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

In re Campbell [1840] NSWSupC 94

criminal conversation, lawyer, hack, insolvency, imprisonment for debt, Gundaroo, costs

Supreme Court of New South Wales

Dowling C.J., 12 October 1840

Source: Australian, 15 October 1840

            MONDAY - Before his Honor the Chief Justice, and a Common Jury.

Crim Con. - Campbell v. Shea. - This was an action brought by the plaintiff, who is a settler residing at Jamberoo, against the defendant, who is a schoolmaster at the same place, for seducing the affections, and depriving him of the society of his wife. It appeared that in the latter end of last March the plaintiff married his present wife, to whom, however, the schoolmaster had previously been paying his addresses. After their marriage the new married couple went to live on the western road, but the lady being discontented, the plaintiff removed, at her request, to Jamberoo, where             he possessed three hundred acres of land, and during the time a house was being erected for their residence; they went to reside with the wife's father, where the defendant also resided. The defendant, under pretence of improving her handwriting, carried on an intrigue with the wife, which led to the present action. For the defence it was proved that the plaintiff had left a wife still living in Ireland, and that he was the father of several illegitimate children, and had led a dissolute life. Verdict for the defendant.

Stephen J., 24 November 1840

Source: Sydney Herald, 25 November 1840

Thomas Campbell who brought the crim. con. action during last term, in which a verdict was returned for the defendant, had been incarcerated for the amount of the costs in that action amounting to £52.  The Insolvent had paid a hack lawyer named Deavourine, residing in Gaol, two guineas (under the impression that he was a professional man) in order to prepare his schedule, &c.  His Honor expressed a hope that the Judges would make some arrangement, for one or two professional gentlemen being employed by the Court to manage the Insolvent business, for as things are at present managed, there is as much money abstracted from Insolvents as would remunerate a professional man, at the same time no case is properly prepared.  The insolvent was remanded to amend his schedule.

Stephen J., 27 November 1840

Source: Sydney Herald, 28 November 1840

            Mr. Campbell, of Gundaroo, who was incarcerated for the expenses of the Crim. Con. case, paid the sum of £52 0s. 5d. as the costs claimed.  Mr. Smith of the firm of Chambers and Holden, applied to his Honor under the 9th section of the act for the taxed costs of the opposition, at the same time he was willing to accept of the sum of £5 in full of the said costs.

            His Honor stated that he thought he would be justified in allowing the costs of the opposition.  The insolvent then paid the £5 and having been admonished and sworn to his schedule was discharged.

Published by the Division of Law, Macquarie University