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

R. v. Wood [1809] NSWKR 4; [1809] NSWSupC 4

stealing, bill of exchange

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]

[136] Francis Wood placed at the bar, vide indictment no. 4.

           Thomas Lewer being sworn, says that he saw the prisoner at the bar at the Hawkesbury on the 11th of July. That she went with him into Thomas [ Rasseny's ], who keeps a public house. That after having remained there some [137] short time, as soon as he got home he missed his book, in which was the bill in question. Being shewn the bill, says he cannot swear it, as he cannot read. That thinks it is the same he had in his possession.

           William Wood sworn, says that the bill in question was given him by the prisoner for the purpose of his laying it at Mr Abbott, which he did at two different times. She informed him she had found it. Deponent says that he endorsed the bill. The articles produced, he says they are the same he got from Mr Abbott for the bill.

           Mr John Redman Chief Constable sworn, says that he found the articles now produced under a hearth stone in the prisoner's room.

           Mr Edward Lands sworn, says that the articles now produced, he sold to Mr Woodson or Woods, for which he received in payment the bill of Biggars for £51.5.1.

           [138] Thomas Biggars sworn, says that the bill in question was issued to him.

           The evidence on the part of the Crown being closed.

           The prisoner delivers into court the paper no 1. and calls Andrew Nash who being sworn. Question by prisoner. Did you not take me out of the house I slept in at Rasseny's, did carry me to Abbotts?

           Answer. I am not certain, I believe I was there and you went out from thence.

           2. Was I ever in Mr Lewer's company or ever sat nigh him?

           Answer. It is not within my knowledge, but again might have been. I was frequently backwards and forwards.

           John White sworn, says that he heard Lewer accuse Abbott and his wife with having stolen his pocket book.

           Charlotte Abbot sworn. Did you see me nigh Thomas Lewer when I was at Rasseny's?

           Answer. No, I did not.

           Not guilty.

Note

[1] See also in State Records N.S.W., Court of Criminal Jurisdiction, Miscellaneous Criminal Papers, 5/1152, p. 307; Court of Criminal Jurisdiction, Indictments, Informations and Related Papers, 1796-1815, 5/1146, p. 25; and Sydney Gazette, 20 August 1809.

Published by the Division of Law, Macquarie University