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Decisions of the Superior Courts of New South Wales, 1788-1899 |
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Published by the Division of Law Macquarie University |
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[child, defendant in crime - arson - death recorded - sodomy] R. v. Rooney Supreme Court of New South Wales Burton J., 17 February 1834 Source: Sydney Gazette, 20 February 1834[1]
Samuel Rooney was indicted for arson. The prisoner, who is a mere child, apparently not more than 14 or 15 years of age, was found Guilty, on strong circumstantial evidence, and remanded. His master's wheat stack, which it appeared he had set fire to, was entirely consumed.
Forbes C.J., Dowling and Burton JJ, 24 February 1834 Source: Sydney Gazette, 27 February 1834[2]
Samuel Rooney, convicted of setting fire to a stack of wheat, was ordered to have judgment of death recorded against him. Mr. Justice Burton, addressing this young criminal, told him that the crime of which he had been found guilty left the Court but one alternative - either to pass upon him the awful sentence of death, or to order judgment thereof to be recorded against him. By destroying this wheat he had deprived two poor men, in all probability of their whole support till another harvest; at all events, he had scattered to the winds a very considerable portion of their property. In compassion however to his youth he had adopted the latter method, and should lay his case further before the Governor, recommending His Excellency to commute that sentence to one more suitable to his age; of which he would not fail to suggest that frequent whipping should form a part.
Notes [1] See also Australian, 21 February 1834. The judge's trial notes are in Burton, Notes of Criminal Cases, State Records of New South Wales, 2/2412, vol. 9, p. 181. The notes say that he was a boy of about 13. The also describe his civil condition as ``bond," that is, a convict. See too, R. v. Samuel Jones, Sydney Gazette, 13 February 1834; Australian, 14 February 1834. He was a boy of 16 or 17, who was convicted of sodomy. Another boy, Charles Baker, was convicted of stealing in dwelling house. He was sentenced to 50 lashes for the first offence, and hard labour on roads for two years on the second: Sydney Herald, 20 November 1834. Sixteen year old Richard Hill was also convicted of maliciously stabbing a man in neck with a knife and sentenced to death recorded; on the same day, a man, Thomas Myers, convicted of the same, was sentenced to death: Sydney Gazette, 9 August 1834. [2] See also Australian, 28 February 1834; Sydney Herald, 27 February 1834. |
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