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

R. v. Donnison, 1837

stealing, cattle, grand jury, criminal procedure - magistrate, criminal prosecution of, Brisbane Water

Supreme Court of New South Wales

Dowling A.C.J., 27 February 1837

Source: Sydney Herald, 2 March 1837[ 1]

Monday, February 27, 1837 - Before the Acting Chief Justice and the following civil jury; John Coghill, Esq., J. P., foreman; William Dalton, cabinet maker; J. D. Campbell; Thomas Dixon, spirit merchant; Thomas Dunsdon, confectioner; Robert Crawford, Esq.; Lesslie Duguld, bank director; Prosper De Mestre, merchant; Randolph Dacre, merchant; Thomas Day, boat-builder; Thomas Collins, merchant; and Robert Dawson, iron founder.

Henry Donnison, of Brisbane Water, laborer, was indicted for feloniously killing one Ox, value 3l., one Cow, value 3l., and one Heifer, value 3l., the property of George Meadows at Brisbane Water, on the 10th May, 1834, with intent to steal the carcase; and Willoughby Bean, of the same place, yeoman, was indicted for that he, well knowing the felony aforesaid to have been committed, did receive, harbour, maintain, and assist the said Henry Donnison.

The Attorney-General opened the case - he said he had selected the present from a series of cases which had been presented to him in a huge mass of papers, and he must say that in the whole course of his public duty, he had never felt greater pain or had more regretted the mutilation of the jury system in the Colony.  The duty that had devolved on him would, in England, have devolved upon a grand jury of twenty-three persons, and involved too much responsibility for any one individual; and he hoped that it would not be long before the jury system in this Colony would be rendered complete by the introduction of grand juries.[2 ]  The rule he always s adopted was this; if, on a careful examination of the evidence, he was of opinion there was a prima facie case, he ground the bill, if not, he ignored it.  He had thought it right to say this much, because it had been said in some of the papers, that he was about to bring forward the present case in deference to the Magistrates.  He would admit that he had great respect for the Magistrates, but he was sworn to act according to his own judgment; and if that judgment differed from the opinion of the Magistrates, he should still act on it.  Besides, one of the prisoners (Donnison) was, at the present time, a Magistrate, and the other recently had been; and he felt it due to him to say, that he found, upon enquiry, that he had not been removed from the commission for any misconduct of his own, but in consequence of circumstances which were entirely without his control; and if he was actuated by any undue deference to the Magistrates, it was not likely he should have put them on their trial.  When a prima facie case appeared upon the depositions, of course, a gentleman was no more entitled to respect than a poor man, and he hoped the time would never come, when it could be said of this Colony as an eminent lawyer, Lord Redesdale, had once said of Ireland, "there is one law for the rich, and another for the poor." (The learned gentleman now stated the case as afterwards detailed in evidence, and continued.)  He was quite ready to acquit Bean of having made any profit by the transaction or of having known of Donnison's intention of killing the beast before it was done; but it was in order to screen his friend Donnison that he had gone before the bench and sworn that he had sold him the beast, and, therefore, he (the Attorney-General) had indicted him as an accessary after the fact.  (The learned gentleman quoted from a legal work, to shew that nay person who did anything to prevent the trial, apprehension or punishment of a felon was to be indicted as an accessary after the fact.)  He had, perhaps, made stricter enquiry in this than he would have done in an ordinary case, and when the jury had heard the evidence, he would ask whether, if the prisoners had not been Magistrates, there would not have been a case for the jury; if there would not, he must say that many men had been put on their trial wrongfully.  As Magistrates, the prisoners were not so much entitled to sympathy as other persons would have been, as they must have known the consequences of their crime.  After a few farther remarks, the learned gentleman called the following witnesses.

George Meadows said - I am a seaman; I came out with the Judge in the Hooghley, in 1828; when I came to the Colony I took charge of a little vessel belonging to Mr. Bean, called the Goldfinch trading to Brisbane Water.  I bought a cow and a heifer from Mrs. Watkins of Darling Harbour; I asked Mr. Bean's permission to take the cow and heifer to Brisbane Water in the vessel; I landed them on Mr. Bean's land, and asked Mr. Bean to let them rum on his land, as I had no run for them; he said he would, but he did not know how long he was going to stop there himself; shortly after that, I agreed with Mr. Richards, of Brisbane Water, to be his overseer; my business led me backwards and forwards to Tuggerah Beach, and I often saw the cow and heifer; the cow was called Colly, and the heifer Blossom, no brand was on the heifer; the cow was branded T W, for Thomas Watkins; an agreement was made between Waters and Bean, to take their cattle to Kuranga, and my cow was taken; the heifer was left; I often saw the heifer; she had a calf, which I authorised Mr. Acres' stockman to kill; the last place I saw the heifer was at Mr. Donnison's stock-yard, where Mr. Bean used to live; it was about two years and half ago; she was branded I M; she had had three calves; she was blind of one eye; I do not know how it was done, but a man named King, said he knocked it out; she was a poley cow, between red and yellow sides, sprinkled with red spots on the face, and had lost one eye; when I bought her she was about ten months old; Mr. Donnison sent to me to know if I would sell her? I went up, to the stock-yard and saw her, about two hours afterwards, with two men in a boat; the cow was there; Mr. Donnison was standing outside the fence when I walked up; I asked him what he wanted? and he said "this wild cow of yours is in my yard, and it is not for the value of her that I want to buy her, but because she leads my cattle astray;" I replied she was in good order, and I would kill her, and she would be no more trouble to him; he said "by the bye, I believe this cow is in dispute between you and Mr. Bean;" I said "if she is, how can I sell her?" he said Mr. Bean was in his house, and Mr. Bean came out and spoke to me, and said he believed the cow to be one of Mr. Richards's, and if I could find any clear proof she was mine, he would give her up; I said "Mr. Bean, you know she is mine, as well as I know you, and the clearest proof will be to go to the Police-office and there find out who she belongs to; I asked Mr. Donnison to grant me a summons for Mr. Bean, he said he had none, and I went to Mr. Warner, who granted a summons; I attended three times, once a fortnight, and Mr. Bean never attended; I then asked for a warrant, which Mr. Warner would not give; he said it was not a criminal offence, and I had better take the case to Sydney; I shortly afterwards left Brisbane Water, and came to Sydney to live; I asked advice from an attorney's clerk, and he said I should lose trouble and time, so I abstained from going on; I was not able to afford the expense; before she lost her eye, you could rub her anywhere in the bush; she was reared a pet; the cow I saw in Donnison's yard, on my oath, was mine; three or four months afterwards, I went to Mr. Donnison's to get a horse shod, and asked him if he had seen my cow about lately ? he said he had killed a cow belonging to me, but had bought her from Mr. Bean; she was called Blind Berry after she lost her eye; I do not know the name of the man who came for me to sell the cow; he was one of Mr. Donnison's Government men; Mr. Donnison did not name any price he would give for the cow; Mr. Bean's cattle ran at Tuggerah Beach, and I twice heard him order his men to turn her out of the stock-yard, as she belonged to me.

Cross-examined - I was examined at Brisbane Water about this case: I was summoned there in November last; I found out it was about the case afterwards; I prosecuted when I got there; Mr. R. Cape was at the Police Office; he did not tell me what I was wanted for; he did not shove me in by the shoulders, saying to the Police Magistrate, "here's a man that lost a cow," but he said so when I got into Court; Captain Faunce commenced with me then; I did not go of my own accord to lay any information about this case: I took two men in a boat with me for the purpose of killing her in the stock-yard; I should have killed her in Mr. Donnison's stock-yard if Mr. Donnison had not stopped me; Bean came out and told me the cow was in dispute; he would not take any other witness than Miles M'Grath, but he said that if Miles said she was mine, she should be given to me; she was then given to M'Grath, and he said Bean knew her as well as I did; It was three or four months after that she was killed; Mr. Donnison told me he had killed a cow I called mine, but he bought her of Mr. Bean, but if I brought proof to Mr. Bean that the cow was mine, he would pay me; I saw her on Mr. Bean's run about two years before that, when she was branded J. M., Mr. Manning's brand; she was then claimed as Mr. Manning's by Mr. Bean; I asked him how he came to put Mr. Manning's brand on her, and he said he thought she belonged to Mr. Richards; he said, "can you find any proof she is yours? and I replied, "there is hardly a stock-keeper in the district but knows she is mine; I went to Mr. Manning afterwards about a horse I had sold him; Mr. Bean was in partnership with, or was superintendent for Mr Manning; he had the management of the cattle; M'Grath lived six-and-twenty miles from me, and about fourteen miles from Donnison's; I did not go to him, because I did not think she would have been made away with; I had plenty of proof with me at Mr Warner's; the butcher was there, and the man I took to kill her; William Smith saw the cow when I took her down; I tried to brand a heifer once and broke her thigh, and I said I would never brand another; she was very weak when I bought her; I got the brand her mother was branded with in the bargain, but I never used it; I never swore at Brisbane Water that Mr Beam said that if Smith would say the cow was mine I should have her; I bought ten head of cattle; I never branded any of them; I had a cow and a calf from Mr Richards every year, that was my agreement; I only killed nine head, and I do not know what has become of the increase; I told Mr Donnison's men I would reward them if they would bring in my cow, I did not say I would give them two bottles of rum; I know William Smith; I have talked with him about this affair since I came to Sydney; Smith said he pitied Bean as he had behaved well to him, and I said I pitied them both; I left Brisbane Water on account of bad neighbours; Mr Donnison was one, raising false reports about the neighbourhood; Mr Donnison never sent constable to my house about grog sell; I t was never in his power; Smith offered me the money I had paid for the summons; he said Mr Warner had directed him to return it; he did not say Mr Warner considered it a matter for a Civil Court; I did not take it; I have no brands or marks on any cattle at Brisbane Water, but I ought to have some cattle; I did not point out the wrong cow when I went to Brisbane Water; I think it was before Bean claimed the cow that I was at Mr Manning's; I got to the Court at Brisbane Water about ten o'clock; I did not swear at Brisbane Water that Mr Richard Cape called me into the Court; Cape did not speak to me but he was turned out of Court for turning round; I heard Captain Faunce tell him to be silent, two or three times; this cow was in dispute for some time before she was killed? I should not have interfered after I left Brisbane if I had not been summoned.

Mr Kerr stated to the Judge that it was apparent that it was a case of disputed property, and cited (2) East's Pleas of the Crown, "that, in any case, if there be any fair pretence of property or right in the prisoner, or if it be brought into doubt at all, the Court will direct an acquittal, for it is not fit that such disputes should be settled in a manner to bring men's lives into jeopardy."

The Court - We must hear the prosecutor's case.

Re-examined - I should have lost time and money in following up the case; Mr. Cape never urged me to say anything but the truth; Mr. Donnison asked me if I had not left the District about my neighbours; he asked me if I was not called "Flash George," I never heard of being called so; I went six miles to give Mr. Donnison warning that a bailiff was after him - that did not look as if I was a bad neighbour; it was after I had sold the horse to Mr. Mauning [sic] that the cow was branded; Mr. Bean gave me a character to the Governor for a grant of land; I have not got it; I did not keep a copy of if; he recommended me.

By the Jury - I knew her by her marks; she was marked in the car when I bought her; Mr. Manning's brand was on her at the time of the dispute.

By Mr. Kerr - I told Mr. Donnison he should not have killed the cow until I had followed the matter up; I told him he had done the worst job he had ever done in his life; I might, have said she was in dispute between me and Mr. Bean, but I do not think I swore so at Brisbane Water.

Andrew Bourke - I am a farmer at Brisbane Water; I have known Meadows between eight and nine years; he was a sailor in the service of Mr. Bean; I recollect his bringing a cow and calf in Mr. Bean's vessel; Mr. Bean resided sometimes at Sydney and sometimes on the farm; the cattle ran sometimes on the farm and sometimes on Government land; I cannot describe the calf it is so long ago; I saw them with Mr. Bean's cattle; I was overseer for Mr. Bean and always looked on the cow and calf as Meadow's; Mr. Bean knew Meadows had a cow and calf there; I offered to buy the cow of Meadows; it is eight or nine years since I saw them; I always considered Meadows a quiet peaceable man.

Cross-examined - I know nothing about the calf; I know nothing more than that a cow and calf came by the vessel; I was always there, but Mr. Bean was not.

Robert King - I hold a ticket-of-leave for Brisbane Water; I was formerly assigned to Mr. Bean; I recollect Meadows claiming cattle on the run; he claimed three cows and a bull; "Blind Berry" lost her eye through me; I threw a stone or stick at her; Meadows claimed her, no one else did; Meadows said she came down by the sloop; all the people in the place considered her to be Meadows' property; I saw her several times both inside the cultivation paddock and out of it; before she lost her eye she was called "Blossom."

Cross-examined - The only reason why I know "Blind Berry" was Meadows', is because he told me so; he claimed three other cattle; Mr. Richards was on the farm but once in my time; I did not see the cow killed at Mr. Donnison's yard.

John Hillier - I am a butcher; I was assigned to Mr. Donnison; I was with him seven years; I recollect killing a yellow-sided poley cow, white back; she had a particular mark in her ear, and was blind of one eye; some months before I killed her, I saw her on the Plains; she was branded J M on the hip; I saw her in the stockyard when I was killing a beast; he told me he had bought a cow that Mr. Meadows claimed as his: before this he sent me to Mr. Meadows, to enquire on what terms he would sell her; Meadows was not at home; about two hours afterwards, Meadows and two men came up and went to the maser, abut I did not hear what passed; Mr. Meadows and Mr. Bean had some conversation, and Meadows went away in a passion, saying he would see further into it; Mr. Donnison had no hesitation that time about buying her; something was said about Sydney prices; about six months afterwards I got directions from my master to kill the cow; he said he had bought her; I said people said she belonged to Meadows, and he replied Mr. Bean would not take upon him to sell a cow unless he were justified in doing so; I did not see Mr. Bean at the stockyard when I was sent on the message; I think he came while I was gone; I killed the beast; the master asked me to look at the brand; my master said he had a doubt, as M'Roberts and Bean had some cattle running together, and I must be particular; it was not usual for Mr. Donnison to direct me to look at the brand; the brand was on old one, hard to make out; Mr. Donnison's cattle were not in good order at the time; she was fatter than any others in the yard; I am not aware that my master has preferred any charge against me, but I have heard a rumour since I first gave my evidence.

Cross-examined - I saw this cow on the Plains; there were other cattle there; there was a remark made about her being wild, either by Mr. Donnison or myself; we did not stop to look at her; when I went on the message to Mr. Meadows my master pointed her out to me.  Some of the men told me that Meadows had a cow that was wild, and he would either kill or sell her; I told my master I had heard so; I do not know who put the cow in the stockyard; I understand from my master he wished to purchases the cow; I never drank anything in Meadows' house; I cannot swear that I never said "why Meadows you do not know your own cow," I might shave said so; I do not know how old the cow was; she was a polled cow: the brand was old: I do not recollect looking in this cow's mouth.

Re-examined - I think I was to offer Mr. Meadows Sydney prices, or a farthing under it for the cow.

Alured Foster Faunce, Esq., I am a Captain in the 4th regiment, and Police Magistrate at Brisbane Water; I heard a charge of cattle-stealing against the prisoners; I recollect Meadows coming forward to make this charge; a summons was issued for him, at the instance of Mr. Richard Cape; Mr. Cape accused Mr. Bean of having sworn falsely in charging him with cattle-stealing; there was no particular charge made against Mr. Cape, merely generally cattle-stealing; he told me that he thought that Mr. Bean who had accused him was guilty of stealing the cow in question; he said that Meadows had once charged him, Mr. Cape, with stealing the cow in conjunction with Bean, and he wished Meadows to be summoned; Meadows was summoned in a case of perjury that I was investigating against Mr. Bean, and he then gave information about the cow; it appears by the records of the bench, a summons was issued about three years ago; M . Donnison said I need not examine Hillyer, as he acknowledged the fact of having killed the cow; this note was sent about a month after he gave evidence (note read - it requested Captain Faunce to have Hillyer in custody, Mr. D. had to prefer a charge of giving false evidence; and killing a bull, against him; charges which, for obvious reasons, he had not preferred before;) I replied to Mr. Donnison, that I declined bringing Hillyer up, as he had admitted the whole of his evidence, and that I considered it was a very improper time to bring the second charge, and that it appeared like retaliation; I do not know when the bull was  made away with; if these charges had been preferred before I investigated this affair, I should, of course, have heard them, Mr. Donnison said he had bought the cow of Mr. Bean, and Mr. Bean acknowledged it; in the first part he said he acted as Mr. Manning's agent; at one time he stated she was Mr. Manning's, then Mr. Richards's, and sometimes as his own.

Cross-examined - I recollect Meadows coming before the bench; I had summoned him at the request of Mr. Cape; the summons was to give evidence in a case of perjury; he did not give evidence; I dismissed the case; immediately after the perjury case was dismisses, I entertained a charge of cattle-stealing against the prisoners; I committed them both on a general charge of cattle-stealing; Mr. R. Cape was the prosecutor in the perjury case; they were in the Court when Meadows came in, and I examined him at some length before I took down the depositions; Mr. Cape brought Meadows in; I had Mr. Cape removed out of Court; Mr. Bean was taken unawares with this charge; Mr. Donnison was sitting on the bench with me; Mr. Donnison asked some questions; I let them go upon their own recognisance to appear when called on; I submitted the case to the Attorney-General, not wishing to be hasty; Mr. Donnison told me the Attorney-General was tired of the case; it was after Donnison was out on his parole that he wrote me the note; it did not strike me that the obvious reasons alluded to by Mr. D. were that the charge of cattle-stealing against himself had been pending, and was now dropped; I think it was the first day that I asked Bean for the account of the sale of the cow; Mr. Bean explained to me that he was once Mr. Richard's partner, and that Mr. Manning purchased Richard's cattle; if Mr. Manning sold the cow to Mr. Bean, of course, it would be his; Mr. Bean shewed me a receipt from Mr. Manning for thirty-three head of cattle; Mr. Donnison said that he purchased the cow from Mr. Bean.

Re-examined - Meadows seemed very determined to prosecute the case, but I do not think he was instigated to say what was not true by Mr. Cape.

Mr. Richard Cape - I have charge of Mr. Manning's cattle at Brisbane Water; I remember a cow which was delivered to me by Mr. Bean, as Mr. Manning's property; Mr. Manning's stockmen said it was the property of Mr. Meadows, and I told Mr. Bean so; Mr. Bean gave me a receipt for her as she was on his run; owing to the men continually bothering me about the cow; I spoke to Mr. Bean  on the subject, and he wrote me this letter - "Should Meadows claim any of Gray's cattle, you would, I think, do wrong, under any circumstances, to deliver them up without writing to Mr. Manning; why is Meadows' word to be taken in preference to Gray's men, who delivered them.  Meadows may claim the whole of Gray's. As to the beast claimed by Meadows on this run, I shall not give it to him or suffer him to take it, unless I am clearly satisfied of its identity."  This relates to the cow in question; this letter is dated March, 1834; the cow was delivered to me, and in consequence of what the stockmen said I would not keep charge of it, and she strayed back to Mr Bean's; I saw the cow branded as one that was to be delivered over to me; Mr. Bean said that if M'Grath would satisfy him that it was Meadows's, he would give it to him, but he would not believe Stacell and Flanagan; Mr. Bean swore before the Magistrates, that I was a cattle-stealer, and I brought him up on a charge of perjury; the case fell to the ground, I then charged Bean with stealing a cow the property of George Meadows, and Henry Donnison with receiving it, knowing it to have been stolen; I heard that day that the cow had been slaughtered, and of course I took advantage of it; I was charged with stealing the cow myself.

Cross-examined - Flanagan is not here; Mr. Bean was superintendent, and I was acting under him, the cow came to me with others; it was branded with Mr. Manning's brand, it was branded in my presence; I believe Flanagan, Stacell, and the rest were there; Meadows's name was mentioned by Lanigan and Mason; I do not recollect how Meadows's name was mentioned; I might, in the confusion of business, have put the brand on her myself; I had no charge of the cattle at the time: (the learned Judge here reprimanded the witness for not having put a stop to the branding, the moment anything was said about Meadows.)  I swore, at Brisbane Water, "there was  no remark made respecting the cow being Meadows's property;" Meadows's name was mentioned outside, but I do not know what about; I spoke to Mr. Bean about he cow several times; he said that if M'Grath would say it was Meadows's property, he should have it; I asked M'Grath, and he said he knew nothing about he cow; M'Grath has since told me that he believed the cow to be Richards's; at Brisbane Water, he said it was Mr. Richards's cow, and at Mr. Anderson's station, he said he knew nothing about it; I wrote this letter to Mr. Bean - "I shall give Meadows the cattle he claims, if I have to make them up from my own herds;" I thought it would be better to do so than go to law; there is a difference between me and Mr. Manning now; the cow strayed to Mr. Bean's, and he gave me a memorandum that he intended to kill her for Mr. Manning's use; I never played at cards with any of Mr. Manning's men; I have cooked their dinners; I am very glad to get a chance of playing at cards; Meadows said he had nine head running there, and with the increase, should be about twenty; I am not the prosecutor in this case, but I caused the proceedings; I was charged with cattle-stealing by Willoughby Bean, and of course I turned round and charged him with the same; in a case of cattle stealing against Mr. Moore, Mr. Bean said that I was so notorious a cattle-stealer that the Magistrates at Newcastle, had cried shame on the Brisbane Water police; had Donnison and Bean have let me alone, I should not have preferred this charge; I do not remember saying that if Mr. Bean was committed for perjury, his evidence would be of no weight in the Supreme Court; I did say that  Donnison, Bean, and Moore, had formed themselves into a company, for the purpose of claiming all the unbranded cattle in the District; I had no authority from Meadows, to commence this business; I entreated the Police Magistrate not to take bail, as I considered myself in danger.

Re-examined - I was the prosecution in the case of perjury; I have not been put on my defence in any case of cattle stealing. Mr Bean took no steps to ascertain the identity of the cow; he said he would not believe Lanigan and Stacell.

Jonathon Warner, Esq., J P. - I was Police Magistrate at Brisbane Water; I recollect Meadows applying for a summons for Mr Bean about three years since, which I granted; Mr Bean did not attend, and it never came to a hearing; from the explanation given by Mr Bean, I did not considerate was a case I had power to bring before my Court; the cow was then living; I considered Mr Bean's explanation satisfactory; Bean was in Sydney when I first summoned him; I believe there was an affidavit make by Meadows before I granted a summons; since I have seen the depositions I have been of a very different opinion; I was one of the Magistrates that thought it was not a case for bail; from Mr Bean's explanation, I looked upon it as a case of disputed property.

Cross-examined - I do not recollect whether the cow was claimed as Mr Manning's; knowing Mr. Bean's character, I considered his private explanation quite satisfactory; no warrant was issued, and I do not think the affidavit was such a one as I could have issued a warrant on; I knew nothing about Meadows' in December, 1835, Mr Donnison insulted me on the Bench; he protested against my proceedings, and I have not had a friendly feeling towards him since that; I do not recollect to have expressed any ill feeling recently; I have not to my knowledge expressed any ill feeling towards either of the prisoners this morning; I have conversed with Mr. Spark this morning; I do not recollect talking to any one else as I talked to him; I gave up my situation as Police Magistrate; Mr Donnison complained of me and I complained of him, and I have never received any answer to my three letters; I could not get any land in the district, this was the reason I gave up my situation, I considered the prisoners were no entitled to be admitted to bail; I thought there was strong presumptive proof of their guilt; I do not recollect telling Mr Plaistowe they should be sent down to Sydney in irons; I might have told him so; in the year 1834 I thought it was a case for a Civil Court.

Re-examine - In looking over the depositions I only saw this case; in consequence of the manner in which he expressed himself in the protest, I cannot have a good feeling towards him; but as a Magistrate I have no ill feeling towards him; in consequence of the difference between us, I refused to have anything to do with the case of cattle stealing then before the Court, and two servants of Mr Donnison were kept in confinement until captain Faunce came down.

James Hogan - I reside at Brisbane Water: I have know Meadows this seven years; I knew the cow "Blossom," afterwards called "Blind Berry" at Cockie Creek, Brisbane Water; Meadows asked me to go with him to Donnison's and help to kill the cow; I went as far as the yard; I did not hear what passed between Donnison and Meadows, but Meadows came away saying that Bean claimed the cow and he would see further about it.

Cross-examined - I heard Meadows saying that King had blinded the cow; I saw her in the yard, it was the cow he had always claimed; we were going to take away the meat in a boat.

The Attorney General said he had other witnesses, but as they carried the case no further he should close his case here.

Both prisoners declined to say anything to the Jury, but let the case go on the evidence of the prosecution.

The Acting Chief Justice then summed up at great length (nearly three hours) and the Jury without retiring from the box returned a verdict of - Not guilty.

The Attorney General said that as he had preferred the strongest of a series of cases, he should enter a noll prosequi in the two other informations against the prisoners that were then on the flies of the Court.

Notes

[1] See also Sydney Gazette, 28 February 1837; Dowling, Proceedings of the Supreme Court, Vol. 133, State Records of New South Wales, 2/3317, p. 27.

See also Donnison v. Faunce, 1837.  On 2 March 1837, the Sydney Gazette published one of numerous editorials on these ``Brisbane Water Cases" as they came to be known.  (There was also a further comment later in that issue.)  For another editorial, see Sydney Herald, 27 March 1837. 

[2] The Sydney Herald, 23 February 1837, published yet another of its many editorials on juries, but expressing the opposite view of that of the Attorney General.  It said that respectable men refused to sit in jury boxes with convicted felons.

Published by the Division of Law, Macquarie University