TRIAL OF THE CASE, MUDIE V. KINCHELA, FOR HORSEWHIPPING THE PLAINTIFF, IN THE SUPREME COURT OF NEW SOUTH WALES, ON MONDAY, OCTOBER 26, 1840. BEFORE THE HON. MR. JUSTICE WILLIS AND A SPECIAL JURY.

Sydney: W.A. Duncan, Australasian Chronicle Office, 1840. 52pp. Dbd. Minor toning, some loose leaves. Good. Item #WRCAM53792

A rare trial account of a peculiar, though perhaps an oddly-justified assault in Australia in 1840. "James Mudie had in his book THE FELONRY OF NEW SOUTH WALES reflected upon the capacity of Kinchela's father in his office as judge. The younger Kinchela waited for Mudie, who had recently returned to the colony, and administered many lashes (one witness said 50) with a horsewhip. The defence was that Mudie well deserved what he got as a common libeller and that Judge Kinchela was now aged and unable to take his own part. The jury returned a verdict for the plaintiff in the sum of £50 - one pound for each stroke" - Ferguson. Some might call the horsewhipping a simple case of frontier justice. Together, Ferguson and OCLC locate only five copies, all in Australia. FERGUSON 3104. OCLC 220294602.

Price: $1,750.00