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

R. v. Donlan and Condron [1809] NSWKR 3; [1809] NSWSupC 3

stealing, animals

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[1]

[133] New South Wales, 18th August 1809

           Proceedings of a Court of Criminal Jurisdiction held by virtue of a Precept under the hand and seal of his Honor William Paterson esq., Lieutenant Governor and Commander in Chief in and over his Majesty's territory of New South Wales its dependencies etc.,etc., etc...

18th court met.

Thomas Donlan and Pierce Condron placed at the bar, vide indictment no. 1. Pierce Condon placed at the bar, vide indictment no. 2.

John Kennedy sworn, says he is overseer to Mr D'Arcy Wentworth. Says that he received information a sheep had been stolen and he went to the Chief Constable at Parramatta to get him to search the [134] hut where Pierce Condron was sleeping and there he found the fore quarters and the head. On examining Condron, he said a man of the name of William Davis brought it there, that he put the mutton into the cart and brought it into Parramatta. That he, John Kennedy, cannot say who the sheep belonged to, that he got the information from Thomas [ Croney ], Mr Wentworth's cowkeeper.

Thomas Croney sworn, says that he saw part of a sheep in Pierce Condron's house, but cannot say who brought it there and cannot speak to Pierce Condron.

John Curtis sworn, says that he missed a sheep belonging to government, but cannot say who took it nor can he swear to the sheep or skin as their ears have been cut off.

William Beaumont a constable sworn, says that he saw a sheep, and that Pierce Condron killed it, and cut the ears off, and that it belonged to government.

[135] The prisoner denies the charge.

Not guilty.

Note

[1] See also Court of Criminal Jurisdiction, Indictments, Informations and Related Papers, 1796-1815, State Records N.S.W., 5/1146, p. 19; Sydney Gazette, 20 August 1809.

Published by the Division of Law, Macquarie University