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

R. v. Lovell [1805] NSWKR 9; [1804] NSWSupC 9

forgery and uttering

Court of Criminal Jurisdiction

Atkins J.A., 22 February 1805

Source: Court of Criminal Jurisdiction Minutes of Proceedings, 1801 -1808, State Records N.S.W, 5/1149 - 220

           [221] James Lovell placed at the Bar Vide Ind No.3.

           Sergeant William Packer of the N.S. Wales Corps being Sworn deposes that on the first of February the prisoner came to his house for the purpose of hiring a horse to go to Parramatta saying that on that day he had purchased a house at the upper end of Pith Row for the Sum of £30 and that he wished to go to Parramatta to Mr Hassall for the purpose of settling [222] some money matters. I asked him his name who said it was James Lovell that he had been in Mr Hassles employment some time and that he must be at Parramatta as that evening as his business was very urgent, and he could not get up in time or fast. Deponent told him he could lend him a horse provided he could procure a Saddle. After being procured a saddle the Prisoner asked Deponent what the price of the hire of the horse was per day who answered 15/. The Prisoner then took from a number of papers which he held in his left hand one of them which he tore in taking it from the others, when I observed it to be a note drawn by I. Underwood in favour of Patrick Fox for £1. 10 . Deponent scrupled the Bill it being torn and a little wet. Prisoner said if he scrupled it he would give him another as he had that day received 60 pounds or six cannot say which and that he had paid £30 for the house and, to the best of my recollection that was the residue of the money.

           [223] Deponent says that the Note now shewn him is the Identical note given him by the Prisoner.

           Edward Quin a Constable being Sworn deposes that on Sunday 3d February he went to Sergeant Packers and asked him if he had hired a horse to any person and if he had what was his name. Packer said he could not recollect his name but that he had received payment for the hire of the horse in a bill which Deponent asked him to shew him. The Bill now produced he has every reason to believe it is the same No 314.

           James Underwood being Sworn and the Bill now produced being shewn him he positively declares the same not to be in his hand writing.

           The Evidence on the part of the Crown being closed the Prisoner is put on his defence who says that he got the bill from a woman of the name of Finch and denies the charge generally.

Guilty Death                                         Richard Atkins

Published by the Division of Law, Macquarie University