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Decisions
of the Superior Courts of New South Wales, 1788-1899
Published by the Division of Law, Macquarie University
Found recently on
http://www.law.mq.edu.au/scnsw/html/r_v_boyd_and_drummond__1826.htm
Decisions of the Superior
Courts of New South Wales, 1788-1899
Published by the Division of Law, Macquarie University
[stealing, sheep -
Moreton Bay]
R. vs.. Boyd and Drummond
Supreme Court of New
South Wales
Forbes C.J.,[1] 10 June
1826
Source: Sydney Gazette,
14 June 1826
John Boyd and Henry
Drummond were indicted for stealing seventeen sheep, the
property of the Crown, at Moreton Bay, on the 26th of January last.
The prisoners were
stockmen, at Moreton Bay, and absconded from that
settlement, taking them a number of sheep. On the circumstance
being made
known to the Commandant (Captain Bishop), a constable and some soldiers
were sent in pursuit, who tracked the prisoners for some distance
through the
bush. They, however, afterwards lost all traces of them, and
returned to
the settlement, and for a considerable time after no tidings were had of
the
prisoners; when one night an alarm was given that robbers were
attempting to
rush some sheep from the folds; constables and soldiers immediately
hastened
to the spot, and apprehended the two prisoners, who, it appeared, had
returned to the settlement in the hope of procuring a fresh supply.
On
being brought before the Commandant, they confessed having made away
with
the former sheep, and also that their object in returning was to obtain
more. On the trial, however, they pleaded not guilty, and stated,
that
their former confession was made with the view of escaping corporal
punishment at the settlement, and of being forwarded to Sydney, where
they
could have a fair trial. Guilty. - Remanded.[2]
Notes
[1] Stephen J. resigned
as temporary Justice of the Supreme Court on 27 May
1826, and was not sworn in as puisne Justice until early November 1826.
See
C.H. Currey, Sir Francis Forbes: the First Chief Justice of the Supreme
Court of New South Wales, Angus and Robertson, Sydney, 1968, pp 97-98;
Australian, 3 June 1826. In the meantime, Forbes C.J. sat alone.
[2] On 19 June 1826, both
defendants were sentenced to death: Australian, 21
June 1826.
Thanks to:
Wayne Johnson NZ
Rootsweb Lists SHALDERS, GOULDING, GULDE(A)N
GOONS # 3232 : "SHALDERS & Variants Worldwide"
My Homepages :
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