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

R. v. Blaxcell and Others [1809] NSWKR 9; [1809] NSWSupC 9

conspiracy to obtain possession of ship

Court of Criminal Jurisdiction

Atkins J.A., 18 March 1809

Source: Court of Criminal Jurisdiction, Indictment and Informations 1809-1813, State Records N.S.W., 5/1146

See also: Minutes of Proceedings 1809-1813, State Records N.S.W., 5/1150 -1;
Miscellaneous Criminal Papers, State Records N.S.W., 5/1152 -141.

[1] His Majesty Territory of New South Wales

County of Cumberland to wit                            }

           Richard Atkins Esquire His Majesty's Judge Advocate in and for the Territory of New South Wales and its Dependencies on the Twenty eighth day of February in the Year of Our Lord one thousand eight hundred and nine exhibited in the Court of Criminal Jurisdiction in and for the said Territory the following Charges against Garnham Blaxcell Esquire William Campbell and Arnold Fisk Mariners of Sydney in this Territory together with one William Scott and one Sylvester Ramsay now absent (that is to say) for that they being persons of evil name and Fame and of dishonest Conversation and wickedly devising and intending by stratagems devises and pretences to deprive one Simeon Lord of Sydney in this Territory and one David Dalrymple late Master of the General Wellesley deceased whose Administrator the said Simeon Lord aforesaid is by virtue of Letters of Administration granted to him by the Court of Civil Jurisdiction in this Territory and bearing date the twenty second day of November in the Year of Our Lord one thousand eight hundred and eight of their fore asserting did on the thirteenth day of December one thousand eight hundred and eight at Sydney in this Territory fraudulently wittingly and unlawfully combine conspire and agree among themselves to obtain status acquire and get into their hands and possession a certain Ship called and known by the name of the General Wellesley together with a certain Quantity of Sandal Wood then on board the said Ship the General Wellesley the said Garnham Blaxcell William Campbell Arnold Fisk as aforesaid together with one William Scott and one Sylvester Ramsay now absent well knowing that the said Ship the General Wellesley and the said Sandal Wood was his the Simeon Lord's as aforesaid lawful property and the property of the said David Dalrymple deceased as aforesaid and that the said Garnham Blaxcell William Campbell and Arnold Fisk as aforesaid together with one William Scott and one Sylvester Ramsay now absent in manner and form aforesaid did fraudulently willingly and unlawfully by such combination and conspiracy deprive the said Simeon Lord as aforesaid and the said David Dalrymple deceased as aforesaid [2] of the said Ship the General Wellesley as aforesaid and the said Sandal Wood as aforesaid to the great damage of him the said Simeon Lord and him the said David Dalrymple as aforesaid deceased and whose Administrator the said Simeon Lord is as aforesaid and against the peace of Our Sovereign Lord the King his Crown and Dignity

           Plea Not guilty.

Evidences

Thomas Casey

James Frinucane Esq

Mr Scott H

Mary Litchford

John McArthur Esq

Thomas Smith

William Touzer

Daniel Carrole

Buchu (a black man)

Henry Cole

[?]

Silas Ripley

Emanuelle Antonio

Captain Kemp

Captain Dundas

Captain Harrison

John Glead

James Brenton

Published by the Division of Law, Macquarie University