William Mcgudie

218

Dianne Jones on 16th August 2020

1840, 18 July: William McGUFFIE [McGUDIE] is on a list of prisoners tried by His Honour Charles Cooper in the Supreme Court, Adelaide, and whose convictions carried sentences that included transportation to New South Wales (see The South Australian Register, p5).

218

Dianne Jones on 16th August 2020

William McGUDIE (McGUFFIE) was one of nine prisoners sentenced to transportation following their convictions in Adelaide's Supreme Court, South Australia, between November 4 and 7, 1839. As the transcript of his trial shows, the sentence of transportation for life was not handed down immediately but it is confirmed by two separate and subsequent documents. 1839, 9 November: From the South Australian Register, p6: “Supreme Court – Criminal Side… "William McGudie and Thomas Henderson were charged with stealing two lambs, the property of the Governor, on the 27th October last. The prisoners pleaded not guilty. “The Advocate-general and Mr Poulden appeared for the prosecutor. Mr Mann for Henderson; and Mr Richman for McGudie. “It appeared from the evidence led that two lambs belonging to the Governor’s sons were given in charge to James Crutchell, Dr Knott’s shepherd, who put them among his flock of wethers. “On the day on which the felony was alleged to be committed, the prisoners, seeing the two lambs, went up to the flock about four o’clock in the afternoon and took them from the flock and carried them away. “The boy who had charge of the flock at the time went and told his father what had taken place, who immediately followed the prisoners and found them in Watts’ public-house in North Adelaide. “McGudie admitted that he had taken the lambs, but said that they were his—that they had strayed from his flock. They had been given to Henderson, he having, according to their account, bought one and got the other as a present. Crutchell, the shepherd, asked to see the lambs, but Henderson refused to show him them. “Jones, the Constable was then brought, who took McGudie into custody, and after a short time the lambs were delivered by the police to James. It also appeared that Henderson had been led to understand from McGudie that he (McG) had lost some lambs, and that the person accompanied him at the time the lambs were taken for the purpose of assisting him in landing them. “Messrs E. Stephens and G. Stevenson spoke as to Henderson’s good character. “From the examination of Mary Scurrie, and John Marvell, a policeman, it appeared that some lambs had strayed from the flock McGudie had charge of, and that he and Henderson had left the Victoria hotel on the afternoon on which the alleged theft was committed, for the purpose of searching for the lambs that had strayed. “The jury found Henderson not guilty – McGudie guilty but recommended him to mercy, because they did not think he had taken the lambs with a felonious intent, but that he had been guilty of some misconduct. “The Judge said the verdict was scarcely a proper one. The jury ought either to find the prisoner guilty of stealing the lambs, or acquit him. “Mr Richman thought the recommendation did away with the verdict—the charge was felony, and the jury had found that he had no felonious intent in taxing the lambs. Sentence delayed.”