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Nepean Times (Penrith, NSW : 1882 - 1962), Saturday 10 November 1906, page 4
PENRITH POLICE COURT
MONDAY.
Before Messrs F R Wilshire, P.M., and Messrs Noble and Irving, J's, P.
Athol Hollier and William McNeil were charged with, in company on the 27th Oct, assaulting John Gunnell.
Mr Walker appeared for the accused, who pleaded not guilty.
John Gunnell, sworn, stated: I am a farmer and reside at Lambridge; remember Saturday night, 27th October; I was in Penrith that night and left for home by myself at 11 o'clock; I was walking along the main street towards the Castlereagh Road; a volley of stones or some hard material was thrown at me when near the Castlereagh Road; one of the missiles struck me on the back of the neck; I saw four or five males standing at the corner of a building called Vine's dairy; this was from 35 to 40 yards from where I was; I said "Steady up, old fellow, I got hit". I heard one of them laugh; I looked round and saw Mr Nagell coming towards me; when he came up to me I said something to him and we got through the fence and ran after them; after running about 200 yards they got away; I was stopped by a wire, and Mr Nagell came back to me; we came back to the railway line and on to the road, where we met Mr Purcell; we came back and found accused Hollier lying down in a crop of wheat; I said "What are you doing there".
By Mr Walker: McNeil was not there.
Witness, continuing: Hollier, in reply, said " I've planted from my father;" I said "I've got my doubts about you; he said 'I wiII not pelt you, Mr Gunnell, with stones'; nothing had been said about stones that I am aware of up to that; I saw a man they call White; Mr Nagell and I left; there is no doubt about Hollier; where we found him was in the direction where we chased him, this was about 250 yards from where the stones were thrown; the hit hurt me; I made a complaint to the police on the following morning; can't say that I saw McNeil that night; saw Hollier in the presence of Sen-Sergeant Peterawald and Constable Pritchard; did not hear what was said.
By Mr Walker: I know Hollier and his father well; I was working, planting seed, for Mr Hollier; I had a conversation with Hollier's father; I said, 'I did not believe he would have thrown the stones if he had known who I was, he is a respectable boy'. I said to Hollier after I came out on the road, "I have great suspicion on the blackfellow '; I could not say who threw stones out of the crowd; I did not accuse Hollier of throwing stones; 'I said I had my doubts about him;' I had a suspicion that Hollier was in the gang.
By the Bench: I am certain there were four in the gang, if not five.
By the Sen-Sergeant: On the Sunday, Mr Hollier sen. said this sort of conduct had been going on before; Mr Hollier said 'You should have told me about my son throwing stones, and not go to the police '; I said 'I did not know at the time that he had thrown stones'; Mr Hollier did not say anything to me about giving evidence.
Julius Nagell, sworn, stated: I am a farmer, residing at Cranebrook; I know Mr John Gunnell; I was in Penrith on Saturday, 27th Ootober; I came into town about a quarter past nine, and left at a quarter to eleven; I saw Gunnell just ahead of me, and felt stones flying over my head; I was looking on the right side and saw four or five young men throwing stones;' Gunnell was then five or six yards ahead of me; I did not know it was Gunnell at first, but I called out and he came to me and said something, we went over the fence and chased them over corn and potatoes, and at the end of the paddock we lost them; I went to the signal box. Mr Gunnell joined me then, and young Willis came to me; I saw Mr Purcell in a vehicle with his wife and daughter; Mr Purcell went over the line and looked in the wheatfield, he called out, and from something he said we went up and found defendant Hollier in the wheat; Purcell said ' What did you throw stones for, and what are you doing here'? Hollier said 'I am hiding from my father; I said 'I saw your father about nine o'clock in town, he was going home'; Hollier further said 'I was not throwing stones, I was hiding here all the time'; there was no one else except the five could have thrown stones; one of the five throwing stones wore a white straw hat, he had a white straw hat when he was in the wheat.
By Mr Walker: I was about twice the length of this Court from Gunnell when I felt the stones thrown; there is a practice of boys to throw stones at the Chinaman, not at the same place; Mr Purcell said directly he went in to Hollier 'You were throwing stones'; Hollier denied it; have known Hollier since he went to school; I very often had to come out and stop him throwing stones over the fence when he was going to school; this was six or seven years ago; I know he makes a lot of trouble for his father; I didn't see McNeil that night; I didn't see Hollier throw stones.
William Charles Purcell, sworn, stated: I am a farmer and reside at Castlereagh; I was in Penrith on Saturday night, October 27; I was driving home with my wife, and saw Mr Gunnell and Mr Nagell at the railway crossing about 11 o'clock; I saw Hollier that night; I caught him in the green crop; he was about 60 or 70 yards off the road; there were three others, but they ran away; I saw Hollier stop; I know a man they call Darkie (White), he was on the road side, about 50yds from Hollier; Nagell and Gunnell came up after; I said ' What are you doing here?' he said ' I'll stop here as long as I like'; I said to Hollier ' What did you knock Mr Gunnell down for'? after that Gunnell and Nagell came up; Mr Gunnell said he had doubts about Hollier knocking him down with a stone.
By Mr Walker: I said to Hollier 'Are you the one who knocked Mr Gunnell down with a stone'? I did not hear Hollier deny it, nor did I hear him deny he threw stones; I never saw Hollier throw stones; did not see McNeil at all; I saw no stones thrown at all.
By the Sen-Sergeant: I saw three run away; I can't say McNeil was among the number.
William Ditton, sworn, stated: I am a laborer residing with my father at Penrith; I remember Saturday night week, I was in town with William McNeil, Athol Hollier, Bill White and Jim O'Brien; we were down the lower end of High-street; none of us threw stones; did not hear stones thrown on the roofs of houses; did not see Mr Gunnell that night; we did not run away from anyone that night; none of us were on the Main Western Road, not even Hollier; I signed a statement in the presence of my father and the sergeant last Sunday week; I don't know what it was for; the statement was not read over to me.
By Mr Walker: I cannot read.
By the Sen-Sergeant: The signature to the statement is mine.
The Sen-Sergeant then announced that, with the permission of the Bench, he would treat the witness as a hostile one.
Witness, continuing: I did not say I was with Bob, the Darkey, Joe Hollier, Billy McNeil, and Jim O'Brien; I don't remember what was said; I saw Sen-Sergeant Peterswald write, the statement; I said when I came home the pub was shut; I did not say I saw an old man, and Bob and Joe Hollier and Billy McNeil all pelted stones at him; I did not say that I remember Joe Hollier said "Come, let us pelt into these blokes"; I don't remember saying I said 'No, don't pelt at the man, I don't want to get into it.'
The Sen-Sergeant said he was going to produce evidence that he did say it.
Witness, continuing (in answer to Sen- Sergeant): Remember going with you and Constable Pritchard to Billy White's and you on Sunday to Hollier's place; don't remember a conversation between Athol Hollier, yourself, and others; don't remember Athol Hollier being asked about throwing stones; don't remember anything being said about a wheat field; don't remember you asking me any questions before Hollier; don't remember any questions being asked before Constable Pritchard and Mr Hollier; will not swear that in Hollier's presence on Sunday I said he was one that threw stones at Gunnell on Saturday night.
By Mr Walker: I was 19 on Tuesday; I was so excited on Sunday, I did not know what I was doing; I cannot read. I can only write my own name; the Sen-Sergeant wrote the statement and said 'Sign your name there'; I didn't know what was in the statement, it was not read over to me.
By the P.M.: I signed it without knowing what was in it; I won't swear the statement was read over to me, I'll say it.
By Mr Walker: I don't really know what happened on that Sunday; I did not see Hollier or McNeil throw any stones that night; I left them at the railway gates.
By the Sen-Sergeant: I was in town with Hollier and others last Saturday night; Hollier did not say in my presence, 'No matter what you told the police, tell them any lies you like, but do not contradict yourself in the box; I was that excited, I didn't know whether my father was present when the statement was taken down, or not.
William White, before being sworn, and in reply to the P.M. said, I can't read or write, and don't know what swearing is; I know what a lie is; know I'll be punished if I tell a lie; I never went to Sunday School, go to Church sometimes; I know it is wrong to tell a lie; I feel that there is a God; my father was white. I am a laborer, residing at Penrith; remember the night of last Saturday week with accused, William Ditton, Jim O'Brien and myself; I was not present in High-street; heard some stones on a roof and walked on towards the Castlereagh Road; two in front and three behind, McNeil and Hollier in front; we went along the Castlereagh Road to the railway line with O'Brien, W McNeil and Ditton; Hollier and I went down the road to get some pigeons; no stones were thrown at all; remember Mr Vine, jun, taking down a statement - that produced is the one; cannot say what I said; cannot remember what I told you; you came on me so sudden I cannot remember what I said; remember coming with you, Constable Pritchard and Ditton to Mr Hollier's last Sunday week, and there saw defendant Hollier; did not tell you, before all the others, that he was the one who threw stones; remember making a statement to Mr Vine; cannot say whether it was true or not, I was frightened; remember you speaking to me in the presence of Gunnell; don't think I told you that Hollier threw stones; I told you my life would be kicked out of me if I went against them; Constable Pritchard was with you; did not say 'You don't know the Castlereagh push'; don't think the stories I told Mr Vine and you are true; no one spoke to me about giving evidence in this case since you spoke to me; McNeil left us about 11 o'clock; none of the parties ran across the paddock; I know a young fellow named Willis; did not see him that night, he did not speak to me in the paddock.
By Mr Walker: I did not see McNeill and Hollier throw any stones while I was there that night; I was with them till we parted at the railway crossing; never ran across any paddock during that time; no stones were thrown; that was between half-past 9 and 11 o'clock; I was waiting on the road-way for Hollier's return from the wheat.
James O'Brien, sworn, stated: I am employed at J Hunter and Son's, High-street, Penrith; remember Saturday, 27th October, being in company with W McNeil, Hollier, White, and Ditton; was not present in the paddock off High-street when stones were thrown or bowled; did not see either of the accused throwing or bowling any stones; the signature to the statement produced is mine; don't know that I made a statement to you on 28th October; don't remember any part of the statement; (witness was treated as a hostile witness); know I'm here to swear the truth before God; neither Hollier, McNeil, Bob White, Ditton or myself threw or bowled stones that night; don't remember the statement being read over; don't remember making any statement; Mr Pritchard, asked me to sign, don't remember you reading it; no one has had a conversation with me about evidence in this case; no constable shifted me on Saturday night; was not present on Saturday night when Hollier spoke about giving evidence; never heard him say anything; Ditton, McNeil and I left Hollier and White at the railway gates; we walked along the line and across the paddock; did not see Mr Gunnell that night; did not run away from anybody that night; I got home about half-past 11 that night; my mother knew what time I came home; I told my father that the police asked me about being with others; I said I did not throw stones; I told my father I had made a statement, but did not tell him what was in it.
By Mr Walker: Never saw either accused throw any stones that night; I met them about half-past 10; had they thrown stones that night whilst I was with them I would have seen.
Sen-Sergeant Peterswald, sworn, stated: Mr John Gunnell made a complaint to me last Sunday night week, and together with Constable Pritchard we went and saw William White, who has already given evidence in this case; afterwards he and the three of us went together to Mr James Hollier's place, where defendant resides; I said to defendant 'Were you in Penrith last night'? he said 'Yes'; I said 'What time did you get home'; he said 'About half-past 10'; I said ' Who came home with you '?; he said 'I came home by myself'; I said 'Did you see Mr Gunnell last night in town'?; he said "No, I never saw him'; I said 'He never spoke to you, you never spoke to him'; he said 'No'; I said 'Did you see McNeil in town'; he said 'No'; I said to Gunnell 'Is this the lad you mean you saw last night'?; he said 'Yes'; Hollier said 'No, you have made a mistake; I said to Gunnell 'Have you made a mistake?'; he said 'No, I haven't made a mistake'; we then left, and at Penrith I saw McNeil in the presence of Constable Pritchard; I said 'Were you in town last night, McNeil?'; he said 'Yes'; I said 'Who were you with?'; he said 'Athol Hollier, the Darkey, Ditton, and O'Brien'; I said 'Who threw the stones'?; he said 'I didn't, but some of our crowd did, we ran away when the old man chased us'; I took a written statement from defendant McNeil, which I produce [the statement read was as follows: 'I was in company with O'Brien and others on the Castlereagh-road; I did not throw any stones, someone else did; the old man ran after us, and I ran away; it was after 10 p.m. when we left Laing's corner; the stones were thrown for a lark]; I afterwards saw Ditton, in the presence of his father; Ditton made a statement, which I reduced to writing and read over to Ditton, before his father; and he signed; I then took Ditton and White to Hollier's place, accompanied by Constable Pritchard, where I saw defendant Hollier, his father and brother; I said to defendant's father 'I have brought two witnesses to convince you your son was out last night'; I said to White and Ditton 'Is this the Hollier who threw the stones last night?'; they both said 'Yes'; I afterwards saw James O'Brien, and took a written statement from him, in the presence of McNeil, at the police office; that statement was reduced to writing and read over by me aloud and signed by O'Brien, in the presence of McNeil and myself; I said to O'Brien 'This is not what you told me before O'Brien - which is true?'; he said 'That's true'; O'Brien and McNeil were together outside the police office when I came to take the statement; O'Brien said, in the presence of McNeil, 'I was last night with Athol Hollier, William McNeil, William Ditton and Black Bob; I heard one stone fall on Jenkins' roof, I don't know who threw it; we were all bowling stones at one another in the paddock; we were all in the crop; we ran when the old man came after us.'
By Mr Irving: When O'Brien's statement was read over to him McNeil did not deny it.
By Mr Walker: McNeil said he did not throw any stones; Hollier said he did not throw any stones; I took McNeil's statement in the street; he signed his name whilst we were in the gutter in High-street after I read it over to him; I did not see White make a statement; I did not take his statement; I don't know that Vine took the statement; the statement of Ditton was taken in his father's house by myself; his father knows me well; I did not say, in the presence of Hollier's father, would have them up for murder; I said 'If the man had been struck in a vital spot and been killed there would have been a charge of murder'; I did not tell O'Brien to put on his coat and come up to the station; O'Brien came up on his own account to make a statement; he and McNeil were here when Pritchard and I arrived; I told him I would like him to make a statement; McNeil, Pritchard and myself were present when the statement was signed; to my knowledge there is something against Hollier; I know nothing against McNeil; I have only been here 12 months; Hollier gave evidence in the case against Hayes; it is not a fact that I have had any ill-feeling against Hollier since.
Constable Pritchard generally corroborated the evidence of Sen-Sergeant Peterswald.
Charley Young, sworn, stated: I am a market gardener residing at Penrith; someone last Saturday week threw stones on my house; not these boys - quiet boys,'
By Mr Walker; Not these boys threw stones; they ran up the town; boys go past my house every day - good boys.
Frank Vine, sworn, stated: I am a dairy man residing with my father at Penrith; the witness William White in this case is employed at our place; remember last Sunday week seeing the police and Ditton with White; I wrote a statement for White; it was given freely and voluntarily by him.
By Mr Walker: White cannot read or write; I never read the statement over to him.
Sen-Sergeant Peterswald and Mr Walker addressed the Bench.
For the defence,
Athol Hollier, sworn, stated: I am a carer for my father residing on the Castlereagh road; remember Saturday, October 27; Bob White, Jim O'Brien, Billy McNeill, Ditton and myself were in company that night; McNeil and I were in front; I was on my road home; kept on down High street and along Castlereagh-road to the railway gates; W McNeil, Jim O'Brien and Ditton left there, and went along the line back towards the town; White and I went down the Castlereagh-road; we went about 150 yards from the gate to Lowe's wheat field; White stopped outside while I went into the wheat for a certain purpose; was there a good while; Purcell came up first and said 'You were throwing stones at Mr Gunnell'; I said I was not; Mr Gunnell and my brother came in then; I was standing up; Gunnell said 'I have great suspicion on you and the black fellow for doing it.'; I denied it again; Nagell never came through the fence to me, only Purcell and Gunnell; when I went out on the road Whlte was still waiting for me; Mr Gunnell again said he had great suspicion on me for throwing stones; White went on with me; I did not see Gunnell that night until I saw him in the wheat field; I did not throw stones or hear
any thrown that night; There is a Chinaman's house near, and people secret themselves and throw stones on the Chinaman's house; neither McNeil or I threw any stones that night, nor did I see any others throw stones; we never got off the main road until I went into the wheat field; Sen-Sergeant Peterswald saw me on Sunday morning, in the presence of my father, mother, and two brothers; he said White told him all about me, that I threw stones with the intention of hitting Mr Gunnell; I told him I did not throw any stones; I said to Gunnell 'Do you think I would throw stones at you?'; he said No, he would not believe it, and repeated that several times.
By the Sen-Sergeant: I told you I saw McNeil in town Saturday night; my brother Les came into the wheat field, he was present next morning when you came to the house; I did not say to Mr Gunnell 'You've made a mistake, it wasn't me'; I don't remember telling you I walked home by myself (Witness White was ordered out of Court); don't know how long I've known White, was with him on that Saturday night; don't know what arrangements were made about the pidgeons; he intended going with me before we left town; remember Ditton and White coming down on Sunday with you; I can't remember them saying I threw the stones, don't know that I denied it; McNeil was with me on Saturday night, he left me at the gate, this is 150 yards from the wheat field; I was not lying down in the wheat field, and those who swore so are telling lies; all that I have said is true; I saw you on Saturday night at Mills', about 9 o'clock, I did not see you afterwards; have had no conversation with any of the witnesses about the case; was in town last Saturday, and was speaking to McNeil and others; the police did not tell us to move on; nothing was said about what the witnesses were to say; did not throw any stones, heard no stones fall on any roof; the wheat field is about a quarter of a mile from our house; it was a clear moonlight night; deny saying that I was hiding from my father, don't remember saying that; don't remember telling you I was in bed at 10.30, don't remember either of my brothers saying I was in bed when they came home.
William McNeil, sworn, stated: I am a laborer residing in Jane-street, Penrith; was with Hollier, Ditton, O'Brien and White on Saturday night, 27th October; I met them about 10.30 at Laing's corner; Hollier and I walked in front and the others just behind; we walked down High-street to Castlereagh road and turned round at crossing; Ditton, O'Brien and I went along the railway line home; I never saw Gunnell that night at all; I threw no stones, nor did I see any of the others throw stones; never heard anything said about stones; there is a Chinaman's house within 30 or 40 yards of High-Street; don't know that boys throw stones on the Chinaman's house; was having a drink with another at Coombs' when Pritchard called me out; I told them I never threw stones, nor did I throw any; don't remember telling the sergeant what is in the statement; there was no one ran away; Hollier and White went down the Castlereagh-road; was before the Court five or six years ago, charged with riotous behaviour, and was fined five shillings.
By the Sen-Sergeant: You have never done me an injury; was that excited I don't remember what you wrote; I can't remember what I said; never saw anyone throw stones; the signature to the statement is mine; the statement is false; you said to 'Call up at my office'; I saw O'Brien coming up; we waited at the office for an hour; the statement you gave to-day is the statement made by O'Brien to you; I don't remember you asking about bowling stones; I did not hear you ask him which statement was true; I don't remember saying anything.
James Hollier, sworn, stated: I am a dairy farmer, residing on Castlereagh-road, near Penrith; I am the father of accused Hollier; when the Sen-Sergeant came to my place he said 'Where is Jim Hollier?' I said 'Yes, that is me'; he then asked for Joe, that is a name my son goes by; I sent for Athol, my son; my son denied the statements, and said he did not throw stones; when the Sergeant came the second time with Ditton and White, he said to my son " Did you throw stones? you had better let me know everything, I'll have you up for attempt to murder'; I said 'What nonsense'; he said 'Yes, I could'; after further conversation the Sergeant said 'Put on your coat and come with me; my son did not put on his coat and the Sergeant said 'Well, I'll summons you'; my son never gives me any trouble, he never goes out at night without my permission, he is a good boy; what Mr Nagell says is not correct.
By the Sen-Sergeant: You said 'I'll have you up for attempted murder; I am not aware that at that time you had seen Ditton; I did not tell you my boy gave me trouble; I told you I thought he was home at 10.30.
Sen-Sergeant Peterswald, recalled: Have heard the last witness give his evidence; I did not say that I would arrest his son for attempted murder; I had not been to Ditton's when I went to Hollier's; I did not say to Hollier I had a statement from Ditton.
Mr Walker and Sen-Sergt Peterswald addressed the Bench at length.
Mr Walker then referred to the constitution of the Bench, and asked if any of the witnesses were working for anyone on the Bench.
Mr Irving said he was the only one Mr Walker could mean. It was a direct insult, but he intended to adjudicate.
John Gunnell, recalled, sworn, stated: Defendant Hollier, when I came up to him, was lying fully dressed; I said 'Hollier, I've got my doubts about you'; he said he was planting from his father; have heard of stone throwing, but have not previously been hit.
William Purcell also gave additional evidence to the effect that defendant Hollier was lying down, fully dressed, when he went up to him.
The Bench retired for a few minutes, and after referring to the evidence found both parties guilty, and fined each p3, with costs of court 6s 9d, three witnesses at 5s each.
Mr Walker asked for 14 days in which to pay, and gave notice of appeal. Time was allowed, Mr James Hollier being surety for payment.
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Nepean Times (Penrith, NSW : 1882 - 1962), Saturday 22 March 1913, page 3
John Gunnell.
Another of our old residents - Mr. John Gunnell - departed this life on Monday last, at the ripe age of 76 years. Deceased had been ailing for about four years, but until recently was to be seen about town, chatting with his many friends.
The subject of this article was born in Ireland, and came out to New South Wales (with his parents, the late Mr and Mrs John Gunnell) when some three months old. They went at once to Castlereagh - his mother dying when he was eight years of age, and his father over 25 years ago.
When 27 years of age Mr John Gunnell, now referred to, married Miss Mary Stapleton (eldest daughter of the late Mr Richard Stapleton, of Frogmore, and sister to Mrs T Rigney, of Penrith, and Mrs M Gilligan, "Carthona," Emu Plains) - the ceremony being performed at St Nicholas' Church, Penrith, by the late Father Dunne. The young couple first resided at Regentville for three years, and then returned to Castlereagh and Lambridge, where Mrs Gunnell died in 1898. Mr Gunnell came to Penrith to reside nearly two years ago.
There were four children of the marriage. One son died 14 years ago. The three daughters are - Mrs John Stapleton (of Mudgee) and Misses Bridget and Mary (living with their father at time of death). There are also eight grandchildren.
The late Mr Gunnell always took a great interest in different kinds of sport. In his young days he was a good footrunner and cricketer; as well as a first-class pigeon shot. In connection with the latter, it will be of interest to mention that at a series of matches, shot off at Penrith, on the ground at the rear of where Mr W H A Pye now resides, Mr Gunnell and Mr T R Smith divided in the first match - with three birds each. In the second match (the prize for which was 50 per cent of the sweepstake money and a silver cup, valued at p12 12s, presented by the late Mr F J Weston, of Horsley) Mr Gunnell and Mr T Houghton tied for first and second place (with eight birds each), Mr W Charker, of St. Marys, being third (with seven birds). In shooting off Mr Gunnell won first prize. The cup is still in the possession of the family at Penrith.
The funeral took place on Wednesday afternoon, the cortege leaving the house, in High Street, at 2 o'clock, for Cranebrook Cemetery, Rev Father Barlow performed the burial service, and Mrs John Price and Son had charge of the funeral arrangements.
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