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

R. v. Fenton [1840] NSWSupC 6

shooting, bushrangers, Berrima

Supreme Court of New South Wales

Willis J., 3 February 1840

Source: Sydney Herald, 7 February 1840[1]

Alexander Fenton was indicted for shooting at Christopher Tiplady, at Nattai, on the 20th July.

Chalker's public house, near Berrima, was attacked by three bushrangers; knowing that there were some soldiers encamped in the neighbourhood Mr. Chalker ran to them to give the alarm.  While he was gone one of the bushrangers, the prisoner, went to the kitchen and told Tiplady, the cook, if he did not come out he would shoot him; Tiplady said, "fire and be___ "; the prisoner then went into the house to get the other two men to assist him to open the kitchen door; Tiplady followed him, and at the door of the house the prisoner fired a pistol at him: the pan was so near to his eyes that the flash blinded him for a short time, but, luckily, the ball missed him; the prisoner then levelled and fired a musket at him, and thirty slugs entered the wall behind him, but none of them hit him.  The alarm that the soldiers were approaching was then given, and the bushrangers ran away, taking nothing with them.  When called upon for his defence the prisoner said "I don't see that I can say anything.".  Guilty - To be transported for life.

Notes

[1]              See also Australian, 8 February 1840.

Published by the Division of Law, Macquarie University