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Decisions of the Nineteenth Century Tasmanian Superior Courts

Published by the Division of Law, Macquarie University and the School of History and Classics, University of Tasmania

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[highway robbery - Launceston]

R. v. Paget

Supreme Court of Van Diemen's Land

Pedder C.J., 9 October 1837

Source: Cornwall Chronicle (Supplement), 14 October 1837[1]

John Paget - was charged with highway robbery, and putting in bodily fear.

Mr. Donald Cameron, sworn - I reside at the Nile; on the 4th of June last, I was walking along a branch road on my own property, near the Nile; it was on a Sunday; I was leaning over some spars when I saw three men; two of them were tall men, the one in the centre a little man; the one on the left had a large stick; I turned to go homewards; the three then followed and came up to me; the man on the left who had the bludgeon asked me how far it was from Launceston? - I said, not far - where are you from? - he answered from the New Plains - give me off those boots - have you any money - have you any property about you? - I kicked off my boots, and gave my watch to him; it is not watches we want, have you any money about you? - at the same time stooping to put on my boots; in doing this he put his stick upon the ground; I thought this a good opportunity to escape; I ran some distance; the man who had the stick called out to the others - secure him - pursue him; they overtook me, and then proceeded to search me; they took out of my coat pocket my pocket-book; the tallest of the three men on coming up had my watch; on examining the pocket-book they first came to a cheque; this, they said, they did not want, and returned it to me; they took out the money; they returned a bill, some other papers, and my pocket-book; they took in all about £25 in notes; one of the men asked the man with the bludgeon - shall we give his watch? - he said, yes, let him have his watch; they gave it to me; the prisoner at the Bar is the man who had my watch, and who gave it me; I have not the smallest doubt as to the man; I was much alarmed at the time; the men returned towards the direction they came from; on the evening of that day the prisoner was brought to my house by my son and Mr. Furlong; I have never seen the money since; the men were not at all disguised. [Dr. Cameron concluded this evidence by stating, that the prisoner was the least forward in the robbery.]

Mr. Donald Cameron, jun. - I met my father about half-past four or five o’clock, and in consequence of what he told me, I went with Mr. Furlong in search of three men whom he described; we went in Captain Barclay’s stock but we crossed the creek and then returned to the hut to obtain further assistance; Mr. Murray, the overseer and Mr. Gibbs joined us and we crossed the creek again and proceeded to search the scrub and adjacent hills; we went to a hut of Mr. Cox’s, where we heard voices and saw a light; it was then dark; our party approached as softly as possible under the cover of a small hut where Mr. Furlong, Mr. Murray and Mr. Gibbs remained; I went up to the hut and listened, and suspected from the conversation, that the robbers were there; I retired to my party and told them; the door opened, and Mr. Cox’s shepherd came out, accompanied by one or two other persons; the two men who came out first ran away; Mr. Cox’s shepherd did not; I pursued them; they got either through a fence or a small gateway; on their doing so I fired; the gun was loaded with small shot; I returned to the hut and found Mr. Furlong seeming the prisoner at the bar.

Mr. Andrew Furlong - gave similar evidence to the last witness, as to going in pursuit, when Mr. Cameron and Mr. Gibbs ran after the two men who ran away; I went up to the door of the hut; the prisoner was a few yards off; I ordered him to stop; he did so; I ordered him to go into the hut; he did so, and was secured; this hut was about three quarters of a mile distant from where Dr. Cameron was robbed.

The prisoner made no defence. - Guilty.

Notes

[1]   See also Launceston Advertiser, 12 October 1837; True Colonist, 13 October 1837; Hobart Town Courier (Supplement), 20 October 1837.  For a Judge’s report see AOT MM 71/10, pp. 393-7.