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

R v Mackay and Dickenson [1826] NSWSupC 18

bushrangers bake a cake - robbery in dwelling house

Supreme Court of New South Wales

Stephen A.C.J.,[1 ] 8 March 1826

Source: Australian, 9 March 1826

 

Patrick Mackay and Isaac Dickenson were indicted for robbing in a dwelling house, and putting the inmates in bodily fear.

It appeared in evidence that eight bushrangers on the night on the 14th January demanded admittance into a hut situated on St. James's Glebe.  Its occupants at first prepared to make resistance  this proved ineffectual.  They burst open the door, and came in.  Some of the party kept watch outside, whilst the others refreshed themselves within, and baked a cake.  Michael Fogarty, the master of the hut, and two of his companions, were laid on a bed, with a threat that there lives should be taken if they did not give up their arms.  Having obtained from Fogarty the key of his box, they rummaged it, carrying off its contents, consisting of wearing apparel, &c.  With regard to the prisoners identity, the evidence was rather vague  Fogarty being positive that the two prisoners at the bar were of the party; that he knew them both before that time, and could see them disrectly [sic] by the fire-light, and that three of the men since executed were also present.  whilst Dennis Dinahone, who was his companion in the hut at the time of the alleged attack, could not affirm that either the prisoner Mackay or Dickenson was present.  Besides, in answer to a question from the prisoner Dickenson, Fogarty acknowledged that he had met him some days after the alleged robbery on the Parramatta-road, at which time he told him he knew that he Dickenson was at the robbery, but subsequently meeting two men, he denied knowing who the persons were that entered his hut.  Verdict  Not Guilty.

 

Notes

[1 ] Forbes C.J. was on sick leave from 23 February 1826 until 29 May 1826; John Stephen was Acting Chief Justice in this period: see Australian, 23 February and 3 June 1826.

 

Published by the Division of Law, Macquarie University