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Messages - rickeyh

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28
Australia / Re: "no presentment" - Legal Term. What does it mean?
« on: Wednesday 28 November 18 04:54 GMT (UK)  »
I suspect (reading between the lines) that there was some thinking that the victim deserved it.  The victim was my 1st cousin twice removed.

29
Australia / Re: "no presentment" - Legal Term. What does it mean?
« on: Wednesday 28 November 18 04:39 GMT (UK)  »
I'm not so sure Jamjar. It is a little ambiguous. It says

"At the inquest it was alleged that Kelly had threatened to "do for" his wife and Price if he caught them together. A verdict was returned that death was the result of a gunshot wound, and Kelly was
committed for trial on a charge of murder. "

So this was at the inquest.

The newspaper article is quoting the Crown Prosecutor saying "that no presentment would be filed against Kelly."

So, following the inquest the Prosecutor decided that the trial would not proceed.

30
Australia / Re: "no presentment" - Legal Term. What does it mean?
« on: Wednesday 28 November 18 04:31 GMT (UK)  »
Thank you Mckha489 and JM. I can find no record of a subsequent court case so that makes sense. Interesting times when someone could be shot in the back and the perpetrator (alleged) was not brought to trial. ;-)

Rickey
 

31
Australia / "no presentment" - Legal Term. What does it mean?
« on: Tuesday 27 November 18 20:36 GMT (UK)  »
I am researching the Price family in Victoria and came across this newspaper article from the 24th July 1914

https://trove.nla.gov.au/newspaper/article/91575073

"Mr. S. Leon (Crown Prosecutor) made an announcement at the Sale Criminal Court to-day in connection with the case, the King v. David John Kelly. The body of Charles Price was found at
Scrubby Creek, near Omeo on Sunday, 14th April. There was a bullet wound in the body. At the inquest it was alleged that Kelly had threatened to "do for" his wife and Price if he caught them together.

A verdict was returned that death was the result of a gunshot wound, and Kelly was
committed for trial on a charge of murder. Mr. Leon stated that no presentment
would be filed against Kelly."

Can anyone tell me what this actually means? My thinking is that the Prosecution decided not to proceed with the case which is quite extraordinary considering the evidence.

Thanks

Rickey

32
This might be better on the Australian board. Just had a quick look and it seems he came to Australia in 1790 on the 'Surprise'. I will have a bit more of a look and see what happened to him.

33
Australia / Re: "Exiles" transported to Port Phillip 1845-1849
« on: Tuesday 09 August 16 09:55 BST (UK)  »
No worries - good luck with your continued research.

34
Australia / Re: "Exiles" transported to Port Phillip 1845-1849
« on: Tuesday 09 August 16 02:06 BST (UK)  »
Hi there, not sure if you are still interested in the Exiles but I am descended from Jonas Jennings who arrived on the Eden in 1849.

He was the 'maternal grandfather of the husband of my great-grandmother'.

I can send you some details via PM.

Just let me know

Regards

Rickey

35
Australia / Re: Melbourne Library Death Notices
« on: Wednesday 27 July 16 05:00 BST (UK)  »
Cando, I wasn't suggesting for a moment that the person in question was sent to Victoria as a convict. I was merely pointing out that there were people sent to what is now Victoria from England as convicts regardless of whether Victoria is considered to be a penal colony.

;-)

Rickey

36
Australia / Re: Melbourne Library Death Notices
« on: Wednesday 27 July 16 04:26 BST (UK)  »
It is not usual to suggest that Victoria received convicts.  It is usual to note that Victoria was not a Penal Colony.    The paramount reason that people moved to Victoria in the 1850s should be attributed to gold fever.

Heaven forbid that Victoria received convicts  :o Yes you are correct in that the Exiles arrived before 1851.

(Jonas Jennings was a convict aboard the Eden who was pardoned upon arrival and sent to Portland with around 190 others. He was the maternal grandfather of the husband of my great-grandmother.)

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