Wednesday, February 20, 2013


Today at NSW State Records I found the notebook used by Justice Owen who presided over the Jimmy Governor Supreme Court case.
He took copious notes of the testimonies of witnesses, and the defendant, and highlighted matters of law he needed to explore further.
In particular, the 'double jeopardy' argument used by Jimmy's barrister, Frank Boyce, that his client had already been tried and convicted by being declared an outlaw, and therefore could not be tried for the same offences again.
Justice Owen's handwritten and difficult to read notes on this case fill 55 size A4 pages (pp.95-150).
His notes on Ethel's evidence say that she and Jimmy arrived at the Mawbey farm at Breelong in April 1900, around the time of their son, Sydney's first birthday.
And on John Thomas Mawbey's evidence,that  there were four males in the old inn on the night Jimmy Governor came a'calling before the murders were committed.
They were himself, two of his sons, Reginald, 18, and Sydney, 13, and his brother-in-law, Frederick Clarke.
Justice Owen observes that Ethel is 'short of stature' and that John Thomas is 'a small, pleasant-faced man'.