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

R. v. Brown (No. 1) [1809] NSWKR 10; [1809] NSWSupC 10

stealing spirits

Court of Criminal Jurisdiction
Atkins J.A.., 6 June 1809
Source: Court of Criminal Jurisdiction Minutes of Proceedings, 1809, State Records N.S.W, 5/1150 - 121

           [121] New South Wales

6th June 1809

           Proceedings of a Court of Criminal Jurisdiction Held by Virtue of a Precept under the Hand and Seal of His Honor William Patterson Esq Lt Governor and Commander in Chief in and over his Majesty's Territory of New South Wales and its Dependencies &c, &c, &c.

           The Judge Advocate

           Members:

Major Edward Abbott

Captain Francis Lewis

Lieutenant William Moore

Captain John Cummins

Lieutenant Thomas Laycock

Lieutenant William Hadley

           The Precept being read and Members Sworn, Thomas Brown placed at the Bar Vide Ind No 1

           Mrs Elizabeth Driver Sworn, says, that the Prisoner at the Bar was her Servant about nine months, says that a variety of articles belonging to her could be got at by the Prisoner among other articles some Spirits and Tobacco, that she has at various times missed both Spirits and Tobacco, that she has seen him receive from Mary Newberry her Servant some Tobacco which he saw Mary Newbery cut off from the Bale, that on questioning Newberry respecting [122] the Tobacco, she said not if she would [?] her she would tell her a great deal more. The Bottle of Spirits was found in the Washouse and after Tobacco was found in his, the Prisoners, chest.

           Questioned by Prisoner: at the time the spirit was draining out of the cask containing 12 gallons, were not you alone by me?

           Answer: Yes I was, at that time I did not suspect him, but on missing a quantity, he told me that it was taken out by Mr Drivers orders.

           Question: Could I take any of spirits out of the Parlor without the other Servants seeing me?

           Answer: He always opened and shut the Windows.

           Mary Newbery Sworn, says, that she has been a 6 month servant to Mrs Driver, that she has seen him, the Prisoner, take a Bottle of Spirits out of a Cupboard by the Storeroom and carried it into the Washhouse and came in several times to drink a part of it. That he has several times asked her for Tobacco, and that she had never given any before that day, that he saw her take the Tobacco from the Role and he knew that the some was the property of Mr. Driver.

[123] Question by the Prisoner. Did you not say at the Bench before whom I was examined that it was you that took the Spirits, and put it under the Shilling ?

           Answer: No

           Elizabeth Goodwin being sworn says that Mary Newbery the preceding Evidence, had informed her that the prisoner had taken the Bottle of spirits. Says that it was after he had been sent to Gaol.

           Mary Davis Sworn, says that Mary Newbery had informed her that she had seen the Prisoner take a Bottle of Spirits from the Store room, and carry it to the Washhouse and that this was before he was sent to Gaol.

           The Evidence on the part of the Crown being closed the Prisoner calls Mr Evans who being sworn:

           Question by Prisoner: In the course of the evening I was sent to gaol did not Mr Davies say that when I was sent to Mr Lord's with Coppers 15/ was missing?

           Answer: No.

           Mrs Sarah Packer sworn:

           Question by Prisoner: Have I not at various times brought property to a Considerable amount to your house, and did you not always find it correct?

           Answer: Yes

           Mr Blackmore a private in the New South Wales Corps sworn:

           Questioned by Prisoner: Do you not recollect giving me a 5/ Bill sometime back?

           [124] Yes I did.

           Thomas Crown the prisoner delivers into Court the paper No 1.

           Guilty 7 years Transportation.

Published by the Division of Law, Macquarie University