There was a Toowoomba court case in 1863 in which the Dalby accused was probably the most innocent there. I told a version of this story live on radio 4AK.

In January 1863, Mary Walsh stood indicted for stealing two bank cheques. Mary lived in Dalby where she was known to be a woman of ill repute. But she was a favourite of the Toowoomba courts where she made regular appearances. Within weeks of the bank stealing charges, Mary made at least four other appearances.

Mary was found guilty of indecent and obscene language but let off with a caution. She was found lying drunk in Margaret Street in Toowoomba, charged with vagrancy, and sentenced to fourteen days solitary confinement. She pleaded guilty to being drunk and disorderly and sentenced to forty-eight hours confinement. Finally, the Toowoomba judge’s patience was exhausted and Mary was sentenced to three months gaol in Brisbane for similar charges.

But despite Mary’s less than perfect record, still she appears to have been the most innocent in her cheque stealing case.

The two cheques were drawn by Mr. Henry Thorn. He was a member of the Queensland legislative assembly representing the Northern Downs. He managed the Warra Warra station west of Dalby for his father. His father was George Thorn senior who was also a member of parliament and the founding father of Ipswich. His brother was the Queensland premier George Thorn junior. Thorn may have been an innocent porty in this whole saga, but his associates were not.

Thorn’s cheques were made in favour of Mr. John Dillon. Dillon was supposedly a lawyer in New South Wales. But when he applied to be admitted to practice in Queensland his application was refused because it was so flawed. Dillon failed to say if he’d done anything to be struck off in New South Wales, he didn’t provide any references, declined to say how he arrived in the colony, and in fact it appeared that he wasn’t in the colony at all.

Then there was Mr. Josiah Milstead. He was licensee of the Plough Inn at Dalby and a former convict. Milstead was called by Mary as a character witness, but when he came to give evidence, he appeared to know nothing about her other than that she occasionally called at his house. One wonders if Milstead’s loss of memory about Mary had anything to do with him wanting to be re-elected as a Dalby town councillor. Later he was actually elected as Dalby mayor.

Then there was Mr. William Foote better known as Billy. He worked on Thorn’s station and had come to town to deliver the two cheques. Billy admitted knowing Mary, and waking up in her house, but denied any knowledge of how he got there, or what he went there for. All he knew was that when he woke up, his trousers were off and the cheques were gone, although he couldn’t swear that he hadn’t given them to Mary the night before.

Mary called two character witnesses. One was Dalby’s convict mayor Milstead who was useless for her. The other witness said that although she was known to be a woman of ill repute, he had never heard her accused of dishonesty.

That testimony swayed the willing jury who found the ever-popular Mary not guilty. The judge was not so sure and so cautioned her not to make her appearance before him again.

Meanwhile, Billy Foote, who frequented Mary’s house but had no memory of why, years later was murdered by his brother-in-law who was acting in defence of his sister.

So whatever you think of Dalby’s Mary Walsh 162 years ago, she certainly was not the worst in that colourful Toowoomba courtroom.

CLICK HERE TO LISTEN TO A VERSION OF THIS STORY TOLD ON RADIO 4AK.

Photo credits:
Gavel – Free Images website.
Henry Thorn c1880 – Picture Ipswich.
John Dillon, New South Wales stipendiary magistrate – The Bulletin, 21st January 1882, page 1.