, when Mr. Oldham asked him what he meant by the insult he (the Doctor) had thrown at him yesterday. The Doctor did not reply, but collared Mr. Oldham, and pushed him out of the house, then pulled him in again, and stabbed him under both eyes with a knife, upon which Mr. Oldham threw the Doctor down, and gave him a drubbing ; but when he found that blood was trickling down his face, he went to Mr. Greenwood's, to have the cuts dressed by Dr. Blood, who sewed up the wounds.
From the South Australian Advertiser 26 June 1860 :
SCHULZEN v. OLDHAM.
Mr. Hanson and Mr. Low for the plaintiff and Mr. Fenn and Mr. Higgins tor the defendant.
This was an action for a malicious prosecution by the defendant, an auctioneer at Kapunda, against the plaintiff, a medical practitioner of the same place.
The main features of this case have already appeared in the proceedings of the Kapunda Police Court, from which, it will be remembered that the defendant laid a charge against the plaintiff for stabbing him, and upon which he was locked up in the Police-station, for a felonious assault, and taken before the Magistrate, Mr. Browne, and by him committed, on bail, to the Local Court for an aggravated assault, but from what appeared today, by the evidence, the case went no further.
The claim of the defendant was for damages for being locked up on a charge of felony and the loss sustained by him thereby, in not being able to complete an arrangement entered into by him in taking the situation of surgeon on board the ship Verulam.
Mr. Lowe opened the pleadings.
Mr. Hanson shortly addressed the Jury on the facts of the case, and called the plaintiff.
William Schulzen, who stated that in April last he was residing in Kapunda, and was about making arrangements to join his wife, who had recently left for England, and entered into an agreement with Captain Angel, of the Verulam, for a free passage in consideration of acting as surgeon on board the ship. To facilitate his departure he instructed the defendant to sell his furniture. On the day the sale took place, the defendant's father and another Magistrate attended the sale. The defendant's father was there and purchased some lots. He, witness, then stopped the sale on account of the things selling so low. After the sale he and Mr. Oldham went to the Sir John Franklin and had a glass of wine together, and after he left a man accosted him in the public street, and asked him to deliver the things bought by Mr. Oldham's father. He told him he could not deliver the goods without an order, and refused to deliver them to him. He then went home, and Mr. Oldham came there and abused him for not delivering the goods. He said he would not let anything go without they were paid for, He, Mr. Oldham, then took the whole amount out of his pocket and gave it to him, which he took, and returned him his commission. Mr. Oldham afterwards, before he left the house, abused him and shook his whip in his face. On the next day, in the afternoon, while at the back of his premises, he heard a heavy knocking at the front door. He went there and opened it, and was struck at once by Mr. Oldham on the head with the butt end of a brass-handled riding-whip. He staggered back into the room, followed by Mr. Oldham to the middle of it, when he struck him again and knocked him down into the corner. He, witness, then sprung on his legs to seize the whip. Mr. Oldham was too high to enable him to seize it, and he was again knocked down. He, witness, then attacked Oldham, and a struggle took place, when he knocked him over a table on to a sofa, where he kept punishing him severely all the time. He, witness, being in fear of his life, seized a pair of scissors or a paper folding-knive, and gave him two or three blows with it while he was under him. He eventually got released from him, and went towards the Police-Office, and met a constable with another man. He then went with the constable to the station house, and asked to see Corporal Woodcock ; he was not then in, but when he came, he said to him, witness, that he should have to detain him, and told him he was detained as a prisoner. He asked the Corporal for his authority ; he said he had not got it then, but produced the warrant shortly afterwards. Oldham then came in and said to the Corporal that he charged him, witness, with stabbing him. About half-an-hour afterwards he asked to see the Special Magistrate to get bail, and was escorted to the Sir John Franklin public-house, where the Special Magistrate then was, but who refused bail, as the information was for a felonious assault. The next morning he was taken before Mr. Brown, the Magistrate, who committed him to the next Local Court. Dr. Blood was the magistrate who signed the warrant and attended and gave evidence against him. He was not able to complete his arrangements with the Verulam in consequence.
By Mr. Fenn - He might have said when the goods were demanded that he would not trust Mr. Oldham, his father, or any of the Oldhams. Would swear there was no knife in his hand when he heard the knocking. There were no knives in his house except in the kitchen. His surgical knives were in another room, and a six-barrelled revolver was unfortunately there also at the time. (Laughter.) He did not consider a six-barrelled revolver a dangerous weapon unless used in self-defence. He had often used the revolver, and he had been before a Magistrate before for an assault, and had been fined �5, because the charge was not proved against him. (Laughter.) Unless his head had been an unusually hard one the blow struck by the whip would have fractured his skull. There were none of the other blows that caused the blood to flow. When he struck up at the defendant he bad no idea that he wounded him. He was told so afterwards.
Lydia Shepherd, servant to the plaintiff, remembered Mr. Oldham coming into the house, and asking why the goods his father had bought were not delivered. She did not hear Dr. Schulzen use any abusive language, but Mr. Oldham threatened that he would have given the doctor a good horse whipping if he were not in his own house, and shook his fist in his face. On the following day she heard a violent knocking at the door, which the doctor opened. She saw him as he went to open the door. He had no knife in his hand. The instant the door was open, Mr. Oldham struck the doctor in the head with a brass riding whip, which made the blood flow. He followed him into the middle room. She tried to separate them, and, in doing so, the lash of Mr. Oldham's whip caught her in the eye. She went to the door for assistance, where a mob was then collected, but no one would interfere. On turning round, she saw Mr. Oldham strike the doctor again, and knock him over the table on to a sofa, where there were some women's sewing materials. They remained together on the sofa, till a person named Mullins came in and separated them. Could swear there was no knife or surgical instrument in the room at the time. The
witness here produced the scissors, a short stumpy pair, quite blunt at the points.
By Mr. Hanson - The scissors were in the same state as when the assault was committed. They had not been grounddown since.
J. Hart, a former barman at the Sir John Franklin - Heard Mr. Oldham threaten to horsewhip the Doctor, unless he retracted what he had said about his family. Afterwards Oldham came into the place, and invited two other persons to go and see him horsewhip the b---y little German Doctor.
Charles Pascoe was examined, and corroborated the evidence of the Doctor and the previous witness as to the nature of the assault.
John Cowie said he was called to the scene of the conflict by a person calling out that " Oldham was whipping the German doctor." When he got to the house the Doctor was down, and Mr. Oldham over him. He then saw him throw him over on to the sofa, and strike him three or four times afterwards with the buttend of the whip. He saw no instrument in the doctor's hands. Mr. Oldham was a giant in size compared to the doctor. There was blood on Mr. Oldham's face when he rose up.
George Bolus stated he lived next door but one to Doctor Schulzen ; on the day in question he saw Mr. Oldham pass his door with a horsewhip in his hand, and shortly afterwards Mrs. Shepherd came screaming out for assistance. He went to the house but saw nothing of the assault.
William O'Hara, Clerk to the Local Court, at Kapunda, produced the information signed by T. B. Oldham and Dr. Blood, a Magistrate. The witness stated that a warrant was issued on it, and handed over to the defendant to get signed by another Magistrate ; that also was signed by Dr. Blood. The case was heard the next morning, and the plaintiff committed for an aggravated assault and admitted to bail.
By Mr. Fenn - There were two informations ; the first one was for a felonious assault, which he, witness, drew himself from the statement made to him by Mr. Oldham. He drew it for a felonious assault, thinking that if there was any mistake the Magistrate would correct it. The defendant was at that time in custody. The depositions produced he took under the original felonious assault ; but when the depositions were completed Mr. Brown, the magistrate, filled up the head of them as for a malicious assault. After the evidence was read the Magistrate took a different view of the case than he (witness) did. Before the information was signed Dr. Schulzen was in custody.
Re-examined by Mr. Hanson - Shortly after the information was drawn up he saw the Doctor at the Police Station. Shortly before that Mr. Oldham rode up to him (witness) for the warrant.
By His Honor - He would not swear that he read over the information to Mr. Oldham. He stated the particulars to him (witness) of his going to Dr. Schulzen'a house, and who, he said, had stabbed him. He could not recollect what answer he made, but he led him to believe a felonious assault was committed.
Corporal Luke Woodcock remembered seeing Doctor Schulzen in the station on the 4th April. A few minutes after he began to talk to the doctor about something he had heard. Mr. F. Oldham came in, and, after abusing him about some remarks made about his family, Mr. Oldham gave him in charge for a felonious assault upon him, and requested him (witness) to make everything straight, as he should get a warrant for him afterwards. He was entered in the charge sheet for a felonious assault, which was signed by Mr. Oldham. He was never out of custody till taken belore the Magistrate the next morning.
By Mr. Fenn - Having previously heard that an assault had been committed he kept the doctor in custody.
The Chief Justice - Who did you receive your information from?
Witness - Either Mr. John Oldham or Mr. Small. He could not recollect exactly.
By Mr. Venn - The entry from the charge-sheet was made from the warrant.
This was the case for the plaintiff.
Mr. Fenn called no witnesses, as the defendant was unable to attend.
Mr. Hanson addressed the Jury on the evidence, as also did Mr. Fenn at some length ; after which, His Honor summed up, directing the Jury that, if they believed the evidence, the wound inflicted with the scissors by the plaintiff was in self defence.
The Jury retired for about half an hour, and returned a verdict of 100/ damages for the loss of the passage, and 50/ for the prosecution. Upon being questioned upon the verdict, the foreman said 150/. damages, but there being some doubt apparently amongst them, they again retired, and without any delay, returned a verdict for the plaintiff generally for 150/.
From The South Australian Advertisier 10 July 1875 :
DEATHS.
OLDHAM.-On the 21st May, at the Melbourne Hospital, William Carmichael, eldest son of William Oldham, Esq., archi- tect and surveyor, Kapunda, and brother ot Mr. F. B. Oldham, of the Government road party.
From The Advertiser 23 June 1886 :
The Kapunda Herlad of June 15 says - A case of sticking-up occurred on the main road between Kapunda and Truro on Sunday night. It appears that Mr F. B. Oldham, of Kapunda, who was accompanied by Miss Smith, a relative, was returning home from Truro, after conducting services in connection with the Salvation Army there. At about 10 o'clock, and when Mr Oldham had traversed about two miles of his journey, two men suddenly dashed out of some timbered county alongside the road. One seized the horse's head, whilst the other, who was armed with a huge stick broken from a tree, faced the travellers and demanded money. Mr. Oldham at first resisted, but was impeded by his companion who was greatly terrified, and clung to his arm. The robber used his weapon with great violence, striking Mr. Oldham heavily across the shouldcers, and eventually breaking it over the wheel as he attempted to repeat the blow. In the meantime, the driver had not ceased to urge his horse forward, the effect being that with the robber's accomplice holding the reins, the trap described a circle in the road, and this was repeated more than once. Eventually the wheels locked, and Mr Oldham, seeing that he was overpowered, thought disrection the better part of valor, and handed 8s over to his assailants as the amount of money on his person. The robbers then began to parley, and making the most of this diversion of their attention Mr. Oldham again attempted to push on, this time successfully. The man at the horse's head was dashed aside, narrowly escaping being knocked down and run over by the wheel. The amateur bushrangers - for the mode of procedure proved them to be amateurs - followed the trap, but Mr Oldham got clear away, and arrived home without further molestation.�/i�
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