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Catherine Care

Catherine Care OLIVER HUTCHINS COLE 1815-1883
Photo provided by Kerri Painter
SA Court Case 1851 - Mrs Hutchins
The South Australian Register, Thursday 5 June 1851
Thursday 29th May
"The business of the Court did not commence until about 1 o'clock, and Mr Grant, Clerk of the Court, seemed to suffer much from the piercing wind blowing through this well-ventilated apology for a Courtroom.
His Worship said he had got wet by being out in the rain, and that therefore the cases for to-day must stand adjourned until to-morrow at 12 o'clock." ...

Mrs Hutchins again appeared on a remanded charge of illegal possession of a ring. Some rather unintelligible conversation arose between the female witnesses, Mr Fitzgerald, and His Worship, which resulted in Mr Fitzgerald's saying that he should like to examine Miss Nankervis.

Maria Nankervis, sworn, stated that the plaintiff in this case told her the ring was lost in washing, and that it was thrown out with the water in the washing-tub. She had never seen a ring of the description given by the plaintiff in the possession of the defendant. Mary Ann Harris, sworn, corroborated the evidence of the last witness as to the plaintiff and her mother having stated that the ring was thrown out with the water in the washing-tub.

Richard Grenfell, sworn, made some statements favourable to Mrs Hutchins; but as his evidence was only from hearsay, His Worship said it could not be admitted.
James Nankervis made some statements similar to the last witness.

Elizabeth Gladwin confirmed the evidence she had given on a previous occasion. She was examined by Mr Fitzgerald, but nothing material was elicited. His Worship (to witness's mother) - Be quiet, Mrs Thingame. I wish you would keep your tongue and hands quiet.

Mrs Deeble, sworn, stated that Miss Gladwin and herself were at a store in Aberdeen, where they met Mrs Hutchins, who put up her hand to feel some calico, when they both observed a very nice ring, with a bright red stone in it, on Mrs Hutchins's finger. Miss Gladwin blushed, and said to the witness at the time, "That is the ring I have lost." Witness advised her to ask for it, but Miss Gladwin declined doing so, saying that, as she was not friendly with Mrs Hutchins, she would get her father to go to Mrs Hutchins about it in the evening.

The father of the plaintiff substantiated the general tenor of his daughter's evidence, and swore that he saw the ring in question on Mrs Hutchins's finger, and she positively refused to take it off and let him see it. Cross-examined by Mr Fitzgerald - He never slapped Mrs Hutchins in the face. He never broke any windows, nor in any way ill-treated or abused her.
Police-constable Patteson was about to make some statement, when Mr Fitzgerald stopped him, and wished to know if he attended there as an advocate.

His Worship said he had heard quite enough in this case.
Mr Fitzgerald contended that the charge was not sufficiently sustained, the witnesses for the plaintiff being altogether a family affair.
His Worship decided that the charge was proved, and ordered that the defendant restore the ring to Miss Gladwin, or pay 20s for it, and 29s costs of Court.


If anyone can provide an account of the appearance the week before this case was heard in the Police Court at Kooringa, we would be more grateful. Mr Fitzgerald, the solicitor appearing for Mrs Hutchins, represented others on the day. Catherine would have been 35 yrs of age in 1851.

This newspaper report was provided by Kerri Painter, Hutchins/Paull descendant.

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John HUTCHENS m 1835 Catherine Care OLIVER

© Created : 28 January 2006
© Last Modified : 22 June 2009
Email : jburrell@ncable.net.au
URL : http://users.ncable.net.au/~jburrell/gen/hutchins/sa_reg.html