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

R. v. Davis (No. 1) [1809] NSWKR 12; [1809] NSWSupC 12

animals, killing - capital punishment

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

[135] William Davis placed at the Bar Vide Indictment No. 3.

           Thomas Croony Sworn, says he is Cowkeeper to Mr Wentworth, that he informed Thomas Kennedy that he had seen a man bring a sheep to Mr Wentworths Hutt, but cannot say who he was.

           John Kennedy being Sworn, says, he is overseer to Mr Wentworth, that the preceding Evidence informed him he had seen some person pass with a sheep towards the Hutt that he thought it was the prisoner but could not positively say that it was him that Pierce Condron had informed him that it was Mr Davis, that had carried the sheep to the Hutt. That on searching it, he found part of it under some straw in a corner of the Hutt, and he wanted him to take it away. That Condron informed him that the sheep was alive.

           Pierce Condron on being Sworn, says, that he saw [136] the prisoner at the Bar bring a sheep into the Hutt, and informed him that he had found in it in the Bush and he saw him kill it.

           John Curtis Sworn, says, he is Government Stock Keeper at Toongabbie, says, that a sheep was missing from the Stock belonging to Government, it did not appear to have been torn by the Native Dogs.

           William Beaumont a Constable at Arms, Sworn, says that he went with the Prisoner to Mr Wentworth's farm, and by the side of a creek he shewed him a sheep skin, but did not tell him he had put it there, he then did not appear to have been torn by the Native Dogs.

           The Prisoner says he found the Sheep in the Bush mangled by the Native Dogs.

           Guilty Death.

Published by the Division of Law, Macquarie University