HORNERY/HONNERY FAMILY
This page contains information on our Rascal Relatives.
I will start with our Convict Ancestors and branch out from there.
Information will be brief for space reasons, Email Me if you wish to know more or if you have any information to add.
Son of Peter and Martha
Son of John Honory Snr
CATTLE STEALING
John Honory, John Honory Junr, Edward Conlen and John Conlen were indicted for frloniously stealing one bull, one cow, one ox, one heifer and one calf, the goods and chattels of Joseph Melrick, at Howe's Valley, on the 22nd June.
The witnesses called were Edward Melrick, Richard Keating, Joseph Melrick, William Wells and Henry Jackson.
The prisoners had cattle and land in the vicinity; and the cattle of both parties, and of other neighbours also, used to feed over a common run, of which two of the prisoners had purchased a portion.
The steer in question was rather wild when young, and was kept in Melrick's yard for a fortnight or three weeks; but afterwards had been running about five or six miles from his place in the opposite direction from the prisoner's place. The mother of the steer belonged to Melrick's brother John.
On the day named in the indictment, Edward Melrick (Joseph's son) with two others named Wells and Taggart, were looking for a horse at Raspberry Creek, about fifteen miles from Melrick's and there was a stockyard there which was used by the neighbours generally. As the party were approaching it they heard a report of a gun, and shortly afterwards met John Conlen riding from the direction the report sounded. He, however, galloped back in that direction and they followed him and found the two Honory's and Edward Conlen skinning a beast in which act John Conlen also assisted on his arrival. Melrick did not pay much attention to the beast, but Wells observed that the beast had a white spot over the right eye. Some other cattle were about the place, and amongst them a yellow and white cow which was bellowing so as to attract notice. These cattle were driven by John Conlen to the stockyard, and young Melrick who helped him in doing so, told him there was a cow of his uncle's amongst them, and there ought to be a steer of hers somewhere about. John Conlen said he had picked her up on the road. Young Melrick and his party camped near there that night and the elder Honory bought them some of the beef. During the night Melrick heard his uncle's cow (which was the mother of the steer in question) bellowing; and she continued doing so the next morning (Sunday). On that morning the Honory's and John Conlen came to the camp and asked Melrick what he should do with his uncle's cow. He told him to take her home; and they went away, as if they started for home. After this Melrick and Taggart went to the place where the beast had been skinned, and there found the remainder of the carcase. The head was still on it, and, by it's colour, by the white spot over the right eye (for the head was not skinned) and the shape of the horns, it was recognised as the steer in question. The ear (one of which had been split) had been cut off. An hour or two afterwards Melrick went there with Wells; but the head and neck had in the meanwhile been cut off and removed.
On the following Tuesday, Melrick searched for the head, and found it in a hole amongst some rocks about a quarter of a mile away. He took off the skin, which, being produced in Court, was identified by witnesses as that of the steer in question.
The two Honory's and Edward Conlen were apprehended in Howe's Valley, and that John Honory, on hearing the charge, said that it was his own beast, and was branded with the stirrup iron brand.
Edward Conlen said that it was Honory's beast he had helped to kill, and that it was branded with the stirrup iron brand.
John Conlen, when apprehended said he was not present at the killing.
From the evidence of Joseph Melrick and Jackson, it appeared that the steer was branded with Melrick's brand (not the stirrup iron). A question put to Joseph Melrick as to his past character was disallowed by the Chairman as not relevant to the question at issue.
For the defence, the following witnesses were called:- Edward Honory, Robert Watts, William Parker, William Mitchell, Robert Tilling, Abel Cobcroft, Charles Atkinson and Constable Keating.
Edward Honory stated that he and his father and brother were out on the day in question gathering cattle when one beat, a steer, rising two years old, branded WP with two stirrup irons, and belonging to his father, fell off some rocks and hurt its loins. They drove it as far as they could towards the stockyard until it began to charge them. His brother John then shot the steer and it was skinned. This was the occasion on which young Melrick and the others were present. On the following morning the carcase was lying as it was left when skinned. The skin was taken home and sold to John (*) Lemrock (*) of the Currajong from whom it had since been obtained. It was produced in court, and was identified by William Parker by the brand as the hide of a steer he had given to John Honory, to whom he gave all his steers for the privilege of running his cattle on his land. As to the skin of the head produced, Edward Honory believed that it was not the skin of the steer his brother had killed, for that beast had a larger star on the forehead.
It appeared that Melrick had an old grudge against the Conlens, Conlen having told Tilling that Melrick had branded a beast in his (Tilling's) charge. On two occasions he had been heard by Tilling to say that he would have the Conlens out of that; besides which Watts had heard him say he would lag Honory or his son and put the Conlens out of that, or if he did not do it, he would get someone who would. Parker and Mitchell also had heard him say that he would lag Jack Honory or any of his breed, if it were possible. Melrick had, when cross examined, positively denied having said such things.
Tilling, it appeared, had seen Honory bring home the hide now produced one Sunday evening.
From the evidence of other witnesses it appeared that Melrick had borne not a very good character, but was reputed to be a "rare old schemer". The Conlens had borne a good character for honesty. Keating said he would not believe Tilling on his oath.
Mr Windeyer addresed the jury for the defence, maintaining that the evidence as to identity, resting as it did upon a simple white spot in the skin of a head, was wholly insufficient; that all the probability of the case were against the supposition of the prisoner's guilt; and that taking into consideration the ................ on the part of Melrick against the prisoners and the evidence as to his and their character - the statement made by Edward Honory was much more worthy of credit than that of young Melrick, on which alone the alleged cutting off of the ears and hiding of the head depended.
The Crown Prosecuter replied upon the questions of identity and credibility, and upon the other points of the case.
.................................. and then returned a verdict of guilty against the two Honorys and Edward Conlen but recommended them to mercy on the grounds of character. John Conlen was acquitted. John Conlen was discharged. The other prisoners were remanded for sentence
(Before W. A. Puretoy, Esq, Chairman)
Thursday, August 8
SENTENCE
John Honory, John Honory, Jun. and Edward Conlen convicted of cattle stealing on Wednesday were brought up for sentence. John Honory and Edward Conlen were sentenced to be imprisoned in Darlinghurst Gaol for three years. John Honory, Jun. being the son of the other prisoner was sentenced to imprisonment in Darlinghurst with hard labour for two years.
Punctuation and spelling has been recorded as it was.
(*) - Unsure of this word
............. words unable to be decifered
John Honory (Prisoner Number 1626), John Honory (Prisoner Number 1627), Jun. and Edward Conlen were all released from Darlinghurst Gaol on the 28th August 1862. They all served just over one year in prison.
Sourced from the Darlinghurst Gaol Discharge Books, October 1856 - 13th July 1914, held at the State Archives, Kingswood.
Charles Taggart's sister Anne married William Wells and they settled in Denman. William and Ann Wells are both buried in Denman Cemetery, she in the Catholic Portion and he in the Anglican.
The surname Melrick should be Merrick. The Merrick family settled in the Howes Valley and Wollombi, with some of them also settling in Singleton and Jerry's Plains. Edward Merrick settled in Giant's Creek by the 1870's, his wife was a McKenzie from the Hawkesbury area and was for a time the Sewing Teacher at the Giant's Creek School.
The Jackson Family are connected to the Merrick Family by marriage.
Email me!