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

R v Swainstone (1832) NSW Sel Cas (Dowling) 304; [1832] NSWSupC 103


Supreme Court of New South Wales

Dowling J., 7 February 1832

Source: Dowling, Notes for Select Cases, S.R.N.S.W. 2/3466, p. 128[1] 

A forged order for the delivery of goods in these terms "Sydney 5th November 1831. Let the bearer have wearing apparel to the amount of £5 on account of the ship Vibilia, Dawes Gore & Co Agents, Mr Davis Sydney", is not an order within the meaning of the statute, it not appearing that the person drawn upon had my authority to supply the goods, or the supposed drawer any authority to draw for such goods, both being strangers to each other.

On 5th November 1831 at Sydney forging &c an order for the delivery, "Let the bearer have wearing apparel to amount of £5 on account of the ship Vibilia, Dawes Gore & Co, Agents". 1st count: Intent to defraud William Davis. 2nd count: Uttering the same knowingly.

William Davies. I am a master tailor residing in Pitt Street. I recollect the 3rd November last and I saw the prisoner at my house. He called to order some clothes, and I did not know him before. He said his name was James Gibbs and that he was steward of the ship Vibilia and requested a suit of clothes to be made by the Saturday following. I measured him for a jacket waistcoat and trousers he said he would call for them on the Saturday evening following, and if not I was to take them onboard the Vibilia on Sunday morning. He then went away.

He called on the Friday in the evening and he asked me if I was making the things and I said they should be ready by the time appointed. He came again on Saturday evening at 6 o'clock. I shewed him the clothes and he fitted them on and he told me to pack them up for him and that he would go to the captain and get the money. He then selected the two shirts and two pairs of stockings and the clothes were to come to £4.10 and 4 yards of shoe ribbon, the whole to be £5.6. I agreed to give 6d up. I made out the bill for him, and he said he would go to the captain and get the money and left my house in a quarter of an hour after.


[1] The balance of the evidence is contained in Proceedings of the Supreme Court, Vol. 62, S.R.N.S.W. 2/3245, p. 38 and was not reproduced in the Notes for Select Cases.

Published by the Division of Law, Macquarie University