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

R. v. Bowman [1800] NSWKR 4; [1800] NSWSupC 4

defamation

Court of Criminal Jurisdiction

Dore J.A.., 28 June 1800

Source: Court of Criminal Jurisdiction Minutes of Proceedings, 1798 - 1800, State Records N.S.W, X905 - 473

[473] Vide Indictment

No. 4

John Bowman Charged by Ensign Nicholas Bayly with defaming his Character being put to the Bar Pleaded .... Not Guilty.

William Chickley being duly sworn Deposeth that he was in Company with Thomas Rickerby, William Knowels and the Prisoner when the witness heard the Prisoner declare "that he knew Mr Bailey was as great a Thief as any in the Country, that he knew him to be a Thief before he Came here and that he the Prisoner could prove it"

Thomas Rickerby being sworn Deposeth that about four weeks since he heard the Prisoner declare at the Hawkesbury "that Mr Bayley was a great Thief and he could prove he had been so before he came here."

William Knowles being sworn Deposeth that he was present at the above time and in consequence of a Dispute arising between the Prisoner and William Chickley respecting the Issue of a malicious Prosecution which the Prisoner had instituted against the said Chickley at the last Criminal Court whereon Ensign Bayly sat as a Member and which Court had declared the Prosecution malicious and ill founded, this witness amongst other abusive Language heard the Prisoner say "that Mr Bailey was damned Thief and he could prove it"

[474] Here the Evidence Closed on the Charge.

The prisoner being called on for his Defence and having nothing to offer in Extenuation of the Charge.

The Court cleared it and find the Prisoner Guilty of the Charge and do sentence the Prisoner John Bowman to pay a fine of twenty pounds and to be imprisoned for the Term of Six Calendar Months and until the said Fine be paid and at the Expiration of the said Term and before his Liberation to find two goods and sufficient sureties to become bound for him, himself in the penal sum of One Hundred pounds and his said sureties in fifty pounds each who will enter into a Recognizance for the good Behaviour of said John Bowman for the space of twelve ensuing Calendar months, to be computed from the Expiration of his said Term of Imprisonment. Such sureties to be Housekeepers pursuant to the Statute, and to be approved by the Judge Advocate for the time being or the next Criminal Court which shall assemble after such Periods of the said John Bowman's Imprisonment.

Published by the Division of Law, Macquarie University