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

R. v. Loveday and Smith [1805] NSWKR 4; [1804] NSWSupC 4

stealing, animals

Court of Criminal Jurisdiction

Atkins J.A., 26 November 1805

Source: Court of Criminal Jurisdiction, Minutes of Proceedings, State Records N.S.W., 5/1149[1]

          [243] New South Wales

26th November 1805

           Proceedings of a Court of Criminal Judicature held by Virtue of a Precept under the Hand and Seal of his Excellency Phillip Gidley King Esquire Captain General and Governor in Chief and over His Majesty's Territory of New South Wales and its dependencies &c &c &c.

The Judge Advocate

Members:

Major George Johnston

Captain Ralph Wilson

Lieutenant Thomas Laycock

Captain Edward Abbott

Lieutenant William Moore

Adjutant William Minchen

           The Precept being read and Members Sworn

           John Loveday }

           Abraham Smith } Placed at the Bar Vide Indictment No 1.

John Loveday, Abraham Smith placed at the bar, vide indictment no. 1. Edward Munday admitted King's evidence by the magistrates of Yorktown, County of Cumberland , being duly warned and sworn says that on the Tuesday preceding the 11th last he absconded from the settlement. That the prisoners came to him within about 40 or 50 feet from the sawpits which are about half a mile from the dam. That after going to two or three different [244] places with an intent to steal provisions they proceeded to government stock yard with an intention to steal a pig. Smith said that the pig would make too much noise and said he knew where the sheep were and that he would take one of them. The whole three immediately repaired to the sheep shed, the door of which was open. Smith desired deponent to remain at the outside and Loveday to go round to the other door of the shed. That he went in at the door that was open into the pen and took a sheep out, which Loveday received from him and the three went away from the stock yard with the sheep which Smith took on his shoulders, and after carrying it about half a mile, he killed it and shoved it part the carcass in a bag and left the skin. That the sheep had long horn. That afterwards he carried the constable to where the sheep had been killed and the skin was found there.

Alexander Swift sworn, says that he is Mr Riley's stockkeeper. That in the evening he counted his stock of sheep into their pen. That in the [245] morning counting them again he missed an English ewe with long horns. That the Ewe so missed was a white one. The skin being shewn him he cannot say it is the skin of the ewe missing.

The evidence on the part of the Crown here closed.

John Loveday denies any knowledge of the charge against him.

Abraham Smith in same manner denies the charge.

The court consider the evidence as insufficient do therefore acquit the prisoners.

Note

[1] See also Sydney Gazette, 1 December 1805.

Published by the Division of Law, Macquarie University