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

R. v. Benson and Cook [1840] NSWSupC 45

Aborigines, killing of, Melbourne

Supreme Court of New South Wales

Dowling C.J., 15 August 1840

Source: Sydney Herald, 17 August 1840

William Benson and John Cook, who had been committed at Melbourne for shooting the aborigines, had not been put on their trial, in consequence of a communication, which was expected by the first mail, from Melbourne, which the Attorney General was of opinion would enable him to discharge the prisoners, on their own recognizance; he would therefore merely request that they should be kept in custody till that document arrived, when he would authorise the Sheriff to liberate them.  The Court acceded to the Attorney General's suggestion.

Dowling C.J., Willis and Stephen JJ, 15 August 1840

Source: Australian, 18 August 1840

William Benson and John Cooper, charged with shooting aboriginal natives, the Attorney-General said he would discharge, on his own responsibility, if sufficient proof to criminate them could not be found in a reasonable time.

Published by the Division of Law, Macquarie University