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

R. v. Westwood [1841] NSWSupC 40

bushranging - Berrima

Supreme Court of New South Wales

Stephen J., 15 April 1841

Source: Australian, 20 April 1841[1]

            THURSDAY, April 15th - His Honor entered the Court at ten o'clock this morning, and the jury having been empanelled -

            William Westwood alias Jackey Jackey, (an assigned servant) a notorious bushranger, against whom there were several other indictments, was then placed at the bar. This case occupied but a short time, and the circumstances of it will be best learnt by the following evidence:- Robert John Shirriff, being sworn, deposed, that he is superintendent at Arthur's Lee, one of the Stations of H H. Macarthur, Esq. On the 11th of January last he was on his way to one of the sheep stations, he got off his mare at one of the huts on the road, when the prisoner and another man came up to him; prisoner asked him who he was, and witness told him;he then said, "I don't wish to harm you but I must have the mare." He had a pistol in his hand, and his companion carried a double barrelled gun; witness had on spurs, which the prisoner forced from him, put them on, mounted the marc, and rode off. The mare, which was worth £50 had on a saddle, bridle, and martingale, altogether worth between £4 and £5; did not see the mare afterwards, did not know who the prisoner's companion was.

            Randall Stephen Powell, is a magistrate, remembers capturing prisoner on Wednesday the 14th of January; witness knew the mare to be the property of Mr. H. H. Macarthur; pursued prisoner to the township of Bungadore, when he saw witness he rode off, followed him for two miles, until his horse knocked up before reaching him. Prisoner had a fowling-piece but no pistol, he would not lay down his arms for some time, but made no resistance.

            The learned Judge briefly summed up, and the jury immediately returned a verdict of Guilty.

            The Solicitor-General prayed the judgment of the Court upon the prisoner. His Honor passed upon him a sentence of transportation for life.

Notes

[1]              This trial was held in Berrima, as to which see Speech to Jury (3), 1841.

Published by the Division of Law, Macquarie University