[arson]

R. v. Rawson

Court of Criminal Jurisdiction

Collins J.A., 20 July 1795

Source: Court of Criminal Jurisdiction, Minutes of Proceedings, 1796 to 1797 Apr 1795 – Dec 1797, State Records N.S.W., 5/1147B

            [41] Mary, Wife of William Rawson, Settler, was brought before the Court, charged for that she, not having the fear of God before her Eyes, but being moved and seduced by the Instigation of the Devil, after the ninth Day of July, in the year of Our Lord One thousand seven hundred and ninety five, to wit, on the Tenth Day of July in the year of Our Lord one thousand, seven hundred and ninety five, about the Hour of twelve, in the light of the same Day, with Force and Arms, at Mulgrave Place, in the County of Cumberland, a certain House of one and Joseph Butler, there situate, feloniously, voluntarily and maliciously did set fire to, of the same House then there and by such firing as aforesaid, feloniously, voluntarily and maliciously did burn and combust, against the form of the Statute in that case, made and provided, and against the Peace of Our Lord the King, his Crown and Dignity.

            The Prisoner on her Arraignment, pleaded Not Guilty.

            Alexander Secitor, being sworn deposed that being at Butler's House, the Prisoner and the wife of Butler were quarrelling about some chairs. That Butler's wife, Mary Mandersille threw a Corn stack at the Prisoner, which was returned, and the Prisoner told her she would be revenged of her before the Month had passed.

            [42] Mary Mandersille being sworn deposed, that the Prisoner called at her House, for two chairs. That they quarrelled and much abuse passed on…, That the prisoner, clapping her hands then said, you bloody, bloody, whore before that Day comes I will give you a warm strike. That she was the last person up the House the night the house was burnt. That she carefully put out her own fire and about 1 in the morning she watched and found her house in flames. It was on fire at the top. Matet the next morning was found a short Distance from the House, composed of Pitch and Tar. That Pitch and Tar were found in the Prisoner’s House. That 350 Bushels of Corn were burnt. That they received no assistance from the Prisoner’s House or People. That a man belonging to Butler went down to the Prisoner’s house, calling for help, and called a considerable time, but no one came. That others came to the House further distance than prisoner.

            [43] The Prisoner denied having set fire to the House. Said she was asleep at the time; denies making use of the expression stated by Mandersille, as a threat.

            William Clark, soldier in the New South Wales Corps being sworn deposed, that he is quartered in the House belonging to Rawson. That he was asked in the House at the time Butler’s was burnt down. That three other men were there and the Prisoner and her husband and that they had all been asleep for nine hours before the accident. That it was not possible for anyone to have gone over to Rawson’s house without his knowledge. That he knows Rawson had some Pitch and Tar in his House, hanging up but he never saw it used.

            Not Guilty

David Collins

Judge Advocate