The issues arising were malicious prosecution, civil procedure, imprisonment for debt and perjury.
It was argued that SAMUEL ONIONS had unjustly caused JOHN RAINE to be arrested and held on bail on the false claim that he was indebted to him to the sum of 20 pounds.
Mr RAINE, a public notary, claimed he had applied to Samuel ONIONS, of King-Street, ironmonger, to supply him with agricultural implements in February 1834.
He had also given him some jointers (carpenters planes) and old cast-iron mill work to sell and credit against his account.
Someone else then brought a libel case against Mr RAINE for which he was fined and imprisoned.
When RAINE got out of gaol, Onions accused him of owing him 20 pounds.
GEORGE MAWBEY, Mr Onion's clerk, was called to depose that the jointers and ironwork had not been disposed of at the time he left the employ of ONIONS on 10th January last. He said he had always understood they were left there to be sold on commission.
Advertisement. To the Editor of the Sydney Gazette.
I told him I would see the party myself.
also I insisted on leaving as collateral security the articles of jewellery; with respect to the part of Mr G M's letter, I will leave it to the public to form their own opinion how far it is consistent that I should insist on leaving my articles independent of giving my acceptance;
he further states they were accordingly "booked" in the day book;
if so, why did Mr ONIONS refuse to give me an acknowledgement, stating the number of articles left; he has also stated with regard to interest he thinks Mr Onions never received any;
let him ask Mr O if the very watch key now attached to his watch is not the same key I gave him, forming one of the articles he received which I enumerated on account of interest therein;
and should .... By your giving the above a place in your columns, in reply, will much oblige.Mr Editor, Yours obediently, LEWIS JOSEPH. June, 10, 1837.
The Australian, Friday 9 June 1837
At this time Mr Joseph insisted on leaving as collateral security the following articles of jewellery, viz: four eye glasses, two coral necklaces, two pair of ear rings, and seven brooches, all of which I duly entered in the day book, which can be inspected by any one, as to that particular fat, so that that part of Mr Joseph's advertisement as regards the quantity of articles is a most palpable falsehood.
As to the interest on the occasion, I am inclined to think Mr Onions never received, as he would be very glad to receive the principal only.
G. MAWBEY, Late Clerk to Mr S Onions, George-street, June 8, 1837.
When I originally made this post, The Australian newspaper was in the process of being digitalised and was not available.
A copy was sent to me in February 2011 by a descendent of the Candy family, one of whom was married to a Melbourne Mawbey.
For more about Samuel Onions, click on his page in the right sidebar of this blog.
Coincidentally, Bigges' brother-in-law, who arrived in the colony three years later, was the first minister at the new church which was dedicated to St James!
Was that a bit of nepotistic 'forward planning' on Bigges' part?
[Source: Lawlink NSW website]
OTHER MAWBEY COURT CASES
The Argus, Melbourne, 29 May 1853
William MAWBEY charged driving a dray with no number on it but discharged.
Central Police Court.
WILLIAMS v MAWBEY proceedings under the Tenants Act were granted.
The Sydney Morning Herald, Thursday 23 August 1894
GEORGE MAWBEY, a contractor, of Ann-street Surry Hills, was charged in the police courts of having caused his horse to be cruelly ill-treated by permitting it to be worked whilst lame in the foreleg.
The case was brought by an inspector to the Society for the Prevention of Cruelty to Animals.
Defendant was fined one pound, with costs; in default, seven days imprisonment.
This would have been George (II) Mawbey, younger brother of John Thomas of Breelong and son of George (I) and Ann Mawbey, and my great uncle.
He was aged 36 at the time.