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

R v Fox [1833] NSWSupC 35

murder - confession

Supreme Court of New South Wales

Dowling J., 24 May 1833

Source: Sydney Herald, 27 May 1833[1 ]

Joseph Fox was indicted for the wilful murder of Mary Burns, by shooting her in the head, with a gun loaded with powder and shot, between Sydney and Parramatta, near Burwood, on the 28th March.

There was no evidence to bring any charge home against the prisoner in this case, save his own confession made before the Parramatta Bench, when he surrendered himself, and he stated that while driving his master's cart to Sydney, some person came up to it, whom he took to be a man, as she was wrapped up in a great coat, when he called out to know who was there, and while turning round the gun, which was in the cart, went off, without any act on his part to cause it to do so.  This statement being totally uncontradicted, and Mr. Icely, who knew him for five years, giving him a most excellent character for humanity, the Jury found him not guilty, and the learned Judge, in discharging him, observed, that he left the bar a respected man, from the very high character which had been given him.

 

Notes

[ 1] See also Sydney Gazette, 25 May 1833.

Published by the Division of Law, Macquarie University