[stealing, cattle – approver]

R. v. Oliver

R. v. Smith

Court of Criminal Jurisdiction

Wylde J.A., 22 January 1821(Hobart session)

Source: Sydney Gazette, 17 February 1821

            John Oliver and William Smith were capitally indicted for feloniously stealing a bullock, the property of Edward Garth, senior a settler in the district of Queensborough, in the month of September last. It appeared by the testimony of the prosecutor and his son, that that they had lost a bullock from six others that had been brought to Kangaroo Point to be slaughtered there for the use of His Majesty’s Stores; and all means used at the time to find the same proved unless.

            Matthew Granfield, an accomplice, who was admitted on evidence on the part of the Crown, positively swore to the prisoners at the bar having shot a bullock belonging to Garth, between Restdown and Pidgeonholed Creeks; and that he assisted them in bringing it away in Smith's cart to his (Smith's) farm at the Hollow tree, where it was divided between them.

            Samuel Clements, a settler at the Hollow tree, deposed to his having heard the report of a gun from the place where the prisoners had shot the bullock; in consequence of which he went to the spot, where he discovered the horns of a bullock that had recently been slaughtered; and that a fire had been made near the same spot, in which he had every reason to suppose that there had been something besides wood burnt.

            The prisoners being put on their defence, totally denied knowing any thing of what they were engaged with.  Both prisoners were found Guilty.