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

R. v. Henshaw and Spears [1818] NSWKR 10; [1818] NSWSupC 10

assault - Aborigines, attacks on

Court of Criminal Judicature
Wylde J.A., 14 August, 1818
Source: Court of Criminal Jurisdiction, Informations, Depositions and Related Papers, State Records N.S.W., SZ784 COD 444

           [301] Police Office Sydney

John Henshaw and John Spears charged with violently assaulting and ill treating two of Commissary Allan's Sons, and certain of the Native Blacks.

           Fully committed.

For trial 14th August 1818.

           [303] David Allan the Company General of the Forces lay duly sworn deposeth. This morning as I was on the race course during the time the troops were bade Arms, I saw several Boys throwing Stones at [?] for Henry Allan, and pursuing him towards [?] or Enquiry, I ascertained that he was thus pursued in consequence of being pelted with stones by a number of Boys. I immediately went to the Boys and I saw the Boy John Henshaw who appeared to be a leader of men who took No apart my sons as aforesaid. I took hold of him and conveyed him before the Superintendent of Police. On searching him and Spears a stone in his Pocket similar to that with which my Family had been before assaulted.

           Sworn to me this 12th August. R Allan.

[signature]

           Robert Allan Son of the preceding Deponent sworn with. I saw the Boys John Henshaw throw stones [305] at my Brothers. Several other Boys did the same but Henshaw offended and be there leader. My Brother Henry was obliged to run home for Protection. I saw my father seize the Boy Henshaw, on which he dropt three stones from his hands.

           R. Allan.

           Sworn before me the 12 Aug

[signature]

           Committed for Trial

           Robert Allan the Preceding Deponent being sworn further saith - the Boy John Spiers, now present was also a Leader of the Boys who threw Stones (as deposed to by me in the Preceding Deposition) at my Brothers and the Blacks.

           R. Allan.

           Sworn before me the 12 August.

[signature]

           Committed for Trial

           [307] To be exhibited ...

           The King

           Against

           Henshaw and [Others]

           Fully Committed.

14th August 1818.

           [309] In the Fifty eight year of the Reign of our Sovereign Lord George the third by the Grace of God of the United Kingdom of Great Britain and Ireland Kings Defender of the Faith.

New South Wales

to wit....              } Be it remembered that John Wylde Esquire Judge Advocate of our Sovereign Lord the King for the Territory of New South Wales and its Dependencies who for our said Lord the King prosecutes in his behalf in his own proper person Came into the Court and Criminal Jurisdiction at Sydney in the said Territory for the Trial of all and all manner of Felonies Misdemeanours and of other offences committed within the said Territory or its Dependencies or within any part thereof on Tuesday the fifteenth day of September in the fifty eighth year aforesaid and in the year of our Lord one thousand eight hundred and eighteen and for our said Lord the King gives the said Court to understand and be informed that John Henshaw late of Sydney in the Territory of New South Wales Labourer and John Spears late of the same place Labourer on the twelfth day of August in the year of our Lord one thousand eight hundred and eighteen, with force and arms at Sydney aforesaid in the Territory - aforesaid in and upon Robert Allan and Henry Allan in the peace of God and our said Lord the King then and there being did make an assault and therein the said Robert Allan and Henry Allan, there and [?] did beat bruise wound and ill treat so that their lives were greatly despaired of and other wrongs to the said Robert Allan and Henry Allan then and there did to the great damage of the said Robert Allan and Henry Allan and against the peace of our said Lord, the King his Crown and Dignity,

           [312] 16

           The King

           against

           Henshaw and Spears

           Information

           Witnesses:

                       David Allan

                       Robert Allan

           At instance of Mr Allan the [?] Deponents swore

... but reprimanded and destroyed by the Court.

Published by the Division of Law, Macquarie University