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WILLIAM STERRY TRIAL FOR BURGLARY

.The Age (Melbourne, Vic) Thu 17 Sep 1885, Page 5
NEWS OF THE DAY
Shortly after one o'clock yesterday morning a burglary was committed on the premises of Joseph Cox, stationer, Bay-street, Port Melbourne. Entrance was effected by a side window in the cellar, which was not fastened. The door of the cellar leading into the shop was prised open by a chisel. About 10s. in money was stolen from the till, together with a gold watch, silver locket and two gold rings, the value being £9. The burglars, two in number, were disturbed whilst ransacking the shop, and one of them was pursued and caught by Constable Andrew, of Port Melbourne, who happened to be passing tho premises at the time. When arrested the burglar gave the name of George Jones, but was known to the police by the
name of Duun. His accomplice was William Sterry. He got away but was arrested last night by Detective O'Donnell und Constable Andrews in Bourke-street. Both prisoners were taken to Port Melbourne watchhouse, and will be brought before the Magistrates this morning.

Ovens and Murray Advertiser (Beechworth, Vic)Tue 31 Aug 1869, Page 3
MELBOURNE (From our own correspondent)
New Insolvents
William James Sterry, Rutherglen, quartz miner. Debts, £119 18s 6d ; assets, £7 ; deficiency £112 18s 6d. From non-success as a quartz miner, and from having met with an accident whereby his leg was broken, in consequence of which he was unable to obtain remunerative employ.

Standard (Port Melbourne, Vic) Sat 26 Sep 1885, Page 2
PORT MELBOURNE POLICE COURT
Monday, September 21 (Before Mr. Alley, P.M.)
BURGLARY
George Jones and William Sterry were charged on remand with having burglariously entered the premises of Joseph Cox, on the 16th instant, and stolen therefrom 10s in money, a gold watch, two gold earrings, one locket, a silver Albert and other articles of jewellery. Mr. Gillett appeared for the prisoner Sterry, Jones being undefended. Sergeant McAdams conducted the case for the police.

Joseph Cox deposed that he was a news agent residing at 193 Bay street, Port Melbourne. Remembered night of 15th instant. Went to bed about 10 o'clock that night. Before retiring witness fastened all the doors and windows of his house. A little after 1 o'clock in the morning witness heard a scream below the room in which he was sleeping. Witness instantly jumped out of bed and rushed below. On reaching the back door of a room in the rear of the shop, witness saw two men. Witness was within three or four yards of the men. The latter ran through the shop, and witness followed them. The men went through the front door of ihe shop into the street. The men closed the door when they were out, and witness opened it again to follow them. Saw the men running across the street, at right angles. Witness called out something. Saw nobody in the street but the two men. Witness returned into the house, where he met his daughter. Afterwards went again into the street and cried out, ' Have you got him?' A few seconds afterwards Constable Andrews walked in with the man Jones, who was handcuffed. Prisoner was searched in witness's presence, and a white calico bag belonging to witness was found upon him The bag contained some small money, amounting to 10s. The other property missed from the house consisted of a gold watch, chain, locket, rings, earrings and other articles, as per list produced. The men who entered witness's house had come through the window of a small cellar under the shop. The window worked upon a hinge and was not very securely fastened, as witness did not think any one would rob a paper man. When prisoner Jones was searched, a chisel was found in his pocket. The jewellery stolen was kept during the night in a small glove box in witness's daughter's bedroom. A door leading from the cellar into the passage had been prized open. A screw-turner belonging to witness was found near the door. The key of the front door was in the lock inside. Went to the lockup -with prisoner Jones, who said the bag found on him was his own, but displayed ignorance of its contents. Witness was not sure whether there was silver in the bag or not. The. key of the front room is always kept in the inside, but was found that morning on the outride. After the robbery witness noticed that it was twenty minutes past one.

Emily Clifford, deposed, that she was daughter of the previous witness, and resided with her father in Bay-street. On the morning of tie 16th. inst., between one and two o'clock, witness awoke and saw a light in her bedroom. The light was carried by the prisoner Sterry, who was at witness's jewellery box. Witness gave a shriek, and Sterry turned around with the light in his hand, giving witness an opportunity of seeing his face. The man then ran away. Witness sprang up and followed her father through the house. She only saw one man. Witness had since missed jewellery as described on the list produced. The value of the jewellery stolen would be £14 or £15. Saw Sterry at the court last Thursday, and identified him as the man witness saw in her room.

To Mr. Gillott - Witness was sure of the prisoner. He had on a brown coat and a brown hat, the latter being round. Gave a description of the man the saw to Constable Andrews. The latter it was who brought witness to the watchhouse to see Sterry. One of the constables asked witness, "Is that the man ?" On the morning of the robbery, after the men had left the house, witness asked her brother what the time was, and the latter replied half-past one. From the time witness saw the man in her bedroom until she ascertained the time about twenty minutes elapsed. It would not shake witness's opinion with regard to Sterry's identity even if she were told the man was at work in Fitzroy at the time she mentioned. Constable Andrews told her that be thought they'd got the right man, or something like that.

To Sergeant McAdam - Since last Thursday Sterry's mother and his wife had come to witness and asked her not to say Sterry was the man. Constable William Andrews deposed that he was on duty in Bay-street on the morning of the 16th instant. Witness was opposite to Mrs. Davenport's in Bay street, and about twenty yards from Mr. Cox's shop. Mr. Cohen, pawnbroker, of Bay street, was with witness. Witness saw the prisoners running from Mr. Cox's shop across the street. Witness followed them, and asked them what they were running for. Jones said : "What are yon coming b_ bounce at?" and made an attempt to hit witness. Witness arrested him, and was taking him across the street towards Mr. Cox's shop, when he saw Mr. Cox at the door. The latter was crying out "Police." Witness handcuffed prisoner and took him into the shop, where he fonnd that the premises had been broken into by forcing the side window of the cellar, and than prizing the door open with a screwdriver. Prisoner made several attempts to spring the handcuffs and get away. Searched accused in Mr. Cox's shop, and found the chisel; also found a bag containing some money. At the watvhhouse again searched prisoner and found 3s 2 1/2 d on him. When witness arrested Jones the other man escaped. Mr. Cohen followed him, but the man got away. Was positive
the accused Sterry is the man he saw run away. Witness, in company with detective O'Donnell, arrested Sterry on Wednesday night in a skittle alley in rear of the Unicorn Hotel, in Bourke street. Prisoner made no statement. At the watchhouse there was none of the stolen property found on him. Case of skeleton keys produced was handed to witness by a boy, on the morning of the robbery. The boy pointed out the exact spot where he picked up the keys, which was within about ten feet of the place where witness stopped the prisoners.

To Mr. Gillott - Caught one man when the latter crossed the street. Witness was about twenty yards from Cox's when he ran. Looked at his watch shortly before be saw Mr. Cohen, and it was then a quarter past one. Mr. Cox swore the information. Sterry had on a brown suit and a brown boxer hat. Went to prisoner's place the night he was arrested, and there saw a brown suit of clothes similar to the one worn by Sterry on the night of the robbery. Did not tell O'Donnell that. Since the night of the robbery prisoner Sterry had clipped his whiskers. Description written on the back of the information was the description witness gave.

To Sergeant McAdam - Witness would arrive at the watchhouse about 1.35 a. m.

Elias David Cohen deposed that he was a pawnbroker, carrying on business in Bay street, Port Melbourne. On the morning of the 16th witness was speaking to Constable Andrews, about a quarter past one, within fifty or sixty yards of Mr. Cox's shop. Saw two men ran out of Mr. Cox's and cross the road. Was sure that Jones was one of the men, but was not quite certain about Sterry. Constable Andrews and witness confronted the men. Andrews remarked: "What are you running for?" Jones made some reply, which witness did not catch, and Andrews arrested Jones. The other man got away. Witness hit him on the head with ah umbrella, and, for about four minutes, ran after him.

To Mr. Gillott— Sterry resembled the man who got away, but witness conld not swear positively to his identity, as he had such a short glimpse of him. Could not say whether his whiskers were now any shorter or not. Had equal opportunity with the constable for seeing the in man. The latter had a brown suit of clothes on. The blow witness gave would not cut prisoner's head.

Edward Clay, a lad 11 years of age, said he delivered newspapers for Mr. Cox. On the morning of tee robbery witness picked up the case of skeleton keys produced, and gave them to the constable. Showed Mr. Andrews the spot where he picked up the keys.

William Sweeney deposed that he was a seaman belonging to the ship Red Gauntlet, lying at the Railway Pier. Was on board the ship on the late instant, and saw the two prisoners together on the pier, about 11 o'clock in the forenoon. Witness was locked up for disobeying orders the same evening. Jones was pat into the same cell with him on Wednesday. Had a conversation with prisoner, and asked him what he was in for. Prisoner replied he was in for robbery. Witness asked him "Where ?" and prisoner replied, "At a shop up the street." Prisoner further said, "They had some skeleton keys, but they didn't know the keys belonged to me. They do belong to me, but I'll swear that they bought them to let me in for it." He further said he thought his chum had got away all right, and that he wished he had money enough to get a "counsellor," but he would write to his chum. Prisoner also stated he got one of the b __'s down, but there were two of them, or he would have settled him.

To Mr. Gillott - Was quite sure he had seen Sterry with Jones on the Wednesday morning about 11 o'clock. If half-a-dozen people were called to say that Sterry was working in a bakehouse in Fitzroy during that morning it would not alter witness's opinion. Sterry wore a grey suit and a brown hat. Sterry appeared to have had his whiskers cut since.

To Sergeant McAdam - When witness saw the man in the watchhouse, recognized him as being the same he saw on the wharf.

Detective O'Donnell deposed that on the night of the 16th, in company with Constable Andrews, he arrested Sterry in a skittle alley, off Russell street. Told prisoner the charge, and told him he had been identified by Constable Andrews as the man who had escaped that morning. He said: "You have made a mistake," and witness asked if he could give any account of himself. Prisoner replied that he came to the skittle alley on the night of the 15th about half past 9; left there about 11, and went straight home to Fitzroy, where he arrived at a quarter past 11. Witness asked prisoner if he could take him to any one who had seen him, and prisoner said "No." Constable Andrews Bard he had no doubt Sterry was the man. Prisoner was identified at Port Melbourne by Sweeney, and by Mrs. Clifford. Searched prisoner's house and found none of the stolen property.

To Mr. Gillott - Did not know that prisoner employed a number of men. Ascertained that prisoner was a muffin-baker. Andrews described Sterry as a man about 5 feet 9 inches, medium built, rather full face, beard all round. Mrs. Sterry gave witness every facility for searching the house.

Sergeant McAdam said that was the case.

Mr. Gillott did not know what view the Bench took of the case with regard to the prisoner Sterry. He could bring evidence to show that at half -past 12 Sterry, who was a baker in a large way, was at home with his wife and mother, and, after having supper, he went to work. It was scarcely possible that the man conld have got down to Port Melbourne in the time. However, if the Bench thought it was a jury question, he would not take up the time of the Court by going into evidence.

Mr. Alley said the evidence of identity was very clear, and committed both prisoners for trial at the General Sessions to be held on the 1st prox.

The Age (Melbourne, Vic.) Mon 5 Oct 1885, Page 6
MELBOURNE GENERAL SESSIONS
Saturday 3rd October
(Before Judge Hickman Molesworth)
Charge of Burglary - George Jones and William Sterry, two middle aged men, were presented on a charge of having, about one a.m. on the l6th ult., broken into the house of Mr. Joseph Cox, Bay-street, Port Melbourne, and stolon a lady's gold watch, two gold rings and a silver locket, value £15. Jones pleaded guilty and was remanded for sentence. It appears that Mrs. Emily Clifford, daughter of Mr. Cox, was awakened by a noise in her room on the morning in question, and found, as she said, Sterry with a light examining the contents of a box. She screamed, and her father rushed downstairs in time to see two men run out of the front door. He ran after them and cried out for a constable. Wm. Andrews, who was standing in the street talking to Mr. Cohen, a pawnbroker, stopped the two men. Jones was secured and handcuffed, but the other man, who was followed some distance by Mr. Cohen, succeeded in escaping. Sterry, who is a muffin and crumpet baker in Fitzroy, was arrested at a skittle alley in Melbourne on the night of the 16th ult., by Detective-sergeant O'Donnell and Constable Andrews. None of the stolen property was recovered. Sterry was identified by Mrs. Clifford and Andrews, and a seaman gave evidence that he saw Jones and Sterry in company in Port Melbourne prior to the burglary. The defence was an alibi, and a number of witnesses, including Sterry's mother, a furniture dealer in Smith-street, Collingwood, named Solomon, and an employee at the Government Printing Office, were examined in support of it. The prisoner Jones also gave evidence, and denied that Sterry was his accomplice. When the evidence was closed, and his Honor was about to sum up, the jury intimated that they were satisfied that, the alibi was proved. They therefore found the accused " not guilty," and said that he left the court without a stain upon his character. Sterry was discharged. Sir Bryan O'Loghlen appeared for the Crown, and Dr. Madden for the accused.

The court then adjourned till this morning.