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

R. v. Smith and Dunsmore [1855] NSWSupCMB 15


Supreme Court of New South Wales, Moreton Bay

Stephen C.J., 30 May 1855

Source: Moreton Bay Courier, 2 June 1855, p. 2[1]

Matthew Stewart was indicted for assaulting one W.H. Collard, at Ipswich, on the 29th April last.

Mr. Faucett conducted the defence.

From the evidence of the prosecutor, it appeared that on the evening of the day named, a scuffle took place between him and John Clune in the house of the latter, and that afterwards the witness was assaulted outside, and kicked while down by three or four persons, but he did not know if Stewart, who was present, kicked him or not. Stewart and he were always good friends. On this occasion the defendant wore dark trousers, without coat or vest.

Ann Grant deposed that while walking with her cousin, Mary Grant, some two or three hundred yards from Clune's, on the evening named, they saw a mob of people there, and went up to Clune's. Witness saw Collard on the ground, and Stewart kick him. Stewart was dressed in dark clothes, without a coat. In her cross-examination, the witness persisted in denying that she had said Stewart was dressed in dark clothes, and maintained that the words she used were "dark trousers."

Mary Grant deposed that she saw a man in dark clothes kicking Collard, but she could not say who the person was. He wore a dark coat, and was not in his shirt sleeves.

His Honour addressed a very few remarks to the jury, who, without leaving the box, returned a verdict of not guilty, and the defendant was discharged.


[1] See also R. v. Clune and Clune, 1855.

Published by the Division of Law, Macquarie University