ms 3251 1822-1825 box 2 vol 1

Echoes of Bushranging days in VAN DIEMENS LAND: BRADY, MCCABE, PERRY, GEFFREYS AND BRITTON
1822 – 1825
Manuscript 3251. Box 2 Vol 1  1822-25. Collection of the National Library of Australia.

TRANSCRIPT FOLLOWING:

MS3251 1822-25  box 2 vol 1    p176

TRANSCRIPT:

p1 (March 1822 pencil, blue pencil underlined)

The information of Mr William Lucas who saith in the month of March 1822 I lived at my farm at Pleasant Hills on the bank of the River Tamar. About seven o clock one morning in the said Month, a man came to my House with a Gun, and knife fastened at the end of it, I was outside my House when I first saw him – he was twenty or thirty yards from me – he said do you know who I am? and immediately added “My name is Job” – He then asked where my Dog Bowler was, I told him I hoped he would not take my Dogs from me – He replied “Lucas I see you are striving to get on I’II taken nothing from you” he then went away from the House, and returned in about half an hour saying he had lost a knife and presumed to look for

p2

it until he came within three yards of me, when he pulled a knife out of his Pocket and fixed it on the end of his Gun saying “this is the knife I have lost” he put the knife close to my breast and with his thumb on the cock of the Gun said “now Lucas resist if you like” I stepped on one side – he presented his piece towards my wife, and ordered her to stand on one side – he also did the like to a man named Dwyer who was working for me. Edward Bates my Government Man was present – Job ordered him to tied my two Dogs Lady and Bowler, and to go into the House and hand him out some things, Nates went into the House and opened my Clothes Box that stood under the window, and whilst he was taking out the clothes, Job bade him hand out a new brown cloth jacket and trowsers, and an old black coat my property, also a coarse muslin shawl, and a black silk cloak, He then ordered Bates to bring out my two muskets (one

p3

without a lock) and, with the things already stashed and teht two dogs, to accompany him – Bates refused to go with him – Job said “You must go, I will not keep you long” – Bates then took up all the articles aforementioned and Job Ordered him to go before him with the Dogs – about half an house afterwards Bates returned to my House with my two muskets and my wife’s cloak – I had lived in my house about ten days, and have resided in it ever since – I was too much frightened when Job put the knife to my breast to recollect further particulars – Both my muskets were useless at the time – the man whom I have this day seen in Gaol , called Job Carfield, is the same who robbed my House at the time and in the manner aforementioned.

WM Lucas

Sworn before me at Launceston this 26^th August

PA Mulgrave

p4

Wm Lucas

v

Job Garfield 26^th August 1824

(bushrangers in pencil)

p5 (Jan 1824 in blue wax pencil)

Cornwall

Van Diemens Land

To Wit

The information and complaint of George Hull Esq who being sworn saith I am a Deputy Assistant Commissary General in charge at Launceston in the County Aforesaid. About twelve o clock this forenoon the Letter hereunto annexed was delivered to me at my Dwelling House by John Batman of Laucneston aforesaid, who said he was desired to deliver it to me by Mr Smith (whose hand and writing I know it to be) and to carry to him the said Mr Smith (a shopkeeper in the said Town of Launceston) my answer to his latter. I requested the said John Batman so inform the said John Smith that I could not mcuts? Person of his description, and as I considred that both him (the said John Batman) and M Smith had committed a breach of the peace I should lay the said letter before the Police magistrate. Now

p6

the said letter being obviously intended to provoke me to fight a duel with the said John Smith, I therefore pray that justice may be done.

Geo. Hull

Sworn before me at Launceston

this 18^th day of January 1824

PA Mulgrave JP

p7 (inserted letter )

Sir

As you have forfeited your promise of sending to me a written contradiction to your false and unjust accusation publickly stated.

I now demand that apology or that you will meet me to morrow morning at 6 o clock fully prepared to give satisfaction for the insult

Your most obed st

John Smith

Launceston

Sunday morn

Jany 18th 1824

George Hull Esq

p8

George Hull esq

v john Smith and John Batman

18^th January 1824

(to fight a duel – in pencil)

p9  (1824 in blue pencil)

Charles Abbott Deputy Provost Marshal at Launceston in van Diemens’ Land maketh oath and saith that on the sixth day of February instant he received a Replelvin Bond from Mr William Williamson on Launceston aforesaid and his sureties Mr Henry Davis and William Salter wherein the said William Williamson Henry Davis and William Patten are bound to John Beaumont Esquire Provost Marshal of Van Diemens Land in the sum of Fifty Pounds Each of lawful money of Great Britain conditioned that if the said William Williamson should appear in the Lieutenant Governor’s Court in the next term thereof, and prosecute with effect his suit against Thomas Palmer for unjustly  detaining goods chattels and effects  the property of the said William Williamson a return the same to the said Thomas Palmer if return thereof should be adjudged by the said court then the said Bond to be void, else to remain in full force and virtue – and the Deponent further maketh oath and saith that immediately after receiving the said Replevin Bond he accompanyed the said William Williamson to the Dwelling House of the said Thomas Palmer situate in Launceston – aforesaid and demanded the return of the said Goods chattels and effects the property of the said William Williamson from Eliza Fitzallan the Housekeeper of the said Thomas Palmer who refused to deliver them up – and this deponent therefore prays the aid of the Police to recover the same.

M Abbott (signed)

Sworn before me at Launceston this 5^th day of February 1824

PA Mulgrave

p10

affidavists of  MR ABBOTT FW  Williamson

v Mrs Fitzallan

6^th February 1824

p11 (April 1824 in blue wax pencil)

Declaration of James Smith

James Smith being duly sworn depones that some day in the month of July 1822 as he was going home from Launceston to Mr Bromley’s Mill and whilst about one hundred and fifty yards from James Morley’s house, he met Morley and Luke Fowler, who were beating a man of the name of Sharp. Deponent saw James Morley kicking the man, and the blood was flowing from his mouth. Sharp was at the time extended on the ground. Deponent  enquired what they were beating the man for, and Morley made answer “it was better for him to die (meaning Sharp) than for four or five to suffer” Deponent was informed afterwards that the reason of their beating Sharp was because he had mentioned to some people that Morley had stolen four ewes and three lambs the Property of Doctor Mountgarrett and that they were beating him in order to prevent his giving any further account of the robbery. Deponent them proceeded on to the Mill and left Sharp lying on the Ground. Morley and Fowler left Sharp at the same time and proceeded to Mr Bailey’s where they were employed at the time splitting paling as Deponent

p12

understood Sharp crept home to a hut at Morley’s where he died that evening. Deponent saw Morley two days afterwards and John Donald’s Blacksmith Launceston, where he (Morley) came to get an axe repaired and whilst there he called witness out and informed him that he “had put his other Government man James Dorrington into the Gaol, on suspicion of the murder” and he begged the Deponent “Would not mention what he had seen him doing to Sharp the other day”. Deponent informed Morley “he should say nothing about it, as it was none of his business” Deponent did not see Morley, for about three months after when he met him at Launceston at Muster, Morley then engaged Deponent to go and work with him, which he did for about a fortnight. Deponent afterwards got employment at the Mill and left Morley’s employ. Deponent remained employed at Mr Bromley’s Mills until Morley was confined for stealing Mr Lett’s Bullocks, Deponent mentioned

p13

the circumstances of his case to Richard Dry the late Superintendent about four months ago, but he took no notice of it afterwards

James X Smith

his mark

Sworn before me at Macquarie harbour Van Diemen’s Land this seventh day of April, one thousand Eight hundred and twenty four.

S Wright

JP & Commandant

p14

Information of James Smith

of Macquarie harbour ag/ Morley and Fowler for depting??? and hassing?? and Sharp

7^th April 1824

(Assault in pencil)

p15

To Liet col Charles Cameron

Commandant

&  &  7

The Humble Petition of

Catherine Fowlser

Sheweth

That your Petitioner having entered upon the premises formerly in the occupation of John Thomas and known by the sign of the “Old Blue Bell” most humbly implores you will be pleased to grant her a licence for Retailing Spirits &c and your petitioner as in duty bound

Launceston 1^st June 1824

William Bray (??)

Catherine Fowlser (signed)

p16

To Liet col Charles Cameron

Commandant

The Humble petition of Catherine Fowlser

Launceston 1 June 1824

p17

(slip of paper   c18 x 12 cm  w x h )

I hereby agree to part with my wife Margaret White as we cannot agree  together, and I further say that she has no more claim on me or I

Laughlan White

26^th April 1824

Launceston

p18

agreement between Laughlin White and his wife

26^th April 1824

p19

Unto the Honorable

The Bench of Magistrates Launceston

The memorial of   Robert Towers humbly sheweth

That your memorialist is desirous of commencing the trade of Brewer of Beer and Porter here and having fitted up premises for that purpose has most respectfully to request your Honours will grant because I your memorialist is duty bound will ever pray

Robert Towers

Launceston

21 June 1824

p20

Cornwall

Van Diemen’s Land

To Wit

The information and complaint of Mr Laughlin White who being sworn saith on or about the eleventh instant Margaret White my wife absconded from my residence on the River Tamar and has I believe been leading a disorderly life in Launceston since that time. I therefore pray that justice may be done.

Laughlin  White (signed)

Sworn before me at Launceston  this 29^th Day of April 1824

PA Mulgrave JP

p21 (pencil separation agreed to)

Laughlin White vs Margaret White

29^th April 1824

p22 (April 1824)

Cornwall

Van Diemens Land

Peter Archer Mulgrave Esquire one of the Justices of our Lord the King Assigned to keep the Peace in and throughout the Territory of Van Diemens’ Land. Alexander Cumberbeach, and Phillip Riely Constables of the said County, and to the Keeper of His Majesty’s Gaol at Hobart Town in the County of Buckinghamshire in the said land.

These are to command you the said Constables in his Majesty’s name forthwith to convey and deliver into the Custody of the said Keeper of the said Gaol the Bodies of Thomas Taylor, John Clayton and Luke Fowler charged upon the oath of divers Persons of their County before me

p23

Coroner for the said County, with the wilful murder of William Clements Labourer later of Norfolk Plains in this County on the first day of June  last at Norfolk Plains beforesaid also the body of Charles Kimberley charged with the wilful murder of Judith Burke late  of Launceston in this County on the twenty first day of September last at Launceston aforesaid likewise the Body of George Pennington apprehended by virtue of a warrant from A.W.H. Humphrey Esquire Superintendent of Police at Hobart Town in the County aforesaid and one of His Majesty’s Justices of the peace for the said Land, and you the said Keeper are hereby required to receive the said Thomas Taylor, John Clayton, Luke Fowler, Charles Kimberly and George Pennington into your custody in the said Gaol and them there safely keep until they shall be thence delivered by due course of law, herein fail you not.

Given under my hand and seal at Launceston this twenty fourth day of April 1824 in the fifth year

p24

of the Reign of hiss said Majesty King George the fourth

p25

Copy of warrant to convey Taylor, Clayton, and Fowler to Hobart Town

24^th April 1824

(Murder underlined in pencil + Bushrangers underlined in pencil)

p26

Launceston

26^th April 1824

Sir

I have the honor to enclose herewith Return of the Persons committee by me for trial before a Court of Criminal jurisdiction also certificates and documents touching inquests on the Bodies of William Clements late  of Norfolk Plains and Judith Burke late of Launceston likewise the Recognizance of John Armstrong accused of prevarication before the inquests on William Clements.

This summons if for the witnesses at Port Dalrymple could perhaps be most conveniently served if sent to Chief Constable Dawson

I have the honor to be

Sir

Your most obed humble servant

to Capt. Robinson

p27

Forwarded with the letter on the other side documents relative to the Inquests on the bodies of William Clements and Judith Burke… committal of Thomas Taylor, John Clayton,, Luke Fowler and Charles Kimbley or Kimberley. Recognizancc of John Armstrong. Return of common evidence? by the coroner for the County of Cornwall Van Diemens land 1823

Letter for Capt Robinson

26^th April 1824

p28 (may 1824 in pencil)

Cornwall

Van Diemens Land

To Wit

The information of Chief Constable Lawson saith on visiting the watch house yesterday evening the 13^th instant and finding one of the Prisoners absent, I went to the Ship Inn and there found Joseph Smith who I immediately conveyed to the Watch House and was there informed by the Keeper of that Prison that Thomas Jeffries a Prisoner and overseer of the Gaol Gang had been endeavouring to breake through the wall of the Watch House with a pick axe, I went in ordered Jeffries to the cell, which order he refused to obey, I went immediately for more assistance, and on my return with three other Constables I ordered them to put him in irons for his improper conduct he then drew a knife upon us made several thrusts at me, swearing he would stab the first

p29

man that should attempt to put him in irons, I at length succeeded in knocking the knife from his grasp and the Constables immediately seized bold of him, and ironed him, from which he soon broke loose, and threw them over the cell door, into the passage swearing if he did not get a drink of water he would breake open the cell door, soon afterwards he was (by order of PA Mulgrave Esquire) removed to the Gaol – Jeffries during the time of our confining him speared much intoxicated and used a great deal of abusive language to me

G Lawson

Chief Constable (signed)

Sworn before (Blank) at Launceston this  (blank) day of May 1824

The information of Thomas Johnson a Petty Constable who being sworn saith yesterday evening the 13^th instant about seven o clock Mr Lawson directed me to go to

p30

the Watch House saying Thomas Jeffries had been exceedingly refractory and on our arriving at the Watch House we found Jeffries  intoxicated, he abused Mr Lawson very much, Mr Lawson ordered him to be put in Irons he then took a knife from his pocket, opened it saying he would put it into the first man that should lay hands upon him, to put him in irons, he pointed the knife towards Mr Lawsons body stretching out his arm at the same time. Mr Lawson knocked the knife from his hand with his stick, and we immediately seized him and put him in irons from which he broke loose, he was then hand cuffed by force and taken to Gaol.

Thos Jhonson (signed)[i]

Sworn before me at Launceston this (blank) day of May 1824.

The information of Fortuné Guillois a Constable and Watch House Keeper who being sworn saith, between six and seven o clock last evening with 13^th instant, I discovered some person

p31

attempting to force open the door of the Watch House. I immediately went in and saw Thomas Jeffries laying a Pick axe out of his hands I found a part of the partition had been pulled down and the lock of the door broke, I reported it to the chief constable, who came and ordered Jeffries to be confined in a cell Jeffries abused Mr Lawson said he would not go into the cell Mr Lawson went away and soon returned with some more Constables ordering Jeffries to be put in irons, Jeffries then drew his knife, threatened to stab the first man that should take hold of him, Mr Lawson I believe knocked the knife form his hand as I saw Mr Lawson pick the knife up from the floor and rush upon him with the other Constables, put him in irons, and confined him in a cell, Jeffries broke his irons and they were picked up in the passage, as soon as Jeffries asked for water it was given him by Constable Smith, Jeffries abused Mr Lawson very much, using the

p32

most provoking and indecent language, both before and after he was in irons, about a quarter of an house afterwards he was conveyed from the Watch House by Mr Lawson and other Constables.

Sworn  before (blank) and Launceston this (blank) day of May 1824

p33

Informations against Thomas Jeffries

taken at the Police Office

14^th May 1824

Decided

19^th June 1824

(Jeffries the Bushranger – in pencil)

p34 (very ornate handwriting)

Launceston 3 May 1824

Col Cameron

Sir

The distillery erected by me on the Banks of the North Esk will be ready to be Licenced by end of next week, I have therefore used the freedom to address you for the purpose of ascertaining the proper question?  to apply for a regular Licence

And I have the Honnor to be

Very Resp

Srvt

January of

James Towers

George Town

p35

Van Diemens Land

Cornwall

To Wit

By one of his Majestys Justices of the Peace for said County

The information of Thomas Grady Constable by being duly sworn deposeth as follows.

That on Sunday the 13^th inst. about the hour of two in the morning, four men came to deponent’s  house and calling out demanded admittance. Deponent refused to open the door upon which they then forced open the window, after which they declared then they were a party going thru the county and in  want of food upon which Do Lt opened the door, and readily judged the description of men they were – Dpt also recognised  one of them They next demanded his musket, and took a small canister of powder and 3 pound of shot. They also took away a shirt which hwas out of doors on the grass, and some tea and sugar – they also threatened to set fire to the wheat stack they conceiving it to belong to Deponent’s landlord Donald McDonald, but were persuaded by the deponent who said all the blame would fall on him  and further sayeth not.

Thos x Graddy

his mark

Sworn before me at Tallisker this 22d

day of June 1824

D M Leod JP

p36

Deposition of Thos Graddy

p37

Van Diemens Land

Cornwall To Wit

By one of his Majestys Justices of the Peace for said County

Henry Weston one of my assigned Govt servants came before me D McLeod this 22d day of June 1824 one of his Majestys Justices of the peace and being Duly Sworn deposeth as follows, that on Tuesday night last the 15^th inst. four men came to the Servants Hut at Claiggin the estate of Lt Colonel Mc Leod and demanded admittance and rapped at the door. Dept opened the door and three of the four entered the Hut – the fourth standing at the door call’d out the Bag  upon this the others took down a Bag which was hanging over his bedstead and took out a jacket, waistcoat and 3 pair of stockings, they then asked for arms and lastly for a pair of Blue trowsers.

Dept replyed he had no fire arms nor had he the blue trowsers upon which they departed quitly. Sept knows 3 of the four by name and further sayesth not.

Henry Weston (signed)

Sworn before me at Tallisker  the 22d day of June 1824

DMc Leod JP

p38

Information

taken by D Mc Leod

v Stephenson & others

June 1824

(Robbery in pencil)

Deposition of Henry Weston

p39 (June 1824 in pencil)

The examination of John Perry who saith I left the Penitentiary at Launceston on the 7^th of March last in company with Michael Brown and Thomas Mitchell we had not provisions, Michael Brown had a kangaroo Dog, we went that night  a little beyond  Captain Barclay’s Farm and slept in the bush, the next day we went about ten miles farther on this side the River, the third day we only went two or three miles, we dept away form all Stock Huts and subsisted entirely on kangaroo caught by Brown’s Dog, we crossed the river opposite a Sugar Loaf near Ben Lomond we went round on the Derwent? side of Ben Lomond, after we had left Ben Lomond four days or a week, we fell in with a party of natives near the coast on Saint Georges River.

p40

A man named Scot, a sealer, was with the natives. The natives did not illuse us but took away Brown’s kangaroo dog; we then gave ourselves up to Scott, so he took us to Preservation Island in his Whale Boat. We were three weeks going from Launceston to the Coast near Saint Georges Rivers, when Scott took us to Preservation Island he left us in charge of Munro, and went away sealing, there were only Munro and five native women on the island when we landed; Munro employed us in digging his garden, and supplied us with provisions as long as he had any, or until his stock run short; we then fed upon penguins; a schooner belonging to the Aguielar, a Sealing Boat belonging to Harrington, one to Williams, one belonging to Duncan, and another belonging to a man called The Cobler put in whilst we were there, no one of the crew of those vessels attempted to take us away;

p41

Sergeant Wilcox and a Party of Soldiers took us into custody last Saturday week and put us on board the Mary Ann Sloop of this Port, and were landed on the Main Land below twentyday Island, from whence we were three days marching to George Town where we arrived on last Friday the 18^th instant

Taken before us at Launceston

This 22^nd day of June 1824

Chas Cameron JB (signed)

Peter Archer Mulgrave Esq (signed)

p42

Examination of John Perry

June 22^nd 1824

Decided

p43

Cornwall

To Wit

The information of Sergeant Wilcox of his Majesty’s 3^rd Regiment (or Buffs) who being Sworn saith

I was ordered on the 9^th instant by Colonel Cameron Commandant of George Town to go on Board Mr Parishes sloop in consequence of information Colonel Cameron had received of three crown prisoners being on the island of Preservation. We left George Town on the 9^th and on the 12^th found the three prisoners John Perry, Thomas Mitchell and Michael Brown on Preservation Island from whence we sailed on Sunday evening the 13^th on the William and Ann and landed with the Prisoners on the Main to the northward of twenty day island on the 15^th from whence we marched to George Town where we arrived on the 18^th

Sworn before us at Launceston this 22 day of June 1824

John Wilcox     (signed)

Serg Bicks?    (signed)

Chas Cameron JP (signed)

PA Mulgrave Esq    (signed)

p44

Information  of Serjeant Wilcox against

2 runaways found on Preservation Island

on the 12^th of June

decided

22 June 1824

(runaway convicts)

p45

Cornwall

To Wit

The information of Thomas Tombs who being sworn saith on Friday the 6^th instant my hut on the Blake Snake near the Forest was robbed of a Kangaroo Rug, a large blanket, a shoulder of mutton and a Bushel of Flour. John Lanc/e? A servant of Mr Gibsons told me that a man named John and a man named Smith has slept at his Hut about three miles on this side of mine the night before my hut was robbed that they had each a bullock cart with them and had gone towards Hobart Town. I went in pursuit to Elizabeth Creek and in Reaching a hut there along with Chief District Constable Pearson I found the prisoner John Cavanagh and another man named William Smith sleeping upon a bag containing my kangaroo Rug and blanket.

p46

Blanket which had been stolen out of my hut the preceeding morning. Cavanagh said that Smith knew nothing about the Kangaroo Rug and blanket that the bag containing them had been thrown into his cart on the road by a man whom he did not know who had gone forward to Hobart Town and requested him Cavanagh to take the bundle there for him.

Thos Tombs (signed)

Sworn before me at Launceston this 14^th day of February 1824

PA Mulgrave Esq(signed)

p47

Clarendon 17^th June 1824

Dr Div/

For your information I beg to inform you the enclosed papers respecting four runaway convicts from the Penitentiary who were taken at Buffalo Plains last night by Corporal James Wright, and three privates and one constable John Barefoot (away? To the expected confinement of Barefoot’s wife, I have allowed him to go home to night and  the Corporal and party have them now in custody and will deliver them over to the   jailor)

The prisoners  Phil? Reardy?

M? Heillyer, Mathm Stevenson and Joseph? Twig?

PA Mulgrave Esq

N Police

Le   le  le

p48

Stand charged with robbing sundry goods from two of my shepherd’s huts, from hutt of Colonel McLeod farm, and a hut of Mr Batemans on Buffalo Plains, such of the Depositions as I can get by Monday? sent I will forward to you. The arts? As are enclosed list are in charge of the Corporal, the progress as to the robberies will I expect be very clear and I hope the rascals? Will meet with the punishment they deserve

I remain

Sr Din

Yours truly

James Cox

p49 blank page – watermark – RUSE & TURNERS 1820 (Cox’s paper)

p50

Clarendon  10^th? June 1824

Dear Sir

I recvd yours of yesterday date with the news??? the constable  that brought him went away this morning without my seeing him or enquiring if there was any letter for you.

There will not be any opportunity of sending this to you until one of my men go to Launceston on Monday next.

Having a little business at Hobart Town together with conveying of the carriage (lately Gov Sorell) from there, determined me on starting tomorrow morning at day light for that Place, barring accidents I expect to be back in seven days. I now feel the mail of Whitefoot?

p51

He being in such a wretched condition will oblige me again to take the two young men?

I am at a loss to reason how I can have been? so much reduced?

I wrote you past evening respecting the four convicts taken by Corporal Thomas White and his party and I now enclose the information of two of McDonald, men and of one of my own men, information against them have yet to be taken from Mr Batemans men at Buffalo Plains a man of mine by name of William Buckby reciting [?] One of the muskets besides the party that took them and I have lends [??]  day that they also committed a robbery at the house of Thomas Grady at the falls, as it cannot be any detriment to the publick service [?] I could wish that my

p52

man Buckby/Bushby? May not be sent for until my return from Hobart Town as I should wish to be present   If they are tried by the Magistrates but if they are ordered for trial before the criminal court now to be holden at Launceston I trust you will have the goodness to collect any evidence that will tend to convict them, as they are a most impudent sett of villains- /on Monday 14^th inst. robbed my Shepherds Hutt in the Creek Nile on Tuesday 15^th inst. robbed my shepherds Hut of a musket from Wm Bushby on South Esk River opposite Gibson’s Stock yard same evening robbed Mr Donald Hutt on Colonell Mc Leods farm on Wednesday evening 16^th robbed Mr Batmans? Hutt on Buffalo Plains and taken the same night by the soldiers/ and deserve to be severely treated &c and further

p53

note that a sloth?? will be sent to the ???? that the Penitentiary  men are allowed off Sunday as I believe all the statements? taken I have on those days. This probably ?? requires a representation immediately after my return from Hobart Town I will? be in Launceston and any matter I can assist you in that regard to be represented  on? a charge is absolutely necessary for the good of the Publick I shall be lastly do it,  I also enclose a  short information of Mr Donalds the summons is returnable on Monday at the Police Office as a matter of convenience to the complaint.

This being a jumble of private and publick business I hope you

p54

will excuse it.

Please make our complaint? to Mr Mulgrave  when I see him? I shall request him not to give you leave to go to Hobart Town again in a hurry as you cannot find your way home [?]  in any reasonable time.

Should any convicts make their escape from Launceston during my absence Please to send an express [?] direct to Maxey and have the goodness  not to require? Maxeys service on any acct while I am away. I must now prepare for my journey, nine o clock Friday evening the blacksmith is now at Works? with my horses shows.

James Henty ??

James Cox

p55

James Cox

June 24^th

unreadable

(bushrangers in pencil)

p56 (July 1824 in blue pencil)

Cornwall

Van Diemen’s Land

To Wit

The information of Constable William Lawson who being sworn saith about four o clock in the afternoon of Friday last the eighth instant I was at Mr Fields Hut near the big Swamp at the back of Norfolk Plains with Corporal John Bryan and Constable Thomas Etherington  the door of the Hut was open I saw Thomas Pawley sitting inside the Hut reading a Book. I said is this my friend Pawley he turned his head and I then saw it was Thomas Pawley he immediately got up and drew a pistol from his breast pocket I immediately presented my Musket and told him if he fired I would blow him to pieces he then shifted the pistol from his sight to his left hand Corporal  Bryan stepped up and ordered Pawley to throw his Pistol down he did not Constable Etherington picked it up and gave it to the Corporal who fired it off it was so heavily loaded that the stock was fractured by the discharge Constable Etherington searched the person of Pawley and took from him one Ball a Buck shot and a small quantity of gunpowder

p57

in a horn, I asked Pawley where his knapsack was he pointed to one that was lying on the floor empty about a minute afterwards a man named Grindly came to the Hut the Corporal asked Grindly if he knew Pawley, he said he knew him but he did not know he was in the Hut. Pawley said he had only just come to the Hut that he had a Hut of his own on the other side of the Pennyroyal Creek where he had a Kangaroo Rug and a Pat or two

William Lawson (signed)

Sworn before me at Launceston this eleventh day of july one thousand eight hundred and twenty five

(no name)

p58

Pawly

July 11^th 1825

p59

Van Diemen’s Land

The information of James Laverty who being first duly sworn  saith, I am an assigned servant to Mr Abraham Walker, and have resided for the last fourteen  of fifteen months upon my master’s farm at the Western Lagoon under the Western Mountains, at the back of the upper part of Norfolk Plains, and have had charge of a flock of sheep grazing there  about six o clock on the evening of Sunday last the third day of April instant, I returned from my sheep to the Hut, and when I got within a few paces of it, a Bushranger name McCabe , came towards me and demanded the Gun I had on my shoulder, I refused to give it to him, upon which Mathew Brady, another Bushranger, presented a double Barrelled Gun at me and ordered me to give my Gun to McCabe, I did so, and McCabe gave it to a third man who was in company with him and Brady, whose name is Thomas Pawley /or Porley/ a free lad born in Sydney – Thomas Pawley immediately loaded the Gun with a Ball and kept it in his possession. They told me they had taken away everything they wanted  from the Hut, and I perceived that Brady had got on a striped shirt belonging to me and that Thos Pawley had a blue jacket and leather cap on which were my property – There was a whole sheet hanging up in front of the Hut when I left it in the afternoon about two

p60

o clock, and when I returned there was only half a sheep hanging up, and McCabe went into the Hut and brought out an iron pot with a quantity of meat in it and they ate as much as they could – then Thomas Pawley went to the half sheep which was hanging up and took it with him in company with Brady and McCabe – after they were gone I went into the Hut, The door of which had been broken open and I then found that three blankets and a rug, a blue jacket, 2 waistcoats, leather cap, two shirts, a duck frock, a white handkerchief and a half a pound of tobacco were missing and had no doubt been stolen and carried away by the three before named Bushrangers also a quantity of Fat and some cooking  utensils and a knapsack which I saw upon McCabes back when he left the Hut – Mc Cabe made me taken off a pair of new Boots which I had on and took them with him _ I found the lock of the Dairy door broken off, and a box belonging to  me forced open – just before they went away Brady pulled out a Gold watch and said it was half past six o clock – they had two Dogs with them, one of which I have seen with a man named Price who is Mr Field’s shepherd at the Penny Royal Creek – when they left Mr Walker’s Farm they steered in the direction of Saltmarshs hut – on Monday the fourth instant Mr White of Norfolk Plains and three constables came to Mr Walkers Hut

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remained there all night and yesterday /Tuesday/ morning I went with them to Topley’s Hut where they got a man to shew them the way to Saltmarsh’s Hut and ordered me to come and report the matter to the District Constable. I can positively swear that Mathew Brady was one of the men who robbed Mr Walker’s hut on Sunday last – I know him well – we lived in the same street in Manchester – Thomas Pawley I also know well – I have known him for the last twelve months,  part of which time he was William Field’s shepherd – and I heard these two men call McCabe by his name but I never saw McCabe before. Brady appeared to be very unwell and had his chin and face tied up – McCabe appeared to be quite well – I begged of Brady to let my Gun be returned to me but Pawley said he would not give it up for he knew it to be  “a real go=a=longer” – and Brady said that it was for Pawley they wanted the Gun and he would not interfere – Brady had a double Barrelled Gun and a double barrelled Pistol – mc Cabe had a single barrelled Gun and a double barrelled pistol – I believe they were very short of ammunition for they even wanted to take the only two charges of powder which I had in my flask.

James Laverty (signed)

Sworn before me at Woolmers, Lake River, Van Diemen’s Land, this 6^th day of April 1825

Tho: Archer JP (Signed)

p62

Laverty vs Pawley

6^th April 1825

jp esq

code – 4 pc  Ly General

18^th July 1825

13 jy

(Brady and his gang – in pencil)

p63

Cornwall

Van Diemen’s Land

To Wit

The information of James Kermody a Private in His Majesty’s 40^th regiment of foot, who being sworn saith, I was out with four soldier belonging to my Regiment and Constable Riley yesterday morning at the back of Norfolk Plains in pursuit of Bushrangers. About two o clock we were near a Hut where James Park an assigned servant to William Field resides, when within about three or four hundred yards of the hut we saw a man come two or three yards out of it with his hands in his Breeches pocket and look steadfastly towards us, he then went into the Hut again and remained there about half a minute, the same man came out of the Hut went round to the back of it and ran off, and crossed Penny Royal Creek. Three of my comrades pursued him, I went  into the Hut along  with Constable Riley, James park was sitting on a Bed on one side of the Door and this musket standing at the foot of the

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bed, there was a knapsack lying close to the Door with some Tea, Sugar and Flour in it, and a kangaroo Rug lying by the side of the knapsack, Park stated that the man who  had ran away was named pawley, that he had come to the Hut about three quarters of an house before we got there, that he had been making up some Ball cartridges, which he had carried away with him, that the musket, kangaroo rug, kangaroo knapsack, and its contents all belonged to Pawley, that he had never seen him at the Hut before that morning and that he had nothing to eat or drink whilst there, he further stated that Pawley had a pistol slung alongside of his Pouch. Park said that he had been previously very well acquainted with Pawley.

The Musket stood three or four yards from the Door, Park  sat on the Bed within a yard of the musket which I examined and found it loaded with Powder, two musket Balls and eleven Buck shots.

James X Kermody

his mark

Sworn before me at Launceston this tenth day of June 1825

PA Mulgrave

p65

Cornwall

Van Diemens Land

To Wit

margin:

357/7y January 1824

The examination of James Park an assigned servant of Mr William Field who saith, I knew Thomas Pawley when he was stockkeeper to Mr Livermore of Norfolk Plains; I have drawn some of my masters sheep out of his stock. I never was at his Hut but once, he came to my Hut at the Back of Norfolk Plains about nine o clock yesterday morning; he had a knapsack on his back, this musket in his hand, and a Horse Pistol slung by the side of his Pouch, he ordered me to sit down upon the Bed, and said he would trust me as far as he could see me; he sat down upon a log by the fire, having first taken the knapsack from his Back, whilst he was so doing he put the musket down by the Door  close to him,  he asked me if I had a clean shirt in the Hut, I told him I had not and enquired if the shepherd had got a double barrelled Gun; I told him that I did not know where it was; there was a double barrelled Gun there belonging to Mr Field about a week ago, when my comrade, John the Cobler, took it away, and told me that he had delivered

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it to Mr Field’s overseer John Grindley, he (Pawley) did not ask for any thing to eat or drink whilst in the hut after he had been seated about ten minutes he pulled off his moccasins, he took some pieces of paper from his pocket and made four or five call cartridges he searched the Hut, Bed, and Bedding I do not know for what purpose he said nothing more to me than what I have stated; after he had been in the Hut about an house he got up and went to the Doorway and stood looking out about a minute, he then took his piece from where it was standing and threw it against the wall near where I was sitting, took up the cartridges he had been making and ran out of the Hut, leaving his knapsack, tea, sugar, flour, and moccasins, behind him, I then heard some one cry out, and went and stood facing the Door and saw five  men, who I supposed were Soldiers, coming to me, I stood there when they came to the Hut when I first saw them they were about thirty yards from the Hut. About five or six weeks ago on a Sunday morning, I was going in company with a free man named William (Blank) from Field’s stockyard

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to the Hut where I live when I was stopped by two men, one of them was armed with a double barrelled Gun, the other with a musket and a double barrelled pistol, one of them said Young Man drop your swag, I had then about fifteen pounds of flour and ten  pounds of meat which I put down by the side of my feet, the man with the musket took it up and the other man who had a bag with some dough in it, held the bag towards me and said carry this Young Man; he asked me how far it was to my Hut, and if any Party had been lately there, I told him it was about a mile and a half to the hut, and that no party had been there; he asked me if I knew who he was, I said no, he said his name was Brady, and desired me to go on, they went with me and William to the Hut, a son of Mr Field’s was there, the Bushrangers ordered him and William to sit down in the Hut and me to fry them some meat, which they ate out-side the Hut – they remained at the hut about half an house and then went towards the Hills at

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the back of the Hut, taking with them about ten pounds of flour and ten pounds of meat belonging to Mr Field and two Kangaroo Dogs belonging to William Price

Taken before me at Launceston this tenth day of June 1825

PA Mulgrave JP (signed)

p69 (bushrangers in pencil)(lots of CODE – military code?)

Rex vs Park

Pawley vs others?

10^th June 1825

decided 2^nd July

10 pc. code and Lt Gov

p69 (Crawford and Binns Bushrangers July 1824 – in pencil)

Van Diemens Land

To Wit

The information of James Wilson who saith, I am a Prisoner holding a Ticket of Leave and live at Mrs Smith’s Stock Hut on the South Esk, at sun down on Wednesday the 14^th instant seven armed men came to the hut, they had five of Mr John Smith’s stockmen  and a man belonging to Mr Glover with them >also a black native girl< Daniel Bowwater, Matthew Gardiner and John Biffin my fellow servants were also in the Hut. The Bushrangers obliged me to cook some beefsteaks, bake some bread, and make tea for them, the meat, flour, tea, and sugar, belongs to Mrs Smith, they remained there about two hours, one man the tallest of the party they called McCabe, he was pockpitted, he had a musket, a Bayonet, and a pistol, the other six Bushrangers were armed with a musket and a

margin

Sworn before me at Launceston this 29^th day of July 1824  PA Mulgrave

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pistol each, two of those pistols belonged to a man named Murray another of the Bushrangers was called Jerry, another Crawford when the Bushrangers left our Hut they obliged Murray, Matthew, Gardiner, and me, to accompany them they first told me to take them towards Mr Gibson’s Hut but afterwards, to Port Dalrymple Road. I lost my way in the forest where we remained all night without lighting a fire, we crossed the Port Dalrymple Road in the morning, made a fire, and got some Breakfast in the Forest, they then directed me to steer towards the Western Mountains we then walked about four miles when we saw a flock of sheep and one of Mr Taylor’s sons with them two of the Bushrangers brought him down to us /the man named Jerry and Binns/ one of the Bushrangers whose name I do no know but who has lost one of his front teeth obliged Mr Taylor to carry a knapsack which he

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said was full of dollars. The Bushrangers asked Mr Taylor when he had seen the soldiers who many men there were at his father’s house what arms they had  and if they would fight, he said there were seven men, three or four Guns, and that the men would defend themselves, they ordered him to shew the way to his father’s house, when the Bushrangers got within three or four hundred yards of Mr Taylor’s House they examined the priming of their pieces and McCabe fixed a bayonet to his Gun, as we approached the house there were two men driving a bullock cart, two of the Bushrangers went after them towards the house – I saw old Mr Taylor come out of the house with a Gun in his hand and after that two or three other men all

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the Bushrangers but one then run towards Mr Taylor’s House one of them the youngest of the party remained behind with Gardiner, Murray and myself  he cocked his piece and said if I would not go on he would shoot me – a firing commenced near the house he ran towards it Murray laid down behind a small rill, a Ball  whistled past Matthew Gardiner and me we went into a brush fence, after about a dozen shots had been fired, I saw Murray go up to the House, Gardiner and I followed him when I saw Crawford and Binns  laay wounded on the Ground; Mr Taylor two of his sons, and servants were there with arms.

Gardiner, Murray and my self delivered the knapsacks which the Bushrangers had forced us to carry to Mr Taylors, one of Mr Taylor’s sons was wounded and one of his servants killed. I have not seen the native girl since the firing began.

James X Wilson

his mark

????

Crawford vs others

29^th July 1824

p73

The information on oath of John Smith who saith, I am one of Mr Archer’s assigned servants and employed as a shepherd and take charge of a flock of sheep in company with John Wolverton  and Samuel Antill who are both assigned servants of Mr Archer, the Hut where we reside is under the Hummocky Hills, and near the Macquarie River. On Friday last the 16^th of July inst. about seven o clock in the evening I returned  to the Hut, having been with the sheep all day – the Door was shut, I called to those within to open it – a strange man opened the Door and pointed a musket towards me – he asked me who I was, I replied that I was one of the Shepherds – he allowed me to go into the Hut and there I found John Wolverton and Samuel Antill my fellow shepherds,   a shepherd belonging to Mr Simpson who has charge of a flock of sheep on the eastern side of the Macquarie River, and Five strange men – two of these strange men were standing up, each with a musket in his hand – the other three were lying down – one of the men who was called Charles asked me whether I would go with them into the Bush to guide them – I said I had been walking all day and was not able – he insisted upon my going with

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them and ordered me to go out of the hut – a large man who was called Jem, and who is much pockpitted ordered me to go to the River – I went down to the Banks of the River and he then told me to go in – I said the river was not fordable – and he then asked me if I knew of any hill near at hand where they could sleep at night – I took them to some hills about half a mile from the Hut and there they laid down – shortly  after we heard a horse coming by and the Bushrangers said that some of the shepherds had been giving an alarm and had got a party and they immediately jumped up and took up their arms – the horseman galloped off in another direction as hard as he could go – the Bushrangers ordered me to  go from them up the Hill, I took them half a mile further and there the man who was wounded and who was called by the others Jerry wished to lie down and there we stopped until break of day without lighting a fire – as soon as we could see, the large pock pitted Irish man ordered me to proceed in the direction of the Eastern Mountains we went on until we came to the edge of the forest and there we stopped and east some pork and some bread which they had taken from my master’s Hut – we then went on until we came to a Bark hut in the Black snake Forest  and as it was raining very hard they determined upon stopping there all that day and the following night – here they lighted

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a fire and put bark all around it to conceal the light and remained all night. The next morning (Sunday) we again started and I was ordered to take them the nearest road I could to the Black Snake Banks, and about eleven o clock in the forenoon I too kthem out upon the Derwent Road, and did not know where I was – they ordered me at first to take them to the parson’s stock hut – I said I did not know where it was – they then desired me to take them to Gibson’s Stock Hut, I said I did not know the road to it – -upon this they got very much dissatisfied with me and consulted with one another and I was afraid they were going to shoot me – but just at this moment a man came up and one of the men  called Mathew went to him with his Musket presented and the others then searched  him – They then asked him if he knew the road to Gibson’s Stock Hut, he said he did and they ordered him to shew the way to it – accordingly he did so and they entered the hut and found only one man named William at home; the man who conducted  them to Gibsons Stock Hut was a free man, a servant of Mr Gregson of Jericho – they remained there all night, made Mr Gibson’s man and me cook

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for them, broke all the boxes open in the Hut and took what they pleased and the following morning (that is this morning Monday) they took a quantity of provisions and started about an hour after sunrise taking one of Mr Gibson’s men named Riley to carry the load – They ordered me and the other man not to leave Gibson’s Hut for an hour after they left it – after I had been there an hour I can away and made for my master’s stock farm – there I was ordered to come immediately down to my master – but before I did so I sent in a party of soldiers who I understood were on the Western Side of the Macquarie River, that the Bushrangers had this morning robbed Mr Gibson’s Hut on the South Esk – The man called Jem had a bayonet when he left my master’s stock hut under the Hummocky? Hills, with which he told me he had stabbed one of Mr Taylor’s men – the next morning he had not? the bayonet, and said he had lost it when the man on horseback alarmed then overnight – the man who was wounded would not carry his Gun and left it where we slept the first night I think I can find it.

Sworn before me at Woolmers

Thos. 19^th July 1824

Thos Archer JP

PA Mulgrave JP

Jno X Smiths mark

p77

Van Diemens’s Land

To Wit

The information of Francis Murray who saith I am Free by Servitude and am employed building a Hut and stockyard at Break of Day Plains on a farm belonging to Mr Glover of Hobart Town on Wednesday evening the 14^th day of July. I was returning from Mr Mackey’s house with an axe and a Tomahawk to my Hut, I saw five armed men standing near the Hut, one of them called to me and bade me stop, presented a musket towards my breast, and asked me what I had got in my hands, I told him an axe and a tomahawk, which he took from me and ordered me into the Hut . I threw aside from my belt a pair of unloaded pistols without being perceived by any of them, one of them immediately espied a pouch with ammunition around my body and took it from me, at the same time demanded my arms I told them I had got no firearms either on my person or about my dwelling, one of them presented a pistol to my head, said if you do not tell me where the pistols are that were in that Belt I will blow your brains out

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I still said I had neither pistols nor any such weapons, another of the Banditti went out of the Hut said if I find the pistols I will blow your brains out, he shortly after returned with my pistols cocked, one of them presented it and endeavoured to fire it at me, fortunately it was  not loaded; one of them then said if you was not an old man we would shoot you, we will tie you up and give you an hour’s flogging they then ate some meat which had been cooked /by some stockkeepers they had brought with them/ after which they loaded me with a knapsack told me to take them to Mr Gibson’s stockyard and they would give me a pound in money and would liberate me, or if I failed to obey that order, they would take away my life for throwing away the pistols.

We all left the Hut there were seven armed men three or four stockkeepers a boy belonging to widow Smith’s Hut, a native Girl, and myself.

I directed the way towards Mr Mackey’s House where I knew preparations had been made for their reception by cutting holes through the board of the House for the purpose of firing upon them, but they kept to the right of Mr Mackey’s House

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and continued travelling until about four o clock in the morning when we laid down until day light; this day we went sometimes in one direction, and sometimes in another; about four o clock in the afternoon we saw Mr Taylor with some sheep, we then halted and two of the Bushrangers were dispatched with arms to take him, and he was shortly after brought to us – after some questions being put to Mr Taylor about the soldiers, they loaded him with a knapsack and a kettle, telling him if they should find any soldiers at his House they would blow his brains out; we arrived at Mr Taylor’s at the close of the evening, Mr Taylor told them he would give them any thing he had in his house, and entreated them to take no lives.

Two or three armed men came from Mr Taylor’s House and the Bushranger’s immediately fired at them, Mr Taylor hove the knapsack from his shoulders and ran towards his own people, a general scuffle or engagement ensued. I hove off my knapsack seized hold of Binns who was knocked  down by the firing of his own musket and tied and also bound his arms with a piece of cord. Crawford  who fell from a shot from Taylor’s party I picked up a watch which had

p80

fallen from one of the Banditti, also one of my own pistols which had been dropped form the Hand of Binns. I saw a man who I was told was Mr Taylor’s carpenter, after he had been stabbed. Mr Taylor’s son was shot accidentally, I believe by his brother; five of the banditti fled with their arms into the Bush; I remained at Mr Taylor’s until Saturday morning when in company with District Constables Powell and Lawson I came to Launceston with Crawford and Binns, who were delivered on the 18^th instant One of the men from Mrs Smiths was named James Wilson the other Matthew Gardiner. I do no know what were the names of the Bushrangers who escaped from Mr Taylors. There was only one man amongst them who had a Bayonet he fixed it to his musket as he approached Mr Taylor’s House, Crawford appeared to be the leader of the party.

Francis X Murray

his mark

Taken before me at Launceston this twenty second day of July 1824

PA Mulgrave

p81 (Bushrangers  Sept 1824 – in pencil)

Clarendon

27^th Sept 1824

Hr Sir

I forward the enclosed information for your perusal.

Please send out a County Constable  armed as quick as possible to accompany John Isacks one of Mr Cotterals men,  who has volunteered to go in pursuit of the fellow that has committed the robbery in haste

I remain

Yours truly

James Cox (signed)

ps: I have sent Green to jail, the constable can be victualled here, I servant?  delay Cox

p82

On H Majesty’s Service

PA Mulgrave Esq

JP

p83

James Laughlin free who being first duly sworn saith, that I live at Mr Anthony Cotterell’s on Sunday? last I was assisting John Green with the cattle we came home in the afternoon and hot something to eat  and went out again my master was not at Home, It was about sunset when we came Home with cattle after settling them ??? we went to the House my brother? William was in the House he told me and Green that a Bushranger had robbed the House and taken Mr Cotterell and John Isacks away with him. I saw the case? had been broken and some ???? shift? what remained – the bottom of the case we put into a bottle a larger chest which my master keeps his clothes was broken open. I said I ?????? we had better report it, and I offered to go to Capt Barclay’s  Stock yard distance about  half a mile. Green said it was no one for that they (meaning the Bushrangers and my master) were

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gone that way and that Parsons Carptr and ? shepherd would take him as no person was in? of the robbery that night I got then? home early next morning and told Williams to go tell Mr Massey of the robbery

James X Laughlin

his mark

Sworn  before me this 24^th Sept 1824

(who ?) Cox?

p85

Cornwall

To Wit

Clarendon 27^th Sept. 1824

The information of John  Isacks a prisoner in the employ of Mr Anthony Cotterall being duly sworn saith that Saturday afternoon about 3 o clock I was at work at the end of my masters house (for which I had been left in charge of while my  master was out) and on going round the corner towards the door a man mett me with a musket in his hand he called to me to stop or he would blow my brains out, the then ordered me to go into the House I did so and he followed me in her ordered me to sitt down on a chest in the outward room threatening to blow my brains out, he then went to the inner room searched it and took a variety of things which he threw in a heap and afterwards tied up in a bundle, he then came to the room where I was sitting took a axe from the side of the door and broke

p86

open a chest I saw him take out several pairs of trowsers (some were my masters and some slop trowsers) also a cannister of powder and some other small articles, when he was in the inner room I heard him cutting some things like ripping down a mattress and afterwards found that three hold had been cut through the sacking of the sofa to pull at the ?? underneath, he also asked for fire arms he took my master’s fowling piece and pistol from the inner room a powder horn also about twenty pounds of sugar he broke open a tin case containing pher?? He took out two bottle, and place one of the table and drank some with some milk, after he had searched the House and taken  what he liked he tied them up in three bundles saying I must carry them for  him, at this time I heard a Horse coming towards the House and supposed it to be my master, the man that robbed the House as soon as he saw Mr Cotteral coming came out of the door with the musket

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in his hand and stopped him just in front of the house he threatened to blow his brains out if he did not deliver – he then searched my master and took his watch from him, made him enter the House ordered him to take up one of the bundles and me the other two bundles, we went forward, and he followed us with his arms. I said I would carry the three bundles if he would let my master remain at home he said no, that he should not take us far as his mates was not far off. He kept us with him the whole of the night and until about seven o clock the next morning when he allowed us to return we were distant from home about six miles. The man what robbed the house said he had been watching the House all day and that he knew my master was going to Launceston. I know this man by sight as he came to the Country in the Castlereagh in the same ship with me he comes from England is about 5 ft 7 in high about 26 years of age.

p88

has a swelling under his left jaw, has dark hair and is dark complexioned and am sure? I shall know him again

John X Isacks

his mark

Sworn before me this 27^th Sept 1824

James Cox  JP

p89

Cornwall

To Wit

Clarendon

Sept 27^th 1824

The information of Mr Anthony Cotterall who being first duly sworn saith that on Saturday afternoon last as I returned to my house from Mr Bryans about five o clock in the afternoon a man with a musket in his hand came out of the door and directing it at me desired me to get off my Horse which I did, he then robd me of my watch / a silver hunting watch/ he then ordered me to take up a bundle lying just inside the door of my House and to go on before him he also ordered one of my men name John Isacks to take up two more bundles which where ready tied and he did so the man that robbed the House sett his musket at the present? cocked, and ordered us to walk on before him, we went to a hutt  at the creek that evening /distance about four miles/ and lately occupied by M Leod’s? shepherd/ we remained

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there all night, the next morning yesterday we continued at the creek about a mile and half he then took my cap and waistcoat from me and allowed us to return home, during the night, he untied the bundles keeping a pistol on hand they contained a quantity of  my own wearing apparel and some slops clothing he also stole from the house a fowling piece, shot belt and powder flask a canister of powder two bottles of rum? one pocket pistol sheets and pillow cases and some provisions, two pounds of tea and upwards of twenty pounds of sugar on my return home I found my chest and tin stationary can had been broken open and m y sofa which has three drawers underneath was a hole cut through the bottom to get at each drawer.

When I first got up to the House I did not see any of my people John Isacks the man I left in charge of the House was inside at the time I took up

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the bundle there was a boy also in the house name William Laughlin about 11 years of age I have two other men and a boy they were out after the sheep and cattle but in general these men are at home about dark – the every one named John Green, Thomas Liswick/Beswick? and James Laughlin.

John Isacks has been with me about four months has behaved well and I have no reason whatever to suspect that he connived in any way at the robbery of my House.

Anthy Cottrell (signed)

Sworn before me this 27^th Sept 1824

James Cox JP

p92

Thomas Beswick? assigned servant to Mr Anthony Cotteral says that  on Saturday afternoon last about three o clock I went out to settle the sheep on the reddy? hills gat? home after dark sell?  I saw John Green and James Coughlin in the cattle yard I went to the House  where William Laughlin came to the door and said to me O Tom, O Tom the Bushrangers have been here and robbed the place, I went into the House he shewed me a case with some objects spilt in the bottom of the case he also shewed me a box that had been broken open I saw that the House had evidently been robbed independent of what the boy told me, he further said that the master and Isacks had been marched off with a bundle on their shoulders being a stranger in the neighborhood  I asked Green my fellow servant what was to be done, he said he did not know and seemed to be very much agitated respecting the robbery. I offered to go to Doctor Cannon?  men he

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said it would de of no  use, that they would very likely smash my brains out if I went to ask them for assistance no report was made during the night of this circumstance I told the boy (Coghlan) that one of them had better go early in the morning and inform Mr Bryan and Mr Cox of the robbery I went after my sheep before sun rise  the next morning. The for???? being read. Thomas Beswick? he confirms the same on both and further says on being  ??? that he has no further knowledge of the Person who committed the robbery nor has not any time  seen? any stranger  in that neighbourhood.

Thomas Beswick (signed)

Sworn before me this 27^th Sept 1824

James Cox  JP

(inserted 2 pages held by red plastic paperclip)

p94

To

His Worship H. Mulgrave Esq

Police Magistrate

Launceston

p95

To his worship H. Mulgrave Esqr Police Magistrate of Launcesn.

Sir,

I most respectfully beg leave to address you in writing, to

apologise for a great misfortune that happened me, after the

barer MW Kennerd, had taken the Bushranger Brady at

the hazard of his life, and gave him in my charge, I pinioned

him with a strand of whale line, and in a mannor that I

thought it impossible for him to get loose, but he pretended

to be just at deaths door with his wounds, for he has a ball

in his left breast; and another in his left arm, and lost a

deal of Blood; and the calls of humanity obliged me to use him

tenderly, and give him drink, and lift him up at times, but

I think in my over kindness to a dieing man as I thought;

was the means of his losing the rope, and slipping his arms out

of it, for I only went out of the Hut door to fetch a bit of wood

for the fire as it was just out, and I foolishly left my musket at

the Door, and he jumpt up off the bed and seizd it and head it at

my brest in an instant, and would have shot me had he known

that I was the promoter of his  being shot and taken;

Sir, I most humbly implore that the Barer Kennerd, will not

be left to the censures of the depraved part of our small

community, through his laudable and virtuous endevers to apprehend

a sett of the vilest wretches on earth; as he will surely be

p96

if he is not put beyond it by the indulgence that is held out,

For beleave me Sir, it is in the power of stock-keepers to take

the Bushrangers before any partys if incouraged, but they are

afeard of the ill name. But I am well know to be hostile

to their depredations, and will always do any endevers to take

them.

I have the Honor to be Sir,

Your much obliged, most

obedient and Humble

Servant

Thos. Kenton (signed)

p97

To the Worshipful

Bench of Magistrates

p98

To the worshipful Bench of Magistrates

Your workships,

I most Respectfully beg leave to address you to acquaint you that I am now confined in His Majesty’s Jail without any person having been brought foreward to accuse me of the shadow of an offence; I have been tore from my home and employ and cast into prison on the pretence of a further examination, but I have now been thirteen days confind, without seeing that examination, which appears verey strange to me.

Your workships, I most humbley implore you will take my case into you justice and humanity and cause me to be brought before you, so that I may be discharged or committed for a criminal court.

And your supplicant will ever

have a greatfull acknowledgement

to you as in Duty bound

Thomas Kenton

p99 (Brady Oct 1824 in pencil)

Van Diemen’s Land

To Wit

William Kennard /108/ saith I am an assigned servant to Bartholomew Reardon. I resided at his Stock Hut at St Paul’s Plains on Thursday last the 7^th instant, Thomas Kenton lived at the hut as House Keeper about four o clock Thomas Kenton told me there were two men coming towards the Hut, I looked out and saw two men about one hundred yards apart, coming from different quarters towards it, one of them I knew to be Brady a Bushranger who in company with several others had robbed out Hut, two or three months ago, he had a fowling piece in his hand, the other man was unarmed when Brady got within about fifty yards of the Hut I fired at him through a loop hole, he stumbled dropped his piece and run away.

Thomas Kenton was outside the door at this time, I took up a loaded musket went out desired Kenton to take charge of the unarmed man who was close to the Hut, and went in pursuit of Brady.

p100

when I got within hail of him, I ordered him to stop and threatened to shoot him if he did not. I overtook him about four hundred yards from the Hut, I found I had wounded him in the collarbone and left arm, his wounds were bleeding profusely, he said he could not walk to the Hut, I took him back within forty yards of the Hut, made him sit down and pinioned him with a piece of whale line; he pretended he could not walk into the Hut, the man that was unarmed had his Hands tied whilst I was away/I supposed by Kenton/ I desired Kenton to unloose them and make his assist Kenton to carry Brady into the Hut; they did so, they laid Brady upon the Bed in the Hut and Kenton pinioned the arms of the other man, who said “he was a servant to Mr Gregson of Jericho” and that if he was a Bushranger  he would give himself up to me, I then desired Kenton to take charge of Brady whilst I went to Stains and Troy’s Hut to procure a cart to convey him to Launceston. I left Brady’s fowling piece and two loaded muskets with Kenton and took the unarmed man with me

p101

when I left the Hut Brady was lying upon the Bed, his arms securely pinioned, I went to Stains and Troy’s Hut, desired one of the Stockkeeper’s to take a cart and bullock as soon as possible to Mr Reardon’s Hut. I left the strange man who calls himself Samuel Hite in charge of one of Stains and Troy’s overseers. I returned to Mr Reardon’s Hut about nine o clock same night there was then no Person in the Hut nor any arms; about two hours afterwards Thomas Kenton came there with a soldier named Sutton, Kenton said that from an hour to an hour and a half after I had left the Hut he went out for the purpose of getting some wood, when Brady suddenly jumped

off the bed seized a musket pointed it to his breast and told him to keep out of the Hut, that Brady then took the other musket and his own fowling piece, and said that he would go in search of me and the other Man and that Brady then went towards the Eastern Tier, the Soldier and I went in pursuit of Brady at day light the next morning but could not find him.

William Kennard (signed, curly)

Taken before me at Launceston this 11^th day of October 1824

PA Mulgrave

p102

[/code]

p103

The examination of Samuel Hite who saith I am an assigned servant to Mr Gregson of Jericho, a fortnight ago last Wednesday I was near to Lemon Springs for my masters sheep about eleven o clock in the morning I saw a man within ten yards of me with a fowling piece in his right hand and a pistol in his left, he pointed the fowling piece at me with one hand still holding the pistol in the other told me to stand and if I did not he would blow my brains out he enquired if I had any arms about me, the same man with six other armed men between two or three months before took me away from Fourteen Tree Plains where I was tending my masters sheep and kept me with them until we crossed the Macquarie River, his companions called him Brady, after I told him I had arms, he said he had forgotten the way to Ross Bridge and I must shew him, we went between the High Road and Captain Blyth’s Farm a little to the left of the New Road and got to the Hut where Pitt did live about dusk, when we went

p104

into the New Road and continued upon it as far as it went when we got near Mr Kimberly’s Hut at Antill Ponds we went into the tier at the back of the Hut and from

thence to Salt Pan Plains where we stopped that night under the Tier * when we got to the place where we stopped all night Brady took my Handkerchief off my neck and tied my hands behind me. A dog I had with me caught a kangaroo the next morning which we cooked and ate, neither Brady or I had any other provisions with us we stopped there the whole of the day. Brady untied my Hands when the kangaroo was caught and made me skin it, he dressed it by broiling it upon the fire he cut pieces off and threw them upon the fire, he gave me some of it to eat that evening after dusk we went upon the Road towards Ross Bridge and crossed the River at the Old Ford above the Bridge, we got to Mr Horne’s stock Hut the next morning soon after day break, two of Mr Horne’s men were there cooking Breakfast they gave us some mutton tea and damper for Breakfast, we stopped half an hour at the Hut when we went into the Eastern Tier at the back of the hut, we took

p105

of Mr Horne’s provisions with us we went into the Tier about ten miles where we stopped that night he again tied my hands we set off to the eastward the next morning, my Bitch caught a kangaroo about nine o clock. I skinned it and cooked it we walked about twelve hours that day, the road was very bad I cannot say how far we went that night, we cooked apart of the kangaroo that my Bitch had caught in the morning the next day we caught another kangaroo, I do not  know how far we travelled we kept in the Tier and lived upon kangaroo until the day we went to Mr Reardon’s Hut I had escaped from Brady four days before we met at Mr Reardon’s hut in a Marsh whilst my dog was running after a kangaroo, I did not perceive that Brady was approaching Mr Reardon’s Hut when I went up to it, nor did I knew where I was.

Samuel X Hite

His Mark

Taken before me at Launceston this eleventh day of October 1824

I got there about four o clock

[bottom of page is cut off here for about 9 words)

p106

……..in the hut until I heard the report of a Gun, I then went towards the  Hut and saw a man running from it, I did not know who it was I was 150 yards from him, Kennard and Kenton were at the door of the Hut, Kennard had a musket, he asked me who I was, I told him Mr Gregson’s shepherd, he said I was a Bushranger or reported as one, I  said I was not one and would myself up to him; he told   Kenton  to take me in charge and tie my hands, he did so, Kennerd ran after the man I saw go from the Hut, overtook him and brought him back – it was Brady – I saw blood running down his arm, he said he was sounded in the Breast and that his arm was broke – Kenton tied Brady’s arms, Kennard picked up a fowling piece, he said it was Brady’s, Kennard desired Kenton to untie my arms and help me carry Brady into the Hut, we laid him upon a Bed, Kenton gave him some milk, Kennard took me to Stynes and Troy’s

p107

Hut, Brady then laid upon the Bed in Reardon’s Hut, his arms tied with a Rope; there were two muskets and a fowling piece left there with Kenton, Kennard laded one of them before he took me away : Kennard left me in charge of Styne’s and Troy’s men that evening at their Hut, he went away, soon afterwards Kenton came there and said Brady had got away from him, and taken two muskets,  his own fowling piece, Kenton’s jacket, powder horn  and all the dogs from Reardon’s Hut; the next day I was brought to Launceston by a soldier.

Samuel X Hite

his mark

p108

Capture and escape of Brady – in pencil

p109

of manual labour

sentence

Twenty five lashes and returned to his master’s employ

Launceston April 19^th 1824  PAM  ESQ

William Stevens Free Caledonia

Charged with being drunk and disorderly on the streets on Saturday night last

Plea guilty

sentence

to pay  5/-  to police funds

William Patterson Free Andromeda

Charged with being drunk and disorderly on the streets on Saturday night last

Plea guilty

sentence

to pay  5/-  to police funds

Launceston April 20^th 1824 PAM Esq

John Robinson PM P Regent 7 years

Charged with being drunk and disorderly on the streets yesterday

Plea guilty

sentence

25 lashes

Martin Edward Castle Forbes 7 years

Sworn in constable and watchman of the Government store at Mr McQueens

William Gray  Mariner Cockburn 7 years

Charged with conveying two gallon of rum from the House of Mr Towers of Launceston on the Road toward Norfolk Plains

Plea Guilty

Sentence by PA Mulgrave  and JC Simpson Esquire

to forfeit the rum and the cask containing the same…

p110

Launceston April 22^nd 1824  Present  PAM and JCS Esqrs

Charles William Free an indentured apprentice to Connor Rourke

Charged with absconding from his masters service.

Charles Williams admits having left his masters Services.

John Austin sworn saith some time before Christmas last Connor Rourke and his apprentice Charles Williams had lived in my House in Launceston for some time Conner Rourke then went away. I believe to Norfolk Plains and left his said apprentice at my House for upwards of three weeks without enquiring after, or making any provision for him during that time.

Signed John Austin

Conner Rourke  states that William Shaw and George Lucas applied at John Austins house for the said Charles Williams during the three weeks above aluded to. I therefore call for them to give evidence.

The information of George Lucas Richard Kenny and William Flint being read and confirmed.

Decision

Charles Williams is severely reprimanded and order to return to his master.

p111

Thomas Archer esq

Thomas Robjant Hastings Kangaroo life

holding a Ticket of Leave

Charged with contempt of court on Saturday last

Remanded for further examination

Police Office July 6^th JCS and PAM Esq

James Bateman Somersetshire 14 yrs

Holding a Ticket of Leave

Charged with using abusive language to John McCarthy on the 18^th June

and abraiding him with having taken Bushrangers

Plea Not Guilty

The information of John McCarthy being read and confirmed

Reprimanded and ordered to remain in Launceston

PAM and DMLd Esq

James Holman Malabar  14 years

Charged with having a Gold Watch in his possession knowing it to be stolen

Please Not Guilty

Mr Thomas Manning sworn saith I keep a public House in Launceston about eight weeks ago John Thomas came to my house, broke a number of Glasses and a chair, I insisted on his paying the damage he had done John Thomas asked Holman for money he refused to let him have any without security

p112

John Thomas then handed him a watch apparently gold and Holman lent him five pounds

Signed Thomas Manning

Acquitted

p113

Abraham Moses  Ly Castlereagh  7 years

Charged by Mr Henry batman with abusing and challenging him to fight in the street on Saturday last the 3^rd instant

Plea  Not Guilty

The information of Mr Batman being read he now confirms the same and in answer to a question put by Abraham Moses  says I did not threaten him, I did not offer to fight him/

Mr James Parish being sworn saith I was in the house of Mr Henry Batman, one of the greatest rascals in the settlement and challenged him to fight.

I did not hear Mr Batman give any provocation, Moses challenged Mr Batman to fight him two or three times, I saw Moses through the window standing on the path near the gate.

Signed James Parish

A Moses is ordered to find sureties of the peace for six months and to pay the expenses of the prosecution.

p114

[small page  – 15 x 20 cm] Oct 1824 in blue wax pencil

The estate of the late Edward Cox

To William Fenton Dr

1822

To Herding cattle from 8^th October to 17^th December

inclusive 70 days at 5/- per day

£ .s .d

17.10.5

To Herding cattle after Cox’s death from 18^th December to the 15^th April 1823 118 days at 3/- per day

£ .s .d

29.10.0

£47.0.0

p115

To the worshshipful Bench of Magistrates assembled

at Launceston to keep the Peace & c &c in and for the County of Cornwall in Van Diemen’s Land

October 1824

The humble petition of William Fenton Respectfuly Sheweth

That Your Petitioner was employed by the late Edward Cox to herd his cattle from the 8^th day of October until the 17^th day of Decr 1822 incl.

That the said Edward Cox committing suicide after an act of felony, the crown took possession of his property, and your Petitioner was employed after his decease on the Part of the crown, to herd the same cattle (before in his charge late belonging to the deceased) until they were disposed of my Auction on the 15^th day of April following as appears by the Printed copy of the advertizement annexed.

Your Petitioner begs to annex hereto his account against the Estate and to state that he had been a long time and is not in Confinement through the non payment of his Demand against Cox’s estate.

p116

Your Petitioner therefore humbly Prays that the Worhshipful Bench will take hi case into immediate consideration that he may be enabled to extricate himself form the horrors of confinement, and Pay his Detaining Creditors the Amount of his Demand.

And your Petitioner in Duty bound will ever Pray &c &c

Witness Geo Aylwin

Launceston

William X Fenton

his Mark

(blank) day of October 1824

p117

October sittings

Memorial to the Worshipful

Bench of Magistrates for the county of Cornwall by William Fenton praying &c

Oct 1824

p118

Launceston 5^th Feby 1825

Present

Thomas Archer, T.C. Simpson and P.A. Mulgrave Esquires J.P.

William Kelsall, charged with stealing four pounds of flour from the house of Serjeant Patrick Kirwin of the 3^rd Regt or Buffs at George Town of the value of one shilling, on the morning of the 17^th January last, the said flour being the property of Serjt Kirwin

Plea  NOT GUILTY

The information of Serjt Kirwin read he confirms the same and further saith the value of the flour was one shilling

Mark Wilson chief District Constable at George Town sworn saith on the 17^th Jany last Serjeant Kirwin sent for me to go to his House, he told me Kelsall had robbed him of four pounds of flour, Serjeant Kirwin shewed me a handkerchief with flour in it, he weighed it in my presence and it proved

p119

to be four pounds, the handkerchief and the flour contained in it was the same that I saw Serjeant Kirwin wight on the morning of the 17^th January last; the prisoner Kelsall requested me to speak to Serjt Kirwin to forgive him, he also yesterday as I was taking him to the jail at Launceston begged of me to make it as easy as I could for him.

Signed  Mark X Wilson

his mark

Mary Orchard sworn saith one morning about a month ago Serjeant Kirwin came to the hut where I live at George Town, he looked round for an iron pot which he found and took something out, he held it up and said here is my flour, he shut the door and then went away , this is all I know about it, the iron pot was mine and had been lent to Kelsall; Kelsall never asked me to make a pudding for Serjeant Kirwin.

Signed Mary X Orchard

her mark

William Kensall in his defence says that he took the flour from the house of Serjeant Kirwin with

p120

a view to ask Mrs Orchard to make a pudding for Serjeant Kirwin’s use.

Decisions

The Prisoner William Kelsall is committed to take his trial before the Supreme Court of Criminal Jurisdiction

A true copy from the Bench Record

Robert Wales (signed)

Alt to the Bench

p121

William Kelsal

5 Feby 1825

p122 (Jan 25 in pencil) (paper – watermark –  curly text and 1818)

Van Diemens  Land

To Wit

To Chief Constable Lawson and for either of the Petty Constables of the county of Cornwall in the said Land.

You are hereby commanded to apprehend George Proctor/free

charged with absconding form the Service of Mr Samuel Spode

and bring him before me to be dealt with according to Law for which this shall be to you and each of you a sufficient warrant and authority Herein fail you not as you shall answer the contrary at your peril.

Given under my Hand and Seal at Launceston this first day of January one thousand eight hundred and twenty five

PA Mulgrave JP

p123

The information and complaint of Samuel Spode of Macquarie Plains in the County of Buckinghamshire who being sworn saith that George Proctor a fired servant to him/the said Samuel Spode/ under and by virtue of a certain Agreement in writing for his the said George Proctor’s servitude for the space of five years did about twenty months ago abscond from this complainant’s employ, for which absconding and for other charges preferred against him the said George Proctor was apprehended and taken before Adolarious William Henry Humphrey Esquire Superintendent of Police at Hobart Town aforesaid and was by the said Magistrate committed for the period of one month to His Majesty’s Gaol at Hobart Town aforesaid and was directed by the said Magistrate at the Expiration of the said period of one month to return to his said Master’s service but the said George Proctor immediately on being released from Gaol did not so return to his said Master’s Service as he was ordered and hath now been wholly absent for a very long period and is now /as this complainant is informed and verily believes/ in the Employ of one William Able at a certain place commonly called or know by the name or description of the Sugar Loaf at the back of Simpson’s Farm in the district of Lennox and County of Cornwall. This complainant therefore craves that a warrant may be forthwith issued to apprehend the said George Proctor that he may be further dealt with according to law.

Sworn before me this Thirty first day of December 1824 at Launceston

PA Mulgrave JP

J am Spode

p124

Spode v Proctor

Spode gave Proctor a release on the 8^th of January 1825

p125 (first of 9 x page sides of short hand)

information v King v Austin

5 x lines shorthand

20 x lines shorthand  incl:

James

James King

John Austin

JK

Jk

p126

20 x lines shorthand incl:

7’ o clock pm

John Austin

James King

John Snailhouse

5 x lines shorthand incl:

James King

p127

6.3 x lines shorthand incl:

Joseph King

J Besham

J Gildas

28^th July at George Town

George Mason Countess of Hereford? Life

John Perry  Commodore Hayes  Life

Edward Gadesby Phoenix  7yr

2 x lines shorthand incl:

Thos. Binks

Please not guilty

9 x lines shorthand incl:

Thomas Banks

Mason

Gadesby

The prisoners deny the charge.

25 lashes (shorthand) Gadesby

John Perry shorthand x 7 symbols

Mason Henry shorthand x 7 symbols

Gadesby shorthand x 7 symbols

p128

John May Asia  7  1820 + 1 shorthand symbols

Henry Bridge Almorah 7  1818, 1820 + 3 shorthand symbols

John Mason Lola?  7  + 2 shorthand symbols

Charles Berry Juliana + 1 shorthand symbols

+ 21 lines of shorthand symbols incl:

Joseph Parker

Watts

J Holmes

Joseph Watts + 12 lines  of shorthand symbols incl:

B May, J Berry

May

Mc Kergan

Charles McKergan + 7 lines of shorthand symbols incl:

Mason

Holmes

Thos Spyson

Watts

Banks

May

p129…..continued

+ 9 lines of shorthand symbols

Thos Banks + 9 lines of shorthand symbols incl:

May

May

May

Mark Wilson + 8 lines of shorthand symbols incl:

May

Mason

Parker

Thomas Bok + 7 lines of shorthand symbols incl:

48^th Regt

morden

W Mahony

Joseph Brown

James Murphy

Wilson

p130

James Longhurst + 10 lines of shorthand symbols incl:

Joseph parker

C Berry

Mason

May

Berry

Wm  K MCign + 2 lines of shorthand symbols

George Lonsdall Gooch + 4 lines of shorthand symbols incl:

Joseph Parker

Jane Gosling, Dromedary, free

charged by John Thompson as. to Captn James with striking him this day.

Charge admitted

Prisoner returned to the service of Govt

27^th July

p131

James Murphy Castle Forbes  7  July 1818  PWED?

27^th July

+ 2 lines of shorthand symbols

Edward Rudge + 10 lines of shorthand symbols

Samuel Blake

+ 8  lines of shorthand symbols   incl:

Joseph Watts

Blake

James Murphy

+ 8 lines of shorthand symbols   incl:

Mr Pryce?

James Dunn

N Ronds

p132

Richard Blake

+ 4  lines of shorthand symbols

Samuel Blake

+ 9 lines of shorthand symbols

p133

Ann Rudge

+ 32 lines of shorthand symbols  incl:

Easter

Rudge

Blake

Joseph Parker

28^th July 1825

p134

Proceedings at George Town

27^th 28^th 29^th

July 1825

5 x shorthand words

(short hand – in pencil)

p135 (Feb 1825 in pencil)

The information of John Prosser Corporal in his Majesty’s 3^rd Regiment who saith Yesterday Morning the first instant I was in pursuit of Bushrangers in company with another soldier and a Constable called Joseph Whitney about ten’ o clock, when we went up to a Hut where Mr Lawrence’s Splitter resides, before we got to the entrance of the Hut John Chadwick came out with a Bayonet in his hands, Thomas Little my Comrade immediately took him in his custody, we went into the Hut where we saw two Men who said they were Mr Lawrence’s servants that they had just come to the Huts and found a man with a Bayonet in his hand witting upon a Box in the Hut, that they did not know who he was and that he had had nothing to ear in the Hut before he was taken into custody.

I suspected  that Chadwick had been in possession of a musket and questioned the splitters about

p136

it, they both denied having seen any fire arms with Chadwick, Chadwick said that he had had a Fowling Piece which had bursted?? as he was firing at the natives and that he afterwards hove it into the river at Brumby’s bend the he said he did on Sunday last at the time he saw me and was in expectation of being taken.

Brofsw (signed)

Sworn before me at Launceston this fifth of February 1825

Thos Archer JP (signed)

H Simpson JP (signed)

PA Mulgrave JP (signed)

p137 (Bench  bushrangers in pencil)

Corporal Prosser

vs

John Chadwick

feby 5 1825

p138

The information of Christopher Rowe who being sworn saith about one o clock on Saturday last I was at an auction opposite the House occupied by Mr Whitchurch the auctioneer I purchased a shaving box of Mr Whitchurch it was delivered to me and paid for I also bought four wine for three pounds then shillings, the Reverend Mr Youl bid three pounds five shillings for them I immediately after bid three pounds ten shillings for them, my bid was excepted and the swine knocked down to me at that price, this morning I offered Mr Whitchurch fourteen Spanish dollars in payment for the said swine he refused to take the money and said they were not knocked down to my bidding and in consequence refused to deliver me the swine. I therefore pray that justice may be done.

Christopher Rowe

Sworn before me at Launceston this 25^th day of April 1825

H Simpson

p139(rev Youl in Pencil)

Rowe v Whitchurch

decided April 26^th

^{mary ann jubb footnote [ii]}

p140

Cornwall

Van Diemens Land

To Wit

The information of Mary Ann Jubb who being sworn saith early in the month of March 1825 the 1^st or 2^nd day of that month I went to the House of Mr Kenworthy in Launceston Dr Priest resided there, Mary Taylor was with me, it was between nine and ten o clock at Night, I went for medicine for my mother, Taylor went into the room on the right hand side of the passage and sat down, Dr Priest took me into the room opposite without saying a word to me and threw me upon the Bed, he shut the Bed Room Door, but not the Door of the room

p141

where Taylor sat – I told Dr Priest to leave me alone or I would tell my Father, he said “I will not” I again told him he had better leave me alone or I would tell my Father, Dr Priest put the Blanket into my Mouth pulled up my cloths, took hold of my two knees, and I cried out “leave me alone” so loud that People might have heard me in the Street, he held my hands in one of his, he then came between my legs by pulling of them open, he put his privates against mine, I told him to leave me alone again, he said he would not, his privates hurt me, they were in mine, I felt something came from him, I do not know what it was like, he remained upon

p142

me five minutes, I cried out all the time, I told him he hurt me he said he did not, I cried out very loud Mary Taylor must have heard me, no person man or Boy ever put their his private parts to mine before, Dr Priest took my Maidenshead then, he never asked me to call upon him before or afterwards, he did not give me any money, there was not candle in the Bed Room, immediately he buttoned up his Trowsers he let me out of the Room into the passage, and called Mrs Taylor out of the next Room, gave her a note to take to Mr Hughes at the Hospital, Dr Priest did not say a word to me when

p143

he got off me, he opened the Door and I met Mary Taylor in the passage, I saw no wine that evening, it was the first time Dr Priest did any thing to me, it was a chas?, dry moonlight night, I never slept in a Bed with a Boy or a Man before, no Boy or Man ever had any connection with my before, Dr Priest gave me nothing that night nor promised to give me any thing, he called to Mary Taylor before he opened the Bed Room Door, but said nothing to her afterwards, she drank nothing in my presence, I saw not glasses or bottles on the Table of the Sitting Room, I went away with Mary Taylor immediately Dr Priest let me out of

p144

the Bed Room, and went with her to the Hospital, we said nothing to each other on the road, she only told me to mind the Dogs in the Barracks, I saw Mr Hughes Ann Wilson and Emma Connor at the Hospital, Hughes went out of the room, it was on a Sunday evening, Connor and Watson asked me how my mother was, I did not go into the room where they were; I went home with Taylor where Hughes brought me some Medicine, I did not sit down from the Time I left my mother’s house until I returned I laid down on the sofa by the side of my mother when I got home, I slept that night with my two Brothers, I had slept with my

p145

two brothers for a fortnight before, I never mentioned to any one what Dr Priest did to me that night until I mentioned it to my Father three months ago – I never knew Louisa Peckham who lives with Baker until within these six months.

I never had had any connection with any Man or Boy except Dr Priest.

I know Mr Bartly the Under Sheriff by sight, I never spoke to him but once that was to ask him to let my Father come out of Gaol to see my Mother who was there dead before she was buried, I never saw Mr Bartley at Mr Berry’s?.

I never was at Mr Barne’s Brew House or House but once, I was never there

p146

with Louisa Packham, I went to Mr Barny’s? once for yeast, I never entered any Building on his Premises, I only went to the Door I complained to Mrs Waddell on the Monday after Dr Priest had so used me, of what he had done, I told her all he had done – and she said he ought to be ashamed of himself, I cried all the way I went home that evening and when I was at the hospital – neither Mary Taylor, Hughes or the Woman at the Hospital asked me why I cried – My mother then lived in a House belonging to William Titmouse she had lived there six months and before she came there lived at a

p147

House belonging to Joseph Shaw.

Mary Ann X Jubb

her mark

Sworn  before me at Launceston this fourth day of March 1826

W Balfour JP

PA Mulgrave JP

The information of Mr Theodore Bartley who saith I know Mary Ann Jubb, in the latter end of the year 1824 or in the Month of January 1825 a Girl named Louisa Packham told me that Mary Ann Jubb would meet me if I chose mary Ann Jubb and Louisa Packham came to Mr Barne’s Brewery one Evening soon afterwards where I there was, it was

p148

dusk on that evening, Mary Ann Jubb went with me into the Wash House where I had carnal knowledge of her by her own consent, I gave her some Dollars – in a few days I had again carnal knowledge of her at Mr Barne’s and in the Swamp – this wqs prior to February 1825

Theodore Bryant Bartley (signed)

Sworn before me at Launceston this fourth day of March 1826

M Balfour JP

PA Mulgrave JP

p149

Mary Ann Jubb v Theosophilus Barclay

4^th march 1826

informations on? Dr Priest

p150

That a short time before the Death of her mother, Dr Priest directed her to call at his House and he would give her the key of the Dispensary and a Prescription to Hughes for some Medicine that she accordingly went accompanyed by a woman named Mary Taylor they knocked at the Door and Priest open’d it, he desired Mary Taylor to sit down, he in a short time gave her a note to take to Hughes, on her he drag’d her into his Bed Room and Lock’d the Door saying you shall now gratify my desire, on her refusal he caught her in his arms and thrust her on the bed, she cry out and he stopd her mouth with a Blanket and held her down, took up her Petticoats and what follw’d decency prevents

p151

me repeating he left her, Lock’d up until the return of the women and then released her.

That some time after her Discharge from the Hospital the wife of a Constable “vulgarly call’d Long Tom” decoyed her to his House in the brick Fields for the purpose of selling her a cap, that when she Enter’d Priest was behind the Door who lay’d hold of her and threw her upon the Bed swearing if she dare to resist his desire he would furnished her Father with his Bill and Keep him in Gaol for his Life, what follow’d I not relate, on leaving her he ordered the Woman to keep me lock’d until he got a distance form the House –

That in about  a month after she was decoy’d to same House, where she again found Priest who told her he would on the following morning post

p152

her Cattle for sale if she refused to comply – that was in a short time taken very ill but knew not the cause until a Female explained to her, the nature of her disorder, that she met Priest in the Street and told him of it but obtained no satisfaction.

The above is simply the Heads of her report to me, with many other circumstances I have derived from an other quarter which would leave no doubt on the part of your Honor were you to hear them but I fear I have intruded on you patience too long already, I am of opinion his motive for not relieving her, was that she should go into the Hospital under those circumstances that the publick should suffer it a publick cause and I with the publick remained in Ignorance, I am also of opinion he is not aware of the Danger he stands in.

I have the Honr to be Sir your O H Servant

Geo Jubb

To William Balfour Esq

Col Commmr

&c &c &c

p153

To William Balfour Esquire

Colonel Commandant

Sir,

The Honor you pay’d me by your personal visit to me, on Wednesday last, will ever be Entitled to my warmest thanks; the feelings you display’d to me on the occasion, requires from me my confidence and open avowal of Facts as related to me, “which I enclose herewith”

No part of kindness was on your part lost upon me, I have wight’d everything with Reason and Justice, both for me Child, myself, and him also your observation that she might of Exaggerated and told me some Untruths, I have given him every chance to disprove but no proof form him, to contradict, what I charge him with, and an a presumptive proof, he has none, he wishes that Contradiction, to appear in my own hand writing, Honor’d Sir, the plain short and simple story, she tells to me, Leave very slight Grounds, for contradiction, on his part, with respect to his saying he never Injured her; my own Eyes have seen the Injury she labours under, and him she accuses as the Cause, but I should of suppos’d the Frocicbly depriving her of her virginity would have sufficient weight with me, when inform’d of it without any  secondary attempt

p154

on this part and no deviation, on the part of my Child from her first report to me, gives me great hopes “so far as confidence” in her relation, I beg leave to make one observation which may cause your Honor to entertain a more favourable opinion of her that you otherwise might of done, she has not a stitch of cloathes but what I can account for, how she obtained them, I have also sold my own Cloathes to get shoes for her  “but Launceston you will always find speaks well of no one” I shall now take the Liberty to inform you by what means this business came to my knowledge; on the 4^th or 5^th of January a Person reported to me the situation my daughter was in, I sent for her, and she at first refused, to inform me when or by whom she came in that situation but on finding me determined, she at length acknowledged the whole Transaction “Vide” the Enclosed.

Now Hon Sir, I leave you to judge for yourself and me, Gratitude compels me to acknowledge many Favors from him amongst others. Twice, he has sav’d her Life, but for what purposes to Brand her with Everlasting Shame, and bring nothing but Death can Alleviate, I fear my Fortitude will not be Proof against the Shock

p155

I have Received, she was and still is Dear to me, admitting he could of Induced? her Character since any Inter??? with his, “which I hope he cannot” that would not exonerate him, all Crimes have their origin, but his of a Nature too Black to Conceal, I have long stared Misery and Poverty in the Face, with a smile but this I cannot meet;

On your persusal of this Broken Sketch “which you will please to allow for my present state of mind” your Honor would be please to give me your kind opinion I shall ever esteem the same on addition to your Kind and Benevolent Intentions towards me;-

at the time I conclude this painfull letter my Child is unable to come to me from the Effects of that Injury I have before spoken of.

I have the Honor to subscribe yourself Sir your most Obedient very Humble Servants

George Jubb (signed)

H.M. Gaol

Launceston

18^th Feb 1826

PS.  Sir I have used every exertion since you spoke to me in finding out anything favourable on his part but cannot, many other circumstances have come to my knowledge within these three days which now leaves me without a doubt.

p156

William Balfour Esquire

Colonel Commandant

George Jubb to Lt Colonel Balfour

18 May 1826

Dr Priest

p157

Launceston April 1825

Agreement between John Mc Carty and W Phillips Esq

John Mc Carty to Thrash £200 two hundred bushesl of what for /8/ Eight pence per Bushel Cummey? for Wm Phillips

JOhn Mc Carthy Dr

Fr W Phillips

to 4 Days board and lodging @  3d/ per Day  12.0 d

1 ½ lbs of twine @ 8d   12.0 d

½ of tobacco 5.0

Paid and Police Officer  7.0

One cotton shirt  8.0

½ Ib tobacco  5.0

Mr Daly by Mc Carty’s order  5.5.0

Mr Manning Do Do 1.6

£7.15.6

p158 ( sep 25 – in pencil)

Cornwall

Van Diemen’s Land

To Wit

The information of James Amos assistant Constable at Swan Port who being sworn saith, I am free and reside at Oyster Bay near Mr George Meredith’s last Sunday week upwards of one hundred sheep his property were driven away from the Run five miles from his House, I tracked the sheep accompanied by George Rayner, David Rayner and George Pugh upwards of fifty miles to a Place called Long Point about twenty miles from St Patricks Head where we found seven Men round a Fire about eleven o clock on last Thursday morning and tracks of sheep all around them, one William Mumford, Robert Delf and Robert Blackhall were three of those men they were awake the rest were asleep, I believe Henry Clark was one of the Men who were asleep Mumford and Delf knew I was a Constable Blackhall formerly lived with Nr Steel at Little Swan port, there  were four  Guns laying by the Men who were asleep we took possession of them  and attempted to take all the Men Prisoner but they rushed upon us and took away our arms said they would keep the ammunition Robert Delf obliged me to Lay down my Pouch which contained ten or twelve ball cartridges which William Mumford took

p159

up, some of the other seven men, took a quantity of Buckshot and Powder from George Rayner and George Pugh which belonged to Mr Meredith, the cartridge that  I threw down by order of Robert Delf belonged to my father (Adam Amos) I know that Delf and Blackhall are Bushrangers. A wooden kid with some scrapes of mutton fat in it and a two gallon keg with some mutton fat  rendered were lying close by the fire, they had a six oared whale boat in a creek three of four hundred yards from the Fire in which they rowed to the Northward after I had remained with them for an hour and a half. Robert Delf wore a white pea Jacket, there were several marks of Blood on the back of it, after they were  gone we found  six or eight sheeps heads and Plucks about sixty yards from  where the boat lay, there were the remains of another Fire about a hundred yards from the Fire where men where those men werem and some vestiges of Sheep’s feet and pannickers w which had  been partially burnt and a quantity of Blood round the Fire, I did not see what the men had in  the Boat. I had not warrant for a Magistrate.

James Amos (signed)

Sworn before me at Launceston

this thirteenth day of September 1825

p160

The information of James Amos Assistant Constable at Swanport who being sworn saith I am free and reside at Oyster bay near Mr George Merediths last sunday week upwards of one hundred sheep  his property were driven away from the Run five  miles from his House. I tracked the sheep   accompanied by George Rayner, David Rayner and George Pugh upwards of fifty miles to a place called  Long Point about twenty miles from St Patricks Head where we found seven men round about eeleven o clock on last Thursday morning. There were William Mumford, Robert Delf, and William Blackhamm they were awake the rest were asleep.  Blackhall formerly lived with Mr Steel at Little Swan Port a wooden kid with some?  scraps of mutton fat and a five gallon keg with same mutton fat rendered, were lying close by the fire, they had a six oared whale boat in a creek three or four yards from the Fire, in  which they rowed to the northward after I had conversed with them for

• I believe Henry Clark was one of the men who were asleep, Munro & Delf knew I was constable.
• ** there were four guns, lying by the men who were asleep we took possession of them.

p161

an hour and a half Robert Delf wore a white pea jacket, there were several marks of Blood on the back of it, after they were gone we found six or eight sheeps heads and plucks about sixty yards from where the Boat lay, there were the remains of another fire about one hundred yards form the fire where three men were, and some vestiges of sheeps feet and pannocks which had been partly burnt, and a quantity of Blood round the fire, all the men were prisoners but  they rushed upon us and took away our arms and ammunition but returned us our arms and said they would keep the ammunition. Robert Delf obliged me to lay down my Pouch which contained ten or twelve all ball cartridges which William Mumford took up; some of the other seven men took a quantity of Buck Shoot and powder from George Raynor and George Pugh which belonged to Mr Merredith, the cartridges that I threw down by order of Robert Delf  belonged to my father Adam Amos I know that Delf and Blackhall are

p162

Bushrangers

James Amos (Signed)

p163

James Amos respecting sheep at Oyster Bay

no date

p164

The information of William Faber who saith I am free by servitude and live with Abraham Abrahams and an old man named Paddy at a Hut about nine or ten miles from the Western Tier, I am employed there as Herdsman to Mr Livermore of Norfolk Plains, on the morning of this day week, the twenty sixth ultimo, six armed men same up to the Hut, Paddy and I were in the Hut, one of the six Men said we are a party of soldiers in pursuit of the Bushrangers, and asked me if I had seen any Bushrangers, I said no, they asked me if I had charge of the sheep, I told them no, that the old man /paddy/ was the shepherd; one of them asked paddy if he would take an order upon Government for a sheep he said he would and gave them a sheep; they said they had orders to press any man they thought proper and that they should take me away, they compelled me to carry the sheep, they told Paddy that they should not keep my out more than two days and that they would send the order for the sheep back by me, when we had got about seven or eight hundred yards from the Hut, one of them killed and dressed the sheep, I carried it about eight or ten miles towards the westward, where we stopped and cooked

p165

part of the sheep; we all ate of the sheep, on our way thither I had heard one of the men called Brady and that night two of them were distinguished by the names of Mc Cabe and Murphy, we all laid down to sleep, no one kelp watch that night; the next day we travelled about fourteen or fifteen miles ** where the bushrangers made a Hut with some boughs ** laid down to rest, the next morning a little after we had taken Breakfast they mad a large fire for the purpose of drying their clothes, when one of them exclaimed “there is a soldier” mc Cabe was absent at this time hunting kangaroo, the other five immediately laid hold of their muskets, I looked round and saw three strange men armed about two hundred yards off, the Bushrangers dispersed and each one placed himself behind a Tree, immediately afterwards four other strange men made their appearance, there were three  shots fired by the strange party, neither of the Bushrangers fired, these three shots were fired before Brady’s party placed themselves behind the Trees, so soon as they were so places the other Party retreated, Brady’s Party immediately made off, one of them desired me to follow them, they left the whole of their Baggage and only took with them each man a piece and ammunition, Mc Cabe’s double barrelled Gun and several Pistols were left behind, their Baggage consisted of some blue cloth, some irish linen, a quantity of Plate and other valuable property about

p166

ten minutes after we had ran off one of the Bushrangers cooed, and Mc Cabe joined his Party, and wanted to go back for his Double Barrelled Gun; he was advised not to do so; on Thursday night last we arrived at Mrs Dry’s House at Quamby’s, the Bushrangers made Mr Dry’s servants / sixteen men/ stand at one corner of the building, the Bushrangers asked where Mr Compton was, they were  told he was in Launceston, one of them said they wanted to see Mr Compton very particularly that if he had been there they would have given him a good hiding; they desired me to remain with Mr Dry’s Men, and took a knapsack from Mr Dry’s House and went towards another House about a hundred yards off where Mr Compton usually resides, they returned about half an hour afterwards, with about two gallons of cream some tea and some sugar; they ordered Mr Dry’s men to heat some water and make some Tea, one of the Bushrangers and one of Mr Dry’s men went again to Mr Compton’s House and brought back more cream, the Bushrangers desired all that was present to partake of the Tea and Cream there was some bread in the House which they ate, Mr Dry’s men said they were on Rations, one of the Bushrangers went our and fetched about a a bushel of wheat  and told the men to grind it if they liked, I do  not know where he brought it from

p167

one of Mr Dry’s Nephews was brought to the House by the Bushrangers, they enquired of Mr Dry’s Servant what sort of a man they nephew was; the men said he was a good man, the Bushrangers went away about eleven o clock that night just before they went away they desired one of Mr Dry’s men to saddle one of Dr Dry’s horses, which they took away with them, they said they should take the horse only five miles, the next morning the horse came back and I went home to my master Mr Livermore. I did not go over to the soldiers for fear the Bushrangers who were close to me would shoot me.

WM Faber (Signed)

Taken the 3^rd of October

PA Mulgrave JP

Faber v Brady & c

3 October 1825

p168

The examination of John Phillip Davies who being sworn saith I am an assigned servant to Mr John Smith and reside upon his Farm near Ben Lomond, four other men * Wood, Blakey, Whitehouse and Gillespie and a Boy live with me, they are all in the service of my master, the Hut where we reside is one the right bank of the South Esk River, on Wednesday last the fifth day of October instant between nine and ten o clock  in the morning  I was about a mile from the Hut in company with Robert Blakey, Thomas Woods and James Gillespie, when six armed men came up to us, two of them I knew well their names are Brady and McCabe, the other four were strangers. Brady and Mc Cabe said to me how are you young fellow, Brady turned his head towards Gillespie, and said now Mr Gillespie you are the very man we have been looking for we will make you remember telling the soldiers that I was at Government Hut, I do not know what Gillespie said to him, Mc Cabe said we have got a pair of Cats for you; Brady and Mc Cabe ordered us to the Hut, which the Bushrangers searched and took thereform two knapsacks belonging

p169

to two of my fellow servants, and about thirty pounds of flour and about three quarters of a pound of Gunpowder my master’s property, they took the whole of the people from the Hut and compelled us to put them across the River in Wm Earle’s Boat, so soon as we landed on the opposite Bank of the River Brady said to Gillespie I will give you five minutes to make your peace with God, Gillespie begged for mercy, Brady ordered him to go along pointing from him, Gillespie walked about ten paces, Brady cried out stop, Gillespie threw off his jacket and ran, Brady, McCabe and one of the strange men fired at him, Gillespie continued running, the stranger who had just fired pulled a knife from his pocket cut off his Boots and ran after Gillespie, Brady followed him, about half an hour afterwards they all three returned, Gillespie was bleeding profusely from his right side, one of the other Bushrangers said is was best to finish him, and all other them appeared willing to murder Gillespie; one of the strange men stepped out from the rest primed his musket and cocked it and said I will go and put him on one side (he was a very short man about thirty years of age) and walked a few paces with Gillespie, I am Mr Smiths three other men entreated Brady and McCabe to

p170

spare Gillespie’s life Brady cried out “Paddy come back” the man come back from Gillespie Brady and Mc Cabe then said if we have not given him enough now we will come back and finish him another time we will never let him rest nor the man that employs him, they then went towards St Pauls River and ordered Whitehouse to accompany them to shew them a Tree that serves for a bridge over it – each of the six Bushrangers had a Gun and a brace of Pistols, I believe that each of them had a knapsack one of them had a bundle of canvass with a number of ropes upon it I asked what it was Mc Cabe said it was their Marquee, they had one kangaroo Dog with them they said they should go and pay an old debt at Mr Talbot’s and taste his whiskey.

I sent for Doctor Pearson on Thursday morning to attend on Gillespie whom I left at the Hut very ill.

John Phillip Davis (signed)

Sworn before me at Launceston this eighth day of October 1825

PA Mulgrave JP

p171

Brady )ct 1825 – in pencil

p172

Between two and three o clock in the afternoon of 25^th May 1825 it being rather rainy, I was writing in my Dwelling House A. B. came to my door and said some Men are coming I think they are Bushrangers, be on your guard, she went out of my sight, I instantly took the case? off my fowling piece, and was in the act of putting on my pouch of cartridges, at this instant a Bushranger who answers the description give of McCabe was partly in and partly out of the House his musket was levelled at my breast he exclaimed If you attempt to arm yourself I’II blow your Brains out.  and in a lower tone of voice added – a thing I do not wish to do, Pawley ? was at the right hand Door Port and the shortest answering the description given of Mr Brady instantly rushed into th House A B some in at the same time, I made an effort to get hold  and resist? of my Fowling Piece but found I had not chance of success as two of the Bushrangers were about 3 yards distance from me and the third, Brady, about 1 ½ yards, AB caught hold of the Double Barrelled Gun presented at me by Brady which nearly produced fatal effect, being thus completely in their power, Brady tied my Hands behind my back the two others keeping their

p173

piece levelled at me, my two government servants were near them, and rather in their rear the Bushrangers made them come into my House, Brady then said we want tea and sugar, you have said what you would do if bushrangers came you should perhaps but ask better?? and perhaps we night have passed by you, where  are your pistols, Mr Knight a Freeman in my employment was about 500 yards from the House with the sheep, they did not go after him, one of my daughters a child of six years of age went and told knight what was going one he very properly took that opportunity of slipping away and went to Dry’s farm two Horsemen went from thence to Norfolk Plains for a Party which arrived at my dwelling about 10 o clock the following morning. The Bushrangers were all well armed with a double barrelled Gun, two muskets, and double and single barrelled pistols, they continued in my house about ¾ of an hour two of them kept their muskets on those present a great part of the time they were in the House while the third (Brady) searched for such articles they thought proper to take away – on Brady’s coming

p174

down stairs he said to me Old Man had you time to have got up stairs we could not have come into your House, he then insisted on having my Pouch of Cartridges, I told him I couldnot would not give it to them , they however obtained it as the strap was hanging down from off the place whereon the pouch lay.

They took away with them three pistols, 1 faner?, a remarkable good fowling piece having the appearance of being silver mounted the stock has been broke and repaired a brass plate being screwed in a little small Distance form the Breech, the name of Davidson engraved on the Lock and London in Gilt Letters on the side of the Barrel, the words twisted wire on the undersides, a powder flask and shhot belt Burner? Duck from good new blue cloth trowsers, a Black waistcoat, two Pea jackets, a pair of new half boots, a pair do do , two Dogs and a fowling piece the property of Mr James Hortle or of his servant Lynch – they also took my two Govt servants Francis Berret and John Spong away with them, on their return they acquainted me that the Bushrangers told them they might come back

p175

to the same place some time after they were gone,  I accompanied them to the spot where we found the Fowling Piece belonging to Mr Hortle or his Servant in a perfect state they having made particular inquiry about it while they were in my House,  a good Fusee? my property now produced, was also left there by them which they broke nearly to pieces and rendered it unserviceable, in the evening of the same day, my Two Dogs returned home. A short time before the Day closed Barney McLaughlin and [blank] common servants to Mr Hortle come to my Residence they acquainted me that Three Bushrangers went down to Mr Hortle’s? Hut soon after they quitte my residence, that they took about ½ Bushel Flour a Roll of Butter and a Kangaroo Rug away with them, for which they left in exchange two Blankets.

p176

Vandimand.Land. March the 5/ 1825

Dear wife I send you these few lines

hoping it will you find you in good

health as it leaves me at present these (thanks?)

be to God for it dear wife the ship

sailed from Wollwich on the 7 of June  (9 July? nearest ship dep. “Princess Charlotte”)

wich dear wife we had a comfortable

voage thanks be to God for it I had

good health all the voage and had

not one single person died dear

wife leaving my home dose not greve

me the lest but leving you behind

me dear wife greeve me the worst

the country that I am in is a esatremly

fine plenty of corn grain of every kind

I have my lirberty in the country wich

I have as well of as in my own Country

[no  further text!!!]

p177 March 1825 in blue pencil

The examination of Thomas Simms who saith I came to Sydney in the Ship Fortune in the year 1805 and was free by servitude in 1811, I was tried by a criminal Court in the July 1822 and sentenced to be transported to Macquarie Harbour for three Years.

Seven weeks ago today, I left Macquarie Harbour in company with a Convict named Henry Bridge we had eight pounds of Bread when we escaped which with shell fish that we picked up on the coast was all we had to subsist on during our journey we fell in with six or seven parties of natives all of which ran away except one party which followed us a whole day but offered us no violence we arrived at Captain Townsend’s farm opposite George Town after sunset on Saturday the 19^th instant Henry Bridge went up to the House and returned with John Brown they called to me several times I at length answered and went into the House, Brown gave us some food and a Rug to lay upon there was another man in the

p178

house besides myself, Bridge and Brown, Bridge went out of the House at Break of Day.

I soon after followed him, Brown and the other man followed me and asked me where Bridge was gone, Brown said I had better not go away but give myself up about two hours afterwards Brown took me to George Town.

In the evening I arrived at Brown’s either him or a woman who appeared to live with him said there were some soldiers at Harry Barrett’s neither Bridge or myself had any arms and only one knife between us.

I absconded from Macquarie Harbour because the Commandant had not fulfilled repeated promises he made me to send me from his settlement.

Thomas X Simms

his mark

Taken before us at Laucneston this twenty sixth day of March 1825

James Cox Jp

PA Mulgrave JP

DM Lord JP

p179

The examination of John Brown who saith I hold a Ticket of Leave and have charge of Captain Townsends Farm and cattle opposite George Town on account of Mr Andrew Allen, about eight o clock last Saturday evening I went out to open the Dairy Windows, I saw a man lying under it I laid hold of him and desired him to go into the House he said he would make no resistance, went with me into the House he said he had come from the new Settlement with another man who was near the garden he agreed to go with me and take him, we went out and the man called out Johnson two or three times and a man who called himself Simms came up and accompanied us into eh House, I there gave them something to eat got out at the Bed Room window and crossed in a Boat for Garden Island and brought back John Kendall to assist me in securing the two men who I had left in the House with Mr Allcock, I gave the men a Rug to lay upon Kendall and I sat up all night about

p180

day break Bridge suddenly got up and ran out at the Door I followed him but could not overtake him, I did not think it necessary to tie their Hands they appeared much exhausted.

I tool Simms to George Town that day who said the man who had gone away was Henry Bridge.

John Brown

Taken before us at Launceston this twenty sixth day of March 1825

PA Mulgrave JP

James Cox JP

DW Lord JP

p181

The examination of John Kendall who saith I am a Convict in Charge of Garden Island, on the night of  Saturday the 19^th instant John Brown came from Captain Townsend’s Farm and told me there were two men there form the new Settlement and asked me to go over with him and see that he was not illused. I went and saw two men one lying by each side of the fire place about daybreak one of the men went out at the door and pulled it too after him, I, Brown and the other man immediately followed him but

p182

could not see nothing of him the man who remained with us said the man who had got away from us was named Joe, Brown took the man who remained to George Town returned and went with me in search of the other but could not find him. Mr Allcock was in the House on Saturday night. I heard no conversation that night respecting there being soldiers at Harry Barrett’s

Jonnhan Kendall (signed wobbly)

Taken before us at Launceston this twenty sixth day of March 1825

James Cox JP

PA Mulgrave JP

DW Lord JP

p183

examination respecting

Bridge and Simms

decided (in pencil)

Escaping from Macquarie Harbour (in pencil)

p184 [Mar 1825 – in blue pencil]

Cornwall

Van Diemen’s Land

To Wit

The information of William Lawson who being sworn saith on last Sunday night about Ten o clock I heard two of Mr Thomas Archer’s men were on Norfolk Plains I went to the Hut occupied by Mr Charles Reid’s assigned servants where I saw Thomas Bell and Edward Wright. Thomas Bell was standing at the fire I asked where the other man was that I had heard was with him he said there was no man of Mr Archer’s with him Edward Wright was writing a letter I asked  him what he was he said he was a Tradesman I asked him if he was a Free Man or a Prisoner he said he was a Free Man I enquired if she ever was a Prisoner he said no he came into the Country free I then asked if there was any Person on the Plains who knew he was a Free Man he said Joseph Hall

p185

I went out of the Hut and returned immediately when Wight acknowledged he was Mr Archer’s Servant. I got the letter now produced from a man named William Ashworth who lives with Mr Reid

William Lawson (signed)

Sworn before me at Launceston this eighth day of March one thousand eight hundred and twenty five

PA Mulgrave JP

Lawson vs Bell and Wright

8^th March 1825

decided

p186 June 1825 in pencil

Cornwall

Van Diemens Land

To Wit

The information of Mr William Elliott Leith who being sworn saith I reside in the District of Cummings’s Folly, on the twenty seventh ultimo about three o clock in the afternoon, I was informed by Mrs Blackstone my Housekeeper, that some Bushrangers were near my House, I immediately armed myself with a Fowling Piece, and was putting a Pouch with cartridges round my body, where three armed Men presented themselves at my door, one of them came into the room where I was and presented a Musket at me, and exclaimed if you attempt to arm yourself I will blow your Brains out; his Person answered the description of a man named Mc Cabe, who is said to have absconded from Macquarie Harbour, another of the Bushrangers who I believe from his description to be Matthew Brady and who is also reported as a runaway from the Public Works at Macquarie Harbour presented a double barrelled Gun at me. Mrs Blackstone who was present laid hold of the Gun, he snatched it from her grasp and said, damn you I never met with such a woman in my life time, I have a mind to shoot you, the other man was standing at the door and is named Thomas Pawley, a native of Sydney. The man who I supposed to be Brady tied my hands behind me, my two Government Servants were outside the House, one of the Bushrangers ordered them to come into the House, they did so, Brady searched my House and collected together three pistols, one Musket, one Powder flask, one shot belt, one Pouch with powder and balls, a piece of blue cloth, a piece of Russia Duck, a pair of Blue cloth trowsers, a waistcoat, two pea jackets and two pairs of half boots, my property; a fowling piece the property of Mr Hortle and one the property of Mr James Scott, which were left with me upon the conditions that if it

p187

it was lost or stolen I was to pay ten Pounds for it, all of which they took away with two kangaroo dogs, also my property. They forced Francis Barrett and John Spong my assigned servants to go with them into the Bush : about twenty minutes afterwards my two men returned, and informed me that the Bushrangers had told them they might go back to my House and return to the place where they had parted from them and that they would there find such things as they (the Bushrangers) might think proper to leave behind. I accompanied them there where I found this broken musket which is the one they had feloniously taken away from my House also the Fowling Piece belonging to Mr Hortle. The musket above alluded  to was in a perfect state when it was taken from my House; whilst Brady was going up stairs to search Mrs Blackstone’s Bedroom Mrs Blackstone was about following him when he Brady exclaimed dam her pull her down and break her neck

/signed/ W.E. Leith

Sworn before me at Launceston this sixteenth day fo June 1825

PA Mulgrave JP

p188

Rex vs Pawley and others

June 1825

p189 June 25 in pencil

The information of James Cook a convict who being sworn saith I am an assigned servant to Mr Richd Dry at Quamby on last Wednesday or Thursday morning I was at the hut on my master’s farm at Quamby’s occupied by Joseph White, Barnard Cosgrove and Michael Bolland Free Men they were sitting at Breakfast near the door there was a young Man standing by the fire smoaking his pipe his back towards it he appeared about five feet seven inches high the upper part of his nose was much flattened he had on a kangaroo cap a striped shirt a red flannel shirt over it a pair of cloth trowsers & mockasines – he had a musket in his hand and a pistol slung by his right side he was about four yards from the men who was sitting at the Table – he could not have got out of the hut without passing them I never saw hism before he asked me if I had not been Shepherd there I told him no I filled my pipe lighted it and went our of the Hut immediately – I saw John White about a quarter of an hour afterwards between the Hut and Quamby’s he told me the strange man whom I saw in the hut was Pawley the Bushranger and he was going to report his having been there to Mr Compton – that Pawley came to the Hut at Day light that morning and made them  all turn out while he warmed himself at the fire

James X Cook

his mark

Sworn before me at Launceston this eleventh day of June 1825

PA Mulgrave Esq

p190

Cooke vs White, Cosgrove and Bollard

Harbouring Pawley

11^th June 1825

p191

Secretary’s Offie

25^thJuly 1825

Sir

I have received and laid before the Lieutenant Governor your letter of 15^th instant including copies of a correspondence which has taken place between the Superintendent of Police at Launceston Chief  District Constable Fletcher and Mr Robert Corney, respecting the indulgences shewn by the latter to his assigned servant, James Cunningham and I am directed to acquaint you that this affair appears to His Honor a mere matter of Police upon which there seems to be no question  and upon which Mr Mulgrave should at once have acted upon his own responsibility.

There is not however a doubt that the Crown Servant  above named is living in a manner quite irreconcilable with that state of servitude so necessary to be attended to.

I have toe honor to be

Sir

Your most obedient

humble servant

John Montagu (just peace?)

Lt Colonel Balfour

Commandant

Launceston

p192

John Montagu

25^th July 1825

Jas Cunningham

to be called in

p193 Aug 1825 in blue pencil

Cornwall

Van Diemen’s Land

To Wit

The affadavit of Mr Henry Wedge who saith the Pistol and the Pillow cases now produced are my Property they were taken from a Tent in which I resided about the middle of March last near Arthurs Lake

WH Wedge

Sworn before me at Launceston

this sixth day of August 1825

H Simpson JP

PA Mulgrave JP

p194

The affadavit of Mr Wedge

August 6^th, 1825

p195

Van Diemens Land

To Wit

The information examination of Robert Peat who  being sworn saith I am an assigned servant to Mr Wedge the Government Surveyor, last Saturday week I saw a mall pipe in the possession of a man named Burke belonging to a Government boat at George Town, Burke afterwards said he had lost it, I saw the same Pipe in the possession of john Robinson last Saturday.

My master’s Tent was Robbed last night, amongst other things a pair of shoes was taken way and left near the tent about seven o clock this morning, I found them and this pipe by the side of them about thirty yards from the Tent, in the swamp near the Mill; about half past six o clock this morning I found a musket belonging to Government a fowling piece the property of M Lamb, a chest, a jacket, a cap and a pair of trowsers belonging to Mr Wedge outside the back part of the tent, there were a variety of articles  in the chest, all these things I saw in the Tent last night about nine o clock, there was also a cask of rum

p196

there which was not to be found this morning.

There was a fowling piece belonging to Mr Weston taken out of the Tent, a strong pair of Boots belonging to Mr Wedge was also taken away.

There were five and a half gallons of Rum in a cask that was taken away. Robinson is also assigned to Mr Wedge he was absent from three of clock yesterday until half past six this morning. I must have seen him if he had returned during that time his bed is alongside mine, there were two Dogs under the cart near the tent one of them always barks at the approach of strangers.

Isaac Wolfe slept in the Cart last night.

A man belonging to Alexander Mears was also sleeping under the cart at half past nine o  clock last night, he had his cloths on and laid upon a bag, I believe he was drunk, I slept close to him, when I awoke this morning at day light he was gone, I saw him about half past seven o clock this morning with the Bullocks he has the charge of for Mears.

Robert X Peat

his mark

Taken before me at Launceston this 15^th Day of February 1825

PA Mulrgave JP

p197

Van Diemen’s Land

To Wit

The information of Mr John Wedge who being sworn saith, I am assistant Surveyor, John Robinson, Robert Peat and Isaac Wolfe are my assigned servants, a carter named Smith is my Carter, Robinson is employed a Cook and has charge of my tent during my absence. The tent was fixed yesterday about one hundred yards from the Government Mill I it had been these several days the men usually slept under an owning thrown over the Cart, about four o clock yesterday I gave Robinson  permission to go to Mr Sinclair for some slops and bedding it was his duty. he later? returned in half an hour. I left the tent soon after Robinson went out and returned about half past six, Robinson was not there, I inquired for him about nine o clock he was not to be found, Peat told me that Robinson  had not returned. I went to Bed about half past ten o clock I do not believe that Robinson

p198

had then come home, there were two Dogs at the tent last night they usually bark if any one approaches the tent, I did not hear them bark last night when I awoke this morning I missed a fowling piece belonging to Mr Western  a cask of rum containing about four gallons, a pair of half boots, besides a chest of clothes one musket, and fowling piece which were found this morning behind the tent, two pairs of shoes and one pair  of boots, and this small pipe were also brought to me this morning by Peat.  I believe I have seen the Pipe in the possession of Robinson during the last week.* When I awoke this morning I heard Peat talking near the cask I desired him to come home when he got near the Tent   I heard him say the Guns are to the Tent and hold one what he had seen

JW Wedge

JW Wedge

asst surveyor

Sworn before me at Launceston this fifteenth day of February 1825

PA Mulgrave JP

The examination of John Roberts who saith I was permitted by Mr Wedge to leave his tent last evening to procure slops and bedding from Mr Sinclair this was about four o clock Mr Sinclair was not at Home I went again to his House about five or six I then sent to George Phip’s  from thence to Yates Bake House where I saw Smith a Bullock Driver and returned

p199

to the tent about half past eight o clock, there was not light near the cart where I usually slept with Roberts peat with whom I usually slept I went and  slept upon a few old clothes that I had in a bag about twenty yards from the tent.

Taken before me at Launceston this fifteeth day of February 1825

PA Mulgrave JP

Mr George Lawson being sworn saith I have examined the Place near Mr Wedge’s Tent where John Robinsons states he Slept  that night. There are no marks of any person having lain there it is about sixty yards from the Place where Peats says he found the shoes and pipe this morning and about thirty yards from  where Thompson says he crossed the swamp.  There were no  rushes near the place where Robinson said he slept that could break off the wind.

George Lawson (signed)

Sworn before me at Launceston this fifteenth day of  February 1825

PA Mulgrave

p200

Wedge v Robinson

decided 15^th February 1825

John Helder Wedge

Surveyor General

VDL

1825

[in pencil]

p201 August 1825 in blue pencil

Cornwall

Van Diemens Land

To Wit

The information of Mrs Elizabeth Saltmarsh who being sworn, I am free and the wife of William Saltmarsh, Settler at Norfolk Plains; on Saturday last the twentieth instant, I was riding upon the Road to Launceston, when I was about a mile from Norfolk Plains Mary Stevens the wife of John Stevens of Norfolk Plains overtook me and Rode close up to me, and said Betty keep your tongue off me, if you do not I will jump upon you and jump your bloody guts out, I will not allow you nor any dirty stinking whore to talk about me; I turned off the Road, she cried out to me that she would do something to me and my bloody Tribe;

I could not distinctly hear the threat she made use of, I gave the said Mary Stevens no provocation to assault me, and as she has repeatedly abused and threatened me, I fear she will do me some grievous bodily injury; I therefore Pray sureties of the Peace against her the said Mary Stevens.

Elizabeth X Saltmarsh

Her Mark

Sworn before me at Launceston

this twenty first day of August 1825

PA Mulgrave JP

p202

Saltmarsh v Stevens assult

decided 15^th Aug 1825

chaise in pencil

p203 Aug 1825 in blue pencil

The information and complaint of Elizabeth Jessop who being sworn saith, I am a free Woman and the wife of James Jessop, I reside in Launceston, one Saturday afternoon the 20^th instant Mrs Ann Sharman was confined in the Watch House in Launceston. I carried her a Bed some tea  and Provisions a little before six o clock that evening, about ten minutes afterwards I went away from the Watch House, a few minutes before eight o clock Constable Baldwin came to John Sharman’s House and said that Mrs Sharman wanted to speak to me, I refused to go, he urged his request and said to prove that Mrs Sharman had sent for me he had brought a necklace from her as a token, my husband and I went to the Watch House, Baldwin was in the Watch House, I went into the Watch House, my husband remained at the door, Thomas Jeffries the Watch House Keeper said to me, Ann Sharman is in this cell, shoved me towards a dark cell, I refused to go in, I said ti was dark I would not  go in there : I cried out “Ann  where are you” Ann Sharman answered me from another cell, I went to her and asked her what  he wanted she made me no answer Thomas Jeffries was then in the cell with us, Constable Baldwin came into the Cell with a Bottle nearly full, he asked me to drink, I refused, he said he would make

p204

some hot for me if I would drink it. Jefrries requested me to drink, and said he would make some egg flip for me. I told him I would not drink anything and requested he would let me out of the Watch House he refused to do so and said to me you are my Prisoner. I asked him what for, he said for fetching half a gallon of rum into the Watch House. I never took any Rum to the Watch House in my life; the spirits that Baldwin had in the Bottle was Rum; I know it was Rum be the smell of it, I did not taste it, Jeffries still refused to let me out, I told him if I was compelled to remain there all night, I should desire him to leave the cell that no men had a right to be where women were confined. he at length went out of the cell and locked the cell door, about a quarter of an hour afterwards Jeffries came to the cell unlocked the door and came into the cell, he was undressed, he said Elizabeth Jessop if you let me sleep with you to night I will let you out in the morning before any person is up and will not make any complaint against you, he attempted to get into the bed where I was lying, I cried out Coiler for God’s sake go for Mr Lawson the Chief Constable, a man known by the name of Coiler was then a Prisoner in the Watch House, I called out several times, some one came to the cell door, I think it was coiler and said, Jeffries come away and let the women alone, Jeffries was then kneeling upon the Bed, he got up and knocked the man down, they fought, Jeffries afterwards locked the Door about eight o clock the next morning he came to me and said if you shake hands with me and kiss me I will let your out without any one knowing it.

[margin] I refused to let him kiss me, I suffered him to shake hands with me and he left me out. I was perfectly sober when I went to the Watch House and 8 o clock on Saturday.

Elizabeth X Jessop

Sworn before me at Launceston this twenty second day of June 1825

PA Mulgrave JP

p205

The information of Ann Sharman a convict who being sworn saith I am the wife of John Sharman on Saturday last the twentieth instant I was confined in the Watch

House in Launceston, I sent to Elizabeth Jessop to take one of my children home she came to the Watch House about eight o clock on Saturday evening, she was very tipsey, I heard her abusing Thomas Jeffries the Watch House Keeper she called Thomas Jeffries many approbious names and used the most indecent language towards him. I was locked up in a cell without a light, I did not see Mrs Jessop quarrelling with Jeffries, I knew she was drunk by her voice, I told Mrs Jessop  I wanted to speak with her, Jeffries refused to let Mrs Jessop into my cell her afterwards admitted her in, Jeffries said he would keep her there until the morning for using ill language towards him, I did not see or taste any Rum or Spirits whilst I was in the Watch House on Saturday night, Constable Baldwin was there on Saturday night last, I did not see him have any Bottle that night, Mrs Jessop took part of her clothes off and laid down by my side, Jeffries went out of the cell and  I believe locked the door, Mrs Jessop and my children asked for some water to drink Jeffries came to the cell with some water, II believe he was undressed at the time, he came

close to the Bed where Mrs Jessop and I

p206

were lying; I did not hear Jeffries request to come to  Bed with Elizabeth Jessop, I did not hear a man called Coiler quarrelling with Jeffries on Saturday night, I did not hear any man quarrel with him. I do not know that Jeffries was drunk on Saturday night; he might have had a drop; I did not hear Mrs Jessop call out for a person to go for Mr Lawson; Mrs Jessop left the Watch House about eight o clock on Sunday morning; I heard Jeffries say he should discharge her. I quarrelled with Mrs Jessop this morning, not Person asked me to drink Rum or any other spirits  whilst I was in the watch house on Saturday night, or Sunday morning last.

Ann X Sharman

her mark

Sworn before me at Launceston

this twenty first day of August 1825

PA Mulgrave JP

p207

???? [Jessop]

vs Jeffries and Baldwin

decided

Aug 24^th

p208 [Aug 1825 in blue pencil]

The information of William Atkins an assigned servant to Mr Clark who being sworn saith five weeks ago last Thursday the 16^th of June last I was in Launceston,  James Pettman and William Springfield were in charge of a coach and bullock belonging to Mr James Hill Junior of Paterson’s Plains, the cart stopped opposite Mr Solomon’s House and William Springfield took a Bag of Wheat out of the cart and said he had a bushel of wheat to dispose of, he carried the Bag that apparently contained about a bushel of what I supposed was wheat, into Mr Solomon’s House, and returned in a few minutes with the empty Bag, he said he had got a pound of tobacco and two or three handkerchiefs, he shewed me one of the handkerchiefs  it was a light blue and white handkerchief, he desired me not to take any notice to his Master, all this conversation passed close to the cart, Pittman was in the cart, and asked Springfield what he had got when he came out of the Shop, who said he had not got enough by one handkerchief.

There was nothing in the cart that I saw except the Bag that Springfield took out of it, I did not see Mr Solomon during this transaction.

p209

I have never had any quarrel with either Springfield or Pittman, I was tipsey when Springfield left the wheat at Mr Solomon’s last Wednesday evening, I left eight of my master’s Bags in Mr Hill’s cart which was in charge of Springfield, I do not know if he saw them put into the Cart, Mr Fawkner did, I did not go home that night.

William Atkins (signed)

Sworn before me at Launceston this twenty fifth day of July 1825

PA Mulgave JP

Mr James Hill Junior sworn saith, I reside at Paterson’s Plains, James Pittman is my Assigned Servant, William Springfield is my Father’s assigned servant; on the 14^th 15^th and 16^th day of June last I sent wheat into Launceston in charge of William Springfield, Pittman was with him on two of the days, about that time I missed a considerable quantity of wheat from the thrashing floor. I have not paid or given Springfield or Pittman any money except one or two sixpences during the last five months they have had not means of earning any money,  I found this handkerchief which appears nearly new upon Springfield’s person this morning, I also found this other handkerchief on the person of James Pittman this morning, they are worth two shillings each; I never authorised Springfield to sell of exchange wheat for me.

JA Hill Junior

Sworn before me at Launceston this twenty fifth day of July 1825

PA Mulgrave JP

p210

The examination of William Springfield who saith I recollect being in Launceston with  James Pittman in last June, I saw the witness Atkins there he was very drunk, I had delivered a load of wheat at Mr Stewarts and afterwards went to Mr Solomon’s and bought half a pound of tobacco and these two handkerchiefs, I gave four shillings for the tobacco and four shillings for the handkerchiefs, I gave one of the handkerchiefs to James Pittman for a Bed Tick that I had from him, Atkins owed me a spite, he threatened to do me an injury yesterday morning in the presence of James Munro, because he said I had taken away some bags belonging to his master.

[unsigned] [unwitnessed]

The examination of Joseph Solomon who saith I have sold many Handkerchiefs of the same pattern as those now produced for what, I do not recollect selling any to Springfield, I have sold such handkerchiefs in exchange for wheat, I do not know half the persons of whom I purchase wheat, I have sold such Handkerchiefs for single bushels of wheat many times, and frequently for half a bushel of wheat, without knowing who the persons are who bring the wheat.

[unsigned] [unwitnessed]

p211

The information of Mr Richard Clark who being sworn saith I reside at Paterson’s Plains, the witness Atkins is my assigned servant, I sent him into Launceston last Wednesday with ten bags of potatoes only two of the Bags have been returned to me

Richard X Clark

his mark

Sworn before me at Launceston this twenty fifth day of July 1825

PA Mulgrave JP

James Munro a convict sworn saith I was at my master’s Hut last Sunday morning the 24^th instant, William Atkins and William Springfield were there, I did not hear Atkins say that he would do Springfield an injury, I never knew them have any quarrel, I do not know that Atkins owes Springfield any illwill.

JL Munro (signed)

Sworn before me at Launceston this twenty sixth day of July 1825

H Simpson JP

p212

The examination of James Pittman who saith I got the Handkerchief which my Master took from me this morning from  Wlliam Springfield in exchange for a bed tick.

Taken before me at Launceston

this thirtieth day of July 1825

PA Mulgrave JP

Thomas Blanchard sworn saith I am an assigned servant to Mr James Hill Senior I saw James Pittman with the handkerchief now shewn me, in his possession, he said that he had got it from a Young woman in Camp.

Thomas  X Blanchard

his mark

Sworn before me at Launceston this thirtieth day of July 1825

PA Mulgrave JP

p213

[paper watermarked  RAILFORD 1822]

Rex

vs

Springfield & Pittman

Decided

6^th August

1825

Maria Island

[8 char pf shorthand]

[Maria Island in pencil]

p214

Cornwall

Van Diemen’s land

To Wit

The information of Thomas Etherington who being sworn saith I am a Constable and reside in Launceston about six weeks ago Robert Cole a convict who is since sent to Maria Island was confined in the Watch House in Launceston,  on the night of the day Cole was confined in the Watch House, Constable Thomas Cumberlidge and I were on duty as night Watch Men   we went to the Watch House and found Robert Cole was absent, and James Thomson the then Watch House Keeper drunk, I asked Thomson where Cole was he at first said he was not confined there but afterwards acknowledged that Constable Baldwin had taken him out of the Watch House about one o clock that night Robert Cole came into the Watch House Cumberlidge said, Cole has perhaps been robbing some body, we will search him, we did so, and found two silver Dollars and two one Dollar Bills folded up in a Handkerchief which was in his cap, Cumberlidge took the money from him shewed it to me and Thomas Jeffries the flagellator and said he would deliver it to the chief Constable in the morning, Cumberlidge and I went

p215

to Mr Boyles where we found Baldwin drunk; Mr Boyle said that he knew Cole had been at his House although he had not seen him there, and that one of the Dollar Bills which Cumberlidge had taken from Cole was his property.

About nine  o clock in the morning after Cumberlidge had take the money from Cole he was tipsey, and told me that he had lost the money he had taken from Cole, I have not seem Cumberlidge pay away any money since he took the money from Cole. I do not know where he got tipsey on the morning alluded to.

Thomas X Etherington

his mark

Sworn before me at Launceston this sixth day of August 1825

PA Mulgrave JP

p216

Rex vs Thomas Cumberlidge

dismissed 6^th August

1825

[Thomas Jeffries ?? Flagellator]

p217 [1825 in blue pencil]

To T.C. Simpson  Esq  J.P. &c & c

Sir, I most respectfully and earnestly beg leave to put you in mind of your kind promise to me yesterday in His majesty’s Prison of admitting me to Bail, for the purpose of earning bread, for myself and family. Untill the form of law calls upon me to answer to the charge now filed against me.

Sir

I have now been ten years in this settlement, and was never brought before a Magistrate for the most slightest offence in all the course of these years before this time; and I have not the smallist doubt of being able to clear myself of this aspersion now laid to my charge, when as opportunity offers.

I have the Honor to be Sir,

your most obliged most

obedient  and humble servant

George Hacking

Launceston Jail

13^th October 1825

p218 [Sept 1825 in blue pencil]

The examination of Thomas Bostock a convict in the service of the crown who saith, on last Wednesday evening I left Launceston with a cart and four Bullocks Robert Peat a convict was with me, I had in my charge a trunk, a great coat, a pair of spurs, and a sword, belonging to Lieutenant Dalrymple, with some barley and Siftings for his horse; I stepped at the punt on the South Esk River where Lieutenant Dalrymple ordered me to proceed to Mr Willis’s the next day, I left the Punt with the cart, bullocks and lading as beforementioned, with Peat about six o clock that morning, Lieutenant Dalrymple overtook me at Mr Gibson’s Stock Yard at the black snake Bank, and ordered me to go on before him. I stopped to rest my bullocks in Epping Forest about three miles from Mr Diprose’s residence after I had been there a quarter of an hour, the eldest son of Mr  Diprose came up with his Father’s Cart and four bullocks, there was a strange man with him whose name I do not know, he was about five feet six inches high, fair complexion, grey eyes, he had on a covered hat, checked shirt, a short pillow fustian, jacket and trowsers, a blue waistcoat, worsted stocking and shoes;  he had no knapsack

p219

or bundle with him; Young Mr Diprose said if my bullocks were knocked up I could stop at his father’s house that night, my Bullocks being quite tired I went there with him, and the stranger; on the road the latter told me he was going to agree with Mr Diprose to split some hurdles; when we arrived at Mr Diproses’s House he was from

Home, Mrs Diprose said Peat and I might stop in the Hut about twenty yards from the House, and that the stranger might if he chose stay in the kitchen and sleep with one of her sons; I asked her if I should take Lieutenant Dalrymple’s Things into the House and she said I had better keep them in my own charge. Mr Diprose same Home about a quarter of an hour afterwards  he had some conversation with the stranger which I did not overhear; Peat and I made a fire in the Hut where we were going to stop, and put Lieutenant Dalrymple’s Trunk, great coat, spurs and sword under the bed, the stranger, Peat and I supped in Mr Diprose’s kitchen, after supper the stranger accompanied peat and I back to our Hut, lighted his pipe,and said he would stop there all night if MRs Diprose did not call him into the House; I went to bed about ten o clock, the stranger and I slept upon a bed stead, Peat slept upon a Bag of wool near the fire, and close to Lieutenant Dalrymple’s Trunk, the Door of the hut was shut when I went to bed, these was no fastening to it

p220

the stranger laid on the outerside of the Bedstead. I did not go to sleep for a considerable time after I went to Bed; when I woke it was still dark, I perceived the stranger was gone and the Door open, Peat was asleep; Lieutenant Dalrymple’s Trunk, coat, Spurs and sword were also gone, Peat was lying on the opposite side of the fire to where I had seen him lay before I went to sleep; the trunk could have been taken away without disturbing him in either situation, in the course of the proceeding evening the stranger told me he had come free from England with his father, that they had brought some horses to Hobart Town for Mr Simeon Lord, and that he lived with  Mr Cobb on the Hobart Town Road, and had come to this part of the Country to look for work. I called up Mr Diprose so soon as I missed Lieutenant Dalrymple’s property, after waking Peat, who speared very fast asleep, I kicked him before I could awake him, I went with Mr Diprose a little way in the Forest in search of the Stranger Mr Diprose said I had better look a little way off in another idrection for nay fresh tracks, I only found the traces of a few footsteps near Mr Diprose’s fence; Mr Diprose ordered Peat to go to Mr Willis’s immediately he got up, Mr Diprose remained out about half an hour. I was then absent about three quarters of an hour looking  for my bullocks, returned we got our Breakfast and went out together towards the

p221

lagoon we remained searching the forest two or three hours, returned to his House, where he gave me some dinner and a letter for Mr Mulgrave. I came away between two and three o clock leaving my bullocks in his charge, Peat had not returned from Mr Willis’s.

Thomas X Bostock

his mark

Taken before me at Launceston

this twenty fourth day of September 1825

PA Mulgrave JP

Thomas Bostock Respecting

Lieutenant Dalrymple’s property

p222 [Oct 1829 in blue pencil]

Van Diemen’s land

to wit

Be it remembered that on the fifteenth day of October in the year of our Lord one thousand eight hundred and twenty nine at Launceston in the said Island of Van Diemen’s Land sworneth? before me James Gordon Esquire one of His Majesty’s Justices of the Peace for the said Island and its Dependencies Thomas Johnson of Launceston in his own proper person and giveth me the said Justice to understand and be informed that John Mc Diarmid of Launceston aforesaid did on the night of the fourteenth day of October instant in the year aforesaid harbour on his Premises Emma Holman a convict illegally at Large whereby the said John McDiarmid hath become liable to forfeit and pay a fine of fiftey Spanish Dollars according to the form of the Act in Council passed on the 19^th January 1825 whereupon the said Thomas Johnson prays that the said John McDiarmid may be summoned to answer to this information and make his defence thereto

signed Thomas Johnson

Exhibited and taken the day and year first above written

signed James Gordon

p223

Van Diemens Land

To Wit

Be it remembered that on the Twenty fourth day of October in the year of our Lord one thousand eight hundred and twenty nine John McDiarmid of Launceston was duly convicted before us James Gordon and William Barnes Esquires two of His Majesty’s Justices of the Peace upon an information in that behalf exhibited before the said James Gordon Esquire on the fifteenth day of October in the year aforesaid for that on the night of the fourteenth day of the said month of October the said John McDiarmid did in His Dwelling House in Launceston Harbour, suffer to be and remain Emma Holman a convict contrary to the Form of the Act of Council passed on the nineteenth day of January one thousand eight hundred and twenty five we do in pursuance of the act in such case made and provided award order, and adjude, that the said John McDiarmid do for such offence forfeit and pay the sum of fifty one Spanish Dollars to go and be distributed  as in and by the said act is provided beside the cost and charges of and attending this conviction which said costs and charges we the said Justices do hereby ascertain and assess at the sum of nineteen shillings and sixpence.

Given upon our Hands and seals

the day and year first written

Signed James Gordon

Williams Barnes

p224

Charles Smith a Constable sworn saith on the 14^th of this month of October I found Emma Holman a convict on the Premises of Mr John McDiarmid I saw them in his Brewery at eleven o clock on that night. I found Her upon a temporary loft in the Brewery Mr Mc Diarmid said he was sorry he had taken the woman away and begged me not to say where we had found Her she had absconded from the Hospital and had been reported as an absentee at the Police Office.

Signed Charles x Smith

his mark

Sworn before us at Launceston

the 24^th of October 1829

[glued in note]

Launceston Jan 27^th 1825

Received of Pet Mulgrave Esq eight Dollars and three quarters being part of the value given for a forged ten dollar note of acct of Champion & co on the 22^nd October last

William Smith

p225

Thomas Johnson

v John McDiarmid

harbouring Emma Holman

a convict on the 14^th October 1829

Decided 24^th October 1829

Fined 51 dollars

Johnson

Smith

p226 [Nov 1825 in blue pencil]

Dear Sir,

I fancy’d Jone’s treatment for his own story, to have been rather more. He told me that with the exception of the periods stated in the enclosed he worked at agricultural work for sunrise till sunset when not employed in the way of his trade. Therefore I consider the quantity of clothing issued by his master insufficient. If that appears to be the case he ought to be released to the public works.

Believe

Dear Sir

Your most faithful and obed servant?

WL Balfour

PA Mulgrave JP

Launceston

7^th November  1825

p227

Cornwall

Van Diemen’s Land

To Wit

The information and complaint of Anthony Jones a Convict, who being sworn saith, I am an assigned servant to Mr Charles Barnard of the River Tamar, and have been in that Gentleman’s Service about fourteen months; I was assigned to Mr Barnard in July 1824 and have been in his service ever since, except eight weeks, when I was employed by Government. I have not received any Money or Clothing of Mr Barnard except one pair of shoes, one checked shirt and one old hat; when I first went to live with Mr Barnard he proposed to allow me to work at certain times for myself in lieu of wages; I went to work at Mr Stephenson’s on the seventeenth day of last March, I worked there nine days for which Mr Stephenson  gave me an order upon Mr Thomson of Launceston for upwards of two pounds. On Tuesday the 11^th day of October last my master allowed me to go to George Town to work for Doctor Owen, I returned to my Master’s House on Sunday morning to thirtieth day of October. Doctor Owen gave me an order for three pounds ten shillings on Mr Charlton for the work. I had done for him; I have also done work for various individuals whilst in my master’s service to the Amount

p228

of four or five pounds, which work I performed at night, for four or five months before I went to George Town to work for Doctor Owen, my Master refused to lewt me work for any one beside himself.

I have received no indulgences from my master except those already stated.

Anthony Jones

Sworn before me at Launceston

this fourth day of November 1825

PA Mulgrave JP

p229

Jones vs Barnard

Decided 8^th November 1825

[Balfour in pencil]

p230 [Dec 1825 in pencil]

the information of Samuel Russell. I am an assigned servant to John Tibbs junior. On Saturday last the thirty first day of December about eleven o clock in the forenoon I was upon my masters farm on the bank of the Tamar when five men came to the place where I was falling trees, three of them were armed, one of them I knew to be Thomas Jeffries the Flogger, he had a pistol and a Musket, two of the other men had a Gun each and one of them a knapsack the two unarmed men were servants to Mr Barnard, these had a knapsack each upon their shoulders, one of them armed men exclaimed drop your axe and we will give you a better job today, Jeffries seized hold of me and tied my hands with a piece of a whip which he had with him and drove me before him towards my master’s House when we got near the House toe Dogs barked, one of the armed men desired me to call my masters I did so he came out with his wife and child one of the Bushrangers called our to my master to stand, Jeffries, two of the armed men, one of

p231

Mr Barnard’s men and I went into the House, Jeffries ordered the other Bushranger to take my Master, Mistress and Child and Mr Barnard’s other man who is called Walker into the Bush the same way as they had come and that he would follow with the rest of the Party, he ordered me to pack up such things as he pointed out, he collected a jacket, a pair of trowsers, two or three shirts, some Butter, some soap, a Bottle of wine, a pack of cards, a quantity of Dough, a little pepper which was in a piece of paper and about eight or ten pounds of sugar he ordered the whole of those articles to be put into  one of my masters Bags, and compelled Mr Barnard’s man to carry them, and made me carry a knapsack we left the House and joined the other Bushrangers with my master and mistress and Mr Barnard’s other man about two hundred yards from the House, we proceeded towards Mount Direction keeping a distance from the Public Road and shortly after fell in with William Franklin who was driving Mr Barnard’s cart and bullocks two hundred yards from us, Jeffries went to him and made him his Prisoner whilst Jeffries was taking Franklin, one of the Bushrangers went up to a man who is named Isaac a stockkeeper to Mr Basham, he ordered him to stand, Isaac said he would not stand, the Bushranger cocked

p232

[inserted small 3 pages x 15cm h x 10 cm w – 2 pcs]

Mr Charles Barnard present compliments to Mr Mulgrave begs to say his overseer delivered him  from Mrs Mulgrave yesterday a message that “Mr M would or would not sentence Jones until he should be informed whether Mr B- required him again” From Mr Barnard being short handed and the scarcity of Govt. men – Mr Barnard having now 3 hired servants on his farm – Mr B

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would wish Jones returned to him. Dr Mc Nat who very obligingly takes charge of this note will be good enough to state to Mr Mulgrave Mr Barnard’s inability to come to Town – or Mr B – would explain to Mr M many circumstances in Jone’s conduct highly aggravating of his offence and richly /in Mr B opinion/ deserving some severe punishment.

Rouge.mont on the Tamar

Septr 24” 25

p234

[1 small page of shorthand]

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his piece and said he would blow his brains out if he would not stand and ordered him to pick up a knapsack which Mr Tibbs my Master had just thrown on the ground, we all sat down and  waited  until Jeffries and Franklin came up to us then travelled about two miles in the same direction when my Master,Mistress and child,  Mr Basham’s  man /Isaac/ one of Mr Barnard’s men and two Bushrangers left us, the two bushrangers were tying my master’s and Isaac’s arms when we left them by order of Jeffries; Jeffries, Franklin, Mr Barnard’s man ?Walker/ and I continued out way, I do not know where the other party went to, after we had gone on about a mile farther one of the Bushranger’s which had been left with my master came running after us and called Jeffries on one side and spoke to him Jeffries returned back and the other man that had spoke to him went on with us, about a quarter of an hour afterwards I saw Jeffries the other Bushranger, my mistress and child coming towards us, Jeffries was carrying the child, my Mistress was crying, Jeffries desired us to hurry on and he and another of the Bushrangers separated from us taking the child with them; my mistress had begged Jeffries not to take her children from her

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he said she could not carry it, she said she would carry it as long as she could walk and when he was gone said the villain is gone to murder my child, Jeffries had previously ordered the Bushranger that was left with us to take my mistress under his charge, they went toward the left hand, I supposed that we were at the back of Mr George Barnards Farm at this time, about a quarter of an hour afterward Jeffries and his companions joined us they had not the child with them my mistress said oh you have murdered my child, Jeffries said, I have sent it to Mr Barnard’s by one of his Men we travelled until it was near dark when we found some water in a creek, Jeffries said we were then about nine miles from my master’s House, Jeffries lighted a fire made some tea and gave some to me and Mrs Tibbs, he did not offer any either to Franklin or Walker, we then all laid down round the Fire by Jeffries’s orders one of the Bushrangers kept watch, Jeffries made a bed about six yards from the Fire beyond our Heads with a Blanket and a kangaroo rug over it, in which he obliged Mrs Tibbs to lay on the opposite side from us with him, I heard no conversation pass between them, I did not hear her cry out during the night, I heard her fretting once during the night she was crying neither Franklin, Walker,

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or I were tied the two Bushrangers who were near the fire relieved each other several times in keeping watch, at Break of Day Jeffries got up and made some  Breakfast, and after we had all of us Breakfasted Jeffries said he should let walker go home with Mrs Tibbs, and pointed out the direction in which they were to go and went to the top of a hill with them, he returned and said he had put them into the Road and ordered us to march on, we travelled with the sun on our right about three hours when Jeffries permitted Franklin to leave us, I repeatedly asked him to let me go, he said if I bothered him he would blow my brains out, he desired Franklin to give me his jacket and Hat, and that he would keep me until the two Dogs which he had taken from my master got used to him, we travelled on until about one  o’clock when Jeffries ordered one of his companions and me to hunt, we caught a kangaroo about an hour afterwards Jeffries desired me to pull off my half Boots which were nearly

[end of text…]

p238  paper watermarked RAINLORD 8122

Russell information (in pencil)

Jeffried (in pencil)

December 1825

Bushranger Jeffries (in pencil)

p239 Dec 1825 in purple pencil

The information of Alexander Gardiner a convict assigned to Mr Andrew Barclay who being sworn saith about three months ago I was at my master’s hut on the Nile Creek. William Matthews and Henry King a sawyer were there on a Sunday morning, there were a number of cakes of mutton fat my master’s property in the Hut hear the head of Matthew’s bed about ten or eleven o clock he took ten or twelve of those cakes weighing about two pounds each put them into a handkerchief and carried them away. After he was gone King asked me if I suffered Matthews to carry away the fat. I told him I supposed one half of the fat belonged to him and the other half to my master, he said he had not claim upon it and I replied I would pannel / that is question/ Matthews about it when he returned. Matthews was absent about four hours King was present when he came back, I asked him what he had done with the fat, he said it did not matter that he had got no money for it,  I told him he should not take anymore out of the Hut as it was ???? for my master’s farm.

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and that I would weigh the cakes that remained in the Hut and see how much he had taken away. I took up several of the cakes of fat and put them on a form, Matthews got up apparently in a passion and put the cakes back to the place from whence  I had taken them and said I had nothing to do with them that they were his prerequisite, I put ten of them into a bag they weighed twenty eight pounds and a half with the Bag the Bag weighing three pounds.

I then said Matthews you may prepare yourself to go to the form tomorrow, re replied I hope you will say nothing to the Captain about it this time and I will sell no  more of it. I told him I would say nothing further about it if he did not take any more away. Henry King said I was right to prevent things from being taken away, Matthews did not tell me what he got for the fat he did not bring anything home with him.

About two months afterwards on some morning I do not know the day of the week,, I missed about forty pounds weight of fat which I had rendered up a few days before. I asked  Matthews if he had taken it eh said “Aye I am going to take it to the Farm, I asked him where he had put it we said he

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did not know what had become of it. I told him it was my turn to take the fat to the farm he said ti was his prerequisite and that he could do as l lived with his, I told him if he took it in he could get some soap for it, he left the Hut that day returned the same night and brought half a pound of soap with him which he said his mistress had given him for taking in the fat, I did not see where he took the fat from.

Alexander Gardiner (big signature)

Sworn before me at Launceston this twenty fourth day of December 1825

PA Mulgrave JP

The information of Andrew Barclay Esquire who being sworn saith, , I never gave William Matthews permission to seel any of the fat that is rendered at my Stock Hut or informed him that any part of it was to be his perquisite, I have ordered him to render down all the fat that was there and to bring it to my Farm I gave this order two years ago.

A Barclay

Sworn

p242

Sworn before me at laucneston this twenty fourth day of December 1825

PA Mulgrave  JP

Rex vs William Matthews

Felony

Decided 31^st Jan 1826

Bushrangers underlined in pencil

p243 Dec 25 in pencil

The information of Alexander Gardiner a convict in he service of Mr Andrew Barclay who being sworn saith I reside at my master’s stockhut on the Nile Creek with William Matthews my fellow servant on the morning of Friday the 16^th instant some person knocked at the Dorr whilst we were in Bed. I opened the Door and three men came into the Hut a tall stout man who had his nose broken and ear rings in his ears came in first he had a pistol in his hand, a think young man pale complexion with a musket in his hand followed him the third had no arms but a Bazil of an iron upon one of this legs. I asked if they were Constables the tall man said no. I replied “a bit of a one” he went towards a place where a musket belonging to my master was hanging up at the same time he gave  his Pistol to the man who had the Brzil on his leg and on  my also stepping  towards my masters musket this man said to the other two cock your pieces, he then took the musket down and

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loaded it, I do not know with what, he then desired me to give him seventeen or eighteen pounds of mutton that was hanging up, I hesitated and he desired me to make haste or he would yoke to and take more out of the Hut than he otherwise intended, he put the mutton into a canvas bar he also put about four pounds of bread into the Bag likewise a Blanket the whole of them the property of my master and about two ounces of tobacco belonging to me and a quarter of a pound of tobacco  belonging to Matthew Hales?/Kelso?  took from us, they stopped in the Hut about a quarter of  an hour when the tall man ordered me to carry the Bag in which the things were put and Matthew to carry a knapsack he brought with him, he took  back his pistol from the man to whom he had given it and devliered him my master’s musket he then obliged matthews and I to accompany them to a place called charity Plains where they rest themselves and this same man ordered me to fetch a large stone that was lying at a short distance as I returned to where the three bushrangers and Matthews were , I heard the tall man say to Matthews what Constable and Matthews  muttered some words which I could not distinctly hear I never told anyone what those words were the tall Man enquired why I had not put a cake of fat in the Bag which he had seen in the hut

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I told him I thought he had put it in himself He asked me what kind of a man Matthews was I told him he was well enough, this man then broke the Brzil off the leg of the shortest man and after waiting there about ten minutes he ordered us to go towards Mill’s Plain on our way he asked me if I had see the Constables he asked me which way they had gone I told him towards the Black Hills, Matthew and the pale faced man were before us, I heard Matthews tell him that I was a master’s man and that I had told my master he had sold some fat belonging to him they took Matthews and me about two miles further on they ordered us to sit down the three men then ate some cold meat and Bread and offered Matthews and me some we did not take any  soon after they had breakfasted the tall man told Matthews and I we might return but that if we said anything about what had passed until the next day they would pay us for it when they again fel in with us, about two minutes after we returned home Matthews said he was going to give information and that perhaps he would be in Camp before he came back, Matthews immediately left the hut I went to Mr Cotterill’s house and from\

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thence to my master’s and gave information what had happened.

When the constables left Mills Plain the night before they told me they were going to Mill’s Hut, I told Matthew that night I had seen the Constables and that there were Bushrangers out – I told Constable Smith the night before last at my Master’s Hut what the tall  man had said to Matthews at Charity Plains, another Constable was present. I was in fear of my life when the tall man ordered the other to cock their pieces, I supposed they meant to shoot me if I made any resistance.

Alexander Gardiner (signed)

Sworn before me at Launceston

this twenty fourth day of December 1825

PA Mulgrave

Rex vs William Matthews

aiding Bushrangers

p247 Dec 25 in pencil

The information and complaint of Ann Biffin wife of John Biffin who being sworn saith, I reside with my Husband at a place called Freemans Reach on the bank of the South Esk River, on Sunday evening, last the twenty fifth day of December instant, a little before sundown, I was in my husband’s House with my two children  John and Charles Biffin, the eldest of which is four years old, when some person came to the House and Knocked at the Door, and said open the Door, I answered I shall not open the Door, the same voice said, “open the Door, I want some fire”, I again said “I would not open the Door, and added, my husband is not at Home”, “No one shall come in without breaking the door open”  the Dorr /which was fastened by a bolt inside/ was immediately forced open and five men entered the House, I do not know either of their names, three of them are in the service of Mr Cox the Magistrate, the other two I have seen with Mr Wedge. I believe are in the service of Mr Wedge. I was not drunk at the time, I had been drinking spirits on that day one of Mr Cox’s men, called Joe, seized me by the throat and threw me upon the floor, I cried out murder, he put a

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handkerchief into my mouth and with the assistance of the other four men carried me out of the House and laid me down upon the grass, about fifteen yards from the House, upon clear ground in sight of Mark Munro’s residence, which was about a hundred and fifty yards off, the Man called Joe violated my person, and forcibly had carnal knowledge, I cried out murder, the other four men used me in the same manner, and all of them committed a Rape upon my person. I was held down by the throat by Joe whilst the other four men violated me.

I have several marks of violence upon my body which were occasioned by those men illusing me, neither of them struck me, I had a child in my arms when the men carried me out of the House as aforestated,  Joe threw it on the grass, neither of the  men spoke to me when they came into my House except the man  Joe who said “come out your whore”.

I have been upwards of five years married and have had two children of my husband, I am sure each of those men emitted whilst their private parts were in mine.

My husband did not come home that night, I was afraid to leave home, he returned the

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next morning and I went to Mr Cox the magistrate and informed him of what had happened on Tuesday morning.

Judith Coghlin told me on Monday morning that she knew the names of  the men who ill used me on Sunday evening.

I was not in company with either of those men on Sunday before they broke into the House.

A black man who lives at Mr Cox’s came into the House with those five men, and saw all that passed, they threw him upon me, but he did not violate my person, he scratched my face.

Ann X Biffin

her mark

Sworn before me at Launceston

this twenty eighth day of December 1825

PA Mulgrave JP

[black man  [iii]

p250

Ann Biff

vs

Worthington Joe/Long

dismissed Jan 2   26

[bushrangers in pencil]

p251

Cornwall

Van Diemen’s land

To Wit

The information of John Bavin free who being sworn saith I reside at Mr Smith’s Stock Hut near Piper’s Lagoon. Thomas Faro and Samuel Parry live with me, about a fortnight ago on a Wednesday or Thursday morning we all three left the Hut I returned about twelve o clock in the day and found the Hut had been robbed during our absence of a double barrelled Gun, a Fowling piece, a musket, four shirts, a new bed tick, a great coat, and upwards of a hundred kangaroo skins, also about three pounds of sugar which was in a skin called the false belly of a kangaroo, two or three days afterwards I accompanied Thomas Faro to Mr Dry’s Stock Hut which is about three miles and a half from the Hut where I live, Faro found this skin and sugar at the Head of a Bed in Mr Dry’s hut where the Prisoner Robert Hunt and another man whose name I do not know resided, Faro took the sugar away with him, neither Hunt nor his fellow servants were present, the next day I went with Faro to the place where Hunt was tending his masters  sheep and took the Sugar with us, and shewed it

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to Hunt who said “the other Man /I supposed he meant the man that lived with him/ had received the sugar of Mr Bryan’s Man, I cannot swear that this is the same skin and sugar that had been stolen from our Hut, the skin appears to be the same size and exactly similar to the one taken from our hut and the sugar is of the same quality  there is some cabbage seed amongst this sugar I do not know that there were any such seeds amongst the sugar that was stolen as aforestated I heard Faro tell Hut that he knew it to be the same sugar than was stolen from our Hut by the Cabbage seeds being mixed amongst it, I so soon as I found the hut had been robbed I looked about and found the back of some person’s leading from the Hut down to the River in a direction from our Hut to the Hut where Hunt and the other man resided, there were the tracks of two of three person’s I believe only two I am sure there were not the tracks of five or six persons.

John X Bavin

His mark

Sworn before me at Launceston

this thirteenth day of October 1825

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The information of Thomas Faro who being sworn saith I am an overseer to Mrs Mary Smith of Norfolk Plains and have charge of her sheep and cattle near Piper’s Lagoon where I reside with Samuel Perry and John Bavin, on Thursday morning the twenty ninth day of September ultimo I went from our Hut with Perry and Bavin to look after our sheep and cattle I returned to the Hut about six o clock that evening in company with Perry who had been with me the whole of the day, we found that our Hut had been robbed during the day of one double barrelled Gun, one fowling piece one musket, four shirts two or three pair of trowsers a bed tick some Tea some flour upwards a  hundred kangaroo skins and about three or four pounds of Sugar which was in a skin called the false belly of a kangaroo there were a few cabbagee seeds mixed amongst the sugar on the following morning Bavin returned to the Hut, he said he had returned to the Hut about the middle oof yesterday and had found the Hut robbed that he tracked some  men down to the River that he heard the Dogs bark and returned to the Hut again and found five men armed and two unarmed men, one of the men he said was

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in the service of Mr Livermore * that  they took away an old musket with them, suspecting Mr Dry’s two men who live about a mile distance from our hut I went to their Hut in the Monday following there was no one in the Hut when I went in. I took up a tin pot to get a drink of water there were a few tea leaves of the pot. I removed some bed clothes in the Hut and found this skin and this Sugar at the Head of the Bed they were under the Bed Clothes, the next day I saw Robert  (margin: Hunt and Sproul) Hut (Hunt?) one of the two men who live in the hut. I shewed  him the Sugar and said it was mine he said he knew nothing about it that his Partner had got the sugar from one of Mr Bryan’s men.

The sugar that was stolen from our Hut was of the same quality as this sugar and the skin is in every respects similar to the one we had lost the sugar is jointly the property of Perry, Bavin, and myself, there is about a pound of it is is worth six pence.

Thomas X Faro

his mark

Sworn before me at Launceston this eighteenth day of October 1825

H Simpson JP

p255

The information of Robert Upton a convict who being sworn saith I am an assigned servant to Mr Dry on Thursday evening the twenty ninth ultimo about sundown I was at Mr Dry’s Hut at Quamby when Brady McCabe Murphy and three other men came to the House, they were all armed, a young man named John Bavin, a Man in the service of Mr Livermore, and one of my master’s shepherds named Sproul were with them, there were eight of my fellow servants with me at the time, McCabe went into the House and looked under  the Bed and counted us, McCabe asked of Mr Compton was at Home, then went out, Brady ordered two of his companions to guard the Door and went down to Mr Compton’s House they had previously put Bavin, Livermore’s man and Sproul in the House with us they …the other four Bushrangers went down to Mr Compton’s House and in about half an hour afterwards returned with Ridley and a can of Cream in about twenty minutes the other two Bushrangers came up with Mr

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C Dry and another can of cream Mr Dry’s Carpenter who were put into the House with us, some of the Bushrangers returned to Mr Compton’s House and brought some more cream some tea, and lager, a double barrelled pistol, and a fowling piece, the pistol and fowling piece were handed over to Brady, who loaded them and gave them to his companions, they then made some tea and forced us to take a part of it before they would touch it themselves. McCabe said he had left a few things at Mr Compton’s House which he should distroy he then went down to Mr Compton’s House and shortly afterwards returned McCabe took some Tobacco from under his clothes and served each man a piece of it except Mr Dry the Bushrangers shortly after went away taking with them a Damper? Mr Dry’s Poney  and ordered Bavin to accompany them, I heard Bavin say that the Bushrangers had come from his mistress Mrs M Smith’s Hut that afternoon and that they had made him accompany them to shew them where Mr Dry’s Canoe was the Canoe was about a quarter of a mile from the House, I think one of the Bushrangers named Murphy had a double barrelled Gun the others I believe all carried muskets they

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had no  luggage with them. Brady wore a Monkey Jacket a dark coloured one. I think it was between ten and eleven o clock when they went away.

Robert X Upton

his mark

Sworn before me at Launceston

this fifteenth day of October 1825

H Simpson

p258

The examination of James Sproul who saith I am an assigned servant to Mr Dry on Thursday fortnight /the 29^th ultimo/ I was going to my master’s house at Quamby as I was crossing some ploughed ground near the House a man came running up to me with a musket and a Bayonet fixed thereupon he said his name was McCabe he told me to stand I asked him what he wanted he said I must go back to the party of Bushrangers and took me about a hundred and fifty yards where I saw five men armed standing by the fence and two unarmed men Mr Smith’s man Bavin was one of the two men the other was a stranger one of the Bushrangers asked me who I was I told him I belonged to Mr Dry they came over the Fence and went across the Ploughed ground to the House

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where they were within twenty yards of the House they desired me to call two or three of the men in the House by name I did so one of them came out the Bushrangers asked if any arms were in the House the man said no this was about sunset I never seen the bushrangers before Hunt was with me that day until noon he left me to go to the Forest about an hour to look after some sheep when he returned and remained with me all the rest of the day.

The skin containing the sugar found in our Hut I got from a kangaroo that was caught by a Dog belonging to a man named Hooper near the Hut the sugar that was in the pouch I sent for to Launceston by Ticket of Leave man named George Young who was splitting for my master on the day he came to muster, the time before last it is about two months ago he brought me a dollars worth about seven or eight pounds I brought the dollar from England with me. I also brought this Jacket from England. I was at Mr Dry’s House and I took my clothes away therefrom the day before I come to Launceston (on the 5^th sept.) I slept in the Hut with Hunt that night when I crossed the river it was about noon, I swam across near Mr Reibey’s it was dusk when I arrived in Town.

James X Sproul

his mark

Taken before me at Launceston

this fifteenth day of Oct 1825

H Simpson

p260

The examination of Robert hunt a convict who saith I am assigned to Mr Dry and am employed with Sproul minding sheep at Quambys, I told sproul to go and look after some sheep in the morning of Wednesday week, which I supposed were about a mile and a half from our Hut the sheep were Ewes and Lambs that had been left out over night, Sproul did not return to the Hut and I did not see him again until I saw him in this office the day before yesterday the day after Sproul went away I reported to Mr  C Dry that he was missing we got the kangaroo pouch from some People who frequently hunt kangaroo near our Hut I never saw any dog  about the Hut except those with the People who came there I never went hunting I do not know that Sproul ever did, the sugar that was in the pouch found at the head of my Bed Sproul brought to the Hut, he said he had had a Dollar worth brought out of Town, there was about five pounds of it, iti s rather better than a fortnight ago since he brought  it to the Hut

Robert X Hunt

his mark

Taken before me at Launceston this fifteenth day of October 1825

H Simpson

p261

The further information of John Bavin who being sworn saith when I had got down to the River on the day Mrs Smiths Hut was robbed I heard the Dogs bark and went back to the Hut a strange man was walking  outside the Hut he was armed. I had a musket with me I called out to him and said if you take any more things from the Hut I will shoot you, five other men came out of the Hut they were all armed but one they said they were soldiers and said do not be afraid two of them I knew, they were Brady and McCabe, they came up to me and took my musket form me and took me to the Hut Mr Livermore’s man was in the Hut he was unarmed they forced me to cook some victuals? for them they were at the Hut about three hours they made me accompany  them when they went away Mrs Smiths Hut was robbed before I saw the Bushrangers there, they had not part of the property with them that had been stolen from the Hut McCabe had no arms with him until he took my musket, I am quite sure they had none of the arms that was stolen from our Hut that day I did not see either of them have a double barrelled Gun the double barrelled Gun that was stolen from our Hut that day was the property of Thomas faro if either of the Bushrangers had had that gun in my presence I must have know it

John X Bavin

Sworn before me at Launceston this twenty first day of October 1825

[no signature – Simpson?]

p262

The information of George Young a prisoner holding a Ticket of Leave who being  sworn saith about a month ago I was at Mr Dry’s House at Quamby where I work James Sproul came to me and asked when I was going to Town he said he wanted some sugar I told him I was not going for a fortnight but that I have some sugar in the Forest I could spare him a  day or two afterwards I took him about five or six pounds of sugar in a Bag he gave me apparently made out of a piece of old shirt he gave me a dollar for it, there was no cabbage seed amongst it, there was no seed of any sort amongst it, I was in Launceston on Thursday the 6^th or 7^th Oct I do not recollect seeing Sproul from the time I gave him the sugar until I saw him  about the 7^th Oct in the custody of chief constable, I never saw him at the House of Samuel Hyams

George X Young

his mark

Sworn before me at Launceston this nineteenth day of Oct 1825

H Simpson

p263

Rex v James Sproul

and Robert hunt

Felony

acquitted

21^st October 1825

Brady and McCabe in pencil

p264

Cornwall

Van Diemen’s Land

The information of Mr Robert Harrison who being sworn saith I am Master of the Government Brig Prince Leopold I know a Boat the Property of Major  Honnor? it was stolen from Hobart Town about seven weeks ago it was reported to have been taken by Henry Ashworth and five others – I was at Preservation Island on the twenty first of last November I saw Major Honnan’s ? Baot hauled up on the east side of the Island, James Munro resides there he told me that one the seventh of November six Men had come to the Island in that Boat and had robbed him of one bag of Bread one bag of flour sixty pounds of Sugar   five pounds of tobacco and a kangaroo Rug his property as well as a quantity of wearing apparel, and a quantity of clothes belonging to persons sealing in the Straits who had left them in his charge, whose Boxes those six men had broken open  that they stopped there two days during which time the Schooner Governor Brisbane immediately stood out to sea, and the six men who were well armed with muskets and pistols

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went away with Major Honnor’s Boat and their plunder to Cape Barren, Munro further stated that some days afterwards a man name Tucker and several other sealers touched at Preservation Island in a whale boat, and went from thence to Cape Barren in pursuit of the Robbers, and brought Major Honnor’s Boat back to Preservation Island. On Monday the twenty first instant I was near Cape Barren on my way to Preservation Island, I saw three men on the Beach on the West Side of Cape Barren, I know one of them was Henry Ashworth a prisoner, they made a smoke, but not knowing who they were I did not go down to them.

This information had already been taken to Hobart Town.

Rob Harrison (signed)

Sworn before me at Launceston this second day of Decemberr 1825

PA Mulgrave JP

Rex v Ashworth and others

2^nd December 1825

Pres Island – in pencil

p266

Memorandum of articles in the possession of the under mentioned prisoners and owned by them at the Police Office on the 16^th December 1825

James Feigh

Pair drill trowsers

worsted cap

pr m

pr grey trowsers

pr half boots

shaving brush, palon? and razor

spoon

knife and fork

four nonks?

Henry Ashworth

pr duck trowsers

flannel shirt

white do

blue jacket

? under waistcoat

striped do

collars and pad

canvas bag

purse, sent box

quantity of kangaroo sinews

John James Mooring

1 small bag

tobacco quantity

fishing lines &c

1 pr cotton drawers

1 blue trowsers

1 black silk handkerchief

1 striped waistcoat

2 box keys?

1 patched jacket

I striped cotton shirt

I checked do

I worsted cap

1 pr do stockings

1 moccasins

1 spoon

1 tinder box

Thorn and Martin

I drab jacket

1 pr duck trowsers

1 blue jacket

1 clothes brush

1 hat stick

1 worsted cap

1 looking glass

2 towels

1 shawl

1 pink striped handkerchief

1 false? collar

I blk silk waistcoat

I paper inkpowder

1 knife fork and spoon

1 razor strop

1 white neck cloth

p267

List of articles belonging

to four runaway convicts

taken at Cape Barren

December 1825

p268

Van Diemens Land

to wit

The information of Mr James Gildas who saith I am a Settler and reside on the West Bank of the Tamar about sixteen miles from Launceston. last Sunday the twenty sixth day of February about three o clock in the afternoon I was in my House when four men came into the Room where I was sitting they were armed with muskets and bayonets fixed and pistols in their Belts, I did not know either of them one of them said they were a party in pursuit of Bushrangers  and asked me if I had seen Brady and his Party I said no, I asked if they had any more people with them they told me they had a few soldiers on the Hill / I supposed they meant the Hill near my House/ one of them went away and in a few minutes returned with six other men three of whom were armed with muskets and pistols the other three were unarmed, I did not see them bring any knapsacks or Bundles to my House one of the Men looked like Brady but I did not know him as he was much stouter than  when  he was at my House about eleven months ago one of them who I afterwards heard called Bird said to one of his companions Murphy take that Man in charge and pointed to me with his Bayonet. I then knew   they were Brady the Bushranger and his Party. I had rather better than half a sheep salted in my house the Bushrangers cooked it and some potatoes which they took from my Garden, Bird asked me if the Commandant

p269

had gone up from George Town I told him I did not know Murphy asked me if a Boat that was lying in a creek near my House was mine I told him it was not that it had been lying there a long time out of the water and would not swim. Bird and Murphy said they should try her, shove off into the river, board the Commandant’s Boat, shoot him, cut off his head and throw him into the River, I begged of them not to do any thing of the kind, and said the Commandant had a large family, Bird put his Bayonet to my face and said I will give you six inches of steel if you do not hold your tongue, a short time after Murphy said he had seen to the Supply River before he came to my House and was talking to two women there, and that where was an old Boat there but that she was swamped and no good, after they had got their dinner they put my sheep into my yard and killed and dressed one of them; the next morning after breakfast the Bushrangers made some oars, launched the boat and took her from the Creek to the Jetty, towards the evening of that day they said as the Commandant’shad not come up the river they would taken me to the heads seize the Pilot’s Boat there and take me and Parish the Pilot into the Straits and board the first vessel they saw and then turn us adrift, I again told them that the Boat was not fit to carry them they said if that was the case they would go to Launceston and to

p270

old Dickey Dry’s, and from thence to Mulgrave’s and the Commandant’s Cottage, for there was nothing to prevent them, about dusk that evening I heard someone say there is a Boat coming down the River, I looked out and saw the Government Launch /Harriott/ under sail about a mile and a half off, the Bushrangers said they would bring her to and five of them went outside the house with their muskets and Bayonets fixed.

Watson one of the unwarmed men asked me if I would fetch a saucepan which was standing in the adjoining room with some boiled meat in it for their supers, I went out, a Scotchman named Goodwin /who had received order not to let me out of this sight was conversing with Murphy about the Boat that was coming down the river/ did not follow me when I went out of the door, I then made my escape and made the best of my way to Launceston where I arrived early the next morning. After the bushrangers had been there some time they brought a large knapsack and five or six bundles into the house, I saw five or six silver sups with handles and six silver table spoons in possession of the Bushrangers which they took out of a napkin in which there appeared to be several other silver articles. Bird and Murphy and Bird and the boy played at Cards whilst they were sentinels over me

(signed) James Gildas  (this is not Gildas signature – next deposition is original with his signature)

Taken before me at Launceston this second day of March 1826

p271 (exact copy of above)

Van Diemens Land

to wit

The information of Mr James Gildas who saith I am a Settler and reside on the West Bank of the Tamar about sixteen miles from Launceston. last Sunday the twenty sixth day of February about three o clock in the afternoon I was in my House when four men came into the Room where I was sitting they were armed with muskets and bayonets fixed and pistols in their Belts, I did not know either of them one of them said they were a party in pursuit of Bushrangers  and asked me if I had seen Brady and his Party I said no, I asked if they had any more people with them they told me they had a few soldiers on the Hill / I supposed they meant the Hill near my House/ one of them went away and in a few minutes returned with six other men three of whom were armed with muskets and pistols the other three were unarmed, I did not see them bring any knapsacks or Bundles to my House one of the Men looked like Brady but I did not know him as he was much stouter than  when  he was at

p272

my House about eleven months ago one of them who I afterwards heard called Bird said to one of his companions Murphy take that Man in charge and pointed to me with his Bayonet. I then knew   they were Brady the Bushranger and his Party. I had rather better than half a sheep salted in my house the Bushrangers cooked it and some potatoes which they took from my Garden, Bird asked me if the Commandant

had gone up from George Town I told him I did not know Murphy asked me if a Boat that was lying in a creek near my House was mine I told him it was not that it had been lying there a long time out of the water and would not swim. Bird and Murphy said they should try her, shove off into the river, board the Commandant’s Boat, shoot him, cut off his head and throw him into the River, I begged of them not to do any thing of the kind, and said the Commandant had a large family, Bird put his Bayonet to my face and said I will give you six inches of steel if you do not hold your tongue, a short time after Murphy said he had seen to the Supply River before he came to my House and was talking to two women there, and that where was an old Boat there but that she was swamped and no good, after they had got their dinner they put my sheep into my yard and killed and dressed one of them;

p273

the next morning after breakfast the Bushrangers made some oars, launched the boat and took her from the Creek to the Jetty, towards the evening of that day they said as the Commandant’shad not come up the river they would taken me to the heads seize the Pilot’s Boat there and take me and Parish the Pilot into the Straits and board the first vessel they saw and then turn us adrift, I again told them that the Boat was not fit to carry them they said if that was the case they would go to Launceston and to

old Dickey Dry’s, and from thence to Mulgrave’s and the Commandant’s Cottage, for there was nothing to prevent them, about dusk that evening I heard someone say there is a Boat coming down the River, I looked out and saw the Government Launch /Harriott/ under sail about a mile and a half off, the Bushrangers said they would bring her to and five of them went outside the house with their muskets and Bayonets fixed.

Watson one of the unwarmed men asked me if I would fetch a saucepan which was standing in the adjoining room with some boiled meat in it for their supers, I went out, a Scotchman named Goodwin /who

p274

had received order not to let me out of this sight was conversing with Murphy about the Boat that was coming down the river/ did not follow me when I went out of the door, I then made my escape and made the best of my way to Launceston where I arrived early the next morning. After the bushrangers had been there some time they brought a large knapsack and five or six bundles into the house, I saw five or six silver sups with handles and six silver table spoons in possession of the Bushrangers which they took out of a napkin in which there appeared to be several other silver articles. Bird and Murphy and Bird and the boy played at Cards whilst they were sentinels over me

(signed) James Gildas  (this is   Gildas actual signature – very shaky – previous deposition was not with his signature)

Taken before me at Launceston this second day of March 1826

PA Mulgrave (signed)

END OF  VOLUME 1 BOX 2