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

R v Dailey and Neary [1825] NSWSupC 40

punishment - transportation

Supreme Court of New South Wales

Stephen J., 6 September 1825

Source: Australian, 8 September 1825


John Dailey and Patrick Neary were found guilty of stealing one waistcoat, value 10s. the property of Wm. Clare.

Verdict Guilty. - To be transported for seven years.

The prisoner Dailey, upon hearing sentence pronounced by the court, clasped his hands together in the greatest agony, exclaiming, "Oh, my God, is it come to this!" - It appeared that he had only received his certificate of freedom a few days before he was apprehended on the above charge.[1 ]



[1 ] The Sydney Gazette, 8 September 1825, gave more detail of the facts, but not the defendant's comment.  The two defendants provoked Clare into agreeing to a fight.  He removed his waistcoat, a crowd gathered, and in the confusion, the defendants made off with the waistcoat and two dollars in its pocket.  Dailey's (or Daley's) ruse of burning his own waistcoat in prison and claiming Clare's to be his own, was unsuccessful.

Published by the Division of Law, Macquarie University