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

R. v. Baxter and others [1822] NSWKR 13; [1822] NSWSupC 13

R. v. Gardner

R. v. Kelly

R. v. Maddock

R v. Haggerty

R. v. Mullaton

housebreaking - attempted murder - accessory to offence

Court of Criminal Jurisdiction

Wylde J.A., 3 October 1822

Source: Sydney Gazette, 11 October 1822

            William Baxter James Gardner were indicted for feloniously entering the dwelling house of Mr William Whitfield, at a place called the Dog-traps, on the 23rd of July last; and the former prisoner was also charged with firing at and wounding, with a loaded gun, one Robert Hawkins, with intent to kill and murder. Baxter pleaded Guilty three several times; in order, he said, to exculpate his fellow prisoner, whose innocence he strongly asserted; but His Honor the Judge Advocate, strenuously enforcing upon the mind of the miserable man that such a plea neither would save the alleged innocent prisoner, nor be available to himself, he retired his former plea, and pleaded Not Guilty. It appeared that the prisoners entered the dwelling-house at the hour of midnight and that the prisoner Baxter immediately fired at the poor man (Robert Hawkins), who is slowly recovering from the effects of a dreadful wound, and that they then rifled the dwelling of all that could be found worth taking, and shortly after decamped. The evidence in support of the crime was too indubitable to admit of much hesitation as to the Guilt of the prisoners, to which effect the verdict was returned.

            The two last prisoners were again indicted for the perpetration of divers robberies; and Thomas Kelly, James Maddock, James Haggerty, and Patrick Mullaton, were arraigned as accessories after the fact.  Baxter was found Guilty.  Gardener, Acquitted.  The other prisoners were all declared Guilty, 7 years transportation.

Published by the Division of Law, Macquarie University