 |
|
 |
|
|
|
|
|
|
||||
|
Decisions of the Superior Courts of New South Wales, 1788-1899 |
|||||||||
|
Published by the Division of Law Macquarie University |
|||||||||
|
|||||||||
|
|
 |
|
|
|
||||||||||||||||||||||||||||||||||||||||||||||||
|
|
|
[stealing, sheep - Bathurst - Aboriginal tracker] R. v. Johnson, Jennings, and Carter Supreme Court of New South Wales Forbes C.J., 1 September 1826 Source: Australian, 2 September 1826
Richard Johnson, John Jennings, and Richard Carter, were indicted for stealing fifty-two sheep, the property of Mr. Robert Fitzgerald, a settler residing at Bathurst, who deposed, that on the 11th of that month, having missed three horses from his farm, which he at first supposed had strayed into the bush, beyond the usual run, he applied to the Commandant, who granted him one of the mounted police, whom witness accompanied, in search of the animals; and took also two native blacks, with a view to facilitate their search. After having travelled about in the bush for some hours, the party arrived at a place called "Milla Molleugh," about 25 miles distant from the settlement at Bathurst.[1] On a sudden, where descried, the three prisoners at the bar, who, on observing witness and party, attempted to escape, but were prevented and secured. The blacks then pointed out to witness some smoke, issuing from a fire among the brush land. On gaining this spot, the whole party instantly perceived a flock of sheep; they were branded with Mr. Fitzgerald's brand; and, having heard of that gentleman's loss, immediately concluded that they were his sheep - accordingly drove them to Mr. F's. stock yard, where they now are. John Ferrier stated, that he was employed by the prosecutor, as a shepherd, and had charge of 52 sheep - Recollects the night of the 14th June last - it was about six o,clock [sic] on that evening when deponent heard an alarm made by a dog, that usually attended the sheep - He got up and went out to learn the cause, when he saw two men, one of whom stepped within a few paces of witness, and desired him to go within doors; adding, that if he did not comply, he should be shot. Witness obeyed the mandate, and went in. On the following morning, the sheep were not in the pen. Witness could not swear to the identity of the men. Mr. Richard Fitzgerald, was called to speak as to the ownership - he said, his claim consisted in his being the son of Mr. Robert F. who was the sole owner. The prisoners denied the charge. The Judge put it to the Jury whether they were satisfied as to the ownership being proved. Not Guilty - the prisoners were detained to answer to another charge.[2]
Notes [1] See also Sydney Gazette, 2 September 1826. [2] They were later convicted of highway robbery: see Australian, 13 September 1826. They were sentenced to death for "various burglaries and robberies": Sydney Gazette, 13 September 1826. |
|
|||||
|