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

R. v. Parry [1852] NSWSupCMB 13

stealing

Supreme Court of New South Wales, Moreton Bay

Stephen C.J., 18 May 1852

Source: Moreton Bay Courier, 19 May 1852, p. 2S[1]

Owing to the detention of the steamer, the Court was not opened till this day. His Honour took his seat on the Bench shortly after noon, and the panel was called over, each juryman being handed a formal summons from the Sheriff, as he answered his name. His Honour stated that he was informed of the delay which had occurred in the issue of jurors' summonses, and of the expedient adopted in consequence, and as it was a point of doubt whether they were absolutely bound to attend under those circumstances-so much so that he should have hesitated to fine any one for failure; he considered that the jurymen who had so attended had evinced a very creditable spirit, and were entitled to the thanks of the court and of the country. He would mention, to save trouble that on his arrival in Brisbane he had taken steps to remedy the omission, which had occurred through an accident not necessary to particularize. He stated this so that it might be known that no ground existed for objections on behalf of prisoners, the Deputy Sheriff being now duly appointed, and the jurymen being summoned under the Sheriff's own hand. At the same time he would of course receive any objection that might be made. His Honour further expressed his intention to open the court each day at 9 o'clock.

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JOHN PARRY was indicted for stealing an order for £19.9s. 4d, the property of William Bown, at Ipswich on the 16 th September last. A second count charged him with receiving: It appeared from the evidence that one William Bown had been lodging at the house of the prisoner, who was a publican at Ipswich, and that he lost the order named in the indictment from his pocket, on a day when he had been tossing with the prisoner's wife for a bottle of wine. From suspicious circumstances which arose, the prisoner was accused of the robbery, and examined at the Ipswich Police Office, but discharged for want of evidence. Subsequently he paid the order over to Mr. H. M. Cockburn, a storekeeper in Ipswich, who, having discovered that it was a stolen one, spoke to the prisoner, who said that he had not stolen it, but that Bown was robbed of it at the house of "Ellen the cutter," (a place of ill-repute in the township). The prisoner, who is the late pugilistic Champion of the Colony, had no witnesses to call for his defence. The Jury found him guilty on the second count, and he was sentenced to six years hard labour on the roads. He referred to a Mr. Downs and Mr. Douglass, of Sydney , for a character, and his Honour intimated that inquiries should be made, which if satisfactory, might result in the remission of some portion of the sentence.

The Court then adjourned.

Note

[1] See also R. v. Parry, 1851.

Published by the Division of Law, Macquarie University