R. v. Sutter

  Court of Criminal Jurisdiction

Kemp A.J.A., 8 December 1808

Source: Sydney Gazette, 15 December 1808, 2[1]

            On Thursday morning at ten the Court assembled; when

            Mr. George Sutter, of Baulkham Hills, Settler, was placed at the bar, and indicted, for having directed unto His Honor the LIEUTENANT GOVERNOR a Letter, containing certain contumelious expressions, with intent to bring into contempt his Honor's authority in this Territory, &c.

            The indictment being gone through, Mr. Sutter called upon to plead, he replied.

            “GENTLEMEN, I deny the legality of this Court; you may do with myself as you please; my unfortunate wife and family I leave to the mercy of God until peace shall be restored in the Colony: I have nothing more to say.”

            The JUDGE ADVOCATE then addressed the prisoner as follows.

            “Mr. Sutter, you are called upon to plead to your indictment; and whatever you may have to offer in your defence will be attentively considered of.   I again ask, are you guilty or not guilty?”

            Prisoner . – “Sir, all that I have to say I have already said.   – I deny the legality of this Court.- My allegiance is due to GOVERNOR BLIGH, and GOVERNOR BLIGH alone; and every drop of blood within my veins prevents me from ever acknowledging the legality of this Court.- You may do with me as you think proper.”

            The JUDGE ADVOCATE .- “Mr. Sutter, it is my duty to acquaint you, that it is provided by Act of Parliament, that in case a prisoner shall refuse to plead to his indictment, the effect will be the same as if he pleaded guilty.   Once more I call upon you – Are you guilty or not guilty?”  

Prisoner – “I stand as before: I have said all I have to say: You are to do with me as you think proper”.

            The Court ordered to be cleared; and in about 20 minutes re-opened; when

            The JUDGE ADVOCATE addressed the prisoner as follows:

            “Prisoner at the bar, in consequence of your refusal to plead to your indictment, the Court, in conformity to Act of Parliament, have found you guilty , and sentence you to be imprisoned six calendar months, and to pay a fine of one shilling.”

Note

[1] For other casesconcerning the coup against Governor Bligh, see R. v. Gore, 1808; R. v. Macarthur, 1808; Crossley v. Johnston and others, 1810.