Below also see: Gravolin v. [Frederick ?] Brunell, 1886
The Burrowa News, Fri 6 Jan 1882 1
BINALONG POLICE COURT. — Friday, December 30.— Before Messrs Yates, PM, and AB Patterson, JP—
Frederick Brunell, on remand, was charged with absconding from his indented apprenticeship with Anthony Dwyer, of Sheep station Creek, near Binalong.
Sentenced to twenty-four hours’ solitary confinement in Binalong lockup, and ordered to return to his employ.
Gravolin v. [Frederick ?] Brunell, 1886
Cootamundra Herald, Sat 7 Mar 1885 2
[COOTAMUNDRA] POLICE COURT.
Wednesday.
BEFORE Messrs WA Byrne and J Barnes, JP.
[JAMES RICHARD] GRAVOLIN v. BRUNELL.
Complainant, who appeared in person, charged the defendant [Frederick ? Brunell] under the Masters and Servants’ Act, with having unlawfully absented himself from his hired service.
Mr O’Donnell (of Messrs Murdoch and O’Donnell), for the defendant, on the case being called on, objected to it, and stated that the defendant being under age could not enter into a contract, and that the summons should have been taken out under the Apprentice Act. In support of the latter contention, he cited ex parte Irwin, decided by the late Chief Justice.
After lengthy consideration, the Bench decided that the second objection was untenable; but they dismissed the case on the ground that defendant was incapable of entering into a contract owing to his infancy. Mr Byrne, who stated the decision, said he did not think it right on the side of defendant to be able to get out of his contract on a technical point, but the Bench had nothing to do with that.
Mr O’Donnell: My client has a good defence on the merits of the case; but I have taken the objections because I do not think the young fellow should have been bound as he was. I told the Bench before they gave their decision that the agreement was one under the Apprentice Act, and asked that it be cancelled.
Mr Byrne: The Bench has already given its decision, and we will not cancel the agreement.
Mr O’Donnell: I now ask your Worships for costs. I was ready to go on with this case yesterday, and I had to wait about the court to-day for an hour before the case was heard.
Mr Byrne: We will not allow costs, because the case has been decided on a technical point.
Mr O’Donnell: It seems to be my fate to be refused costs in this court. Time after time I have been refused costs.
Mr Byrne: Mr O’Donnell’s remarks are not justifiable. He has always been treated the same as any other attorney.
Mr O’Donnell: I think not, and previous occasions have shown so; and I do not go, behind any man’s back to say what I mean.
Mr Byrne: If you were kept here six days—
Mr O’Donnell: Well, I would expect six day’s pay. I have something else to do besides waiting about courts doing nothing.
————
A report is current in Sydney that some relics of a party who were missed from Bermagui some years ago have been found. A coat, identified as that worn by Mr Lamont Young, has been found with bullet holes in it. This would seem to indicate that Mr Lamont Young and his companions were murdered.
1 The Burrowa News, (NSW), Fri 6 Jan 1882, p. 2.
2 Cootamundra Herald, (NSW), Sat 7 Mar 1885, p. 3. Emphasis added.