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

R. v. Cain [1840] NSWSupC 46

murder, Melbourne, Port Phillip District

Supreme Court of New South Wales

Dowling C.J., 15 August 1840

Source: Sydney Herald, 17 August 1840

In the case of John Cain, who had been committed for trial on a charge of murder by the bench at Melbourne, the Attorney-General had not deemed it his duty to proceed to trial, as there were such a great number of material witnesses in the case that he had no hopes of being able to get above one half of them brought together to Sydney, besides, he was in hopes that before next session there would be a court established at Melbourne to try the present and similar cases, and if that was not done, a commission must be applied for, as the expenses and delays and confusion caused by the cases from Port Phillip being tried in Sydney, were enormous.

Published by the Division of Law, Macquarie University