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

R. v. Brown (No. 2) [1809] NSWKR 11; [1809] NSWSupC 11

stealing, pigs

Court of Criminal Judicature
Atkins J.A., 18 August, 1809
Source: Court of Criminal Jurisdiction, Minutes of Proceedings, State Records N.S.W., 5/1150

           [139] Thomas Brown placed at the Bar Vide Indictment No 3.

John Dapee a Constable at Parramatta, Sworn, says, that about six weeks back Mr Brown of Parramatta lost some pigs, that he found them at Castle Hill, that they were in the possession of Thomas Kennedy, who said he got them from the Hawkesbury, it appeared afterwards, that it was the prisoner at the Bar, who personated Mr Kennedy, he staid with me all night, and ran off next morning. That Mr Brown, came and claimed the pigs, and they were delivered to him.

           William Fitzgerald a Constable of Castle Hill Sworn, says, that the prisoner at the Bar is the same that was examined by Sergeant Kemp by the name of Thomas Brown.

           Mr Brown Sworn, says, that he recollected passing some pigs about four months back, that he got them from a Constable who had taken them from a man who called himself Mr Kennedy, and who [140] appears to be the prisoner at the Bar.

           James Manigey Sworn says that the prisoner is known by the name of Thomas Brown.

           There the Evidence on the part of the Crown closed,

           The prisoner calls Pat Butler, who being Sworn, says, that he has seen the prisoner working in Camp.

           Guilty to receive 500 Lashes.

Published by the Division of Law, Macquarie University