Israel Shaw, Abraham Crabtree, John Sinclair, and John Marshall were charged with having stolen on the 30th May, one horse value £8, and two mares value £14. the property of Joseph Terry, residing at Westbury.
William Bates, resides with his uncle Joseph Terry, near Westbury. He recollected coming to Launceston in May last, with one horse and two mares. He arrived in town on Saturday, the 30th May last, between nine and ten o’clock in the morning; knows Israel Shaw, who at that time kept the Golden Fleece; when he came into town he passed Shaw’s house; on returning home in the evening with the mares and horse, which he had been unsuccessfully offering for sale during the day, Crabtree came out and asked if witness would sell the old horse; he said yes, I will sell the three. Crabtree told him to take them into the stable, and he would see if he could deal with him, the stabling would not cost him anything; witness then put them into Shaw’s stable; after they were put into the stable, they went into Shaw’s house; Shaw was standing at the bar, and Crabtree asked him for a private room.
Shaw showed them into a room on the right hand side of the passage; Marshall was in the room; Crabtree then made a bid of £20 for the three horses; witness told him the lowest he would take was £22; Crabtree said “I’ll give you £20, and if I don’t deal with you perhaps my friend there will,” pointing to Marshall, who went by the name of James Morris or Morrison; had seen Marshall before; Marshall offered him £21 for the horses; when he refused this, Marshall said, “he would give him £22 if he would stand glasses round.” Witness let him have them for that sum, and stood glasses round; the ale was brought by Mr. Shaw, and each drank his glass; Marshall pulled out £9; a person named Buckley came in. and shortly after a pack of cards was brought into the room; Sinclair and another man then came in; Buckley took up the cards, and asked them if they should like to see a trick practised at Port Phillip by the black gins; when Buckley was showing this trick round, Marshall authorised Crabtree to draw a cheque for the remainder, the £9 was then on the table; when Marshall returned with the pen and ink, Crabtree drew a cheque on the Commercial Bank for the remaining £13, and gave it to witness to look at, and he refused to take it; there was no date to it; it was drawn on the Commercial Bank, but the name to it was James Morrison; when witness refused to take the cheque, Marshall said he would get him the cash and left the room.
Buckley was showing tricks with the cards; he was showing the trick with the two Jacks; while Marshall was away, witness was writing a receipt for the payment, which was written when he returned; Buckley asked if they would like to sport upon this trick showed at Port Phillip, he would bet £10 or £20 that the two Jacks would come out together or would not; at this time Marshall gave Crabtree the money to give to witness; witness gave Marshall the receipt, and Crabtree was to give him the money; he would not give him the money, but said, “stop a bit, let us see the trick showed first;” Crabtree bet Buckley £10 that the Jacks would not come out together, and Marshall bet £5 the same way; Crabtree, Marshall, and Buckley, asked witness what he would bet; witness said he never gambled on cards, and he would not bet; they said he would be sure to win; witness said if he bet anything it should be 5s. in drink.
Crabtree said, “You’d better bet this money that I hold of your’n,” but witness said he would not; witness then asked Crabtree for the money, but he said let us see this trick finished; they dealt the cards out one by one until they came to the Jack of Spades, and then Buckley said “if the Jack of Clubs be the bottom card I’ve won £10 from Crabtree, £5 from Marshall, and 5s. worth of drink from you, (meaning witness);” Buckley requested Crabtree to lift the bottom card, he did so, and it was the Jack of Clubs; Crabtree gave Buckley the money that he had; he said that witness had lost the full value of the horses and five shilling’s worth of drink; Crabtree said here’s the money you have won from this gentleman; Buckley said he had won £10 from Marshall, and £5 from him, but he said that makes no difference, we shall see one another by-and-bye and we will settle.
Witness said, if you don’t give me the money I’ll have the horses. They said, you shall have neither for you have lost them fair. I Witness called for the five shillings-worth of drink he had lost, and Shaw fetched it in. Witness drank one glass and then went to the stable to get the horses. Marshall, Sinclair and Crabtree followed him out. Sinclair went in and took the saddle off the horse; Marshall stood at the door and said witness should not have the horses as Buckley had won them. Sinclair and Marshall pushed him out. Sinclair said the saddle and bridle was his, but if he took the horses they would prosecute him. They would not allow witness to go into the stable. He took the saddle and the bridle then and was going out. The gate was locked, and he had to go through the passage. It was open when he took his horses into the stable.
Whilst the tricks were going on he saw Shaw come in with the glasses. He came in three limes. Did not know Shaw was the landlord at that time. Paid the 5s. for liquor to him in the room. Saw the mares and the horse in the charge of the police at the Court House. When he got his saddle and bridle went home the next day and told his uncle how they had served him. Never had any portion of the money in his hand. There was only the £9 counted out. The horse and mares were the property of Joseph Therry. Never saw Buckley again. Shaw was in the room when the trick was showed, but not there when the money was paid. Slept at Mr. Pitcher’s house, the “Rising Sun;” did not tell him what had happened.
Lanceston Advertiser, 8 October 1846