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Almost Got Life for Warby Escape

"Daniel Dugurd, a constable for the district of Bong Bong, stood indicted for permitting a prisoner named William Warby lo escape from his custody on the 18th Nov., 1835. It appeared that Warby had been delivered into his custody, under a warrant issued against him by Mr. W. Dutton, J. P., Yass, upon a charge of receiving stolen cattle. The constable having got intoxicated, the prisoner escaped from him. His Honor, in putting the case to the Jury, left it for them to say whether the constable had allowed Warby to escape through wilfulness or negligence. They found him guilty of allowing the escape through negligence :-Sentenced to pay a fine of 40s., and to be imprisoned for two years. The Judge, at the same time, intimated that, had the Jury found him guilty of wilfulness, he would have felt it his duty to have sentenced him to transportation for life." http://trove.nla.gov.au/ndp/del/article/2206078?

Benjamin Warby

"BENJAMIN WARBY. On Thursday last, Benjamin Warby was placed at the bar of the Supreme Court, charged with receiving a number of cattle knowing them to be stolen, the property of various individuals. This case has excited considerable attention. A brother of the prisoner was tried and convicted on the clearest testimony at the last Session of the Supreme Court, for cattle-stealing; it appeared on his trial that he had possesed himself of immense herds of cattle, (Bens brother William), in a very short time, but that his character had been so good, that; though all were surprised at the rapidity with which his herds increased, yet were they un willing to suspect him of resorting to, cattle stealing. Through the exertions of Henry O'Brien, Esq., J. P., of Yass, the immense extent of cattle-stealing carried on in that part of the country attracted public attention, and suspicion at last fell on Warby, for it was impossible in any other way to account for the rapidity with which he had amassed so much property in the course of a few years. A cattle-stealer who had long been suspected was at last detected, and to save himself from the punishment due to his crimes, he made disclosures to Mr. O'Brien, before whom he was brought for examination which led to the discovery of a system of cattle-stealing, so extensive in its operations, and so well organised in its various ramifications as almost to seem incredible. From the information thus received, it appeared that (William) Warby was deeply concerned in this trade, which he had managed to carry on for several years, with impunity. The apprehension of the fellow who made these disclosures, together with several others who had acted as agents in these, nefarious transactions; and the apprehension created by the active exertions of Mr. O'Brien, had struck terror to the hearts of the cattle-stealers in the neighbour- hood; and when a warrant was, issued for the apprehension of Warby, it was found that he had taken the alarm and had made his escape. It subsequently appeared that he had made his way to Campbelltown, where his parents reside, and in the neighbourhood of Benjamin Warby, the prisoner then before the Court also resides. Apprehensive that his conviction should follow in the event of his being tried, and his property confiscated to the use of the Crown, he resolved to make all he possessed over to his brother, that he might thus prevent it from falling into the hands of the Government; he came accom panied by his brother to Sydney, to consult Mr. Francis Stephen as to the best means of accom plishing their object. By Mr. S.'s direction a bill of sale was drawn out, and signed in the regular manner, disposing of all his stock, farming utensils, &c. to his brother, for and in considera tion of the sum of two thousand five hundred pounds, for which he agreed to accept bills, payable at various times from three months to three years. Having arranged matters thus they returned to Campbelltown, where William Warby was arrested on the warrant for his apprehension, which had been forwarded from Yass. Benjamin Warby was in attendance at the Court House at Yass on the examination before that Bench when his brother was committed, and was warned by Mr. O'Brien to take care how he meddled with his brother's cattle, which would, in the event of his conviction, become the property of the Crown. He replied, that the cattle were now his own, that he taken legal advice on the subject, and was perfectly safe. Mr. O'Brien told him that there were some more approvers expected who had not yet seen the cattle, and would probably be able to identify numbers in the flock; besides he told them the increase of those cattle which were stolen some years ago were still among them, and ought to remain open for the inspection of the public. (Ben)Warby said that he intended to take none but such as bore his brother's brand, and that there was a clause in the bill of sale securing him from the conse quences of taking such as might be stolen. A few days after, Mr. O'Brien hearing that (Ben) Warby was moving all the cattle from his brother's station and sending some to Sydney for sale, rode over to the station, accompanied by some friends, and warned him again of the consequences of persisting in the line of conduct he was pursuing; (Ben) Warby made a similar reply to his former one, and persisted in doing as he pleased with the cattle. Some of those cattle which (Ben) Warby forwarded to Sydney for the purpose of selling, were discoved to be stolen and claimed as the property of Messrs. Hill and Roberts. (Ben) Warby was brought up at the police, office and committed to take his trial for receiving stolen cattle. After a long trial, he was acquitted by the Jury, as it was evident that his intention was not to receive stolen property, but to defraud the Crown. He was remanded to take his trial for another offence, but subsequently the Attorney-General consented to his discharge on his own recognizance. The Attorney-General in consenting to (Ben) Warby's discharge said, that he understood that it was a regular custom when prisoners were committed to take their trial on charges likely to lead to their conviction and transportation, to purchase their property before the trial, in order to prevent its confiscation to the use of the Crown; and he signified his intention of prosecuting to the utmost stretch of his power, in all cases of this nature which came under his cognizance. The Warbys are both natives of the colony; their parents, who reside at Campbelltown, came originally prisoners of the Crown to the colony, but they have always maintained a respectable character; they have gathered together a considerable property. Their mother has given birth to no fewer than twenty-two children; all natives of the colony, and, until the present occurence, all have behaved themselves well. In addition to the two beforementioned, a charge of cattle- stealing is now it is said under investigation against a younger brother." http://trove.nla.gov.au/ndp/del/article/31718022?searchTerm=warby natives&searchLimits=

Whabys Creek

"Whaby's Creek Sturt's name for the Muttama Creek. Warby had squatted at its junction with the Murrumbidgee, a little north of Gundagai.

Sturt, Charles, Two expeditions into the interior of southern Australia, during the years 1828, 1829, 1830, and 1831 : with observations on the soil, climate, and general resources of the colony of New South Wales,2vols, London, 1833, vol.1, map.

Cumpston, J.H.L., Charles Sturt : His Life and Journeys of Exploration, Melbourne, 1951, p.32." http://www.let.osaka-u.ac.jp/seiyousi/Ghost-Gazetteer/maps/HP/NSW/tumut.htm

Whaby's Creek features also on several old maps such as some versions of the Arrowsmith maps.

Warby's Station

Where today's Mingay is in the previous district of Lachlan. From M.1.831 Surveyor Stapleton 1833, 'To Tumut River and Warby's station', State Records NSW. The Surveyor General's Maps and Plans.

Mrs William Warby

It seems that Mrs William Warby and two children went to VDL also on the 'Siren' to help William serve his 14 year sentence that lasted six years. Those two children may have been born at what later became to be named in 1838, 'Gundagai'. http://trove.nla.gov.au/ndp/del/article/4175752?

John Warby?

On the 1841 Robert Dixon map, (Map F, 892),there are three Warby names around the junction of the Tumut and Murrumbidgee Rivers. One of these three is for a Run on Adjinbilly Creek where that Creek runs in to the Tumut River. That Run is not at Darbalara or at Mingay. It is east of both Darbalara and Mingay. Dixons map was engraved from the information taken back to Sydney by the explorers and by the Surveyor General Major Mitchell, after his trip through the Gundagai area.

Why

Why does this 'Graeme Healy' dispute content such as Bewuck being the name for the Junction of the Tumut and Murrumbidgee Rivers? That is the local Aboriginal name for that area and its recorded in official documents, in content available online, but also by Miles Franklin the famous Australian author, but is also in recent Aboriginal language dictionaries given to me by a local Aboriginal Elder. Yet this 'Greame Healy' disputes the offical record, a famous author from the same area and Aboriginal people themselves. I also cited the Bewuck content. Placenames are a branch of archaeology. Giving the Aboriginal name for a landscape feature in Gundagai Shire that is cited and is correct should not invite angst from anyone especially in this post 'The Apology to Australian Aboriginal people' era. The other complaints made by 'Graeme Healy' are all as silly such as the entry for the Kimo bunyip etc. That is recorded in correspondence between the famous anthropologist Norman Tindale and by the boss of the Australian National University's History department and I cited it. If 'Graeme Healy' knows better than those two emminent, highly qualified and respected historians then that is sad. There is also a large and fierce bunyip near Bewuck cited by the same sources. The Darling R./Murrumbidgee R Junction would also have the same as it exhibits the same feature at high river flood time. I likely have access to content that 'Graeme Healy' has no access to some of which I have put here. That does not mean though if some people don't know or have no understanding of some ontologies and other things that all the world's information and skills not understood by them, should be denied.

Gary Vines the Coolac Massacre Publisher

It was Gary Vines the Coolac Masscare publisher in recent times. See: https://groups.google.com/forum/?fromgroups&hl=sr#!topic/ozarch/PBYs7TaotSM

I replied to that slanderous nonsense of Vines on the above URL via his talk page. If he encourages that person who asked him about the Coolac Massacre at OzArch he is encouraging that person to repeat lies that are easily shown to be wrong via the Coolac Archaeological survey documents of which I have copies so will be encouraging that OzArch poster to commit libel/slander of me. Gary Vines and that terrible "physiological" poster above, need to wake up to themselves. Johneen Jones (I am also J Jones believe it or not), - Gundagai.

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