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

R v Ryley (1830) NSW Sel Cas (Dowling) 328; [1830] NSWSupC 12

criminal procedure, indictment, error in, currency

Supreme Court of New South Wales

 

Hearing, 1830[1 ]

Source: Dowling, Select Cases, Vol. 2, Archives Office of New South Wales, 2/3462

[p. 308]

[An indictment charging the prisoner with stealing £20 in monies numbered "without going on to describe the sort of money, is insufficient]

The King v Thomas Ryley

Indicted for stealing in the dwelling house of Lindsay Nimo at Sydney on the 27th March last £20. in monies numbered.

Moore

Lindsay Nemo

I am a lime burner.  In March last I lived at the soldiers point in Cockle Bay.  I know the prisoner.  He was at my house last St Patricks day, I had my wife, myself, the prisoner and a man named Jennings.  We were drinking.  This was St Patricks night.  Doherty was there.  Towards the latter part of the day, I got a little in liquor, and I told Jennings to go home as it was getting late.  He refused.  I went back to my room and I took my Pistol, and said if you dont go, I will turn you out by force of arms.  I shut him out, he pushed the door open and renched [sic] the pistol out of my hand, in about 10 minutes, I was taken to the watchouse, the prisoner was outside the door and [p. 309] said you take charge of my place, you know I have got some money in the place and you have seen it, He had seen it that day.

I had about £24. in the house, when I left to go to the watch house, next day about 12 o'clock I returned home and I looked for my money and found it gone out of a little room upstairs, where I had left it under the bedside in a purse or a little pocket book.  It was £14 in notes and the rest in dollars.  The pocket book was large enough to hold the dollars I laid them on top of the notes and tied a cord round.  Mostly all dollars never saw any of money again.  The prisoner had been to my house the day before and wanted some little things on trust to put him over Patricks day I let him have 2 oz of tea and 2 a pound of sugar and a passbook to get him 2 or 3 lbs of meat out of a butchers shop next day after coming from the Court I saw him [p. 310] at his own place handling a deal of money.

Not guilty

Monies not described.

 

Notes

[1 ] From its position in the notebook, it is likely that this trial was held between March and June 1830.

Published by the Division of Law, Macquarie University