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

R. v. Smith and others [1822] NSWKR 24; [1822] NSWSupC 24

R. v. Smith and others

Court of Criminal Jurisdiction

Wylde J.A., 24 September 1822

Source: Sydney Gazette, 27 September 1822

            Charles Fell deposed, that he was a stock-keeper in the employ of Mr Chipendall, at Minto, and that on the day named in the information he lost a heifer from the flock of which he had the charge. Next morning he went in search of the animal, and about a mile from his master's house saw a man (the prisoner Smith) in a field of wheat; that he enquired at him whether any cattle had been seen in that quarter, and was answered in the negative. The man had an axe, and seemed to be burying something in the earth. As soon as Smith left the spot, the witness went towards it, and found the hide of a beast only half covered; that he examined the same, and it turned out to be the skin of the very animal he was in quest of, having the brand M. R. removed ...for the ends of justice) undestroyed. He brought the hide immediately to his master, Mr Chippendall whose testimony went to corroborate that of his stockman, with this addition only that upon further search, these bags of beef were found contiguous to the spot, and not far distant from the huts of a clearing gang; that which the prisoners at the bar occupied was about half a-quarter of a mile off. The testimony of John Chippenall also agreed with the foregoing.

            Anthony Bogan, overseer of the gang to which the prisoners belonged, deposed, that he was employed on the estate of William Howe, Esquire; that upon the evening of the 28th June last, he mustered the prisoners and found them then all in their hut, with three others, whose names were McCarthy, Bell, and another Smith.

            An approver of the name of John Bell, deposed, that he slept in the hut with the prisoners, and that upon the night mentioned, the head of a beast was brought in by them, and cooked.

            Daniel McCarthy, another of the parties implicated in this transaction, further reluctantly deposed, that the prisoner William Smith, who pleaded guilty, killed the animal with an axe while he held it by the horns, and that the other prisoners, Conden and Mullin, were present. The prisoners were adjudged Guilty. Remanded.

Published by the Division of Law, Macquarie University