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

R. v. Dargon and others [1823] NSWKR 8; [1823] NSWSupC 8

R. v. W. Dargon

R. v. Freeman

R. v. Baker

assault, police victim - convict escape

Court of Criminal Jurisdiction

Wylde J.A., 25 April 1823

Source: Sydney Gazette, 1 May 1823

            James Dargon, William Dargon, James Freeman, and Abraham Baker, were indicted for a violent assault on some of the Windsor Police, on the afternoon and evening of the 17th of March last. From the evidence it appeared that the prisoners had not only endeavoured to impede the course of justice, by rescuing a convict, who was in charge of the police at the time, on the way to the gaol, but that also they knocked down the officers of the police, and maltreated them severely, so much indeed that surgical relief was found necessary to be obtained in behalf of the poor man, who was thus flagrantly obstructed in the performance of his important duty. The prisoners, with the assistance of a mob, actually succeeded in once rescuing the convict; and in two hours after, when again apprehended, they renewed their attack on the officers of justice as violently as ever. Several witnesses were called on behalf of the prisoners, but their testimony was of that very suspicious cast, that it had the effect of bestowing confirmation to that adduced on the part of the Crown. After a patient investigation of the case, the Court retired, and shortly after returned with a verdict of Guilty against all the prisoners. Joseph Dargon, to be imprisoned in His Majesty's gaol at Newcastle for six months; to pay a fine to the King of £50; and to be imprisoned till such fine be paid; after which, to enter into security to keep the peace for two years, himself in £100, and two sureties in £50 each. William Dargon, to be imprisoned 3 months in one of His Majesty's gaols; to be fined £10; and afterwards to enter into like securities with the other Dargon, his brother James Freeman and Abraham Baker, to be imprisoned in one of His Majesty's gaols; for 3 months; and then enter into the above securities for the same period. It is most anxiously to be hoped, that the issue of this trial, as well as others that seem to be too hastily forgotten, will have a proper effect upon the minds of the native youths of the Colony, who should be more ready to protect the laws for there own safety and welfare, than be instrumental in their violation.

Published by the Division of Law, Macquarie University