Cases heard by Judge Willis in the Supreme Court of New ... · Cases heard by Judge Willis in the Supreme Court of New South Wales As there was no formal system of law reporting during

Appendix B

Cases heard by Judge Willis in the Supreme Court of New South Wales

As there was no formal system of law reporting during Willis’ time in New South Wales, the following list is taken from newspaper reports and Willis’ own notebooks. As not every case was reported by the press, and not all of the judge’s notebooks survive, the list is incomplete. In addition, some minor interlocutory hearings have been omitted.

18 November 1837 With Dowling Acting CJ and Burton J, sentencing of Edward Doyle (stealing in a dwelling-house in New Zealand and putting in bodily fear; death); sentencing of John Phenix (manslaughter; transportation to a penal settlement for life); sentencing of George Wolf (shooting with intent to murder, stealing in a dwelling-house and putting in fear; death); sentencing of Barnard Taggart and Thomas Jones (arson; death, with a recommendation that the sentence be commuted to transportation to a penal settlement for life); sentencing of Charles Bate (shooting with intent to kill; death, with a recommendation that the sentence be commuted to transportation to a penal settlement for life); sentencing of Thomas Mitchell and John Lennard (stealing in a dwelling-house and putting in fear; death, with a recommendation that the sentence be commuted to transportation to a penal settlement for life); sentencing of Henry Moore and Henry Hendrick (larceny; each three years in an ironed gang).

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I like A Clamour: John Walpole Willis, Colonial Judge, Reconsidered (2017) Max Bonnell

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R v Wombarty, an aboriginal accused of murder; discharged when the Attorney-General could produce no competent witnesses.R v John Power and Black Betsey, charged with committing an act of gross indecency, discharged when the Attorney-General could produce no witnesses.

25 November 1837 Henderson v Abrahams. With Dowling Acting CJ. Argument on demurrer upheld; bill dismissed.

1 February 1838 R v Patrick McGrath, stealing a mare and foal. With a military jury. Guilty, trans-ported to a penal colony for life.

R v Matthew Sullivan, burglariously entering a dwelling-house with intent to steal. With a military jury. Not guilty, but the prisoner was remanded to the Bench of Magistrates to be dealt with as a rogue and vagabond.

R v Thomas Muscalli and John Cummings, robbery on the highway and putting in bodily fear. With a military jury. Guilty, death recorded.

R v Thomas Roylance, robbery on the high-way. With a military jury. Not guilty.

2 February 1838 R v William Harridan and Robert Armstrong (breaking into a warehouse and stealing various items) and R v Thomas Lampshaw (accessory before the fact). With a military jury. Not guilty.R v William Yelverton, burglariously entering a dwelling-house and stealing. With a military jury. Guilty, death recorded.

3 February 1838 Application of John Dillon, solicitor, for discharge from debtors’ prison, on the ground of illegal arrest. Motion adjourned.




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CAses heArd by Judge WILLIs In the supreme Court of neW south WALes

5 February 1838 R v Hugh Hart, murder. With a civil jury. Guilty of manslaughter, remanded for sentence. Timothy Coghlan was committed for one month for drunkenness when in the witness box.

9 February 1838 R v William Briffen, cutting and maiming with a knife with intent to do grievous bodily harm. With a civil jury. Guilty, remanded for sentence. William Mann and Mary Ann Mann were committed to Windsor Jail for “being guilty of gross prevarication. Their Depositions completely at variance with their Evidence in Ct”.

R v John Ryall. With a civil jury. Escape from transportation. Guilty. Death, with a recom-mendation from Willis J for transportation for life.

10 February 1838 R v Benjamin Frazer, feloniously breaking and entering and stealing. With a civil jury. Guilty, remanded for sentence.

12 February 1838 R v John Walker, stealing. With a civil jury. Not guilty.

R v Felix Stokes, assault and robbery, and R v John Bright and George Sloper, accessories before the fact. With a civil jury. All three guilty, remanded for sentence.

15 February 1838 Sentencing. Hugh Hart, manslaughter, six months on an ironed gang. William Briffen, cutting and maiming with intent to kill, death recorded (recommended that this be commuted to six months on an ironed gang). John Ryall, attempting to escape from the colony, death recorded but commuted by Willis to transportation for life. Benjamin Frazer, feloniously breaking and entering and stealing, seven years transportation to a penal settlement.




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Felix Stokes, assault and robbery, death. John Bright and George Sloper, accessories to Stokes, death recorded, recommendation that Bright be transported to Norfolk Island for life, recommendation that Sloper spend one month in solitary confinement in Sydney gaol and be whipped twice, fifty lashes each time.

R v Benjamin Smith, stealing from a dwell-ing-house. With a civil jury. Not guilty.

R v Robert Henshaw, stealing an ox. With a civil jury. Guilty, transportation for life. R v Charles Evans, receiving. Not guilty.R v John Ring. Burglary. Acquitted as the prosecution was unable to procure a witness.

19 February 1838 R v Peter Sullivan, cattle stealing. With a civil jury. Guilty, transportation for life.

R v Thomas Kays, cutting and maiming with intent to kill. With a civil jury. Guilty, remanded for sentence. (Willis’ notebook names the prisoner as “Laurence Cahill”).

R v James Freeman, murder. With a civil jury. Not guilty.

21 February 1838 Gaggin v Dangar. With two assessors. Undefended action on two promissory notes. Verdict for the plaintiff, £186 14s 6d.Porter v Hughes. With two assessors. Action on a promissory note. Verdict for the plaintiff, £164.Willis v Hayward. With two assessors. Action on a promissory note. Verdict for the plaintiff, £35 13s.

22 February 1838 Application of John Dillon for discharge from debtor’s prison; application granted.




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Willis v Hayward. With two assessors. Action on a promissory note. Verdict for the plaintiff, £35 13s.

Thompson v Morris. With two assessors. Action for ejectment. Plaintiff non-suited.

5 March 1838 R v James Barrington, desertion. Prisoner discharged.

Lang v Shepherd. With two assessors. Verdict for the plaintiff, £600.McDougall v Newland. With two assessors. Action in trover. Verdict for the plaintiff, £40.

6 March 1838 Wood v Titterton. With two assessors. Action for warranty in a horse. Plaintiff non-suited, the action being brought in the wrong form.

Hall v James. With two assessors. Action to recover payments for newspapers and advertisements. Verdict for the plaintiff, £15.

Dykes v Gibson. With two assessors. Action to recover payment for labour. Plaintiff non-suited as the action was premature.

8 March 1838 Thetford v Healey. With two assessors. Action for damages for trespass on land. Verdict for the defendant directed by the judge.

10 March 1838 Bryant v Humphrey. With Downing CJ and Burton J. Application to examine witnesses on commission in England in the bank-ruptcy of the plaintiff’s partner. Application granted.

1 May 1838 R v Thomas Cordell, assault with intent to murder. With a civil jury. Guilty. Prisoner remanded pending inquiries respecting his sanity.R v William Jones, robbery. With a civil jury. Guilty, remanded for sentence.




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3 May 1838 R v James Creek. Stealing and putting in bodily fear. With a civil jury. Guilty. Death recorded, commuted to transportation for life.R v William Kiss. Stealing two heifers. With a civil jury. Not guilty.R v Thomas Ford. Stealing an ox. With a civil jury. Not guilty.

5 May 1838 R v Thomas Johnstone. Manslaughter. With a civil jury. Not guilty.R v Timothy Quinlan. Burglary in a dwelling-house. With a military jury. Guilty. Death recorded.R v Robert Featherstone and William Evans. Robbery on the highway. With a military jury. Guilty. Death recorded.R v Thomas Dalton. Stealing an ox. With a military jury. Not guilty.R v George Williams. Stealing from a dwell-ing-house. With a military jury. Not guilty, remanded to be dealt with as a runaway.

7 May 1838 R v John Donough. Stealing a mare. With a civil jury. Guilty, transportation for life.R v William Vowels. Murder. With a civil jury. Guilty of manslaughter. One week’s imprisonment. (Prisoner named as “William Bowles” in Willis’ notebook)R v William Bell, John Smith and Henry Allen. Highway robbery (15 shillings in cash and an order for £3). With a civil jury. Guilty, death recorded.

8 May 1838 R v John Davis. Highway robbery. With a civil jury. Guilty, death recorded.R v Robert Howlett, Elijah Sheldon, John Hall and William Powell. Stealing from a dwelling-house and putting in bodily fear. R v Elijah Sheldon, John Hall and William Powell, receiving.




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R v Elijah Sheldon, John Hall and William Powell, harbouring and maintaining Robert Howlett after a robbery. With a civil jury. Howlett guilty (transportation for life); Sheldon, Hall and Powell guilty of receiving (transportation for 14 years).

9 May 1838 R v James McCarthy. Striking with intent to murder. With a civil jury. Not guilty.

10 May 1838 Thurlow v Condell. Application for an injunction to restrain the issuing of execu-tion in the Court of Requests on judgments obtained in three cases by Mr Ousley Condell against Mr JW Thurlow. Interim injunction granted; Condell directed to file affidavits.

R v Andrew Williamson. Perjury. With a civil jury. Guilty, transportation for seven years.

R v David Burgin. Perjury. With a civil jury. Guilty, two years imprisonment.

11 May 1838 R v John Lewis. Forging a cheque for £31. With a civil jury. Not guilty.

R v Daniel Maloney. Murder. With a civil jury. Guilty, death.

1 June 1838 Ex parte Plunkett. With Dowling CJ and Burton J. At the request of the Attorney-General, order granted requiring a Mr McAlister to show cause why a criminal information should not be filed against him for a libel published in the Sydney Gazette in November 1837.

4 June 1838 R v William Collins, stealing a pair of boots and a pair of trousers. With a civil jury. Guilty, imprisoned for three months (one in solitary confinement).




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R v William Hitchcock, William Lavender, William Trigg, George West and James Duff. Stealing from a dwelling-house and putting in bodily fear. With a military jury. Guilty, remanded for sentence.

R v Dennis Murphy. Forgery of an order for £3. With a military jury. Guilty, transporta-tion for life.

R v John Henry Hunter. Stealing an order for £16 4s. With a military jury. Willis directed a verdict of not guilty.

Sentencing of William Hitchcock, William Lavender, William Trigg, George West and James Duff. Death recorded, commuted to transportation to a penal settlement for life.

7 June 1838 Bryant v Humphrey. With two assessors. Verdict for the plaintiff by consent.

Willis v Fitzpatrick. With two assessors. Action for damages on a promissory note. Verdict for the plaintiff, £21 4s 6d.

Brodie v Hughes. With two assessors. Action for work and labour done. Verdict for the plaintiff, £16.

8 June 1838 Wild v Driver. Argument on demurrer. Held, a woman who married while a convict, whose husband died while she was still under sentence, could not claim dower when she becomes free.Walker v Hughes. The plaintiff sued to require the defendant to fulfil an agreement to sell a sheep station. Held, that the action could not be brought in equity but ought to be a claim for damages at common law. Bill dismissed.

9 June 1838 In the will of John Cupett. With Dowling CJ. Administration granted to the widow.




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In the goods of Hannah Dannaher. With Dowling CJ. Administration granted to Mr George Bond.

11 June 1838 Wright v Barton. With two assessors. Verdict for £1000 by consent.Hyland v Byrnes. With two assessors. Action to recover a debt of £22 8s 8d. Verdict for the defendant.

12 June 1838 Hughes v Campbell. With two assessors. Undefended claim for £21 8s 2d for goods sold. Verdict for the amount proved, £16 4s 8d.Henderson v Abrahams. With two assessors. Undefended action for £1,158 19s 11d for the sale of drugs. Verdict for the plaintiff.Roberts v Broughton. With two assessors. Verdict of £200 entered by consent.

13 June 1838 Brown v Tibbey. With two assessors. Action for £15 for work and labour done. Verdict for the defendant.

14 June 1838 Redmond v Hardy. Action to recover £40 19s 6d for hire of a horse and cart. With two assessors. Verdict for the plaintiff.Sewell v Cooper. With two assessors. Verdict by consent.

15 June 1838 Re Henry Croasdaile Wilson and Charles Windeyer. Application by the Attorney-General for a writ of mandamus compelling two magistrates to hear a case under the Merchant Seamens’ Act. With Dowling CJ and Burton J. Rule nisi granted.In the goods of HL Hyland, deceased. Application to require the widow of the deceased to show cause why letters of administration should not be issued in favour of a creditor. With Downing CJ and Burton J. Application granted.




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Re Charles Frederick Beilby, deceased. Application to grant administration to a relative. With Downing CJ and Burton J. Motion deferred.

Re WC Rossthorne, deceased. Application to grant administration to a creditor. With Downing CJ and Burton J. Application granted.

Re TD Rowe. Application by the Attorney-General against a solicitor for charging excessive fees. With Downing CJ and Burton J. Decision reserved.

20 June 1838 Blackman v Challiner. In Equity. Application for a bill of foreclosure against an infant heir of the mortgagor. Case referred to a Master for inquiry as to whether the transaction would be for the infant’s benefit.

2 July 1838 O’Reilly v Hall. With a special jury. Action for libel. Verdict for the plaintiff, £25.

Re TD Rowe. With Downing CJ and Burton J. Attachment ordered against a solicitor for excessive charging.

In the goods of John Humphrey, deceased. With Downing CJ and Burton J. Administration granted to Robert Henderson, a creditor.

In the goods of Michael Murphy, deceased. With Downing CJ and Burton J. Administration granted to three creditors.

In the will of Charles Frederick Beilby, deceased. With Downing CJ and Burton J. Administration granted to the mother of the legatee.

In the goods of William O’Donald. With Downing CJ and Burton J. Administration granted to the executrix.




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In the goods of Michael Fane, deceased. With Downing CJ and Burton J. Administration granted to the executors.

5 July 1838 Bullivant v Ikin. With a special jury. Action for ejectment to obtain possession of a cottage. Verdict for the plaintiff.

7 July 1838 Klensendorffe v Macpherson. With a special jury. Action in trover to recover possession of a flock of sheep. Plaintiff non-suited at his counsel’s request.

10 July 1838 Hughes v Sparke. In Equity. Action for specific performance of a contract for the sale of land. Specific performance ordered.

11 July 1838 Rowell v Burke. With Dowling CJ and Burton J. Ordered that an amount of £76 paid into court be released to the successful plaintiff.

21 July 1838 Re TD Rowe. With Dowling CJ and Burton J. Ordered that TD Rowe be struck off the roll of solicitors.

6 August 1838 R v Robert Tubb and Samuel Deardon. With a military jury. Robbery on the highway and putting in bodily fear. Guilty, death recorded but commuted to transportation to Norfolk Island for life. (In Willis’ notebook, the prisoners are named as “Richard Tubb” and “Samuel Dearn”)R v James King. With a military jury. Shooting with intent to murder. Guilty, death recorded.R v John Dignum. With a military jury. Robbery from a dwelling-house. Guilty of larceny.R v Mary Berry. With a military jury. Perjury. Not guilty.

7 August 1838 R v Felix McGlinton. With a military jury. Stealing a mare. Guilty, transported for life.




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R v James McCullum. With a military jury. Murder of his wife. Guilty, death.

10 August 1838 R v John Burgess and John Frost. With a civil jury. Assault and stealing. Guilty. Death recorded, but mercy recommended by the jury for Frost. Willis recommended that the sentences be commuted to transportation for 14 years for Burgess and transportation for seven years for Frost.

R v Thomas Smith. Assaulting, putting in bodily fear and stealing. With a civil jury. Guilty. Transportation to Norfolk Island for life.

R v John Newman. Receiving stolen property to the value of £1. With a civil jury. Guilty, transportation for 14 years.R v Patrick Guerin. Stealing in a dwelling-house and putting in bodily fear. Pleaded guilty. Death recorded, with a recommenda-tion from Willis J for transportation for life.

11 August 1838 R v Charles Carty. Arson (of a stack of hay). With a civil jury. Guilty of arson (of a barn and stack of wheat). Death recorded.

13 August 1838 R v John Swainston. Forging an order for £44 3s 4d. With a military jury. Guilty. Transportation for life, with a recommenda-tion he not be returned to the colony.R v William Wilson. Shooting with intent to kill. With a military jury. Not guilty.R v William Fuller, John Long and Richard Suttor. Assault, putting in bodily fear and stealing £22. All guilty of larceny, 14 years transportation.

21 August 1838 Terry v Howe. In Equity. Action on a bill of foreclosure. The case was referred to a master to take an account, and adjourned for further directions.




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22 August 1838 R v John O’Neil. Stealing five yards of calico. With a military jury. Not guilty. Indicted for receiving; not guilty.

R v Thomas Godfrey and R v William Davis; two men accused of felonies were released after eight months in gaol, after the prosecution was unable to produce material witnesses from Port Phillip.

18 September 1838 Doe dem Cooper and Levy. With two asses-sors. Action for ejectment over the premises of the Theatre Royal, George Street. Verdict for the plaintiff.

19 September 1838 Anderson v Reynolds. Action for work done and performed. With two assessors. Plaintiff non-suited for failure to prove the contract.

21 September 1838 Wilson v Burdekin. In Equity. A dispute over partnership accounts. Accounts submitted to the master for investigation.

Moore v Rowley. In Equity. Action for foreclosure. Application granted by consent.

Gannon v Grey. Application for the executors of a will to prove the will and execute the trusts for which it provided. Order granted.

22 September 1838 R v Joseph Schofield and Thomas Chasling. With Dowling CJ and Burton J. Schofield was charged with winning at cards above £10 at one time, Chasling with winning above £10 within 24 hours. The question was whether the English statute applied in New South Wales. Held, the statute did not apply, for want of machinery to work it and, as a penal statute, it needed to be construed strictly.




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R v Catterall. With Dowling CJ and Burton J. The defendant was required to show cause why he should not be fined £50 for having “calumniated the body of the Military” during an address to the jury while representing himself in a libel trial. The fine was levied by Burton J at the initial trial. Dowling CJ and Burton J agreed that the fine should be upheld.

Re William Williams. With Dowling CJ and Burton J. Williams, a solicitor, applied to remain on the roll of attorneys although he had not practised in the Supreme Court for a year, arguing that he had practised before magistrates in that time. Application refused: Williams’ name removed from the roll.

Doe dem Cooper and Levy. With Dowling CJ and Burton J. Application for stay of execu-tion of order for ejectment on the grounds that no notice of the proceedings had been served. Proceedings stayed.

Re TW Smart. With Dowling CJ and Burton J. Application that TW Smart show cause why a criminal information for libel should not be filed against him. Order granted.

29 September 1838 Briggs v Humphrey. With Dowling CJ and Burton J. A successful plaintiff was ordered to pay the costs of the defendant because the verdict obtained was less than the amount for which the plaintiff had sued after the defendant succeeded in proving a set-off.

Ex parte Simmons. With Dowling CJ and Burton J. Ordered (Burton J dissenting) that a criminal information be granted against TW Smart for libel.




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6 October 1838 Ex parte Wyatt. With Dowling CJ and Burton J. Application for stay of ejectment for the premises of the Theatre Royal, George Street. Application denied.

Re William Foster. With Dowling CJ and Burton J. Application for habeas corpus on behalf of a man imprisoned as an escaped convict, who claimed to have come to the colony as a free settler. Application granted.

Fisher v Wood. With Dowling CJ and Burton J. Application to set aside a foreign attach-ment on the ground of irregularity in the original proceedings. Granted.

Marshall v Nelson. With Dowling CJ and Burton J. Appeal for a non-suit in an action on a promissory note. Granted.

13 October 1838 Jackson v Kell. With Dowling CJ and Burton J. Application to set aside a verdict for one shilling given by the jury. Granted.Re Jane Ann Inch. With Dowling CJ and Burton J. Application for a commission of lunacy. Three barristers appointed to investigate.Ex parte Kenyon. With Dowling CJ and Burton J. Application that Richard Roberts show cause why a criminal information should not be filed against him for endeav-ouring to pervert the ends of justice. Order granted.

20 October 1838 Greenaway v Milne. With Dowling CJ and Burton J. Appeal against a judgment on a bill of exchange (originally tried before Dowling CJ). Appeal denied.Jackson v Dutton. With Dowling CJ and Burton J. Appeal against a judgment on a claim for work and labour done (originally tried before Dowling CJ). Appeal denied.




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23 October 1838 Munn v Bettington. Action for trespass on the case. With a special jury. Plaintiff non-suited for misdescribing the land.

25 October 1838 Re Jane Ann Inch. With Burton J. Application for a commission of lunacy. Order granted.

Re Pat Callaghan. With Burton J. Probate granted.

26 October 1838 Terry v Singleton. In Equity. Application for foreclosure of a mortgage. Granted.Miles v Iredale. In Equity. Application for specific performance of a contract for the sale of land. Decision reserved.

31 October 1838 Doe dem Johnstone v Hughes. With Dowling CJ and Burton J. Application for adjourn-ment granted.

Re Horatio Nelson Carrington. With Dowling CJ and Burton J. Carrington admitted as a solicitor of the Supreme Court.

7 November 1838 R v Thomas Phillips. With a civil jury. Assault with a pickaxe with intent to murder. Guilty. Death recorded, with a recommen-dation that the prisoner be transported for life to Norfolk Island.

R v Thomas Dickson Saunders. With a civil jury. Murder by shooting. Not guilty.

R v John Crowley. With a civil jury. Murder. Not guilty. A witness, John Power, was committed for six months for drunkenness and prevarication.

12 November 1838 R v George Bridges Plantagenet Field. With a military jury. Killing a horse. Not guilty.R v Morris Nowland. With a military jury. Stealing a horse. Guilty, transportation for life. (The prisoner was named in Willis’ notebook as “Horace Nowlan”)




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R v John Hall. With a military jury. Horse stealing. Guilty. Transportation for life (Willis J recommended that this be commuted to transportation for 15 years).

R v James Brown. With a military jury. Stealing in a dwelling-house. Guilty of larceny. Two years imprisonment, with three months each year in solitary confinement.

13 November 1838 R v William Lloyd. Assault. With a military jury. Guilty, death.

R v Peter Mitchell. Burglariously entering a dwelling-house. With a military jury. Guilty. Death (with a recommendation for commutation to 10 years transportation).

R v Owen Macarty and Robert Stewart. Stealing three blankets and putting in bodily fear. Guilty, death recorded (with a recom-mendation for commutation to 15 years transportation).

14 November 1838 R v Thurston Fitzpatrick. Forging an order for £5 5s. With a military jury. Guilty, transpor-tation for life. (The prisoner was named in Willis’ notebook as “Augustin Fitzpatrick”)

17 November 1838 R v James Regan. Perjury. With a civil jury. Plea of guilty. Transportation for seven years.R v David Chambers. Libel with intent to provoke a breach of the peace. With a civil jury. Not guilty.

19 November 1838 R v Lachlan McAlister. With a special jury. Libel. Guilty, but “under extenuating circumstances of very great provocation and excitement.”

31 November 1838 R v Lachlan McAlister. With Dowling CJ and Burton J. Sentencing; fined £50 for libel.




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5 December 1838 With Dowling CJ and Burton J. Sentencing of Charles Kilmeister, William Hawkins, James Perry, Edward Foley, James Oates, John Russell and John Johnson (seven of the murderers convicted of the Myall Creek massacre in a trial before Burton J). Death by hanging.

25 January 1839 Macdonald v Long, Cotton and the Trustees of Messrs Wright and Long. In Equity. Application for an account to be taken of money paid in respect of a purchase of land in Sydney. Application adjourned.

1 February 1839 R v John Perrott and Robert Jones. Robbery on the highway. With a civil jury. Guilty, transportation for 15 years.

R v Thomas Haynes. Murder. With a civil jury. Not guilty.

Re Edward James Brewster. With Dowling CJ. Application for admission as a barrister. Application deferred to a date when Burton J was available.

2 February 1839 R v Richard Kelly. With a civil jury. Stealing a mare. Guilty, transportation for 15 years.

R v Henry Bartley. With a civil jury. Murder. Not guilty.

R v William Greenwood. With a civil jury. Stealing a horse. Not guilty.

4 February 1839 R v Franky. Murder. Remanded to allow an opportunity to locate a suitable interpreter.

R v Peter Dignum. With a civil jury. Robbery. Guilty; six months imprisonment, alternate months in solitary confinement.

R v Thomas Jones. With a civil jury. Stealing a watch. Guilty, transportation for 10 years.




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R v Jane Appleby. With a military jury. Murder of her infant son. Not guilty, but guilty of concealing the birth of a child. Twelve months imprisonment.

5 February 1839 Leslie v Wilson and Wilson. In Equity. Application for an injunction to restrain the defendants from proceeding on a judgment of foreign attachment. Injunction granted.

11 February 1839 R v Franky. Murder. Prisoner discharged owing to his difficulty in understanding the proceedings and the absence of a material witness.

R v Thomas Wright, Patrick Garrigan and Louisa Heskin. Forgery. With a civil jury. Garrigan guilty; transportation for life. Wright and Heskin not guilty.

R v Joseph Fawcett. Shooting with intent to do grievous bodily harm. With a civil jury. Not guilty.

12 February 1838 R v James Daley. Assault and robbery. With a civil jury. Guilty, transportation for 15 years.

R v John James Rourke alias Thomas Welsh. Stealing a horse. R v George Turner, receiv-ing. With a civil jury. Verdict of not guilty directed by the judge owing to a flaw in the indictment.

R v John Pender. Murder. With a civil jury. Guilty of manslaughter. Remanded for sentence.

13 February 1839 R v Cironius Solomon, John Brown and Robert Laney. Burglary. With a military jury. Guilty. Death recorded, commuted to transporta-tion for life, never to be returned.

14 February 1839 R v Thomas Welsh. Perjury. With a civil jury. Not guilty.




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19 February 1839 Sentencing. Michael Lawler, robbery; transportation for life to a penal settlement. James Carrol, horse stealing, 12 months in irons. Henry Harder, rape; death recorded, commuted to seven years transportation. John Pender, manslaughter; transportation for life.

21 February 1839 Norton v Bryant. Action on a promissory note. With two assessors. Verdict of £14 for the plaintiff.

O’Brien v Girard. Plaintiff not-suited for failure to appear.

Barnett v Wiseman. With two assessors. Breach of a contract for the sale of bullocks. Verdict of £100 for the plaintiff.

Bryant v Humphrey. Undefended action on a bill of exchange for £507.

Hebblewhite v Davis. Action struck out for plaintiff’s failure to appear.

23 February 1839 Mann v Robson. In Equity. Application to set aside a deed. Application granted.

Watkins v Titterton. In Equity. Application for an injunction to restrain the defend-ant from using stagecoaches which had belonged to the plaintiff and defendant jointly, as members of a firm which had been dissolved. Injunction ordered.

1 March 1839 Deering v Hancock. In Equity. Application to set aside a conveyance of property. Application adjourned for one month to allow the plaintiff to supplement the bill.

2 March 1839 O’Brien v Girard. With Dowling CJ. Application to set aside non-suiting of the plaintiff. Application granted.




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Walker v Hosking. With Dowling CJ. Application for an injunction to restrain the plaintiffs from proceeding with a suit at common law until they had answered a bill filed by the defendant. Injunction granted.

4 March 1839 Terry v Lamb. With two assessors. Action to recover £60 on a promissory note. Verdict for the defendant.

Lee v Holdsworth. Action for breach of a contract for the sale of crushed sugar. With two assessors. Verdict for the defendant.

6 March 1839 Bradshaw v Murray. With two assessors. The plaintiff was non-suited for failing to appear.

Folk v Beilby. With two assessors. Undefended action for goods sold and delivered. Verdict of £43 15s for the plaintiff.Dawson v Perciful. With two assessors. Undefended action for goods sold and delivered. Verdict of £11 15s for the plaintiff.Pendray v Campbell. With two assessors. Undefended action for goods sold and delivered. Verdict of £36 10s for the plaintiff.

7 March 1839 Cohen v Campbell. Action to recover a debt of £27 1s 4d. With two assessors. Verdict for the plaintiff.Hobbs v Dangar. Claim for £200 for work and labour done and performed. With two assessors. Verdict of £41 17s 8d for the plaintiff.Boydell v Spark. With two assessors. Undefended action on a promissory note. Verdict of £183 12s 2d for the plaintiff.Turner v White. With two assessors. Undefended action for goods sold and delivered. Verdict of £34 3s for the plaintiff.




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Macarthur v Girard. With two assessors. Undefended action against the endorser of two bills of exchange. Verdict of £446 10s for the plaintiff.Rodd v Turner. With two assessors. Undefended action for work performed as an attorney. Verdict of £136 4s 5d for the plaintiff.Walker v Pearce. With two assessors. Undefended action for goods sold and delivered. Verdict of £16 for the plaintiff.

Bourne v Watson. With two assessors. Undefended action for goods sold and delivered. Verdict of £24 8s 3d for the plaintiff.

Hanson v Campbell. With two assessors. Undefended action on a promissory note. Verdict of £19 for the plaintiff.

9 March 1839 Watkins v Titterton. With Dowling CJ. Application to dissolve an injunction. Application granted.

18 March 1839 Girard v Searle. With a special jury. Action of trover to recover the value of a large quantity of cedar. Verdict of £750 for the plaintiff.Josephson v Fulton. With a special jury. Action for libel. Verdict for the plaintiff with damages of one farthing.

19 March 1839 Donnelly v Ayrane. With a special jury. Action for assault. Verdict for the plaintiff; the defendant apologised and agreed to pay costs.

22 March 1839 Scott v Dight. With a special jury. Trespass, the defendant having allowed his sheep to graze on land held by the plaintiff for his cattle. Verdict of £200 for the plaintiff.




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1 May 1839 R v Richard Roberts. Libel and attempting to pervert the course of justice. With a special jury. Guilty.

2 May 1839 R v Henry Magee. Murder of his wife. With a civil jury. Guilty, death.

3 May 1839 R v John Maggs. Manslaughter. With a mili-tary jury. Guilty with a recommendation for mercy. Fined one shilling and discharged.R v George Hirst and William Adams. Assault and stealing. With a military jury. Guilty, transportation for 10 years.

R v George Haines and Bartholomew McCann. Stealing from a dwelling-house. With a military jury. Guilty, transported for 10 years.R v Patrick McCabe. Rape. With a military jury. Not guilty.

4 May 1839 R v William Franklin. Abusing the person of a child above the age of 10 and below the age of 12. With a civil jury. Guilty of assault. Four months imprisonment, the first week of each month in solitary confinement.

6 May 1839 R v John Bateman Smith. Assault. With a military jury. Not guilty.R v John Turnbull, David Scott, Samuel Ferguson and Thomas Bennett. Stealing a bale of regatta shirts. With a military jury. Guilty, six months imprisonment in Newcastle gaol with hard labour.R v Harriett Shepherd. Manslaughter. With a military jury. Guilty, transported for seven years.

10 and 11 May 1839

R v TW Smart. Libel. With a special jury. Not guilty.

15 May 1839 R v George Reynolds. Manslaughter. With a civil jury. Not guilty.




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18 May 1839 With Dowling CJ and Stephen J. Sentencing. Timothy O’Donnell and Michael Welsh, murder; death. Thomas Sumner, Dennis Dacey, George Cook and Ryder Gorman, burglary and attempt to murder; death. Michael Casey, manslaughter; transporta-tion for life. William Fitzpatrick and Margaret Fitzpatrick, manslaughter; transportation for life. Andrew Sanderson, James Cook and William Young, highway robbery; transportation for 15 years. Thomas Kearnes, manslaughter; transporta-tion for life. Henry Green, stealing in a dwelling-house and putting in bodily fear; transportation for 15 years. Richard Fitzpatrick, William Rogers, James Orr, James Dunn and Timothy Macanalty, larceny; to be worked in irons for two years. Catherine Garvin, perjury; transportation for seven years. Eliza Henry, manslaughter; two years imprisonment in Sydney gaol.

1 June 1839 Campbell and Walker v Hughes. With Dowling CJ and Stephen J. Application for a new trial of a claim for damages for breach of contract. Application adjourned to permit the parties an opportunity to argue the point raised by Willis J, that the contract was unenforceable for illegality.

10 June 1839 Aarons v Waldron. With two assessors. Action against a carrier from Bathurst for the recovery of £227 4s 1/2d for refresh-ments for himself and his servants. Verdict of £83 6s 6d for the plaintiff.

11 June 1839 Leake v Crampton. With two assessors. An action to recover the value of a quantity of bricks. Plaintiffs non-suited due to the failure of executors to intervene in the case after the death of one of the plaintiffs.




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Moseley v Maughan. With two assessors. Action for assumpsit. Verdict of £3000 for the plaintiffs.

13 June 1839 Crampton v Toby. With two assessors. Undefended action for a tavern bill and money advanced. Verdict of £27 19s 4d for the plaintiff.

14 June 1839 Terry v Wyer. In Equity. Application for foreclosure of a mortgage. Willis declined to hear the case on the ground that the plaintiff had died and his executor, one of the plaintiffs, was seeking orders against himself.Roberts v Roberts. In Equity. Application for an account, and to replace trustees of a marriage settlement. Account ordered, and case referred to the Master to appoint new trustees.

15 June 1839 Ex parte JT Hughes. With Dowling CJ and Stephen J. Application to restrain the sale of sheep, horses and farming implements said to be the subject of a security. Application refused.Walker v Hughes. With Dowling CJ and Stephen J. Further argument for the defend-ant. Judgment reserved.R v Richard Roberts. With Dowling CJ and Stephen J. Endeavouring to pervert the course of justice. Judgment reserved.

21 June 1839 Green v Pendray. With Dowling CJ and Stephen J. Application for an injunction. Denied on the ground that the plaintiff sought a remedy for his own negligence.R v Richard Roberts. With Dowling CJ and Stephen J. Endeavouring to pervert the course of justice. Guilty, fine of £50 and one month’s imprisonment in Newcastle gaol.




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22 June 1839 Walker v Hughes. With Dowling CJ and Stephen J. Judgment against the defendant, with Willis J dissenting.Ex parte Gilchrist Whickers. With Dowling CJ and Stephen J. Application by the Attorney-General to restrain the sale by Mr Parbury of the Balmain Estate. Injunction declined on the ground that no bill had been filed; applicant allowed until 8 am on 24 June to file a bill.

29 June 1839 Davis v Bent. With Dowling CJ and Stephen J. Application to set aside judgment on the ground of irregularity in the service of the summons. Application granted.Moseley v Maughan. With Dowling CJ and Stephen J. Application for substituted service on a party in London. Application granted.Roberts v Lyons. With Dowling CJ and Stephen J. Application to apply sums of money paid into court against the defend-ant’s costs after the plaintiff was non-suited. Application granted.Walker v Hughes. With Dowling CJ and Stephen J. Application that the sum of £1000 paid into court by the defendant be returned to him. Application granted.Ex parte William Buchanan. With Dowling CJ and Stephen J. Application for mandamus to compel magistrates to hear a claim under the Building Act. Judgment reserved.Ex parte McDermott. With Dowling CJ and Burton J. Application for a writ of execution. Application granted.Lewis v Klensedorffe. With Dowling CJ and Stephen J. Application for a new trial. Application refused.




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1 July 1839 Cameron v Gannon. With a common jury. Action for giving the plaintiff into custody for felony, without probable cause. Verdict of £50 for the plaintiff.Smith v Cavenagh. With a common jury. Action for trespass arising from the seizure of a vessel by a district constable on the Hawkesbury. Verdict for the defendant.

2 and 3 July 1839 Doe dem McDougall v Jones. With a common jury. Action of ejectment. Verdict for the plaintiff, damages one shilling.

4 July 1839 Doe dem Johnstone v Simpson. With a special jury. Action of ejectment. Verdict for the plaintiff.

12 July 1839 Re William Buchanan. With Dowling CJ and Stephen J. Application for mandamus denied.

13 July 1839 Ex parte Gilchrist Whickers. With Dowling CJ and Stephen J. Application for an injunction to restrain the sale of land at Balmain. Application granted.Carr v Stephen. With Dowling CJ and Stephen J. Application for a new trial. Judgment reserved.

15 July 1839 Re Robert Deane. With Dowling CJ and Stephen J. Application for admission to the roll of solicitors. Granted.Somerville v Hosking. With Dowling CJ and Stephen J. Application that the Master retax the costs of the case. Application granted.Thomas v Byrne. With Dowling CJ and Stephen J. Application for a new trial. Application denied.Ex parte James Macarthur. With Dowling CJ and Stephen J. Application to remove proceedings (concerning the harbouring of a runaway convict) from a magistrate to the Supreme Court. Application granted.




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Girard v Maddox. With Dowling CJ and Stephen J. Application to dissolve an injunction. Application granted.

31 July 1839 Hillas v Hillas. With Dowling CJ and Stephen J. Probate dispute. Judgment reserved.

1 August 1839 R v William Casey and John McLauchlan. With a civil jury. Burglariously entering a dwelling-house and assault. Willis J directed that the evidence did not support the indictment for burglary as no force was used to enter the house. The prisoners were remanded while another indictment was prepared.R v Thomas Smith, James Dowling and Charles Wilson. Stealing, with violence, £2 7s and a watch. Willis J ruled that the indictment was incorrect as it misnamed the victim as “Morris” not “Murray”. The prisoners were remanded while another indictment was prepared (they were later acquitted in a trial before Stephen J).

2 August 1839 R v William Casey and John McLauchlan. With a military jury. Stealing from a dwelling-house. Guilty, transportation for 15 years.R v Ann Smith alias Hannah Smith. Stealing an order for £12 6s 6d. Willis J directed an acquittal on the ground of irregularity in the indictment. The prisoner was released on bail while another indictment was prepared (she was later found guilty of larceny in a trial before Stephen J).

6 August 1839 R v James Hardy Vaux. With a civil jury. Indecent assault upon a female aged eight. Guilty. Two years imprisonment with hard labour in Sydney gaol.

8 August 1839 R v Edward Hayes. With a civil jury. Perjury. Guilty, transportation for seven years.




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8 and 9 August 1839

R v James Rout and Helen Hurley. With a civil jury. Stealing £107 in cash and cheques. Not guilty.

9 August 1839 R v John Dempsey. With a civil jury. Stealing 50 shillings from a dwelling-house and putting in bodily fear. Not guilty.

10 August 1839 R v Jarvis Salt. With a civil jury. Forging a bank note for £1. Guilty, transportation for life.R v John McAuliffe. With a civil jury. Stabbing with intent to murder. Guilty, death recorded.

13 August 1839 R v Thomas Barry, Thomas Bolson and Charles Wilson. With a civil jury. Stabbing with intent to murder. Guilty, death.

24 August 1839 R v James Charles Russell. With Dowling CJ and Stephen J. Illegal dissection of a human body. Russell, a surgeon, admitted the facts but pleaded a demurrer. Judgment reserved.

12 September 1839 Moseley v Maughan. With Dowling CJ and Stephen J. Motion for new trial dismissed as it was not served within the time required by the Court rules.Hillas v Hillas. With Dowling CJ and Stephen J. Probate dispute. Probate granted.

16 September 1839 With Dowling CJ and Stephen J. Constantine Talbot Creighton MA, William Alexander Purefoy, James Croke, John Bailey Darvin and William Hustler admitted as barristers of the Supreme Court.R v James Charles Russell. With Dowling CJ and Stephen J. Illegal dissection of a human body. Guilty. Fined 50 shillings, and to be imprisoned until the fine was paid.

19 September 1839 Neale v Dawson. With two assessors. Action to recover £23 for the supply of meat. Verdict of £28 3s 7d for the plaintiff.




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Bayles v Lahy. With two assessors. Action on a promissory note for £130. Verdict for the defendant.

21 September 1839 Lord v Cohen. With Dowling CJ and Stephen J. Application to set aside an assessment of costs before Willis J in which Willis J had refused the appearance of the defendant’s counsel on the ground that no appearance had been filed. Assessment set aside, Willis J dissenting.O’Connell v Bell. With Dowling CJ and Stephen J. A dispute over the entitlement to possession of land at Parramatta. Adjourned.Ex parte Dillon. With Dowling CJ and Stephen J. An application for mandamus to compel a magistrate at Port Macquarie to allow an attorney, John Dillon, to act on behalf of prisoners brought before him. Application granted.Greig v Pendray. With Dowling CJ and Stephen J. An application for enforcement of an award of an arbitrator. Judgment reserved.

27 September 1839 McDermott v William Long. In Equity. An examination of a debtor discharged from bankruptcy. Held, that the debtor had conducted a business under his brother’s name in order to defraud creditors. Ordered that Long pay to the plaintiff £480 2s 11d.

28 September 1839 Douglass v Gould. With Dowling CJ and Stephen J. Application for a new trial. Denied.

Smith v Cavenagh. With Dowling CJ and Stephen J. Application for a new trial. Denied.




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Hughes v Walker. With Dowling CJ and Stephen J. Application for demurrer. Upheld, Willis J dissenting.Greig v Pendray. With Dowling CJ and Stephen J. Application for a new trial. Granted.

8 October 1839 Grant v Ewen. With two assessors. Action to recover £17 5s 10d for work and labour done by a cabinet-maker. Dispute referred to an arbitrator.O’Hara v JT Wilson. With two assessors. Claim for damages for breach of contract. Plaintiff nonsuited.

12 October 1839 Fitzpatrick v Lock. With Dowling CJ and Stephen J. Action for the recovery of the value of a horse that was claimed as the property of a third party. Held that the purchase price was recoverable.R v O’Connell. With Dowling CJ and Stephen J. Application for an injunction to restrain proceedings of ejectment to obtain possession of land at Parramatta. Injunction granted.Ex parte Nichols. With Dowling CJ and Stephen J. Application for mandamus to compel a magistrate at Stonequarry to hear George Robert Nichols in defence of Charles Morris, charged with a breach of a colonial Act. Adjourned to Saturday 19 October.

19 October 1839 Re Redmond Barry. Admission as a barrister of the Supreme Court. With Dowling CJ and Stephen J. Dodds v Girard. With Dowling CJ and Stephen J. Application for a new trial. Denied.




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Coleman v Healey. With Dowling CJ and Stephen J. Argument for a demurrer. Demurrer held good.Ex parte Pilcher. With Dowling CJ and Stephen J. Application for mandamus to compel magistrates to hear a charge brought by a man against his assigned servant. Found that the charge had been withdrawn; application dismissed.Ex parte Girard. With Dowling CJ and Stephen J. Application for certiorari to quash a conviction obtained in proceedings before a magistrate. Conviction quashed.

23 October 1839 Walford v Mann. With a special jury. Action for breach of a contract for the sale of a cargo of tea. Verdict of £225 for the plaintiff.Doe dem Sparke v Weller. With a special jury. Action of ejectment to recover possession of premises at Maitland. Plaintiff nonsuited for failing to prove possession.

26 October 1839 Ex parte GR Nichols. With Dowling CJ and Stephen J. Application for writ of mandamus directing Henry Colden Antill, magistrate, to allow Nichols to conduct the defence of Charles Morris. Dowling CJ delivered judgment granting the application. Ex parte Saul Lyons. With Dowling CJ and Stephen J. Application to set aside a warrant of attorney on the ground of fraud. Rule nisi granted.Keyes v Smith. With Dowling CJ and Stephen J. Application for a new trial. Denied.Wright v Barker and Hallen. With Dowling CJ and Stephen J. Application for a new trial. Denied.




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31 October 1839 With Dowling CJ and Stephen J. Admission of attorneys: George Cooper Turner, Edward Sewell, George Glanville, Francis Walrond Edye, William Henry Goddard, Henry Littlewood, Richard O’Cock, James Montgomery.Dangar v Mann. With Dowling CJ and Stephen J. Application of a successful plaintiff for costs. Application denied.Polack v Wilson. With Dowling CJ and Stephen J. Application for an order that the solicitors to a debtor’s creditors be allowed to inspect the debtor’s books and cash box. Ordered.Curwood v Beaver. With Dowling CJ and Stephen J. Application for a new trial. Settled by the parties.Krugar v Newby. With Dowling CJ and Stephen J. Application that a debt and costs be paid by one of the defendant’s attorneys. Motion denied with costs.

1 November 1839 R v Michael Haggerty. With a civil jury. Assault with intent to murder. Guilty, transportation to Norfolk Island for life.R v Edward Sullivan and William Lee. With a civil jury. Assaulting, putting in fear and robbery on the highway. Guilty, transporta-tion for life.R v Thomas Onions alias James. With a civil jury. Forging and counterfeiting an order for £12 7s. Guilty, transportation for life.R v William Wrench and Christopher Goss. Stealing from a dwelling-house. Plea of guilty. Transportation for 10 years.

2 November 1839 R v Patrick McNichol. With a civil jury. Stabbing with intent to murder. Guilty, death recorded.




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R v James Deekin. With a civil jury. Robbery on the highway. Not guilty. The prosecutrix, Ellen Prosser, sentenced to two months in gaol for prevarication.R v Llewellyn Powell. Murder. R v James Lynch and Charles Clipp. Accessories. With a civil jury. Guilty, death.

4 November 1839 R v Joseph Wilson. With a civil jury. Perjury. Acquittal directed.R v Thomas Jordan, William Phillips, Thomas Cains and John Turner. Burglariously entering a dwelling-house and stealing. Guilty. Transportation for 10 years. R v James Thomas Richards and Letitia Foreman. Accessories. Guilty, transportation for life (Foreman and Richards were servants in the house and received the more severe sentence from Willis J “to mark his sense of the conduct of servants who, instead of protecting their master’s property, plot and contrive to induce others to plunder it”).

6 November 1839 R v Daniel McDougall. With a civil jury. Stabbing with intent to murder. Guilty, death recorded. R v Joseph Williams. With a civil jury. Aiding and assisting. Guilty, death recorded.R v Robert Robertson. With a civil jury. Rape of a girl aged 14. Guilty, transportation for life.

8 November 1839 R v Stephen Brennan. With a civil jury. Shooting with intent to murder. Guilty, transportation for life.R v Elizabeth Warburton. With a civil jury. Perjury. Guilty. Transportation for seven years (although Willis J “lamented that it was not in the power of the Court to send her from it branded as a disgrace to her own sex and to human nature”).




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9 November 1839 R v Henry Allen. With a civil jury. Murder. Guilty of manslaughter, transportation for seven years.

13 November 1839 R v Thomas Greaves. With a civil jury. Murder on the high seas. Jury directed by Willis J that the evidence could not sustain a verdict of murder, but only manslaughter or “accidental murder”. Case dismissed when the jury was unable to agree to a verdict.

16 November 1839 Lyons v Polack. With Dowling CJ and Stephen J. Bankruptcy petition. Judgment reserved.

19 November 1839 Ex parte Lyons in the case of Polack v Wilson. With Dowling CJ and Stephen J. Application calling on the plaintiff to show cause why the judgment should not be set aside for fraud and irregularity. Judgment set aside (Willis J finding that “There is here no judgment; but simply a roll of parchment, containing a mass of inoperative nonsense”).

22 November 1839 Levey v Holt. In Equity. Proceedings adjourned to allow for the joinder of further parties.

26 November 1839 Ex parte John Thomas Wilson. With Dowling CJ and Stephen J. Application for a Commission of Bankrupt against John Thomas Wilson under the English Bankrupt Act, 6 Geo IV C16. Held by Dowling CJ, Willis J and Stephen J (in separate judg-ments), the English Bankrupt Act did not apply in New South Wales.

7 January 1840 Eagar v Hall. In Equity. Application for appointment of a new trustee, and for an account. Judgment reserved.

17 January 1840 Eagar v Hall. In Equity. Order that the master take an account of the trust property.




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1 February 1840 R v Joseph Barton. With a civil jury. Stabbing, cutting and wounding. Not guilty. (The prisoner is named in Willis’ notebook as “Bartier”)R v Walter Butler. With a civil jury. Stealing a mare. Not guilty.

3 February 1840 R v Margaret Connor. With a civil jury. Subornation to commit perjury. Not guilty.R v John Williams. With a civil jury. Stealing in a dwelling-house. Guilty, transportation for 15 years.R v Alexander Fenton. With a civil jury. Shooting with intent to murder. Guilty, transportation for life.R v Frederick Stephens. With a civil jury. Stealing on the high seas (a watch valued at £5). Guilty, 12 months imprisonment in Sydney gaol (with every fourth month in solitary confinement).R v William Cummins. With a civil jury. Stealing a mare. Guilty, remanded for sentence.

4 February 1840 R v John Hunt. With a civil jury. Murder. Guilty, death.

6 February 1840 R v John McLeod and Arthur Finn. With a civil jury. Stealing in a dwelling-house and putting in fear. Guilty, transportation for 15 years.R v Robert Franks. With a civil jury. With Robbery of a postman. Guilty, transporta-tion for life.R v Charles Elliott. With a civil jury. Stealing in a dwelling-house. Guilty, transportation for 15 years.




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R v Richard Lewes. With a civil jury. Forging a promissory note for £5 with intent to defraud. Guilty, transportation for life (with a recommendation from Willis J that the sentence be commuted to transportation for seven years).R v Nebuchednezzar Lansdowne. With a civil jury. Feloniously killing by negligently driving a coach and team. Not guilty.

7 February 1840 R v Christopher Motby. With a civil jury. Arson. Not guilty.

10 February 1840 R v William Cummins. With Dowling CJ and Stephen J. Sentencing for stealing a mare. Transportation for 10 years.

18 February 1840 Fisher v Wilson. With two assessors. Application for attachment over two steam vessels. Adjourned.

McLaughlin v Jones. With two assessors. Claim for £600 for work done as superinten-dent. Verdict for the plaintiff.

19 February 1840 Fisher v Wilson. With two assessors. Application for attachment over two steam vessels. Willis J ruled that no attachment could issue over the steamship Tamar as it was not the property of JT Wilson. Debts to the value of £25,119 19s 2d were proved against Wilson.

21 February 1840 Attorney-General v Evans. In Equity. Application that an account be taken of a herd of cattle and that the defendant surrender the cattle to the Crown. Bill dismissed.Bradbury v Manning. In Equity. Application for security for costs. Denied.




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25 February 1840 Fisher v Wilson. With Dowling CJ and Stephen J. Held, Willis J dissenting, that service had been validly effected on the Steam Navigation Company.

28 February 1841 Hughes v Johnston. In Equity. Application for an order that the defendant execute a conveyance of land in George Street, Sydney, to the plaintiff. Judgment reserved.

Myles v Iredale. In Equity. Application that a report of the master be adopted. Application granted, but costs were not awarded as the plaintiff had withheld from the court a letter the production of which would have rendered the proceedings unnecessary.

7 March 1840 Hughes v Johnston. Judgment: bill dismissed with costs.Lyons v Wilson. With Dowling CJ and Stephen J. Application to set aside part of an order for attachment on the ground that some of the property did not belong to Wilson, the debtor. Granted.

10 March 1840 Lyons v Hill. With two assessors. Action for £31 3s 6d for goods sold and delivered. Plaintiff non-suited by consent.Liscombe v Bowes. With two assessors. Action for trover for the value of a mare illegally detained by the defendant. Plaintiff non-suited by consent.Kirk v Mc Gowan. With two assessors. Action for goods sold and delivered. Verdict of £18 for the plaintiff.

11 March 1840 Doe dem Taylor v Little. With a common jury. Action of ejectment to recover premises in Kent Street, Sydney. Verdict for the defendant.




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12 March 1840 Doe dem Howell v Kennedy. With a common jury. Action of ejectment to recover land on the Nepean. Verdict of one shilling for the plaintiff.

30 March 1840 Earle v White. With a common jury. Action for damages for trespass. Verdict of 40 shillings for the plaintiff.

1 April 1840 With Dowling CJ and Stephen J. David O’Golvie, William Godfrey McCarthy, Thomas Dargin, John O’Cock, Thomas Williams and ND Stenhope admitted as solicitors.Holdsworth v Wallis. With Dowling CJ and Stephen J. Application for a new trial; granted.Re Archibald Boyd. With Dowling CJ and Stephen J. Application for an order that a criminal information be filed against Boyd for inciting a breach of the peace. Rule nisi granted.

3 April 1840 Carter v Peckham. With Dowling CJ and Stephen J. Application for a new trial. Application abandoned.

6 April 1840 Howell v Kennedy. With Dowling CJ and Stephen J. Application for a new trial. Granted.

1 May 1840 R v Frederick Kirk. With a jury. Shooting with intent to murder. R v William Clarke. Aiding and abetting. Guilty, remanded for sentence.R v Henry Ford. With a jury. Arson. Not guilty.R v William Henry Humphries. With a jury. Forgery. Pleaded guilty. Transportation for life.




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2 May 1840 R v Thomas Marshall. With a jury. Shooting with intent to murder. Guilty. Transportation for life to Norfolk Island, with a recommendation that he never return to New South Wales.R v James Clark and Alexander Lambert. With a jury. Stealing and putting in fear. Guilty. Transportation for life to Norfolk Island, with a recommendation that Lambert never return to New South Wales.R v John Monaghan. With a jury. Aiding and assisting a bushranger in stealing a watch and other property. Guilty, transportation for 15 years.

4 May 1840 R v Alice Geoghan, Henry Budge and Patrick Riley. With a jury. Stealing a cow and a heifer. Not guilty.

5 May 1840 R v Edward Whalan and Patrick Farrie. With a jury. Assault and robbery of a silk pocket handkerchief. Guilty; Farrie to be transported for 15 years, Whalan to be imprisoned in Newcastle gaol for two years.R v Thomas Boardman. With a jury. Forgery. Guilty, transportation for 15 years.R v Robert Fosslin. With a jury. Stealing a cheque. Not guilty.

6 May 1840 R v Joseph Peacock. With a jury. Forgery of a cheque. Guilty, transportation for life.R v Ann Lloyd. With a jury. Concealing the birth of a child. Guilty, six months hard labour in the Factory.

7 May 1840 R v John Maloney. With a jury. Shooting with intent to murder. Not guilty.R v George Vigors and Richard Elliott. With a jury. Stealing on the highway and putting in fear. Guilty, transportation for life.




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R v Thomas Cotterell and John Lynch. With a jury. Assault with intent to commit a felony. Cotterell not guilty; Lynch guilty, transported to Norfolk Island for life.

11 May 1840 R v George Gladdie, John Madderson and John Ryan. With a jury. Shooting with intent to murder. Gladdie and Anderson guilty, transported for life. Ryan not guilty, remanded on further charges.

14 May 1840 R v Malachi Hogan and John Ryan. With a jury. Receiving stolen property. Guilty, to be transported to Norfolk Island for life.

R v Henry Herbert. With Dowling CJ and Stephen J. Application to reverse a conviction for forgery on the ground of irregularity in the indictment. Judgment set aside, prisoner remanded for new trial.

2 June 1840 Lyons v Wilson. With two assessors. Action to recover £800 advanced on a consignment of woollen goods. Examination of Wilson’s trustees.

Warne v Polack. With two assessors. Debt of £361 0s 4d proved.JT Hughes v Polack. With two assessors. Action on a bill. Verdict of £1400 with interest and costs for the plaintiff.Flower v Polack. With two assessors. Action on several promissory notes. Verdict of £2198 10s for the plaintiff.

3 June 1840 Burdekin v Bennett. With two assessors. Held, service had not been properly effected.Broughton v Lazar. With two assessors. Debt claim. Verdict for the plaintiff by direction of Willis J.




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Ware v Simmons. With two assessors. Action for damages for assault and battery and false imprisonment. Verdict of £50 for the plaintiff.Stephenson v Underwood. With two assessors. Action for goods sold and delivered. Verdict of £13 13s for the plaintiff.Burdekin v Dangar. With two assessors. Action for goods sold and delivered. Verdict of £195 10s for the plaintiff.Holdsworth v Levy. With two assessors. Action for goods sold and delivered. Verdict of £37 7s 8d for the plaintiff.Holdsworth v Darwell. With two assessors. Action for goods sold and delivered. Verdict of £80 2s 6d for the plaintiff.Cooper v Davis. With two assessors. Action for goods sold and delivered. Verdict of £21 13s for the plaintiff.Wood v Maughan. With two assessors. Action for goods sold and delivered. Verdict of £18 15s for the plaintiff.Gaull v Kennedy. With two assessors. Action for goods sold and delivered. Verdict of £10 3s for the plaintiff.Huntley v Grant. With two assessors. Action for goods sold and delivered. Verdict of £59 17s 4d for the plaintiff.Henchy v Goodwin. With two assessors. Action for goods sold and delivered. Verdict of £15 5s for the plaintiff.Onslow v Gore. With two assessors. Action for goods sold and delivered. Verdict of £54 7s 6d for the plaintiff.Kettle v Merdith. With two assessors. Action for goods sold and delivered. Verdict of £42 9s 6d for the plaintiff.




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Stuart v Colburn. With two assessors. Action for goods sold and delivered. Verdict of £34 8s 4d for the plaintiff.Richie v Tucker. With two assessors. Action for goods sold and delivered. Verdict of £20 for the plaintiff.Evans v Rooke. With two assessors. Action for board and lodging. Verdict of £25 4s for the plaintiff.Shepherd v Underwood. With two assessors. Action for board and lodging. Verdict of £26 for the plaintiff.Grose v Polack. With two assessors. Action under a promissory note. Verdict of £2088 for the plaintiff.Russell v Hewitt. With two assessors. Action for goods sold and delivered. Verdict of £33 19s 2d for the plaintiff.

5 June 1840 Sly v Talbot. With two assessors. Action for an attachment over the property of a debtor. Granted.Elliott v Wilson. With two assessors. Action for an attachment over the property of a debtor. Granted.

6 June 1840 Ex parte Lettson. With Dowling CJ and Stephen J. The rule nisi for a criminal information against Archibald Boyd (for inciting a breach of the peace) was made absolute.R v Evans. With Dowling CJ and Stephen J. Application for a hearing before the Full Court. Granted.

20 June 1840 Doe dem Taylor v Roe. With Dowling CJ and Stephen J. Application to set aside a default judgment to allow the defendant to plead. Granted.




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Small v Sloman. With Dowling CJ and Stephen J. Application for security for costs. Granted.

22 June 1840 Smithers v Knighern. With two assessors. Plaintiff non-suited.Rogers v Shelly. With two assessors. Verdict for the plaintiff by consent.Hutchinson v Richardson. With two assessors. Action to recover a debt of £70. Plaintiff non-suited for want of proper service.Amos v Newsham. With two assessors. Action for work done and performed. Verdict of £53 4s 2d for the plaintiff.Tallantine v Hughes. With two assessors. Breach of contract. Verdict of £15 for the plaintiff.Nicholls v Smart. With two assessors. Breach of contract. Verdict of £63 2s for the plaintiff.Dawson v O’Brien. With two assessors. Action for goods sold and delivered. Verdict of one shilling for the plaintiff by consent.Matthewson v Levison. With two assessors. Claim for debt. Verdict of £22 for the plaintiff.

23 June 1840 Bradley v Shipley. With two assessors. Breach of contract. Plaintiff non-suited.Hanson v Shepherd. With two assessors. Action on a promissory note. Verdict for the defendant by direction of Willis J.Marcus v Healey. With two assessors. Breach of a contract for the supply of wheat. Verdict of £18 for the plaintiff by direction of Willis J. Doe dem Dowdell v Roe. With two assessors. Action for ejectment to recover posses-sion of land at Bringelly. Verdict for the defendant.




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6 July 1840 Cobcroft v Pringle. With two assessors. Action for trespass. Verdict of one farthing for the plaintiff.

13 July 1840 R v GW Robertson. With Dowling CJ and Stephen J. Sentencing for libel. Imprisoned in Newcastle gaol for 12 months and fined £200.Toby v Rowley. With Dowling CJ and Stephen J. Application for a new trial. Granted.

14 July 1840 Nicholls v Smart. With Dowling CJ and Stephen J. Application for a new trial. Granted.Hanson v Sheppard. With Dowling CJ and Stephen J. Application for a new trial. Granted.Coleman v Humphreys. With Dowling CJ and Stephen J. Application for a new trial. Denied.Solomon v Jones. With Dowling CJ and Stephen J. Application for a new trial. Adjourned for further argument.Cobcroft v Pringle. With Dowling CJ and Stephen J. Application for a new trial. Denied.Pearce v Antill. With Dowling CJ and Stephen J. Application for a new trial. Application withdrawn.

15 July 1840 Re Thomas Shaw. With Dowling CJ and Stephen J. Application for habeas corpus. Granted.

1 August 1840 R v William Buckley. With Dowling CJ and Stephen J. Sentencing for burglary, transpor-tation for 15 years.




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3 August 1840 R v Thomas Fitzgerald. With a jury. Stealing five bottles of wine. Guilty, six months imprisonment in Sydney gaol, two in solitary confinement.

R v John Gough. With a jury. Stealing two bullocks and a cow. Not guilty.

5 August 1840 R v John Glennie. With a special jury. Murder. Guilty of manslaughter. Transported for life.

6 August 1840 R v Peter Grace. With a special jury. Stealing brandy on board ship. Guilty, one month’s imprisonment in Sydney gaol.R v Thomas Williams. With a special jury. Attempted murder. Guilty. Death recorded, subject to a report on the prisoner’s sanity.

7 August 1840 R v Peter Power. With Dowling CJ and Stephen J. Power, aged 13, had been found guilty of attempting to administer two ounces of arsenic. Imprisonment in Sydney gaol for 12 months, with solitary confine-ment one week each month.

R v George Harper. With Dowling CJ and Stephen J. Sentencing of George Harper for perjury. Transportation for seven years, to be worked in irons for the whole period.

R v David Pew. With a special jury. Uttering a forged bill. Not guilty. Prisoner remanded pending further charges.

8 August 1840 R v William Macgregor. With a jury. Forging and uttering an order for £10. Guilty of uttering, transportation for life.

R v Daniel Riley. With a jury. Forging and uttering an order for £12 9s. Guilty of uttering, transportation for life.




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R v Charles Neesom. With a jury. Stealing a handkerchief. Guilty, transportation for seven years. R v Samuel Wilson, receiving. Both guilty, seven years transportation. R v William Haole and John O’Brien, aiding and abetting. Not guilty.

R v Owen Hearn. With a jury. Stealing four bags of sugar and one box of candles.

15 September 1840 Pearson v Baker. With Dowling CJ and Stephen J. Action for damages for assault and battery and false imprisonment. Application to substitute common bail for a bail bond. Refused.

16 September 1840 Donaldson v Coomber. With Dowling CJ and Stephen J. Application to dismiss the defendant’s bail. Application granted.

In the petition of John Terry Hughes and Esther Hughes. With Dowling CJ and Stephen J. Application for a new trial. Granted, Willis J dissenting.

Hosking v Hughes. With Dowling CJ and Stephen J.

17 September 1840 Somerville v Kell. With two assessors. Action for goods sold. Verdict of £35 12s 2d for the plaintiff.

Matthewson v Dear. With two assessors. Action for goods sold. Verdict of £21 2s for the plaintiff.

Davis v Stafford. With two assessors. Action for goods sold. Verdict of £22 19s 10d for the plaintiff.Rossley v Edgehill. With two assessors. Action for goods sold. Verdict of £13 1s for the plaintiff.




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I LIke A CLAmour

Solomon v Simmons. With two assessors. Action to recover £213 for the sale of land to which no title was made out. Verdict of £213 for the plaintiff.Rust v McAlister. With two assessors. Damages for use and occupation of a farm. Verdict of £100 for the plaintiff.Harrison v Rogers. With two assessors. Action for goods sold. Verdict of £205 1s 10d for the plaintiff.Walford v Rogers. With two assessors. Action for goods sold. Verdict of £167 15s 4d for the plaintiff.Walford v Green. With two assessors. Action for goods sold. Verdict of £60 12s for the plaintiff.Muller v Lloyd. With two assessors. Action for apparel sold. Verdict of £12 3s for the plaintiff.Kettle v Fraser. With two assessors. Breach of contract. Verdict of £1955 for the plaintiff.Walford v Mann. With two assessors. Action for goods sold. Verdict of £37 11s 6d for the plaintiff.Barnett v Peckham. With two assessors. Action for goods sold. Verdict of £43 1s 4d for the plaintiff.Henley v Hill. With two assessors. Action for goods sold. Verdict of £27 10s for the plaintiff.Walford v Wayte. With two assessors. Action for goods sold. Verdict of £138 0s 11d for the plaintiff.Kettle v Evans. With two assessors. Action for goods sold. Verdict of £36 10s for the plaintiff.




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Walford v Rolfe. With two assessors. Action for goods sold. Verdict of £106 11s 8d for the plaintiff.Huntley v Vincent. With two assessors. Action for goods sold. Verdict of £69 11s for the plaintiff.Lord v Simpson. With two assessors. Action for goods sold. Verdict of £59 13s 1½d for the plaintiff.Tegg v Gaggin. With two assessors. Action for goods sold. Verdict of £22 17s 6d for the plaintiff.Jones v Johnson. With two assessors. Action for goods sold. Verdict of £143 4s 11d for the plaintiff.Holmes v Wingfield. With two assessors. Action for goods sold. Verdict of £10 12s 8½ d for the plaintiff.Smith v Williamson. With two assessors. Action for goods sold. Verdict of £36 14s 10d for the plaintiff.Ellis v Rust. With two assessors. Action for two years’ rent. Verdict of £130 for the plaintiff.McDermott v Dixon and Peacock. With two assessors. Action for goods sold. Verdict of £28 13s for the plaintiff.Wedderburn v Davis. With two assessors. Action for goods sold. Verdict of £6 7s for the plaintiff.McNeish v Tupps. With two assessors. Action for goods sold. Verdict of £132 19s 1d for the plaintiff.Robinson v Webber. With two assessors. Action for goods sold. Verdict of £17 1s 8d for the plaintiff.




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I LIke A CLAmour

Byres v Crampton. With two assessors. Action for debt. Verdict of £11 15s 3d for the plaintiff.

Black v Lockhart. With two assessors. Action for goods sold. Verdict of £61 for the plaintiff.

Sloman v Walford. With two assessors. Action for goods sold. Verdict of £10 17s 6d for the plaintiff.

Peek v Matthewman. With two assessors. Action for goods sold. Verdict of £83 12s 10d for the plaintiff.

Wedderburn v Snow. With two assessors. Action for goods sold. Verdict of £21 9s for the plaintiff.

Fennell v Frazer. With two assessors. Action for goods sold. Verdict of £24 3s 5d for the plaintiff.

McMechin v Lear. With two assessors. Action for damages for malicious imprisonment. Verdict of £30 for the plaintiff.

Bowden v Lowe. With two assessors. Action for goods sold. Verdict of £43 15s for the plaintiff.Himley v Anderson. With two assessors. Application to recover overpayment of £40 on a sale of land. Verdict of £40 for the plaintiff.Williams v Arnold. With two assessors. Action on a bill of exchange, acceptance of which was refused. Referred to the assessors.Jones v Gard. With two assessors. Action on a bill of exchange and for debt. Verdict of £669 for the plaintiff.




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Reuben v Brown. With two assessors. Action for goods sold. Verdict of £19 for the plaintiff.Carn v Ward. With two assessors. Damages for assault. Verdict of £100 for the plaintiff.McDermott v Donnelly. With two assessors. Action for goods sold. Verdict of £400 8s 10d for the plaintiff.McDermott v Simpson. With two assessors. Action for goods sold. Verdict of £12 for the plaintiff.Bryan v Beale. With two assessors. Action for goods sold. Verdict of £19 for the plaintiff.Burgess v McMillan. With two assessors. Action for goods sold. Verdict of £48 3s 10d for the plaintiff.Lyons v Kemp. With two assessors. Action for goods sold. Verdict of £106 9s 10d for the plaintiff.Robinson v Webber. With two assessors. Action for goods sold. Verdict of £30 for the plaintiff.Kettle v Newman. With two assessors. Action for goods sold. Verdict of £29 7s 6d for the plaintiff.Reynolds v Wilson. With two assessors. Action for debt. Verdict of £17 17s 6d for the plaintiff.Spark v Talbot. With two assessors. Attachment of money held by a third party. Order granted.Wentworth v Savage. With two assessors. Attachment of money held by a third party. Order granted. Hawkins v Smith. With two assessors. Attachment of money held by a third party. Order granted to the extent of £35.




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I LIke A CLAmour

Edwards v Watson. With two assessors. Attachment of money held by a third party. Order granted.Dodds v Spicer. With two assessors. Attachment of money held by a third party. Order granted.Jones v Foss. With two assessors. Attachment of money held by a third party. Order granted.Abercrombie v Frodsham. With two assessors. Attachment of money held by a third party. Denied.Dodds v John Thomas Wilson. With two assessors. Proof of debt against Wilson.

19 September 1840 J Hosking v Rosetta Terry. With Dowling CJ and Stephen J. Application against the executors of a will, seeking discovery of the assets. Earlier judgment of Willis J, dismiss-ing the application, affirmed with costs.Pierce v Antill. With Dowling CJ and Stephen J. Application for a new trial. Granted.

22 September 1840 McLauglan v Jones. With two assessors. Claim for payment of wages. Verdict of £220 6s 6d for the plaintiff.Bryant v Hosking. With two assessors. Verdict of £500 for the plaintiff by consent.

23 September 1840 Brown v Hayward. With two assessors. Action on a bill of exchange. Verdict for the defendant.Irving v Wentworth. Action on a promissory note and for goods sold. Verdict of £300 2s 3d for the plaintiff.Jones v Coombs. Action for goods sold and delivered. Verdict of £43 6s 9d for the plaintiff.




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24 September 1840 Condell v Johnson. With two assessors. Action on a promissory note. Verdict of £33 10s for the plaintiff.

25 September 1840 Mudie v Kinchela. With Dowling CJ and Stephen J. Application to set down trial for 26 October; granted.Eales v Lethbridge. With Dowling CJ and Stephen J. Application to make absolute an order to set aside an award. Order discharged with costs.Donaldson v Coombs. With Dowling CJ and Stephen J. Application to substitute common bail for special bail. Refused.Pearson v Baker. With Dowling CJ and Stephen J. Application to substitute common bail for special bail. Refused.

1 October 1840 Klensendorffe v Smith. With two assessors. Verdict for the plaintiff for £300 by consent.Walford v Hart. With two assessors. Action for debt. Verdict for the plaintiff of one shilling, the debt having been paid after proceedings commenced.Leech v Chivers. With two assessors. Action for damages for assault and false imprison-ment. Verdict for the plaintiff.

7 October 1840 Walford v Martin. With two assessors. Action on a promissory note. Verdict of £207 for the plaintiff.Glew v Sanderson. With two assessors. Action for goods sold and delivered. Verdict of £306 for the plaintiff.Francis v Hallett. With two assessors. Action for goods sold and delivered. Verdict of £16 5s for the plaintiff.Botts v Brown. With two assessors. Action for goods sold and delivered. Verdict of £15 10s for the plaintiff.




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I LIke A CLAmour

Samuel v Spark. With two assessors. Action for goods sold and delivered. Verdict of £18 7s for the plaintiff.

Peek v Cole. With two assessors. Action for goods sold and delivered. Verdict of £19 16s for the plaintiff.

Hebblewhite v Roberts. With two assessors. Action for damages for trespass. Verdict of £14 6s for the plaintiff.

Cairns v Grant. With two assessors. Action for goods sold and delivered. Verdict of £40 13s for the plaintiff.

Huntley v Snow. With two assessors. Action for goods sold and delivered. Verdict of £22 19s for the plaintiff.

Hart v Bailey. With two assessors. Claim for debt. Verdict of £105 for the plaintiff.

Hindmarsh v Thompson. With two assessors. Action for breach of warranty in a contract for the sale of a gig. Verdict of £68 for the plaintiff.

10 October 1840 Sparke v Weller. With Dowling CJ and Stephen J. Application for a new trial. Granted.

McCann v Walton. With Dowling CJ and Stephen J. Application for a new trial. Denied.

Girard v Newsham. With Dowling CJ and Stephen J. Application for a new trial. Granted.

Leech v Chivers. With Dowling CJ and Stephen J. Application for a new trial. Granted.




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13 October 1840 Manefield v Aull. With a common jury. Application to recover sums of money with which the defendant had absconded. Verdict of £200 for the plaintiff by consent, subject to an award by Mr a’Beckett.

Green v Pashley. With a common jury. Application for damages for enticing away an apprentice. Verdict of one farthing for the plaintiff.

Watt v Farenghar. With a common jury. Slander and libel. Verdict of £1000 for the plaintiff, subject to a reference of the dispute to Mr William Dawes.

Doe dem Redman v O’Brien. With a common jury. Action of ejectment to recover posses-sion of premises in George Street. Verdict of one shilling for the plaintiff.

16 October 1840 Hall v Scougall. With a special jury. Trespass. Verdict of 40 shillings for the plaintiff.

22 October 1840 Sampson v Liscombe. With a special jury. Action to recover damages for breach of a contract for the sale of a herd of cattle. Plaintiff non-suited owing to deficiencies in evidence.

Carrington v Hogue. With a special jury. Action for damages for assault. Verdict for the defendant.

26 October 1840 Mudie v Kinchela. With a special jury. Action for damages for assault. Verdict of £50 for the plaintiff.

27 October 1840 Moore v Dunlop. With a special jury. Breach of contract. Verdict of £3000 for the plaintiff by consent subject to a reference to three arbitrators.




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I LIke A CLAmour

Pearson v Baker. With a special jury. Action for assault and false imprisonment in New Zealand. The case, having settled, was struck off the list.Doe dem Hall v Matthews. With a special jury. Action of ejectment. Verdict for the defendant.

31 October 1840 With Dowling CJ. John Gurner, William Hardy, John McBenn McIntosh, John Stirling Home, John Staple, Hubert Solway, John Davis and Henry Burton Bradley admitted as solicitors of the Supreme Court.Nichols v Smart. With Dowling CJ. Application for costs in a case abandoned by the plaintiff. Granted.

2 November 1840 R v Thomas Humphrey. With a common jury. Stealing a bullock. Not guilty.R v William Walsh. With a common jury. Assault and robbery. Not guilty.

5 November 1840 R v Thomas Holmes. With a common jury. Murder. Guilty of manslaughter. Twelve months imprisonment in Newcastle gaol.

16 November 1840 R v John Ward Gaffney. With Dowling CJ and Stephen J. Application for an attachment against White Cullen, who had failed to make an appearance while on bail. Granted.R v Eliza Cashen alias Eliza Jordan alias Eliza Morrison. Sentence reduced to 24 hours in Sydney gaol.Murray v Matthew. With Dowling CJ and Stephen J. Action of trover to recover possession of a horse. Verdict for the defendant, Willis J dissenting.Walford v Mann. With Dowling CJ and Stephen J. Application to set aside an award of arbitrators on the ground of irregularity; granted.




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Doe dem Hall v Matthews. With Dowling CJ and Stephen J. Application to set aside a verdict in favour of the defendant. Application denied on the ground that it was not served in the proper manner.

17 November 1840 Kellett v Tucker. With Dowling CJ and Stephen J. Argument on a demurrer to two pleas filed by the defendant. Judgment for the plaintiff on the second plea and for the defendant on the first.

Newton v Wright. With Dowling CJ and Stephen J. Application for summary judg-ment. Denied.

Hanson v Dunlop. With Dowling CJ and Stephen J. Application to be joined to plead on payment of costs. Denied.

Mann v Macquoid. With Dowling CJ and Stephen J. Application to restore a case which had been struck out. Denied.

Smith v Cohen. With Dowling CJ and Stephen J. Application for review of taxation of costs by the master. Granted.

Pendray v Greig. In Equity. With Dowling CJ and Stephen J. Application to strike out answers made by the defendant for irregularity. Application deferred to the appointment of the equity judge.

29 January 1841 Davis v Stewart. Insolvent Debtors’ Court. Defendant discharged from custody.

Plumer v Brown. Insolvent Debtors’ Court. Defendant remanded to amend his schedule.

1 February 1841 R v Robert Kearnes. With a jury. Burglary. Guilty, transportation for 10 years.




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R v Michael Minter, John Smith and Carl Cook. With a jury. Stealing 10 bottles of wine on a vessel at sea. Smith acquitted by direction of Willis J; Minter and Cook not guilty. A witness, John Marshall, committed for 14 days for contempt of court.

2 February 1841 R v William Jones. With a jury. Forging an order for £1. Guilty of uttering. Transportation for life.R v James Martin and Cornelius O’Brien. With a jury. Burglary. Guilty. Transportation for 10 years.R v Cornelius O’Brien. With a jury. Biting with intent to disfigure. Acquitted by direction of Willis J.R v William Butts. With a jury. Stabbing. Not guilty.

3 February 1841 R v William Turton and William McGrogan. With a jury. Robbery with violence. Guilty. Turton transportation for 15 years, McGrogan three years hard labour in Newcastle gaol.R v Joseph Barber. With a jury. Stealing articles of clothing on a vessel at sea. Guilty, to be worked on the treadmill for 10 days.

Cases in Port Phillip12 April 1841 R v Jeremiah Murphy. With a jury. Larceny.

Guilty, transported for seven years.R v John Drumgold. With a jury. Larceny. Guilty, transported for seven years.R v James Browne. With a jury. Larceny. Guilty, transported for 14 years.R v William Wayland. With a jury. Assault with intent to abuse a child under 10; common assault. Not guilty.




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R v William Gammill. With a jury. Assault with intent to commit an unnatural crime. Guilty, two years imprisonment in Melbourne gaol with hard labour.

16 and 26 April 1841

R v Walter William Maxwell. With a jury. Larceny. Acquitted by direction of Willis J.

26 April 1841 R v Denis Hogan. With a jury. Horse stealing. Guilty, transported for 15 years.R v John McCarthy, alias John Kiddy, alias John Davis. With a jury. Horse stealing. Guilty, transported for 15 years.R v Henry Agnew. With a jury. Assault. Guilty. Six months imprisonment in Melbourne gaol, fined £50 (and imprisoned until payment of the fine).R v William Riley. With a jury. Larceny. Guilty. Transported for seven years.R v Alexander Wilson. With a jury. Forgery of a cheque. Guilty. Death recorded (with a recommendation from Willis J that this be commuted to transportation for life).R v Patrick Keaton. Prisoner discharged by proclamation, no information having been filed against him.

29 April 1841 Harper v Bell. With two assessors. Action for goods sold and delivered. Verdict of £30 for the plaintiff.Kemmis v Muir. With two assessors. Action for goods sold and delivered. Verdict of £62 15s 4d for the plaintiff.Kemmis v Liardet. With two assessors. Action for goods sold and delivered. Verdict of £159 for the plaintiff.Cropper v Connor. With two assessors. Action for the balance of a disputed account. Verdict of £10 for the plaintiff.




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I LIke A CLAmour

Pittman v Mackenzie. With two assessors. Action for goods sold and delivered. Verdict of £166 13s 4½d for the plaintiff.Cropper v Bourhill. With two assessors. Action for goods sold and delivered. Verdict of £50 11s 5d for the plaintiff.Kemmis v Hooson. With two assessors. Action for goods sold and delivered. Verdict of £53 for the plaintiff.Re Joseph Rushton. Ecclesiastical Jurisdiction. Probate of the will granted to the widow as sole executrix.

8 May 1841 Keary v Patterson. Motion for leave to enter judgment. Denied with costs.

15 May 1841 R v John Paine. With a jury. Manslaughter. Guilty, with a recommendation for mercy. Imprisoned in Melbourne gaol for 24 hours.R v Thomas Leahy. With a jury. Murder. Guilty, death.R v William McVea. With a jury. Manslaughter. Not guilty.

17 May 1841 R v Michael Goodwin and Thomas Connock. With a jury. Manslaughter. Not guilty.

18 May 1841 R v Charles Scott. With a jury. Larceny. Guilty, transported for seven years.R v John Roach. With a jury. Assault. Guilty. Imprisoned in Melbourne gaol for one month, fined £5 (and imprisoned until payment of the fine).R v William Jenkins, John Remington, William Martin, Edward Collins and John Morrison. With a jury. Shooting with intent to kill or maim an aboriginal man named Tommy or Goudu-urmin. Acquitted by direction of Willis J on the ground of self-defence.




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R v Joseph Thompson and Robert Gosling. With a jury. Larceny. Guilty, transportation for seven years.R v John Caton. With a jury. Assault. Guilty. Twelve months imprisonment in Melbourne gaol with hard labour.R v Thomas Watson. With a jury. Larceny. Not guilty.R v John Wood. With a jury. Uttering counterfeit coins. Guilty, six months impris-onment and to find two sureties for his good behaviour for a further six months.

19 May 1841 R v John McGill. With a jury. Larceny. Two years imprisonment with hard labour.R v George White. Murder. Prosecution discontinued, prisoner discharged.R v Francis Lamb. With a jury. Receiving a mare. Not guilty.

4 June 1841 Ex parte William Highett. Application in respect of a purchase of land (the precise nature of the application is unclear). Denied.Patterson v Harrison. With two assessors. Action for work done and performed. Verdict of £71 14s 8d for the plaintiff.Brown v Bird. With two assessors. Action for the purchase price of five rams. Verdict of £22 10s for the plaintiff.St John v Morrison. With two assessors. Action dismissed as premature.Frost v Walton. With two assessors. Verdict of £44 8s 6d for the plaintiff.Kettle v Smith. With two assessors. Action for work done and performed. Verdict of £13 for the plaintiff.Power v Cannon.




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I LIke A CLAmour

James v Tullock. With two assessors. Action for goods sold and delivered. Verdict of £34 1s 9d for the plaintiff.

Mills v Jones. With two assessors. Verdict of £27 18s 8d for the plaintiff.

Brown v Lockwood. With two assessors. Verdict of £72 15s 7d for the plaintiff.

Patterson v Carey. With two assessors. Verdict of one shilling for the plaintiff.

Pell v Cooper. With two assessors. Verdict of £52 2s 6d for the plaintiff.

Rucker v Rose. With two assessors. Verdict of £29 for the plaintiff.

Campbell v Hodson. With two assessors. Plaintiff non-suited.

Campbell v McKenzie. With two assessors. Action on a bill of exchange. Verdict of £223 10s for the plaintiff.

Williams v Williams. With two assessors. Action for breach of a contract for the sale of flour. Verdict of £45 for the plaintiff.Sayers v Mitchell. With two assessors. Action for the value of goods seized without authority. Verdict of £50 for the plaintiff.Burnley v White. With two assessors. Action for goods sold and delivered. Verdict of £131 for the plaintiff.

15 June 1841 R v Thomas Watson. With a jury. Larceny of a coat. Guilty, transportation for seven years.R v Eliza Jennings. With a jury. Guilty, 12 months imprisonment with hard labour.

16 June 1841 R v George Finby, alias George Tims, John Tomlinson alias John Needle and James Tims. With a jury. Stealing. Not guilty.




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R v James Riley. With a jury. Larceny of a saddle. Guilty, transportation for seven years.

R v Ambrose Lavoca. With a jury. Larceny of pistols on a vessel at sea. Guilty, transporta-tion for seven years.

R v Charles Neale. With a jury. Stealing a horse. Guilty, transportation for 15 years.

18 June 1841 Hawdon v Simpson. Application to strike out a pleading. Denied.

29 June 1841 Re JW Thurlow. Application for an attach-ment. Thurlow suspended from acting as an attorney, solicitor and proctor until 1 October 1841.

15 July 1841 R v Joseph Barker. With a jury. Assault. Guilty, two years imprisonment with hard labour.

R v Richard Hazzard. With a jury. Larceny as a servant. Guilty, transportation for 14 years.

R v James Carleton. With a jury. Embezzlement. Not guilty.

R v Henry Williams. With a jury. Stealing from the person. Guilty, transportation for 10 years.R v Daniel Ryan. With a jury. Assaulting a constable. Guilty, fined £2.

17 July 1841 R v Donald Simson. With a jury. Perjury. Not guilty.

16 August 1841 R v John Connolly. With a jury. Larceny of clothing. Guilty, transportation for seven years.R v Mary Timmins. With a jury. Larceny of clothing. Not guilty.




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R v Joseph Braham and Thomas Hefferen. Robbery with violence. Pleaded guilty, transportation for 15 years.

R v Lawrence Ormond Butler. Assault. Pleaded guilty, three months imprisonment with hard labour.

R v James Shanny. With a jury. Larceny. Guilty, imprisoned for two years with hard labour.

20 August 1841 R v DC Simson, JM Darlot and HN Simson. With a jury. Conspiracy to defraud. Not guilty.

R v Michael Cannon. With a jury. Forgery. Guilty, transportation for life.R v Vezella Rainbow. With a jury. Larceny. Guilty, six months imprisonment.

27 August 1841 R v Edward Hyde, Timothy O’Keiffe and Patrick Carthy. With a jury. Larceny of wine. Not guilty.R v Jane Wilson. With a jury. Stealing a necklace. Acquitted by direction of Willis J.R v David Forrest. With a jury. Larceny of a quantity of gin. Not guilty.R v William Hartley. With a jury. Obtaining £1 by false pretences. Acquitted owing to the absence of a material witness.R v Samson Ivy. With a jury. Assault. Not guilty by reason of self-defence.

10 September 1841 Robins & Healey v Anderson. Application of an insolvent debtor to be discharged. Denied.

15 September 1841 R v John Marshall. With a jury. Larceny. Pleaded guilty. Fourteen days imprison-ment in Melbourne gaol.




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R v Lawrence Ormond Butler. Balance of sentence ordered on 16 August 1841 remit-ted due to the destitution of the offender’s wife and the offender’s remorse.R v Thomas Tookey. With a jury. Horse stealing. Guilty. Transported for 15 years.R v Michael Finnigan. With a jury. Horse stealing. Guilty. Transported for 15 years.R v Evan Rees. With a jury. Forgery. Guilty. Transported for life.

16 September 1841 R v James Brown. With a jury. Obtaining goods (a silver watch and gold chain) under false pretences. Guilty. Transported for seven years.R v Bonjon. With a jury. Murder. Willis J issued a preliminary opinion that the Supreme Court had no jurisdiction. Charge withdrawn.

24 September 1841 Gosling v Dutton. In Equity. Application for an injunction. Adjourned.Re HN Carrington. Carrington was summoned to explain an affidavit filed by his clerk in proceedings in which Carrington was acting.

28 September 1841 Budd v Harrison. In Equity. Debtor discharged.Gosling v Dutton. In Equity. Application for an injunction. Adjourned.

15 October 1841 R v William Callagher, David Mahony, John Cokerell and John Ward. With a jury. Conspiracy to raise wages. Prosecution abandoned due to absence of witnesses, prisoners acquitted.R v James Hall. With a jury. Larceny. Acquitted.R v William McDonald. Larceny. Pleaded guilty, 12 months imprisonment.




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16 October 1841 R v Charles Jones. With a jury. Extortion. Not guilty.R v William McCanlin Bannister. With a jury. Forgery. Acquittal directed by Willis J.R v Charles Jones. With a jury. Forgery. Not guilty.

3 November 1841 Mills v Stewart. With two assessors. Undefended. Verdict of £84 for the plaintiff.Mills v Mack. With two assessors. Undefended. Verdict of £68 2s for the plaintiff.Callaghan McCarthy v Hodgson. With two assessors. Undefended. Verdict of £30 for the plaintiff.Cailing v Price. With two assessors. Undefended. Verdict of £27 12s 8d for the plaintiff.Purvis v Seymour. With two assessors. Undefended. Verdict of £129 5s for the plaintiff.Miller v Cropper. With two assessors. Undefended. Verdict of £25 14s for the plaintiff.Mullar v Gardiner. With two assessors. Undefended. Verdict of £50 for the plaintiff.Turnbull & Co v Seymour. With two asses-sors. Undefended. Verdict of £16 15s for the plaintiff.Kerr v Quinan. With two assessors. Undefended. Verdict of £84 for the plaintiff.Howard v Williams. With two assessors. Undefended claim for rent. Verdict of £32 for the plaintiff.Hamilton v Hooson. With two assessors. Undefended. Verdict of £12 12s 9d for the plaintiff.




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Best v Carey. With two assessors. Undefended claim for labour and goods sold. Verdict of £162 10s for the plaintiff.Mason v Lane. With two assessors. Undefended. Verdict of £10 18s 8d for the plaintiff.

5 November 1841 Taylor v Rucker. With two assessors. Action for goods sold and delivered. Verdict of £13 for the plaintiff.Stewart v Wood. With two assessors. Action on two bills of exchange. Verdict of £263 10s for the plaintiff.Sugden v Coxem. With two assessors. Plaintiff non-suited.Liddy v Field. With two assessors. Action for work and labour done. Verdict of £25 for the plaintiff by consent.Cannon v Russell. With two assessors. Dispute over the sale of land. Verdict for the defendant.

8 November 1841 Mills v Lane. With two assessors. Action for goods sold and delivered. Verdict of £31 5s 9d for the plaintiff.Rucker v Monro. With two assessors. Action on a bill of exchange. Verdict of £73 16s 11d for the plaintiff.Murdoch v Lake. With two assessors. Action for goods sold and delivered.Langhorne v Hooson. With two assessors. Verdict of £27 7s 10d for the plaintiff.Abrahams v Hodgson. With two assessors. Breach of contract. Verdict of £13 for the plaintiff.

10 November 1841 Robins v Liardet. With two assessors. Action for goods sold and delivered. Verdict of £62 for the plaintiff.




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Fawkner v Gill. With two assessors. Action for use and occupation. Verdict of £22 8s 6d for the plaintiff.Harris v Davis. With two assessors. Action for work and labour. Verdict for the plaintiff of £350 15s 3d subject to a reference.Robins v Barrett. With two assessors. Action for assumpsit. Verdict for the plaintiff of £39.Graham v Walton. With two assessors. Action for goods sold and delivered (a coffin). Verdict for the plaintiff of £20 10s.Worsley v Muirison. With two assessors. Debt claim. Verdict for the plaintiff of £214 7s.

12 November 1841 Were v Smyth. With two assessors. Action to recover passage money. Verdict of £70 for the plaintiff.Robins v Barrett. Motion to set aside judg-ment. Granted.

15 November 1841 Deane v Sharpe. With two assessors. Action for goods sold and delivered. Verdict for the plaintiff of £13 5s.Cole v Dutton. With two assessors. Debt claim. Verdict for the plaintiff of £3047 5s 5d.Mills v Evans. With two assessors. Verdict for the plaintiff of £6.Mills v Liardet. With two assessors. Verdict for the plaintiff of £220.James v Esmond. With two assessors. Verdict for the plaintiff of £19 10s.Arden & Strode v Williams. With two asses-sors. Verdict for the plaintiff of £55 11s 6d.Arden & Strode v Hodgson. With two asses-sors. Verdict for the plaintiff of £30 2s 3d.




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Carmody v Kibble. With two assessors. Verdict for the plaintiff of £37 7s.McCarthy v Mounby. With two assessors. Verdict for the plaintiff of £26 18s 8d.Brown v Wills. With two assessors. Action for work and labour. Verdict for the defendant.Price v Wills. With two assessors. Action for work and labour. Verdict for the plaintiff of £147.Erskine v Muller. With two assessors. Verdict for the plaintiff of £46 1s 4d subject to a reference.Cole v Carrington. With two assessors. Motion for attachment. Sherwin v Stephens. With two assessors. Action on a bill of exchange. Verdict for the plaintiff of £259.Gorman v O’Neill. With two assessors. Breach of a promise of marriage. Verdict for the plaintiff of £100.Melville v Somerville. With two assessors. Action for work and labour. Verdict for the plaintiff of £30.Inglis v Carey. With two assessors. Plaintiff non-suited.Mercer v Carey. With two assessors. Action on a bill of exchange. Plaintiff non-suited.Carey v Lamb. With two assessors. Action on three bills of exchange. Plaintiff non-suited.Kemmiss v Smith. With two assessors. Action on two bills of exchange. Plaintiff non-suited.McIntosh v Bowden. With two assessors. Action for work and labour. Verdict of £12 for the plaintiff.




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24 November 1841 Connell v Meek. With two assessors. Claim for purchase money for a sale of land. Plaintiff non-suited.

26 November 1841 R v Catherine Fitzsimmonds. With a jury. Larceny. Guilty. Imprisonment for 12 months in Melbourne gaol.R v John Smith. With a jury. Robbery. Guilty, transportation for seven years.R v John Murray. With a jury. Larceny. Guilty. Imprisonment for two years in Melbourne gaol.R v Marie Smith. With a jury. Larceny. Not guilty.R v George Kilpatrick. With a jury. Horse stealing. Guilty, transported for life.

27 November 1841 R v John Levy. With a jury. Cattle stealing. Acquitted by direction of Willis J.R v Thomas Jones. With a jury. Larceny. Guilty. Imprisonment for two days in Melbourne gaol.R v James Eliot. With a jury. Receiving. Guilty. Imprisonment for two days in Melbourne gaol.R v John Smith. With a jury. Larceny. Guilty. Imprisonment for 12 months in Melbourne gaol.R v James Sullivan. With a jury. Larceny. Guilty, with a recommendation for mercy. Imprisonment for one week in Melbourne gaol.

29 November 1841 R v Thomas Groves. With a jury. Assault with intent to maim. Guilty of common assault. Three months imprisonment in Melbourne gaol, fined £3 (and to remain imprisoned until payment of the fine).




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R v John Bollman and Frederick Nicholls. With a jury. Larceny. Guilty. Imprisonment for two months in Melbourne gaol.R v Mary James alias Mary Vallance. With a jury. Larceny. Not guilty.R v John Wilson. With a jury. Forgery. Guilty, transportation for life.R v John Mooney. With a jury. Extortion. Acquitted when the prosecution failed to lead any evidence.R v William Taylor, Stephen Marrell and Henry Longford. Larceny of a cask of wine on a vessel at sea. Prosecution abandoned as prisoners had left the colony, prisoners discharged.

30 November 1841 R v John William Houston. With a jury. Extortion. Prosecution abandoned during the trial, prisoner acquitted.R v Joseph Day and Robert Bruce. With a jury. Robbery on the highway. Guilty, transporta-tion for life.

1 December 1841 R v William Macarra. With a jury. Receiving. Prosecution abandoned when witnesses could not be procured. Prisoner acquitted.R v William Macarra. With a jury. Larceny. Not guilty.R v Miles Kernes. With a jury. Forgery. Not guilty.

2 December 1841 R v Sandford George Bolden. With a jury. Shooting with intent to murder. Acquittal directed by Willis J.

4 December 1841 R v Mary James alias Mary Vallance. With a jury. Larceny. Pleaded guilty. Three years imprisonment in Melbourne gaol with hard labour.




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4, 24 December 1841

R v Thomas Emmerson Chandler. With a jury. Stealing in a dwelling-house. Guilty. Transportation for 15 years.

4 December 1841 R v George Say. With a jury. Larceny. Acquittal directed by Willis J.

15 December 1841 R v Patrick Kelly. With a jury. Horse stealing. Pleaded guilty. Transportation for life.

20 December 1841 R v Robert Temmy Small Boy, Jack Napoleon Tunninpareway, Lallah Rookh Truganina, Fanny Waterpoordeyer and Maria Matilda Nallepolemmer. With a jury. Murder. Robert Temmy Small Boy and Jack Napoleon Tunninpareway guilty. Death, with the jury recommending mercy. Lallah Rookh Truganina, Fanny Waterpoordeyer and Maria Matilda Nallepolemmer, not guilty.

22 December 1841 R v Michael Lawler. With a jury. Assault. Guilty. Two years imprisonment in Melbourne gaol.

R v John McEvoy. With a jury. Embezzlement and larceny. Not guilty.

R v Vesey Duffey. With a jury. Larceny. Pleaded guilty. Two years imprisonment in Melbourne gaol.

R v Peter Cardwell. With a jury. Larceny. Guilty. Transportation for seven years.

7 January 1842 R v Peter Turte and Catherine Turte. With a jury. Keeping a disorderly house. Guilty. Two years imprisonment in Melbourne gaol, Peter Turte fined £50 (and to remain imprisoned until payment of the fine).

R v Patrick Conroy. With a jury. Larceny. Guilty. Transportation for seven years.




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R v William Marchant. With a jury. Obtaining property by false pretences. Acquitted by direction of Willis J when a prosecution witness could not recall events. The witness, Muirson, imprisoned for one month for prevarication.R v John Barry. With a jury. Forgery. Acquitted by direction of Willis J for want of proof of the person intended to be defrauded.R v John Griffiths. With a jury. Larceny of a watch. Guilty, transportation for seven years.

11 January 1842 Levein v Wigglesworth. With two assessors. Verdict of £21 9s 2d for the plaintiff.Kemmis v Watson. With two assessors. Verdict of £1 for the plaintiff.

17 January 1842 Ex parte Williamson. Application for an attachment against William Meek and Richard O’Cock. Order nisi granted against Meek, no order against O’Cock.O’Brien v Anderson. With two assessors. Verdict of £18 for the plaintiff.Kemmis v Kell. With two assessors. Verdict of £32 4s 9d for the plaintiff.Kemmis v Reynolds. With two assessors. Verdict of £23 1s 9d for the plaintiff.Levine v Campbell. With two assessors. Plaintiff non-suited.

21 January 1842 Harper v Lamb. 24 January 1842 Anderson v Stodden. With two assessors.

Verdict of £37 18s 7½d for the plaintiff.Crocket v Hooson. With two assessors. Verdict of £22 for the plaintiff.Mills v Beaver. With two assessors. Verdict of £79 for the plaintiff.




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Jackson v Johnson. With two assessors. Verdict of £21 3s for the plaintiff.Austin v Ledgwood. With two assessors. Verdict of £14 17s 8d for the plaintiff.Taylor v Martins. With two assessors. Verdict of £13 18s for the plaintiff.Bertram v La Soueff. With two assessors. Action for work and labour. Verdict of £31 15s for the plaintiff.Johnson v Jonas. With two assessors. Verdict of £15 for the plaintiff.Kemmis v Smith. With two assessors. Action on a bill of exchange. Verdict of £189s for the plaintiff.Moloney v Lennard. With two assessors. Verdict of £14 for the plaintiff subject to reference.Lyford v Donovan. With two assessors. Application for balance of account. Verdict for the defendant.

25 January 1842 Wigmore v Price. With two assessors. Action for goods sold and delivered. Verdict of £14 15s for the plaintiff.Cavenagh v Mary Watson. With two assessors. Action for assumpsit. Plaintiff non-suited.

28 January 1842 Doe dem Smith v Anderson. With a common jury. Action for ejectment. Verdict for the plaintiff.McAlpine v Ferrie. With a common jury. Action for damages for trespass. Verdict for the plaintiff of £141.Doyle v Robertson. With a common jury. Action for wrongful imprisonment. Plaintiff non-suited.




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8 February 1842 Re George Lilly. Application for sequestra-tion. Application granted.McDermott and Dixon v Langhorne. Application to set aside a sham plea. Denied.Re Dutton, Simson and Darlot. Application by arbitrators to order George Cavenagh to produce documents. Cavenagh directed to produce the documents.

9 February 1842 Re Dutton, Simson and Darlot. Application by arbitrators to order George Cavenagh to produce documents. Documents produced.

15 February 1842 R v William Weay. With a jury. Stealing in a dwelling-house and putting in fear. Guilty. Two years imprisonment in Melbourne gaol with hard labour.R v Daniel Solhurst and Mary Solhurst. With a jury. Larceny. Daniel Solhurst guilty, with the jury’s recommendation for mercy. Three years imprisonment in Melbourne gaol with hard labour. Mary Solhurst not guilty.R v John Davidson. With a jury. Horse stealing. Not guilty.R v Edward Brown. With a jury. Larceny. Not guilty.R v Jane Brown. With a jury. Larceny. Pleaded guilty. Six months imprisonment in Melbourne gaol.R v John Cousins alias John Welbank. With a jury. Larceny. Acquittal directed by Willis J due to the drunkenness of a witness, Ann McMahon (who was imprisoned for one month for contempt of court).R v Mary Saunders. With a jury. Uttering a forged cheque. Not guilty.

16 February 1842 R v Henry Mallett. With a jury. Larceny. Not guilty.




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R v William Salisbury Rossburgh. With a jury. Obtaining goods under false pretences. Guilty but recommended to mercy. Imprisoned for two months.R v William Jarvis. With a jury. Obtaining goods under false pretences. Guilty. Imprisoned for two months.

15 March 1842 R v William Watts. With a jury. Stealing from the person. Not guilty.R v Thomas Mason. With a jury. Larceny. Guilty. Three months imprisonment with hard labour and, during the last two months, alternate weeks on the treadmill.R v William Calver. With a jury. Assault with intent to rape. Guilty. Two years imprison-ment, and for three months with intervals of a fortnight to be worked on the treadmill.R v Daniel Bunce. Assault. Prosecution discontinued as the parties had settled out of court.

18 March 1842 R v Patrick Foley. With a jury. Uttering a forged order. Guilty, transportation for life.R v John Sharp. With a jury. Stabbing. Not guilty.

7 April 1842 R v Tempest Parker. With a jury. Stealing. Not guilty.R v Bryan Carroll. With a jury. Larceny. Pleaded guilty. One month’s imprisonment, to be worked on the treadmill for the second and last week.R v William Anderson. With a jury. Larceny. Not guilty.R v Thomas Henessy. With a jury. Larceny. Not guilty.R v Patrick Barry. With a jury. Forgery. Guilty, transportation for life.




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9 April 1842 R v Charles Jones. With a jury. Stifling justice. Guilty. Imprisoned for two years and fined £100 (to be imprisoned until payment of the fine).R v Lawrence Connaghty. With a jury. Cattle stealing. Not guilty.

22 April 1842 Strachan v Barrett. With two assessors. Undefended. Verdict of £103 14s 6d for the plaintiff.Thurlow v Allen. With two assessors. Undefended. Verdict of £88 4s for the plaintiff.Cumming v Pollard. With two assessors. Undefended. Verdict of £15 for the plaintiff.Campbell v McKillop. With two assessors. Undefended. Verdict of £35 10s for the plaintiff.Baxter v McClelland. With two assessors. Undefended. Verdict of £97 for the plaintiff.Carrington v Lazarus. With two assessors. Claim for rent. Plaintiff non-suited.Murray v Wigmore. With two assessors. Action for work done and performed. Verdict of £50 for the plaintiff.

25 April 1842 Re Snodgrass. HN Carrington ordered to produce accounts.

27 April 1842 Miniffie v Marshall. Action on a debt.Fletcher v Leigh. Action on a bill of exchange. Verdict of £75 8s for the plaintiff.Patterson v Hook. Action on a bill of exchange.Middlemiss v Robinson. Action for work done and performed.Hook v Power. Action for goods sold and delivered. Plaintiff non-suited.Moss v Were. Plaintiff non-suited.




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Shaw v Moss. Action for goods sold and delivered. Verdict of £20 9s 10d for the plaintiff.Were v Morgan. Action on a promissory note. Verdict for the defendant.

28 April 1842. Re Snodgrass. HN Carrington refused to produce accounts; struck off the roll of Attorneys, Proctors and Solicitors.

2 May 1842 Goldsmith v Purvis. With a special jury. Action for deceitful representation. Verdict for the defendant.

4 May 1842 Orr v Cheyne. With a special jury. Action for assumpsit. Plaintiff non-suited.Dykes v Falkiner. With a special jury. Action for damages for assault. Verdict of £20 for the plaintiff.Hamilton v Street. With a special jury. Breach of contract. Verdict for the plaintiff of £450 subject to the award of an arbitrator.Robins v Barrett. With a special jury. Action to recover the value of four watches. Verdict of £39 for the plaintiff.

6 May 1842 Ewart v Allan. With two assessors. Claim for the value of some bullocks. Verdict of £24 19s for the plaintiff.

11 May 1842 R v Charles Ellis, Daniel Jepps and Martin Fogarty. With a jury. Wounding with intent to kill. Guilty, death.

16 May 1842 R v Sylvester Newton. With a jury. Assaulting police. Guilty, imprisonment for six months with hard labour.R v George Waller. With a jury. Obtaining money under false pretences. Guilty, with a recommendation for mercy. Six months imprisonment.R v John Connor. With a jury. Larceny. Guilty, three months imprisonment.




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R v Thomas Bodle. With a jury. Cattle steal-ing. Guilty, transported for 15 years.

17 May 1842 R v James Cox. With a jury. Assaulting a constable. Acquitted by direction of Willis J (who found that the policeman had no right of entry without a warrant).R v Peter Cassidy. With a jury. Larceny of timber. Guilty. 12 months imprisonment.R v Robert Finlay. With a jury. Larceny from a wharf. Guilty. 12 months imprisonment.R v James Macklin. With a jury. Obtaining goods under false pretences. Not guilty.R v James Macklin. With a jury. Larceny. Not guilty.R v William Camm. With a jury. Receiving stolen goods. Guilty, 14 years transportation.R v William Salisbury Roxburgh. With a jury. Obtaining goods under false pretences. Pleaded guilty. Transportation for seven years.

20 May 1842 R v Stephen Egan and James Smith. With a jury. Stealing a heifer. Not guilty.R v William Palmer. With a jury. Larceny. Guilty. One months imprisonment and public whipping of 50 lashes.

30 May 1842 Walton v Serjeantson. With two assessors. Verdict of £43 10s for the plaintiff.Harper v Raymond. With two assessors. Claim for debt. Plaintiff non-suited.Stephens v Pascoe. With two assessors. Verdict of £300 for the plaintiff.

1 June 1842 Morgan v McInlay. With two assessors. Claim for the value of tobacco sold and delivered. Verdict for the defendant.




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McDermott v Lemain. With two assessors. Action on a bill of exchange.

3 June 1842 Carrington v Lazarus. With two assessors. Claim for rent. Verdict for the defendant.

Doe dem Bowman v Lazarus. With two assessors. Action for ejectment. Verdict for the plaintiff.

Harper v Locke. With two assessors. Action on a promissory note.

Chisholm v Cannon. With two assessors. Action on bills of exchange. Plaintiff non-suited.

Ex parte Carrington. Application for discharge of attachment.

15 June 1842 R v Thomas Penny. With a jury. Embezzelment. Guilty. Six months impris-onment with hard labour.

R v Alexander Verner. With a jury. Larceny. Guilty, six months imprisonment with hard labour.

R v Robert Marsden and John Harrison. With a jury. Larceny. Guilty, transported for seven years.

R v John Hepworth. With a jury. Forgery. Acquittal directed by Willis J.

R v Edward Brown. With a jury. Larceny. Guilty, seven years transportation.

15 July 1842 R v John Palmer. With a jury. Stealing. Guilty. Three months imprisonment, and to be flogged three times within the period (50 lashes each time, once at the end of six weeks, one week later, and at the expiration of the sentence).




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R v Thomas Nowlan. With a jury. Larceny. Acquittal directed by Willis J on the ground that Nowlan was charged with stealing a bottle of wine, although the evidence was that he stole the wine and then put it in a bottle.

R v Michael Maloy. With a jury. Murder. The jury found Maloy unfit to be tried because he was “mute by the visitation of God”, and he was sent to Sydney to be treated at a hospital for the insane.

16 July 1842 R v Francis Bones. With a jury. Perjury. Guilty, seven years transportation.

18 July 1842 R v Cold Morning (alias Palpoatermin). With a jury. Stealing and putting in fear. By consent, a juror was withdrawn and the trial did not proceed after the interpreters requested more time in which to explain the court proceedings to the accused. The prisoner was later discharged from custody.R v William Quirk. With a jury. Perjury. Guilty, seven years transportation.R v John Sinclair. With a jury. Perjury. Not guilty.R v Henry Concannon. With a jury. Embezzlement. Not guilty.R v Frederick Seal. Larceny of money. Prisoner discharged after four months in custody awaiting trial.

19 July 1842 R v Figara Alkepurata (alias Roger). With a jury. Murder. Guilty, death.

15 August 1842 R v Margaret Allen. With a jury. Larceny. Guilty, six months imprisonment.R v George John Williams. With a jury. Larceny. Guilty, transportation for seven years.




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R v Thomas Fisher. With a jury. Horse steal-ing. Guilty, transportation for 15 years.R v Mary Jackson. With a jury. Stealing. Not guilty.R v Elyiah Broad. With a jury. Larceny from the person. Not guilty.R v Stephen Clancy. With a jury. Assault with intent to commit a rape. Guilty of common assault. Imprisoned for two months, one week each month in solitary confinement and the rest with hard labour.

16 August 1842 R v John Doyle. With a jury. Assault with intent. Guilty. Imprisoned for two years with hard labour and at the expiration of his sentence to find security for his good behaviour for two years, himself in the sum of £100 with two bondsmen each in the sum of £50 (and to remain imprisoned until such security found).R v Ann Kenny. With a jury. Larceny. Guilty, six months imprisonment.R v Benjamin Taylor. With a jury. Larceny. Guilty, seven years transportation.R v Charles Peck. With a jury. Larceny. Guilty, remanded for sentence.R v John Whitaker. With a jury. Cattle steal-ing. Not guilty.R v John Smith alias John Stanney. With a jury. Horse stealing. Guilty, 15 years transportation.R v David Rees. With a jury. Larceny as a servant. Guilty, with a recommendation for mercy. One month’s imprisonment.

17 August 1842 R v Charles Peck. Sentencing for larceny. Two months imprisonment with hard labour.




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R v George Arden. With a jury. Criminal libel. Guilty. Fined £50. Required to provide personal recognizance of £500, with two sureties each of £250.

15 September 1842 R v Edward Goble. With a jury. Larceny. Not guilty.R v Thomas Hennessy. With a jury. Larceny. Guilty, transportation for seven years.R v Henry Agnew. With a jury. Perjury. Guilty, transportation for seven years.R v William Andrews and Francis Smith. With a jury. Larceny from the person. Not guilty.

15 October 1842 R v John Young. With a jury. Larceny. Guilty, three months imprisonment with hard labour.R v John Taylor. With a jury. Rape. Guilty. Death, commuted to transportation for life.

17 October 1842 R v John Conolly alias John Molonney. With a jury. Murder. Guilty, death.

26 November 1842 R v George Wellbank. With a jury. Larceny. Not guilty.R v John McNamara. With a jury. Assault on a bailiff. Guilty, 40 shillings in costs paid.R v Mary Baird. With a jury. Larceny. Not guilty.R v William Wilson. With a jury. Larceny. Guilty, seven years transportation.R v William Cooper. Assault. Pleaded guilty, fined 40 shillings.

15 December 1842 R v William Macdonald. With a jury. Burglary. Guilty, transportation for 10 years.R v William Barrett. With a jury. Libel. Not guilty.R v Julia O’Connor. Larceny of a lace cap and 10 reels of cotton. Pleaded guilty, 12 hours imprisonment.




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31 December 1842 Donnelly v Duggen. Application that the submission of the arbitrators in the case be made an order of the Court. Granted.Doe v Roe. Application for judgment against an ejector. Granted.Smyth v Carrington. Action for the recovery of the balance of an amount due under a bill of exchange.

7 January 1843 R v John Jones. With a jury. Larceny. Pleaded guilty, 24 hours imprisonment.R v William Robinson. With a jury. Stealing bank notes. Discharged as the prosecution was unable to produce witnesses.R v William Rafter. With a jury. Cattle stealing. Not guilty.R v Enoch Walkadine. With a jury. Larceny. Guilty, transported for seven years.R v Henry Carr. Assault. Prosecution withdrawn.

9 January 1843 R v John McIntyre. With a jury. Larceny. Not guilty.R v James Hemmingsley. With a jury. Manslaughter. Acquittal directed by Willis J.R v William Rafter. With a jury. Cattle stealing. Guilty, 10 years transportation.R v James McGuire, William Duncan and John Robinson. With a jury. Stealing in a dwelling-house. McGuire and Duncan guilty, transportation for 15 years; Robinson not guilty. R v William Oliver. Perjury at an arbitration. Prosecution discontinued and prisoner discharged.

15 February 1843 R v Robert Kent. With a jury. Larceny. Not guilty.




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R v John O’Donnell. With a jury. Forgery. Guilty, transportation for life.R v Samuel Wilson. With a jury. Wounding. Guilty of causing grievous bodily harm, transportation for life.R v William Risk. With a jury. Bribery. Not guilty.R v Terence O’Neill. Larceny. Pleaded guilty, two months imprisonment with hard labour.R v William Bourke. Larceny. Pleaded guilty, two months imprisonment with hard labour.

17 February 1843 R v Daniel Connell. With a jury. Fraudulent insolvency. Acquitted due to the absence of prosecution witnesses.

15 March 1843 R v John McNamara. With a jury. Larceny. Not guilty.R v James Woods. With a jury. Larceny. Guilty, 14 days imprisonment.R v John McNamara. With a jury. Larceny. Guilty, two years imprisonment with hard labour.R v Emma Cox alias Emma Clarke alias Emma Smith. With a jury. Stealing from the person. Not guilty.R v Charles Duncan. With a jury. Embezzlement. Guilty, six months imprisonment.R v James Healy. Larceny of clothes. Upon advice of Dr Cussen that the prisoner was insane, remanded to the lunatic asylum.

16 March 1843 R v Thomas Williams. Larceny. Pleaded guilty, six months imprisonment.




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R v Patrick Nesbitt and Henry Pendergast. Assault. Pleaded guilty, one month in prison.R v James Hyland. Assault. Pleaded guilty. Fined £6 and imprisoned until fine paid.R v Warree. Stealing sheep. The aboriginal prisoner was remanded to allow an interpreter to be found to instruct him about the nature of the proceedings. He was later discharged.

7 April 1843 R v Phoebe Watts. With a jury. Forgery. Guilty, transportation for life.R v John Lloyd Smith. Forgery. Pleaded guilty, transportation for life.R v William (John) Manuel. With a jury. Escaping from transportation. R v John Robinson. With a jury. Aiding and abetting. Manuel pleaded guilty, death recorded. Robinson guilty. Judgment arrested.R v Michael Flannigan. With a jury. Forgery. Acquitted due to the failure of the prosecu-tion to lead evidence.

8 April 1843 R v George Galloway. Larceny. Pleaded guilty, transported for seven years.R v Joseph Simmons and Charles Birch. With a jury. Larceny. Not guilty.R v William Watts. With a jury. Forgery. Not guilty.

19 April 1843 Strong v Bolden. Ordered that the case be tried by a special jury.Kerr v St John. Ordered that the case be tried by a common jury.Graham v Trustees of Seymour. Adjourned by consent to allow the trustee time to show cause why an order nisi for attachment should not be made absolute.




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McDonald v Thurlow. Claim for debt. Application refused.Doe dem Brown v Hordern. Ordered that the case be tried by a special jury.Trustees of Robert Reeves v Williams. Application for a new trial. Denied.

29 April 1843 Fawkner v Stephen. Willis transmitted the decision of the Full Court in Sydney, discharging the rule nisi made by Willis, with costs.Strode v Henderson. Application that the order in the case be made a Rule of the Court. Granted.Newton v JW Thurlow. Dispute referred to arbitration.McKinlay v Gibbon. Application that the partnership between the parties be dissolved; that an account be taken; that a receiver be appointed; and that the defend-ant be restrained from interfering in the estate. Granted.Batman v Lonsdale. Willis J directed that Captain Lonsdale be examined before the Deputy Registrar.

13 May 1843 R v Manuel. Willis J reported the decision of the Full Court in Sydney, commuting Manuel’s sentence.

15 May 1843 R v James Shaw. With a jury. Larceny. Guilty, eight months imprisonment with hard labour.R v Charles Rix alias Charles Panton. Larceny. Pleaded guilty, six months imprisonment with hard labour.R v Robert Hancock. With a jury. Larceny. Not guilty.R v Robert Uppsey. With a jury. Forgery. Guilty, transported for life.




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R v James Simeon. With a jury. Fraudulent insolvency. Guilty, but new trial ordered.

R v Michael Reardon. Larceny of a pack of cards. Upon advice that the prisoner was insane, remanded to the lunatic asylum.

18 May 1843 R v Robert Nichols. With a jury. Wounding with intent to murder. Guilty of assault with intent to do grievous bodily harm.

2 June 1843 Ferris v Sutherland. Settled.

Rock v St John. Struck out.

Westley v Trustees of Campbell. With two assessors. Goods sold and delivered. Verdict of £25 5s for the plaintiff.

Doe dem McKenzie v Forrest. Struck out.

Atkins v Manton. With two assessors. Verdict of £47 5s 9d for the plaintiff. JB Were committed for contempt of court.

16 June 1843 R v George King. With a jury. Horse stealing. Guilty, transportation for 15 years.

R v John Phillips. With a jury. Stealing a letter. Acquitted but remanded for trial for fraud and opening a letter.

21 June 1843 R v Patrick Brennan. With a jury. Assault. Guilty. Imprisonment for one week with hard labour.

R v Sarah Bruce. With a jury. Larceny. Not guilty.R v Mary Anne Bruce. With a jury. Receiving stolen goods. Not guilty.

Atkinson v Urquhart. Application for a new trial. Denied.




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24 June 1843 Re Richard Guinness Hill, John Beswicke and Joseph Betts. Application for habeas corpus in relation to three men accused of the murder of an aboriginal woman at Muston’s Creek. Proceedings adjourned when Willis received notice of his amoval from office.


