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Decisions of the Superior Courts of New South Wales, 1788-1899

R. v. Horton [1799] NSWKR 10; [1799] NSWSupC 10

contempt of court

Court of Criminal Jurisdiction

Dore J.A.., 1 February 1799

Source: Court of Criminal Jurisdiction Minutes of Proceedings, 1798 - 1800, State Records N.S.W, X905 - 67

[67] Thomas Horton, apprehended on a Bench Warrant for Contempt of Court, was put to the Bar and delivered a Written Defence as follows:

            Sydney.  February 1st 1799

            "Honored Gentlemen

            The liberty I have taken in addressing you is humbly requesting that you will be pleased to take my case into your consideration.  By informing you, Gentlemen, that I was sent for down from Parramatta and was down until Tuesday last and when I was given to understand that my house and garden had been robbed on the Tuesday Evening I went to Mr Smith's House and informed that I had heard my House was robbed and I must go up to see it secured but that I walked down the next morning to give Evidence in favour of the (then) Prisoner Brice.  That on the Wednesday about 1 o'clock in the afternoon as I was coming into Sydney I met a constable who informed me he was going after me I came with him and have remained a Prisoner ever since.  I have therefore to humbly request that you will look over it and be assured that it was necessity which compelled me to go up and that it was not negligence of mine not being in time to attend.

            I am Sirs yours with every Respect.  Thomas Horton."

            Discharged with a Reprimand signifying that such offences in future will meet condign Punishment.

Published by the Division of Law, Macquarie University