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LAMB AND DYBALL GUILTY,.
CONCERNING FURNER
RECOMMENDATION TO MERCY
TWYFORD NOT GUILTY ON ALL CHARGES
TWO ACCUSED BOUND OVER
Special to the "Evening Penny Post"
SYDNEY, Wednesday.
The jury retired at 12.5 to consider the verdict in the'
Goulburn railway dockets case, after a summing-up by his
: Honour, Judge Thomson, which lasted a little over an hour.
S Lamb and Dyball were found guilty in regard to
. the charge concerning Furner and each was bound over
: by the Judge in a bond of £50 with a similar surety, to
' be of good behaviour for five years. Twyford was
S found not guilty on all charges.
The jury made a recommendation for mercy in re
gard to Lamb and Dyball on account of their previous
'good character.
When the Judge concluded, Mr: Shand, on behalf of Twyford, .
referred to.ceitain aspects of his remarks, prompting his Honour
. to retort to the jury, "This 13 like running a small tooth-comb::..::;
through my summing up, 'gentle men." . -: ,:)'
Mr. Shand objectedl andtl sa:d lit
was very important.
',The judgpe replied, that the case hllad
takenl eigh days' and he 1had[ come to
the ,:end of. lhis siimmllig':up. :o ' hen
several small poilts weret refeiredi: to.
: As I" s sxyl" siid His. Hononu, ."thlis
Is .lik:run ing1 a ig a sniaHl ?tootlh-ccmb
thliough it.'
:.Mrt Slialidl 'mid lie .vias -very s'or'y,
but- he was ptutting :: tlie matter a- s
faiy s lhe c'ild.
Sliowing: tilhe: contestitoli by M--Ri;
Shdiii ;1 Judge i:Tnosbimso ' declilted: to
iaik"e : ny: fuItile? -dliection. to- tile
jillty :iegaiding his I:efeieileces lto
Wihethier 'tlie' jury believed' Lamb - aitld
Dyball: had done :ani.ytlitig ciileulatedl
to cleflalid,; of wilichi Twmyfoldd (1,i1ghl
hi?ve.:hid knowliedge.: ''
JUDGE'S SUMMING UP
" Duitllg tlie couil's~e ot hlsls sinmming
up; .the Judge'mniaderieeferee .totllo e
evidetice of Constalble M:: dBoilel;' wi?,io
'said :th'iat Twyford liad sit tated to him
thait' hd knew v tlie::kjets eivetre forg
eries :two' moniths. before.· If so; he
kniew tlhia it n:.Febr tiary: wilheeas ,ewys
ford's stateiiient;:: ini evideitce,, ' was
tha?i lle ki'ew tlhe :dockiets wete foie g
erleis abodtt tlhe .niidldo'bi f April. 'l'he'
jilt aliid to itse its own" coimon
setieifi and.s's if that inas n kepilara
tion: flint agreed to"tliemt ffit -I dtd
they 'vould: el ieve :i Twyfordti e· hit lie
satid lhel6,id tothini g hilo:: ut lihiiocdhit
coinnfectiotn wtitth the nbatterl. t'l:-,
Tile?Jl dge salid it 'miosold also: , ?;.
malttei fol the jitr'y to' decidieiitBetliet
it would' bellese: the evldentce of:M e-
'Guire" egl'ding til.hei alleged coinveitsao:
Stion wLtth Twyford about dilockets i:o
eatiler occasions.
ADDRESS BY COUNSEL
bAfte - Mr. J: ",V "'Shiatd " h'strttete
by Mr. Ial R..DIffy; of Goulboiif~ti, litd:
addressed the jillry for :-Slr biors on
behalf of Twyfolid, M r..:lt: Spoule,
appearing for the othertto i accusedid,
followed, ald dittii'g hids n::it'ailcs
likened the three ,bislness.:meit' ??0ii.
cerned a'I the ''ThrbeeBld diceie" of
the place. ,
Cottinuilng his address, Mt yShland
referred to his: cross-exatilianin, oft
Railway-Detedtive (Baxtet ' ol: WIbo litad
admitited to. hlim' that.dut?liig' his con-'
versation witrhi' Twyfoidrd otiAlptil i J0
he did nob thiiink that',Twyford .iwott!I
lie atrresteid
-Referer.iiii.,t .:te:te evidenice; eil
•thfe police'i lin: genetl "in5,;' r? attiid"
saidltha tlih.'-' pilce', had dealt
',wiih "li e-thtee',accused ,?vtih :iis
intcttlate lfai ess.
Desctibing McGiilte as nitn atlmittled
liarn a man to t'. .ht:,old lies to . his
ftiend; Rl~haitdson, Mr. Sbianti sid lie
had cobitradicted" the 'eividence o::f
Scoistable'i Bodlel regarding :Twyforti.
Mr. S/hand suggested that McGulre
had 'hidden from the jury .the fact
that Twyford ha'di visited hm" fort'
the ptlrpose of examiining dtlockets.
CIRCUMSTANTIAL EVIDENCE
On tile lquestion of circumstantial
evidlence, Mr. Shand stressed that
even if suchi evidence pointed strong
ly to a manos guilt, the law said ihe
was not to be convicted if there was
any other reasonable explanation that
was consistent with innocence.
Going through the times when
Twyford was presentt when money
was paid out, Mr. Shand .said that
there was *no donbt that hIe kItnew
that dockets were being cashetd.
It was probable that the majority
of the business men in Goulburn
knew that, because Goulbiurn was a
railway town, said Mr. Shand:
He stressed that when Twyford was
present on thile occasions when Ftl'nt
er was pailt he was, there for' the piuttr'
pose of carrying out his secretarial
duties. Lamb asked hint to minmi the.
money, and he was. afterwards pre
sent when it was paid over.
Mr. Shand contendled that there
was nothine in that to arouse Twy
ford's suspicions.
Dealing with the statements from
the dock by Dyball andti Lambl, Mr.
Shand said,'they'had not said one
I word' that wouldl indicate that Twy
ford was guilty. If Twyford's' sworn
evidence was false he had tlone lh,
other two a wrong. Yet they lhadt
said nothing to disprovd any state
I ment. he had made.
Refeirring to the evidlence of the
witness. Meyer. on the qnestion of
Shandwriting, Mr. Shand clalmet that
he was not capable of giving slich
f testimony. He was not an exlert,
I but' a man who, like anyone else, Itad
examined handwriting. Yet tile
1 Crown askedt the jury to gamble a
man's liberty away on such ev:dence.
Meyer had swolrn that a signalurle
on a documents was not Twyfortd's,
but agalnsI this', Mr. Duffy had stated
5 in evidence that it was a t[ocnment
I signed by T'wyfor'd in hi, office.
S "Tills was an even-money chance,.
and Mr. Meyer picked the wrong
y horse," said' Mr. Shand.
Showhiig thle jury dockets whichl
Lamb had' said ihe hadl signed, Mr.
1 Shand contended that Lamb hadl
i, forced Twyfordt's signature, and
Spoln.ted to 'the signatures in tht'
names of Twyford and other pel'sons
on those dockets.
In conclusion, Mt'. Shand' stressed
y tle fact that Twyford d had not fearedt
Sto go Int i the' bIox to tell: his story on
oath. He added that 'however respon
it sible his owt' position was In defen"'
d Ing Twyford thile responsibilty of the
o jury was greater, for In their hands
they held his futuei'e and liberty.
Mr. Sproule likened the thlree men,
Richardson, lcGutire, and Furner to
Baibes i5 thi' \Woods"WO·-- O- tttt eia
Goilbut n aitl
1,*:Mrll.; S0ol1 tolh' .the jlry , thy tl t wlleel
ai cialrge of thlsi inature w?LtE ?lpr -ei'rI"l
agallist tihe attsed it wae na ' a
to expect :.thllit.it :iwoiltdi be "sutId~pt r i
,by good 'an' i'eli?blie -evIdence to
cause it .Was veily setiiosilaiit: l
indeed; ? ie e c?. onteildeld : ,,th ,(ati·
coictraly: haihd bieei :tliie.?c s e
At times': the" 0:co0iwts : ere trttietl
to exiiitilionisof:siticiplity, l0it t :re
t\V;tel nl0 whio, tlouillog tthty weteC;o' lt:
eriiecl: iabouit not :gettitiithei ieit Ioney,
lihdt otily 0o wale dotwni to tile Rtlii
waily S, tloi aiad to co0nstilt tile Dis
t'rictt: Siiperinhttende l:,it '::. ::I.; : "-' ;
SBy dotig :so tliey: co!tl" sitsEti: n o
te old tl tt e1110 teas fon fattie dely,
sntl, flt tlthet~ rey coiit ,i.ultlie idemntti
ed the ltr 'moneyp :':Tlie thenree niei wdire
f!rieulds;, nld- tnt. 0n1 asked 'the otlitei
wuitathe. was. 'tolcg
: MrBi.: Sprolle?n?skedI vwlly," if :itamit
ind it ybll/ill hd.lteelt itinvolved : hina
Iconspitac? they:e litd:' hailtlded ithoiu
ahids of poitsfd baeck inste:Id of keepl
ih, it for? themselves ' ''
,Openiiig lis address i. i"pi'M.
C-rawford referredi .to tIhe stitenie?ts
gtvietn. to t.i litolice, by Laimlnb ::and
Dyball :Ini these botlh hidt:-mentiotined
Twyford?-the lbotltei1n.al· - .off one
anfi' tile coiislin of tlfe obthier. They had
noti,0metitoiled Twt 3foti'd: in:a c'irsual
wvay, ind if theit statenmetis:nita?uIit
e:i to anytiing :t iall. th:ey: hat dedni
itely ; contfessee:: to ai crime : liii those
statemen si:ts hit 'lati nllilentioiteda the
s'iite of fa -irdi tmait. altitoulghl ·l.hy
were nlit obliged 'ift! etiitan r yoine
"veiil liitavingi niesii ltitd ia thirtdi hitnh
iei.y were tiot biglied tottbeiieitiol?iii
na ine-. blit titey ?:i`id o'ilone so: ald had
meiinecl te ai teltivend1
Mt. Cni a rdss f iit sau't vetrv deter
mfillted effirt- liad' been nmaile foirbm
tie biat a ?itbeto impi'cte. Wilsoni in
,tlie case, bitt tieitier ILZanh tior .:Dybal
'iad nieiton ied'Wilsoin's aimme eithetr
in iflie?f t Shie't~i teiieits tos thie :t polici /or
itt thet 1 statentets fronm the dolcl0
-~n the'iadhif .Tfi, his seate
lida taime"i o'e t lilk. ,Twyford s -;evid.
nitce tlit' he iie k itwh was tel!ing lies
Itoricliatrdsoil :iiii: makilng excuses re.
galdiigihiie tdelays iii payiment 'was
exlatiiiedy il'hinltti the statenment
titatt:.he; wasi tivitig to islileildt: Lmi,
tnifdl.Dballi sut Mr. Gtiaovbtrd. asked
if TryWyfortiditi Idioiigl so:.was :ibt aild'"
intaand :fiteitint those 11en in'wivithI;
hldlfitt the'i money :thit ,slhoult imve
ieeitald :to Richardsont'. '
P::ointitig to MrI;. Shand's suggestloll
hat:,:I amt ,. had ..iorced -Twyford's'
isiiatii:re .ona tile dockets. Mri. Craw'¢
ford said Lamb litd stated Whtich lie
lihtl ,atgned alid wihtlch Twyforld 'had
(dboie-. Wthatever:i Lamb :ha wil:: irtfen
'on:.l is own dtockets tdid not tilterflish
fict thht het had picked out 'tlthe dohc
el:s ie had done 'andl those Twyfordl
hadl done.
Ml.. Crawford' said ihe was not en*
t.it',l to use Lamb's statement :'as
evidence agailnst.'.Twyford, yet .Mr.
Shand wanted t.o use it as an exoner
'atinl of TwyfordI.'
. "Lamb and' Dyball had their oppor.
tcinity ro exonerate Twyford :when
they mace thieir. sitatements'from the
dock," sald Mr. Crawforld. "bt :they.
did not do so. Theyi could have sati'
they had dtlone what they dtit Iy tthem
selves. ainnd wlithout Twyford's, a.tesisit
ance."
POLICE PRAISED
Mr. Crawford said that they -ilad
made 1o lreference 'to their-pl'evoucs
staitements, nor didt tltey say tlitit
what the police ltad said the, Iahd
said was not true. On thile coitrt'ay,
the piolice, had been praised b.fy tlle
defence for thile abuolute.; fairuess
they ihad shows, to,these meli:.:?t .
Mr. Crawford had :not. fililiished
when thile coulrt rose; , ?'''":r': ;Tli
His Honour, In asking tlhe jil; y to
again attend in tile mornlig?s. aid ihe
trustedt, that 'thet:y woulid Icot I-. del.
tdiilned after:ttomorrow .
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