In 1835 Richard Less again found himself committed for trial at the Windsor Quarter sessions, this time in February of 1835.

Once again the charge levelled against Richard Lees was for Larceny. This time Richard was charged with having stolen two shillings from the till of the King’s Head Tavern.

The King’s Head Tavern was a small Public House on the Penrith High Street. Originally built around 1825 the tavern provided accommodation for two guests. The house was set back from the street and had a shingle roof and small garden with a large Mulberry Tree. In 1830 the Tavern, at that stage known as the Depot Inn, was sold to John Mason. John Mason upgraded the Tavern and changed the name to the Kings Head Public House. With the addition of four new rooms, stables and further outhouses the idea was to build a Tavern that could rival any of those from London. Descriptions of the Tavern in 1835 included that the Inn had every comfort -“cane back chairs, metal dinner plates, wines, sauternes, clarets, port and superior champagne”.

Once again Richard Lees, despite having witnesses speak out against him, was found Not Guilty.

The prisoner fully committed for trial at the next court of quarter sessions to be at Windsor Quarter Sessions February 1835

Tried 6 Feby by a civil jury verdict-

Not Guilty

The King on the prosecution of James David against Richard Lees Information for a Larceny witnesses James David, John Holdson, Ann Murphy, New South Wales to Wit

• Richard Lees Twenty Pounds
• Thomas Frost Ten Pounds
• Edward Fields Ten Pounds

Be it remembered, that the above-named Persons acknowledge themselves bound to Our Sovereign Lord the King, His Heirs and Successors, in the penal Sums expressed against each of their respective Names; Conditioned if the above named Richard Lees shall personally appear before the next Court of General Quarter Sessions to be Holden at Windsor then and there to answer to an Indictment to be professed against him on a charge of Larceny and shall not depart the Court without License then this Recognised to be null and void, otherwise to remain in full Force and Virtue Law.

Taken and acknowledged before me, One of His Majesty’s Justices of the Peace for the Colony of New South Wales at Werrington in the said Colony, this eight day of January One thousand eight hundred and thirty-five.

• James Davies Twenty Pounds
• John Hodsons ten pound
• Ann Murphy ten pounds

Be it remembered that the above-named Persons acknowledge themselves bound to Our Sovereign Lord the King, His Heirs and Successors, in the penal Sums expressed against each of their respective Names; Conditioned if the above-named individuals, James Davis shall personally appear and present and the above named John Hodson and Ann Murphy do appear and give evidence at the ensuing Quarter Sessions to be Holden at Windsor in a case the King against Lees for Larceny then this Recognizance to be null and void, otherwise to remain in full force and Virtue in Law. Taken and acknowledged before me, One. Of His Majesty’s Justices of the Peace for the Colony of New South Wales at Penrith in the said Colony, this third day of January one thousand eight hundred and thirty-five.

In the Court of Quarter Sessions New South Wales to Wit- Be it Remembered, that John Kinchela, Esq. Doctors 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 Court of General Quarter Sessions of the Peace now here on the fifth day of February in the Year of Our Lord One Thousand eight hundred and thirty five at Windsor in the said Colony, informs the said Court that Richard Lees, late of Penrith in the Colony of New South Wales, Labourer on the third day of January in the Year of Our Lord One thousand eight hundred and thirty five at Penrith aforesaid, in the Colony aforesaid two pieces of the Current Silver Coin of the Realm called Shillings of the value of Two Shillings of the monied Goods and Chattels of one James Davis then and there being found, feloniously did steal, take, and carry away, against the Peace of Our Lord the King, his Crown and Dignity, and against the form of the Statute, on such Case made and provided.

John Kinchela

 

Jurors Impounded

• Joseph Smith JP
• John Tebbutt JP
• John Richard Rounde
• William Smith
• Jesse Upson
• James Rochester
• Thomas Tebbutt
• William Thomas Bayless
• John Allen
• Charles Sampson (foreman)
• Robert Williams
• James Smallwood

 

Windsor Quarter Sessions February 1835

Rex v’s Richd Lees Native of the colony

Court House Penrith

3rd January 1835

Before R. B Lethbridge Esq JP

Richard Lees, free, charged with Larceny

James Davis of Penrith states on both that this morning about 6 o’clock Richard Lees a free man and native of the Colony came into Deponents House and called for some Liquor and sat down in the Bar. Deponent left the Bar for a short time to go to the Taproom, and while absent it appears the said Richard Lees opened the till and stole therefrom two shillings in silver, that on Deponents return to the bar he was informed of the circumstances by his servant girl who was present and who asked if I allowed such things to be done by Lees. When Deponent, on opening the drawer missed two shillings, Dept charged him with the robbery when he immediately returned one shilling saying that was all he took out of the drawer.

James Davis John Hodson free, states on both that this morning about 8 o’clock he was in the bar at the Kings Head Public House, when the defendant was there, that he saw defendant open the drawer and take two shillings in silver out and put them in his pocket at the time he said to those present “take notice of it” Dept advised him not to do so.

John Hodson (his mark)

Ann Murphy free, states on oath that this morning about half past 7 o’clock, she was coming out of her bedroom into the area of her masters house, when she observed the Defendant with his hands in the money drawer, which was then open, Deft laid hold of his hand and advised him to lay down what he had got, which he would.

The Trials of Richard Lees

NSW State Archives. Quarter Session Cases, 1824-37. Lees, Richard, Feb 1835, Windsor. No. 10, Item 4/8488.

1830 ‘Classified Advertising’, The Sydney Gazette and New South Wales Advertiser (NSW : 1803 – 1842), 13 March, p. 3. , viewed 15 Mar 2018, http://nla.gov.au/nla.news-article2194679

1830 ‘Advertising’, The Sydney Monitor (NSW : 1828 – 1838), 26 May, p. 1. (AFTERNOON), viewed 15 Mar 2018, http://nla.gov.au/nla.news-article32073659

1830 ‘To the Editor of The Australian.’, The Australian (Sydney, NSW : 1824 – 1848), 17 September, p. 3. , viewed 15 Mar 2018, http://nla.gov.au/nla.news-article36865338

1830 ‘SHIP NEWS.’, The Sydney Gazette and New South Wales Advertiser (NSW : 1803 – 1842), 23 November, p. 3. , viewed 15 Mar 2018, http://nla.gov.au/nla.news-article2196576