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Maitland Circuit Court. CIVIL BUSINESS. WEDNESDAY, FEBRUARY 22, 1854. EVAN'S V. LANG. (Before his Honor Mr. Justice Dickinson and a special jury of four.)
The Maitland Mercury & Hunter River General Advertiser Saturday 25 February 1854, page 4
News
1mrbh
2008-08-23 14:24:43.0
A number of lines were completely missed during the scan. I managed to get around this by continually editing the prior line - which got longer and longer - until all the missing words were inserted.
Maitland Circuit Court. CIVIL BUSINESS. WEDNESDAY, FEBRUARY 22, 1854. EVAN'S V. LANG. (Before his Honor Mr. Justice Dickinson and a special jury of four.)
The Maitland Mercury & Hunter River General Advertiser Saturday 25 February 1854, page 4
News
1mrbh
2008-07-30 18:58:39.0
I have edited the Daniel Gardiner article down to where lines did not scan. How can I insert these?

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Anti-innovator   birth (2)   death (2)   film review   marriage (2)   Myall Creek massacre (12)   North Queensland separation   poem (26)  

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PROTECTING SOCIETY. CRIMINAL LAW AMENDED. ACTS MADE MORE STRINGENT. Infliction of Death Penalty.
The Argus Friday 23 August 1929, page 8
News
2009-01-07 23:24:35.0Rocelvlng Stolon Proporty
It would be an offence foi a poison to
lereive unlawful!» piopeit} stolen oi ille-
gal!} óbrame! outside A'lttoua Ten the
pun ose of pro»lug guilt} knowle Ige against
n person chniged with letcivine evidence
could be given at an} stage of the proceed
nigs of the fact Hint othei piopett} stolen
»»ithin 12 months bowie the date of the
offence elim gee! had been found m his pos-
session It a poison was piesontcd foi nu
offence nunishtble bv death mid the jin}
1 etui ned a x el diet of not ginit} on that
ti mge but guiltv with respect to nnv other
offence it would be lawful nftci the verdict
had been given to add a count oi counts
to the presentment a»cuing that the net
son lind pieviously been convicted Com
ment b} the Cto»»n piosocutor could he
made when an licensed poison made i
statement not cn onth on the failmo of
the accused oi the husband oi wife of the
aitused to give tv illino At piesent a
hush ind couhl not be called to give evi
(lenet against n wife oi a wife against a
husband txttpt m uses of lngnmv Uniiri
Hit bill husband and wife could give evi
dence against each othei m uses or in
(hrrncv in which numil i dations weie in
volved Iho evidence must lu rnnohoi
nt 1 In eel tun e ises the Comt ut n
tin lonviction ot am pu »on loi a nits
moni e mid in ideliti in lo uni nsmg
mr oteltt tin ne u til | is m to i iv
the whole t in» i nilton ot the losts m
ned in Hie pi ee it ion in I ni eil i
1! bt n nile 1 l | iv nient ei the co ts e t
I nv mine» t iken li oin Hit n iel n
lis ii iib liston Hie Conn mull ive ii 1
e ni| cnsation to i telson defi ii I ii I»
c i vi t 1 let su ml tbc nu tint tw n el si
» ttill be «kernel jiilgment debt dut t
the rtson rnti led to tttriit it
Hie líbate w is i ljoui n 1 tu tlnec
Receiving Stolen Property.
It would be an offence for a person to
receive unlawfully property stolen or ille-
gally obtaomed outside Victoria. For the
purpose of proving guilty knowledge against
a person charged with receiving, evidence
could be given at any stage of the proceed-
ings of the fact that other property stolen
within 12 months before the date of the
offence charged had been found in his pos-
session. If a person was presented for an
offence punishable by death and the jury
returned a verdict of not guilty on that
charge but guilty with respect to any other
offence it would be lawful after the verdict
had been given to add a count or counts
to the presentment averring that the per-
son had previously been convicted. Com-
ment by the Crown prosecutor could be
made when an accused person made a
statement not on oath, on the failure of
the accused or the husband or wife of the
accused to give evidence. At present a
husband could not be called to give evi-
dence against a wife or a wife against a
husband, except in cases of bigamy. Under
the bill husband and wife could give evi-
dence against each other in cases of in-
decency in which family relations were in-
volved. The evidence must be corrobor-
ated. In certain cases the Court, upon
the conviction of any person for a mis-
demeanour, could, in addition to imposing
sentence, order the accused person to pay
the whole or any portion of the costs in-
curred in the prosecution, and an order
could be made for payment of the costs out
of any money taken from the accused on
his apprehension. The Court could award
compensation to a person defrauded by a
convicted person and the amount awarded
would be deemed a judgment debt due to
the person entitled to receive it.
The debate was adjourned for three weeks.
PROTECTING SOCIETY. CRIMINAL LAW AMENDED. ACTS MADE MORE STRINGENT. Infliction of Death Penalty.
The Argus Friday 23 August 1929, page 8
News
2009-01-07 23:10:51.0Another clause piovided that a man who
lu ole into the detached 'island" window
of n shop could he found guilty of shop
hteakuig it piesent difficult} was fie
qiitntl} experienced in proving documents
te la tmg to cmgo ni rises of thefts fiom
ships and wharves and it hal been found
noiossai} to bung witnesses liom 1 nglnnd
foi that pm pose Undei the bill nppu
cull} genuine documents such as bills of
lading coming with the caigo would be
accepted as cudence unless it could be
shown that the} were not genuine Doubt
cxisttd wbethel a man could be convicted
in A7letona 101 having received propcrt}
which had been stolen in anothei State a
tlntise was included providing that n con
viction could be obtained in such cases As
tho law stood now joimg children could
gue unsworn .evidence ngimsl ptisons no
tused of having tommittcd sexual offences
against them but the accused could not he
convicted on such a statement there had
to be coi i oboi ation which wits usually dif
ttcult to oblaiu The lull piovided that the
netessni-} conoboiatiou could be furnished
bv othei childi en Anothei section pio
videtl that a justice could issue a senich
wai rant in tases m which it was supposed
were on pienusc« Prisoncis solving in
dettiinmntc sentences would be placed on
the same footni" as olbei pusoncis cxttpt
Hint ihov could not be u leased on pi oin
lion until the completion of then sentences
U piesint winn a pu son wai lrleased on
bond that bund lemnmel m foicc foi the
lemmndei of his life that mndc lum tech
nicnlls still a pitsonei. and n tlnust m
Hie bill limited the temi of the bond to
10 vents Undei the bill n pusonei could
bo lelcased on lend Utei lie had sei ved
two venís piouduig that ho left the Slate
The law now leqtiucd that a poison con
victed of a felon} could be im.de to pa»
the costs of Hie mostcution and also com
nensation the b 11 extended Hint piovision
to misdememioiu s which tould be moie
sciions than felonies
Another clause provided that a man who
broke into the detached "island" window
of a shop could be found guilty of shop-
breaking. At present difficulty was fre-
quently experienced in proving documents
relating to cargo in cases of thefts from
ships and wharves and it had been found
necessary to bring witnesses from England
for that purpose. Under the bill appar-
ently genuine documents. such as bills of
lading, coming with the cargo would be
accepted as evidence unless it could be
shown that they were not genuine. Doubt
existed whether a man could be convicted
in Victoria for having received property
which had been stolen in another State; a
clause was included providing that a con-
viction could be obtained in such cases. As
the law stood now young children could
give unsworn evidence against persons ac-
cused of having committed sexual offences
against them, but the accused could not be
convicted on such a statement; there had
to be corroboration, which was usually dif-
ficult to obtain. The bill provided that the
necessary corroboration could be furnished
by other children. Another section pro-
vided that a justice could issue a search
warrant in cases in which it was supposed
were on premises. Prisoners serving in-
determinate sentences would be placed on
the same footing as other prisoners, except
that they could not be released on proba-
tion until the completion of their sentences.
At present when a person was released on
bond, that bond remained in force for the
remainder of his life; that made him, tech-
nically, still a prisoner, and a clause in
the bill limited the term of the bond to
10 years. Under the bill a prisoner could
be released on bond after he had served
two years providing that he left the State.
The law now required that a person con-
victed of a felony could be made to pay
the costs of the prosecution and also com-
pensation; the bill extended that provision
to misdemeanours, which could be more
serious than felonies.
PROTECTING SOCIETY. CRIMINAL LAW AMENDED. ACTS MADE MORE STRINGENT. Infliction of Death Penalty.
The Argus Friday 23 August 1929, page 8
News
2009-01-07 22:57:03.0Jurisdiction of Minor Courts
An lnipoittint change w is made in Hie
juiisilittion of the Comt of Pett} Sessions
winch at piescnt could ried onl} vu h
rnses of Innen} m which the value of the
piopeitv concerned did not exceed _2 an!
even then it had juusdictioii onl» winn
tilt détendant consulted As a icsult the
tiniest} nas fiequtntlv seen of a biipicmc
Comt nidge mid n jurv deahu" with the
theft of ptopett} valued it siy t-1 Ite
centlv a man dimgcd with sttnlmg a cake of
chocolate w oi tit pel haps Oil vi as tiled in
Oenrial Sessions befoie a jin} The bill
piovided that Hie Comt of Pott» Sessions
with the consult of the defendant could
deni with cases m which the value of the
liopcrt} conceried did not exceed £50
Jurisdiction of Minor Courts.
An important change was made in the
jurisdiction of the Court of Petty Sessions,
which at present could deal only with
cases of larceny in which the value of the
property concerned did not exceed £2, and
even then it had jurisdiction only when
the defendant consented. As a result the
travesty was frequently seen of a Supreme
Court judge and a jury dealing with the
theft of property valued at, say, £3. Re-
cently a man charged with stealing a cake of
chocolate worth perhaps 6d. was tried in
General Sessions before a jury. The bill
provided that the Court of Petty Sessions,
with the consent of the defendant, could
deal with cases in which the value of the
property concerned did not exceed £50.
PROTECTING SOCIETY. CRIMINAL LAW AMENDED. ACTS MADE MORE STRINGENT. Infliction of Death Penalty.
The Argus Friday 23 August 1929, page 8
News
2009-01-07 22:51:08.0Undei the Crimes Act the onl} ponallj
that could be impose! upon a pel son who
disposed of a (lend bod} olhciwist thin
bv burning; it was a fine of i1) lbc mci
sine made the offence of ill gall} disposing
of n deni bod} in an» wnv subjett to a
pen tit» umilni to that piouled foi dis
1 o«al bv bin nmg It nKo made it mi offenic
foi i puent oi gumdian to tonscnt to the
defilement of a child s mind and the chilli
ould bo tal en from the ptrent ot gumdinn
mid placid nu lei the conti ol of the Clnl
diens Avclfnic department until it iciulud
the ago of 21 vens At pitsuit abdutlion
was not nu offente unless it ociimod b»
mums of foi ce oi fiant! The bill deleted
Ihr vi oi tis foi ce oi finnd fiom piescnt
legislation If i peison died as a icsult
of an illegal opeiation the poison perfoim
nig the oneintion nits it piesent guilt} ol
mm dei but expei leuce hal shown tint
junes would not com ni on a dim go ot
min dor in such tasen The mensuie mnile
mi illegal onriation a misdememioiu in
stead "f a felon} A person pel forming nil
illegil opeialion coull no1 be guilt} of
mindel but might lie guilt} ot man
slaiightci
Under the Crimes Act the only penalty
that could be imposed upon a person who
disposed of a dead body otherwise than
by burning it was a fine of £5. The mea-
sure made the offence of illegally disposing
of a dead body in any way subject to a
penalty similar to that provided for dis-
posal by burning. It also made it an offence
for a parent or guardian to consent to the
defilement of a child's mind, and the child
could be taken from the parent or guardian
and placed under the control of the Chil-
dren's Welfare department until it reached
the age of 21 years. At present abduction
was not an offence unless it occured by
means of force or fraud. The bill deleted
the words "force or fraud" from present
legislation. If a peison died as a result
of an illegal operation the person perform-
ing the operation was at present guilty of
murder, but experience had shown that
juries would not convict on a charge of
murder in such cases. The measure made
an illegal operation a misdemeanour in-
stead of a felony. A person performing an
illegal operation could not be guilty of
murder, but might be guilty of man-
slaughter.
PROTECTING SOCIETY. CRIMINAL LAW AMENDED. ACTS MADE MORE STRINGENT. Infliction of Death Penalty.
The Argus Friday 23 August 1929, page 8
News
2009-01-07 22:41:08.0weie reluctant to convict m cases othei
Ulan murder in which the de ith penalty
was provided The lcsult was that the
accused poison vins sometimes convicted
of a minni tunic niste id of the crime with
which he wns chai (.ed Hie death sentence
thus opeiatcd to pi event tonvittions lor
Hie de iib ptnnlt} the bill in nil but two
eases substituted uupiisonmeiit np to a
iruoil (I 21 veils at the elis ittion of the
jalur Liuhi the pitstnt In» in» poison
aged moie than seven }eaii« ronld be stn
tinted to (leith Hie measure alteied the
age to 17 } cai s It also amended the law
in i elation to incest Anothei question
dealt with was the disposal of dead bodies
The Cicmntion Act made it an offence tor
ntl} poison to dispose of a bod» b} lim nmg
otherwise than in confotmit} with the net
The pennlt} foi n bl each of the act was
a line of up to £500 mid impusonmcnt
were reluctant to convict in cases other
than murder in which the death penalty
was provided. The result was that the
accused person was sometimes convicted
of a minor crime, instead of the crime with
which he was charged. The death sentence
thus operated to prevent convictions. For
the death penalty the bill, in all but two
cases, substituted imprisonment up to a
period of 21 years at the discretion of the
judge. Under the present law any person
aged more than seven years could be sen-
tenced to death. The measure altered the
age to 17 years. It also amended the law
in relation to incest. Another question
dealt with was the disposal of dead bodies.
The Cremation Act made it an offence for
any person to dispose of a body by burning
otherwise than in conformity with the act.
The penalty for a breach of the act was
a fine of up to £500 and imprisonment.
PROTECTING SOCIETY. CRIMINAL LAW AMENDED. ACTS MADE MORE STRINGENT. Infliction of Death Penalty.
The Argus Friday 23 August 1929, page 8
News
2009-01-07 22:35:03.0In explaining the unending Clinics Bill
Alt Alatfmlan said tint the bill amended
the liw relating to rumc and criminal
olfences contained in the Climes Act lula
It alteied the hw with respect to seveial
offences and tcmerhed defects in proccduie
Hie act of Mia imposed the death pennlt}
fri nine offences but the bill reduce 1 the
nennltv coull be imposed to two-mttrdci
and ti munal nssault on gills ngtd less thin
10 veins Tho nlteiation xvns deslíanle foi
two lemons It waB generall} lecogmsed
that the death pomlt} was not can ltd
oui except m cases of mm tier and consc
qucntlj it did not uct as a dot« rent Junes
In explaining the Amending Crimes Bill
Mr. Macfarlan said that the bill amended
the law relating to crime and criminal
offences contained in the Crimes Act 1915.
It altered the law with respect to several
offences and remedied defects in procedure.
The act of 1915 imposed the death penalty
for nine offences, but the bill reduced the
penalty could be imposed to two—murder
and criminal assault on girls aged less than
10 years. The alteration was desirable for
two reasons. It was generally recognised
that the death penalty was not carried
out except in cases of murder, and conse-
quently it did not act as a deterrent. Juries
PROTECTING SOCIETY. CRIMINAL LAW AMENDED. ACTS MADE MORE STRINGENT. Infliction of Death Penalty.
The Argus Friday 23 August 1929, page 8
News
2009-01-07 22:30:24.0Impoitaiit amendment* of the In» le
luting to ci unes und offences aro contained
in the Amending Clunes Bill mid the
Amending Police Offences Hill the second
lending ol which was moved in Hie Legisla
live Vssembl} 1» the Attornr} General (Air
Alaunrlin) xcsteidn} nfteinoon Arno ig
other Hunns the numbei of cluney foi
which Hie death pen alt} can be imposed is
lednttl ind the law with Itspeet to
die al opctntions is altin 1 I lit pubhin
non of fuiudulent ndieitiscnienls is pio
lubittl nnl ligisl ition with lespcrt to
stitel offi nee« and betting is made mon
stimgent
Important amendments of the law re-
lating to crimes and offences are contained
in the Amending Crimes Bill and the
Amending Police Offences Bill, the second
reading of which was moved in the Legisla-
tive Assembly by the Attorney-General (Mr.
Macfarlane) yesterday afternoon. Among
other things, the number of crimes for
which the death penalty can be imposed is
reduced, and the law with respect to
illegal operations is altered. The publica-
tion of fraudulent advertisements is pro-
hibited, and legislation with respect to
street offences and betting is made more
stringent.
MARRIED DECEASED WIFE'S NIECE
Northern Territory Times Friday 31 August 1928, page 8
News
2009-01-07 22:22:47.0A case which may possible lead to an»
amendment' of* the "ia,v regarding degn«es
of relationship "in which 'marriage is il-
legal'' Was decided on, Tuesday in the
Scottish' "Court of Criminal Appeal. A
hoth parties were convicted of incest.
The' ju'dge pointed" out that the law now
permitted' à "man to* udarry his deceased
Xvife'è1 sister but" forbade his marrying his
deceased' wife's sistar's daughter. He
hope'd" the case would direct public í t
tention to the anomaly. The accuesd in
A case which may possible lead to an
amendment of the law regarding degrees
of relationship in which marriage is il-
legal was decided on Tuesday in the
Scottish Court of Criminal Appeal. A
both parties were convicted of incest.
The judge pointed out that the law now
permitted a man to marry his deceased
wife's sister but forbade his marrying his
deceased wife's sister's daughter. He
hoped the case would direct public at-
tention to the anomaly. The accused in
MARRIAGE LAW Scottish Court Case LONDON, Tuesday.
The Canberra Times Thursday 30 August 1928, page 1
News
2009-01-07 22:20:25.0A case, which ' possibly will 'lead to
ages aro legal, was decided at the Scot-
tish 'Court of Criminal Appeal.
A man man led his deceased wife's
niece. Both, were convicted of incest.
The judge pointed out' Hint the law now
permitted a man to marry his 'dec used
his deceased w'ife's sister's daughter.
Thy judge'hoped the cani> would direct
accused, in view of lils ignorance of the
A case, which possibly will lead to
ages are legal, was decided at the Scot-
tish Court of Criminal Appeal.
A man married his deceased wife's
niece. Both were convicted of incest.
The judge pointed out that the law now
permitted a man to marry his deceased
his deceased wife's sister's daughter.
The judge hoped the case would direct
accused, in view of his ignorance of the
Gaol For Incest
The Canberra Times Wednesday 22 August 1951, page 4
News
2009-01-07 22:16:59.0PERTH, Tues. - Robert Gor-
¡with his teenage sister, now 17,
was to-day sentenced to 2i years
:beon divorced and Patterson had
been, raiped In an orphanage, . ;
PERTH, Tues. — Robert Gor-
with his teenage sister, now 17,
was to-day sentenced to 2½ years
been divorced and Patterson had
been raised in an orphanage.
WARWICK. (From the Examiner and Times.)
The Brisbane Courier Tuesday 16 July 1867, page 3
News
2009-01-07 22:02:25.0ing morning ice was to bo seen fully a quarter
of an inch in thickness. I
Wo woro favorod the other day with a sample I
of cotton grown noar Sondy Oreok, o fow miles I
from this town. It is described by thoso who
aro acquainted with it ns being very fino, and an
We havo no doubt that cotton is well suited for
this distriot, as tho sample wo havo roooivod has |
boen grown and arrived at maturity without
any caro being bostowod upon it.
A man named Hugh Jones, a shephord at |
Toolburra, roceirod an acoidont a fow days ago.
He was in pursuit of a nativo bear, and followed
the animal up a troe. When he had got about
thirty feet high, the fork gavo woy, and ho fell
heavily to the ground, soriously injuring his
ing morning ice was to be seen fully a quarter
of an inch in thickness.
We were favored the other day with a sample
of cotton grown near Sandy Creek, a few miles
from this town. It is described by those who
are acquainted with it as being very fine, and an
We have no doubt that cotton is well suited for
this district, as the sample we have received has
been grown and arrived at maturity without
any care being bestowed upon it.
A man named Hugh Jones, a shepherd at
Toolburra, received an accident a few days ago.
He was in pursuit of a native bear, and followed
the animal up a tree. When he had got about
thirty feet high, the fork gave way, and he fell
heavily to the ground, seriously injuring his
CENTRAL POLICE COURT. TUESDAY, OCTOBER 16.
The Brisbane Courier Wednesday 17 October 1866, page 3
News
2009-01-07 21:57:00.0BEFOUE tho Polico Magistrate.
DBUNKENMHSS.-Kuri Thin and Hans Rolf
woro onoh fined 5s., and Hugh Jones and
Cathoriuo Collins wero fined 10a. for this of
feneo.
LABCENY.-Sarah Campboll was charged with
stealing from a dwolliug houso. Tho ohiu'go
was withdrawn by tho prosecutor.
TUESDAY, OCTOBRE 16.
BEFORE the Polico Magistrate.
DRUNKENNESS.—Karl Thin and Hans Rolf
were each fined 5s., and Hugh Jones and
Catherine Collins were fined 10s. for this of-
fence.
LARCENY.—Sarah Campbell was charged with
stealing from a dwelling house. The charge
was withdrawn by the prosecutor.
TUESDAY, OCTOBER 16.

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