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

R. v. Marsden [1821] NSWKR 21; [1821] NSWSupC 21

highway robbery, assault

Court of Criminal Jurisdiction

Wylde J.A., 27 July 1821

Source: Sydney Gazette, 28 July 1821

            Henry Marsden was indicted for a highway robbery and assault on the person of Michael Henderson, on the 20th of November last. From the testimony of the prosecutor it appeared, that he was travelling homewards, about four miles from town, on the evening of the day named in the indictment, and that upon just quitting the toll-gate, he was prevented from proceeding onwards by two ruffians, who violently attacked him. He, the prosecutor, valiantly contended for the safety of his person and property for the space of ten minutes, when a reinforcement of two other villains came up, and speedily overpowered him.

            The wretches unfeelingly reduced Mr Henderson to a state of nudity, and then left him. The circumstances that led to the apprehension and trial of the prisoner was, the fact of the articles of wearing apparel being subsequently found in his possession, for which he was now thus called to account. After a patient investigation, however, of the case as it stood against the prisoner, and the evidence adduced to establish his innocence, nothing appeared that could warrant the Court to pronounce a verdict of guilty against the prisoner, and he was accordingly directed to be discharged.

Published by the Division of Law, Macquarie University