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

R. v. Hogan

stealing, horse

Supreme Court of New South Wales, Port Phillip

Willis J., 26 April 1841

Source: Port Phillip Patriot, 29 April 1841

Dennis Hogan, a native of the colony, stood indicted for stealing a bay gelding, value £55, the property of Dr. Patrick, on or about the 1st of February last. From the evidence of the prosecutor it appeared the horse in question had been castrated in December last, and after undergoing that operation, was turned out on the other side of the river. For about two months the prosecutor frequently saw the animal, until about the 9 th of April last, when it was missing. Prosecutor enquired of a man named Ewart if he had seen the horse, and from the information he received, he proceeded to Sidebottom's stables, and found the horse, which he identified as his property.

A witness named Allen deposed that he nought the horse in question from the prisoner, and paid £55 5s. 4d., and subsequently sold it to a gentleman named Kerr for £65, who hearing some awkward stories respecting the animal, left it at Sidebottom's, where it was claimed by the prosecutor.

Mr. Barry addressed the court for the prisoner, but produced no witnesses, and the jury returned a verdict of Guilty.

His Honor in passing sentence observed that he was sorry to learn from the Crown prosecutor's statement that the crime of horse stealing was becoming very prevalent in this district, but he was determined to check it if possible, and the example made of the prisoner this day, he trusted, would be a salutary warning to deter others from committing the like offence. Sentence, fifteen years' transportation.

Willis J., 26 April 1841

Source: Port Phillip Herald, 27 April 1841

Dennis Hoghan was indicted for stealing a gelding value £55, the property of David Patrick, at Melbourne, on the 1st February.

The animal in question belonged to Dr D Patrick. An operation had been performed upon it, the animal having a Dno the near shoulder was turned out on the other side the river on the 15 th December. It was seen occasionally by its owner up to the month of February. On the 9 th April Dr P. was informed that his horse was at Sidebottom's stables, and on proceeding there found that it was the same, and claimed by a gentleman named Kerr, who had purchased it of Isaac Allen for £65. Allen, it appeared had purchased from prisoner, on Mr Thornlows farm, for £55 5s. 4d. Mr Barry on behalf of prisoner could not offer any defence. He was found guilty and sentenced to be transported for fifteen years.

Published by the Division of Law, Macquarie University