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

R. v. Priest [1842] NSWSupC 42


Supreme Court of New South Wales

Dowling CJ, Burton and Stephens JJ, 29 April 1842

Source: Sydney Herald, 30 April 1842

            In this case Mr. PUREFOY moved that the prisoner should be admitted to bail. The application was grounded on two affidavits, from which it appeared, that at the last Maitland Circuit Court, the prisoner was arraigned upon a charge of shooting at one Anthony Ormsby, an ensign in the 80 th regiment of foot, with intent, &c., but that in consequence of the absence of a material witness for the prosecution, the trial was postponed by the Crown, and the prisoner remanded to gaol; the affidavits further stated, that the prisoner was sixty-seven yards distant from the window of the court house at Newcastle, where Mr. Ormsby was standing, at the time the shot was fired by the prisoner, and the gun was only loaded with small shot, four grains of which only entered the window, and struck Mr. Ormsby in the breast, but did not penetrate his skin.     

            The application was opposed by the Attorney-General, but their Honors directed the prisoner to be admitted to bail, himself in £80, and two sureties in £40 each; the bail to justify before the police magistrate at Newcastle.

            After taking several other motions, the court adjourned at about four o'clock until ten o'clock this day.

Published by the Division of Law, Macquarie University