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1835, Nicholas Heyden - Unfit For Publication
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Depositions for Nicholas Heyden, 6 Nov 1835, Sydney Trial  1 

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In the Sixth Year of the Reign of
Our Sovereign Lord William the Fourth,
by the Grace of God, of the United
Kingdom of Great Britain and Ireland,
King, Defender of the Faith.

New South Wales
(TO WIT)–         }
Be it Remembered, That John Kinchela, Esquire, Doctor of Laws, His Majesty’s Attorney General for the Colony of New South Wales, who prosecutes for His Majesty in this Behalf, being present in the Supreme Court of New South Wales, now here, on the First Third Day of August in the Year of Our Lord One Thousand Eight Hundred and Thirty five at Sydney, in the Colony aforesaid, informs the said Court, that Nicholas Heyden [aka Hayden; Haydon] late of Goulburn plains in the Colony of New South Wales, labourer, not having the fear of God before his eyes but being moved and seduced by the instigation of the Devil on the eighth Day of July in the Year of Our Lord One Thousand Eight Hundred and Thirty five with Force and Arms, at Goulburn Plains aforesaid in the Colony aforesaid, in and upon one James Odeham in the peace of God and of our said Lord the King then and there being feloniously wickedly and of his malice aforethought did make an assault and that the said Nicholas Heyden with both his hands and feet the said James Odeham in and upon the left side of him the said James Odeham then and there feloniously wilfully and of his malice aforethought did strike beat and kick giving to the said James Odeham then and

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there by such striking beating and kicking of him the said James Odeham with both the hands and feet of him the said Nicholas Heyden in and upon the said left side of him the said James Odeham divers mortal wounds bruises fractures and contusions of which said mortal wounds bruises fractures and contusions the said James Odeham from the said eight day of July in the year aforesaid until the tenth day of the same Month of July in the Year aforesaid at Goulburn Plains aforesaid in the Colony aforesaid did languish and languishing did live on which said tenth day of July in the Year aforesaid at Goulburn Plains aforesaid in the Colony aforesaid the said James Odeham of the said mortal wounds bruises fractures and contusion did die. And so the said Attorney General saith that the said Nicholas Heyden him the said James Odeham in manner and form in aforesaid feloniously wilfully and of his malice aforethought did kill and murder against the form of the Statute in that case made and provided and against the peace of our said Lord the King his Crown and Dignity. And the said Attorney General further informs the said Court here that the said Nicholas Heyden afterwards to witon the said eighth day of July in the year aforesaid with force and arms at Goulburn Plains aforesaid in the County aforesaid in the Colony

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Aforesaid in and upon the said James Odeham feloniously wilfully and of his malice aforethought did make another assault and that the said Nicholas Heyden with a certain stick of no value which he the said Nicholas Heyden in both his hands then and there had and held the said James Odeham in and upon the said left side of him the said James Odeham then and there feloniously wilfully and of his malice aforethought did hit and strike giving to the said James Odeham then and thereby such hitting and striking of him the said James Odeham with the piece of stick aforesaid in and upon the said left side of him the said James Odeham divers other mortal wounds bruises fractures and contusions of which said last mentioned mortal wounds bruises fractures and contusions the said James Odeham from the said eighth day of July in the year aforesaid until the said tenth day of the same month of July in the aforesaid at Goulburn Plains aforesaid in the Colony aforesaid the said James Odeham did languish and languishing did live on which said tenth day of July in the year aforesaid at Goulburn Plains aforesaid in the Colony aforesaid the said James Odeham of the said last mentioned mortal wounds bruises fractures and contusions did die and so the said Attorney General saith the said Nicholas Heyden him the said James Odeham in the manner and form last aforesaid feloniously wilfully and of his malice aforethought did kill and murder against the form of the Statute in that case made and provided and against the peace of our said Lord the King his Crown and Dignity.
[Signed] John Kinchela, Attorney General.

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[On the depositions’ cover sheet is the following]

In the Supreme Court
No.
The King against Nicholas Heyden, bond [bonded]
Information, for Murder [& an unnatural crime]
Witnesses: William Way, John O’Laughlin, James Kiershaw, James Ryan, Daniel Desmond, Nicolas Gaskell,P Harnett Esq
[Initialled] JK [John Kinchela, AG]

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Friday November 6, 1835 Ch Justice CJ
Plea Not Guilty
Verdict Not Guilty
[Initial illegible]

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The Sydney Gazette and New South Wales Advertiser, Sat 7 Nov 1835 

SUPREME CRIMINAL COURT

————
FRIDAY 6 [November 1835]

    Before His Honor Chief Justice Forbes, 3 and a Civil Jury.

    Nicholas Hayden stood indicted with wilfully, maliciously, and malice aforethought, kicking and beating one James Hony, in the month of July [1835].

    John O’Laughlin sworn – James Hony was my servant; he died on Friday the 10th of July; he was unwell the previous night; he complained of being very soer [sic] from the blows he had received from the new sawyer; I asked him on the morning of his death whether he would take some tea, as I though his illness might have proceeded from hard drinking the day previous.

    Patrick Harnett sworn – I am a surgeon; was called to examine the body of the deceased on the 10th of July; I reside at Goulburn; I found a slight embrasion [sic] on the right knee; the right eye was blackened; there was also a contusion on the forehead; the brain was perfectly healthy; not the slightest appearance of inflammation; on the upper part of the stomach there was a slight contusion; four of the ribs on the left side were fractured, at a distance of three or four inches from the breast bone; one of the ribs protruded through the cavity of the chest, and appeared to have injured the left lung; the inflammation of the pleura, and the left lung, I believe to have caused the man’s death; I am positive that violence was the cause of the man’s death; he was a very old man.

    Cross examined by Mr Kerr – A fall might have caused the injury; there was a quantity of sawed wood near the hut where the deceased lived; he had been dead about 10 hours when I saw him.

    James Kershaw, sworn, I reside at Goulburn Plains; I knew the deceased; I saw him the day before his death; he appeared to me to be as well as I had seen him for some time past; he said he had been shamefully used, I have a shocking pain in my left side now; I believe he died the next morning; when I saw him he was a little in liquor.

    James Ryan, sworn, I hold a ticket of leave at Goulburn; I knew the deceased; I slept at O’Laughlin’s house on the 8th July; there were five of us slept in the same hut; the prisoner at the bar was one; we all went to bed together, about 11 o’clock; I was awaked by the screams of the deceased; I asked the prisoner at the bar what was the matter; he said the deceased wanted to commit an unnatural crime; he then kicked the deceased in the side, and was going to strike him with a stool, but I would not let him; when I went to bed, the prisoner and two of the men remained up by the fire; they had not quarrelled before going to bed; we all left the public house together; there could have been no quarrel, without my knowing it; we were all apprehonded [sic] for the murder; the prisoner owned kicking the old man, and said he would kick any one, that would be guilty of the like offence; the deceased was in bed, on the ground, when the prisoner struck him.

    The learned Judge in putting the case to the jury, very carefully explained to them the difference between murder and manslauehter [sic]. They after a short consultation, returned a verdict of not guilty.

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The Sydney Monitor, Mon 22 Dec 1828  4 

SUPREME COURT, – CRIMINAL SIDE.


    FRIDAY, 6 NOVEMBER. [1835] – Before the Chief Justice [Forbes] and a Civil Jury.

    Nicolas Haydon, stood indicted for the wilful murder of James Oldham, at Goulburn Plains, on the 9th of July last. From the evidence it appeared that the deceased and the prisoner were both assigned to Mr O’Loughlin of Goulburn Plains, and that the deceased endeavouring to commit a nameless offence on the prisoner, he (prisoner) inflicted a blow upon him which caused his death. – Not Guilty.

 


1  SRNSW: NRS880, [SC T42] Information No. 22, Supreme Court, Papers and depositions, 1835.

2  The Sydney Gazette and New South Wales Advertiser, Sat 7 Nov 1835, p. 2. Emphasis added.

3  Chief Justice Forbes’s 1835 note books could not be located at SRNSW.

4  The Sydney Monitor, Wed 11 Nov 1835, p. 4.