Ben Warby Committed To Trial

20 February 1836 The Sydney Monitor

Thursday, Feb. l8th

Before Messrs Wilson and Wyndeyer - Benjamin Warby, was put to the bar charged with having in his possession two head of Cattle the property of Messrs O'Briens, at Yass Plains; the investigation was protracted to a considerable length, caused chiefly through the irregular mode in which it was conducted.

The facts themselves, (at least so far as the public was concerned) were simple and maybe briefly stated.

Prisoner had a brother named William Warby, who was tried during the present Criminal Sittings of the Supreme Court (particulars of which appeared in our last), for a system of Cattle stealing, which had been done in such a mode as to enable him to prevent detection until within a very recent period, when certain disclosures were made by parties who had been concerned with him in his nefarious practices which had led to his apprehension, and ultimate conviction.

It would appear that when William Warby felt his situation getting rather 'warm', and expected in consequence every moment that the police would pounce upon him, he disposed of the whole of his stock, crop, &c., to the prisoner.

There would appear to have been upwards of fifteen hundred and fifty head of cattle, included in the purchase, which was effected by the prisoner Benjamin Warby for the value of ?,500 he having a proviso inserted in the deed of sale, that if any of the said cattle should he subsequently claimed by other parties as having been stolen from them the prisoner was to have an allowance made by his brother William to such value as they might amount to.

A certain number of head of the Cattle in question had afterwards been sent down by Benjamin Warby as the present proprietor of the above mentioned stock, and were lodged in a paddock adjoining to Grose's Farm.

Amongst the herd there grazing, two head of Cattle were found, which were distinctly sworn to, as having (when calves the property of Messrs O'Briens, although they were now three years of age.

The Bench came to the conclusion that the prisoner must be fully committed to take his trial for the fraudulent possession but they agreed to take bail, prisoner in 200 and two sureties in the sum of 100 each.