Sydney Gazette and New South Wales Advertiser (NSW : 1803 - 1842), Thursday 18 August 1836, page 3


SUPREME COURT.

MONDAY, AUGUST 15.

Befara Mr. Justice Burton and a Civil

Jury.

Thomas Robinson, assigned to the Rev. Joseph Docker, stood indicted for the wilful murder of Thomas Colner, a fellow servant, on the 22d. May last. It ap-peared that deceased and prisoner had been drinking together on the day charged in the information. In the evening pri-soner returned home alone, and stated that he had not seen the deceased. The latter was afterwards found lying upon the road, about half a mile from the farm, in a state of insensibility. He was immediately taken to the hospital, where he died shortly after. There was, however, no evidence to fix the commis-sion of the crime upon the prisoner. Not Guilty.

Before the Acting Chief Justice and a

Civil Jury.

John Doyle, A private in H. M. 60th Regt., stood indicted for robbing on the highway, Eliza Grange, of Sydney, on the 3lst May last, and feloniously taking one silver watch. Guilty : transporta-

tion for life.

Daniel Dugurd, a constable for the district of Bong Bong, stood indicted for permitting a prisoner named William Warby to escape from his custody on the 18th Nov., 1835. It appeared that Warby had been delivered into his custody, under a warrant issued against him by Mr. W. H. Datton, J. P., Yass, upon a charge of receiving stolen cattle. The constable having got intoxicated, the prisoner escaped from him. His Honor, in putting the case to the Jury, left it for them to say whether the constable

had allowed Warby to escape through wilfulness or negligence. They found him guilty of allowing to escape through negligence :— Sentenced to pay a fine of 40s., and to be imprisoned for two years. The Judge, at the same time, intimated that, had the Jury found him guilty of wilfulness, he would have felt it his duty to have sentenced him to transportation

for life.

TUESDAY, AUGUST 16.

Before the Acting Chief Justice and a

Civil Jury.

Abraham Lawler stood indicted for burglariously entering the dwelling house of Sarah Salmon, at Penrith, on the 24th July last. It appeared that Mrs. Salmon had two assigned female servants, with one of whom prisoner had formed an acquaintance. The two women were lodged in the laundry, in which they were locked up during the night. On the evening of the day in question, pri-soner was attempting to gain an entrance to the laundry by descending the chim-ney, but when about half way down he stuck fast, and being fearful of becoming suffocated, he was constrained to call out. A constable was sent for, who took him out of the chimney and lodged him in jail. It did not appear that prisoner had any other intention than that of seeing one of the women. The Jury, without leaving the box, found him not Guilty.

Thomas Williams, late a seaman on board the Camden, stood indicted for assaulting on the high seas, William Well9, chief ofiicor ol' the said ship, on the 23d. April last, during the passage from London to this port. The Attorney General having briefly stated the case,

called

Thomas M'Quoid— was a passenger on board the Camden ; we left London in February ; on the 23d. April, between six and seven in the evening, I went upon the poop ; Captain Ryan was then steering the vessel ; prisoner was stand-ing upon the starboard side ; the chief mate, William Wells, was standing on the starboard side ; I went towards them, and heard Wells siy to Williams, " hold your tongue, and watch the captain steering ;" Williams was insolent; Wells again desired him to behave himself, but he said he was not to be frightened ; he then struck Wells several blows ; the captain, who, during this time, had been steering, ordered Wells to get a pair of handcuffs ; Williams said; " leave me alone, or I will throw you overboard ;" the crew had refused to do their duty for twenty four hours. Guilty: six mouths' imprisonment.

There waft another information against him for assaulting the captain, but, as he objected to the Jury, and there being no other in altendance, he was remanded upon that charge until next sessions.

Before Mr. Justice Burton and a Civil

Jury.

James Batchelor and James Chinnery stood indicted for killing a heifer, valued at £5, with intent to steal the carcass and hide, the property of Patrick Riley, at Swan Reach, on the 1st March last. Batchelor pleaded guilty. It appeared that the heifer had strayed from the run of the prosecutor, on to that of a person named Kelly; to whom Chinnery acted as overseer, where they killed it. Guilty : transportation for life to a penal settle-

ment.

The Court then adjourned until Friday

morning.