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

R. v. Wellington and Frying-pan [1842] NSWSupC 49

Aboriginal defendant

Supreme Court of New South Wales

Burton J., Maitland Circuit Court, 11 March 1842

Source: Australian, 15 March 1842

Wellington and Frying-pan, Aborigines, were placed at the bar. On an affidavit by Mr. Commissioner Mayne, that the interpreter he had been instructed to procure for the Crown was at a distance of 500 miles from Maitland, but would attend next assizes, the Court ordered that the prisoners should be remanded till next sessions.

Source: Sydney Gazette, 22 March 1842

The Duke of Wellington, and Fryingpan , Aboriginal Natives, the former on a charge of spearing cattle, and the latter charged with injuring her Majesty's white lieges, were remanded until next assizes on the motion of the Solicitor General, founded on the affidavit of Mr. Commissioner Mayne, that the interpreter engaged for the prosecution, was living at a distance of five hundred miles from Maitland, and consequently could not be brought down in time. This was ordered by the Court.

Published by the Division of Law, Macquarie University