ms 3251 1821-1844 box 1 vol 2

ECHOES OF BUSHRANGING DAYS IN VAN DIEMEN’S LAND: BRADY, MCCABE, PERRY, GEFFREYS, AND BRITTON
1821-1844
Manuscript 3251 Vol 2 in box 1  516pp.  Collection of the National Library of Australia

TRANSCRIPT:

p1

Sept 1821 in blue pencil

The information on oath of William Thomas who saith this morning between 7 & 8 o clock Richard Pitt came into the kitchen and asked Flagherty where the maul and wedges were. I lightly made my answer. One of the wedges that was broken lay on the floor and Pitt took it up and I said Flaghterty you broke this Wedge. Flaghterty said it was but splintered. Pitt made answer that he would charge him, Flagherty with it a great many words occurred until Flagherty told Pitt he was a lyar. Pitt afterwards struck Flagherty. I do not know at this time whether Flagherty had a knife in his hand or whether he seized one at the moment, but immediately after Pitt had struck him he stabbed Pitt with a large knife which was taken from him I put in charge of Donohue. Sworn before me this 4th day of Sept. 1821

James Cox MP

William Thomas [signed]

p2 torn  off left corner

In consequence of the information on oath or William Thomas hereinto annexed you are hereby directed to apprehend Patrick Flagherty and cause him to be brought forthwith before me one of His Majesty’s Justices of the Peace in and for Van Diemen’s Land to answer to the Offence exhibited against him in said Deposition. I for so doing this is your warrant.

Given under my hand I Leach/A Heal?

Launceston this 4th day of September 1821

Mr Thomas Massey Chief Constable or either of the Petty Constables for the said County

James  Cox JP (Signed)

p3

Launceston July 13th 1822

Inquisition on the body of James Sharp assigned servant to John Derbyshire taken before Thomas Archer Esq Coroner

and a jury of twelve good and lawful men. viz

Mr Richard White, Mr Henry Boyle, Mr John Dell, Mr George Burgess, Mr John Ford, Mr James Steele, Mr Edward French, Mr Joseph Shaw, Mr William Kenny, Mr Peague Harrasson?, Mr James Lissford?, and Mr David Williams. The Jury being sworn proceeded to view the body.

James Morley sworn says, I reside on the farm of Mr Derbyshire

p4

which is situated on the eastern bank of the North Esk River about five miles from Launceston I act there as a kind of overseer over the men, the deceased  Mick James Sharp was one of the men and James Dorington is the other one last Sunday week the thirtieth of June last I left the Hut where we all lived together and went to Timothy Daley’s about a mile and half from our Hut, when I left the hut the deceased was well and hearty, on the Saturday following, the sixth of July inst I returned to the Hut and found James Sharp laying in bed very bad and a cut over the left eye apparently about an inch in length. I asked him how it happened, he told me he had been down to Mr Brumby’s watermill and that he was robbed as he returned from the Mill by two men who had ill

p5

used him and inflicted the wound over his eye, he told me he did not know either of the men, but that one had a kangaroo jacket on. The deceased told me that he was robbed and illused on the Tuesday night after I left the Hut, namely the second of July, James Dorington fellow servant of the deceased appeared to take great care of him and fed him, they appeared to be upon friendly terms, the deceased told me that the two men who  had beaten him robbed him of some Tobacco, the deceased was a very healthy young man and I believe the ill treatment he experienced was the cause of his death.

I enquired of Edward Yates who has charge of the Mill whether the deceased had had any liquor when at the Mill on the day mentioned by the deceased

p6

and Yates told me he had not had any liquor there and that he was there on the Monday and not on the Tuesday; the deceased was delirious after Sunday last and died on the Tuesday following. namely the ninth inst. I questioned Dorington on the subject who told me that the deceased went our on the Tuesday morning after I left the Hut with a man name Mr Clayton who drives Mr Brumby’s cart, for the purpose of assisting in search for Mr Brumby’s bullocks, that he found the bullocks and returned again in about three hours with Clayton and Clayton told him to come down to the mill in the evening and he should have some rum or Tobacco for finding the Bullocks. Dorington further told me that the deceased went down to the Mill in the evening

p7

remained out all night and returned that following morning to the Hut, cut and bruised in the way in which I saw him and Mr Hill’s two stock keepers Richard Stanton and William Springfield were going by our Hut with their cattle and let the deceased into the hut.

James Morley (signed)

James Dorington sown saith, I am on eof John Derbyshire’s servants, James Morley is Derbyshire’s overseer, the deceased James Sharp was my fellow servant and resided with me in the same Hut. Last Sunday week James Morley came to Timothy Daley’s where I was at work and   sent me over to the Hut on Derbyshire’s farm and desired me to remain there working in the garden, I reached the Hut late on Sunday evening

p8

and found James Sharp there, on the morning of the Tuesday following a man named Clayton came and asked the deceased to go with him to find his bullocks, he went with Clayton and found the bullocks and returned again to the hut with Clayton. James Sharp was at this time quite well and hearty, Clayton said to the deceased I expect we shall have some rum from town and if you come down in the evening I will give you some for your trouble, the deceased went in the afternoon down to the Mill and did not return that night, soon after day light next morning the deceased came home by himself staggering as if he were drunk and as he came near the Hut Mr Hills two  stockkeepers whose names I do not know passed at the same time, I went up to the deceased and perceived that he had a cut over his left eye and that his face

p9

was bloody, I asked him where he had been he said he had been to the Mill and that two men had bear him in the Wood as he was coming from the Mill, he did not smell at all of liquor, nor did he appear to have been drinking, when he got into the hut he laid down, he did not tell me that the two men had robbed him, but said that they had beaten him for nothing, and thought that he should know them again when he got well; the deceased told me that two men beat him with a stick, and that he had laid in the woods all night, I gave the deceased some bread to eat and some sissting? coffee to drink. He several times got up and walked about out side  the Hut. James Morley told me he went by the Hut one Saturday last kangarooing and I saw him return on the Sunday morning with a load of kangaroo.

p10

I cannot recollect whether it was the Sunday of Monday last that James Morley returned to the Hut, the deceased got worse on Sunday last and got very light headed and continued so till he died was   either on Tuesday night or Wednesday last. Mr Hills two stockkeepers went up to Sharpe when he came to the Hut on Wednesday morning and talked to him and appeared to be friendly, one of the two men had on a kangaroo I cannot swear whether either of Mr Hills stock keerpers had on a kangaroo jacket or not on the morning they were speaking to the deceased, but one of them does frequently wear a kangaroo skin jacket.

James Dorington (signed)

p11

Wm Clayton sworn says, I have a ticket of leave and have been living with Mr Brumby as his hired servant for the last twelve months at his Water Mills on the North Esk River. I knew the deceased to be a servant of John Derbyshire and have seen his frequently, last Monday week I went to Derbyshires Hut and told the deceased that I had lost my master’s bullocks he offered to go and assist to find them, he found the Bullocks and called to me I went across the Bush to him and we drove the Bullocks to Derbyshires hut, I told him to come down in the evening and he should have some rum for his trouble, he came that evening and there was no rum for him, the deceased left the mill an hour before sundown well and hearty and rook with him two dogs which he borrowed from Edward Yates for the

p12

purpose of hunting, these dogs were tied to a string by which the deceased led them, the Dogs returned to the Mill the following day (Tuesday) about noon without the string, I did not hear that the deceased had been hurt and was ill until last Sunday when I was searching for my bullocks and went to Derbyshire’s Hut to ask if they had seen them, I then saw Sharp for the first time after we parted on the Monday evening, he was laying in the Hut wrapped up in a Blanket, and while I stood at the fire he got up to go out he fell down with weakness, I asked Sharp what was the matter with him he said I am very ill and I observed that he had a black eye, when he fell he called out Jem Jem pick me up, do that much for me and give me some water, I asked  the deceased several questions, but he was too weak to reply, I asked Dorington what was the matter with Sharp, who said,

p13

he has been going out and getting drunk and some one has met him in the Bush and ill used him and said that he did not think there was much the matter with him but that he was skulking and neglecting his work. I told Dorington that he ought to be ashamed of himself for not procuring assistance for the deceased who was very ill he said he could not leave the Hut as there was no one there but himself, the ill is only a mile from Derbyshire’s Hut. I did not leave the Mill on the evening after Sharp went away nor was I absent from the Mill after sunset on the Tuesday evening, I have frequently seen Mr Hills stockkeepers at Derbyshire’s Hut and they always appeared friendly

William X Clayton

his mark

p14

William Springfield sworn says, I am an assigned servant to Mr James Hill and have lived with him for the past eighteen months, Richard Stanton another servant of Mr Hills assists me in herding mr Hill’s cattle. These cattle graze in the neighbourhood of Derbyshire’s Hut, and I have sometimes gone to the fire in front of the hut. I have seen the deceased frequently, as also Dorington his fellow servant but never had any dispute with them; on the morning of last Wednesday week soon after sun rise I was driving Mr Hill’s cattle by Derbyshire’s Hut with Richard Stanton when we saw the deceased some staggering out of the Woods as if he were tipsey, one of his eyes was cut and hiss face covered with blood which had dried upon it, I asked him if he had been drinking be answered no and when we got close to him it appeared

p15

to be from weakness that he was staggering, he asked me to lead him into the Hut, which I did, he said he had been stopped by  two men who had taken away his things and beaten him and that he had been laying in the Bush all night; the morning I let Sharp into the Hut I had on a yellow jacket and so had Stanton; the kangaroo skin jacket I now have on I purchased last Thursday week from a women named Miller who resides at Mr Brumby’s farm about two miles form the Mill, I never wore a kangaroo jacket before last Thursday week, Richard Stanton never has worn a kangaroo jacket since I have been with him

William X Springfield

his mark

p16

Richard Stanton sworn says,  I knew the Deceased to be a servant of John Derbyshire’s, last Wednesday week when passing Derbyshire’s Hut I saw the deceased about fifty years off coming towards the Hut, he was staggering and as we went towards him he fell down, from weakness I asked him what was the matter he said he had been laying in the Bush all night, I observed his face was cut and bloody, but did not ask him what was the cause of it he asked me to lead him to his bed which I did and left him, I did not hear him say that he had been beaten and stopped by two men, nor did Springfield tell me so.

We drove Mr Hill’s cattle home on the evening of Tuesday week last before sun down and did not go out again that night. Springfield never had a kangaroo jacket before be bought the one he now wears from Mrs Miller.

Richard X Stanton

His mark

p17

Edward Yates sworn says, I reside at M r Brumby’s Mill on the North Esk river about three o clock in the afternoon of Last Monday week the deceased came to the Mill for some flour and for some rum which Clayton had promised him for finding Mr Brumby’s Bullocks, there was no rum and I could not let him have any flour, and he asked me to lend him my two Dogs, which I did, and he went away with them. Mr Clayton did not leave the Mill after the deceased went away until the following morning when he went to plough. I am positive it was on the Monday evening that the deceased came to the Mill, the Dogs returned about noon on Tuesday and did not appear to have been hunted, I positively swear that I have seen the person now pointed out

p18

as Mr Springfield in the woods with a kangaroo jacket upwards of two months ago, I know the man well by sight and have passed him frequently in charge of Mr Hill’s cattle; Mr Hills Cattle generally graze contiguous to Mr Derbyshire’s Farm and Mrs Brumby’s Mills.

Edward Yates (Signed shaky)

William Clayton called in again, deposed an oath and saith, I have occasionally seen Mr Springfield, one of Mr Hills Stockkeepers with a kangaroo jacket on in the woods in wet weather as far back as a month ago.

William X Clayton

his mark

p19

Timothy Daley sworn saith, I know WM Springfield by sight and by name and I can positively  swear that I have seen him in the woods with a kangaroo skin jacket on upwards of two months ago, I have known Springfield upwards of 12 months

Timothy Daley (signed)

James Morley called in again, deposeth on oath and saith, I have been on Derbyshire’s Farm nearly three months and during that time I have frequently seen Wm Springfield Mr Hill’s stockkeeper and he has always had a kangaroo  skin jacket on when I have seen him

James Morley (Signed)

p20

Richard Rowland Priest esq Colonial Surgeon sworn saith, I have examined the body of the deceased and find the left eye considerably bruised and a lacerated wound about two inches in length on the forehead a little above the left eye, there is no fracture of the skull or any other external mark of violence on the body, it is possible that a blow on the head may produce inflammation of the Brain although  there may be no fracture of the skill which unless medical assistance was afforded in all probability would destroy life.

RR Priest

Colonial Surgeon

Verdict wilful murder against some person or persons unknown

Thos Archer

coroner

p21

Ross Bridge

24th Sept 1823

Sir

the news?/men? you have been   kind enough to send summons? for Michael? Rice James Phillips and James Grady shall be sent in to  Launceston and  I beg leave to state that William Parsons and Henry? James servants to Mr Henry should be summoned in against James Phillips to prove sheep stealing or that Phillips when slaughtering sheep for the millitary stockkeepers he appropriated one of such slaughtered sheep to his own as other persons use also cope? ?mins to support the charges against Michael Rice and James Good

PA Mulgrave Esq

Sure

Your most obed servant

WM Thos Stocker (Signed)

p22

[ Black wax seal]

P.A. Mulgrave

Esq

Launceston

p23

Watch House report 23rd Oct 1824

Names By whom confined When confined offences
1 John Clemont court sentence 12 months gaol gang from the 5th Mo  1823
2 James Hill 12 months gaol gang from the 6th March  1824
3 Thomas Lang 12 months gaol gang from the 1st May  1824
4 George Fieldhouse h
5 Frederick Stone h
6 William Sunderland During Pleasure 31st Aug
7 Thomas Saunders 12 months gaol gang from the 2 h th June  1824
8 James Jackson 12  “
9 Fortune Guillois 3                        7th Aug
10 John Maker 2       4th Sept
11 William Cooper 1        29th sept
12 Robert Wright H        30th sept
13 Thomas Williams 12    2nd Oct
14 John Gould Rem of sentence do
15 John Briant 6 months from the 21st
16 George Deacon 14 nights sleep in US House from 19th Oct
17 Edward Layhe 14”
18 John Coates 14 “”
19 Charles Gray 14 “
20 Michael Mc Donald 28 “
21 John Clark 28 “
22 Redmond Bourke 9th sept. By order of PA Mulgrave esq
23 William Slack 19th Oct Remanded for further examination
24 Michael Collins Do  do
25 John Shannon C Firber By order of Lieut Kenworthy
26 Alexander Hill Owen Jeffery Neglect of Duty

p24

[back of previous page]

Note

Smith v Browne

Watch House Report

T Mr Lawson

Chief Constable

23rd Oct 1824

p25

POLICE OFFICE LAUNCESTON

EXTRACT FROM THE BLACK BOOK

2ND MAY 1825

NAME ORIG SENTENCE DATE OF SENTENCE OFFENCE & SENTENCE
Samuel Hoye life Sept 20 1824 Drunk and disorderly – twenty five lashes
Nov 8th Neglect of duty – fifty lashes
Nov 29th Do do  and disobed of orders 5 0 lashes
Feb 10th 1825 Do do fifty lashes
William Blair 7 Jan 3 1823 Neglect of duty – reprimanded
April 17 Absent from the hut contrary to orders – 25 lashes
June 19 Robbing the house of Jnr Berry – one month is the gaol gang
March 29 Being absent from the penitentiary 50 lashes

p26

George Town 1823 [blue pencil]

William Bruce /176/life/Hibernia/convict  employed as messenger charged by chief constable Lawson with being drunk and disorderly last night

please – guilt

fined – 5 shillings

John Gould  135/7/Lt Sidmouht/Cockburn

Convict employed in the Government brick field, charged with being out of his quarters last night without leave

Please – guilty

to work over  hours for one week and to be left in jail for that period after his work is done

p27

Feb 1st 1823

James Cockburn

Convict employed in the Govt Brick fields at Launceston charged by Mr Sinclair Superintendent of Public Works with being at large without a pass, yesterday and contrary to his express directions

Please – guilty

to work in the jail  gang one month

Feb 3rd 1823

Richard Gill/Hibernia/187/life Convict employed in Govt Brick Field charged with being out after hours on Saturday night last

please guilty

to work over hours a week and be kept in jail for the period after his work is performed

p28

Mr Giles Claudine /257/7/

convict employed in the Govt brick fields charged with being out after hours on Saturday night past.

plea – guilty

is dismissed

Constable Latimer  sworn saith I saw the prisoner Mr Giles in the house of a man named Boney in Launceston on Saturday night the 8th inst. at a quarter pasts ten o clock.

Alexander X Latimer

His Mark

To work over hours one week and be kept in jail after his labour is performed

John Thomson/Surry/58/7 convict employed in the Government brick fields charged with stealing a tin dish the property of a bag and two legs of mutton the property of George Pyle  on Saturday night last also with breaking prison

plea – guilty

guity of prison breaking, not guilty of stealing

p29

George Pyle sworn saith, the tin dish now produced was in a tub  at the back of the house where I lodge in Launceston on Saturday evening last I found it on Sunday morning in the house of a man named Matthew Keane ?, the canvas bag was in the fowl house near the tub, and two   legs of mutton in the water shed late on Saturday evening, I have not seen the bag or mutton since, I could not swear to the mutton or the bag if I were to see them, when I saw the dish at Matthew Caines on Sunday morning, Keans informed me that the Prisoner had just brought it into his house, it was my property

George Pile (signed)

The prisoner in his defence says that he found the dish with some meat in the swaongs?

50 lashes and work one month in the jail gang.

p30

William Whitehouse discharged no prosecutor appearing.

James Adkins/life/Dr Orange

assigned servant to Thos Ritchie esq charged by his master with disobedience of orders and neglect of duty

please guilty

25 lashes

feb 5th Launceston

John Butler /Frederick

E Henrietta/585/life

gaol keeper at the govt brick fields charged bby his overseer with being absent from his duty on Tuesday last and losing 2 spades, two wedges and one heaving iron

plea – guilty

the prisoner in excuse says there is no place in which the tools could be secured

to work in the jail gang one month

p31

John Phillips/Jno Berry/Ad Cockburn/84/5ft/4in/black/dark/27 yrs/old Bailey/feb 1818/life/London/butcher/round scar on left cheek/assigned servant to Mr Benjamin Bardon? of Hobart Town, charged by his master with disobedience or orders yesterday….

please guilty

returned into government works

Launceston 6th feb 1823

Michael Minnick 268/castle forbes/7/ PW charged with neglect of duty and disobedience of orders

plea not guilty

reprimanded (was advised to cut grass – had no shoes to protect his feet)

Launceston  7th feb 1823

Michael Farrell no8/7yrs/Chapman/Jupiter

convict holding a ticket of leave charged with being drunk and disorderly last night

please guilty

fined 5 shillings

p32

Wm Longhurst /250/life/Globe/E Henrietta/ convict holding a Ticket of Leave charged with being drunk last night

guilty

fined 5 shillings

George Smith /69/7/Alorah/Pilot/ convict holding Ticket of Leave charged with being drunk when attending muster yesterday

guilty

fined 5 shillings

Wm Smith/indefatigable/life/498

jno Young/Hibernia/7/

Samuel Chandler / Co Harcourt/life/382

convicts employed in the Govt launch charged by Mr Kenworthy with being drunk and disobedient yesterday

John Young and Samuel Chandler plead guilty

Mr Smith pleads, not guilty

Daniel Lee Private 48th Regt Guard to the Launch sworn saith, Yesterday evening Mr Smith in stepping out of the boat to go for the sail fell into the water and then went home to shift his clothes during his absence I went away with the boat towards George Town

Daniel X Lee

his mark

p33

Mr Smith is acquitted

John Young and Saml Chandler – 25 lashes each

William Lovill/115/7/castle forbes/convict employed in the public works, charged with being drunk yesterday when on the sick list

guilty

to be kept in jail one month

Richard Sydes and John Allen brought up for further examination are admitted to Bail to appear 1st Saturday in March to answer to the charge of having slaughtered feloniously a sow the property of Samuel Porter.

James Onell (no 132) Juliana/7/ convict employed in the Public works at Launceston charged with absconding for on Sat the 25th of January last and with hiring himself to Mr Davy of Norfolk Plains under pretence that he had lost his pass. pleas guilty  50 lashes and three months in jail gang.

p34

John Robert convict /148/coromandel

assigned to Thomas O Hara charged with being an accomplice in robbing Mr Coulson of Norfolk Plains and being brought up for further examination and there being no further evidence against him ,he is dismissed.

Launceston February 8th 1822

Thomas Pawley (free) and George Porter (free) charged with breaking the fence at Government garden Launceston on Thursday last  and entering the same with intent to take apples therefrom.

Pleas both not guilty

Michael Shields sworn saith, the Fence of Govt Garden was unbroken on Thursday morning about 9 o clock. I heard the watchman cry out, I went to the bottom of the garden saw two palings had been broken down, a hat? outside the paling with some apples near it, the apples were the same kind as those which were in Govt Garden, I saw the gardener running after some person across the swamps

Michael X Shields

His Mark

Benjamin Kinks sworn saith, I am overseer of the jail gang on Thursday morning last about 10 o clock I saw George Porter came through the fenced in Government Garden in company with another person, Porter hid himself behind a tree, his companion run into the swamp, the gardener and several persons pursued him, about five minutes after he

p35

came out of the Garden, Porter went towards Waddle’s? House with whom he lives , I have several times seen him come through the fence at Government Garden within the last three or four days.

Benjamin X Kinks/Hinks

his mark

William Stocker sworn saith, on Thursday morning last before I went to my breakfast the fence of Govt. Garden was unbroken at the side of the Garden when I returned from my Breakfast two paling were down and I saw Thomas Pawley in an apple tree gathering the apples, with his hat under his arms. I saw him put apples into his hat, I spoke to him and he ran through the hole in the fence and dropped the apples outside of it, he ran across the swamp, the Gardener went with me in pursuit of him but we could not overtake him, I have frequently seen Pawley and Porter looking about the outside of Govt Garden and requested them to keep off, the Prisoner Pawley threatened last night to serve me out because I informed against him.

William Stocker

X His Mark

Fined 10 shillings each

p36

Launceston 10th February 1823

My Benjamin Vardon [free] discharged by his servant with detailing a blue coat and Sunday clothes his property

Mr Vardon is ordered to deliver up all the clothes except the blue coat

Launceston 11th February 1823

Jaber Smith /218/castle forbes/ P Regent/ 7/ convict assigned servant to Mr Williamson of the New River charged by his master with disobedience of orders and neglect of duty and insolence .

plea guilty

25 lashes and returned into government works

Barnard Cosgrove PW /Globe/E Henrietta/ 7/527 and Jonathan Elsom ? /8/Lucas/Hibernia/Pr Leopold/life/47 convicts charged by Edward French with being drunk and disorderly last night.

both lead guilty

p38

Edward French sworn saith, the Prisoner Elsom after Cosgrove attempted to force his way into my house last night threatened to hew? my head round my shoulders before the night was out, both Elsom and Cosgrove were drunk and disorderly.

Edward French (signed – very  shaky)

Elsom 25 lashes

Cosgrove 25 lashes one month in the jail gang

At the intercession of the Prosecutor the sentence of floggin Elsom and Cosgrove is suspended, Cosgrove to work one month in the jail gang.

Launceston 12 Feb 1823

James Horsfield Claudine/367/7 convict employed by Mr Pitt of Launceston charged with being drunk, disorderly and insolent to Mrs Pitt yesterday afternoon

Plea guilty

fined 5 shillings

p39

Frances Ann Edwards /formerly Kennisett/prisoner charged by constable Lawson with being drunk and disorderly last night in the streets iof Launceston. fined 5 shillings.

Charles Edwards [free] charged by chief constable Lawson with being drunk and disorderly in the streets of Launceston last night and with assaulting and beating his wife Frances Ann Edwards

fined 5 shillings and bound over to keep the peace towards his wife

Mark Munro charged by Charles Edwards with violently beating and assaulting him in the streets of Launceston last night.

Charles Edwards sworn saith, about dusk last evening I was at my mother’s house at Launceston. Mark Munro called me out, as soon as I was out of the door he struck me in the face without any provocation, he also kicked my wife Frances and me Edwards and tore her petticoat, I fear that the said Mark Munro may do me some serious bodily harm.

Charles X Edwards

His Mark

Bound over to keep the peace towards the said Charles Edwards X his wife for the space of 3 calendar months.

p40

Joseph Hannagan /Providence/Lady Nelson/JP/Life/

by constables Latimer and Gardner with Being drunk and disorderly in the streets of Launceston last night and with exciting people to withstand them in the execution of their duty

Plea   guilty

Bound over to keep the peace six Calendar Months himself in   £20 and two sureties £10each

Launceston 14th Feby 1823

Mr Samuel Porter (free) charged by constables Alexander Latimer and George Gardner with obstructing them in the performance of their duty

Samuel Porter denies the charge

Constable Latimer sworn saith on Tuesday night last after nine of clock, I was attempting with constable Gardner to suppress a riot, when Joseph Hannagan said it was a shame that Constables should interfere with a free man, when porter said that no free man should go away with the constables without shewing their authority and struck at constable Gardener;

Alexander X Latimer

His Mark

p41

Constable John Gardener sworn saith on Tuesday night last Mark Munro was creating a  riot on the streets at Launceston about nine o clock I attempted to take him away, when Samuel Porter came forward and dared the Constables to take him away I said the first man that came nigh him he would knock him down

John X Gardener

his mark

Margaret McCarney (John Bull)

Convict assigned to Dr Donald Cameron of Launceston charged by her master with absconding from tis service on Sunday last and remaining absent till the following Tuesday, also with being frequently intoxicated

Please guilty

Returned into the Government works at George Town….

p42  pounds = alt 3  £

Launceston 15th sept   Feb 7, 1823

James Watts (no.389/7 yrs/Richmond) convict assigned to Mr Peter Lette of Laucneston charged by Constable Henry Perry with riding in his master’s cart on Sunday last without reins to guide the bullocks drawing the same

please guilty

fined 10 shillings

Mr Peter Letter of Launceston charged with having ridden? his cart and bullocks to be driven pm Sunday last when the Public road between Launceston and his farm contrary to the order of His Excellency the Governor in Chief dated the 21st January 1822

Mr Letter acknowledged the charged to be founded.

Fine 20 shillings

Mr Lette in excuse says that he was compelled to employ his cart on that day on account of his men being without provisions and the number of men allowed him from Government being unequal to the labour he wishes to have performed on his farm.

p43

Launceston 17th Feb 1823

John Smith/Hibernia/no 150/ life/ convict employed by Dr Mountgarrett charged with insolence and abuse and threatening to massacre him on the night of Saturday last.

Plea Not guilty

Sufficient evidence not being produced on either side Smith is returned into Government Works and the further hearing of the case deferred until Thursday week.

William Fenton 180/7/Richmond/convict assigned to Mr Munro of Launceston charged with disobedience or orders and insolence.

Plea not guilty

Mr Hugh Munro sworn saith, last night about 9 o clock I ordered Mr Fenton to wash up some tea things he refused to do so in an impertinent manner and went into the year, I followed him and ordered him to return to his work, he said he would not and that if I used him any ways ill, he would go to Mulgrave, I did not strike him, but threatened to do so, he has frequently disobeyed my orders at other times which I have put up with being short of hands.

H Munro (signed)

p44

John Maginnis sworn saith, I hold a Ticket of Leave and am employed by Mr Munro of Launceston I was there yesterday evening about half past nine o clock, Mr Munro called the prisoner Mr Fenton into the kitchen, he did not immediately come, before the boy went into the yard, Mr Munro told him that he would make his obey his orders, and shoved Fenton from his with his hands, I did not see him strike him, the Boy cried out and said he would not be struck by him, Mr Munro did shove him down upon a box, the Boy was impertinent I do no recollect what he said.

John Magennis (signed shaky)

Thomas Lynch sworn saith, I hold a Ticket of Leave. I was at Mr Munro’s house in Launceston last night, I saw Mr Munro in the kitchen;

Memo, the witness Thomas Lynch is ordered to jail for being drunk.

25 lashes and returned to his master’s employ.

p45

William Jones /69/14/Hadlow/Cockburn/ charged with being absent from muster yesterday

plea guilty

reprimanded

Wm Robinson/C Harwurt?/222/7/ assigned servant to Mr Smith of Launceston charged with being absent from muster yesterday

plea guilty

reprimanded

Daniel Simms /116/life/L Melville/ convict holding a Ticket of Leave employed by Mr Earle of Launceston charged with being absent from muster yesterday

fined, half a crown

Joseph Horsfield /Claudine/367/7/

convict on pass from George Town charged with being absent from muster yesterday

plea guilty

fined two shillings and sixpence

p46

Thomas Elliott /114/7/ P Orange  convict employed as Hut/Shot? keeper charged with being absent from his Hut contrary to orders

Plea guilty

The prisoner in his defence says he was away grinding wheat for bread which excuse being verified by Isaac Hyde – he is dismissed

Alexander Latimer (Constable) /168/14/Speke/ Caroline/  charged with being drunk yesterday

plea guilty

fined 5 shillings

p47

George Howe/Lowe? /Caledonia/7/149   overseer of town gang in Launceston charged with disobedience of orders and neglect of duty

plea guilty

fifty lashes and dismissed from situation

The corporal punishment at the request of Mr Kenworthy is remitted.

James Westwood  /Caledonia/240/life

Jno Bell   /Caledonia/life/562

Benjamin Gin /coromandel/14/177

convicts charged with neglect of duty and disobedience of orders

plea  James Westwood not guilty

Jno Bell not guilty

Benjamin Gin  Not guilty

Michael Dunn sworn saith I am overseer of a party of sawyers employed in the Bush, ten days ago I ordered Westwood to prepare two pieces of timber for the wharf he has not been employed in any work since by my orders more than a few hours, the posts remain unfinished, one man might have completed them in two days, John Bell and Benjamin Gin were ordered to erect a shed over a saw pit in the Bush, the camp gang were ordered to assist them, and by their assistance it might have been completed in a week, it is eight days since they were ordered to erect the shed, no part of which is made, or any part of the materials brought near the pit.

The prisoner  in his defence say that he had been prevented compleating the posts by wet weather and the want of time

Jno Bell and Gin say that they have cut down timber for the shed which was too heavy for them to carry

Westwood guilty 50 lashes

Benjamin Gin 25 lashes

Jno Bell reprimanded

p48

Launceston 21st April 1823

Benjamin Links/Kinks /Caledonia/232/7/ accused of disorderly conduct is dismissed no prosecutor appearing.

Phillips Frowd /Larkins/E.Henrietta/130/7/ charged with being in the jail yard after eight o clock at night and being our after hours

reprimanded

Anne Grant /Lt Wellington/7/ assigned servant to Major McLeod charged with

George Williams /Globe/E.Henrietta/7/480  Prisoner employed in PW charged with privately dealing a piece of nankin, a piece of calico, value 5 shillings and upwards from a dwelling house in Launceston the property of Joseph Nocks

Plea  guilty

the prisoner pleads guilty

Being his first offence, to receive 50 lashes

p49

Patrick Stafford /Bencoolen/Ad Cockburn/7/159  convict assigned to Matthew Morton of Dobson’s Plains charged with neglect of duty and disobedience of orders

plea guilty

25 lashes and be returned into Government employ at the intercession of his master the corporal punishment is permitted

Launceston 22nd April 1823

Moses Gilchrist no.69/life/Ly Castlereagh convict holding a ticket of leave charged with having in his possession two window sashes the property of Nathaniel Lucas Mr Wm Field value 20 s knowing then to have been stolen.

plea not guilty

Constable Henry Perry sworn saith on Friday last I went in company with Mr Prosser to search the skilling? belonging to Moses Gilchrist at Launceston upon the floning? of one of the rooms I found a bed and bedding not? even? on one side and upon raising the brands underneath them discovered the two sashes now produced, there was about half a pound of tobacco had upon a cloth, near? the sashes I know that Moses Gilchrist resides in the skilling where I found the sashes, those now produced are the same I found

Henry Perry

His x mark

p50

Mr Nathaniel Lucas sworn saith the sashes now produced were left in the house that I lately resided in Launceston about two months ago when I sold the house to Mr Wm Field.

Nath Lucas (shaky signature)

Mr Wm Field sworn saith about 3 weeks ago a pair of sashes were stolen from my house in Launceston which I purchased from Mr Nathaniel Lucas.

William Field (shaky signature)

To lose his Ticket of Leave, 50 lashes and be returned into Government employ.

H Simpson JP

Constable Phillip Riley /14/Morley/Queen Charlotte/ 316  charged with being drunk when on duty last night…plea guilty

fined 5 shillings

Launceston 22nd April 1823

Samuel Shynes ? /Medway/7/ convict assigned to Captain Ritchie charged by his master with insolent conduct and leaving his masters house on Sunday night last without leave

plea not guilty

Captain Ritchie sworn saith on Sunday morning the 13th inst Samuel Shynes was in my house

p51

and repeatedly broke wind for the purpose of annoying his mistress and myself, as he passed me I turned him out of doors with my hands, I swear that I did not strike him, on the evening of the same day he left my house without permission and remained absent till last night, he did not tell me he was going to complain of my conduct towards him

Thos Ritchie (signed shaky hand)

The prisoner in his defence says

25 lashes and returned to his master’s employ

Wm Anderson /109/7/C Harcourt/ convict assigned to Captain Ritchie charged with neglect of duty and disobedience of orders

plea guilty

reprimanded

p52

Launceston April 24th 1823

Anne Grant assigned servant to Major McLeod charged with being drunk and disorderly on Friday and Saturday the 18th and 19th inst. and with absconding from her master’s service.

plea not guilty

Major McLeod sworn saith, on Friday last a constable brought Anne Grant to my house from Launceston whither she had gone without my permission on the preceding Wednesday she abused me called me an old Rogue and Scoundrel on Saturday the Prisoner and Alice Brown were both drunk about sunset, Alice Brown was sitting in the verandah making a great noise, I desired her to go into the back room and not expose herself in that manner, she said it was sundown and she would work no longer for me or any one ???, I again ordered her to her room or I should be obliged to force her, she again refused to go, I laid hold of her to put her in, she said strike me if you dare, I said, I would not strike her, but put her in to her room, I laid hold of her for that Purpose, when Anne Grant came from the kitchen and endeavoured to take Alice Brown from me. I might have pushed her from me, I swear I did not strike her or Alice Brown, Anne Grant attempted to strike me, Allen Mc Donald was assisting me to take Alice Brown away

p53

from the verandah, when she threatened to take his life and attempted to strike him with an iron tray, Mrs McLeod afterwards desired Anne Grant to do some household work she positively refused, she appeared at the time to be intoxicated in the course of the evening she left the house.

D McLeod (signed)

  1. Talisker        Donald McLeod  ?-1838               arr.27 Nov 1820              Major 56th                     Breadalbane
  2. Glendessary   Donald McLeod  ?-1838               arr.27 Nov 1820              Major 56th                     Breadalbane

Allen McDonald sworn saith on Saturday afternoon I was at the house of Major McLeod at Emu Plains with whom I reside as servant, about six o clock Alice Brown was drunk and disorderly in the verandah of the house, Major McLeod desired her to go into her room she refused to do so more than once, Mrs McLeod called me to assist the Major in frothing? her into her room, the Major and myself were endeavouring to do so when Anne Grant who was also intoxicated came in and said we were choking Alice Brown and endeavoured to get her from me, Major McLeod used no unnecessary force towards Alice Brown, the same evening I went to my Father’s House by the request of  Mrs Mc Leod as Alice Brown had threatened to take my life, about 12 o clock the same evening Anne Grant came there and gave herself up, she said that Major McLeod had ill used her, Major McLeod had not ill used her to my knowledge

Allan McDonald (Shaky signature)

Returned to Government employ to the Factory during the Lieutenant Governor’s pleasure.

p54

James Mills /102/7/Ly Castlereagh convict brickmaker employed in public works charged with being drunk and disorderly and assaulting Mr Thomas Manning yesterday evening

please guilty

fined 5 shillings

James Donnington /82/7/Surry

George Mason /293/life  Co Harcout

convicts employed in the Public Works charged with being absent at muster this morning

plea guilty

reprimanded

John Dunhill /ocean/TL

charged with being drunk and disorderly last night

plea not guilty

p55

Mr? Augustus? Mr? Couston? charged with having obtained twenty one bushels of wheat from Dr Mountgarrett under false pretences is bound over to appear before a bench on Magistrates on Saturday 3rd of April to answer to the charge.

Launceston 29th April 1823

John Dunhill /ocean/TL  charged with being drunk and disorderly and abusing the Centinel of Duty at the Barracks on Sunday evening

plea not guilty

Alexander Owen Private 3rd Regt of Buff being sworn saith I was on duty as Centinel at the Barracks at Launceston, on Sunday night last a little after ten o clock John Dunhill was approaching my post when I challenged him he answered and said he was a friend, said he was a free man, that I  had no business with him, he would go wherever he liked, he appeared rather intoxicated and answered in a very disrespectful manner, I told him he might be a prisoner for all I knew, at least he appeared to be no good, I took him charge when he abused me

Alexander Owen (very shaky)

p56

Corporal Charles Christian sworn saith I was in the guard at the Barracks in Launceston on Sunday evening when Private Owen bought in John Dunhill in charge. Owen said that when he challenged Dunhill he desired him to kiss his backside, Owen was perfectly sober at the time, Dunhill said in my presence he did not care anything about the guard, he was a Face man of the Colony, he had been a soldier and knew a soldier’s duty, he had been drinking

Charles Christian

his X mark

Fined 5 shillings

John Ryan Government

Stockkeeper charged with neglect of duty in suffering some cattle under his charge to escape on the 23rd inst. and not returning the same

plea guilty

25 lashes

p57

Wm Malless (T.L) 42/life/Fame/Pilot

charged by Dr McNab with detaining tools which he had lent him and with refusing to? fray? him for the hire? of others recinding to agreement

\plea guilty

Ordered to pay £3 and return the mall ring and wdeges immediately

Launceston  1st may 1823

Nathaniel McKeridge (F)

David Daley (F)

charged with being out after hours last night

reprimanded

p58

Launceston 2nd May 1823

John Smith /Hibernia/150/life

Thomas Lomas /Juliana/156/7

convicts employed to Mr Barclay and Mr Wales charged with neglect of duty and selling rails for which they were sent into the Bush to spent?get

plea not guilty

Mr Therone Nevally??? sworn saith on Thursday week last 25th? I sent the prisoner Smith to the Bush to split paling, I was satisfied with the work he had done previous to that time, he took out on provisions in the Thursday, he came in again on the Saturday took out 12 pounds of meat and I believe 24 lbs of flour were taken, note in the whole, Thomas went our on Friday and returned on Wednesday for provisions. I had told him I would send out someone Tuesday or Wednesday when the last went out for stuff, the usual allowance to Smith and Lomas when in the Bush has been two pounds of  sugar and a quarter of a pound of tea. I was at the place where Smith and Lomas might have been at work on Wednesday but I asked Smith what work had been done, who said, he had only a little done, then 200 narrow palings split and 20 broad palings and that he had fallen bad knees, as I returned into Launceston I saw Matthew Cooper driving a cart with a load ….

p59

John Midgely 91/7/Ly Castlereagh

convict assigned to Mr Collicott charged with insolence and disobedience or orders of Saturday night

plea

guilty

returned into Government employ and to work one fortnight in jail gang

Edward Davis  28/life/Fame/Pilot

convict holding a ticket of leave charged with losing a letter entertaining subpoenas from the judge advocate Wylde summoning witnesses to appear before a Court of Criminal Jurisdiction to give evidence in behalf of the crown against John Moulds and John Smith, le the said  Edward Davis being drunk at the time he lost the said letter.

plea guilty

to lose his Ticket of Leave and Fined 5 shillings

convict ships

http://www.jenwilletts.com/Convict%20Ships.htm

p60

Patrick Dunn/7 yrs/Bencoolen/Cockburn/99

convict assigned to Mr Quinn charged with having lost his pass

plea guilty

fined 2” 6’

bencoolen = 1819

Launceston 18th February 1823

John Clayton no 125/indefatigable/life convict holding a ticket of leave charged with being absent from muster on the sixth of February

plea guilty

fined 2”6’

indefatigable = 1815

Joseph Plant  85/life/Shipley/Cockburn/ convict employed as Government Nailer charged with being drunk and disorderly last night

Shipley = 1822

Cockburn =

Thomas Lynch   Pilot/27/life

convict holding a Ticket of Leave charged with being drunk when attending the Police Office to give evidence yesterday

guilty

fined 5 shillings

p61

A Malay woman named Daney? formerly servant to TC Simpson Esq of Launceston appeared and upon being examined seemed totally ignorant of the nature of an oath and devoid of any sense of religion, upon being asked who was the Father of the Child with which she is said to be pregnant she said it was John the Cook at Mr Simpson’s, her manners were exceedingly confused her answers scarcely intelligible.

Launceston 19th February 1823

Edward Smith Malabar/ 369/14

convict assigned servant to Mr David Gibson, charged with being drunk and disorderly in the streets of Launceston last night

plea guilty

25 lashes

John Young  12/7/Pr Regent/Castle Forbes

convict employed in the Commandant’s boat, charged with being drunk in the streets of Launceston and absent from his Hut after nine o clock last night

plea guilty

25 lashes

p62

John Maginnis Guilford/E Henrietta/408/ 7

convict holding a ticket of leave charged with being out after hours last night and drunk

fined 5 shillings

John Roper /320/7/Globe/E Henrietta/ convict holding a ticket of leave charged with being drunk disorderly and out after hours last night

plea guilty

fine 5 shillings

John Kearne Kangaroo/141/7  convict supposed to be free charged with losing his pass and not obeying a summons from PA Mulgrave Esq Superintendent of Police

Guilty

Reprimanded for not obeying the summons, to pay 2”6’ for losing his pass

p63

Launceston 20th February 1823

Thos Walker /301/7/C Harcourt/ convict

assigned servant to Captain Barnard charged by his master with neglect of duty, drunkenness, insolence and beating his fellow servant James Gibson on Monday last.

Plea not guilty

Captain Barnard sworn saith, on one occasion  the Prisoner stayed two days from my service without leave, when he went away his clothes were new, and when he returned he had only a ragged shirt and a pair of trousers on, he lost on that occasion a new Hat, and a pair of shoes a fill? handkerchief and jacket, on Monday last James Gibson a Boy in my service came to me crying, his hands bloody  he said the prisoner had been beating him, on my questioning the Prisoner he admitted that he had done so, and said the boy had been saucy, but could not or would not specify what the boy had said or done to occasion his beating him. When I further questioned him respecting his beating the boy he put his face towards mine in a most insolent manner and with an oath said he would beat any boy or man that was insolent to him, or my threatening to take him before the Superintendent of Police, he said he did not care, any other place would do as well for him..

GA Barnard (signed)

p64

50 lashes and returned to his master’s employ

Wm Robinson /C Harcourt/7/222 convict

assigned servant to Mr John Smith of Launceston charged with disobedience or orders in absenting himself from his master’s house without permission on Tuesday night last

plea guilty

Returned into Government employ

The prisoner says he slept in the barracks.

Matilda Walker brought up for re examination charged by Edward French of Launceston with being accessory in the robbery of his house on the 12th inst. of a fowling piece, two hats, 1 pr trousers, several pair of boots and 1 pr of shoes the value of forty shillings and upwards his property she being his hired servant left in charge of his house on that day

Edward French sworn saith on Wednesday week last, I left Matilda Walker in charge of my house about sunrise in the morning the following articles were there when I left it (videluct) a fowling piece, two hats, 1 pr trousers, several par of boots, and one pair of shoes they were

p65

worth considerably more than forty shillings, I came back about 3 or 4 o clock in the afternoon of the same day and found the front door fastened, the back door a jar and the bed room door in a shattered state, I missed the aforementioned articles out of the house, about an hour afterwards Matilda Walker was passing my house much intoxicated. I called her in and asked her what had become of the things that were lost, she said she did not know, when I went away in the morning her clothes were also in the house and were gone when I returned, I therefore asked her what was also become of them, she said she had taken them to a safe place, I asked her where and she at length told me to the house of a convict name Sherman, who drives the Government bullock Cart, she pretended ignorance respecting the things belonging to me which had been stolen, I kept her in the house as my servant until the Monday following endeavouring to persuade her to tell me where they were, she still persisted that she did not know where they were, Therefore gave her in charge to a constable, before she came to live with me, she agreed to remain with me for ten weeks at a pound a week and as much longer as we could agree for, I became answerable for ten pounds accordingly, as her account on the twenty fourth of January last.

Edward French (shaky signed)

p66

Committed for further examination

Samuel Southall /334/Lady Ridley/7/convict

assigned to Mrs Waddle of Launceston charged by constable Ernest Smith with riding in his mistresses bullock cart on Tuesday last without reins to guide the beasts drawing the same.

plea guilty

fined 10 shillings

memo  – Andrew Winchester  no.228 sworn in as Constable at the recommendation of Thomas Archer Esq JP

Launceston Feb 28th 1823

Joseph Plant /85/Life/Shipley/Cockburn/convict employed as Govt nailer charged with being drunk and disorderly on the night of the 17th feby inst.

reprimanded

p67

Launceston 22nd February 1823

John Head (Constable) Sea Flower/Guilford/7/ convict charged with being drunk last evening when it was his tour of duty

plea guilty

Fined 5 shillings and reprimanded

James Puckeridge Pilot / Almorrah/7/ constable belonging to George Town, charged with being drunk and disorderly in the streets of Launceston yesterday

fined 5 shillings and reprimanded

Launceston 24th February 1823

Wm Nicholson /Globe/E.Henrietta/98/7/convict employed in his Majesty’s Hon? at Launceston charged with being drunk yesterday

fined 5 shillings

p68

Michael Collins/Ld Melville/14/135

John Davis/Fanny/Pilot/27/life

Samuel Hoye /Ly Ridley/life/307/ convict employed in the Public Officers boat charged with neglecting divine service on Sunday last

Michael Collins says he is a Roman Catholic appointed by the Revd Mr Connelly to send/recd? prayers to the Catholics at George Town.

John Davis and Michael Hoye plead guilty. Hoye in excuse says he was ill

Michael Collins acquitted

John Davis and Michal Hoye reprimanded

Launceston 25th Feby 1823

Elizabeth Leggett /Friendship/Dke Wellington/7/convict charged by Constable Cumberlidge with being drunk and disorderly in the streets of Launceston last night

plea not guilty

Constable Cumberlidge sworn saith, about eleven o clock last night, I saw the prisoner in the streets near Mr Field’s house, she was noisey and intoxicated she refused to go with me, called me a bloody floggerman. I took her to jail.

Thos X Cumberlidge

his mark

p69

Constable Head sworn saith, about eleven o clock last night I saw the prisoner Elizabeth Leggett about the streets at Launceston by Wm Fields she was drunk and disorderly

John Head (signed)

fined 5 shillings

Isabella Wittenham otherwise McKenney /Janus/Princess Charlotte/7/ charged with neglect of duty and disobedience of orders

please guilty

reprimanded

Timothy Daley  9CF)/196/Boyd/Trial/life   of Paterson’s Plains charged with riding in his cart without reins to guide the beast drawing the same on the 17th inst.

plea – acknowledges the charge

fined 10 shillings

John Gow /Atlas/E.Henrietta/14/327/convict holidng a ticket of leave charged with riding in a bullock cart belonging to Mr Donald Sutherland without reins to guide the beasts drawing the same on the 17th inst.

acknowledge the charge

fined 10 shillings

p70

Launceston 26th February 1823

Samuel Southall/Ly Ridley/334/7/convict assigned to Mrs Waddle of Launceston charged with bring absent from muster on Sunday last

guilty

fined 2”6’

Rebecca Barton charged with forcibly taking out of the house of Robert Wittenham Sunday certain articles by force yesterday the property of the said Robert Wittenham brought up for examination saith I was not in the house of Robert Wittenham any part of yesterday

Launceston 28th February 1823

Robert Boyand supposed free/Baring/Emu/7/ charged with being absent on the 6th of February, also with contemptuously refusing to obey a summons from PA Mulgrave Esq Superintendent of Police

Guilty

Reprimanded and ordered to pay the court fees

p71

Launceston 1st March 1823

Alexander Latimer /Speke/Caroline/168/14/convict, a petty Constable charged by Chief Constable Lawson with being drunk and insolent last night

guilty

reprimanded and fined 5 shillings

Launceston 3rd March 1823

Robert Brumby (F) and Thos Casney (F) seamen belonging to the Brig Nereus charged with being drunk and absent from their vessel without permissions on Saturday night last

plea guilty

fined 5 shillings each

p72

William Oliver 25/7/Guilford/Guilford/convict assigned to James Lyford charged with being drunk and disorderly last night

plea guilty

fined 5 shillings

John Young /Hibernia/D Leopold/7/

Thomas Ward 148/14/Hadlow and Cockburn

William May /261/7/Juliana/Juliana

convicts employed in the Government large launch charged with neglect of duty and disobedience of orders on Saturday last.

plea not guilty

John Lindsey sworn saith I am Coxwain of the large launch on Saturday morning last between eight and nine o clock Mr Kenworthy ordered the boats crew to come up to Launceston for wheat, the men said they were fatigued and tired, they had not been in bed for six or seven nights previous to Friday night last, they had been employed night and day upon the river. I mentioned this to DS C Gen Roberts who ordered a fresh boats crew. I reported what they had said to Mr Kenworthy and the men did nnot refuse to go in the boat.

John X Lindsey

his mark

p73

Decision

The whole of the charges being considered and the prisoner’s pleading guilty, is sentenced to be transported to Macquaries Harbour for their remainder of his sentence.

Launceston April 7th 1823

Mary Anne Thirley (Providence) life/ charged with being absent from her mistresses house last night without cause

plea guilty

reprimanded

Sarah Hopkins (Smith) Maria (E. Henrietta)/7/  charged with being drunk and disorderly on Saturday 5th inst.

Plea guilty

fined 5 shillings

p74

George Learn ?  (F) Nereus/ charged with being drunk and disorderly on Saturday last

plea guilty

fined 5 shillings

Andrew Winchester /228/life/Guilford/  a constable charged with being drunk and disorderly when in the jail, attempting to break open a cell where females were confined with an axe.

plea guilty

Sentenced to be dismissed from his Office of Constable, to be sent to George Town and recommended not to be assigned for 6 months.

Launceston 8th April 1823

Mary Massey (Friendship) charged with having a bag in her possession the property of the crown

not guilty

Benjamin Kinks/Hinks? says, the Bag now produced was left at my lodgings at Launceston about six weeks ago by Thomas Saunders overseer of Bricklayers who is now at George Town with a bed, blanket. he therefore used in to keep his trowels in

Benjm X Hinks

his mark

p75

George Barrell a prisoner employed in the Public Works saith, the Bag now produced is similar to one that Thomas Saunders overseer of Bricklayers used to keep his trowels in when at Launceston this was lent to me on Saturday morning by Mary Massey to fetch my rations in

George Barrell (Signed)

Thomas Saunders to be summoned

Launceston 9th April 1823

Richard Beard Prisoner employed in the Public Works confined in jail by order of Mr Kenworthy esq is by his request this morning released.

Joseph Gadesby holding a Ticket of Leave sworn in as Petty Constable for the District of Norfolk Plains.

Mr Thomas Reibey appeared to answer to the complaint of James Myers for non payment of Wages, at the rate of fifteen shillings per month from

p76

Wm Reibey states that he never made any agreement with James Myers for wages that he took him out of charity from Captain Gardon?, that he sent him out to live at his stock hut that where he neglected his duty and when he in consequence sent him  into Town to his Brother he absented himself from his service altogether and hired himself to Mr Barrell.

Complaint dismissed

John Sharman /228/7/coromandel

charged by Edward French with having in his possession a hat his property, stolen from his dwelling house in Launceston on the 12th Feby last. The Deposition of Edwd French given on the 29th ultime being read.

The prisoner in his defence says that he exchanged the hat with Wm Maunders for the one now produced.

WM Maunders being examined saith

p77

that he received from Sharman a straw hat and the handkerchief that Shannon has now on upon examination the handkerchief which Maunders said he gave to Shannon speared to be received from him as the black hat was considerably of more value that the straw hat

guilty

25 lashes and 3 months in jail gang at Launceston

Wm Maunders (P Castlereagh/7/85) for giving evidence that was evidently false in the complaint against John Shannon is sentenced to lost his Ticket of Leave and be returned into Government Employ.

Launceston 11 April 1823

Phillip Joseph is admitted and sworn in as Constable

p78

George Mason complains that Mr Matthew Conney  has not paid him one months wages from the 3rd of March to the 5th of April.

It appearing from the prisoner’s own admission that he had received 16”3’ Mr Conney is directed to pay him five pence more being at the rate of tend pounds per annum.

John Goulds /Ld Sidmouth/7/135/

Edward Burke /Cockburn/G Harcourt/408/life

charged with neglect of duty and disobedience or orders in leaving their work yesterday morning the 10th inst. when sent to the Basin to assist in washing the hospital clothes.

plea guilty

25 lashes

Joseph Bonney  587/Globe/E.Henrietta/7  charged with disobedience of orders and neglect of duty in being absent from muster on the 4th inst.

The prisoner pleads guilty but in excuse says that he had gone away to get his dinner and returned within ten minutes after 3 o clock.

This being the first time of his being brought to this office he is reprimanded.

p79

James Eddington  /58/Dromedary/14/ convict assigned to Mr Lynch charged by constable Clark with being insolent when asked for his oats and saying that he was servant to Mr Saltmarsh

plea guilty

reprimanded

Launceston 15th April 1823

John Clark (FS) charged with being drunk and disorderly last night

plea guilty

fined 5 shillings

Thomas Saunders /Surrey/7/140/ charged with having a bag in his possession the property of the government

Deferred till master appears

p80

John Weston /Ann/lsyerry?/life/CF/ charged with aiding and abetting Bush Rangers

plea not guilty

Acquitted for want of evidence

Thomas Hindley /Guilford/7/

charged with aiding and abetting Bush Rangers

plea not guilty

Acquitted for want of evidence

John Starkey /Juliana/287/life/AS. R.Stonehouse/  charged with being an accessory in the Robbery of Mr Collicott’s house discharged for want of evidence.

Launceston 16th April 1823

Mary Anne Kirby /Providence/life/ convict assigned to PC Simpson Esqr charged with disobedience of orders in stopping out all night without leave

plea guilty

to be sent to the Factory at George Town to be recommended not to be assigned for 3 months.

p81

John Brown /Almorah/life/80/charged with throwing a brick bat at and braking the arm of a child belonging to Mary Leggett.

[nothing else here….]

Launceston April 17th 1823

Thos Flemming T.L/151/7/for M=Wm Bensley/E.Henrietta charged with being drunk and disorderly in the streets of Launcceston last night

plea guilty

fined 5 shillings

Wm Ward Almorah/Pilot/7/56 convict employed in the PW charged with being drunk in the streets of Launceston last night

Plea guilty

This being the first offence, reprimanded

Jno Miller /Dromedary/184/7/ convict employed in PW charged with being drunk and disorderly in the streets of Launceston last night with selling? the Magistrates at defiance.

plea not guilty

Constable Latimer sworn saith I saw the prisoner with several others after bell had rung last night in the streets of Launceston he said no bloody Constable should stop them in the street and after Mr Mulgrave

p82

had taken him into custody, he said he did not care for a flogging he had been flogged before and he could not bear it again

Alexander X Latimer

His Mark

50 lashes and confined in a cell one month on bread and water

Alexndr Preston /Tottenham/P Leopold/7/63/

Wm Blair /Hibernia/7/186

convicts employed in PW charged with disobedience of orders in being absent from the Boat Hut this morning.

Alexr Preston is reprimanded

Wm Blair it being his second offence to receive 25 lashes

Edward Murdoch /Hibernia/14/133/

Timothy Coen /Ld Melville/life/142

convicts employed in the PW charged with beating and robbing Mrs Lyssard? in the streets of Launceston on Friday night last

Mrs Ann Lysford sworn saith, on Friday evening last I was robbed of my stocking, shoes, silver, spoon, work brush, a towel, and Housewife on the streets of Launceston on Saturday evening. I saw the prisoner Edward Murdock and challenged him as being the person who had

p83

robbed and beaten me, he said it was not him who had ill treated me but said he would do his utmost to get me my things back again, he went away and returned in about an hour and a half and delivered me the articles beforementioned which I had been robbed of the preceding evening, Anne Sydes was present when I charged him of having ill used me and  he then said he was the man who had ill used me and put a handkerchief in my mouth after I had been robbed and beaten on the Friday night, I believe a man who is name Timothy Coen led me from the place where I had been ill treated into a Green Hut. I told him who I was, he said he was very sorry, he thought I was some young woman he then led me home.

Anne X Lyford

Her mark

The prisoners are remanded for further examination

Michael Isaacs /12/life/Hibernia

Thomas Hoard/ L Castelreagh/82/life

convicts employed the PW charged with having put Bush Rangers over the River Tamar

Plea not guilty

The prisoners in their defence say that the men they took? across the River were Jeremiah Dunmmore and Jnr Brook Shingle Splitters. Acquitted for want of evidence.

p84

Elizabeth Leggett /Friendship/Duke Wellingtom

Convict employed in the Public Works charged with being drunk and disorderly yesterday

Ordered to be sent to the Factory at George Town.

Joseph Wiggins charged with having in his possessions a Government shirt.

Ordered to appear before a Bench of Magistrates.

Joseph Furnival sworn and admitted a Petty Constable.

Launceston April 18th 1823

Constable Henry Perry 9/P Regent/Castle forbes/105/14/  charged with being drunk and disorderly last night.

plea guilty

charge 5 shillings

p85

John Williams /St Kitts/ 18 years of age /Marshall Wellington

went up to Sydney in the Wellington, returned in the Adml Cockburn, Negro, charged with having deserted from the Cockburn and being at large without permission of the Lieutenant Governor.

The prisoner to be employed in the Public Works till an opportunity offers of sending him out of the colony.

Launceston April 19th 1823

Charles Smith, sworn in Constable in the room of John Clark appointed Constable at the Punt.

Mr Thomas Manning  the Ship Inn in Launceston charged with suffering tippling in his house yesterday contrary to the statute

Thos. Manning acknowledges the charges

Fined ten shillings.

insert

2 x LOOSE PINK A5 RECEIPT PAGES JOINED WITH A PIN

HOURS  11.30-12.20

2.30-5.30

Saturdays excepted

Phone 198

83 St John st Launceston

Apl 1930

Mr JA Ferguson

Bought of AF Ridge

Dealers in Antiques & c

VOls Manuscripts

VDL letters

£120

May 1930  £30 paid off

24/7/30 £30 paid off

9/2/31  £20 paid off

31/3/31  £20 paid off

1d/2d Tasmania stamp duty stamps

£20 paid off

by cheque

frt 5 32

a Jr Ridge

thanks

6/?/1931

SLV

in 1930

an average factory worker’s wage per annum was £204 (male)/£99 (female)

an average manager/clerk’s wage per annum was £364 (male)/£145 (female)

thus £120  was about 1/3 annual wage of J Ferguson = equiv. of $20,000 + P.A. today.

p86

Wm Taylor /169/Richmond/7/convict assigned to TC Simpson Esq charged with riding his master’s cart without reins to guide the Beasts drawing the same.

please guilty

fined ten shillings

Launceston March 12th 1823

David Forbes /Shipley/Pilot/7/ convict employed in the PW charged with absconding form his employment

plea guilty

25 lashes

Launceston March 13th 1823

James Westbrook /Caledonia/14/240 convict employed in the Public Works charged

p87

Launceston March 14th 1823

John Grymes prisoner employed in the Public Works complains that he has been under paid by Mr Boney Storekeeper for work done on Mr Commissary Walker’s Farm at the Red Bank during Harvest having received thirty five shillings for one months labour…

Mr Joseph Bonney sworn saith John Grymes was employed by me on account of Mr Walker in taking care of the 9 bullocks on the farm, on one occasion he suffered them to stray onto Captain Ritchies wheat and they were consequently  pounded by Captain Ritchie’s servant also that he was incapable doing a day’s work in reaping and that he was well fed whilst ion the farm and allowed two glasses of spirits in each day.

Joseph Bonney

Decision

The prisoner complainant  to receive the difference between the sum already paid him and three pounds being at the rate of 15 shillings per week for the time he was employed on Mr Walker’s farm, deducting from such difference nine shillings the pound fees clear difference 16 shillings.

p88

Launceston March 15th 1823

John Briant (Ld Melville/7/140/ convict assigned to Mr Wm Saltmarsh charged by his mistress with secreting himself under the bed of his mistress in the absence of Mr Saltmarsh on the night of the sixth inst.

Plea Guilty

The Prisoner being called upon to say what he has to say in his defence has nothing  to advance

Fifty lashes

Thomas Jeffrey (20le) (Ld Hungerford/7/ convict government man to Mr Kenworthy Esqr, charged by Dr Priest Colonial Surgeon with absenting himself form the Hospital last Thursday night.

Plea guilty but he says in excuse that he was taken with a giddiness in his head and was obliged to lay down in the Govt. Stable where he remained all night.

In consideration of the Prisoner having been confined two nights in jail he is only reprimanded and ordered to go back to the Hospital.

p89

Maurice Healey /142/life/Morley/Cockburn/ convict employed in the Government Launch charged with neglect of duty yesterday and being drunk.

Plea not guilty

Chief Constable Lawson sworn saith, the Prisoner was brought to me yesterday evening by Constable Cumberlidge who had apprehended him by order of Mr Kenworthy Esqr, he was then in a state of intoxication and unfit for duty, I would not have trusted myself in a boat with four men in the state he then was.

George Lawson (shaky signature)

Chief Constable

John Davis sworn saith, I am certain of the Blue Boat belonging to Government, I came up from George Town on Wednesday night last the Prisoner Healey was one of the Crew, we had no duty to do since we have been at Launceston  yesterday afternoon about two o clock, Mr Kenworthy ordered the Boat to beget in readiness when the Prisoner and another of the Crew named Gardener were absent from the Hut occupied by the Boats Crew, the Prisoner had been away about an hour without leave, he is not one of the regular crew belonging to the boat which was prevented from going to George Town last night by the absence of Healy and Gardener.

John Davies (signed)

p90

25 lashes

George Gardener /329/life/Neptune/Adml Cockburn

convict employed in the Govt Blue Boat charged with absenting himself from the boat yesterday without leave and going to Norfolk Plains without a pass

plea Guilty

to work one month in jail gang at George Town

Launceston 17th March 1823

James Watkins /Coromandel/life/206/ convict assigned to TC Simpson Esq charged by his master with being drunk and abusive last Sunday evening.

Plea Not Guilty

TC Simpson Esq sworn saith last evening about six o clock, the Prisoner came to my house, he had every appearance of being intoxicated, he was exceedingly nosy, using repeated oaths in the kitchen, I told him to be quiet and go to bed, he said he was quiet I told him not to answer me again, or I would find him another lodging, he said, I am ready you may do as you like, he repeated this language several times, I at last sent for a Constable, his general conduct is orderly and

p91

civil

H Simpson

The prisoner being in too ill a state of health to receive a corporal punishment he is ordered to pay a fine of 5 shillings.

Launceston March 18th 1823

Wm Hayes /F.S. cf/Phoenix/Emu/ charged with being riotous and disorderly last night and attempting to rescue a prisoner named Richard Clydes from the Constables of PA Mulgrave Esq Superintendent of Police by violence in the Streets of Launceston between five and six o clock.

Plea guilty

Bound over to appear before a Bench of Magistrates on the 1st Saturday in April next to answer to this complaint and in default of finding 2 sureties himself in £50 and two sureties in £25 each, to be committed to paid.

Wm Monnaghan /F/charged with being riotous and disorderly last night with striking Chief Constable Lawson in the execution of his duty and also striking PA Mulgrave Esq Superintendent of Police.

please Not guilty

Chief constable Lawson sworn saith, between five and six o clock in the evening I was endeavouring to disperse some persons who were riotous about 150 yards from the Police Office Launceston when

p92

William Monnaghan struck me several times, I had requested him and his companions to depart peaceably before I used force to disperse them. I soon afterward saw PA Mulgrave Esq Superintendent of Police having Richard Sydes in his custody near Dr Priest’s House, the Colonial Surgeon, I saw William Monnaghan strike at Mr Mulgrave over the head and knocked his Hat off, I then knocked down Monnaghan and he was taken into custody.

George Lawson  (signed)

Chief Constsable

Constable Molt sworn saith, I was assisting Chief Constable Lawson yesterday in dispersing a mob near the Police Office, when I saw William Monnaghan strike him on the head, Mr Lawson attempted to persuade the men to disperse before he used force, I afterwards took him into custody, he struck me several times endeavouring to rescue Kennedy Murray and John Porter, who were both riotous and then assaulting the Constables, they  made their escape and I secured Monnaghan.

John Molt

His X Mark

Constable Andrew Winchester sworn saith, yesterday afternoon there was a tumultous? assembly a short distance front of the Police Office between fice and six o clock in the afternoon which Chief constable Lawson attempted to disperse by persuasion but ineffectually, the ringleaders appeared to be

p93

Wm Monnaghan, Kennedy Murray, John Porter and Connor Bourke, Kennedy Murray threw his hat up and said he did not care a damn for any Constable that he would not go away Mr Lawson then attempted to disperse the people by force, whilst he was attempting to do so I saw Wm Monnaghan frequently strike him. I assisted Constable Molt in taking the Prisonders into custody.

Andrew X Winchester

Hi mark

The prisoner’s committed to appear before the first Bench of Magistrates in the Month of April next to be assembled at Launceston, or to find bail for his appearance himself in £50 and two sureties in £25 each.

John Dogherty, FS/Genl Hewitt, Kangaroo/Life charged with being riotous and disorderly last night in attempting to rescue Richard Sydes from the custody of PA Mulgrave Esq Superintendent of Police in the streets of Launceston

Plea not guilty

PA Mulgrave Esq sworn saith, I saw a number of persons assembled in a tumultuous manner opposite the Police Office yesterday afternoon, I directed the Constables to disperse them if they were riotous shorter after, I saw them engaged with the mob, I went up and saw many persons maltreating Constable Lawson and the other constables, the crowd dispersed as I approached, I found Richard Sydes drunk

p94

and riotous, I took him into custody, and whilst conveying him, to jail, I heard several person’s near Mr Field’s house, say he shall not go to jail, I saw the prisoner John Dogherty and several other persons run furiously towards me attempts were made to force Sydes from my custody, when the constables came up and secured some of the ring leaders and I swear positively that the prisoner was one of those who attempted to rescue Sydes from me. My hat was knocked off in the scuffle but I do not know by whom

PA Mulgrave

Constable Andrew Winchester sworn saith, I was assisting Chief Constable Lawson yesterday afternoon in dispersing a crowd near the Police Office,, I saw John Dogherty amongst them and whilst returning form the jail where I had taken one of the Rioters I met and took him into Custody, he appeared active in the Crowd, but I did not see him strike any one, when I apprehended him he was going from the direction of the place where Mr Mulgrave had been assaulted.

Andrew X Winchester

His mark

The prisoner is committed for examination before the 1st bench of Magistrates in April next, to find sureties for his appearance himself in £50 and two in £25.

p94

Thomas Cole and John Hands confined for being disorderly last night dismissed for want of evidence

Charles King confined last night for being disorderly, remanded for contempt.

William King ?Ly Ridley/7/125  assigned servant to Jas Mc Nally charged with being drunk and disorderly in the streets of Launceston last night.

Plea guilty

25 lashes

Wm Carr/Dromedary/7/233/ convict employed in the Public Works charged with being disorderly last night

plea guilty

reprimanded

William Dye remanded for further examination

Abraham White /FS/Globe/7/483/E Henrietta/ one of the rioters last night is discharged for want of evidence.

p95

Wm Nicholson /98/Globe/E.Henrietta/7/convict in the PW charged with being drunk and disorderly on the premises of Mr batman last night

plea guilty

confined in a solitary cell 1 fortnight on bread and water

Margaret Dillon Smith /Janus/21/7yrs / convict wife to Smith of Paterson’s Plains charged with being drunk

plea guilty

reprimanded it being her first offence

Wm Dooley/Guilford/7/160

Wm Jones/Malabar/148/7

Shepherds assigned servants to Mr Dry, charged with neglect of duty and disobedience of orders in leaving their master’s flock unprotected yesterday and coming into town (sixteen miles) without permission from their overseer or master

plea guilty

fifty lashes each and returned to their master’s employment

p96

Thos Wright/Guilford/14/216

James Lovell /Elizabeth/ Admir Cockburn/86/life

Apbeth? Wilcock/429/7/Caledonia  convicts assigned to Mr Dry charged with coming into Launceston yesterday from their master’s famr (16 miles) without permission form their master of overseer.

plea guilty

25 lashes each

Launceston 19th March 1823

PA Mulgrave esq Superintendent of Police sworn saith on Monday evening last

Alexander Monnaghan charged with assisting in attempting to rescue Richard Sydes from the custody of PA Mulgrave Esq Superintendent of Police ion Monday evening last.

Plea Not Guilty

PA Mulgrave Esq Sworn saith, On Monday evening last, about six o clock I was taking Richard Sydes to jail for being riotous in the streets of Launceston, some persons near Mr Field’s house shouted out he shall not go to jail, a number of them ran furiously towards me

p97

and amongst them I saw Alexander Monnaghan who ran up close behind me, near the pales opposite Dr Priest’s house, immediately afterwards whilst I was struggling with persons who were attempting to free Sydes from me some on behind me knocked my hat off

PW Mulgraves Esq (signed)

Constable  Perry swown saith, On Monday evening last between 5 and 6 o clock I was assisting Chief Constable Lawson to disperse the crowd opposite the Police Office when Alexr Monnaghan threw me down I afterwards saw him nesar Dr Priest’s house along with the people who were attempting to rescue Richard Sydes he was on the path near Mr Mulgrave and I saw Mr Lawson strike him with a stick, he got up an escaped from the Constable.

Henry X Perry

his mark

The prisoner is committed for further examination before a Bench of Magistrates to enter into a Bond for his appearance himself in £50 and two sureties in £50.

p98

Rebecca Bartin (F.S) charged by Constable Molt with being drunk and disorderly in the streets of Launceston last night at about ten o clock

Plea guilty

to be imprisoned for one fortnight

Thomas Fitzackerly /Juliana/7/126/  convict employed in the public works charged by Mr Boney storekeeper with having in his possession a Government bag. The prisoner pleads not guilty, he says the bag belongs to a man named Rice, he is remanded for further examination.

James Rice  examined says the Bag is mine , it was given to me by a Soldier  of the 48th Regt who is gone to Hobart Town, he have me a spade with it which I have given up to the Constables in charge of the jail as I had no use for it. I know that it is a Government Bag.

Committed for trial before a Bench of Magistrates Fitzackerly discharged

p99

Thomas Dye/phoenix/Life/258/convict employed in the Public Works confined on suspicion of being concerned in robbing an old man named ………Simpson of a pair of boots on Monday night whilst he was laying drunk in the yard belonging to Isaac Hyde about 8 O clock on Monday evening.

plea not guilty

dismissed for want of proof

John Porter /F/ charged with tumultuous assembling with divers other persons in front of the Police Office in Launceston on the afternoon of Monday last, with refusing to depart when requested by Chief Constable Lawson and setting the Civil Power at defiance

\

Plea not guilty

Chief Constable Lawson sworn saith, on the afternoon of Monday last, a number of persons were tumultuously assembled about 150 years from the Police Office in Launceston, I went up to them and frequently requested them to disperse some went away, John Porter, Kennedy, Murray and several others remained, I again requested  them to go home, when John Porter Kennedy, Murray stepped forward and threw down their Hats and said they would not go home let them see the constable that would take them to jail, I was going to assist Constable Molt

p100

when I was struck by some one I did not see I am others of the Constables were much beaten, (Questions) did I throw my hat? you took it off twirled it round and it fell on the ground.

George Lawson

Chief constable (signed)

Constable Latimer sworn saith, on Monday afternoon last, I went with Chief Constable Lawson to attempt to disperse a number of persons tumultuously assembled together about 150 years from the Police Office, Mr Lawson requested them  repeatedly to go quietly home, they refused to do so, Kennedy, Murray, John Porter and others threw up their harts and said here was not a Constable in Launceston should take them to jail, blows were when struck on both sides I do not know who struck the first blow, I saw Mr Lawson knocked down, I saw John Porter struck Mr Lawson with his fist whiles he was down upon the ground, John Porter then struck Constable Molt.

Alsexander X Latimer

His Mark

Bound over to appear before a bench of Magistrates on the 1st Saturday ion April and £50 and two sureties of £25 each.

p101

Connor Burke (TL/Francis & Eliza/Sinbad/ charged with resisting the Civil Power in the afternoon of Monday loast and violently assaulting Constable Molt in the execution of his duty

plea not guilty

Constable John Molt sworn saith, On Monday evening I went with Chief Constable Lawson to attempt to disperse a number of persons tumultuously assembled 150 yards from the police office, I heard Mr Lawson repeatedly request the people to disperse, the refused to do so and said they would not go, Kennedy, Murray, Connor, Burke and others said they would not go for any of the Constables Whatever, they were free men, they would not go for any Constable or other person, I told them if they would not disperse by fair means, rough would be used, John Porter then struck me with his fist between my eyes and Kennedy Murray attempted to get the stick from me, I threw him down I nearly fell whilst doing so, whilst I was in a stooping position Connor Burke struck me on the side of my face  with his crutch, Mr Lawson same up and rescued me from Porter, after that I saw a number of persons assembled nearly opposite Dr Priest’s house, I saw Connor Burke  among them, he said he would not go home for any person

John X Molt

His mark

p102

PA Mulgrave Esq Superintendent of Police sworn saith on Monday afternoon I went to assist Chief Constable Lawson who I observed engaged with attempting to disperse a riotous assembly in front of the Police Office as I approached him I saw him knocked down by some one and that him and several others of the Constables were without sticks or weapons of defence of any kind, Constable Lawson requested Connor Bourke to lend him his Crutch I also begged him to do so which he refused. Mr Lawson attempted to take it from him he forcibly withheld it, I went away taking Richard Sydes a prisoner, when I got nearly opposite Dr Priest’s House a number of persons rushed from before Mr Field’s House shouting I shall not go to Prison some of them attempted to rescue Sydes and afterwards I saw Connor, Bourke in the crowd and afterwards heard him repeatedly say that he would not go away till he liked although I repeatedly requested him to do so

PA Mulgrave

To enter into a Bond to Appear 1st Saturday in April before a Bench of Magistrates at Launceston £50 himself two sureties in £25 each.

p103

William Summers /Lady Ridley/7/ convicts employed in Govt Boat, charged with having in his possession several shirts a pari of trousers and other articles the property of Edward Ford Bromley Esq knowing them to have been stolen from the house of Mr Simpson at Launceston sometime last night of this morning they being of the value of 40 shillings and upwards

plea not guilty

Edward Ford Bromley esq sworn saith the articles now produced are my property I left them in the house of Mr Simpson yesterday evening, this morning my servant reported to me that they had been stolen

EF Bromley

Mr John Sinclair sworn saith, I found the articles of wearing apparel which Dr Bromley has sworn to as his property, this afternoon in the Custody of the Prisoner he was with inside the fence of the Old Hail in the yard there were two or three other persons inside the house the coxwain of Mr Kenworthy’s Boat was with him, the articles were in a Bag he had the mouth of the bag in his  hand, he held the bag behind his back as if to hide it from my view, I asked him what he had there he said some linen that he had found at the back of the jail the coxwain was close to him

p104

at the time. I took the Linen from him. As I went into the yard the Coxwain of the Boat was standing opposite the gate the prisoner was running round the corner of the jail from the back part of it, the prisoner told me he intended to have brought the articles to me

Jn Sinclair

Alexr Morrison /Dromedary/7/191/convict  coxwain in a Government boat charged with having in his possession several shirts a pair of trowsers and other articles the property of Edward Ford Bromley esq of the value of 40 shillings and upwards knowing them to have been stolen from the house of Mr Simpson at Launceston

Plea not guilty

The Coxwain (Alexanr Morrison) says there was no person in the jail besides myself and Wm Summers when Mr Sinclair came in. I was reading a book   a short time before when Summers same and told me that he had found some things hid in the weather boards of the house, I told him to give them to Wm Sinclair I went inside to look at the things and as I returned met Mr Sinclair coming into the yard.

p105

Summers says he picked  the things out of the lining of the jail whilst he was clearing the things out of the jail.

The Prisoners are sentenced to receive 100 lashes each to working in jail gang at George Town six months.

Kennedy Murray  (F) charged with tumultuously assembling with divers other persons in front of the Police Office on the afternoon of Monday last, with refusing to depart when requested by Chief Constable Lawson, and setting the Civil Power at defiance also with assaulting several of the Constales in the execution of their duty.

Plea not guilty

Chief Constable Lawson sworn saith on the afternoon of Monday last whilst I was attempting to disperse a tumultuous assembly in front of the Police Office Launceston, Kennedy Murray, repeatedly refused to go away pulled off his hat and threw it up twirled it round and said he wouldnot go away for any Constable I saw him and Constable Molt struggle together.

George Lawson

Chief Constable (Signed)

p106

Constable John Molt sworn saith on Monday afternoon last I was assisting Chief Constable Lawson in dispersing a tumultuous assembly of people near the police Office Launceston, I heard Mr Lawson advise the people to go home repeatedly, I saw Kennedy Murray threw up his hat and say he would not go home for any Constable, I attempted to take him into custody, he paid hold of my stick and attempted to wrest it from me He held me fast whilst John porter repeatedly struck me, Constable Latimer came up and rescued me from him I was much hurt in the struggle

John Molt

His X Mark

The Prisoner in his examination says he was so intoxicated he did not know what he was about

To find security for his appearance before the 1st Bench of Magistrates to be holden at Laucneston in April next himself in £50 and two sureties of £25 each.

p107

Launceston 26th March 1823

Patrick Malay /Guilford/7/124/ convict employed in the Government launch charged with being durnk disorderly and out after hours last night

plea guilty

reprimanded

Launceston 21st march 1823

Christopher Jackson /Bencoolen/Adml Cockburn/64/7/ charged by his master John Fawkner with being drunk and disorderly yesterday

Plea guilty

Confined one week in  a solitary cell on bread and water

Mr Richard Sydes (Free by servitude) Ganges/Lady Nelson charged by PA Mulgrave Esquire with being drunk and disorderly opposite to  the Police Office in Launceston on the evening of Monday last and with attempting to strike the said PA Mulgrave Esq whilst endeavouring to take him  to jail

Plea not guilty

p108

PA Mulgrave esqq sworn saith “on Monday evening last there was a riotous assemblage of persons in front of the Police Office in Launceston which were violently assaulting Constable Lawson and three Peace Officers whilst attempting to disperse them. I went to the crowd and saw Richard Sydes resisting the constable who was endeavouring to take him to jail, he I requested him to go with the constables peaceably. He said he would not, I told him he should go with me, her refused to do so and lifted up his arm twice as if to strike me, I told him if he did so it would be at the peril of his life, a number of persons stood around using menacing gestures an expressions, the constables had been disarmed in the affray. I told them to get their arms, I then took him up the street towards the jail, till I came near Dr Priest’s house as we  went along he disputed my authority to take him and said he would be revenged or word to that purpose, when at the corner of the street nearly opposite to Mr Field’s house a number of persons should out “He shall not go to jail” They rushed furiously towards me, and endeavoured to force Sydes from my custody. They at length did so. The constables at that moment came up, I saw Sydes knocked down whilst they rescued was attempted I do not know by whom, I was struck whilst endeavouring to prevent his escape, on the back of the head, I have reason to believe

p109

by a man named Monaghan. Several of the Ring leaders were then taken to jail, Sydes was allowed to go to his house that night. He appearing stupefied from the effects of intoxication and the blow he had received.

Richard Sydes is ordered to find bail for his appearance before a Bench of Magistrates to be assembled on the 1st Saturday in April next and in the mean time for his peaceable behaviour towards all his majesty’s liege subjects and especially  towards the said PA Mulgrave Esq

H Simpson (Signed)

Charles King  (free by servitude) Sir WM Bensley, Pilot

\charged with contempt of court

reprimanded

H Simpson JP

p110

Launceston 24th March 1823

James Gilchrist /Surry 1st/222/life assigned servant to Samuel Bryan Esq charged with disobedience of orders

plea not guilty

Samuel Bryan Esq sworn saith, about the twelfth of this month, James Gilchrist contrary to my most positive orders crossed the creek near my farm to cut timber on land belonging to Dr Cameron who has complained to Mr Cox on account of some person’s having done so, believing that they were the occasion of his Hut being burned, the Prisoner knew that is was Dr Cameron’s land.

James Bryan (Signed)

The prisoner in his defence says he did not hear the orders his master gave and he did not know it was upon Dr Cameron’s land that he cut the tree down.

To be returned into Government Employ

p111

John Curry /Genl Stewart/life/ 189/ convict employed in the Public Works charged with being drunk in the Streets of Launceston on Saturday afternoon and addressing himself to Wm Kenworthy Esq in that state

plea guilty

to work over hours one wewek

Margaret Mc Carney  Jno Bull/7 7rs/ convict employed by PA Mulgrave Esq charged with being drunk and disorderly in the streets on Friday last

plea guilty

to be sent to the factory at George Town

p112

Launceston 25 March 1823

Andrew Worthing /261/Juliana/7/ convict employed as Govt Stockkeeper charged with losing his pass which was given to him for the purpose of seeking some government bullocks

plea guilty

to work one week in jail gang

Mr Jonathan Griffiths (Free) bound over to appear before a Bench of Magistrates on the first Saturday in April next to answer to the charge of having assaulted Thomas Prosser of Launceston

Launceston 25 March 1823

John Robinson   /7yrs/141/Castle Forbes/ P Regent/ convict employed in Public Works charged with feloniously carrying away a rail a part of a fence the property of Mr Alexr Waddle from his paddock in Launceston

Plea not guilty

Mrs Elizabeth Lawson sworn saith, This forenoon I saw a man carrying away a rail belonging to Mr Waddle’s fence it was the Prisoner Robinson I called out to Mr Waddle who went after him.

Elizabeth Lawson

Her X mark

p113

Mr Alexr Waddle sworn saith, the rail now presented is my property I assisted to put it up in the fence round my paddock a great part of which has been carried away, I heard Mrs Lawson call out to me this morning that a man was carrying away my fence, I saw a man going from my paddock with a rail in his hand, who when he saw me threw it down and sat upon it, it was the rail I have already sworn to.

Alexr Waddle (Signed)

To work after hours one fortnight and sleep in the jail at night

Launceston march 27th 1823

Andrew Winchester (Constable) 228/life/Guilford

charged with neglect of duty on the night of Tuesday the 19th inst. when left in charge of a house occupied by Captain Robinson in Launceston

plea guilty

In mitigation says that Dr Bromley’s servant permitted him to leave the place to get some food not having had any thing to eat since 7 in the morning and that it was then half past 7 at night

reprimanded

p114

John Dawson /Richmond/7/249 charged by Mt Lett of Launceston with abusive language leaving his house without permission returning home drunk on Sunday night last and being afterwards disorderly

Plea not guilty

Mr Lette saith, on Friday evening last I returned from my stockyard I saw some of the paling in my yard displaced, I asked the prisoner why he had knocked the paling down, he came up to me stared my impudently in the face and said it was a damned lie, on Sunday evening he left my house, without permission he went to the public house kept by Thomas Manning and after being absent upwards of an house came home much intoxicated and made us of language too horrible to repeat he is bork? in my house and is in the constant habit of making use of improper language before my children, I have checked him for it repeatedly, he was also drunk yesterday evening I do not know how he obtained the liquor.

Dell

25 lashes This sentence mitigated at the request of his master to a week’s solitary confinement on bread and water.

p115

Launceston March 28th 1823

Elizabeth Leggett and George Maynard confined in jail on suspicion of robbing Mrs Day and dismissed for want of proof.

Launceston 29th March 1823

Thomas Harrison/ Coromandel/ 196/7/ convict employed in the PW charged with breaking onto the Barracks on Saturday the fifteenth inst and stealing a pistol and silk handkerchief the property of Wm Kenworthy Esq – value 20 shillings and cutting and carrying through a portmanteau also the property of Captain Rolland with intent to steal the same

Plea guilty

The prisoner in his defence says he received a wound in his head which when he gets liquor renders him ignorant of what he is about

50 lashes and be transported to Macquarie Harbour for remainder of his sentence.

p116

Thos Burberry (FS) Larry

charged by Mr Palmer of Launceston  with leaving his work unfinished and not accounting for 200 feet of cedar the property of the said Mr Palmer blue nine pounds ten shillings

Thos Burberry denies the charge

Frederick Paterson sworn saith, one the 8th of June last, I delivered 199 feet of cedar to Thomas Burberry from Mr Field’s yard on account of Mr Thomas Palmer of Launceston, Thomas Burberry was present when it was put into Mr Field’s cart and Burberry gave tge nab who drove the car some spirits for his trouble

Fred Paterson

Thomas Burberry allowed till Wednesday next to prove his evidence

Anne Lyford (Sydney Cove) (FS) charged by her husband with being drunk and disorderly

Reprimanded

p117

Thomas Graves (Caledonia) 126/14/ assigned servant to Mr Fawkner charged by his master with neglect of duty and disobedience of orders

plea guilty

reprimanded

Launceston 31st March 1823

James Lovell /86/life/Elizabeth/Adm Cockburn/ convict assigned to Mr Day charged by their overseer David Roberts with neglect of duty and disobedience of orders yesterday.

Plea not guilty

David Roberts sworn saith, about sun rise yesterday I desired the prisoner Lovell to go out with his master’s sheep he refused to do so saying he had no shoes, he was then in bed, he got up dressed himself and I saw him with the shoes he has now on, which are his property and which he has worn for some time past.

David Roberts (signed)

50 lashes

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James Cooks /Arab/454/7/ convict assigned to Mr Dry, charged by his overseer David Roberts with neglect of duty and disobedience of order yesterday

plea  not guilty

David Roberts sworn saith, yesterday morning I ordered the prisoner to go and take care of his master’s sheep, he at ? said he would do so, about an hour afterwards I saw him there I asked him  why he did not go after the sheep he said he would not go and that I had better send him into Camp. I was therefore obliged to leave the sheep unprotected and bring him to town, the prisoner has in many instances been exceedingly insolent within the last month

David Roberts (signed)

The prisoner in his defence says the bullocks that were in the paddock were under his charge and that he had nothing to do with the sheep.

25 lashes and confined in a solitary cell on bread and water one week

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George Brown /P Regent/Castle Forbes/270/7/convict assigned to Nathaniel Lucas charged by his master with being insolent abusive and drunk yesterday evening

plea guilty

25 lashes

John Oates /Wm Bentley/E Henrietta/life/35

Wm Fruir  Atlas/Kangaroo/202/life

convicts employed in the Public Works charged with neglect of duty and deficiency of labour performed

Reprimanded it being their first offence and ordered to make up for the deficiency of fourteen hundred and three feet by the 30th day of April next.

John Gould /135/Ld Sidmouth/Cockburn/7/

James Dennington /82/Surry/7

convicts employed in the Public Works charged by their overseer of brick makers with neglect of duty in not tempering the clay properly

plea not guilty

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John Brown being sworn saith I am overseer of Government bricks at Launceston the prisoners are employed in tempering clay they have been so employed for upwards of twelve months, during the last week there was clay for about nine or ten hundred bricks in the pit where they had been tempering  which was unfit for use, other men are now working in the same pit and have made the same clay perfectly fit for use.

John X Brown

his mark

To work over house one fortnight

WM Blair (Hibernia) 7/186/ convict employed in Public Works charged with disobedience of orders and impertinence  to Mr Sinclair Superintendent this morning

plea guilty

25 lashes

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Thomas Thing sworn saith about eleven o clock on Saturday last I directed the prisoners by order of Mr Kenworthy to proceed in the Govt launch to Launceston for a load of wheat, they requested me to go to Mr Kenworthy and tell him they were too fatigued to do so.

Thomas X Thing

his mark

John Lindsey further deposeth and saith that the men had worked hoes’’ work only that they had time to rest themselves between the tides.

John X Lindsey

his mark

The prisoners in their defence say that they did not refuse to go in the launch

Decisions 25 lashes in the usual way

Michael Boland /175/7/Hibernia/Hibernia

Abel Lancaster/247/7/Globe/ E Henrietta

Anthony Perrigal /147/life/Juliana/Juliana  convict assigned to Mr /Nn? Lucas charged with insolence and aabuse to his master yesterday evening

plea not guilty

returned into government employ

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Launceston 4th march 1823

George Kendrick /379/7/Ld Hungerford/  convict employed in the Government works charged by John Fuller with firing a gun in the swamp at Launceston on Sunday evening the 2nd February laast

plea not guilty

John Fuller sworn saith, on Sunday evening the 2nd of Feby last about dusk, I was near the swamp, I saw the flash and heard the report of a musket near the River, I went in the direction of the Flash and saw the Prisoner with a musket in his hand

John X Fuller

his mark

50 lashes

James Hully (Present TC Simpson) P Orange/7/426/ convict assigned to PA Mulgrave esq  JP charged with repeated insolence.

plea not guilty

PA Mulgrave esq sworn saith an repeated occasions when I have told him  I would send him to jail if he did not behave better he has said he would

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as soon be in jail as not as be with me

PA Mulgrave

25 lashes and be returned to his employment

Wm Norman /97/life/Baring/E Henrietta/ Holding a ticket of leave charged with being drunk and disorderly last night

plea   guilty

fined 5 shillings

Thomas Bradley / Glove/E Henrietta/586/7/convict assigned to Mr John Smith of Launceston charged with neglect of duty and insolence.

returned in Government employ.

Memo. Michael Doogan (free) summoned to answer to a complaint of having accompanied Elizabeth Callighan and Mary Shirley from New Town to the Relief River knowing them to be run away convicts and directing them to proceed from the Relief River to Quinns Farm about 5 Miles from Launceston and there wait for him, denies all knowledge of the women except

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their being in the same party and pretending to be soldier’s wives, he further states that at the Relief River they were met by two soldiers belonging to the 48th Regt in search of Officers Mare who put their knapsack and musket into his brother’s cart and returned to Millers Hut with the women, when the cart got near Mr Gibsons a party of soldiers proceedings in the direction of Hobart Town took the knapsacks and muskets from Doogan’s cart the women and Soldiers left the party on a Friday morning he believes the 14th of February and did not see the women again until last Sunday week, when he met them near Jubb’s? Farm, he did not then stay with them and has not since seen them. The foregoing statement being read over to him he asserts it is to be true.

Michael Dugan (signed shaky)

Launceston 5th March 1823

Wm Hayes /Fanny/Emu/7/ freed/ charged with being drunk in the streets of Launceston last night

plea not guilty

Chief Constable Lawson sworn saith between nine and ten o clock last night, I met Wm Hayes opposite James Finley’s, he was very drunk, I asked him why he was not at home, he said, I had no business with him, that he should walk the streets at what time he pleased.

Fined 5 shillings and refusing to pay it is committed to jail for one month.

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James Mills /102/7/Ly Castlereagh/ convict employed at the Government Brick field charged with being drunk and disorderly last night

plea guilty

fined 5 shillings

John Hardman /Hibernia/126/life/convict overseer to Mr Conney/Bonnet charged with   neglecting  to attend the hospital according to orders

reprimanded

John Abbott ? Molt?  (constable/7/174/Glory/Adm Cockburn

charged with being drunk yesterday, when on duty

fine 5 shillings

James Lyford’s boat detained by the superintendent of Police for being afloat and attempting to land last night by the jail after dark given up upon his expressing his contrition promising not to offend in the like manner again

Catherine Lynch committed for contempt on her expressing her contrition

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Launceston 6th march

Wm Mitchell indefatigable FS 7

Charged by Constable Molt with being drunk in the streets of Launceston yesterday afternoon

Reprimanded

Rebecca Barton /Northampton/Wellington/7/ FS/ charged with being drunk and disorderly last night in the streets of Launceston

Acknowledges the charge

fined 5 shillings

John Ditch /Caledonia/7/171/ assigned servant to TC Simpson Esq charged with being drunk and disorderly last night

plea guilty

confined in a cell one fortnight on bread and water

Abel Lancaster /247/7/Globe/E Henrietta and Michael Boland /175/7/Hibernia  convicts assigned to mr Bonney for 6 weeks charged with stealing two bullock chains and one axe the property of Mr Bonney from his house at the Red Bank.

plea not guilty

William Jones being duly sworn saith, about 3 weeks ago I put? a pari of bullock chains under my bed place in Mr Bonney’s Hut at the Red Bank about a week afterwards Michael Boland and Abel Lancaster came to reap on the farm, I saw the chains there on Wednesday or Thursday last week, the Hut was then given in charge to Boland, the chains are now missing, I have not seem them since the time before mentioned, on last Saturday week Abel Lancaster left the Hut an hour before day break and was absent about an hour.

William X Jones

his mark

John Clements assigned servant to Mr Bonney sworn saith, I have Michael Boland charge of Mr Bonney’s Hut at the Red Bank three week ago last Saturday, I told him he was to work and mind the place, he had no use for bullock chains upon the farm during the last  3 weeks after I had given charge of the Hut to Boland, Jones and myself were employed in reaping along with Lancaster, Boland and Lancaster left Mr Bonney’s employ that Saturday morning after they were gone I took charge of the hut and in examining the utensils missed a tine plate, then missed a falling axe, and afterwards missed the bullock chains which I had seen under Jone’s bed place whilst the hut was in charge of Boland. Questions by Boland, Did   ask you  on Saturday morning last before I left the Hut if any thing was missing / answer yes, I told you I did not think there was anything missing/ I had not then searched for the bullock chains.

John X Clements

his mark

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Decision

the prisoners are acquitted of the charge

Launceston 10th march 1823

John Wilmer /Caledonia/life/

Michael Boland /175/7/Hibernia/convict charged with neglect of duty whilst in custody of Mr Bonney’s Hut and effects at the Red Bank by allowing two bullock chains to be stolen form thence some time during the last three weeks.

The evidence given is in last case being referred to, the prisoner on being called upon has nothing to day in his defence.

plea guilty

fines 5 shilling

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Abel Lancaster  /247/7/glove/e. Henrietta/ convict employed in the Public Works, charged with being  drunk and disorderly in the streets of Launceston yesterday and abusing chief constable mark Wilson.

plea not guilty

Ernest Schmidt sworn saith, I saw the prisoner in the streets of Launceston between 2 and 3 o clock yesterday, drunk and disorderly and called Mr Mark Wilson chief Constable of George Town a number of Opprobrious names.

Ernest X Schmidt

his mark

25 lashes and work in the jail gang one fortnight

Launceston March 8th 1823

John Butler  585/life/Fredk/E Henrietta

convict employed in the Public Works charged with being drunk last night

reprimanded

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John Wilmer /Caledonia/life/ assigned to Mr Barnard charged with losing his pass from Hobart Town.

fined 2” 6’

James Pate /Hibernia/14/71 convict assigned to Mr Smith of Norfolk Plains charged with being drunk and disorderly last night

plea guilty

fined 5 shillings

James Nock  Hibernia/29/life/ convict assigned to chief constable Lawson charged with being abusive to his Mistress on Saturday night last

plea not guilty

Mr George Lawson sworn saith, I have frequently told the prisoner to take out any cattle to feed sand have allowed his to take the people’s cattle with them for which he has received from one to two hours per week,  instead of taking out my cattle regularly he has been frequently drunk within the last month, when I have ordered him to attend

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to his duty when in the house he has repeatedly treated my orders with contempt.

George Lawson (signed)

Chief Constable

25 lashes

Wm Monaghan (free) and Alexander Monaghan (free) charged with being drunk and disorderly last night

guilty

fined 5 shillings each

Thomas Elliott /7/Pr Orange/114/convict employed as Hut Keeper to the Boat’s crew at Launceston charged with neglect of duty in being absent from the Hut on Monday or Tuesday last when a pig supposed to have been stolen was slaughtered and dressed therein by some person or persons not yet discovered

sentence: to wear a log for one fortnight.

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Launceston 11th march

John Maiden no 229/Guilford/7 years/ assigned servant to Mr William Chapman charged with being insolent and abusive to his mistress yesterday

plea guilty

sentence 25 lashes and returned to Government employ

Henry Mammeth n180/Dromedary/life assigned servant to Mr W Chapman charged with disobedience of orders and neglect of duty and being drunk yesterday

plea guilty

in consideration of his former good behaviour the prisoner is only reprimanded

John Dunnon /204/7/Lady Ridley/ convict employed in the Public Works charged with being out after hours last night

Plea Not Guilty,

in his defence the Prisoner says he was ordered to attend the Hospital at 9 o clock by Dr Priest, and that it was only a few minutes after 9 when he went there the statement made by the prisoner being partly true, he is reprimanded.

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Alexander Wilson  FS/Baring/Emu/7 yrs

charged with being disorderly and threatening to take the life of his wife Sarah Wilson on Saturday night last

plea – not guilty

Constable Gardener sworn saith, on Saturday evening between 8 and nine o clock I was applied to by Walter Snow to take a man away that was disorderly and abusing Sarah Wilson I went with him and saw Alexr Wilson near Mr Stratton’s House hiss wife was about thirty yards distant he was making a great noise, I heard him distinctly say that he would kill her if he came upon her, I am sure he addressed that language to his wife, I took him prisoner and the then shammed drunkenness, I put him in jail and about eleven o clock at night he made his escape out of the jail yard, I followed him and knocked him down, he then felt in his pockets and exclaimed oh that I had my knife with me, I then conducted him back again to jail.

John X Gardener

his mark

p133

Walter Snow sworn saith, on Saturday evening last the prisoner Alexr Wilson came to my house where his wife Sarah Wilson has lived at his own request since her confinement about 2 months ago, he was intoxicated, he used the most abusive language to hi wife and threatened to murder her if he could come nigh her. I then went away to procure a constable who took him into Custody, he has frequently been at my house to see his children and has never been denied access to his wife when sober, it is within my knowledge that he has been employed by Mr Gibbs as Stockeeper  since his wife resided with me.

Walter snow

His x mark

Bound over the keep the peace towards his wife for six months

Launceston 2nd April  1823

Thomas Burberry (FS) charged by Mr Thomas Palmer of Launceston with leaving his work unfinished and not accounting for 200 feet of cedar the property of the said Mr Palmer value nine pounds tend shillings

The evidence taken on the 29th march being read, Thomas Burberry is ordered to return the cedar or the

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value thereof within one week;

Mr Palmer said he had other charges against Thos Burberry of neglect of work by which he had suffered to a considerable extent Mr Mulgrave told him he could not take cognisance of any damage beyond ten pounds or any breach of agreement beyond that sum, that if Mr palmer could substantiate any criminal charge against Thos Burberry or prove that any agreement existed to do any given, certain, quantity of work within a given time that he would then endeavour to do justice. Mr Palmer replied that he saw how it was that Mr Burberry was working for Captn Barclay (then on the Bench) and that he must apply elsewhere.

Edward Wooley  F.S./Calcutta/ 7

charged with being drunk and disorderly last night with striking constable Perry

plea guilty

fined 5 shillings

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John Hopgood /394/Surry/Pilot/ convict holding a ticket of leave charged with riding and assisting bush rangers

Peter Fowser /Medway/14/132

convict holding a ticket of leave in the employ of TC Simpson Esq charged with being drunk and disorderly last night and withstanding Constable Gardener in the execution of his duty.

Plea not guilty of resisting the constable

guilty of being drunk

Constable Gardener sworn saith, between seven and eight o clock last evening Mr Lawson ordered me to go to Mr Simpson’s I went there and accompanied Mrs Simpson onto the yard where I saw Peter Foulser, who was intoxicated Mr Simpson ordered me to take him into Custody for being drunk, Foulser went into the kitchen pulled down some blanket from a loft Mr Simpson told me to take hi away without any blankets he said be would not go he threw the blanket upon the floor put his hat on the table, bent his fists and shook them at me, I laid hold of him by the collar, to pull him out of the kitchen he struggled with me fell down

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and pulled me down upon him, he used very ill language both to Mr and Murs Simpson he said he would not go with one nor all the constables in the camp unless he took his bedding with him, Mr Simpson then sent for constable Cumberlidge and we succeeded in taking him to prison

John Gardener

his x mark

TC Simpson esq sworn saith, the prisoner is engaged as my yearly servant at the rate of £50 per annum, he boards and lodges at my house, about seven o clock last evening I found him drunk in the stable, I sent for a constable who took him into the kitchen, I told him to take one of his blankets and nothing more he said he would take what he thought proper that it was all hiss own property. I told the constable to do his duty, he threw down the blanket and put himself in a boxing attitude, they struggled together and both fell upon the floor, I sent for another constable and he was taken prisoner after a violent scuffle between him and the two constables he said he would not go for all the constables in town, he has repeatedly said he did not wish to remain with me that he had another  place to go to, that he had a right to do what he thought proper in the kitchen.

TC Simpson (signed)

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Decision Peter Fowlser is ordered to lose hi Ticket of Leave and be returned into Government works.

April 3rd 1823

Thomas Hayes convict in the employ of Mr Jno Lindsay Superintendent at Launceston charged with

Joseph Waters Guilford/213/7

Thos Eyres /50/Hibernia/life

convicts assigned to Mr Gibson charged with being drunk disorderly and violently assaulting their master on Saturday 22nd of March last at his farm on the New River.

Waters pleads guilty

Eyres  not guilty

Mr Gibson sworn saith, on the evening of Saturday 22nd ultimo I returned home about five o clock in the afternoon and saw  Waters and Eyres come upon the house with bottles in their hands. They asked me to give them some rum. I refused to do so, they then broke the bottles against the fence. I called them back and told Eyres to remain in the kitchen and Waters to go to the Hut where he usually resided, Eyers did go into the kitchen. Waters went some distance towards the Hut

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then came back to the kitchen and told Eyres to go with him. I asked him it he meant to take him away by force he said yes, I then laid hold of Waters to shove him out the kitchen he turned round said stand clear and immediately struck me a villent blow on the face, I struck him in return and several blows were struck in exchange, Eyres attempted to part Waters and me but used no violence towards me, Eyres did not disobey my orders and has previously behaved iwell in my service, I had nothing to say against the previous  conduct of Waters, he had theretofore been a good servant, I believe Waters and Eyres were intoxicated at the time.

David Gibson

Eyres not guilty acquitted of the charge

Joseph Waters guilty – to be sent to Macquarie harbour for 12 months

John Ditchin /Caledonia/7/171/ convict assigned to TC Simpson charged with being drunk and disorderly last night at his masters house and with resisting the constable when taking him to jail

plea not guilty

TC Simpson esq sworn saith, about six o clock yesterday evening John Ditch my assigned servant

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was in a state of intoxication he used much insolent language towards his mistress, she requested him repeatedly to be quiet, he said he would not, a constable was sent for who took him into custody, he said I was getting might fond of sending my servants to jail that he did not care for me or any body else that I might do as I liked.

H Simpson

EF Bromley esq sworn saith I was at Mr Simpson’s house yesterday afternoon between 5 and 6 o clock , he was exceedingly impertinent both to his master and mistress

EF Bromley (signed)

The prisoner has nothing to say in his defence

25 lashes and be confined in a solitary cell one fortnight on bread and water

John Hopgood /394/14/Surry/Pilot

James Green/Somersetshire/P Leopold/Life/109

convicts at large without a pass, charged with aiding and abetting Bush Rangers by concealing from Constables Smith, Serjeant and Wilcox and a party of the military sent in search of them on the 21st March last, that they had been at their Hut that day in Savages Forest

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and with having in their possession a quantity of beef knowing it to be stolen which they endeavoured to conceal from the knowledge of the said constables and military, reserving it for the future use of the Bush rangers

The examination of James Green and John Hopgood with the informations of Constable Ernest Smith and Serjeant Wilcox of the 3rd Regt of Buffs being read.

The Prisoners were called upon for their defence and said they were deterred from giving information to the party set out in pursuit of Bush Rangers by fear.

The Prisoners are sentenced to be transported to Macquarie Harbour for the space of four years.

p140

Launceston 4th April 1823

Richard Chugg /life/309Caledonia/ overseer of the Road Gang charged with having drawn a ration for Robert Gregory whilst he was in the Hospital at Launceston

The prisoner says he did draw the ration but ordered it to be sent to the Hospital that on other occasions he has done the same

John Hughes sworn saith I am overseer of the Hospital at Launceston, I recollect Gregory being sent in from the Road Gang on March 18th he did not bring any provisions with him nor were any sent to him afterwards

John Hughes

50 lashes and dismissed from tilliation  of Overseer. at the intercession of Mr Kenworthy the Inspector of Works the corporal punishment is excused

Mr Kenworthy observing that from the usual laxity  of discipline this offence occurred

James Smith 207/7/Dromedary/ convict holding a Ticket of Leave charged with

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Thomas Hayes  487/7/Globe/E.Henrietta/ convict assigned to Mr Jn Sinclair Superintendent charged with being concealed in the house of James Steele at Launceston on the evening of the 31st of March last with intent to rob the same.

Plea Not Guilty

James Steele sworn saith, I was going to my house on Monday evening about five o clock, I looked through the window of my house, I saw my trunk open, it was shut when I went out in the forenoon, I went to the door which I found fastened, I opened it and went to the Trunk and found three waistcoats had been taken out of it in my absence, I looked into my Bed Room but would not see any one distinctly, the Prisoner rushed out of my bed room, shut the front door and fastened it – I then threw the prisoner down,, I turned round to look for a stick and called out to Mr Prosser for assistance,  the prisoner immediately jumped out of the window and escaped out of the yard, whilst I struggled with him I found he had something concealed inside hiss jacket, he told me he would give me the waistcoats again if I would forgive him and say no more about it, a few minutes afterwards Simpson a Barber called out to me and said there was something belonging to me which had been first thrown into his skilling, I found they were the three waistcoats which had been taken out of my box

James Steele (very shaky signed)

SKILLING – lean to or out house

p142

50 lashes in the usual way

James Smith /207/7/Dromedary/Dromedary/ convict holding a Ticket of Leave charged with drawing bills on his Honour Lieut Governor Sorell one for £62 and one for £38 13  thereby defrauding Mr AN Coulston at Norfolk Plains, to the amount of £30, he knowing that no property of his was at that tine in the Hands of his Honour the Lieutenant Governor or ever had been.

Plea Guilty

After further charged with suffering an order of the said Mr AN Coulston for four heads of cattle with intent to defraud on Mr David Williams of Paterson’s Plains the said AN Coulston he the Prisoner knowing he had not then or ever had any cattle in Mr Williams custody.

Plea Guilty

Also further charged with suffering an order to the said Mr AN Coulston upon Mrs Mary Monnaghan for nine ewes and three lambs with intent to defraud the said AN Coulston he the prisoner knowing at the time that he had not then or ever had any sheep in the custody of the said Mary Monnaghan.

Plea guilty

p143

Woolmers Lake River 23rd Jan 1824

The information on oath of Mr Jas Reid who saith on Wednesday last eh 21st of Jany vit, one of my horses returned to my farm several wound by two Balls in the Head so much so that I do not expect he will live – I perceived one of the Balls just inside of the skin of the neck and extracted it – this is the Ball, which appears to have been a musket Ball beaten down at the sides to fit a Gun of a smaller Bore – This Ball had penetrated the forehead and lodged in the neck  the other still remained in the Head – The person who lives nearest to me is a Mr Wright, And the horse was seen on Monday afternoon behind his Hut – Mr Wright has an assigned servant named Magnus Beckie who constantly carried a double Barrelled Gun about with him and I am informed also carried a pair of pistols – some time ago I had occasion to inform   constable named Lawson that I suspected this man Beckie harboured a Bush Ranger named O’Hara and I find by a letter from Mr Wright that the constable had informed him of what I had said about his servant – in this letter Mr Wright uses threatening language towards me and as I am aware that the man Beckie has been told what I said of

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him, I do firmly believe and suspect that this said mad Beckie has, out of spite towards me feloniously fired at and wounded my Horse and therefore pray that steps may be taken to bring him to justice.

Sworn before me  on this 23rd

Jany 1824 Thomas Archer esq

James Reid (signed)

Woolmers , Lake River, 26th May 1824

MW Tho Powell chief District Constable of the District of Lennox sworn saith, on Saturday last I received from Mr James Reid a warrant addressed to me by Thos Archer esq JP to apprehend a prisoner of the Crown named Magnus Beckie and to search the premises where the said Magnus Beckie resides, accordingly I went this morning ? the 26th Jany inst to the Hut where  the said Magnus Beckie resides and there saw Mr Wirght the Prisoner’s master – I read the warrant to him and on searching found this single Barrelled Gun which he said Beckie had had in his possession for some time – this pair of pistols which are loaded and which Mr Wright said Beckie had had some short time in his possession, but which he believed belonged to some person at Norfolk Plains, and this powder horn belonging

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to Beckie – I could not find any powder Balls or Ball moulds of any kind – I then proceeded to the Hut of Mr Headlam where Mr Wright told me he suspected Beckie would be found, or else with the Flock of sheep – I found Beckie in the men’s Hut upon Mr Headlam’s farm, told him I had a warrant to apprehend him and to search his person – I found in his breeches pocket, this loaded pistol 0- the key belonging to it and these two small Balls apparently belonging to it – I said to him when I took the Pistols form his Pocket, is this your pistol? he replied “yes it is” AI then brought him with me before the magistrate.

Sworn before me this

26th Jany 1824  Thomas Archer

James James Reid sworn saith this Pistol which I am informed was taken from the person of Magnus Beckie this morning by chief District Constable Powell is one of a pair which were stolen from my House at Greenhill  on the Macquarie River about six or eight months ago –  I know the pistol well and I am positive it is one of the two stolen from me but it is possible that the pistol produced may be one of two pair I have sold.

James Reid

Magnus Beckie

(Says his name is Bakie) in his examination saith, I came out in the Lady Castlereagh

p146

Captain Walden in 1818 sentenced to 14 years transportation, I was first assigned to Robert Chamber, settler at New Norfolk, with whom I remained 12 months, I was then returned to Govt Labour but without a complaint from my master – I was then assigned to Francis Barnes Hobart Town, and minded sheep for him at a place called Frederick Henry Hill, which overlooked the Bay of that name, there I remained 13 or 14 months and was again returned to Govt Labour – I was then assigned to a man name Worrell at the Tea Tree Brush with whom I remained until Nov 1822 and was once more returned to Govt Labour and kept there until assigned to Mr Andrew Wright my present master – I have twelve sheep running in my master’s flock which have the left ear cut off and the right ear half off – I have no other sheep at all – these sheep are all westers but three which are ewes – the nine wethers I received from Mr Wright as part of my wages and the ewes I paid him four dollars a head for – Mr Wright pays me at the rate of twenty five pounds sterling a year wages – Mr Wright has between five and six hundred sheep  – the old sheep  have part of their left ear off, the right split – others have the left ear off and the right swallow tailed others have the right ear off and a piece of the left ??????

where is remainder?

p147  1825 in pencil

Van Diemen’s Land

The information on oath of Mr C.B. Hardwicke, Chief Constable of the District of Norfolk Plains who saith about three of clock yesterday afternoon the 9th of July instant, the corporal of the party of military stationed at Norfolk Plains came to my House and there informed me that they had taken Pawley the Bush ranger at the Stock Hut of William Field on the Penny Royal Creek – I immediately went down to the place where he was confined and finding that he as inclined to give information respecting Mc Cabe and Brady I told him he should be taken before the District magistrate Mr Archer – I then wrote a note to Mr Archer to know whether he should be taken before him as the nearest Magistrate or conveyed at once to Launceston, conceiving that it was a matter of importance that Pawley should be examined as early as possible in order that any information which he gave should be acted upon without delay – I received an answer from the magistrate desiring that he should at once be brought up for examination – I then went to the place  where Pawley was confined

p148

and told Petty Constable William Lawson that Pawley was to be taken at once before Mr Archer, Lawson made no reply, and as it was then later I thought it would be better deferred to this morning and I desired Lawson to bring him to my house about half past eight o clock and that I would accompany him with the Prisoner to Mr Archers – at half past eight of clock this morning, funding that constable Lawson did not come up to my House, I went down to ascertain the cause, and then Lawson told me that he would not take him over to Mr Archer, but convey him into Town, at the same time intimating that the Corporals would not let him take Pawley before Mr Archer – I then asked the corporal if he meant to prevent the Constable from taking Pawley before Mr Archer, who said ‘no by no means; – I then commanded Lawson and another petty Constable named Thomas Eddington who was present, to take Pawley at once before Mr Archer, upon which Lawson and Eddington refused positively to do so

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and said they would take him to Town before Mr Mulgrave the Chief – Lawson then became very abusive to me, told me he did not care what I said and that he did not care if he was broken tomorrow – I left the palce and heard Lawson continue to make use of impertinent language towards me as I walked homewards – shortly after this Lawson Eddington and the Corporal tool Pawley away – I suppose to Launceston – For a considerable time back I have had occasion to be very much dissatisfied with Lawson’s conduct, who has been wishing for an opportunity of quitting his duty at Norfolk Plains for the purpose of being made a constable in Town.

C.B. Hardwicke

Sworn before me at Woolmers, Lake River, this 10th July 1825

Thos Archer

p150

The information on oath of Mr William Talbot who saith I reside at Break Of Day Plains, William Vockins was my assigned servant he absconded from my service on the 20th of April last and I have been informed that he has produced a written pass to Mr Robinson and Mr Forbes at the Elizabeth River, and I swear that I have not given the said Vocking any pass either in the month of April or at any other time, the pass produced by Vocking he said it was written by my overseer Mr Buxton and bearing my signature  I therefore pray that justice may be done

Wm Talbot (Signed)’sworn before me at Launceston

this sixth day of May 1825

TH Simpson JP (very florid hand)

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Onsemia

Lake River January 25 1825

Sir,

I am sorry to be under the necessity of sending my Constable to you this morning with a prisoner handcuffed the charges against him his mater will have the honor of detailing to you, and that part of his testimony relating to the transactions of yesterday, the constable can corroborate.

His tone throughout the whole business has been that of defiance to all authority, and this morning when he positively refused going wither with his mater or the constable, or both  (saying no two men should take him before you) I felt it necessary to receive my authority, and went perfectly quietly into the hut, and told him he was this morning ordered by his master to accompany him before you with a constable, which I told him Joseph was, and I desired to be informed whether he was disposed to go quietly, he gave me a very surly answer implying he was not. I immediately produced the handcuffs, I desired Joseph to put them on, in which I was obliged to assist him, as not satisfied with men struggling he struck at the constable, more than once or twice.

I can bear testimony to his master’s conduct (who has been at work for me about several jobs) having been throughout kind and indulgent to him, and in every respect entitling him to the law’s best services.

I remain yr obed servnt

Thos Fletcher

Thos Archer Esq jp

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seal

On his Majesty’s Service

To

Thos Archer Esq J.P.

Woolmers

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Woomers,Lake River, 25th Jan 1825

Present  Thos Archer Esq JP

William Holmes, convict assigned to John Ayres, charged with idleness and neglecting the work he was ordered to do, by his Master – also with resisting the Constable who was ordered to take him before the District Magistrate and striking at his several times.

The Prisoner pleads not guilty

John Ayres sworn saith on Saturday last I desired the prisoner to go to work which he refused to do -0 it was about four o clock in the afternoon and he did not more work that day – yesterday morning he laid abed till seven o clock and when he got up he came and sat down where I was at work but would not work himself – nor did he work at all yesterday – he has had as much meat and dread as he chose, also butter, tea, and sugar, and in that every thing the same as I had myself – last night I requested Mr Fletcher to send the Prisoner before the District Magistrate, and this morning the petty Constable Joseph Whitlow came to the Hut

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where the prisoner was, and told him he was to go with him before a magistrate – Holmes said he would not go, and that neither one nor two mane should take him

John Ayres Mark X

Joseph Whitlow sworn saith last night I was ordered by Mr Fletcher GD constable to take the prisoner WM Holmes before the District Magistrate this morning, I went to him and desired him to get ready to go before Mr Archer – he said he would not and that neither one nor two men should take him – that if  he must go he would have a cart and bullock to take him there – I told the Chief District Constable what he said, who fetched a pair of handcuffs and then went down to the Hut and asked the prisoner whether he would or would not go quietly with me to the Magistrate telling him that I was a Constable – the Prisoner said he would not go – then Mr Fletcher gave me the handcuffs to put on him – directly I went to him he struck at me several times – Mr Fletcher was obliged to assist me and after some difficulty we succeeded in getting the hand cuffs on – after

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remaining about half an hour longer he came eiht me

Joseph Whitlow (signed)

Decision/ The prisoner is committed to take his trial before a Bench of Magistrates on Saturday next the 28th inst at Launceston

Thos Archer JP

Memo

John Ayres and Joseph Whitlow have been ordered to attend on date 28th Jany at 10 .am  TA

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Ayres v Holmes

25th January 1825

G A Esq JP

28th Jan 25

decided 29th Jan 1825

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Friend? Barry

I had something to communicate the last time I saw you but it being too late I wanted to get home in time I must confess to you that I am mortified to hear a certain Gentleman who was lately fined for selling small quantities of rum without a licence – inveigh against that worthy gentleman your master I mean Mr Mulgrave and the other Gentleman the magistrates in the most gross invectives on the 8th day of last month I heard him tell a certain respectable young man Free that he would give a reward of £10 to any person who would give information against any of the Majistrates having sold any small quantity of spirits to their own servants  or any other person within 3 years so that he may have the satisfaction of inserting it in the publick papers and on the 18th of the same month – that he could not expect any other from the Majistrates here as they were only a set of impotent scoundrels not a gentleman amongst them and that the arbitrary laws set forth by

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Governor McQuarrie were now done away with and as he got no satisfaction by gowing to Hobart Town that he would go to Sydney and from there to England if necessary to seek revenge – these are the sentiments of the nominal Gentleman who is a Majistrate also now I know you are sincerely devoted to the Interest and Wellfare of your Master who is truly impartial justice honor and integrity since his first appearance in this Quarter as there is not yet at an end perhaps it may be necessary to the cause of Truth and Justice that Mr Mulgrave should know how well his Brother Majistrate is disposed towards him so my friend if you consider it prudent to lay this before him privately not in the office on reflecting on the revengeful spirit of this nominal Gentleman who offers the reward of £10 – this circumstance come to my recollect and if the period be not too remote it will afford Mr Mulgrave the satisfaction of publishing

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it in the paper without his paying £10 to subborn a witness to prove it perhaps it may admit of another Fine, am assigned to Major McLeod. Being furnished with an account of what he had drawn for wages in one year – there appears in the said Bill in Mrs McLeods hand writing charged against the man’s wages 3 gallons and 3 pints of rum at different times at £1  per gallon – Dated 10th of May 1823 the Bill is extant and if required will be produced, pray let not my name be known at present I expect to be in town in a few days and will explain matters further to you, don’t fail sending me an answer to this by the Bearer in writing. Sealed. I have something further to state when I hear from you farewell Believe me to be with Sincere friendship yours truly

John Kenny

Carpenter to major McLeod

But I wish I was away from him

P.S     let no person whatever see this besides Mr Mulgrave

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John Barry

Constable

Launceston

John Kenny to Barry

March 1825

[ + short hand]

p161 1825 in pencil

Thew information of John Brown who being sworn saith I keep a Baker’s shop in Launceston for William Grant?, I am answerable for he money I receive for bread sold in the shop, this morning John Carey came there and asked for three loves of Bread, I gave him three four pound loaves, for which he offered this dollar note in payment, and suspecting it to be forged I brought it to this office.

John Brown

Sworn before me at Launceston this nineteenth day of January 1825

PA Mulgrave

The examination of John Carey who saith I received this Dollar note of my Father William Carey at his House near Launceston this morning her desired me to fetch three loaves of

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Bread from Launceston, I know it by it’s being so dirty in three places on the face of it, I cannot read, I had no other note in my possession when my Father gave it me, he said It was a Dollar note, I took it to the Baker’s Shop in Launceston kelp by a man named Brown, and asked for three loaves of Bread,, he gave them to me,, I offered this note in payment, he said it was a bad one, and desired me to accompany him to the Police Office, where he gave it to the Superintendent of Police.

I received three half dollar notes from my father this morning, which I paid to Mr Jn Griffiths (added in different hand).

John X Carey

his mark

Taken before me at Launceston this nineteenth day of January 1825

PA Mulgrave JP

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Mr William Barns being sworn saith the Signature to the note now produced is mine,, I did not issue it for a dollar, I never issued any note dated the 20th June 1824 number 459 for a dollar, I know the note now produced was issued for one shilling, and that the word shilling has been erased in three places and the word dollar substituted in its stead.

William Barnes (Signed)

Sworn before me at Launceston this nineteenth day of January 1825

PA Mulgrave JP

The examination of William Carey senior who saith me eldest son brought me one pound two and sixpence in notes yesterday from Launceston, these were two notes for one shilling each, one of

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sixpence, a half dollar note of Mr Dry, a half dollar note of Mr Bayles, a half dollar note of Mr Fawkner and two one dollar notes of Mr Barne’s also one half dollar note of Mr Barnes. I this morning gave my son John aa one dollar note of Mr Barne’s. I believe it it the one now produced it was the same that I received of my son William last night

William Carey

Taken before me at Launceston this nineteenth of January 1825

The examination of William Carey junior who saith Mr Richard White of Launceston gave me some notes yesterday, I did not count them he said they were ten shillings which he paid me on account of Timothy Quin. I cannot read. I did not examine the note, he then gave me three notes which he said amounted to twelve and sixpence an account to Jones the Taylor.

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I took the notes home and delivered them all to my father. I had no other notes in my possession yesterday but hose given me by Mr White, I am sure the note now produced is one of those which I received of Mr White yesterday on account of Jones the Tailor. I know it by its dirtiness and this gap in the corner.

William Carey

his x mark

Taken before me at Launceston this nineteenth day of January one thousand eight hundred and twenty five

PA Mulgrave

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The examination of Mr Richard White who saith I paid William Carey Junior to the amount of one pound two shillings and six pence in notes yesterday, I do not know how many notes. I paid him. I know there were two one dollar notes. I do not trace whether the one dollar note now produced is one of them or note

R White

Taken  before me at Launceston this nineteenth day of January 1825

PA Mulgrave

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I pound? forged by Mr William Carey snr 19th January 1825

decided

p168 jan 1826 in pencil

Cornwall

Van Diemen’s Land

To wit

The information of Mrs Elizabeth Saltmarsh who being sworn saith I am wife of Mr William Saltmarsh of Norfolk Plains last Wednesday evening between seven and eight o clock some Person knocked at the Door of my Husband’s house in which I was sitting with my two infant children, I asked who was there no one replied, I again said who is there, some one answered a Friend is Mr Saltmarsh in, I then opened the door there were three men close to it, two of them armed with fowling pieces, one of them with a fowling piece and pistol they had cloths over their faces and immediately I opened the door two following pieced and a pistol were presented at me one of the men said keep silence who is at home, I said I was and hoped they were not going to ill use me one of them said hold your noise is Saltmarsh at home what man has you, Yimram Uran

Zimran Wriam came to Tasmania with John Hasan. He was born in Hyderabad. He must have travelled to England because he was a convict on the Atlantic in the Third Fleet in 1791. He was sent to Norfolk Island and was granted a Pardon for his work in closing down the settlement. He was granted 40 acres at Norfolk Plains. Unfortunately, he was beaten to death some years later by two men.

http://www.southcom.com.au/~tma/history.htm#1

who boards and lodges at our house then came up to the door one of them laid hold of him and took him away and one of the men said Jem Garrett come this way, two of the men then came into the House whilst the third stood at the Door and said where is Saltmarsh, at that moment my husband came to the door, the man said here he is presented his piece at him and shoved him from the dwelling House to the kitchen and in at the kitchen

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door, the kitchen door and House  door are within two steps of each other, this man had a fowling piece and a pistol, after he had put my husband into the kitchen, he ordered the other two men to go into an inner  Room where they took a piece of blue woollen cloth and a piece of blue mixture woollen cloth apiece of dark olive woollen cloth, a piece of black silk and some black sewing silk and black twist the property of William Winter also a piece of muslin a piece of cambria and two pieces of cotton shirting also his property, they tied these articles up in two woollen blankets belonging to the said William Winter and in one woollen blanket the property of my husband they also carried away a cotton shirt the property of my husband, as they tied up these articles they threw the bundles to the man who had put my Husband in at the kitchen door and who remained there, one of the men beat upon a box that was standing in the next Room  to that from whence they had taken the articles already mentioned, the box belonged to Zimran Uram and was locked, I told them is was so, the man who stood at the Door said to Uram who was sin the kitchen give me your key, he gave it to him, that man passed it to me and said here Mrs Saltmarsh holding it out, give him this key, I gave it to them man who had knocked upon the Box, that man unlocked the Box and took out a piece of white cotton which I knew

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contained dollars and paper money belonging to Winter. I saw Winter look over some paper money count some Dollars and tie them up in that piece of cotton on Sunday morning. I heard the Dollars rattle when the man took the Bundles out of the Box, the man who stood at the kitchen door then ordered Richard Knowles and John Foxall? free men who plough for my husband to come out of the kitchen and carry two of the Bundles, the man who tied up the Bundles carried thee third and he who stood at the kitchen Door went with them, the third who took the money out of the box remained between the House and Kitchen door about a quarter of an  hour and then ran away, I am certain that William Ashford holding a ticket of leave was the man who took the cloth containing the money out of Uram’s box and that James Gurd a free man assisted Ashford in tying up the property belonging to Winter and my Husband, and carried away one of the Bundles. Ashford wore dark woollen trowsers and a red shirt and a straw hat, Gurd wore a pair of new duck trowsers marked with large letters, a duck smock and a straw hat, I knew them by their walk and height, neither of them spoke, I have known Ashford seven years, he lived at my husband’s House for ten weeks about two years ago, Gurd was an assigned servant to John Cox our next

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door neighbour between four and five years ago, and has lived in the neighbourhood ever since and has frequently been at our house with William Winter, who is a Tailor and resides there, the third man was dressed in a blue cloth Jacket and trowser and wore a black hat  he appeared stout and of a middle size, I think by his voice that he is an Irish man  Ashford has for some time past lived with Mr John Stevens, and Gurd with William Roach on Norfolk Plains

Signed Elizabeth Saltmarsh

Sworn before me at Launceston this ninth day of June 1826

Signed PA Mulgrave

The further information of Mrs Elizabeth Saltmarsh who being again sworn saith, I know this piece of white twilled cotton it is the property of my husband William Saltmarsh, I was sewing it when the three men came to my Husband’s House last Wednesday evening, Gurd tied it up in one of the Bundles and carried that Bundle out of the House, the shirt cost my husband twelve shillings and six pence I know this piece of velveteen I know this piece of pink silk and woollen waistcoating, I know this

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piece of purple striped green and white woollen and cotton waistcoating, I know this drab striped waistcoating the whole of these articles are the property of William Winter I know they were taken away from my Husband’s House by James Gurd and other men last Wednesday evening, Gurd and Ashford packed them up and Gurd threw the Bundles out of the House, Gurd brought this sheet and a number of other things to my Husband’s house on Thursday evening, they were given in charge of Joseph Gadesby.

Signed Elizabeth Saltmarsh

Sworn before me at Launceston this tenth day of June 1826

Signed PA Mulgrave

The information of William Saltmarsh who being sworn saith I am a Settler and reside at Norfolk Plains about eight o clock on last Wednesday evening I was sitting in my kitchen, which is detached from my dwelling house and about two yards from it, the Door of the kitchen is opposite the House Door my Dogs barked violently I went to the end of the kitchen from thence to the Barn and returned to the House went in and saw a man close to the Door dressed in a blue jacket and blue trowsers with the pistol in one hand and a gun in the other, he had a white sloth over his face, he said come this way, I said what do you mean, he repeated come

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this way pointed the Pistol at my breast and shoved me into the Passage between the House and the Kitchen and from thence in at the Kitchen door there were two other Men also with white cloths over their faces and each a fowling piece in his Hand standing rather behind and close to the man who spoke to me, I asked the man who pushed me into the kitchen what they wanted,  he said hold your tongue, we do not want to hurt you or any thing belonging to you, I said there is nothing in this place but what does belong to me, he again said hold you tongue, the two men who stood behind him then went into the house,   then ordered one to stand back form the kitchen Door Richard Knowles. John Foxall and Yimran Uram were with me in the kitchen, after those two men had been about twenty minutes in the House, the man who stood at the Door said to those in the house James Garrett you are too long I said you are disturbing my children, he then said to the two men if you take any thing from this man or than women (I supposed he meant my wife she was the only woman in the house) I will blow the top of your skull off, I then heard a knocking which I suppose was upon Yimran Uram’s Box which stood in my Children’s bedroom, I said do no break anything here is the key, Yimran said there is nothing in that Box but what belongs to me here is the key.

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do not break the box and he gave the key to the man who stood at the Door, about five minutes afterwards three Bundles which were tied up in something white were thrown into the Passage and the tall man ordered Richard Knowles and John Foxall to carry each a Bundle and one of the men who had been inside the House took the third bundle and went away with the tall man and the other man who had been in the House came to the kitchen Door with a fowling piece in his hand and a small white Bundles and remained there about half an hour, I then lost sight of him suddenly one of the men who went into the house had a duck smock frock and a pair of duck trowsers and I know by what I then saw of his walk and manner that it was James Gurd, I have known him well for the last six years, he has lived close alongside of me all that time, the other man who went into the House wore a pair of dark woollen trowsers a red woollen frock and straw hat. I am quite certain that William Ashford was that man, I am certain of it from this walk and manner. I have known him well about five years, he worked for me upwards of a month at a time about two years ago he was the mean who remained at the kitchen Door after the other were gone, and I am equally  certain that the tall man was James McGarrett, I knew him by his voice and

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person. I did not hear either of the other two men speak, I have know James McGarrett six or seven months, I have been five or six times in his company, after the men were gone I examined the house and found that some pieces of woollen cloth and cotton cloth the property of William Winter which I had seen in my bed room half an hour before those men came there had been taken away, William Winter lives with me, he came home about half an house after those mend were gone, I afterwards went with Winter to the House of John Stevens where Ashford lodges, I searched the House he was not there, this was a quarter after eleven o clock, I then went to William Roach’s house where James Gurd lodges, I searched it he was not there, James Gurd was brought to my House by Yimran Uram and William Winter about day break the next morning he was then dressed in a brown jacket, blue trowsers, a light waistcoat and a black handkerchief, I told him I could swear he was one of the men who had pillaged my House that night he said then I should swear falsely, I then pout him into the kitchen and told him two or three times that if he would shew me where the things were  that he had taken away I would not hurt him, he said he knew nothing of it, about two hours afterwards I again told Gurd that the was the man who had robbed my House and I should prosecute him, he said then I should be wrong, Winter soon afterwards

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came in with Constable Gadesby, I then asksed for a pair of hand cuffs, Richard Knowles handcuffed Gurd, Winter sometime afterwards called me and requested me to accompany him and Gurd with whom he had had some conversation I did not hear, I went with them john Foxall and Richard Knowles  between two and three miles from my House into the Bush  near to a Place called the big lump, Gurd  led us to a thick scrub in which there were two Bundles tied up in Blankets, Winter and John Foxall took charge of them, I went on with Knowles and Gurd, the latter led us to a Place called the little plain and in a scrub adjoining it I saw a knapsack to which Gurd who went before me pointed as he passed it, Richard Knowles took charge of that knapsack, Gurd went three or four tods further where some waistcoat pieces were lying on the Ground, Knowles put them into the knapsack, this was upwards of a mile from where we found the first two Bundles, I ordered Knowles to return to Winter and John Foxall and from thence to my House, Gurd then said if I would allow him to go by himself he would try to get the remainder of these property. I told him I would not, that I would go with him to within one miles of the place and would stop till he returned to me, he then went towards the Springs were

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James McGarrett resides, and when near where the road makers were at work Gurd stopped and said it was not use for me to go any further with him that he should not recover the property if I did that the man was well armed had pistols and a double barrelled piece, he said I had better stay where I was, I told him I would give him an hour to be away. He then went in the direction of James McGarretts House towards the big Hill and in about an hour returned with a quantity of things tied in a Blanket, I said have you got all her said yes. I said have you got the money, he said no, I will get what I have, and if I cannot recover the rest I will make it up out of my own,, I said that would be the best way and accompanied him back to my own House, he carrying the Bundle which I have in charge to Zimran Uram. I afterwards at John Steven’s handcufffed him and took him to my House and about eight o clock I told him it was a bad job, but that if he was willing to make everything good that he and others had taken away form my House I would not hurt him, he said he knew nothing of it and I said that I would given him five minutes to consider of I t, in about four minutes he said I know nothing of it, I have no money if I had I would willingly give it to have no further trouble about it, three or four minutes afterwards he said to James Gurd if you have got any money give it up and I

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will make it good to you again, Gurd then went out with Winter and Knowles returned in about two hours and Knowles said in presences of Gurd and Winter that they had made it all right by which I understood that Winter had got his money as Gurd told me before he left my House that he was going to get what he had of Winter’s money which was planted; Winter said in presence of Gurd, that there was either thirty two or Thirty fie pounds in paper money which with silver dollars and rupees amounted to Fifty pounds, Ashford was not to the best of my belief present when Winter acknowledged  that the paper money was his property or that with the silver it accounted to fifty-pounds, I think Ashford was in the kitchen when this passed.

Sworn before me at Launceston this ninth day of June 1826

William Saltmarsh

His MARK

PA Mulgrave

The further information of Mr William Saltmarsh who being again sworn saith the voice of James Mc Garrett much resembles that of the man who stood sentinel at my kitchen door last Wednesday evening. it is 3 miles from the entrance of Norfolk Plains from Launceston to the House occupied by Jonas Martin on the South Esk river.

william X Saltmarsh

His mark

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Sworn before me at Launceston this tenth day of June 1826

Signed PA Mulgrave

The voluntary confessions of James Gurd who saith I have lodged at the house of William Roach on Norfolk Plains about a month, I know William Ashford he lives at John Steven’s at Norfolk Plains we have been intimate for sometime, I know Thomas Arthur he lives at the Springs, about sundown last Wednesday evening I was near a stock yard at the back of Roach’s House William Ashford called to me I went to him he told me that there was a quantity of money and property in Saltmarsh’s House and that Thomas Arthur and he were going to take the property and that he wished em to do with them he had no musket in his Hand then, he desired me to go with him to Arthur, we went farther back from Roach’s House and as we went Ashford took a musket up from the ground and gave it to me, he took up another musket and carried it himself about three hundred yards farther back in the Bush we saw Thomas Arthur Sitting on the ground he had a musket in his hand, we then agreed to go to Saltmarsh’s House Ashford tied a piece of cloth over my face in which there were holes that I could see through.

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a similar piece of cloth was put over Arthur’s and Ashfords faces, Ashford knocked at Saltmarsh’s Door. I do not know what conversation passed between Ashford, Arthur and the people in the House, I am very hard of hearing, Arthur stood outside of the door whilst Ashford and I went into the House, Ashford spread some Blankets upon the floor of an inner Room  threw blankets and threw some pieces of woollen cloth  into them and made signs to me to tie up the Bundles, there were three Bundles, Dick Knowles and another of Saltmarsh’s men carried two of the Bundles I carried the other and Arthur accompanied us about two miles towards Launceston Ashford remained at Saltmarsh’s House and overtook us about half an hour after we had left it, Saltmarsh’s men then went away, Arthur, Ashford and I went a little way farther into the Bush and hid the property we had taken from Saltmarsh’s in five parcels part o f it in a knapsack, it was my knapsack, Ashford said he had twelve pounds in dollars,, he gave me three pounds in dollars and some paper money. I do not know if Ashford gave Arthur any part of the money or not, after we had planted the Bundles Arthur left Ashford and Arthur had first put his Bundles along way from the rest, Ashford left me about a quarter of the mile before I got home, this was about eleven o clock all in the House were in bed, I went to bed before

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daybreak the next morning William Winter and Yimram Uram came to me in Bed, they took me with them to Saltmarsh’s House where William Saltmarsh and William Winter told me that if I would find every thing there should be no more about it, I then went with Saltmarsh and Winter and shewed them  where the property was planted by Arthur, Ashford and I we took it back to Saltmarsh’s, Winter then told me that if I would get  him the money that had been taken which was fifty pounds, there should be no more about it, Winter and Richard Knowles then went with me to the back of Roaches farm where I had planted the money given to me by Ashford, I had left it under a rail and found it in the same place and state and took it with them to Saltmarsh’s where Winter counted it and said there was thirty two pounds and ten shillings in paper money. I then gave Winter the three pounds in Dollars I had hid with the paper money and fourteen pounds then shilling also in silver dollars which was money that I got from Samuel Cox who had it in charge forme to make up the fifty pounds that Winter said had been stolen from Saltmarsh’s House.

signed James Gurd

Taken before me at Launceston this ninth day of June 1826

signed PA Mulgrave

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The examination of William Ashford who saith I left eh House of John Steven’s of Norfolk Plains about dusk on Wednesday evening and went immediately to Jonas Martin’s and remained there until eight o clock next morning, I slept with a man name Holden, I did not see Gurd on any part of last Wednesday

Wm Ashford (Signed)

Taken before me at Launceston this nine day of June 1826

The information of William Winter who being sworn saith I am a Tailor and reside at the House of William Saltmarsh at Norfolk Plains last Sunday afternoon I put thirty eight pounds in paper money and forty eight silver dollars and a three and nine penny piece into a piece of white cotton cloth and placed it in a box belonging to Zimram Uram which stood in the room where Mr Saltmarsh’s children sleep, I locked the Box and gave the key to Zimran Uram, on Tuesday morning I left Saltmarsh’s House to go to Ross Bridge. I left some olive coloured some grey mixture and some blue woollen cloth some coloured cotton and some coloured woollen waistcoat pieces some raven coloured persian some white Persian, four yards of black silk, two woollen blankets and a quantity of calico shirting in Mr Saltmarsh’s bed room and the children’s bed room

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about half past eight o clock last Wednesday night, I opened Zimram Uram’s Box, he gave me the key, the Bundle containing the money I had put into it on Sunday was gone, the next morning about four o clock I found James Gurd at this lodgings at William Roachs’s, I told him that he must go with me, he said he did not know that he had any right to go with me. I told him that I would l shoot him if he made any resistance. I saw no Gun in his Room,, he went with me to William Saltmarsh’s., I left him there and returned about nine o clock  when he called me on one side and said if you will drop it I will take  you to the place where the property is, I said very well that is all I want the sooner we go the better. I had made Gurd no previous promise that I would not prosecute him, if he gave up the property nor said words to that effect, I merely said I will drop it if you will take me to the place where the property is, William Saltmarsh, Richard Knowles  and John Foxall accompanied Gurd and I about three miles from Saltmarsh’s to some very stoney hills Gurd led the way where in a very thick scrub I saw two Bundles tied up in Blankets, Foxall and I remained with those bundles about two hours whilst Saltmarsh

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Knowles and Gurd went further into the Bush, Knowles came back bringing a knapsack with him which with the two Bundles were took to Saltmarsh’s, constable Gadesby was there, to whom I delivered the Bundles and the knapsack one of the Blankets was mine one of the Bundles contained a piece of drilled linen cloth, some olive woollen cloth, some blue and while mixed woollen cloth and some blue woollen cloth, some cotton cloth and upwards of a dozen gilt metal buttons the other Bundle contained some black Persian, a remnant of blue mixture woollen cloth about 4 years and a half, three yards and a half of cotton corduroy, one piece of cotton pawer loom shirting and another piece of cotton cloth, in the knapsack there were a number of waistcoat pieces, one gross of gilt buttons, some raven coloured and white Persian all of which I believe is my property, I can swear that the whole piece of white linen drill is my property it is worth upwards of five Pounds, that was in one of the two first bundles that Gurd pointed out – I was at Saltmarsh’s House with Gurd after sunset that evening Ashford was also present, I told them I had lost fifty pounds in money, that I wanted my money back, Ashford said he knew nothing of it Gurd said to Ashford will you make the money up Ashford replied no I have no money if you have any give it to him and I will give it to you again

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I do not remember    Ashford said I had rather give the money than be in any further trouble about it, after that Gurd said he would go and get the money if I would go with him, I went with him to Samuel Cox’s House, Gurd told Samuel Cox that  he wanted the money which he had left with him to take care of, Cox gave him some silver dollars and silver Rupees amounts to about twenty pounds . I counted it and Gurd put it in his pocket I think there was twenty pounds and a dollar Gurd then took me to a fence at the back of William Roach’s farm and from under one of the Rails he took  a Bundle tied up in a piece of white calico, I untied the Bundle it contained some paper money tied with a piece of red tape, Gurd put some more papers into the Bundle which I immediately tied up and put in my hat, I do not know where he took those last papers from, I then went with him to Saltmarsh’s Housae, I threw opened the Bundle and found it contained thirty two pounds ten shillings in paper money there were two ten shilling Bills of Mr Simpsons which I swear are the same which amongst others I put into Zimram Urams Box on Sunday afternoon. I tied my paper money with red tape on that day – Gurd afterwards gave me in silver Dollars and Rupees to the amounts of seventeen pounds then shillings, I left the

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whole of this money in charge of Constable Gadesby this morning.

Signed William Winter

Sworn before me at Launceston this ninth day of June 1826

Signed PA Mulgrave

The further information of William Winter who being again sworn saith this piece of light drab velveteen is my property I saw it in Mr Saltmarsh’s House last Tuesday morning it is worth twenty shillings Richard Knowles brought it to Saltmarsh’s House last Wednesday evening about half past nine oc lcok I put it in to the Children’s room and saw it in the same situation on Thursday when I gave it in charge of Constable Gadesby this piece of striped green and buff Toilinett waistcoating is my property it is worth ten shillings, I left this in Mr Saltmarsh’s house on Tuesday morning I saw it taken out of a knapsack by Richard Knowles on Thursday morning near where Gurd pointed out the two Bundles in Blankets, Knowles put it back into the knapsack I went with him to Saltmarsh’s and saw him deliver the knapsacks and its contents to constable Gadesby.

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I received it from Zimram Uram this morning and delivered it to Constable Lawson, this piefe of pink silk and woollen toilinette waistcoating worth thirty shillings and this piece of pink and green silk and worsted toilinet waistcoating worth 10 shillings are my property, I also left them in Saltmarsh’s house last Tuesday morning on Thursday morning I found them in one of the Bundles pointed out by Gurd in the Bush assisted in carrying them to Saltmarsh’s house where I saw them delivered to Constable Gadesby and I this morning received them from Zimran Uram this piece of light drab striped toilinette worsted waistcoating is also my property, it is worth one pound, I left it at Saltmarsh’s house at the same time and recovered it in the same way as the articles last mentioned.

Signed William Winter

Sworn before me at Launceston this tenth day of June 1826

Signed

PA Mulgrave

The information of Richard Knowles who being sworn saith, I reside at the House of Mr William Saltmarsh at NorfolkPlains between seven and eight o clock last Wednesday evening I was in the kitchen, heard the dogs bark and saw three armed men come into the

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House at the front door, one of them came out at the back door, and ordered me to fall back, I was standing at the kitchen door opposite to and near the back door of the House, he soon afterwards put Mr Saltmarsh and his assigned servant James Woods into the Kitchen, I saw three parcels tied up in three Blankets thrown out at the back door of the House into the passage between the House and Kitchen the armed man who stood at the kitchen door and who had a Pistol and a fowling piece in his hand said to me Young Man come out here and carry one of these parcels, I pretended not to hear him, he sung out to me again, I went and took up one of the Parcels, and john Foxall who was also ordered out of the kitchen took up another of the parcels and one of their own party carried the third Bundle and he who stood at the Door walked after me and carried my Hat, they took us across Jordan/s and Thomas Steven’s Ground to the River side from thence to Widow Smith’s farm there to Zimram Uram’s ground then to John Eddington’s Ground they let us rest there as we went along the tall man said his name was Mickey Rice and he who carried the Bundle was Pat Dunn and that  the one who was behind was John Strong after we had stopped about ten minutes they took us to the Hill at the entrance

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of Norfolk Plains from Launceston and at about fifty yards from the Road the tall man ordered us to stop, John Foxall then said I am but a poor working man and I have left some things at Mr Saltmarsh’s, I hope you have not taken them, the tall man opened the Bundle which him whom he had called pat Dunn had carried there Was nothing there belonging to John Foxall, the man whom the tall man had called John Strong had then a pistol in his hand which he lifted up an pointed towards Saltmarsh’s, when the tall man said to John Foxall your things are at home, they tall man then took me on one side about ten yards from the others, put a pistol to my Head and said come to this Skilling pointing t o John Eddison’s and in one corner of it you will find some things which will be a handsome present for you, I said I would go there on Sunday morning, he requested me not to tell any person with me he then said that I and John Foxall might go about our business, I then said to John Foxall we will make for the road and not go by the river when the man called John Strong put his Pistol to me and shoved me towards the River and pointed for me to go that way, I did so, I cannot say what time it was when John Foxall and I left them it must have been after eight of clock.

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as we passed Saltmarsh’s Fence something fell out of the Bundle that John Foxall was carrying the man   picked it up  and when we were crossing Jordan’s Ground he gave me something and said take this piece of stuff I cannot carry it but you must not take it home, I put it down by a stump and as I returned found it in the same place I had left it and took it home and put it on a table in Saltmarsh’s House, William Winter soon afterwards came in and I gave it  him it was this piece of velveteen.

I only heard the tall man speak, I did not hear either of the other utter a word, I know known Ashford and Gurd several years, I did not that night suspect that either of them was of the party that robbed Saltmarsh’s House, I found a knapsack on Thursday when I was in company with James Gurd and William Saltmarsh and some  waistcoat pieces near it, they were pointed out by James Gurd, I took those things to Winter who was some distance off and carried them in his company to Saltmarsh’s House and left them with winter.

Richard X Knowles

his mark

sworn before me at Launceston  this tenth day of June 1821

signed PA Mulgrave

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The information of John Foxall who being sworn saith I am free by servitude I was at the House of Mr William Saltmarsh at Norfolk Plains last Wednesday night about eight o clock I was in the kitchen and saw three armed me enter the House by the front Door, one of them came to the kitchen door he was the tallest of the three, he had a fowling piece and pistol, the other two were in the House and after  they had been there some time three bundles were thrown out at the back door tied up in blankets, the tall man desired me to carry one of the Bundles, he put one of them upon my shoulder Richard Knowles had been ordered to carry another of the Bundles and one  of the men who had been in the House carried the other as we crossed mr Saltmarsh fence somethings fell out of the Bundle I carried the tall man ordered me to put them in again, I put them all back  except a piece of velveteen which the tall man carried, they took us to a skilling near the entrance of Norfolk Plains from Launceston they rested there about ten minutes when one of the three armed men who had stopped behind came to us, they then took us a very short distance farther when the tall man ordered us to put the things down took Knowles on one side and said something to him which I did not hear, Knowles and I were then going towards the road when one of the men who had remained longest in

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in Saltmarsh’s House shoved Knowles with a Pistol and pointed towards the River and we went in theat direction as we returned hom a goodish bit from Mr Saltmarsh’s House, Knowles took up something that was lying by the side of a stump of a tree, which he carried home, I saw it immediately we arrived there , it was this piece of velveteen – I cannot take upon myself to say that either Ashford or Gurd were of the party that robbed Mr Saltmarsh’s House on Wednesday night, they had all cloths’ over their faces and only the tallest man spoke

John Foxall

His X Mark

Sworn before me at Launceston this tenth day of June 1826

signed PA Mulgrave

The information of Joseph Gadesby who being sworn saith on last Thursday James Gurd delivered this piece of white twilled cotton to William Winter in my presence at Mr Saltmarsh’s house on Norfolk Plains who handed it to me, William Winter, delivered these four pieces of waist coating to me at the same time and place and also this piece of drab velveteen and in the afternoon of the same day I delivered then to Zimram Uram.

Joseph Gadesby

his x mark

p193

Sworn before me at Launceston this tenth day of June 1826

signed PA Mulgrave

The information of Zimram Uram who being sworn saith I reside at the House of William Saltmarsh at Norfolk Plains between seven and eight o clock last Wednesday evening I saw three men at the front door of the House they knocked at the Door Mrs Saltmarsh opened it, I then perceived they had something over their faces and each a Gun in his hand, I went up to them and asked what they wanted, one of them who was taller than the other two , said have you got any arms, have you got any men, I told him we had plenty men in the kitchen, two of the entered  the House and shut the front door, the tallest took me round the House to the Kitchen and put me in at the Door Mr Saltmarsh and his servant came to the back door of the House soon afterwards and the same Man put him in also, they remained there about half an hour, I saw several Bundles put out at the back door, I do not know how many on of the armed men ordered Richard Knowles to assist in carrying the Bundles, two of the armed men went with them, the other two remained walking backward and forward  between the House and kitchen

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about a quarter of an hour and then went away, I did not know either fo the three men, I lent William Winter the key of my Box one day the beginning of the week, he frequently kept things in my Box and kept the key of it for days together he gave me the key of my Box again on the morning that he said he was going to Ross Bridge. I did not open my box until about four o clock on Wednesday afternoon when I toolk out a razor and combs, I ddi nto then see any Bundle in the box tied up in shite calico, whilst I was confined in the kitchen that evening, I heard a knocking in the House and Mrs Saltmarsh said the men in the House were going to  break my box open, I gave the key to some one, I think to the man who stood sentinel at the door, after the three men were gone I went into the rom where my Box had stood it was open and every thing had been taken out of it there might have been a small parcel in the Box when I opened it on Wednesday afternoon without my seeing it, I did not then examine the Box – Constable Gedesby left some Bundles in my charge in Saltmarsh’s House last Thursday afternoon, I gave William Winter some articles from those same Bundles this morning there were

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three or four waistcoat pieces a white sheet and a piece of velveteen, I did not take any particular notice of thte things that Winter had from the Bundles but I am sure they were from the same Bundles that Gadesby left with me and which had been in my custody ever since, I have often seen William Ashford and Jame Gurd at Saltmarsh’s House Gurd had often been there with Winter, I know a place called the big lump, it is between two and three miles from Saltmarsh’s house it is a bad road to ti, I do not know where Jonas Martin lives

Zimram Uram

his X Mark

Sworn before me at Launceston this tenth day of June 1826

signed PA Mulgrave

The information of Samuel Cox who being sworn saith I am free and reside at Norfolk Plains about three weeks ago James Gurd deposited sixty eight Dollars in my hands and last Sunday morning he came to my House  with William Winter and gave me thirteen Dollars and sixteen rupees and said I have brought you a little more money to take care of for  me, on Thursday night William Winter,

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Richard Knowles and James Gurd came to my House and Gurd said Sam I must trouble you for the money I left with you, I immediately gave him back his money it amounted to  Twenty two pounds five shillings Winter, Knowles and  Gurd then went away, Gurd put the money into his Pocket

Samuel X Cox

His mark

Sworn before me at Launceston this tenth day of June 1826

signed PA Mulgrave

The information of Thomas Roles who being sworn saith, I hold a ticket of Leave and live at the House of Jonas Martin at the South Esk River, I am a shoemaker, I know William Ashford, I was making a pair of half boots for him, last Wednesday evening he came to Jonas Martin’s house, a good while after sundown, I do not know what o clock it was when he came there, I had done three hours work between sundown and the time he came there, I had finished one of his half boots when he came and he requested me to sit up and finish the other because he wanted to wear them and was bare footed he waited till I had finished the boot and went to

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bed with William Holden, I saw him get up form that Bed the next morning at day light and go away immediately there was not person in the House that night besides Jonas Martin, William Holden, William Ashford and I , Ashford had no gun when he came there, he did not appear heated or agitated.

Signed

Thomas Roles

Sworn before me at Launceston this 10th day of Junes 1826

signed PA Mulgrave JP

The information of Jonas Martin who being sworn saith William Ashford came to my house on Wednesday evening after supper, it might have been nine or half past nine o clock, I cannot say what o clock it was, there was neither watch or clock in the house. I do not think it was ten o clock when he came there he said he came to get a pair of half boots which Thomas Roles was making for him, Roles sat up and finished the boots, Ashford slept that night in my house with William Holden, to the best of my knowledge Ashford did not leave my house from the time he came there until seven o clock the next morning – I saw no arms in his possessions, he did not  appear heated or flurried when he came there

Jonas X Martin

his mark

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sworn  before me at Launceston this tenth day of June 1826

signed PA Mulgrave JP

The information of William Holden who being sworn saith I am free by servitude and reside at the House of Jonas Martin, I was there last Wednesday evening William Ashford came there before eight o clock to the best of my opinion I am certain it was not nine o clock when he came there, he slept with me there that night and I do not think he left the House till seven o clock the next morning, we went to  bed about eleven o clock that was a couple or three hours after Ashford came there, I never spoke to Ashford before that night, Martin, Roles and I were summoned together this morning and same in together we had no conversation about Ashford as we came along

william X Holden

His mark

Sworn before me at Launceston this tenth day of June 1826

signed PA Mulgrave

The information of Mary Ann Townsend who being sworn saith I keep a public house at the Long Meadows, James McGarrett came there on the evening of Wednesday last the seventh of June instant soon after sundown, and remained there about three hours

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John McKnight was there part of the time and George Powell the whole of the time McGarrett was in my House, the latter went away with him.

Mary Ann X Townsend

Her Mark

Sworn before me at Launceston this thirteenth day of June 1826

signed PA Mulgrave

The information of William Roach a settler at Norfolk Plains who being sworn saith I know James Gurd he came to lodge at my house a month ago last Thursday he left my House about sunset last Wednesday he did not return until late that evening William Saltmarsh and William Winter searched my House about eleven o clock, Winter had previously been there about nine o clock and had enquired for James Gurd who goes by the nick name of Jimmy the shoeman

signed William Roche

Sworn before me at Launceston this fourteenth day of June 1826

Signed PA Mulgrave

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The information of John Stevens a settler at Norfolk Plains who being sworn saith William Ashford who holds a Ticket of leave has been living at my house about a month last Wednesday on that evening he came home a little before sunset and not much, he got his tea and supper there, he complained that his shoes were very bad and said that he would go to Jonas Martins the next day to get a pair of boots that a man was making for him there, I told him that I should want him to thrash some seed wheat the next morning and that he had better defer going for his shoes until Sunday, he replied I have a great mind to go tonight and left my House soon after dark, he did not return home that night, he came home after breakfast the next morning. I saw no arms in his possession whilst he was at my House, James Gurd has come to see Ashford at my House, three or four times since he has lived there and they have gone out together, Ashford has stopped out all night twice since he has lived at my House, I was to pay him sixpence a Bushel for thrashing wheat for me, he could thrash seven of eight bushels per day, he had his board and lodging besides this prices for thrashing he is a very sober man.

Signed John Stevens

p201

Sworn before me at Launceston this fourteenth day of June 1826

signed PA Mulgrave

The further voluntary confession of James Gurd who saith Thomas Arthur now present is not the man whom I alluded to in my confession taken on the ninth instant, I did not see him on the day of the robbery or the day after – when I went away from Wm Saltmarsh’s as stated by him, on Thursday morning I did not see Thomas Arthur, I went to the place where the bundle had been planted, I do not know by whom, I am not now certain that Ashford was with me when the Robbery was committed, I think he was with me, I cannot swear he was with me

Signed James Gurd

Taken before me at Launceston this fourteenth day of June 1826

Signed PA Mulgrave

The information of Eliza Smith free by servitude who being sworn saith, I resided at the House of Thomas Arthur last Wednesday at the Springs he holds a Ticket of Leave, he went to Launceston that day to muster and returned about sunset he was not out of my company that eveninig we remained upon the premises and slept together that night

Eliza Smith (her? signed?)

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Sworn before me at Launceston this fourteenth day of June 1826

signed PA Mulgrave

The information of Sarah Williams who being sworn saith I am free and have resided at the House of Thomas Arthur at the Springs about three weeks, I was there last Wednesday Thomas Arthur came home about sunset he remained upon the Premises all that evening, he did not leave the Premises from the time he came home that evening until I went to bed between ten and eleven o clock, he slept in the same bed with Eliza Smith, I slept with Mrs Martin that night in Arthur’s house, she has been staying with me a bit to help me do some sewing and washing, I have been three times asked in church to Thomas Arthur, we fell out about three weeks ago and I do not know that we shall be married at all, I have continued to live in his House since we fell out, I cook and wash for him, he does not pay me any wages, I do not pay him any thing for my board and lodging, I have seen William Ashford at Thomas Arthur’s house six or seven weeks ago. I did not see him there last Wednesday or Thursday he sued to come to Arthur’s House to bring his linen which I washed for him, I never saw James Gurd at Arthur’s House I do not know that I even saw him before except once near the Door of the Police Office

Signed Sarah Williams (by her?)

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Sworn before me at Launceston this fourteenth day of June 1826

Signed PA Mulgrave

\

The information of Frances Martin who being sworn saith, I am the wife of Jonas Martin who lives near the South Esk River, my husband and I parted the first of this month. I have since resided at the House of Thomas Arthur as the Springs. Mrs Williams and I take in needle work and washing there, I was there all day last Wednesday, Arthur came home just as the sun went down, he went out of the House soon afterwards to put some fires together where he was burning off some timber close to the Door he returned in three quarters of an hour and remained in the house until I went to bed between ten and eleven o clock, I slept with Mrs Williams that night, Arthur slept along with Eliza Smith they went to bed before I did in the same room, there is only one Room in the House, I do not wish to say why I left my husband, I do not wish to expose him and I do not suppose he wishes to expose me. I never saw William Ashford or James Gurd at Thomas Arthur’s House

Frances X Martin

Her Mark

Sworn before me at Launceston this fourteenth day of June 1826

Signed PA Mulgrave

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The information of William Sears who being sworn saith, I am  an assigned servant to Mrs Townsend who keeps a Public House at the Long Meadows James McGarrett came there about seven o clock last Wednesday evening, there was not clock in the House, it was a good while after sundown, he remained there two hours to the best of my judgement, George Powell a Blacksmith came with him and went away with him

William X Sears

his mark

Sworn before me at Launceston this fourteenth day of June 1826

Signed PA Mulgrave

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Cornwall

Van Diemens Land

To wit

The information of Mr William Nairn Gray who being sworn saith I am a Settler and reside on the South Esk River, about two o clock last Sabbath day, I rode to the Hut occupied by James Robertson on the left bank of that River, there were two men standing in the doorway with Guns in their hands, one of them named Edward Howe when I got within ten yards of the House presented his gun at me, and said, dismount or I will shoot you, I dismounted. Howe ordered me to go into the Hut, saying I suppose you know we are Bushrangers, I there saw Michael Brown, he had a Pistol and a Gun, also George Ellis and William  Birt who were both armed, Mr James Robertson was tied to William Farrill and Thomas Davis William Farrill was James James Robertson’s Assigned servant and Thomas Davis his or his Brother’s, Mr Robertson was tied between the two, Howe asked me if I had any pistols, searched my pockets and took my watch from me, I asked him to return it me the seal he did so, and said if we behaved well he would give me my watch before he left us; Phillip Davis an assigned servant to Mr John Smith went

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up to the hut and was taken Prisoner with me, after Howe had taken my watch he mounted my horse and rode away, as he stated to see if any Person was near he  returned in about five or six minutes with John Haines assigned servant to Stynes and Troy; I was tied by my left hand to this man, Mr Smith’s man was not tied, the four Bushrangers then ordered us out of the Hut and to track toward Widow Smith’s Hills, Howe again mounted my Horse and Brown, Ellis and Birt made us march before them, I asked John Haines if I might depend upon his standing by one to rush the Bushrangers he said I might, I also obtained the same assurance from Mr Smith’s man Phillip Davis, and I believe that he likewise concerted with Mr Robertsons two men to attack the Bushrangers if opportunity should offer, and Mr Robertson had agreed with me to do so, after we had proceeded some distance the Bushrangers untied John Haines and tied my left hand to Thomas Davis’s whose left was   tied to Mr Robertson’s and that Gentleman’s left hand was tied to the right hand of William Farrill, I prevailed upon the bushrangers afterwards to let Farrill loose he having a sore leg and also to take us to

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Mr Joseph Bonneys Hut on the opposite side of the River when we got to the South Esk River Howe crossed it at the Ford upon my Horse which he tied and was crossing the River in Mr Earls Boat to fetch us over Michael Brown was standing close before me armed with tow guns and a knife, Ellis and Birt were standing behind the whole party both well armed, Phillip Davis and John Haines walked alongside of Ellis and Birt. I looked round to shew them I was ready, they immediately seized Birt and Ellis and with my right arm I clasped Brown so close to  me that the could not move either of his arms, William Farrill immediately seized hold of Brown and by much exertion I disengaged my left arm from Thomas Davis’s hand, Mr Robertson at the same moment cut the Handkerchief  which tied him to Davis’s other hand, took one of the Guns from Brown and attempted to fire it at  Howe who had turned the Boat and was proceeding to the opposite side of the River, I attempted to fire a Blunderbuss that had been taken from Birt or Ellis at Howe that also missed fire, I fired three another shots at him but it was getting so dark I could only perceive the paddles of the Boat when they struck the water William Farrill then fired two shots at him but we  could not tell if they took  effect

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or not, so soon as Thomas Davis got his hands at liberty  he rendered every assistance to secure Brown Birt and Ellis, whose hand we tied and marched them to Kearney’s Hut, we remained there that night, the next morning we found the Boat which Howe had taken away had drifted to the left bank of the River, there was a Pistol in the Boat which I saw in the possession of Howe the day before my Horse could not be found on the other side of the River these two blunderbusses and these two pistols were taken from the Bushrangers I do not know from which, Howe had a double barrelled Gun when he crossed the River upon my horse, Phillip Davis William Farrill Thomas Davis and John Haines gave every assistance that men could give in such a situation this Blunderbuss with a bayonet was not our of my possession from the time it was taken from the Bushrangers until I delivered it to the Superintendent of Police yesterday this other Blunderbuss was delivered to me by William Farrill yesterday and I delivered it the same day to the Superintendent of Police the watch taken from me by Howe was a silver hunting watch it cost me ten guineas in England. The horse taken away by Howe is an entire roan Horse six

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years old my Property he is worth seventy pounds.

signed W Gray

Sworn before me at Launceston this second day of August 1826

The information of John Phillip Davis an assigned servant to Mr John Smith who being sworn saith I reside at my master’s stock hut on the right bank of the South Esk River last Sunday morning I was on the opposite side of the River with john Haines an assigned servant to Stynes and Troy when within three hundreds yards of Mr Robertson’s Hut where I supposed it was likely Bushrangers where I left my Gun and Pouch with John Haines and went towards the Hut to Reconnoiter M Gray arrived at the Hut with me when Edward Howe and George Ellis both armed with Guns pointed  them at me and Mr Gray and ordered us to go into the Hut. I there saw Michael Brown armed with a fowling piece, William Birt was armed with a Gun and a Pistol Ellis had   likewise a Blunderbuss and

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Howes Blunderbuss also Mr James Robertson and two of this assigned servants were tied together in the Hut Howe searched Mr Gray and one of the Bushrangers took something from him I believe a Watch as I saw the Chain they searched  me but took nothing from me Howe mounted Mr Gray’s horse and rode away he was then armed with a double barrelled Gun and a Blunderbuss he returned soon afterwards with John Haines Howe had then my Gun and the one I had seen with Haines when I left him, the Bushrangers tied John Haines to W Gray and obliged them Mr Robertson his men and myself to march towards Mrs Smith’s Hut Howe rode Mr Gray’s Horse Brown Ellis and Birt guarded us on foot I asked the Bushrangers to let me go they refused when we had got to the South Esk River Howe crossed it and left us in charge of Brown Ellis and Birt we then went up the Bank of the River and stopped opposite Mr Earls Boat Howe launched the Boat and was crossing the River in it, Mr Gray Mr Robertson and one of his men had their hands tied together Brown was standing in front of Mr Gray  armed with two guns Ellis was rather behind me armed with a Gun and a Blunderbuss

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Birt was by the side of me and close to Mr Gray armed with a gun and A Pistol John Haines was standing by the side of Ellis Mr Gray whom I had promised to assist in rush the Bushrangers looked round which I thought was a signal that he was ready. I coughed loudly to attract Haine’s attention when Haines said let us go to work and instantly seized Ellis I laid hold of Birt and Mr Gray put his right arm round Brown and kept down both his arms till one of Mr Robertson’s men came to his assistance. Mr Robertsons disengaged  himself from the man to whom he was tied and assisted in scouring Brown Birt and Ellis who made but a faint resistance Mr Gray got his left hand at liberty and fired several shots at Howe who was crossing the river in the Boar a man of Mr Robertons’ fired at him also but it was then dark this pistol I took from Birt and left it in my possession until I delivered it to  Mr Mulgrave the Superintendent of Police yesterday all the arms taken from the Bushrangers were loaded

signed John Phillip Davis

Sworn before me at Launceston  this second day of August 1826

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The information of John Haines who being sworn saith I am an assigned servant to Messieurs Stynes and Troy and usually reside at their Hut at Break of Day Plains on last Sunday I was with Phillip Davis in pursuit of Bushrangers near the Hut of Mr James Robertson at the South Esk River he left his Gun and Pouch with me and went towards the hut about a quarter of an hour afterwards a Man rode up to me armed with a double barrelled Gun a Blunderbuss and a Pistol I pointed a Gun at him and ordered him to stand and said who are you he said I am a Friend I supposed that you and the man that went to the Hut were Bushrangers and I came to see you I grounded my two Guns he then rode up to me and suddenly presented a blunderbuss at my head and obliged me to deliver up my own Gun and  that left with me by Phillip  Davis and ordered me to walk as quick as possible to My Robertsons Hut I there saw Michael Brown he was armed with a Gun also William Birt he was armed with a Rifle Piece and George Ellis who had a Blunderbusss and Guns. I believe the man who was on horseback is named Howe one of these four men tied me and Mr Gray together Mr James Robertson was tied between two men assigned servants to him or his brother

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Phillips Davis was not tied the Bushrangers ordered us to do to the South Esk River, when I had got about half a mile Ellis untied me, and one of Mr Robertson’s men was also untied soon after because he was lame and could not walk well Mr Gray was tied to Mr Robertson’s other man when we got tot the South Esk River, Howe Crossed it upon Mr Gray’s horse and Brown, Ellis  and Birt ordered us to walk up the river to where Mr Earls Boat was stationed, Howe was crossing the river in the Boar when at a preconcerted signal I seized Ellis, Phillip Davis secured Birt and  Mr Gray with his right arm held Brown closely clasped to him until one of Mr Robertson’s men helped him to secure him. Brown was then armed with two Guns, five or six shots were fired at Howe by Mr Gray, Mr Robertson and one of Mr Robertson’s men whilst he was in the Boat, I took this fowling piece and  this blunderbuss from Ellis he dropped a pistol which was found by one of Mr Robertson’s men the next morning, when I saw the Boat in which Howe was the preceding evening on the left Bank of the River there were six or seven shot holes in the Boat and this pistol was in the Bottom of the boat I brought it to Launceston

p214

and delivered it to the Superintendent of Police yesterday

signed John Hanies

Sworn before me at Launceston this second day of August 1826

The information of Daniel Simms who being sworn saith I hold a ticket of Leave and reside at the Stock Hut of Mr John Earl on the right bank of the South Esk river about two o clock last Tuesday. Thomas Thomas a free man in the services of Mr John Smith came to Mr Earls Hut and told me that there was a Bushranger in the neighbourhood who had kept him /Thomas/ a prisoner all night and that he believed that he was then with Mr Joseph Bonney’s shepherd, I loaded my piece and soon afterward heard a Gun fired in the direction of Mr Bonney’s Hut Josiah Mills as assigned servant to Mr Earl was there I desired him to accompany me went out and immediately saw a man running from Mr Bonney’s Hut with a Gun in his hand one of Mr Bonney’s servants a free man named Richard Nicholson fired at him the man continued running

p215

I ran towards him he pointed his Gun at me, I immediately pointed mine at him he then dropped on his knees and I immediately fired at him Richards Tonks an assigned servant to Mr Bonney got first up to the man who had presented his piece at me and who several times attempted to stab him with a large knife, Nicholson, Mr James and Mr Christopher Bonney Mills and I ran up, I said I will load my piece again if he does not surrender, I drew my ramrod and then threw down his double barrelled run and his knife and said to me you old Bugger I wish you had shot me dead I am sure to be hung there was a shot wound in his right arm I gave him that wound I took these four bags from his person one of them contains bullets two gunpowder the other buck shot they are in the same state and when I took them from him and as well as the double Barrelled Gun and knife have been in my possession ever since he called himself Edward Howe it is the Person now Present

Daniel X Simms

his mark

The information of Mr William Nairn Gray who being sworn saith on Sunday last the thirtieth of July ultimo I rode up to the Hut occupied by Mr James Robertson on the left Bank of the South Esk River the prisoner Edward Howe was standing at the door with a Gun in his hand which he levelled at me ordered me to dismount and to go into the Hut when there he took from my person a silver hunting watch my property worth ten guineas and afterwards rode  away with the horse it was a roan entire horse also my property worth seventy pounds

Signed MW Gray

Sworn before me at Launceston this fourth day of August 1826

p216

Cornwall

Van Diemens Land

To Wit

The information of Mrs Mary Smith of Norfolk Plains  who being sworn saith about seven o clock on the evening of Saturday the fifteenth day of July Ultimo, two armed men entered the sitting room of my dwelling house, both their faces where Blackened one of them was a tall stiff man the other was a short stout man both of them were dressed in smock frocks, and light coloured trowsers the shorter man knocked me down several times with a short kind of Gun, they broke open my Drawers with an axe ransacked them,  carried away a great quantity of linen wearing apparel, Books and papers my property, this black silk pelisse lined with cotton stuff, this blue cotton velvet scarf spotted black and  lined with white silk,  this lead coloured silk crepe shawl these two cotton shirts this white cotton Petticoat this plancy? coloured silk, this white cotton shirt, this narrow  striped white cotton petticoat, are all my property and were forcibly taken and carried away from my premises that evening

signed Mary Smith

Sworn Before me at Launceston this fifty day of August 1826

signed PA Mulgrave

p217

The information of James Burton a constable who being sworn saith I  searched the premises of John Stevens of Norfolk Plains yesterday, Michael Minnock was employed in putting sheaves of wheat into a Barn, there was  a Bed and Blanket at one end of the Barn which Michael Minnock said were his about three feet behind the Bed and two or three yards above it I found this Bundle containing this cotton velvet shawl the crepe shawl this black silk pelisse and these two cotton shifts close by the side of the bed I saw William Winter take up this Carbine from under some sheaves of wheat he delivered it to me, I went into the House and asked Mrs Stevens which   was Minnock’s box she said she did not know what was his, Minnock pointed out a Box which he said  was his and gave me a key with which I opened the box and saw William Winter take out this plum coloured silk these two white cotton petticoats this white cotton shirt and these pieces of blue woollen cloth he delivered them to me they have not been out of my possession since, the beam in the Barn behind which the bundle was found was about nine feet higher than the Bed

signed James Burton

sworn before me at Launceston this fifth day of August 1826

signed PA Mulgrave

JP

p218

The information of William Winter who being sworn saith I went to the house of John Stevens at Norfolk Plains yesterday

along with Constable Burton, Michael Minnock was at work in the Barn I saw a Bed there, Minnock said he had slept upon it ever since he had been at Mr Stevens about three feet from the side of the Bed I found this carbine covered with a sheaf of wheat, the wheat was raised up a few feet behind the head of the bed and in a hole in the what behind a beam I found a Bundle which I delivered to Constable Burton who went into the house with Minnock who at Burton’s request delivered him the key of a Box which Minnock said was his Burton unlocked the Box I examined it and found some plum coloured silk, two white cotton petticoats, and a cotton shirt intermixed with other articles of wearing apparel which Minnock said were his that silk those petticoats and that shirt I delivered to Constable Burton. The box stood in the sitting room. Samuel Webb and Mrs Stevens were present when I examined Minnock’s Box as well as Richard Ruflin.

Signed William Winter

sworn before me at Launceston this fifth day of August 1826

signed PA Mulgrave

p219

The information of John Stevens a settler who being sworn saith I reside at Norfolk Plains about a mile from the House of Mrs Mary Smith Michael Minnock was employed by me about six months ago to thrash wheat and has since usually slept in my barn until last Friday, during the last three weeks he has slept alone in the barn at my request to take care of the wheat I do not know where he was the early part of the evening of the fifteenth or twenty second of July about nine  o clock that night he hade his bed in the sitting Room of my house. Richard Ruffin was the only person who slept in the same room with Minnock that night I went to bed myself about nine o clock Minnock could have left the House without my knowledge after I was in Bed, I assisted Minnock about twelve o clock on Friday last to remove some wheat from the yard into the Barn he did not tell me that I he had found any thing that morning his Box stood in my sitting Room he always kept it locked and kept the key himself no person has worked in the barn with him whilst he had been employed there except some time in assisting him to clean the wheat the Barn is an open Barn or rather more of a shed than a Barn there is no weather boarding round the sides there is a little above the wall plate at the end but none below Ruffin and Minnock slept in the same Bed on the night of the twenty second of July

sid  John Stevens

sworn before me at Launceston this eight day of August 1826

sigd  PA Mulgrave jp

p220

The information of Samuel Webb free who being sworn saith I am a Taylor as was at work in the sitting room of Mr John Steven’s house from day light last Friday until late in the afternoon I left the room once or twice on that day for five or ten minutes. I do not know what part of the day, Michael Minnocks Box stood within a yard and a half of the place where I sat at work I do not know that he opened his box on that forenoon he did not tell me that he had found any things on that day nor on any former day a day or two before last Friday Michael Minnock asked me to go into John Steven’s Kitchen and said he had got some cloth there, which he shewed me, there were two piece of blue woollen cloth upon a table by the side of which there was a Bundle in something that looked like a white petticoat, the two pieces of cloth appeared to have formed part of the skirt of a pellise. Minnock asked me if they would make him a Jacket I told him I thought there would be too little, James Horan who stood close to the table put hishand into the Bundle and took out the two other pieces of Blue cloth of the same description as those shewn me by Minnock and said here are two more pieces they are no use to me you many as well have them, these are those two pieces of blue cloth they appear to have been the Pores?   of a Pelisse  or riding habit and I believe these other pieces of blue cloth formed part of the two pieces thrown me by Minnock, I cut them up for  jacket for Minnock I did not see any other of the contents of the Bundle upon the table.

Samuel  Webb

His X mark

sworn before me at Launceston this eight day of August 1826

sigd  PA Mulgrave jp

p221

The further information of Mrs Mary Smith who being sworn saith when my house was robbed on the fifteenth of last July a blue cloth pelisse and a blue cloth riding habit were stolen the cloth of the latter was of the same description as these two ???? which I believe formed part of my riding habit it was made by Mrs James Mills

signed Mary Smith

sworn before me at Launceston this eight day of August 1826

sigd  PA Mulgrave jp

p222

sworn before me at Launceston this eight day of August 1826

sigd  PA Mulgrave jp

James Burton a constable who being sworn saith I found these two pieces of blue cloth last Friday in the Box of Michael Minnock in the House of John Stevens at Norfolk Plains

sigd James Burton

sworn before me at Launceston this eight day of August 1826

sigd  PA Mulgrave jp

Cornwall Van Diemen’s land

To Wit

The information of Thomas Jordan free a settler at Norfolk Plains who being sworn saith upwards of a week ago I went to the House of John Steven’s early one morning. I do not remember the day I saw Michael Minnock in the kitchen standing by a table

p223

upon which there laid some blue woollen cloth and a Bundle tied upon in something white about three times the size of my Hat near the cloth Jame Horan stood near the table I have seen him working in Mr Steven’s Garden Minnock and he were talking about the blue cloth I did not hear all that passed Minnick said he would buy the cloth if there was enough to make him a jacket I heard James Horan say that he would sell the cloth to Minnock I do not know to whom the Bundle belonged or what it contained. Webb the Tailor was in the kitchen as the time.

marked by  Thomas Jordan

his X Mark

sworn before me at Launceston this tenth day of August 1826

sigd  PA Mulgrave jp

The information of George Brown who being sworn saith I am free and cook to John Stevens of Norfolk Plains, I know Michael Minnock and James Moran, I remember seeing a Bundle upon a table in the kitchen  of my master’s house early one morning last week  the Bundle was tied in something white it was three times as big as a man’s hat Michael Minnock and James Horan were there also Webb a Tailor, there was a piece of cloth near the Bundle. I do not know who  the Bundle or the cloth belonged to, I have heard Horan row Minnock about a Hat which Horan told Minnock he had put in the Barn and he suspected that he Minnock had taken it then passed four weeks ago  \

marked by George X Brown

His mark

sworn before me at Launceston this tenth day of August 1826

sigd  PA Mulgrave jp

p224

The information of Daniel Tipping who being sworn saith I hold a Ticket of Leave and am servant to John Stevens of Norfolk Plains I was harrowing upon his farm last Friday afternoon. James Horan was with me who said that he had found a Gun in the stack in Steven’s yard which he had reported to Stevens, Horan did not say when he found the Gun as when he reported there is rspace  between the stack and the Barn about two feet arrides?

marked by Daniel Tipping

his X mark

sworn before me at Launceston this tenth day of August 1826

sigd  PA Mulgrave jp

The information of John Stevens who being sworn saith James Horan came into my service about six weeks ago, he never told me he had found a Gun hid in my Barn or on my premises, when he first came, he asked me if I knew any onewho wanted a Good Gun. I told him I did not this was the only conversation I  ever had made with him about arms.

signed John Stevens

sworn before me at Launceston this tenth day of August 1826

sigd  PA Mulgrave jp

p225

The examination of Michael Minnock who saith I found the Plum coloured sick the two white cotton petticoats the cotton shirt which William Winter took out of my Box yesterday under a stack of wheat in John Steven’s yard yesterday morning along with a sheet and a piece of a sheet and the piece of a sheet upon my bed the rest   of the articles I put into my box no person was present when I found them nor when I put them into my Box, I did not tell any person I had found them I knew nothing about the Carbine nor the things found near my Bed no persons slept with me in the Barn except a child no person worked with me in the Barn except when we were shifting wheat

marked by Michael X Minnock

his mark

taken before me at Launceston this fifth day of August 1826

sigd  PA Mulgrave jp

The further examination of Michael Minnock who saith what I stated in my former examination is untrue, the blue woollen cloth, the two cotton petticoats and the cotton shirt which constable Burton and William Winter found in my Box I purchased of James Horan last Thursday morning in John Steven’s kitchen there were also some pieces of white cotton I gave him three pounds for them. I do not know what else he had in the Bundle there was not a shift among the things I bought of him that I know of George Brown and Thomas Jordan were present when I bought them

p226

I paid Horan for them at the time in paper Money.

taken before me at Launceston this eight day of August 1826

sigd  PA Mulgrave jp

[nb: dates above aren’t in chronological order on same page – so this is a written copy – where are original reports?]

The examination of James Horan who saith about a fortnight ago I found a short Gun in John Steven’s Barn between the unthrashed wheat and some straw I was looking for a Hat which I had lost when I found the Gun I did not remove it there was a flint in the Gun and some twine around the stock there was no person in the Barn when I found it, it was about the middle of the day. I went immediately to John Stevens who was sitting alone in his sitting room and repeated my having found the Gun and asked him if it was his piece the only answer he made was I know that piece is there he did not say whose it was nor did I ask  . Mrs Stevens was passing between the Bedroom and sitting room during this conversation I have not seem that piece since I described it to John Steven’s I told him I thought it looked like a rifle piece.

taken before me at Launceston this eighth day of August 1826

sigd  PA Mulgrave jp

p227

The information of Richard Nicholson who being sworn saith I am free and was in the service of Mr Bonney on the first of August last and was at his Stock Hut near Ben Lomond in company with Thomas Wall Richard Tonks [i] James Major and James and Christopher Bonney the two Mr Bonney’s were out after cattle Major was out with his sheep Richard Tonks ought also to have been out with his sheep my master’s sheep are in two separate flocks Thomas Watt and I were in the Hut about twelve o clock that day when a man armed with a double barrelled piece came up to the door and said stand or I will blow your brains out he ordered Watt and myself to some out of the Hut we did so and walked about four or five yards from it when he ordered us to stop or he would blow our brains  out he pointed a double barrelled gun at us in his left hand over the gun he held a large carving knife we had been standing in this position three or four minutes

p228

when I saw Tonks came out of the Hut I did not know that Tonks  was in the Hut the armed man ordered Tonks to go and find Ropes to tie our hands with Tonks went up to the Stock Yard and returned saying there was not Rope the armed man told him to go and find some or he would blow his Brains out Tonks went to the Stock Yard which is about 150 yards from the Hut and I shortly afterwards saw his returning he beckoned to the armed man who I supposed did not see him Tonks then called out “By Gad be off here is the Soldiers coming” the armed man turned about to run off as I supposed in doing which his foot slipped and he fell down as he fell one barrel of the piece he held went off and I afterwards saw that the Balls had gone into the Hut the armed man got up and ran away I ran into the Hut and took up a musket that was standing in one corner of the Hut I followed and overtook the man told him to stand he turned round and presented his piece at me I fired at

p229

but missed him Watt was with me armed with a stick after I fired the armed man ran away Watt and I followed him the two Mr Bonneys also followed him after I had fired I saw Tonks standing within ten or twelve yards of the armed man and run away with him two of Mr Earls men were coming across the Plain towards us the armed man and Tonks were between them and us I called to one of them named Daniel Sims to fire the armed man threw his double barrelled piece down and Tonks took it up, he had then only his carrying knife in his hand he turned around and ran towards me when he was within three yards of me I threw the musket at him and hit him, Tonks was standing close to him, and gave him the Piece back again (previous to this Tonks dodged round the Bushrangers as I supposed him to be to prevent Simms from firing at him), he kneeled down and appeared to be priming his piece Simms immediately fired at and wounded him in the arm  he then got up and went and gave himself up to Mr James Bonney who was not more than four or five yards from him at the time. Tonks and I carried him to Mr  Bonney’s hut a little time afterwards I asked Tonks why he had not taken the man when he had such

p230

good opportunities Tonks replied I could have taken him but I did not wish to do so nor would I he also said if he had had a mind to take him he could have taken him before he came to the Hut that he had given him Tonks his double Barrelled Piece to look at before he crossed the creek to come to our Hut Tonks said that he had offered the Bushranger flour to prevent his coming to the Hut but that the Bushranger said he would come, that any things and Mr Bonneys would just fit him, there was no flour but that what belonged to my master at this house – about twenty minutes after we had taken up the wounded bushranger into the Hut – he said to Tonks you had better bring that  cloak to light round our taken (?). Tonks brought a cloak from under the bedstead where he usually slept, I have known Tonks five or six months, I have never had any quarrel with him

P Nicholson

sworn before me at Launceston this twelfth day of Sept 1826

TH Simpson JP

p231

The information of Thomas Watt who being sworn saith I am an assigned servant to Mr Joseph Bonney and reside at his farm at Ben lomond I was in the hut on the first of August last making some bread Richard Nicholson was churning some Butter between twelve and one o clock on that day a man armed with a double barrelled piece came to the door and ordered Nicholson and I to stand or he would Blow our Brains out, I said we  are sure to stand, thinking it was Mr James Bonney, he then said come out, let me see how many there are or you, Nicholson and I went out, I do not known that any other Person was in the Hut except Nicholson and I after we got out he told me to stand close to Nicholson, he held the large carving knife in hid hand, he called Richard Tonks who was standing near the Hut to go and find string or rope to tie our hands with, he went into the hut and returned saying

p232

he could not find any, the Bushranger said something I do not recollect what when Richard Nicholson said there was some Rope on a calf at the stock yard, Tonks went towards the stock yard and shortly afterwards returned , and said there are two soldiers coming down the Hill, the Bushranger said which way, Tonks pointed towards the Stock Yard, the Bushranger turned sharp round and slipped or stumbled and one of this barrels of his piece went off, and he ran away, Nicholson went into the Hut and took the Musket and he need I followed and overtook him Nicholson called to him to stand or he would fire at him, he partly turned, then continued running, Nicholson fired but I believe missed him, he ran a few yards and then stopped, turned round, knelt down and snapped his piece at Nicholson, and I, two or three times, I then saw two of Mr Earl’s men coming across this Plain the Bushranger was between then and us, Nicholson called to Daniel Simms one of Mr Earl’s men to come and assist

p233

The Bushranger then ran towards Nicholson, with a knife in his hand, he had not the Double Barrelled piece that I had before seen; when he was within eight or ten yards of us Nicholson threw the Piece at him, I cannot say whether he hit him or not, the Bushranger picked up Nicholson’s piece,, went up to Richard Tonks who then had the Double Barrelled piece I had seen with the Bushranger; Tonks gave him his Piece back again, and he then threw down Nicholson’s piece, by this time Mr Earl’s men were within fifty yards of the Bushranger, Tonks dodged round the Bushranger, I cannot say for what purpose, Simms called out to Tonks “stand out of the way I will soon settle him” meaning the Bushranger, Simms fired and wounded the Bushranger in the arm, the Bushranger was stooping at the time, he rose up and went to James Bonney and asked him to dress his wounded, he had the knife and double barrelled piece

p234

in his hands when he came up to Mr Bonney, Tonks who was near said lay down you arms and we will cress them, he threw them down and laid himself down, we tied a handkerchief round his arm, and removed him to the Hut, I did not hear any conversation pass between him and Tonks

Thomas Watts

His X Mark

Sworn before me at Launceston this 12th day of September 1826

H Simpson

p235

Nicholson, I have heard him quarrel with Tonks and have heard him threaten to serve Tonks out, I suppose he meant that he would do him some injury, with personal or otherwise.

James Bonney (signed)

Sworn before me at Launceston this fourth day of October 1826

PA Mulgrave

JP

p236

The information of Daniel Simms who being sworn saith I recollect the day that I shot Edward Howe a Bushranger, Richard Tonks was near the Bushranger and attempted to take him Howe kept him off with a large knife and stabbed at him several times Tonks said you had better surrender or that man /meaning me/ will shot you dead. I do not think that either of Mr Bonney’s men were within a hundred yards of the Bushranger when I wounded him. Tonks moved out of the way and stood some distance behind the Bushranger when I fired, the Bushrangers double barrelled Gun was wet and would not go off, Tonks was the first man that seized hold of Howe and took away his knife

Daniel X Simms

his mark

sworn before me at Launceston the 23rd day of September 1826

h Simpson

PA Mulgrave JP

p237

The information of Mr James Bonney who being sworn saith, I was present when Edward Howe the Bushranger was taken on my brother’s stock run, as Howe was running away Tonks ran after him and was getting close to him, Howe turned around and caught hold of a gun which Tonks had in his hand, and said he would stab him if he did not give him the gun, and thrust a large knife at him, with his other hand, Tonks let the Gun go, the Bushranger ran on and Tonks followed him, Tonks appeared to use his best endeavours to apprehend Howe, Howe had thrown down the Gun and Tonks had picked it up, the Gun was wet and not fit for use. I do not think Tonks could have knocked Howe down with the Gun before    Howe caught  hold of it, because Howe turned round suddenly, and seized hold of the Gun whilst Tonks was running, I know a man named Richard Nicholson

p238 1826 in pencil

The information of Gilbert Blyth who being sworn saith I am a free man in the service of Mr James Reid of the Macquarie River on Friday the 13th of October instant five armed men came to Mr Reid’s house one of them I knew, his name in Henry Strong and I had heard he was a Bushranger in concert with others, Strong, and two of his companions came up to the Hut where I was with Henry Thomson, and John Walker two of Mr Reid’s assigned servants, Strong remained outside the Hut the other two came into the Hut and tied Thomson’s, Walker and my hands behind us,  they then went out side and stood sentinels at the Door. Strong went up to Mr Reid’s house with the other two Bushrangers, it was about ten minutes after sun set when the Bushrangers came to Mr Reid’s and I was kept Prisoner in the Hut about an hour and a  quarter during which time the

p239

Bushrangers brought George Turner, George Bodman, George Bevis, Robert Freeman, Thomas Elphinson and another man whose name I do not know to the Hut and secured them with Thomson, Walker and I – I do not know what took place at Mr Reid’s House nor what was stolen therefrom by the Bushrangers. I was released by Mr Richard Cox a few minutes after the Bushrangers had gone away, artist I proceeded to the House and found my I Pro? had been broken open and also my clothes taken away, one new black cloth coat, one brown cloth coat, with plated Buttons both the coasts single breasted one pair of white linen trowsers also a Black silk Handkerchief and a black Hat.

Gilbert Blyth (signed)

sworn before me at Launceston the 21st day of October 1826

PA Mulgrave JP

p240 [watermark paper – STAINS & CO 1822]

William Hoadley (Handley?)

Henry Strong

Handley and others

Bushrangers

25th Oct 1826

p241

The examination of James Witworth Turner a convict who saith I am a carpenter I absconded from the Government Party at Lemon Springs yesterday fortnight the 16th July this grey cloth jacket was served out to me at Lemon Springs all the Carpenter tools and this Bag are my own property there were taken from me this morning at the police office

James Whitworth X Turner

his mark

Taken before me at Launceston this thirty first day of July 1827

PA Mulgrave

p242

The information of John Monks who being sworn saith I recollect the night a Party of Bushrangers headed by Matthew Brady attacked the House of Mr Dry, near Launceston it was on a Saturday I worked at Arthur Dugan’s at Patterson Plains on that day Michael Rice also worked there on that day between four and five o clock in the afternoon I went into Dugan’s House River was there with a man named Prosser and several others we remained drinking in the House all the evening until between eleven and twelve o clock I am sure Rice was there the whole of the time and he slept with me in an outhouse on Dugan’s premises that night

John X Monks

his mark

Sworn before me at Launceston the twelfth day of October 1826

PA Mulgrave JP

p243

£100

The information of John Langton free by Servitude who being sworn saith I recollect the night when a party of Bushrangers attacked the House of Mr Dry last Harvest (?) twas on a Saturday I was employed the whole of that day upon the premises of Arthur and Michael Dugan near the Cocked Hat Hill Michael Rice was employed there the whole of that day. Pitching wheat upon a stack. We left off work about six o clock and then commenced drinking in Dugan’s swelling house. I am certain that Michael Rice did not quit the Premises from that time until nine o clock that evening, a party of five or six Bushrangers came to the house next morning with a man named Cowan they remained in the house about half an house whilst I was confined in the skilling when they went away they took a bag away which Michael Dugan told me contained Bread and Meat he did not tell me they took any wine away.

John X Langton

his mark

Sworn before me at Launceston the fifth day of October 1826

PA Mulgrave JP

p244

The information of Michael Doogan I reside with my brother near the Cocked Hat Hill I remember the day the Bushrangers attacked Mr Dry’s house it was on a Saturday the first week in March – Michael Rice was upon our premises that day. We left off work about five o clock that evening Michael Rice and all the persons that were there sat down to drink rum and wine and continued drinking until near twelve o clock that night, Rice could not have been absent from my premises without my knowledge ten minutes during that day, Rice went to Bed with Thomas Proper that night, Matthew Brady and six other Bushrangers came to my House next morning about eleven o clock and remained there about twenty minutes, they went away and took with them my brother Arthur and John Cowan also a Bag containing meat and bread a half a gallon bottle full of rum and half a gallon of wine they did not attempt to injure any person in the House. I did not hear them say any thing  about a man named Hawking, John Cowan and Brian Kulhan left our premises about three o clock on Saturday afternoon and returned a little before twelve o clock

Michael Dugan (signed shaky)

Sworn before me at Launceston the sixth day of October 1826

PA Mulgrave JP

Rice left our House two or three days afterwards without receiving the money that was due to him for the last week labour he had not applied for it since.

£100

p245

The further information of William Morgan who being sworn saith I found the brace of pistols now produced upon a shelf in the Bedroom of Thomas McCourt at the Springs on the night of the eighteenth day of July instant they were then in the state they now are

William Morgan (signed)

Sworn before me at Launceston the twentieth day of July 1826

PA Mulgrave JP

The information of Arthur Doogan who being sworn saith, I reside at the Cocked Hat Hill I remember hearing that Mr Drys House was robbed on a Saturday in last march on the same day Michael Rice was employed upon my Premises until about four o ‘clock in the afternoon I do no recollect seeing him from that time until about eight o clock that evening, there were

eight or nine persons there

p246

we had that day finished Harvest and a good deal of Rum was drunk immediately after four o clock, I know Rice sat down to Drink along with the rest at four o ‘clock, I do not know how long he staid, I do not remember seeing him from four till eight, he  then came into the room where I was sitting

Arthur X Doogan

his mark

Sworn before me at Launceston the twentieth day of July 1826

PA Mulgrave JP

p247

Cornwall

Van Diemen’s Land

To Wit

The information of William Morgan an acting Corporal in  the fortieth regiment who being sworn saith last night the eighteenth of July instant I was in the House of Mr John Smith at the Cocked Hat Hill about six miles from Launceston; about nine o clock I heard the report of three stand of fire arms, I went with James Clane and Patrick Melvin Private soldiers in my Regiment to the House of Thomas McCourt, a few hundred yards from Mr Smiths, I saw through a crack in the door two men and a woman sitting by the fire conversing together in a low tone of voice; I knocked at the door and immediately saw one of the men go into an inner Room, the other man /Thomas McCourt/ came to the Door with an axe in his hand and before he opened it said “who is there” I replied a Friend, he partly opened the Door holding the exe lifted up in his hand; I then said we are soldiers; I asked him if he had heard any firing, he said there had been no firing there, nor had he heard any, I asked him how many men laboured

p248

to his house, he said his government Man and himself, that his Government man was gone to camp, and that there was no  other man in the House beside himself, I asked him two or three times if there was no other Man in the House beside himself, he replied each time “no” . I said I had seen another man go into the other room, he said that must be my mistake, I replied it is your mistake, when Mc Court said, if you are not satisfied you may come in and look; there was no candle a light, I asked him for a light to search the inner room, he said I have no light but the fire, I went into the inner Room and felt a person leaning against a pile of sacks which appeared to contain corn, I caught hold of him and led him into the outer room, and told him I should make him my Prisoner; he asked what for, I told him I should shortly let him know and that I should taken him to Mr Smiths. I said to Mc Court I ought to make you a prisoner too, he replied, I am a free man you must get a warrant first; I conveyed the Prisoner to Mr Smith’s House, and on our way one of my comrades asked the Prisoner who he was, he replied, you will shortly know, if I have done any

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thing amiss I am glad I am taken by Soldiers and not by volunteer rascals; so soon as we got to Mr Smith’s I asked Mr Smith if he knew the Prisoner he said yes, it is Micky Rice, and added, you have done very well; I immediately had cuffed Rice and left him at Mr Smith’s Hut in the custody of my comrades and went to Mr Walker’s which is about a mile from Mr Smith’s and acquainted Colonel Balfour of what had passed; he gave me a warrant and desired me to take District Constable Cummings with me to McCourt’s and to apprehend Thomas McCourt, and search his House, I did so, and found this musket in the same Room where I had found Rice, it was loaded, the charged has not yet been drawn, Colonel Balfour and  Mr Walker were present when I searched Mc Court’s premises; the musket appears to have been the property of Government, it has the same mark as the Tower Muskets upon the ram rod, the mark upon the Lock has been defaced, mc Court said it was his property; I found a brace of small pistols upon a shelf in the same Room where I had found Rice, I do not know if they were loaded, I left them at Mr Smiths, Mc Court said the Pistols were his property; Michael Rice now present

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is the man I secured in the inner Room of McCourt’s House

Wm Morgan (signed)

A const 40th Reg

Sworn before me at Launceston the nineteenth day of July 1826

PA Mulgrave JP

The information of James Clare a Private in his Majesty’s fortieth Regiment who being sworn saith last night the eighteenth of July instant between nine and ten o clock I accompanied William Morgan acting corporal in my Regiment from the House of Mr Smith at the Cocked Hat Hill to a House about a quarter of a Mile from it the Corporal looked through a crack in the Door then knocked at it someone inside said who is there the Corporal replied a Friend the Door was then opened by Thomas Mc Court who held up an axe in his hand, the Corporal asked him if he had heard any firing he said he had not, the Corporal asked him how many men there was in the House McCourt replied no other man but myself my

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man has gone to Camp and he is not returned the Corporal said you had as good not deny it I have seen a Man pass you the Corporal told me and my Comrade Melvin to go round the House and see that no one escaped, he went into the house and I soon afterwards saw him come our of the House with Michael Rice who we took to Mr John Smith.

James X Clare

his mark

Sworn before me at Launceston the nineteenth day of July 1826

PA Mulgrave JP

The information of Thomas Prosser who being sworn saith I recollect this attack upon Mr Dry’s house in last March It was upon a Saturday, I was then working upon the farm on Arthur Dugan at the Cocked hat Hill it was their Harvest Home, Michael Rice worked with me the whole of that day I was employed stacking, he was employed in sight of me the whole of the day until sun down, when we finished the Harvest

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Rice and I went into  the right hand Room of Dugan’s House, John Monks John Langton Michael Dugan and Arthur Dugan were with us we all remained in the same Room drinking Rum until ten o clock at night, after we went into that Room at Sunset I did not lose sight of either of the Dugan’s or Rice until ten o’ clock, Monks, Langton, Rice and I slept in the same outer apartment that night. I left them at Dugan’s the next forenoon, soon after a party of Bushrangers came to the House I did not see that any of the Bushrangers particularly notice Ricer

Thomas X Prosser

his mark

Sworn before me at Launceston this twenty fifth day of July 1826

PA Mulgrave JP

The further information of Arthur Dugan who being sworn saith Michael Rice agreed to work for me on week at Harvest work which week expired on  Saturday the fourth of March and for which Labour I promised to pay him one pound, the next day Sunday, a number of Bushrangers came to my House in the forenoon

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I do not know if Ricer was then at my House or not, he left my House the following Tuesday about breakfast time, I have not seen him since, he never applied to me for payment of the one pound, I owed him he had before told me that he was going to the Macquarie River and from thence to Hobart Town to apply for his certificate of freedom, I do not recollect what clothes Rice wore on Saturday the fourth of March

Arthur X Dugan

His mark

Sworn before me at Launceston this twenty seventh day of July 1826

PA Mulgrave JP

The information of John Crowther a constable who being sworn saith sometime after the fourth day of March last I received a warrant signed by the Superintendent of Police for the apprehension of Michael Rice accused on Felony. I more than once went to the House of Thomas McCourt at the Springs before Michael Rice was apprehended

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and told the said Thomas McCourt that I had a warrant for the apprehension of Michael Rice and that he was charged with aiding and abetting Brady and other Bushrangers. I am confident Thomas McCourt  told me once or twice that he would endeavour to apprehend the said Rice and that he wanted him for some particular reason of his own.

Sworn before me at Launceston this thirtieth day of September 1826

PA Mulgrave JP

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The information of Constable Phillip Riley free stationed at Perth! who being sworn saith about eleven  o’clock yesterday morning William Owen as assigned servant to Major McLeod who resides at his Mile on the South Esk River came to me and informed me that three of the Men who had broken out of the Gaol on Saturday came to the mill about day light that morning that he had persuaded them he was their friend that he had left Collett with the Mill and James Reid and James Kirk in a scrub at the back of the Mill and if I would assist him he would endeavour to take  them that there was another assigned servant of his Master’s, Thomas Foster and two other free Men at the Mill who he thought would assist. I stated this to Lieutenant Serjeantson who lent me a pistol for the use of Owen and ordered Private John

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Goddard to accompany me to thew Mill in the evening by which time Owen said he could get Reid and Kirk into the Mill, Goddard and I went to the back of the Mill where I met Owen who desired me to enter the Mill in fifteen minutes about ten minutes afterwards I heard a noise in the Mill and some Person cry out Riley as I entered the mill I saw Thomas Foster with his arms round Kirk in the corner of the room Goddard remained outside I went into an inner Room  and saw a Convict named Finn pull John Collett from the window rut of which he was attempting to escape I ordered all Persons in the Room to lay down they all did so but Collett I knocked him down with the muzzle of my Piece and then saw James Reid sitting on a Box held by Owen I then gave my musket to Samuel as assigned Servant to Major McLeod and desired him to stand sentinel

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at the door whilst I tied the prisoners, there were two free Men in the House both named Hagan. Reid and Kirk said they had left their irons behind them in the Gaol that Collett had no  irons that Collett helped Reid Kirk and Barber over the fence of the gaol and then followed them that this took place immediately after Kirk had been examined in the Gaol by Mr Walker the Magistrate, that Barber parted from the other three at the top of Mr Lawrence’s fence that Collett had exchanged Hats with Barber, Kirk wore a jacket which I had previously seen on barber and suppose that they had exchanged Jackets I found two knives on Kirk and one on Collett which I delivered to Mr Gough this day they said they had trusted to Owen and that he had deceived them, Kirk told Owen in my presence that he would have his life

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Phillip Reiley (signed)

Sworn before me at Launceston this third day of October 1826

PA Mulgrave JP

The information of Benjamin Slack who saith, I am an assigned servant of Major Mc Leod and reside at his mile on the South Esk  River, last Monday morning  the second instant, John Collett came to the Mill and said he wanted some flour, I thought he was a Servant to Mr Gray I asked him to take Breakfast, William Owen one of my fellow servants said to Collett, are you broke out of gaol, Collett said yes, and three more with me, two of whom are a little way off waiting for me, and the fourth man is gone to a farm where he has got come sheep, as soon as we had got breakfast Owen went to the Punt to meet the messenger and I

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went to my master’s and returned to the Mill about an hour before sundown, Collett was still there, I then went to the Punt and returned about seven o clock, Collett and two strangers were then in the Mill, about an hour after wards Owen called me on one side, and said, these Men are Bushrangers, will you assist me to take them, I said I would, the Bushrangers were not armed, Owen took a pistol from under his Bed and said to the Bushrangers, the first man that stirs I will blow his brains out, a free man named Hagan who is employed by my Master was in the Hut at the time, Hagan Owenn and I rushed upon the Bushrangers, I called out to Riley the constable who I knew was outside, and he came to our Assistance, and we secured the three Runaways – after Collett got from Owen, he tried to get out at the windows and

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James Finn pulled him back; Finn is also an assigned servant to Major mc Leod.

Benjamin X Slack

His sign

Sworn before me at Launceston this sixth day of October 1826

PA Mulgrave JP

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The information of  James Finn as assigned servant to Major McLeod last Sunday was at his Mill on the South Esk River it was then after sun down, I saw John Collett, and two other person there, William Owen soon afterwards went out and returned in about ten minutes – took a pistol from Slack, cocked it, and pointed it at the three strange men and said you are my prisoners Collett then rushed upon Owen they struggled Owen threw him down Collett got the pistol from him, and Slack wrested it from Collett who then attempted to get out of the window, I pulled him back and Riley came into the Room there was a soldiers outside the window , Owen gave one of the two strange men whose name I believe  is Kirk in charge to a free man named Forster who held him until Reilly came into the House Collett was attempting to force his way out of the House when Riley knocked him down, I kept the other strange man in the corner of the room after I had pulled Collett back from the window Slack then stood Sentry at the door whilst the latter tied the hands of the three men. These were two free men in the House name Hagan one of them was in Bed the other remained at the Mill door, by Owens request until the three men were taken

James Finn (signed)

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Sworn before me at Launceston this sixth day of October 1826

PA Mulgrave JP

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The examination of John Mackey a convict in the service of Major Abbott civil Commandant who saith – Last night about eleven  o ‘clock I went into the wash house at the Cottage for the purpose of giving John Barfoot the constable on duty the sabre kept there for the use of the constables at night, my own Box which contained a livery waistcoat a pair of drab cloth trowsers a white waistcoat a pair of white jean trowsers three white shirts one marked E Abbott two white half handkerchiefs one lilac and white half handkerchief a black silk half handkerchief  and a pair of white cotton stockings marked  E.A. the Box was locked there were laying upon it a livery coat drab turned up with blue a pair of Black Trowsers and a white shirt half a yards from my Box

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there was a box belonging to Absolom Harris it was locked and it contained his wearing apparel – I shut the wash House door when I came out there was no lock or outside fastening to the door there is a Gate close to that Door which I left open and there was a lighted lamp over that Gate and any person walking between the Commandant’s cottage and the washhouse were the constable is on duty generally does could see the wash house Door through that Gate I slept in the kitchen last night, it is between two and three months since I slept in the wash house, I left off sleeping there on account of illness I saw Constable John Barfoot leave the premises at day light this morning and about a quarter of an hour after wards I went into the wash house and found the articles I have mentioned  had been taken away I heard the Dogs bark when I was in bed several times the constable was then sitting in the kitchen he went out and remained our some time – Some convict Bricklayers were frequently in the Wash house last week when the

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Boxes were there – I Cook and William Thomas slept in a room near my Master’s stable, my Box and Absolom’s Box have been in that Wash House between two and three months and the wash house Door in the same state that it now is the wall that divides the wash house from the kitchen is a bout nine inches thick and I  slept within two yards of the wall there is an opening between the top of that wall and the Roof which is over both wash house and kitchen a person in the kitchen can hear any persons who may speak softly in the wash House Absalom’s Box was a large Box and stood near the partition wall under a Bedstead the Box was very heavy the wash house Door Creaks very much when it is opened and it must have been set wide open before Absolom’s Box could be taken out at the Door one Man could not have taken Absolom’s Box out of the

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wash house the Gate near the lamp was nearly closed to when Barfoot went away I opened it about a quarter of an hour afterwards and I then saw this wash House Door wide open and the things gone, my Box was smaller than Absolom’s and not very heavy there were two large and two small dogs about the premises last night – chiefly at the back of the kitchen and wash house the two large ones are very fierce and will attack strangers who come upon the Premises in the day tine and more especially if they come at night.

The stables is a hundred and fifty yards from the wash house and persons could go from thence to the wash house without beings seen from the front of the kitchen or the back of the cottages

The gate near the Lamp when left open  will not shut to or partly to of itself there was no wind to blow its

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to last night and I am qquite certain it was wide open when I left it last night  there was no person then up belonging to the cottage byt Barfoot and I

John Mackey (signed)

Sworn before me at Launceston this twenty fifth day of July 1827 and read over in the presence and hearings of John Barfoot

PA Mulgrave JP

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The information on oath of John Shiners a corporal in His Majesty’s fortieth regiment of Foot who deposeth and saith – I relieved the Sentinel on Duty in Launceston about seven o clock on Sunday evening the nineteenth instant Thomas Hadley the Turnkey Robert Combes and William Woods two person committed for Trial were in the Lodge of the Gaol along with Ralph Jacobs the Executioner. I told Hadley that Combes and Woods ought to be locked up Hadley repled I will be answerable for what  I do. I saw not Bottles or Glasses upon the table or in any other part of the lodge nor of any symptoms of spirits, wine or Beer having been drank there that evening. I do not know if Combes and Woods  were sober or otherwise they were sitting with them back towards me near the fire. I heard some of the Men offering to lay wages I do not know which of them and

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I thought from that that they had been drinking.

John Shiners

Sworn before me at Launceston this twenty fourth day of August 1827 and read over in the presence and hearings of Thomas Hadley

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The information on oath of John Glancey a Private in His Majesty’s 40th Regiment of Foot who deposeth and saith I was on duty at the Gaol in Launceston on last Sunday evening Corporal Shiners relieved me about seven o clock and placed Daniel Kilpatrick on my pasts Thomas Hadley the Turknkey, Roberts Combes and William Woods came in the Lodge. I heard Shiners ask Hadley what men those were in the Lodge, Hadley said that he was answerable tor then, all the men in the lodge appeared  sober, I was on duty in the Gaol yard from five o clock until seven that evening and frequently looked in at the lodge window  and saw no signs of drinking nor heard any disturbance whatever therein

John X Glancey

His Marck

Sworn before me at Launceston this twenty fourth day of August 1827 and read over to the deponent in the presence and hearing of Thomas Hadley.

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The information on oath of Mr WH Gough Keeper of the Gaol at Launceston who deposeth and saith I saw Thomas Hadley about eight o clock last Sunday evening he then assisted to remove a man who was stated to be insame and I am certain that he was perfectly sober  Robert Combes and William Woods are well behaved men.

WL Gough (signed)

Sworn before me at Launceston this twenty fourth day of August 1827 and read   to the deponent in the presence and hearing of Thomas Hadley.

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The information on oath of Daniel Kilpatrick a private in His Majesty’s 40th Regiment who deposeth and saith I was Sentinel in the Gaol of Launceston from seven until nine o clock on last Sunday night. I did not take any notice of any drinking in the lodge three or four prisoners were removed from the Lodge to the Gaol about half past seven o clock. I did not see them sufficiently plain to distinguish who they were I heard no disturbance in the Lodge last Sunday evening. I saw Thomas Hadley the Turnkey between seven and eight o clock he appeared to have been drinking I thought so because he hade a kind of stumble when he opened the prison door and from the appearance of his face I had no conversation with him I cannot say that any of the Prisoners in the Gaol were drunk that night\

Daniel X Kilpatrick

Sworn

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before me at   Launceston this twenty fourth day of August 1827 and read over in the presence and hearing  of Thomas Hadley

PA Mulgrave JP

p274

24th August 1827

Information respecting

Thomas Hadley

Turnkey at the Gaol

Accused of getting drunk whilst on duty

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inserted slipping from The Sydney Morning Herald Saturday May 17 1930

back page of shipping news

A PHANTOM CHURCH: Ugly Prisons Crumbling

T MACDONALD

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Van Diemen’s Land

To Wit

William Joynes saith I am a Baker in Government employ and reside in Launceston on Thursday night last between 10 and 11 o clock I was coming from the house of Mrs Feutrilll, Constable Burton took me to the Watch House where I remained in the custody of the Keeper of that Prison about two hours Fortuné Guillois told me I might get out by paying him four dollars and he let me out of custody – the next morning I paid him two Spanish dollars two with holds in them and two notes of Mr Barne’s I don’t know if they were two shitting notes of eighteen penny ones Constable Burton, Gardiner, and Canbay, were in the watch house while I was there, Gardiner and Burton were out of the Watch House when Fortuné Guillois let me go

William Joynes/Toynes (signed)

before me at   Launceston this thirty first day of July  1824

PA Mulgrave JP

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James Burton being sworn saith I am a constable, I was on the Town duty last Thursday night, I apprehended William Joynes about eleven o clock for being out after hours and took him to the watch house, where I gave him in charge to the Watch House Keeper (Fortuné Guillois) I then patrolled the streets about an hour and a half and not seeing Joynes in the Watch House  on my return I asked Fortuné Guillois, where he was he said he had locked him up in one of the cells. I did so not see Jaynes in the Watch House after that time on that night. Constable Gardiner was on the Town duty with me that night.

James Burton (signed)

Constable John Gardiner being sworn saith I was on the Town duty last Thursday night with Constable Burton about eleven o clock I apprehended William Jaynes and gave him

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in charge to Fortuné Guillois Watch House Keeper, I did not know that Joynes was released during the night

John X Gardiner

his mark

Sworn before me at   Launceston this thirtieth day of July 1827

PA Mulgrave JP

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Information of Joynes, Burton and Gardiner vs Fortuné Guillois

31st July 1824

decided 7th August

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Cornwall

Van Diemen’s Land

To Wit

The information of James Allen who being sworn saith I am as assigned servant to Mr Bickford and reside on his Farm at the Pleasant Hills on the left Bank  of the River Tamar yesterday evening about eight o clock I was in a  tent  near my master’s Hut with my fellow servant named Thomas my mistress was in the Hut my master now from home when a stout man  dressed in a grey cloth jacket duck trowsers and a leather cap came to the opening  of the tent and said Thomas and I who were in bed must come out that he wanted to have a look at us that we need not dress  ourselves he would not detain us long he appeared to be a young man very pale with a roundish face Thomas and I put on our trowsers and went out of the tent there was another man

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standing at the door of the hut about five feet ten inches high and very thin he also wore a dark jacket very rough and guy trowsers he had a white cap upon his head that came down to his eyebrows and a handkerchief tied round the lower part of his face, it was a reddish coloured silk handkerchief that short man told me and Thomas to go into the hut Mrs Bickford was outside and followed us into the Hut He pointed a musket at us and told us to stand up in a corner of the Hut near the chimney the tall man then tied Thomas’s Hands before him with a Handkerchief which he took off Mrs Bickfords neck and my hands with a bit of rope he then desired Mr Bickford to give him a Handkerchief she have him one and he tied her hands with it  before her he then took Mr Bickford, Thomas and I

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list on piece of pager stuck into book meas. c26 h x 6 cm wide

/2 chest Tes

tobacco bracket

2 brass candlesticks

snufflers and stand

3 silver tea spoons JB/EE and coffee

Tea Kettle

Guns powder

ship copper

2 pistols powder flask shot

/4 mutton

2 persimmons

penknife bone handle Boyes on blade

Needles & cases

Thread, tape, cotton, &c

2 Clothes brushes

Combes

and long ??

4 Shirts cotton JL Bickford

4 cotton shirts 2

5 p cotton stockings JLB

10 cotton neck cloths JLB

1 silk pocket and ?

I blk coat and waitcoat

1 gown dk blue silk coll ?

2 petticoats wte muslin

1 pr stays

4 half handkfs 1 lace do

2 pcket do

1 worked EB the other E Bickford

2 shawls  one white coloured and the other black both silk

1 frile

1 pr shoes

3 bags 1 Runner

1 basket with three cottons

1 pr trowsers blue stripes cotton

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back of page

Mr and Mrs Bickford are extremely sorry they are prevented the pleasure of seeing Dr and Mrs Scott to day. The recent attempt at…

one of the guns by Mortimer new still mounted, silver at the top of the stock gold mark on the breech, the other a common gun half stocked Baker on the stock and patent breeched.

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out of the house made us  sit down five yards from the door and tied my legs with a bit of rope and Thomas’s legs with a handkerchief which he took out of the House the man who first came to us stood with a musket at the door of the hut the tall man went into the Hut and brought our a small trunk belonging to Mr Bickford and put it down by the door the man in the House have two muskets belonging to Mr Bickford to him who stood at the door the tall man there brought out some Rum in a Bottle and gave Mrs Bickford, Thomas and I some of it he gave Mrs Bickford a cloak to put over her ad Thomas and I a blanket each after remaining there about two hours they took Thomas into the tent after

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untying his hands and feet and there tied his hands and arms and legs and made him lay down they then carried me in like manner made me lay down by Thomas I then heard one of them ask her for her purse she said she had no money one of the said he was sure she had she again said she had not one of the men then asked the other if they were to take the womens word I did not hear the answer the tall man then made to the tent with Mrs Bickford ordered her to lie sown and tied her hands the taller man then brought some more rum into the tent in a Bason and asked us to drink some Thomas drank some Mrs Bickford and I drank some the tall man then said I hope you will not say you have lost tow or three hundred pounds worth of things in a day

or two Mrs Bickford then said she would not say she had lost more than she really had, this man said to Thomas and I if you stir I will do something to you, he did not say what, I heard them talking together at a distance for about half an hour afterwards and in a quarter of an hour Mrs Bickford went from the tent and returned in about two minutes untied her hands with her teeth then untied my Hands and I untied Thomas’s hands The Guns which I had seen by the side of the Hut door were gone toe shorter man loaded both of them whilst we sat in front of the Hut the tall man called the short man Jack and Bill and Tam and every time he spoke to him called him by a different name I did not hear what the shorter man call the

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taller one by any name, it was moonlight all the time they were they I think from their language both of them were Irishmen the taller man  when he came our of the Hut after having been there some time had a pink handkerchief on his Head

James X Allen

his mark Sworn before me at   Launceston this twenty sixth day of April 1826

PA Mulgrave JP

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The information of Mrs Elizabeth Bickford who being sworn saith I am the wife of Mr Thomas Laman Bickford and was at his farm on the left Bank of the River Tamar near the Pleasant Hills on Tuesday evening the twenty fifih instant James Allen my Husband’s assigned servant and Thomas……………. as assigned servant to Mr Gribble were in a tent about eight yards from the hut I heard the dogs bark and went outside the Hut two strange men came up and enquired if Mr Bickford was at home one of these men had a musket in his hand he was of the middle size rather thin and pale complexion he wore a grey jacket and leather cap, I did not observe what sort of Trowser the other man was about six feet high very think his head and face were muffled with a Handkerchief he wore a dark coloured jacket and trowsers, the shorter man said they were come for Mr Bickford I asked who they were the shorter man pointed to the taller one and said he is a constable the taller one then asked if I had any government men, I told  them there were two and

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that they were in bed  in the tent the taller went to the tent and told them to get up that he wanted them, the shorter one told me he belonged to the Military, the government Men come form the tent to the Hut Allen came first I said to him these men have got a summons for Mr Bickford he replied “it is more than that mistress” the two strong men followed the government men into the hut the one with the musket pointed it towards the government Men and the latter man said to them if you move you will be fired  at  immediately  and then asked them how their master and mistress treated them they replied very kindly the tall man then tied my Hands with a cloth which he made my give to them for that purpose he took a Handkerchief from off my neck and tied the hands of one of the government men and the hands of the others with a piece of rope, he then led those men out of the hut made them sit on the grass between the Hut and the tent and tied their legs,, the then laid hold of my arm led me out and made me sit down by the side

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of the men, the armed Man stood at the Hut Door the other remained in the Hut after I had remained there about half an hour the taller man brought me a cloak and the government men some Blankets who had nothing on but their shirts and trowsers, one of the men continued to keep guard over us whilst the other man remained in the Hut for three or four hours, there were two fowling pieces the property of Mr Bickford in the Hut so soon as we were taken out  of the hut they were placed outside the Door and two loaded pistols they put each one with his Belt and the taller one put Mr Bickfords shot Belt round him during this time he brought the men some rum from out of the hut three or four times and about one o clock in the morning they brought a large bag and a large Bundle each of the Hut and put them on the side of the Hut furtherest from us, the taller man then untied Allen and Thomas separately and made them walk to the tent, he then came to me and asked if I would go into the Hut or go into the tent with the  men I said I would go into the Tent he led me thither and I saw

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Allen and Thomas lying on the Ground he made me lay down on one of the men’s mattresses and tied my hands which he had untied before he led me into the tent. I asked him how we were to be released he said he would come back and release us before the morning he went and returned three times whilst we were in the tent and each time enquired if we were a sleep about a quarter of an hour after the last time he came to the tent I ventured out and went to the Ht the Bundles had been taken away and the articles contained in his list all the property of Mr Bickford which were in the Hut when the strange men came there had been taken away. I then unfastened my Hands and Untied the Men in the tent the Hut is close to the River side I did not hear the noise of oars after the men went away I observed nothing remarkable in the voices or accents of the strange men. There was a child about six years of age in the Hut who was asleep the whole of the time the men were there *

Elizabeth Bickford

*there was a quantity of Sugar and flour in the Hut none of which was taken away

PA M

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Van Diemen’s Land

To Wit

The information of oath of Doctor Jacob Mountgarrett of Norfolk Plains who saith about six months ago the wheels on a Cart my property were cut to pieces upon my premises and a pair of iron boxes and an iron axletree  were taken from them and carried away. I saw those iron boxes at the door of Matthew Golder and the iron axletree upon the premises of John Hodgetts both of Norfolk Plains, I therefore pray that justice may be done.

Jacob Moungarrett (signed)

Sworn before me at   Launceston this ninth day of February 1827

PA Mulgrave JP

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The further information of Doctor Jacob Mountgarrett who being sworn saith on the iron axletree I lost as stated in my information on the ninth instant there are four marks on one arm and three on the other, there were no marks on the boxes that fitted the arms, I verily believe this is the axletree I bought it of Mr John Smith late of Launceston, I cannot swear this is the same axletree that was taken from my premises. I have not seem so small European an iron axeltree as this in Van Diemen’s Land I found this axletree on Saturday last in the shop of Mr John Hodgetts Blacksmith at Norfolk Plains Mr Clayton District Constable took charge of it on Thursday the eight instant I saw an axletree in Mr Hodgetts shop which I believe is the same he got some rust of the axletree with an adze but I did not examine it particularly.

Jacob Mountgarrett (signed)

Sworn before me at   Launceston this thirteenth day of February 1827

PA Mulgrave JP

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The examination of Mr John Hodgetts Blacksmith of Norfolk Plains who saith upwards of two years ago Richard Kenny brought this axletree to my shop for the purpose of having the remainder of the iron work for a cart fitted to it by me. I do not know that any other person was present it has been in my possession ever since, the two braces for the arms where left at my shop at the same time with the axletree and I delivered them to Matthew Golder about ten days ago and received the Box back from him yesterday and brought it with the axletree into Launceston the same day I delivered them to Mr Monds

John Hodgetts (signed)

Taken before me at   Launceston this thirteenth day of February 1827  after having been read over to John Hodgetts who said it was true

PA Mulgrave JP

p294

The examination and voluntary statement of Richard Kenny labourer of Norfolk Plains who saith this iron axletree and two iron Boxes I bought of William Clements of Norfolk Plains about four years ago it was in the plowing meadows I agreed to pay him ten pounds for them in wheat at stone house prices or money. I think this was a very short time before William Clements was shot, I paid Clements for the axletree and Boxes about a week? after I bought them, it was at Timothy Bryant’s house that I purchased them he was present as well and Isaac Hodgetts I left them with John Hodgetts about two years ago

Richard X Kenny

Taken before me at   Launceston this thirteenth day of February 1827  after having been read over to Richard Kenny who said it was true

PA Mulgrave JP

p295

The information of Dalrymple Briggs who being sworn saith I have resided with Doctor Jacob Mountgarrett  many years, about two years ago he shewed me an iron axletree at his farm on Norfolk Plains there were four straight strokes at one end of the axletree and three at the other upon the square parts of the axletree. I do not perceive any of those marks upon this axletree

Dalrymple Briggs

Her Mark X

Sworn before me at   Launceston this thirteenth day of February 1827

PA Mulgrave JP

Mr Thomas Monds Chief Constable at Launceston sworn saith I received an iron axletree and an iron box from Mr John Hodgetts of Norfolk Plains this morning

Thomas Monds (signed)

Sworn before me at   Launceston this thirteenth day of February 1827

PA Mulgrave JP

p296

The information of  Mr John Smith of the Cocked Hat Hill who being sworn saith I recollect having seven or eight iron axletrees in the latter end of 1821 which I sold in that year or the beginnings of the next I know to whom I sold seven of them but I do not know to whom I sold the eighth I did not sell any one to Doctor Jacob Mountgarrett that I know of the entry of the sale of the eighth is in Mr Williatt’s hand writing there were no marks on either of these axletrees by which I could identify it.

John Smith (Signed in confident hand)

Sworn before me at Launceston the seventeenth of February 1827 in the presence and hearing of Richard Kenny and read to the deponent before he signed it.

H Simpson JP

PA Mulgrave JP

p297

The information of Timothy Brian of Norfolk Plains Blacksmith who being sworn saith I know Richard Kenny and I also knew William Clements who was shot at Norfolk Plains about four years ago. I recollect that William Clements sold an iron axletree to Richard Kenny in my presence for ten pounds sterling John Hodgetts William Clements and Kenny went away with the axletree in a cart the same day from my House it was of the same size as this axletree and like it I cannot swear it was the same.

Timothy X Brian

His mark

Sworn before me  at Launceston the seventeenth of February 1827 in the presence and hearing of Richard Kenny and read over to Timonth Brian before he signed it.

H Simpson JP

PA Mulgrave JP

p298

Rex v Richard Kenny

Dismissed

17th February 1827

p299

June 27th 1827

Sir

As I am in this place under very unpleasant circumstances and I have reason to think you can assist me in my affairs I shall be glad if you will call on my immediately

I am sir

Your obed

J.F.A. Maybrick

p300

to Mr Thom Wharton?

p301 slip of paper

Launceston 15th June? 1827

I hereby agree to  lifewar..ld worth?my wife bring?  Ann Ocklino? Porr ? the bhaves? as an hannh urammm but  of  ??/ stick doll? with hhim ????? to ????

to mchar Maybrick (signed)?

p302

Launceston 27th June 1827

Memorandum of Agreement made and entered to this 27th day of June in the year of our Lord 1827 Between James Scott Odeland of Launceston of the one part and Mary Ann Odeland this wife of the other part.

Witnesses that after this date they the aforesaid James and Mary Ann Odelard do agree to live together happy and comfortable – Provided He the said James Scott Odeland do on his part keep sober and steady and not ill use hi wife Mary Ann Odeland without just cause and provocation and not even then provided she keeps in his house and minds her business and keeps steady

The said James Scott Odeland further agrees and saith mry Ann Odelarnd his wife his at Liberty to go from him the said James Scott Odelands provided that he ill uses her without just cause or provocation.

May Ann Odeland agrees on her part to keep steady to mind her husband’s business and not keep any other company bu that which are agreeable to him

Mary Ann X Odeland

Her Mark

JS Odelard (signed)

p303

The information and complaint on oath of Mr James Scot Odeland of Launceston who deposeth and saith my wife Mary Ann Odeland formerly Mary Ann Scales is a Prisoner of the Crown she has eloped form me three times without any provocation on my part the first time she was about two or three days the second time eight days then returned to my house intoxicated she went away this morning and I am certain that she was in the House of William Tibmouse in Launceston since she left my house this morning and I verily believe that she is still there for the purpose of having illicit intercourse with other men therefore pray that justice may be done

JS Odeland (signed)

Sworn before me at Launceston the fourth day of July 1827

PA Mulgrave JP

p304

Extract from the Police Record th July 1827

Mrs Odeland produces two papers signed JS Odeland one of which dated the 27th June 1827 which Mr Odeland acknowledges is in his hand writing the other document he says is not in his hand writing

JS Odeland v MA Odeland

decided 5th June 1827

p305

The information and complaint of Henry Boyle of Launceston Publican who saith I keep the Red Lion public House in Launceston on the night of the twenty ninth of April last between seven and eight o clock I returned home the front window shutters and front door of my house were fastened the back Door was also fastened as well as the back windows which is in my bed Room. I knocked at it and said suppsing my wife was in bed mary I am come home there was a llight in the Room my wife said I will get up I then went round to the front door and heard the back door opened I went round to it and shoved it aopen I saw no person in the passage or with a light I saw my wife by the fire

p306

light in the tap room she endeavoured to light a candle but could not I lighted the candle by the fire I said Mary I think there is somebody shuffling in that room pointing to the Room opposite the tap room let us go and look and she said let us go and look I fastened the House securely, I had a fowling piece in my left hand which I had loaded with powder and duck shot several days before and had not discharged it and a candle in the other hand since I sent into the passage and opened the Room door looked round it and said I can see nothing my wife who was close on my right said look at the back of the door  I saw the Door move I then went further into the Room and saw the elbow of a Person behind the Door and said there is a villain here take the candle my wife took

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the candle, I went further  into the Room and said  you villain come out come out you Robber  come out the Person who was behind the Door Pulled it more so to the wall I shifted my fowling piece into my right hand laid hold of the Door with my left hand and attempted to pull it from before the Person who was behind it that Person held   the Door and whileso I was pulling the Door I knocked the light out of my wife’s hand I said Mary light the candle again she ran out of the Room and I let go the Door and I head a noise as if the person behind the Door was going towards the Door way and I said stand you villain I will lose my life before you shall escape from me some Person then laid hold of the Muzzle of my fowling piece and attempted to pull it from me I pulled it back and then pushed it forward

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violently and there was a noise as of some Person falling against the wall  I then found the fowling piece at liberty the butt of which  struck against something behind me which I supposed was the jam of the Door I had my right hand round the stock of the fowling Piece close behind the Lock and trigger and my left hand round the barrel the piece at this moment went off and in its recoil the lock tore the skin off the inner part of my right thumb, I had not cocked the piece nor did I pull the trigger before it went off, I then went into the passage close by the Door and some person called out I am shot I am shot I am shot I am Guillois I am Guillois I am Guillois Mr Boyle I said

H Boyle (signed)

p309

if you attempt to come farther until I get assistance I will knock you down and called out watch watch two of three times and went towards the back door knowing the front door was locked and no one could go out at it, I met Alexander Cumberbeach a Constable and said Alex there is a man there who calls himself   Guillois and says he is shot that I have been engaged with take care of this Door while I see for a light my wife had not then returned Alex said where is he I will soon fetch him out and went towards the Room where my Gun had gone off I went out of the House for a light and on my return I saw Constables Johnson, Fleming, and Smith and Fortuné Guillois

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close to my back door Johnson said Guillois is shot I said I believe he is for he called out. Fortuné Guillois then said no I am too good a judge for that you are a cowardly rascal or Scoundrel or something of that sort, you have not the heart to shoot a mosquito, I had him safe before, but did not keep him I have twenty evidence ready prepared to come forward to clear me of this.  Constables Johnson and Smith searched Guillois person he had none of my property upon him I lost none of my property out of my house that night that I know of I then believed and now verily believe that he was secreted there for the purpose of robbing my House when

p311

the Person called out after my Gun had gone off I know the voice to be that of Fortuné Guillois five or six weeks and left it six months ago or upwards I have been intimate with his since and until about three weeks ago when we quarrelled – when Johnson was examining Guillois I saw a scratch upon his breast. I did not see any other wound upon his person – He said that he had engaged to have a bed made up for him in my House on the night your wife is gone your wife is gone you will not see her any more, look at your things what are you robbed of come here I will shew you where your dollars are. Constables  Johnson, Fleming and Smith were there and heard Guillois say all this. I did not see my wife for

p312

an hour after she went for a light I gave Fortuné Guillois over to the charge of the Constables and now pray that Justice may be done * (* cross examined by Guillois) My wife was quite sober when I went home on Sunday night my wife did not hold the candle lighted in her hand when I fired at Guillois I did not tell Constable Johnson on Sunday night that when I fired at Guillois my wife threw down the candle and ran away I put my hand upon the mark upon Guillois breast on Sunday night at least I think so and I thought it was the mark made by the muzzle of my Gun when I shoved it from me, I beat my wife on Sunday night after Guillois had been taken from my house because I found her at Mr Mannings intoxicated I did not let her I would beat her

H Boyle (signed)

p313

if she did not appear at the Police Office against Fortuné Guillois. I am not certain that I saw any shot in the Door or walls or the Room where the Gun went off on Sunday night – there was a Table and jacket and tin kettle and a chair in the Room where my gun went off on Sunday night a little while after Guillos had been taken away I saw that jacket laying  behind the Door covered with soot and I believe it remains there yet in the same state there was a good deal of soot lying in the fire place and the soot appeared to have been rubbed from the sides of the chimney as if a person had attempted to get up it I did not see any soot upon Gullois clothes or Person on Sunday night nor any soot in the passage I do no remember that I ever said I had found Guillois having an

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improper intercourse with my wife. I might save said so I do now know that he ever had such an intercourse with her when she was confined in the Gaol I cautioned him not to go so  frequently and converse with my wife through the palings of the Gaol Yard I had been told that he had gone there and conversed with her frequently

H Boyle (signed)

Sworn before me at Launceston the second day of May 1827 and read to the Deponent in the hearing of Fortuné Guillois

PA Mulgrave

p315

The information on oath of Mary Boyle wife of Henry Boyle Publican of Launceston who deposeth and saith my husband was from home on last Sunday and did not return home until about half past seven in the evening I was then in bed I shut up the house I examined the window shutters of the Tap Room before I went to bed they were fastened with bolts and keys inside my bed room is inside the Tap Room which opens into  a  Passage I bolted the back door and locked the front door and Tap Room door before I went to bed and also examined a room separated from the Tap Room by the passage there was there no person in it there are two windows to that Room the shutters of which were put to but I do not know if they were fastened.

p316

or not I saw a jacket a table and an old chair in the Room I do not know that there was any thing else, I suppose I had been in bed half an hour when I heard a knock at the front door and my husband say Mary open the Door I got up and went to the back Door I could not conveniently get the key of the front door my husband tapped at my bed room window before I got up – when I opened the Back Door my husband told me to get a light I tried to light a candle by a fire in the Tap Room but could not my husband lighted it he had a gun in his hand and said there is some person in the House I said look round and see, I did not know there was any Person in the House besides out selves her then went into the Room opposite the Tap

p317

Room I carried the candle to the Door he there took it from me he had the Gun in the same hand with which he took the candle he looked round and said there is some person in the Room. I said there is not to my knowledge look again he then pushed open the Door and gave be the candle I was then in the passage and as he went towards the door the butt end of his gun pushed against me and knocked the light out of my hand and he said Mary light the candle again. I went out at the Back Door and when I was in the street opposite my Husband’s House I heard the report of a Gun apparently in the Room where I had left me Husband I was much frightened and went to Tom Manning’s Public House and remained there until my

p318

husband fetched me home I do not know what tine that was. I was not in the Room opposite the Tap Room I did not see my Husband have hold of the Door of the Room as if to pull it from some person behind it before the candles were knocked out. Fortuné Guillos was at my Husband’s House all the afternoon and evening of last Sunday he went away with Timothy Daley and several other Persons about half past six o clock that evening I did not promise Fortuné Guillois that I would make him up a bed in the house that night nor invited him to stay or return after the rest of the customers were gone nor did I know that he or any other persons was in the House beside myself when my husband

Mary X Bayles

her mark

p319

came home my Husband freed me to come here to day to give my evidence or I would not have come at  all also my

husband has used me so badly that I am afraid to meet him any where.

I do now know that my husband bares any ill will towards Fortuné Guillois before last Sunday evening.

I do not think that   Guillois was perfectly sober when he went away from our House on Sunday evening he was a little tipsey he has slept in the Rooms opposite the Tap Room several times when he has got a little Tipsey at our House with my husband’s knowledge, it is not more than a month since he so slept in that room, my husband and he quarrelled since he last so slept in that

p320

Room, when Guillois has occasionally slept in that Room there was always a bed in it I did not send any Person to request   Guillois to come to me last Sunday he did not take Breakfast with me on last Saturday morning I did not send any Person to Guillois on Monday last the House was not robbed whilst my Husband was away on Friday Saturday and Sunday Fortuné Guillois was now at my Husband’s house on last Friday nor Saturday I was not in company with Fortuné Guillois on Friday I did not give him a bottle of Gin on that day, John Phillips was at my husband’s House on Saturday last

Mary X Boyle

Her Mark

p321

Sworn before me at Launceston this second day of May 1827 and read to the Deponent in the nearing of Fortuné Guillois

PA Mulgrave

p322

The information on oath of Alexander Cumberbeach of Launceston a Constable who deposeth and saith I  was on duty at the Police Office Yard on Sunday last the 30th of April Mr   Boyle keeps the Red Lion Public House about eighty yards from the Police Office between seven and eight o clock I heard a great noise like the report of a gun in or near Mr Boyle’s House I ran towards that House and saw Mr Boyle in the street in front of his House he called out night watch night watch three or four times I ran towards him Patrick Brennan, a Prisoner was close to him I said what is the matter Mr Boyle he replied there is some body in my House come this way and

p323

he went round to his back Door I followed him when we had got to the Back Door he again said there is some body in my House I am afraid I am robbed there is some Body in the right hand Room I went to the Door of the right hand Room which is opposite the Tap Room the Door was partly open I went in there was not light in the Room I touched some person with a stick and said who are you and caught hold of the Person a voice said let me put my jacket on I thought it was Fortuné Guillois who spoke and said is it you Guillois what brings you here he said I have been in bed it is a public House I have as

p324

much right here as any one. I led him to the back Door and Mr Boyle then said you Bloody Rascal Mr Guillois I am sorry I missed you Guillois replied you are not game enough to shoot a Lizard Constable Johnson and Fleming were then present I said to them here he is (Guillois) I must be off to my duty and immediately went to my station at the Police Office. Mr Boyle had a Gun in his hand, all the time I was at his House Guillois was rather behind the Door when I went into the Room and he appeared as if he was putting his Jacket on, he made no resistance

Alexander X Cumberbeach

his mark

Sworn

p325

before me at Launceston this second day of May 1827 and read to the Deponent in the hearing of Fortuné Guillois

PA Mulgrave

p326

The information on oath of Thomas Johnson a constable at Launceston who deposeth and saith a little after seven o clock on Sunday evening last the 30th Ultimo I heard the report of a Gun in the direction of Mr Boyles Public House I ran there and aw Mr Boyle and Patrick Brennan Mr Boyle was calling out Watch Watch and as soon as I got up to him he said I have shot at a man here I do not know if I have killed him he had a fowling piece in his hand Mr Boyle said that on his return home that evening  he found the front door locked and he went round to the back door  and saw the passage with a light that she let the candle fall and ran away that

p327

he supposed she let the candle fall because as soon as she discovered that he Boyle had returned home that he heard a man in his Private Room and that he thought the man had secreted himself there with intent to rob him and that he went into the Room and fired at the Man he did not say who the man was he did not say how he got into the House. Constable Cumberbeach went up to Mr Boyles back door a little after I went there and whilst I was talking to Mr Boyle Cumberbeach went into the House and fetched Fortuné Guillois from some part of the House to the door and said to me now you have got him take care of him and he then went away a minute or two  afterwards some person brought a light to us and I saw that

p328

the man Cumberbeach had brought from the inner part of the House was Guillois II took him into one of Mr Boyles Rooms and searched him but found none of Mr Boyles property upon him, there was a round mark upon his breast as if it had been made by the muzzle of a small Gun of fowling piece Mr Boyle and Guillois abused each other but I cannot recollect what they said Guillois told Mr Boyle that he could not shoot a mosquito. I looked round the room where Mr Boyle said he had fired the Gun there was a grey jacket lying behind the door – the door was shattered there was a round hold on the frame on the Door about breast high above the key hole and on the front of the Door this hole appeared to have been recently made

p329

by the firing of a gun I took these pieces of lead out of that hold.

There was not soot upon the grey jacket I saw behind the door neither was there any soot upon the door, neither was there any soot upon the Person of clothes of Guillois. I asked Mr Boyle tio examine his House and see if any thing was wanting he went into the inner Room  and said that nothing was missing – Mr Boyle desired me to take charge of Guillois and said that he believed he was screted in his house for the purpose of robbing it this he repeated more than once Guillois then requested I would search him before he left the Premises, I did not hear Guillois say he had twenty evidence prepared to clear him of this wh you had me before and you ought to have kept me when you had me I did not hear any part of these observations if they were made

Thos Jhonson (signed – is this Johnson?)

p330

The information on oath of William Dodd a Prisoner belonging to the Penitentiary who deposeth and saith on the forenoon of last Tuesday I was with William Borton in the street in Launceston when Fortuné Guillois came up and some person said Guillois I thought you had been shot he said no the Bugger could not shoot a lizard if it had not been for a jacket I should have got away some more conversation passed between him and Burton    which I did not hear distinctly I heard Guillois say I will make Boyle miserable I will not leave him a head of cattle I will make is a dear shooting to him

William Dodd (signed shaky)

sworn before me at Launceston this third day of May 1827 and read to the Deponent in the hearing of Fortuné Guillois

PA Mulgrave

p331

I belong to the Penitentiary, I told what  Guillois had said on Tuesday afternoon to Mr Boyle and repeated it at eleven o clock this morning to Mr Boyle at his House I am frequently employed by Mr Boyle and have been so for the last twelve months

William Borton (signed)

sworn before me at Launceston this third day of May 1827

PA Mulgrave

p332

The information on oath of John Taylor who deposeth and saith I was at Mr Henry Boyle’s public House about six o clock on Saturday evening when Fortuné Guillois came there and Mrs Boyle supplied him with half a pint of wine

John X Taylor

his mark

sworn before me at Launceston this third day of April 1827   (April typo?)

PA Mulgrave

p333

The information on oath of Robert Fleming a constable called by Fortuné Guillois who deposeth and saith about six o clock on Sunday afternoon the 30th ultimo I heard some persons quarrelling in Mr Henry Boyle’s Public House I turned them out Fortuné Guillois was there he appeared as if he had been drinking he was not quarrelling and was following the persons I turned out when Mrs Boyle who appeared very tipsey said to Guillois do not go yet and shoved him into the House I did not see Mr Boyle there I heard nothing further pass between Guillois and Mrs Boyle

Robert Fleming (signed shaky)

sworn before me at Launceston this third day of April 1827   (April typo?)

PA Mulgrave

p334

The information on oath of Mary Horan who deposeth and saith I know Mrs Mary Boyle she came to the House where I reside last Monday morning she said her husband had beaten her and requested me to let her stay there I was going out of the House soon afterwards when she said you will see Guillois at the Police Office will you give him this dollar I took a dollar from her and delivered it to Fortuné Guillois at the Police Office

Mary X Horan

Her mark

sworn before me at Launceston this third day of May 1827 and read to the deponent in the hearing of Fortuné Guillois

PA Mulgrave

p335

The information on oath of John Phillips who deposeth and saith about four o clock on Saturday afternoon the 29th of April I was in the Public House kept by Mr Henry Boyle when Fortuné Guillois came there Mrs Boyle said to him what you are come Guillois replied yes she sad did Guillois come for you he said yes and I borrowed some money to give to you to make up the loss you have had Guillois pulled three or four dollars our of his pocket tendered it to Mrs Boyle and said this is to make up the loss you have had she said no I can make up the loss without, Guillois received two half pints of wine from Mrs Boyle when he offered to pay her for the first she refused to take any thing, but after he

p336

received the second half pint of wine he gave her a dollar and she returned him some change I do not know how much

John X Phillips

his mark

sworn before me at Launceston this third day of May 1827 and read to the deponent in the hearing of Fortuné Guillois

PA Mulgrave

p337

{called by Fortuné Guillois}

The information on oath of William Borton who deposeth and saith between four and five o clock on Saturday last Mary Boyle the wife of Mr Henry Boyle sent me to Fortuné Guillois and desired me to tell him that she requested he would go to her House as she could not make her money right I met Guillois in the street and delivered the message. I saw Fortuné Guillois Breakfasting with Mr Boyle last Saturday week when Mr Boyle was from home

William Borton (signed)

The further information of William Borton who saith I was in company with William Dodd on the street in Launceston about nine o clock on Tuesday morning last Fortuné

p338

Guillois came up to us and  Dodd said to him Guillois I heard you was shot Guillois replied I am not shot I am not afraid of Boyle shooting me for he has not spirit enough to shoot a lizard the piece went off that Boyle had in his hand in the scuffle I do not know how and after that I was not afraid after the piece went off Boyle pushed the muzzle against my breast and then he got away: + I will go and swear my life against him and make it cost him all the cattle he has, and all that he is worth, and I will make it the dearest shotting that ever he had in his life I attempted to get up the chimney before the scuffle, but a big jacket I had on prevented me

p339

The information of James Evans a convict called by Mr Boyle who deposeth and saith a little after seven o clock on Sunday night last the 29th of April I was at the Public House kelp by Mr Henry Boyle in Launceston Mrs Boyle Timothy Quin and I were the only Persons there in the House except Fortuné Guillois who appeared a little tipsey Mrs Boyle said it is tine to clear the House I will not draw any more tonight a few minutes after Quin and  Guillois went out at the front door Mrs Boyle shoved Guillois out who appeared unwilling to go away he said it was a public house and he would stop in it, whilst Guillois and Mrs Boyle were at the front door I went out at the

p340

back door to pick up an axe and a quart pot which I brought into the House and I then saw only Mrs Boyle who desired me to secure the shutters the front of the House I put to the shutters of the Tap Room and sent inside and key them the shutters belonging to the Room opposite the Tap Room were already put to I believe they had been closed all day. I did not see Guillois on Sunday night after I saw him at the front door with Mrs Boyle who gave him a shove and said be off Mrs Boyle was sober at the time.

James Evans (Signed)

sworn before me at Launceston this fourth day of May 1827 and read to the deponent

PA Mulgrave

p341  April 27 in pencil

Van Diemen’s Land

To Wit

The information on oath bf William Jones tho deposeth and saith I am overseer of the Penitentiary at Launceston, Joseph Moulds is a convict who has been confined there several months in my custody when not employed in the Public Works, a little after five o clock yesterday evening the fourteenth day of August I heard a noise in the wards where the prisoners are during their meals, I went into the ward and saw Joseph Moulds standing near the fire place with his right arm stretched out, and a table knife in his right hand James Holmes and John Taylor constables were standing four or five feet from Moulds and in front of him, his arm was stretched our towards the constables and as I entered the wards, I heard Joseph Moulds say If you come near me I will run you through. I immediately went

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up to Moulds and said to him what do you mean by this conduct , and at the same moment I laid hold of him by the collar of his jacket and shoved him backwards upon a table that was behind him, his feet resting upon the ground, he said let go, I replied I will not, he immediately struck me over the face with the knife he held in his right hands which made this mark upon the left side of the nose to the bottom of the cheek, he struck me on several other parts of the Body with the knife, one of the constables knocked the knife out Mould’s hands, I searched for the knife but could not find it. I then secured the prisoner and sent him to the Watch House the knife was a round pointed knife the other blows which he struck me with the knife made no impression upon my clothes or body, the mark upon my face is very superficial, it bled a good deal. The prisoner

p343

appeared intoxicated. I have frequently seen him behave like a man of unsound mind, when he has had no means of obtaining liquor by shouting talking wildly staring and jumping about

signed Wm Jones

Sworn before me at Launceston the fifteenth day of August 1827 and read to the deponents in the presence and hearing of Joseph Moulds

signed PA Mulgrave

The information on oath of John Taylor a constable at the Penitentiary at Launceston he deposeth and saith, yesterday evening the fourteenth of August instant about five o clock Joseph Moulds a prisoner in the Penitentiary was in the wards where the prisoners eat, he was talking loudly and I heard him say, damn my eyes if I will be peaceable any longer, it is of no use, I fine they will

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not let me out of the Penitentiary this he said more than once, I told him to be quiet several times he continued to make a noise I was standing at the door of the ward and saw Joseph Moulds take a large round pointed case knife off a table and say if any man offers to touch me I will stick him with this knife, he then put it up one of the sleeves of his jackets I do not know which, I went out of the ward and desired constable James Holmes to assist me in taking Joseph Moulds to the Watch House, who was kicking up a row, I said this loud enough for any person inside the ward to hear me; Joseph Moulds was standing near the fire place by the side of a table, when I went out of the ward when I returned with James Holmes Moulds

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was sitting down in a corner of the fireplace and several of the prisoners were standing before him as If to hide him, Holmes told him he had better be quiet and go to the watch house, Moulds sprang out from the fire place to the corner of a table, he had a knife in his hand I did not see him strike at Holmes there were a great many prisoners between Moulds and Holmes and I when Moulds first sprang our of the fire place; Moulds stood with his back towards the table next the fire place with a knife held up in his right hand  Holmes was about a yard in front of him and struck at Moulds with his staff, I did not see the staff hit Moulds, who laid hold of it with his left hand, Holmes wrenched it form him, and Moulds retreated to the corner of the table, where he stood with his right hand

p346

stretched out and lifted up, into which he held the knife that  I saw him take off the table, or one like it, Mr William Jones the overseer of the Penitentiary then came in at the door rushed through some Prisoners who were between him and Moulds, seized hold of him and threw him upon his back upon the table, and I took the knife out of Joseph Moulds hand which I dropped whilst lifting Moulds up, and have not seen it since, I did not hear Moulds say just before Mr Jones came in “I will run you through”, the prisoners in the ward were making a great noise and laughing at this time, when Mr Jones first came into the ward James Holmes said to him mind William he has a knife in his hand Mr Jones said damn it or damn the knife and pushed upon Moulds when I took the knife from Moulds

p347

hands it was close to Mr Jone’s face which I saw was bleeding when I returned from taking Moulds to the watch house. It is customary to take prisoners from the Penitentiary to the Watch house when they are disorderly. As Holmes and I were taking Joseph Moulds to the Watch House he said there is Mr Jones I will finish him – I will stick him whenever I go back again, he will never let me get out of the Penitentiary – Mould was about half drunk when he said this, he was sensible, Moulds has been confined several months in the Penitentiary during which time Mr Jones has been overseer.

/signed/ John X Taylor

his mark

Sworn before me at Launceston the fifteenth day of August 1827 and read to the deponents in the presence and hearing of Joseph Moulds

/signed/

PA Mulgrave

p348

The information on oath of James Holmes a constable of the Penitentiary in Launceston who deposeth and saith, I was on duty yesterday evening the fourteenth of August about five o clock when constable Joseph Moulds a convict was making a noise in the ward were the prisoners eat and desired me to take him to the Watch House; I went into the wards and found Joseph Moulds hidden behind some of the prisoners in the fire place, he was sitting down they were standing up, I told him he must go to the Watch House, he immediately rushed out of the fire place, took a case knife from under the left sleeve  of his jacket and struck at me with it as he held it in his right hand; I had a staff in my hand with which I then struck at him, he stopped the blow by catching hold

p349

of the staff with his left hand and struck at me several times with the knife but did not hit me, I got my staff on him when Mr Jones the overseer then came in, and I said to him take care William he has got a knife, Mr Jones replied damn the knife and rushed towards Moulds and shoved him down upon a table that was behind him and Moulds struck at Mr Jones with the knife, I struck   Moulds over the knuckles to make his let go the knife, Taylor took it form him, I do not know that became of it, it was a large round pointed white handled table knife.

I am certain I did not strike Moulds before he rushed out of the fire place and struck at me with the knife, I did not hear Moulds say anything to Taylor when Mr Jones came into the ward and laid hold of him, Mr Jones has been

p350

overseer of the Penitentiary during the whole of the time that Joseph Moulds has been confined there. As Taylor and I were taking Joseph Moulds to the Watch House after the affray, Moulds said I will stick a knife into Jones whenever I get out, it is all through him that I do not get out of the Penitentiary. Moulds appeared to have been drinking but was not drunk. After the scuffle between Mr Jones and Joseph Moulds, I saw a wound upon Mr Jones Left cheek, it was bleeding

/signed/James Holmes

Sworn before me at Launceston the fifteenth day of August 1827 and read to the deponents in the presence and hearing of Joseph Moulds

/signed/PA Mulgrave

p351

the information of Robert Wainwright Owen Esquire Assistant Colonial Surgeon at Launceston who deposeth, I have examined a superficial wound on the left cheek of Mr William Jones Overseer of the Penitentiary the wound was caused by some sharp instrument and if that instrument had penetrated deeply death might have ensued from hemorrhage

/signed/ RWn Owen

Assist Surgeon

Sworn before me at Launceston the fifteenth day of August 1827 and read to the deponents in the presence and hearing of Joseph Moulds

/signed/PA Mulgrave

Joseph Moulds declines saying anything in his defence or calling in any witnesses

signed PA Mulgrave

Launceston

15th August 1827

p352

Rex vs Joseph Moulds

cutting and maiming

decided at the Police Office

24 Oct  1827

sent originals to attorney general

20 August 1827

p353  1827 in pencil

Van Diemens’ Land

To wit

The information on oath of William Morgan a corporal in Her Majesty’s 40th Regiment who deposeth and saith – on the twenty fourth day of July last I was upon the wharf at Launceston between eleven and twelve o clock on that day I saw a Dray drawn by two bullocks come to the wharf they belonged to Mr William a shop keeper in Launceston the driver put two casks which I supposed were puncheons of Rum from the wharf upon the dray and drove it towards the town when he had got about a hundred yards I went up to him and asked him what he had got in the casks he said Rum I said have you got a permit he said not I marked the two casks with the broad arrow Mr William Bennett the Master of the Brisbane a vessel then laying at the wharf came up to me and said the Rum had been

p354

landed from his vessel and that he had not got a permit to remove the Rum but that it was entered in his manifest. I said that is of not use you should have a removing permit I returned to the wharf and told Mr Thomas Wales the wharfinger that I had seized the two puncheons of Rum he said he had nothing  more to do with hit after it was landed. I then went to the naval office and there learnt that  three casks of Rum had been landed from the Brisbane and that they were to be placed in the bonded Store – the Driver of the Dray drove from the wharf in a different direction than the road leading to the Bonded Store – I desired the Driver of the Dray to take the Rum to the Bonded store where I delivered it to Mr Dalrymple the storekeeper as having been seized, the road that the dray was going was worse than the road by

p355

which carts generally go from the wharf to the bonded store and farther about – I know that it is usual for persons removing spirits or wine from the wharf to the bonded store to get a permit from the Police Office – the road that the dray was going when I stopped it is the direct road from the wharf to Mr William’s store

Wm Morgan (signed)

Sworn before me at Launcestonn the tenth day of August 1827

James Cox JP

p356

the information on oath of Ambrose Macnamara a private belonging to the 40th Regiment who deposeth and saith on Tuesday the twenty fourth of July last, I was on guard at the wharf in Launceston about half past eleven o clock I observed a dray with two Bullocks going from the wharf with two casks which I thought contained spirits towards the town Corporal Morgan was with me and followed the dray about a hundred yards and marked the casks with the kings mark the broad arrow I did not hear any part of the conversation that passed between Morgan and the Driver, the Dray was not going the Direct road from the wharf to the Bonded Store – I am not certain it was a hundred yards from the wharf to the place where the Dray stopped

Ambrose X Macnamara

his mark

p357

Sworn before me at Launceston the tenth  day of August 1827

James Cox JP

p358

The information of John Barfoot who deposeth and saith on the twenty fourth of last month, July, I was a constable and was on duty at the wharf in Launceston there was a vessel called the Brisbane unloading at the wharf on that day amongst other Goods she landed three puncheons of Rum, about half past eleven o clock Joseph Worthington came to the wharf with Mr Williams Dray and two Bullocks and put two of he puncheons of Rum upon the Dray I asked the master  of the vessel to whom the three  casks of Rum belonged he said it is mine I said  have you got a permit he said yes, I went up to the soldier who was a guard at the wharf and said to him you had better examine the Driver of the Dray and see if he has a permit he went to corporal Morgan who was at the guard House and said something to

p359

him Morgan went up to the Dray which was about a hundred yards from the wharf and the Dray immediately stopped Morgan then said Constable come here I went to him and he said that the Driver of the Dray had not got a Permit, the Master of the Brisbane then came up produced a paper which he said was a landing order and which he thought was sufficient to take the Rum to the Bonded Store – I did not hear either the Master of the Vessel or the Driver of the Dray say they had not got a permit. I have frequently been on duty at the wharf I never saw a cart go from the wharf to the Bonded Store the way the Dray was going on that day

John X Barfoot

his mark

Sworn before me at Launceston the tenth  day of August 1827

James Cox JP

p360

The information of Andrew Worthington of Launceston labourer who deposeth and saith I am in the service of Mr Williams of Launceston about ten or eleven days ago my master sent me with his dray to the wharf with orders to take three puncheons of Rum from thence to the Bonded store my master ordered me to take some wool to the wharf and as I was going there I saw Mr Lord at his stove who desired me to take three puncheons of Rum from the wharf to the Bonded Store for the Captain of some schooner when I had got to the wharf the Captain of the schooner shewed me three casks of spirit then upon the wharf and told me to take them to the bonded store I put two of them upon the Dray and I asked the Captain

p361

if he had a permit for the rum he said yes I have a permit from the naval officer to land the rum and remove it to the bonded store, as I was driving my dray past the guard house I stopped my Dray and called out to the Captain who was upon the wharf to come to me with the permit I stopped there a quarter of an hour before he came to me, I told the Captain to be sharp and come with the permit of the Constable and Soldiers who were placed there would seize the rum Dray and Bullocks and all – the captain told me that one of the puncheons was full and the other had leaked nearly half I helped to load the two casks of Rum and one of them was much lighter than the other – I have taken  Rum from the wharf to the Bonded Store  before and I then had a permit form the Police

p362

office – the road was better the way I was going with the Dray than the direct Road to the Bonded Store

Andrew X Worthington

his mark

Sworn before me at Launceston the tenth day of August 1827

James Cox J.P.

p363

The information of oath of Mr Thomas Williams of Launceston Merchant who deposeth and saith about twelve days ago I lent my Dray and Bullocks to Mr Lord to take some wool from his stores to the wharf but not for any other purpose

Thomas Williams (signed)

Sworn before me at Launceston the tenth day of August 1827

James Cox J.P.

p364

The information on oath of Mr John Sinclair of Launceston who deposeth and saith I know the Road near the wharf. I work? have seen carts going from thence in the direction of the bonded store between the new store and the guard house the road is better that way than past Captain Stewart’s House

J Sinclair (signed)

Sworn before me at Launceston the tenth day of August 1827

James Cox J.P.

p365

Mr Simeon Lord of Launceston produces a permit of which the following is a copy

Naval Office Launceston

Julky 20th 1827

Permit Capt Bennett to land from the Cutter Brisbane from Sydney the following packages viz

the puncheons of rum to the Bonded Store

Forty bags of Sugar

six bags rice

sixty five pieces cedar

four bales slops

two cases soap

to the wharfinger

in absence of the naval officer

Wm Popplewell (signed)

p366

Information respecting rum

landed from the Cutter Brisbane

August 1827

p367 (1827 in pencil)

Van Diemen’s Land

To Wit

The information and complaint on oath of Mrs Mary Smith of Norfolk Plains who saith on Sunday forenoon last the fourth of March I was lying upon my bed in my bed room at Norfolk Plains when some one knocked at my bed room door and said are you there Mrs Smith I said yes the Person answered give me some wine I said I would not, I got off the bed and looked through the crack of the door and saw James Tate and Edward Jones close to it they forced themselves against the door and split it from top to the bottom, I scolded them and told them I would not give them

p368

any wine and called out for Charles Parish to come to me and  mend the Door, he came mended the Door and fixed it in its place, when James Tate and Edward Jones who had left the House returned and Tate pushed the door down again it fell upon me and Parish, Tate and Jones attempted to come into my Room I had the blade of a sheep shear in my hand, I do not know what I said I was in a passion and I stuck Jones with the weapon which I held in my hands, there was a   Box containing several papers and writing in my Bed Room at this time the Box was locked I had locked it on the Saturday and kept the key in my Bosom, the Door has not since been mended I saw that

p369

Box in my Room about sundown on Sunday there were a great many Persons at my House at that time I do not know how many some of them had come to see the man I had struck about eight or nine o clock one of my servants called Black Will  came to me and said I have found a Box I then missed the Box containing my papers. I went with Daniel Bowater, Charles Parish and Black Will to the side of my Garden about ten yards from the outer gate of my yard I there saw that Box with the lock and hinges broken a  black beaver hat which had belonged to my late husband and a like Hat belonging to Daniel Bowater and a number of articles which I cannot recollect about six pounds in money one pound bill the

p370

rest in silver in a pocket book and the deeds mentioned in this list were gone out of the Box, I saw Tate break open the Bed Room door I did not see Jones assist him the Door was both locked and bolted – when I took up the blade of the sheep shears Tate ran away and Jones Being nearest to me I struck him, I had not invited Tate to my House James Mills was with him at my House, Tate was not drunk Jones was drunk when my Door was broken open Jones had been living with me two months I had no suspicion he meant to rob me but I thought Tate appeared willing to do so

Mary Smith (signed)

p371

The information on oath of Charles Parish as assigned servant to Mrs Mary Smith of Norfolk Plains  who saith on last Sunday week about twelve o clock I went into my mistresses House James Tate Edward Jones and Mrs Mills were in the House my Mistress was in the bed Room James Tate asked my Mistress to let him have something to drink she said she would not the bed Room door was fastened Tate placed his foot against it and forced it open my Mistress called out to me and desired me to mend the Door I went into the bed Room the lock and the bolt of the Door was both lying upon the floor

Charles X Parish

his mark

Sworn before me at Launceston the fourteenth day of March 1827 and read to the Deponent

PA Mulgrave

p372  (1827 in pencil)

A list of deeds stolen from Mary Smith on the night of Sunday the fourth day of March 1827

A grant from Governor Macquarie to William Kelly of Thirty acres of Land situated at Norfolk Plains

A grant from Governor Macquarie to John Harris of fifty acres of land situated at Norfolk Plains

A grant from Governor Macquarie to Charles Hardwicke of two hundred acres of land situated on the South Esk River

A grant from Governor Macquarie to John Moore of forty acres of land situated on the Lake River

A grant from Governor Macquarie to Thomas Scott of thirty acres of land situated at Norfolk Plains

A grant from Governor Macquarie to John Coward of thirty acres of land situated at Norfolk Plains

A grant from Governor Brisbane to James Houghton of four hundred acres of land situated at Humphreys waterhole

p373

A grant from Governor Macquarie to Neil Kerrigan of fifty or sixty acres of land situated at Norfolk Plains

A grant from Governor Macquarie to James Savage of eighty acres of land situated at the South Esk River.

And also several conveyances or transports? of the various grants before mentioned.

p374

Rex v J  Tate

decided 5th May 1827

http://www.tasfamily.net.au/~schafferi/index.php?file=kop26.php

Mary Bowater, Convict and Landholder

Irene Schaffer

p375 (July 1828 in pencil)

The information and complaint on oath of John Williams Pilot on the River tamar who deposeth and saith yesterday the wenty ninth instant I was employed to take the Brigg Haweis

down the River and about six o clock last night I anchored her near Nelson’s shoals and about ten o clock Mr John Dibbs the master of the said Brig desired one of his men to call him if it came on to blow or the Brigs swing at the turn of the Tide. I said it is my duty to see to that while I am on board and have charge of the vessel I will go on deck and tell the man who has the watch to call me if it comes on the blow and when the vessel tends to the Tide and also at day break in the morning to get under weigh and I went upon deck for that purpose Captain Dibbs followed me and said you damned son of a bitch you have got no command on

p376

board this vessel and struck me a violent blow upon the face which knocked me down and said you damned rascal you are tipsey I said no Sir I am not I got up when Captain Dibbs struck me another violent blow upon the breast which knocked me down again. I said I will turn to and moor the vessel and go on shore and protest against your conduct and hailed my boat crew which were on shore Captain Dibbs then said you damned rascal I will turn to and heave you overboard out of my vessel the crew of Haweis which were then upon deck except one an Italian were Taheitians he spoke to them in a language which I did not understand and two of them laid hold of me and led me to the gangway. I then said if you will not let me moor the vessel I wish you would let me go on shore Captain Dibbs immediately called out to a Boy on board – Bob bring me my pistols

p377

and the ball cartridges the Boy brought one pistol which Captain Dibbs took in his hand and said to me you damned rascal if you speak another worrd I will blow your brains out go into the Boat or I will throw you into her, the ship’s boat was alongside and four Taheitans in her, I got into the Boat Captain Dibbs followed me still holding a pistol in his hand and  said as we went on shore I will land you and give you up to the Harbour Master I said that is where I would wish to go, when I landed Captain Dibbs said to me you Rascal you are drunk I had drunk neither Beer not wine the whole of that day and only two small glasses of spirits – I gave Captain Dibbs no provocation to misuse me and there fore pray that Justice May be done

John X Williams

His Mark

Sworn before me at Launceston the twenty ninth day of June 1827

(before who?)

p378

John Williams v John Dibbs

assault

29th June 1827

not apprehended, effected his escape

http://colsec.records.nsw.gov.au/indexes/colsec/h/F24c_har-haz-16.htm

Colonial Secretary Index, 1788-1825

“HAWEIS”

1819 Jan 23

Discovery of three dangerous reefs on passage from Tahiti to Port Jackson in “Haweis” (Reel 6048; 4/1742 p.156)

1821 Jun 27

Request for licence to load “Haweis” with coal at Newcastle on return from delivering wheat and salt provisions (Reel 6051; 4/1749 pp.394-5)

1821 Nov 10

Sailing to Port Dalrymple, Robert Jamieson master (Reel 6052; 4/1751 pp.7-11)

1823 Mar 27

Convicts permitted to proceed to Port Dalrymple per “Haweis” to join the services of Deputy Assistant Commissary General Walker and Lieutenant Thomson (Reel 6010; 4/3508 p.46)

“HAWEIS”, Master of  see  DIBBS, John; JAMISON, Robert; NICHOLSON, John

“HAWEIS”, Owner of see CAMPBELL, Robert (Senior)

http://colsec.records.nsw.gov.au/indexes/colsec/d/F16c_di-do.htm#DIBBS,%20John.%20Master,%20%22Haweis%22

DIBBS, John. Master, “Haweis”

1825 Mar 3-4

Re the pilotage of his vessel (Reel 6017; 4/5782 p.312)

1825 May 3

Order on the Colonial Treasurer for passage money for three privates of the 3rd Regiment from Hobart (Reel 6070; 4/6037 p.18)

p379

The information of John Shinners a corporal in His Majesty’s 40th Regiment of Foot who deposeth and saith I have been lately stationed at the House of Mr Leith near the first wester Creek on the eighth day of May instant between twelve and one o clock Saunders Deighton a Prisoner in the service of Mr James Herbert of Norfolk Plains came to Mr Leith and said he was in  search of his master’s cattle he had this musket in his possession I examined it and I verily believe it belonged to James Reyan Ryan one of my comrades his fine lock was marked A60 the ramrod of this firelock is so marked the brass plate upon the but of the musket has been taken off and the stock of it has been otherwise disfigured. I have been informed that James Reyan Ryan lost his finelock about five months ago

p380

whilst he was intoxicated and on his way from Mr Fletcher to Launceston. Deighton said he had received the musket from his master to protect him against the natives whilst he was at his masters stock run.

John Shinning (signed)

Sworn before me at Launceston this ninth day of May 1827   in the hearing of Saunders Deighton

PA Mulgrave

p381

The examination of Mr James Herbert Settler at Norfolk Plains who saith five weeks ago last Tuesday or Wednesday a man called Joseph Williams a shoemaker was at my House at Norfolk Plains and offered this Fun for sale in the presence of Henry Bonney I bought the gun and paid fifty shillings for it in wheat at four shillings a bushel I sent that Gun by Mr Bonney to Saunders Deighton who had charge of my cattle at the back of Norfolk Plains about two days after I bought ti it was in the same state then as now

James X Herbert

p382

The information on oath of Mr Henry Bonney who deposeth and saith on a Tuesday about five weeks ago I was at the Farm of Mr James Herbert at Norfolk Plains when he purchased a Gun from a Man called Joe the Shoemaker he was to have given fifty shillings for it I believe this is the same Gun I took it a few days afterwards from Mr Herbert to his man Saunders at a place called the Long Swamp. I am a settler and live at Norfolk Plains about a mile from Mr Herbert’s I took this Gun and another to Mr Herbert’s run to protect his servants from the natives.

Henry Bonney (signed)

p383

The examination and voluntary statement of Saunders Deighton a Prisoner holding a Ticket of Leave who saith I am employed by Mr James Herbert of Norfolk Plains, about a month ago my master ordered me to his cattle to a place called the Long Swamp about two miles and a half from Mr Leith’s Henry Bonney was employed by my master to take provisions and Luggage for Nathaniel Bowles as assigned servant to Mr Chapman Timothy McCann an emancipated man and I Henry Bonney brought me this musket and said Mr Herbert had sent it to me to protect me against the natives, the musket was exactly the same state it now is

Saunders X Deighton

his mark

p384

The information on oath of Mr Henry Bonney settler at Norfolk Plains who deposeth and saith the military musket now in the Police Office was sold to Mr James Herbert by a man called Joe the Shoemaker about five weeks ago who said he had received it from Jonas Martin in payment for shoemaker’s work and that martin had offered him another Gun of the same description but better

Henry Bonney (signed)

Sworn before me at Launceston this twelfth day of May 1827

(sworn  before?)

p385

The information on oath of James Ryan a Private in His Majesty’s 40th regiment of Foot who deposeth and saith on a Monday about a fortnight before last Christmas I was in company with my comrade Michael Corcoran on the high road about two miles on this side of Perth about two o clock in the day we were both drunk and laid down by the road side and went to sleep our muskets were by the side of us. I awoke about seven o clock in the evening Corcoran was close to me along with Corporal James Huff/Luff my musket was gone Corcoran said he has lost his whilst he was asleep the ramrod of my musket was marked A60 the pan cover of the lock was defective in the inner side just at the inner corner there was a remarkable knot on the lower part

p386

of the right side of the stock. I am certain this is the musket I lost. I have paid the Captain of my company for a new musket in the lieu of the one I lost as aforesaid.

James X Ryan

His Mark

Sworn before me at Launceston this fifteenth day of May 1827

PA Mulgrave

p387

Muskets lost by soldiers of the 40th regt

May 1827

p388

The information on oath of Samuel Day of Launceston who deposeth and saith I live in a Hut about a mile and a half from Launceston I have lived there about a month with my wife Mary Day we went to bed about six of clock last night there are two rooms to the Hut we slept in the inner Room there is only one Door that leads out of the Hut I fastened that Door before I went to bed by putting a stick into a hole in the ground and the other end under a ledge of the Door I also fastened the two windows of the Hut I was awoke in the night by the barking of a Dog I said who is there and I immediately saw the muzzle of a piece put in at the Doorway between the two Rooms and immediately afterwards the muzzles of three other pieces were put in at the Doorway I could not see by whom a voice that I should know again

p389

if I was to hear it said put your heads under the clothes or I will blow your brains out instantly, my wife and I pulled the clothes over our heads and I felt the arm of some one paid over my head as if to keep the clothes down and I then felt some clothes that came under our heads pulled out and laid upon them I heard only the voice of one person but I heard several persons moving about that person asked me if I had got any money I said I had not after they had been there about half an hour the voice said what is this in your old hat I said six shillings and a penny he then said is the Door locked I said no it is only fastened with a stick he replied you may get up presently and put your house to right I then heard some persons go out at the Door about half an hour afterwards I got up the windows were in the same state as I had left them the

p390

Door was open but the stick that fastened it not broken – some broad paling that I had laid loosely over the Chimney I was building to the Outer Room had been removed and I examined the Hut and perceived the two white shirts one striped shirt a scarlet waistcoat a pair of nankeen trowsers two or three very old shirts six shillings in silver and a penny in copper all of which were in the Hut when I went to bed had been taken away as were all my wife’s wearing apparel. I got a glance at the person who spoke in the hut it appeared to be a man about five feet six inches high well dressed in a blue jacket and trowsers and a black hat he had a very long narrow muzzled piece in his hand stocked up to the muzzle I saw this by the light of the fire, I think it was about twelve

p391

O clock when they came ot my Hut the moon had set and it was dark when I got up  I searched all round my hut this morning at day light but could find not traces of foot steps

Samuel X Day

his mark

Sworn before me at Launceston this thirty first day of July 1827

(sworn before who?)

p392

The information on oath of Mary Day the wife of Samuel Day who deposeth and saith I was in bed with my husband last night when I heard my dog bark my husband cried out who is there and I immediately saw the muzzle of a piece in the Door way between the bed Room and the outer Room and then the muzzles of three other pieces and a man dressed in a blue jacket and trowsers and a black hat with a very long Gun in his hand and said several times put your heads under the Blankets or I will blow your brains out some one then covered our heads over with clothes that they pulled for under them and held them down upon our heads. I saw the man who came into the bed Room by the light of the fire which was in the Bed Room I should know him again if I was to see Him he had light brown hair

p393

fresh coloured he was very stout and about five feet six or seven inches high and about seven and twenty years of age we were kept covered up about twenty minutes when I heard some persons go out at the Door and some one say get up and put your place to rights. I heard persons go past the end of the hut and I then got up and I found two white shirts one checked shirt a red waistcoat a pair of nankeen trowsers three old shirts and six shillings and a penny had been taken away likewise a demity petticoat and a nankeen petticoat a white bed gown two printed bed gowns one shift several caps a very large shawl a piece of printers cotton one blue and white one read and white cotton handkerchiefs a pair of cotton stockings a prayer book a psalter a pair of scissors a Razor  some sewing cotton and some needles had all been taken away. I am sure all those things were in the hut when I went to bed last night. I should know all the wearing apparel again if I was to see any part of it there was also a napkin taken away which I spoiled last Christmas by boiling a plain pudding in it my husband is seventy nine and I am seventy years of age.

Mary X Day

her mark

Sworn before me at Launceston the thirty first day of July 1827

p394 (page inserted – missing other pages?)

Left – all the increase that Mr Wright has marked since I have been with him have been with the left ear cut off & the right ear  swollen? failed  – I have sold at times from 18 to 20 sheep, the chief of which I obtained from Mr Wright – 6 I bought of Lanagham?, Mr Jno Bowd, Cox’s, Sheppard – These 6 sheep I sold again to Lanaghan?  and he sold them to his master Mr Cox – this single Banello Gun I borrowed about nine months ago from Mr Eli Begents who lives at the mouth of the Coal river. This pair of large pistols were left in my charge by a Mr White of Norfolk Plains formerly in the Navy – with regards to the small pistol as Mr Reid has sworn it is his property – I decline saying anything about it

The prisoner Magnus Bakie committed for further examination[ii]

Th???li??  Mo???   JP

p395

Magnus Bakie

Information decided

23 June 1824

p396 (1829 in pencil)

The examination and voluntary statement of William Thomas charged by the verdict of ou? I request held before me yesterday on the body of John Warne at Launceston with the wilfill murder of the said, John Warne at a place called the Magpie Hill in this county on the night of Tuesday last who being cautioned not to say anything to his own prejudice saith – I first knew John Warne at the House of Mr George Burgess publican in Launceston a say or two after the last Race Warne told me that he had four hundred bushels of wheat to thrash and if I would go with him he should be glad and that after it was thrashed I could remain with him to plough I went to his house at the Cocked Hat Hill the next day and agreed with him to thrash his wheat for six pence half penny a bushel the following day I began to thrash wheat on Warne’s premises and continued to do

p397

so until last Saturday evening which time he talked about going home and said that if he did not go home he should go  to his farm next to Mr Waddle’s near Launceston and that I might either buy or rent his farm that if I bought it I was to give him three hundred pounds for it the wheat upon his present farm forty head of horned cattle seven calves one sow pig his household goods and farming implements but that two acres of that farm should be set apart for his use as long as he lived – if I only rented the farm I was to enclose it the first year with a brush fence drew fifty loads of wood fro him into town and bring back fifty loads of manure for his two acres and help to plough it and to supply him with water for his use. John Warne and I came to Launceston on Tuesday for the purpose of getting Mr Gleadow to attorney to draw up the agreement, I saw Mr Gleadow going out of town as I went into Launceston he

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was a short distance from the road with within hearing I did not speak to him John Warne drove in a cart and four bullocks with a ton of potatoes which potatoes he sold to Francis Spencer we left them and the cart and bullocks at Spencers and Warne and I went to Mr Field’s Public House where we had some Bread and Cheese Warne brought a Razor with him from home with which he cut that Bread and Cheese. I do not know if any person saw him do so besides myself I borrowed a knife of Richard Snell who was in another Room and after I had cut my bread and cheese I returned Snell the knife and Warne put his razor into his pocket and he and I went to Mr Gleadow’s House we saw nobody there and went to Captain Heany’s Public House and remained there until about eight o clock whilst we were there John Warne lent me the razor with which I endeavoured to

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put a flint into my fowling piece but could not and I shut the razor and put it into my ocket and put a flint into my gun with a knife in the kitchen and then Warne and I went to Mr Specers and put some things which were there into the cart Warne drove the cart out of the yard to Mr Waddle’s Public House I got into the cart at the Brickfields Warne was in it and we rode to Mr Waddles where he had a pot of Beer we went form thence to the House of John McKnight Warne called him out of the House and said to me Bill lend me the Razor I gave it to him and he attempted to take the Bung out of a cask of wine that was in the cart with the Razor but could not

and pushed the bung into the cask and shut the razor and put it into his pocket McKnight came out of the House and we all drank some wine together and Mc Knight gave Warne another Bung which he put into the cask

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got into the cart and drove along the road past Mrs Townsends about two hundred yards where I stopped the cart Warne got out and went to the opposite side of the road where we had seen a dead calf in the morning. I put the bullocks towards the fence and went to Warne who was by the side of the Calf he had got some fat in one of his hands and his razor in the other he threw the fat into the cart cut two holes in the hind legs of the calf and shut his razor and put it into his pocket we then dragged the calf to the tail of the cart I hooked a bullock chain underneath the axletree and Warne put the other end through the holes in the calfs legs and fastened it we both them got into the cart and drove, Warne sat at the back part of the cart, I drove some distance when I lost my whip and Jumped off the cart to pick it up and I

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then walked by the side of the cart and Warne then got on the front of the off side of the cart and when we had got half way up the magpie hill, I saw two men by the road side one was a tall man a good deal taller and thinner than I am he had dark coloured clothes and a high crowned black hat which shined he cried out stand or I will blow your brains out and same towards me with a single barrelled Gun in his hand pointed at me the other man was a shorter man a good deal shorter than the other he wore a dark coloured jacket and a Black hat and when the tall man was coming towards me the shorter man called out stop those bullocks or I will blow your brains out and held out his hands I did not see that he had anything in them I stopped the bullocks the short man came up to the tall one who have him his Gun and said to Warne who had his Gun in his hand in the cart give me your piece Warne said no and the tall man put his

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foot on the forepart of the wheel the short man stepped upon a bank by the side of the road close to me and the tall man got his body nearly into the cart and I laid hold of Warne’s piece by the but and endeavoured to pull it from him Warne was sitting upon the cask and whilst they were struggling backwards and forwards for the piece it went off Warne then fell down over the side of the cart with his head towards the tall man who dragged him out of the cart by the collar with his right hand which he threw on the Ground as Warne’s body felon the Ground, when the piece went off the Bullock’s went on a step or two the short man who stood by me all the time said too me if you do not stop the Bullocks I will blow your brains out I stopped the Bullocks and then saw Warne laying  on the Ground who was groaning the tall man was stooping down over him and laid hold

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of his two legs and dragged him upon a Bank by the Road and the bullocks moved and the short man said to me if you do not keep them still we or I will serve you the same. I turned to the Bullocks then looked round and saw the tall man stooping over Warne’s head who was still groaning and that man was doing something to him with his right hand the short man then said to me turn the bullocks back I did so and he then said to the taller man come along the tall  man then said to me come here I went to him he said catch hold the then stood by the legs of Warns and had hold of them I was near Warne’s head the tall man said again catch hold and I laid hold of Warne’s clothes  by the shoulders they were all over blood I stepped off the bank into the ditch and the tall man wheeled round off the bank and threw down Warne’s legs close by the tail of the cart and dragged

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the body to it and said to me tie him and pointed to the calf that was under the cart I went under the cart and hooked the bight of the chain that was through the calf’s legs round the legs of Warne and so son as I had done so the shorter man cried out come along quite quick he had said come along before whilst I was turning the bullocks when I got from under the cart the tall man said drive along into the bush and he and the shorter man went to the other side of the  road into the Bush as I got up from under the cart I saw the piece laying near it by my whip and some papers half a crown piece and Warne’s razor I picked them up and put the papers into my waistcoat pocket and I think the razor into my jacket pocket and I was going round the back part of the cart towards my Bullocks I saw some papers nearly our of Warners waistcoat pocket and I took them out

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and put them into my own pocket I then drove the bullocks a little way gently down the Hill then stopped the cart and lifted Warne’s head off the ground on the body of the calf I then drove the bullocks quicker into the bush two or three hundred yards from the Road near where I knew there was a bye track I stopped them and did not know what to do and went back along the track the cart had come towards  the road until I was stopped by Mr Hincksman, Johnson and Glare. I believe the tall man was named Shepperd and the shorter man William Carr. I have known them six or seven months I saw them on the premises of Daniel Leary on Saturday last I did not speak to them I saw them again  there as I passed the fence on Sunday I saw both their faces distinctly on Tuesday night and know them, before they left the cart, Shepperd was at John Warne’s House  on Monday last and Warne said in his hearing that he was

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going into Launceston on the next day with a load of potatoes Leary’s house is a very short distance from Warne’s house the ground is clear between those Houses and what  takes place at one house can be seen from the other Shepperd and Carr were cleaning wheat on one side Leary’s house when Warne and I left Warne’s premises with the potatoes on Tuesday I did no tell the constables who the men were who had murdered Warne for fear they would shoot me. I never said I knew the men who murdered Warne until I came out of the cell at the Gaol this morning at eight o clock then I told Thomas the turnkey I knew them but I did not tell their names until now I have been in company with Shepperd and Carr half a dozen times within the last six months and we have spoken together frequently I first knew the shorter man was Carr when he said come along

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the last time and I first knew that the taller man was Shepperd when he was drawing the body of Warne to the cart, I cannot say that I heard anay money rattle in Warne’s pocket when the taller man lifted him by the legs nor when I lifted Warne’s les to put the chain round them, the razor I put into my pocket was taken from my by Johnson.

/signed/ William Thomas

Taken before me at thee Gaol at Launceston this seventeenth day of April 1829 and read to the Examinant before he signed it

PA Mulgrave

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The examination of William Carr of the Cocked hat Hill Launceston labourer charged with the wilful murder of John Warne at a place called the Magpie Hill on Tuesday night last who being cautioned not to say any thing prejudiced to his own interest saith . I was at the House of  Bridget Langton at the Cocked Hat Hill the whole of last Tuesday I was employed cleaning wheat until about sunset and I do not believe that I was out of the House for five minutes at a time during the whole of that evening and night I went to Bed about ten o clock with John Shepperd Patrick Langton a little boy slept between us I think shepherd and the little boy went to bed before me but I am not certain, Mrs Langton, Mary Morton, Mrs Langton’s children Shepherd and I were the only persons who were in the House after dark on that night I slept in a loft over

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the kitchen Mrs Langton and Mary Morton and some of Mrs Langton’s children slept in a room separated from the kitchen by a  partition in which there is a Door which is usually fastened at night the partition between the kitchen and that room only goes as high as the tie beams I got up first on Wednesday morning Shepherd was then in bed. I do not think he left his bed all that night. I am sure I did not. Daniel Leary formerly lived on that farm.

/Signed/William Carr

Taken before me at Launceston the eighteenth of April 1829

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The further examination of William Carr who saith I know William Thomas who has been thrashing for John Warne I have seen him there several times but do not know that I ever spoke to him but once in my life, I should know him if I was to see him by moonlight if I was close to

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him, I do not know if Mrs Langton and Mary Morton went to  Bed before Shepherd and I on Tuesday night or not, the loft on which I slept was formed of loose boards of different thicknesses there were not steps to the loft and we used to get upon it by springing from a table under it and no person could get on or off that loft without making a great noise.

/signed/ William Carr

Taken before me at Launceston the eighteenth of April 1829

PA Mulgrave

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The examination of John Shepherd of the Cocked Hat Hill labourer charged with the wilfull murder of John Warne at a place called the Magpie Hill on the night of Tuesday last who being cautioned not to say anything to his own prejudice saith I was employed the whle of last Tuesday on the Farm of Bridget Langton at the Cocked Hat Hill cleaning wheat along with William Carr we finished worked about seven o clock I never left the House after that tie that night until I went to bed about nine o  clock it might have been a little before or a little after William Carr and Patrick Langton a little boy slept with me that night upon a Loft over the kitchen Bridget Langton and Mary Ann Moreton and Mrs Langton’s younger children slept in a room which is divided from the Kitchen by a partition as high as the tie beames in which there is a Door that is usually fastened with a bolt inside and right, I think I went to bed first and Carr got

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up first the next morning the little boy slept between us at our feet the loft on which we slept is formed of loose boards which makes a great noise when any person gets on or off the Loft and I do not think  Carr could have left the Loft on that night without awakening me – there was no person in Mrs Langton’s house on that night after dark besides those I have mentioned and myself the women went to bed ten minutes or a quarte of an house before  I did  on that night.

I know William Thomas who was lately thrashing for John Warne I have been in his company several times and have spoken to him but was never very intimate with him, I should know him if I was to see him anywhere. I should know his if I was to see him by moonlight if I was close to him.

John X Shepherd

his mark

Taken before me at Launceston the eighteenth of April 1829

PA Mulgrave

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The information on oath of Mary Ann Moreton who saith I have lived at the House of Bridget Langton for the last three weeks some Tuesday I have been nursing her child who was burnt William Carr and John Shepherd have lived there all that time they have been employed thrashing and cleaning    wheat, they were cleaning wheat I was at home all that day   all last Tuesday excusing? and night both those men were there all that evening Shepperd went to Bed first that night, I did  not take notice what time it was it was not long after dark. Carr then went to bed and took Patrick Langton with him they all three slept on a loft over the kitchen. I do not know if the boards of which that Loft is formed are loose or not I have frequently heard them make a noise in the night when the persons upon the  Loft have moved  and when they got upon or off the Loft they  got upon the loft from a large table that stands underneath it. Mrs Langton and I went to bed soon  after those men on Tuesday.

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night, in a Room separated from the kitchen by a partition in which there is a door which was that night fastened with a bolt inside the Room the partition only went up as high as the wall plates and some of the boards of the loft laid partly over the bed room the outer Door of the kitchen has no fastening  to it but a latch, I have sometimes heard those new get upon and off the lofts after I have been some time tn bed. I did not hear either of them get upon or off the Loft after I was in bed on Tuesday night, I hear William Carr speak to Patrick Langton several times on Tuesday night afte I was in Bed and I heard him tell Patrick very often to lay quiet and to lay still I hear him do so almost every night I do not think I have heard either of those men get upon or off that Loft after I have been in bed on any night during the last week it is very seldom they do I have not seen Carr wear any other clothes since I have been at Mrs Langtons besides those  he has now on except a pair of old cloth trowsers and a couple of checked shirts, he now wears a pair of dark corduroy trowsers  a fustian jacket  or coatee of a dark colour a checked shirt and a light coloured straw hat I never say him have a black Hat

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I am sure he has no other clothes at Mrs Langton’s House besides those I have mentioned I never saw John Shepherd have any other clothes than what he now wears  a dirty duck frock a striped shirt a dark  pair of corduroy trowsers a coloured waistcoat and a black hat covered with some kind of painted cloth – I do not know whether Shepherd or Carr got up first on Wednesday morning last I breakfasted with them I did not observe anything remarkable in their appearance  or conversation that morning I did not hear that John Warne had been murdered until that Wednesday evening when John Madden came to Mrs Langton’s and told us John Warne’s throat had been cut. Carr was in the House with Mrs Langton and I when Madden told us this Carr did not appear at all frightened or agitated when Madden told us this Carr said he was very sorry for the poor old man as he was a good neighbour. I do not know where Shepperd was at this time. I never saw any sort of fire arm in the possession of Carr or Shepherd or in Mrs Langton’s

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house or on her premises I never heard until I came to the Police Office this morning that Carr or Shepherd was accused on having murdered John Warne I know that Carr has worn the trowsers he has now on for upwards of a fortnight I never saw any marks of blood upon his old trowsers or upon any of his other clothes or upon any of the clothes of John Shepherd, I think Shepherd and Carr were cleaning wheat on Wednesday last Shepherd is about half a head higher than Carr, they were both at Mrs Langton’s all day last Thursday I forgot ho they were employed on that day.

Mary Ann X Morton

her mark

Sworn before me at Launceston the eighteenth of April 1829 and read to the deponent in the presence and hearing of John Shepherd and William Carr

PA Mulgrave

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The further information on oath of Thomas Johnson who saith I have measured the height of John Shepperd, William Carr and William Thomas they measure respectively as follows without their shoes – shepherd five feet eight inches and a half Carr five feet four and a quarter and Thomas five feet six inches

William Thomas did not tell me or any other person in my hearing when we apprehended him on the night of the 14th instant that he knew the two men of whom he spoke or give the slightest intimation that he knew them, in the course of conversation I mentioned to Thomas the name of Shepherd knowing that they were acquainted but Thomas did not say that he suspected or knew that Shepherd was one of the men who murdered John Warne

/signed/ Thomas Jhonson

Sworn before me at Launceston the 24th day of April 1829

/signed/ PA Mulgrave

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The information on oath of James Charles Gunyon a Field Police Constable who saith on the 11th of last March I was stationed at the House of Mr Peter Lette at Curramore about eleven miles from Launceston I lodged in a hut in Mr Lette’s yard William Thomas came there on the 17th of that month to plough for Mr Lette and lodged in the same Hut with me until the 24th of that month on the 30th of that month he returned and took away all the articles in the Hut belonging to him in a bundle on the 29th of March I  saw two razors my property laying upon the wall plate of the Hut Thomas had frequently use those razors in the Hut and knew where they were placed on the 2nd or 3rd of April I missed one of those razors from the wall plate it had a white bone handle and was marked Clark & Osborn on the blade there was a stain of rust on the centre of one side of the blade I am certain I should know the razor I so lost if I was to see it I am certain the Razor now produced by the police

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magistrate is the same razor that was taken away from the Hut and which I saw there on the 29th of march and missed on the 2dn and 3rd of April when William Thomas came for his things on the 30th of March he remained in the Hut for some time alone I went out and left him tthere and after being absent about half an hour I returned to the Hut Thomas was still alone and his Bundle tied up I never gave him permission to take any one of my Razors out of the Hut I did not see him use either of them on the 30th of March there was nothing belonging to Thomas laying near my razors when I saw them on the wall plate on the 29th of March – This razor is the fellow Razor to that I missed on the 2nd or 3rd of April ii have marked it and delivered it to the Police Magistrate the razor I missed was worth half a crown

/signed/ James Charles Gunyon

Sworn before me at Launceston the twenty second day of April 1829 and read to the deponent in the presence and hearing of William Thomas

/signed/ PA Mulgrave

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The information on oath of William Anderson of the Cocked hat Hill Labourer who saith, I lived with John Warne for nine months before his death I saw him shave himself frequently during that time he always used a small black handled razor I never saw any other razor besides that in his possession except a larger razor with a black handle I never saw a white handled razor in Warne’s house I never saw William Thomas use a white handled razor whilst he lived with John Warne’s or saw him have a white handled razor at Warner’s house

William X Anderson

his mark

Sworn before me at Launceston the twenty second day of April 1829 and read to the deponent in the presence and hearing of William Thomas

/signed/ PA Mulgrave

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The information on oath of Bridget Langton of the Cocked Hat Hill who saith my farm adjoins that of the late John Warne William Carr has resided at my House since last January he has been employed reaping and thrashing wheat for me his conduct has been very regular I never knew him to stay from my house on any night during that time, I know John Shepherd he has been at my House about two months  and also employed reaping and thrashing between three weeks and a month ago he was absent from my house for 2 nights I recollect last Tuesday week Carr and Shepherd were employed on that day cleaning wheat and it was dark before they had finished bring in all the wheat into the House after that they had tea and supper but nothing stronger to drink than tea after that they went to Bed in a Loft I do not know what o clock it then was to the best of my belief it was three or four hours after sundown the

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the Loft is over the kitchen and is formed of loose boards which make a noise when any person moves upon the loft the men get upon the Loft from a  table which stood under it I went to Bed in the next room the partition in between the rooms does  not reach up to the roof it only goes as high as the Loft and wall plate the partition is of thin boards there is a Door in it fastened inside by a bolt one end of the Loft comes very near to the top of that partition Mary Ann Morton slept with me on that night and four of my children in the same Room one of them was ill I had to attend upon her and I am sure I did not go to sleep on that night for an hour after I was in Bed, I believe it was ten o clock it if was not more before I went to sleep on that night I did not hear Carr or Shepherd get off that Loft on that night I heard no unusual noise in my House that night I heard Carr speak to my little boy who slept on the loft that night after I had been asleep I do not know what time that was, Carr and

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Shepherd breakfasted with me and Mary Ann Morton the next morning I did not see anything remarkable in their appearance or any stains of blood upon any of their clothes Carr was at my house until after dinner the next day Shepherd went away after breakfast I did not hear that John Warne’s had been murdered until the Wednesday evening when John Madden told me so in the presence of Carr.

Bridget X Langton

her mark

Sworn before me at Launceston the twenty second day of April 1829 and read to the deponent in the presence and hearing of William Carr and John Shepherd

/signed/ PA Mulgrave

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copies of information and examinations

in the case of

William Thomas charged with the

murder of John Warne

(cocked hat in pencil)

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Copies of information taken before an inquest on the Body of John Warne

16th April

1829

William Thomas

[at cocked hat]

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Cornwall

Van Diemen’s land

To Wit

An Inquisition indented taken at Launceston in the country of foresaid this fifteenth day of April in the tenth year of the Reign of our Sovereign Lord King George the fourth before me Peter Archer Mulgrave Esquire Coroner of our Lord the King for the Country aforesaid upon the view  of the body of John Warne of the Cocked Hat Hill farmer then and there lying dead upon the oaths of messieurs Thomas Underwood, John Fawkner, Richard Heaney, Theophilus Feutrill, George Burgess, George Parkinson, Wickham Whitechurch, Francis Spencer, Andrew Henderson, James Anderson, Joseph Barrett and John Henry Jackson, good and lawful men of Launceston aforesaid in the County aforesaid who being sworn and charged to enquire on the parts of our said Lord the King when where how and after what manner the said John Warne came to his death proceeded to view the body.

The body having been viewed by the jury and it appearing that the whole of the evidence cannot be gone through this day the jury wished to inquest to be adjourned until ten o clock tomorrow

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morning at the Police Office which time and place the inquest was adjourned accordingly and the jurors bound in a recognisance of forty pounds each to attend.

The names of the jurors having been called over and they having answered to the same about ten o clock on the morning of Thursday the 16th of April Mr Richard Heaney of Launceston Public Sworn saith I have known the deceased John Warne several years he was at my House last Tuesday evening  William Thomas was with him they came there about half past seven o clock Warne had a pot of porter  which he and Thomas drank whilst they were eating some Bread and Cheese Warne paid for the Porter Thomas owed me nine pounds ten shillings I asked Thomas to pay me Warne said that Thomas was Thrashing for him and that he would see me paid they remained in the House about three quarters of an hour Thomas had a fowling piece with im it as a short piece he had it in his hands when he went away with Warne. Warne was a settler and lived at the Cocked Hat Hill about six miles from Launceston before they went away Thomas said to Warn we had better not go home tonight it if very late

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we can start early in the morning, Warne said I have wheat on my barn floor and I must go home. Thomas left the fowling piece at my house between five and six o clock that evening I saw it in my Bar and put the ramrod into the Barrel and found it was loaded with a heavy sharge and to prevent accidents I took out the flint and shoot out the primings when Thomas took it away I did not observe whether it had another flint in it or not I believe that the fowling piece now produced by Mr Henry Hinksman is the fowling piece I Saw in Thomas’s possession on Tuesday evening I know it by the broken part of the Rib

Richd Heany (signed) (but also a copy)

Mr Francis Spencer of Launceston Dealer sworn saith about five o clock on last Tuesday evening John Warn and William Thomas came to my House they had a cart and  four Bullocks with them and near a ton of potatoes which I bought of Warn for seven pounds ten shillings I paid him two one pound notes one pound in silver and copper and four pounds ten shillings in Goods consisting of five gallons of wine a new keg two black silk handkerchiefs two pounds of tea

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twenty pounds of sugar, two cotton shirts, and I think a pair of fustian trowsers marked no 4 on the hip and about half a pound of cheese the shirts were narrow striped he left those articles in my House and his cart and Bullocks in my Yard and went away with Thomas they returned together about a quarter past eight  o’clock  Thomas then had a fowling piece in his hand which he put down and carried the articles which I have mentioned to the cart in bags put them into it and covered them over with straw Warn drove the cart from my house towards the Cocked Hat Hill Thomas took his fowling piece from the place where he had put in down outside the chimney and followed Warn they both appeared perfectly sober and upon good terms with each other Warn said it would be a curious thing, if we should meet with Bushrangers and be robbed on our way home it is so late Thomas made no observation. I gave Warn the money the first time he was at my House in the presence of Thomas.

Leg’d

Francis Spencer

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Mr John Henry Brown of Launceston Clerk to Mr Richard Heany sworn saith about eight o clock on last Tuesday night I saw William Thomas in my Master’s House he asked me for a fowling piece he had left there I fetched it out of the parlour delivered it to him and told him the flint had been taken out he asked me for a knife to put  a flint into the piece I told him to go into the kitchen and get a knife he went there and put a flint into the piece and some gunpowder out of a paper and about five minutes afterwards went away with John Warn

Leg’d  JH Brown

Mr Henry Hinksman of Launceston Police Officer Sworn saith on last Tuesday night the fourteenth instant I was near the High Road leading from Launceston to the Cocked Hat Hill about a quarter of a mile on the other side of Mr Townsend’s House about a quarter before 10 o ‘clock Constables Thomas Johnson and James Glare were with me it was a clear moon light night to hew I saw a cart drawn by four bullocks pass along the Road towards the Cocked Hat hill there

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was a man in the cart and another walking by the side of it, I was not near enough to see who either of them was or what coloured clothes they wore or if they had anything in their hands they were talking together apparently in good humour and laughing and I heard one of them say something about the price of wheat and say they calle me smelly Jack this I heard distinctly but nothing more we were about thirty yards from the Cart the bullocks were walking, I did not perceive if there was anything tied  under the cart it was in my sight about two minutes, we went into the Road and walked towards the Cocked hat Hill and when we had got about a mile from where I first saw the cart I heard the report of a Gun or pistol it was a sharp kind of a sound and came from a direction of the Cocked hat hill when we had walked about a quarter of a mile farther to a place near the Magpie Hill I saw a cart drawn by four Bullocks and driven by a man in a white jacket coming along

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the Road down the Magpie Hill and about a hundred and twenty yards from us and when near the bottom of the Hill it turned suddenly off the Road on the side next to Inglers? Valley we were then hidden behind some wattles and I heard the man speak to the Bullocks and saw him turn them off the Road I think the Bullocks were walking I did not perceive any thing under the cart or what the man had in his hand we went into the Bush and followed the art by the noise it made upwards of fifty yards into the Bush when we heard it stop we went a few yards farther when I saw a man twenty or thirty yards from us in a white jacket going towards the road I called out stand three times, the third time he stopped we ran up to him it was William Thomas he has this fowling piece in his hand holding it by the Barrell Thomas Johnson cried out who are you what are you doing here Thomas replied my name is Thomas I am going to Launceston is that you Mr Hinksman I said

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yes deliver me your Gun he immediately gave it to me it was then in the same state it is now. I examined the pan? and the barrel I supposed by the scent of the barrel  it appeared to have been very lately fired off it was cold the cock and hammer of the lock were both down I kept it in my possession until yesterday morning when I perceived these marks of blood upon the but end of the stock and opposite the lock I am sure they were there when I received it from Thomas both sides of the stock appear to have been nearly sovered with blood I have marked it and delivered it to the Coroner.

After I took the Gun from Thomas I said to him come along with me sir, he said very well he trembled very much when he delivered me the Gun from his left hand he had a cart ship in his right hand which he dropped when he gave me the Gun I said to Thomas you say you were going  to Launceston this is not the right way he replied “oh yes it is” we then went some yards farther into the Bush when Thomas said there is a dead man there and pointed with his finger he has been shot I

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looked in the direction be pointed and saw a cart and four bullocks I went up to it and saw a man laying on the Ground behind the cart upon his back there was a bullock chain around both the legs of that Man and fastened to the back part  of the cart Constable Glare undid the chain I told Johnson to see if the man was dead he put his hand upon him and said he was dead I then said Johnson secure the man and search him he then laid hold of Thomas and searched him. I said Thomas you have been and murdered that poor man he said no I am innocent you may think what you please Mr Hinksman I said how came the man there he said I put his there, I said what did you chain him for, he said he was too heavy to lift into the cart. This is the chain that Glare took off the mans legs there are marks of blood on several of the links, the following articles were in the cart this tea tied up in a narrow striped shirt, this piece of soap, this pair of high laced shoes, these two new black silk handkerchiefs  this new keg full of wine, this quantity of sugar in  a

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narrow striped shirt and these twenty empty Bags, none of these articles have been out of my possession since and they are all in the same  state as when I took them out of the cart there was room in the cart besides these things for the bodies of three men, I ordered Glare to lift the body of the dead man into the cart, he took down the tail board of the cart and lifted the body of the dead man into the cart without any difficulty – William Thomas appears to be as strong a man  as James Glare there was the body of a dead calf fastened to the body of the man by the chain I do not know in what manner Glare can tell the body of the calf was in a putrified state

Johnson Glare and I took the Body of the dead man in the cart and delivered it to Mr Gooch the overseer of the Hospital I saw that body viewed by the Inquest yesterday and I believe it was in the same state as when I saw it laying on the Ground on Tuesday night – after Glare had put the body of the dead man into the Cart Thomas told Constable Johnson (after he had said I could not lift the body into

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the cart) we were met going half way up the Hill by two Bushrangers one was armed the other not I said what sort of men were they he Thomas said one was a tall man dressed in blue the other was a short man, I said do not tell me any more, do not commit yourself any more I will not hear any mmore you have to say it is a strange thing your Gun is unloaded, I do not recollect that Thomas said anything more until we got to the end of the Brickfields near Launceston when Thomas said you may find his throat cut for ought I know it might have been in the struggle, I cannot recollect what conversations led to this remark, when we got too the Hospital I observed that the throat of the dead man had been cut and that  there was a wound on the right side of the Jaw his face was completely covered with blood his jacket and waistcoat were rolled up under his shoulders and his back appeared as if he had been dragged along way upon it the lining of his right waistcoat pocket was

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turned partly out Thomas Johnson took two one pound notes of the Cornwall Bank out of the right hand trowsers pocket of the deceased and I think some copper money fell from his person whilst it was searched I am sure no person touched that Body from the time it was lifted into the cart until it was taken into the Hospital – I took William Thomas to the Gaol and then I perceived that both his hands and the sleeve of his white jacket were very much stained with blood I pointed that out to Thomas he said I cannot help that From the time I first saw a cart and Bullock pass Johnson, Glare and I myself on Tuesday night near  Mr Townsend’s until the time I saw William Thomas  in the bush I did not hear or see any other cart of person on or near the Road, I am certain I heard only one Gun or pistol fired off that night – the place where the cart turned off the Road is a mile and a half on this side of the House occupied by John Warne and it was going in a direction from it there was

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no House in the direction the cart was going when we overtook it within a mile and a half, this cart was not upon any Road the nearest House to the place where the cart was turned off into the Bush on the Road towards Warn’s House is about half a mile and close to the Road side a Blacksmith lives in it employed by Mr Walker and a man in the service of Mr Whitchurch lives in a house nearly opposite.

I have known John Warn for upwards of twelve months and he was always called by the nickname of smutty Jack I have often talked with him and believe he was one of the two men who passed us with the cart. I thought so at the time from his voice and I believe that William Thomas is the man I saw drive the cart off the Road into the Bush I conclude so from his height, the colour of his jacket, and Hat, it was a straw hat, It was about a quarter of an hour from the time I heard the report of a

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gun or pistol until I saw the cart turn off the Road

William Thomas did not say any thing about being stopped by Bushrangers until after Warns body was put into the Cart

HHinksman

Thomas Johnson of Launceston constable sworn saith  about ten o clock on last Tuesday night I was with Mr Henry Hinksman and James Glare upwards of a quarter of a mile beyond Mrs Townsends near the road leading from Launceston towards the Cocked Hat Hill we were amongst some wattle trees thirty or forty paces from that Road when I saw a cart drawn by four Bullocks pass on the Road towards the Cocked Hat Hill there were two men riding in the cart one in the forepart of the cart and the other at the hind part I did not take much notice of them or how they were dressed one of them who was sitting on the forepart of the cart was talking to the other who laughed l I heard him say some things indistinctly about some wheat

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and I heard him distinctly say that is the reason they call me smutty jack I have known John Warn for several years and I know he went by the name of Smutty jack I did not then recognise his voice they were not then in my sight more than three minute the Bullocks were walking a short time after I looked at my watch it was about ten o clock we walked slowly along the road the cart had gone, and when we had got within four or five hundred yards of the Magpie Hill I heard a shot fired we went on about two hundred yards when I saw a cart upon the face of the magpie Hill and I soon after thought it was coming down the Hill, and I said we will go off the Road and see who this is we went amongst some wattles near thee Road when I saw the Cart just as it was turning off the Road near the foot of the Hill into the Bush I did not see any Man with it the Bullocks were hidden from my view by some Trees from

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the noise of the cart made I supposed it was coming slowly down the Hill I heard the noise made by the cart and a man as if talking to the Bullocks when we were about two hundred from the bottom of the Magpie Hill I was a man about a hundred yards from us going towards the Magpie Hill we ran towards him and when we had got near him Mr Hinksman called out twice or thrice stand the man said a Friend a Friend and immediately stopped I ran towards him it was William Thomas he had a Gun in his right hand which he held by the barrel I did not see any whip in his hand when I got up to him he might have had one before I said what are you doing here Thomas he said I am going to Camp I repeated going to Camp he said Yes going to camp quite boldly, I took hold of his left Hand and pulled it out of his pocket and saw it was red I thought it was bloody Mr Hinksman took his Gun from him and handed it to Glare and said smell that I think it has been fired off lately Glare said yes I think it has Thomas

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said yes it has been fired off, I do not know that Glare took the Gun from Mr Hinksman or not I laid hold of Thomas pushed him on before me toward the direction to which I supposed the Cart had gone and when we had got a considerable distance Thomas said I have got a dead man down here, I did not see him point he did not say this in answer to any questions we went some distance farther when I saw a cart with four bullocks in the Bush not upon a road, the Bullocks were standing still grazing I went up to the cart and saw a man laying upon his back his face completely covered with blood his legs had a Bullock chain passed round them and fastened to the back part of the cart only his shoulders and Head rested on the Ground the hind legs of a dead calf were fastened round along the legs of the dead Man when I looked at the body the man said in a very cool sort of way, there he is dead enough, I immediately began to search Thomas and he said whilst I was doing so “two men shot him” I did not hear any person speak to him just before or

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at the time he said this, I said where he said just up here upon the Road” whilst I was searching him he threw something out of one of his pockets I think his left hand coat pocket I saw it fall Mr Hinksman picked it up and gave it to me it was the piece of Rag containing Gunpowder I have marked  it when I saw Thomas thrown this down I said to him you have been slinging something he said no I have not these three pieces of paper which I have marked and numbered on two and three I took out of William Thomas’s waistcoat pockets I took this purse containing two half crowns one six pence one dump three quarter dollars, two small foreign silver coin and one small think piece of old silver Thomas said this money in that purse was his own this half crown marked with blood, these four penny pieces and three half pence I took out of the pockets were I found the papers I asked him where he got the papers he said I took them from him and I think there

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was a half crown with them           this Razor I took out of the left hand jacket pocket of William Thomas and put it into my own coast pocket where I kept it until I got to Mr Hinksmans House in Launceston that evening it was then in its present state it appeared to have bee partly wiped there was a small speck of blood upon the handle and blood upon the blade on both sides the blade, the spots of blood appeared fresher than they do now I assisted Glare to lift the dead Body into the cart very easily, I did not take much notice of what there was in the cart, I saw some straw and a few bags there was room for five or six  Bodies in the cart we proceeded to Launceston on the Road I said to William Thomas how come you to think of putting the chain  round his legs and dragging him in that kind of a way he said I thought it was the best way of getting him off the road I did not know if he was dead or not I said to him you took a very ready way to kill him you ought to have dragged him to one side of the Road and ran

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for assistance I do not remember that he made me any answer I said why did you not tell us so soon as you saw us that he had been killed by two Bushrangers, he said, I thought you were the Bushrangers, I said how did it happen that the Bushranger gave you the piece after shooting the man and did not rob you, he said, I do not know they did not taken any things from me, when we got near to Launceston I asked Thomas if the man sho shot Warn got up into the cart to do it he said yes, I said did he do it with his own piece, he replied I do not know I was frightened I do not know but they may have cut his throat – several times on the Road Thomas without being questioned began a sort of a story as if he was  speaking to himself. I remember he once said in this way two men came up to me and said stop or I will blow your brains out.

Thomas appeared much astonished when I first went up to him and trembled whenb I was searching him he called Mr Hinksman by his name immediately we went up to him and said to James Glare, is that you Jem.

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I examined William Thomas at the Gaol on that night and saw there were stains of blood upon both his hands and sleeves of his jacket, Thomas said he had got off the calf as Mrs Townsends and was taken it home for the Dogs, I examined the person of the Dead Man at the Hospital that night it was that of John Warn

I saw it viewed by the Inquest yesterday morning it was then in the same state as when we left it there on the preceding night the throat was cut and there was another wound on the face. These two notes of Hand marked 4 and 5 I found in his trowsers pockets and these two one pound notes which I have marked 6 and 7 and these two dollars these two half crowns this shilling this sixpence these three penny pieces and these two half pence I found in his other trowsers pockets there was a string tied round his body and passed over the upper part of the pockets of his Trowsers which I suppose prevented the contents from falling out. I think that we came up with

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William Thomas about twelve minutes after I had heard the shot fired, I heard not other shot fired that night, I heard no person cryl out I saw no other cart and Bullocks on the road that night besides the one that passed us near Mrs Townsends besides that I saw coming down the Magpie Hill and the one I saw in the Bush I saw no person near the magpie Hill besides William Thomas on that night it was a very fine still night and if any person had cried out on or near the Magpie Hill about besides William the time the short was fired or afterwards we must have heard the cry – John Warn occupied a House on the Cocked Hat Hill the usual Road from Launceston to that House is over the Magpie Hill I do not know of any House in the direction the cart was going when we found it within a mile and a half form where it turned off the Road Mr Whitchurch has a House within a

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quarter of a mile of that place and Mr Walker a Blacksmiths Shop very near that House and in the direction of John Warn’s House, Yesterday morning I traced a mark left by something that appeared to have been dragged along the Road from a place about two or three hundred yards beyond  Mrs Townsend’s House to about half way up the Magpie Hill where by the side of the Road the wheel of a cart appeared to have gone to the edge of the road close to a Bank where I saw a large stain of blood on the side of the Road such a stain as a pint of Blood might make the Bank was two feet or two feet and a half about the Road there was a quantity of loose earth which by the marks appeared to have been scratched together by a mans Hands I moved the earth with a piece of stick and found under it a good deal of congealed blood in lumps which

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was hidden by the loose earth, this six pence and the memorandum which I have marked number 8 I found near the stain of blood on the edge of the road from that spot. I traced the mark of two cart wheels and something borad that has been dragged between the wheels down the Magpie Hill across a ditch six and twenty paces from the stain and farther along a very rough part of the Bush over some large pieces of dead timbers and over several young wattle trees unto the very spot where we found the cart on Tuesday night and when I first saw Thomas he was upon the track from the stain of blood in the Road to the cart and about seventy yards from that stain going towards it, that track went off the Road in the very spot I saw the cart turn off the Road on Tuesday night the mark of whatever was dragged between the wheels along the track was broader than the track which I traced from near Mrs

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Townsend’s House to the stain of blood upon the Road. It was twenty six paces from that stain to the place where the cart turned into the bush over the Ditch and about two hundred and forty paces from the Ditch to where I found the cart as near as I can tell it is difficult to state the exact distance on account of the wuantity of fell timber in that track.

Thomas said whilst coming into Launceston that the man who stopped him had not a piece but he did not know but he might have a pistol that the other had a piece I asked him to described the men he said one was dressed in blue or black that one of them had a black hat and the other had an oil skin cover over his hat I do not remember that he said one of the men was tall and the other short.

I know there is a bye road that leads off the main Road on this side of the Magpie  Hill which runs nearly past the place where

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we found the cart I do not know exactly where that Road leads to.

William Thomas appeared perfectly sober when I went up to him on Tuesday evening I did not hear William Thomas say who was the dead person until we had got some distance from where we found the cart on the road to Launceston, I felt the Body as it laid near the Cart and found it was not quite cold but that there was no pulsation at the wrist and I concluded he was dead.

I remember I asked Thomas if any one came up and alarmed the Bushrangers he said no I said how came it they did not rob him Warn he Thomas said I do not know

sig? Thos Jhonson  (actual misspelling)

Mr John Smith of the Cocked Hat hill settler sworn saith, I have known John Warn nine years be was my tenant when alive and lived within ten chains of my House the usual Road from his House to Launceston is past the House of Mr Walker at the Long Meadow and over Magpie Hill. There is no by cart Road that turns off on the side of the Magpie Hill nearest

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to Launceston that leads to the House of John Warn I never saw William Thomas on the premises of John Warn or knew that he was employed by him. John Warn ought ot have left my farm on the 31st of last March but I suffered him to remain on the farm until he had thrashed out his wheat

sigd John Smith (copy?)

John Ray who being sworn saith I live at the house of Mr Wickham Whitchurch at the long Meadows the House is about a hundred and forty rods from the middle of that side of the Magpie Hill nearest to Launceston my House is the nearest house to that spot. Carts from Launceston pass within a few rods of my Door in going to the Cocked Hat Hill I was in bed by eight o’ clock on last Tuesday night and was not disturbed during the night.

sigd  John Ray

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William Anderson labourer sworn saith I have lived with John Warn at the Cocked Hat hill about nine month William Thomas came to reside at Warn’s House about a fortnight ago and has been employed by him thrashing wheat on Tuesday last about one or two o’clock John Warn drove a cart drawn by four Bullocks laden with about a Ton of potatoes in Bags towards Launceston William Thomas went with him I do not know if he took John Warn’s fowling piece with him or not I saw him with it in his hand a short time before he Thomas left the House and I have not seen it since I believe this is that fowling piece I know it by the crack in the stock.Warn did not often take his fowling piece with him when he went to Launceston I never saw Thomas have that fowling Piece in his hand but once besides that day and then he said he was going shooting.

William X Anderson

His mark

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James Glare of Launceston constable sworn saith I was in company with Mr Hinksman and Thomas Johnson on last Tuesday night about ten o clock about a quarter of a mile beyond Mrs Townsend’s  we were a short distance off the Road when I saw a Cart pass towards the Magpie Hill it was drawn by four Bullocks I saw a Man in a dark coloured dress sitting on the fore part of the cart and a man in a light coloured dress on the hinder part of the cart, the Bullocks were walking we went after the cart along the road and when within a hundred or a hundred and  fifty rods from the foot of the Magpie hill I heard a shot fired apparently on that Hill. The sound was not loud if any person had cried out on the Magpie Hill I cam certain I should have heard the cry I did not hear any cry that night I did not hear any other shot fired that night we went a good but farther on the road and I a saw a cart about the middle of the Magpie Hill, I thought it was standing still when I first saw it and I then saw it coming down the Hill

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I did not see any other person with it I went amongst some wattle trees with Mr Hinksman and Johnson I did not see the cart turn off the Road I heard a noise which  led me to suppose it had turned off the road and Johnson and Hinksman said it had done so we went into the Road in a direction where he heard the sound if the cart and I saw a man in a white dress about a hundred yards from us going towards the Magpie Hill Mr Hinks man called out stand three times the man replied I am standing a  Friend” I think he said this twice, we went up to him both Mr Hinksman and Johnson said to him where are you going he replied to Launceston, I do not think he said “Camp” , that man was William Thomas, he wore a light coloured jacket he had a Gun in his right hand his left hand was in his jacket pocket. Mr Hinksman said I think this is a very queer way to go to Launceston and immediately took his Gun from him, he called both me and Mr Hinksman  by our names Johnson took his hand out

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of his jacket pocket looked at it and said to Thomas what have you been doing. I did not hear Thomas make any reply. Mr Hinksman said come along let us see what you have got down here Thomas said stop let me get my whip and he stooped down and picked up a whip which was a few yards from him , we then walked towards where we had heard the noise of the cart about twenty or thirty yards when Thomas said without being asked I have got a dead man here Johnson said what dead man when Thomas said Smutty John two men met him on the Magpie Hill and shot him. Mr Hinksman looked at the piece he had taken from Thomas and shewed it to me he told me to smell it I did so the hammer of the lock was down I smelt the pan of the lock and it smelt like a piece that had been lately discharged Mr Hinksman kept it in his hand whilst I looked at

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it and said this Piece has just been fired off Thomas replied yes that it the piece he was shot with I do not recollect that any thing else was said then we soon after came within sight of the cart when Thomas said there he is dead enough, I went up to the cart it was in the Bush not on the road there was four bullocks to the cart they were feeding there was a man laying on his back behind the art there was a bullock chain round his legs the hook of which chin was so placed round the links as to form a noose in which noose there were the legs of a dead calf  with those of the man the other end of the chain was fastened round the axletree of the cart by a Hook through a link, the feet of the man and Calf were raised, off the ground the body of he calf laid on the Ground the Body and head of the man also laid on the Ground Johnson undid the

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chain from round the man’s legs and I assisted him to lift the body of the man into the cart Johnson searched  and we came to Launceston I drove the Bullocks there were some bags in the cart when we put the body into it Mr Hinkmsan asked Thomas why he did not put the man into the cart he said I was afraid of being killed myself and I fastened him under the cart and hurried off the Road – as we were coming into Launceston I hear either Mr Hinksman or Johnson asked Thomas why he was so bruitish as to drag the man along the  road he said he did not know he was dead and he was glad to get him off the road as quick as he could – I am sure that Thomas called Mr Hinksman and I by our names when we first went up to him and he did not tell us that the man had been shot until we had gone twenty or thirty yards towards the cart after we had met him.

The body I helped Johnson to lift into the cart

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was very light I could have lifted it into the cart myself with great ease I delivered the Body to Gooch at the Hospital on Tuesday night and I saw it viewed by the inquest yesterday it was then in the same state as when I left it at the Hospital, the throat was cut and there was a wound on the right side of the face the back was bruised all the way up.

Thomas said that one man came up to the cart with a piece the other without a piece and that the man who was without a piece went up to the cart and took this piece and shot the man with it and left the piece behind them he did not say why they went away – when we got down to the cart I heard Thomas say they shot him and took away all the property and after some conversation between Thomas and Mr Hinksman which I did not hear Thomas said the property is in the Cart, he was sober when we met him I also recollect when we were at the place we found the cart that Thomas said

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if you go to the place where the man was shot near the top of the magpie Hill you will find a place on the Bank where he scuffled with them.

When I saw the cart coming down the Magpie Hill it was coming very slowly it made a great deal more noise after it turned off the Road than before

James X Glare

his mark.

Robert Wainwright Owen Esquire of Launceston assistant Colonial Surgeon worn saith I have examined the Body of John Warn which was brought to the hospital in the morning of the fifteenth instant I found the throat cut across in extent about eight inches and down to the vertebrae of the neck the trachea or windpipe oesophagus or gullet carotied arteries and jugular veins were all divided this wound might have caused instant death, I also observed a Gun shot wound on the left side of the posterior

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part of the neck  in a direction downwards to the vertebrae which it had fractured  the Ball from meeting resistance took then a direction upwards immediately under the left angle of the lower jaw bone which was fractured the Ball then passed out at the right angle of the lower lip, I am of opinion that this wound also would have caused immediate death. I examined  the body and head and the back appeared in an excoriated state as if the body had been dragged a considerable way on the Ground from the appearance of the throat I conceive much force must have been used in cutting it.

RW Owen

Asst surgeon (signed)

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An inquisition indented taken at Launceston in the County of aforesaid This Fifteenth day of April in the tenth year of the Reign of our Sovereign Lord King George the fourth before me Peter Archer Mulgrave Esquire Coroner of our Lord the King for the County aforesaid wpon the view of the body of John Warne of the Cocked Hat Hill Farmer then and there lying dead upon the oaths of Messieurs Thomas Underwood John Fawkner Richard Heany Theosophilus Feutrill George Burgess George Parkinson Wickham Whitchurch Francis Spencer Andrew Henderson James Anderson Joseph Barrett and John Henry  Jackson good and lawful men of Launceston aforesaid in the County aforesaid who being sworn and charged to enquire on the part of our said Lord the king when were how and after what manner the said John Warne came to his death do say upon their oath that William Thomas later of the Cocked hat hill in the County aforesaid Labourer not having  the Fear of God before his eyes but being moved and seduced at the instigation of the Devil on the fourteenth day  of April in the tenth year of our Lord the king aforesaid at ten o clock in the night of the same day with force of   arms at the Magpie Hill in and upon the aforesaid John Warne then and there being  in the peace of God and of he said lord the King felonioiusly and voluntarily and of his malice forethought made an assault and that the aforesaid William Thomaas then and there with a certain razor made of iron and

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steel of the value of one shilling which he the said William Thomas then and there held in his right hand the aforesaid John Warne in and upn the forepart of the throat of the said John Warne then and their violently feloniously voluntarily  and of his malice aforethought thruck and cut and gave to the said John Warne then and there with the Razor aforesaid in an upon the aforesaid forepart of the throat of the said John Warne one mortal wound of the length of eight inches and of the depth of two inches of which said mortal wound the aforesaid John Warne then and there instant died and so the said William Thomas then and there feloniously killed and murdered the said John Warne against the peace of our said Lord the King his Crown and Dignity.

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In witness whereof as well the aforesaid cornoer as the jurors aforesaid have to this inquistion set their sands and seals the day and year and at the place first within mentioned

Thomas Underwood John Fawkner Wickham Whitchurch Andrew Henderson George Parkinson

George Burgess Richard Heany John Henry  Jackson Francis Spencer James Anderson

Theosophilus Feutrill Joseph Barrett and PA Mulgrave

(all signed)

p465 (1829 in pencil)

Frederick Houghton sworn saith I am the son of Mr James Houghton a Publican in Launceston I recollect on a Monday night about three weeks ago John Christie was at my father’s House with a cart and Bullocks I drove the cart and Bullocks out of the yard about half past seven o clock Christie was drunk at the time he came to our House drunk about five o clock when he got dinner there was a man in the leaves he was either drunk of asleep I tried to rouse him up he wanted not or did not answer me I left the cart in front of our Gate in Brisbane Street, I had deliverd two pair of trowsers to a man called George Mc Hoppy? who delivered them to Christie in the House when Christie went out at the front door and Turner and Hoppy’s man

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went out at the back Door with a lantern to go to the stable for Hoppy’s mare about ten minutes after Christie had taken the trowsers out of the House he returned and said one of our men had stolen his trowsers I shewed him a man who then lived with my Father he said that was not the man I told him the other Man was in the table and he had better goo there, he went out at the back Door came into the House again and said he could not see the man he then went to the front of the House Turner was then on the street with Hoppy’s mare and Christie then accused Turner of stealing his trowsers.

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The information of Mr Henry Hinksman of Launceston Police Officer who saith I recollect the night of which Oliver Turner was taken to the Watch House on a charged of felony it is jot about three weeks ago I had see three carts standing at the corner of the street not very far from Mr Houghton’s Public House there was some property in the carts and several bad characters near and about the carts I desired the Drivers of the carts to take their carts away one of the men complained he had been robbed I do not know his name I understood he lives at Perth I saw the Prisoner about the same time in Mr Houghton’s Tap Room the man who said he had been robbed appeared to have been drinking but was not drunk.

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John Dale of Launceston shoemaker sworn saith I recollect that one evening about eight o clock about twenty days ago I was at Mr Houghton’s Public House when I heard a man near the front of the house accuse a person in the street of having robbed him of some trowsers out of a cart the person so accused was not Oliver Turner a minute or two afterwards Mr Hinksman and the  man who said he had lost the Trowsers came into Mr Houghton’s Tap Room Turner was thern in the Tap Room and the man told Mr Hinksman that Turner was the person who  had taken the trowsers, it was dark when he accused the man in the street but? they were close together talking he left the man in the street and came into the Tap Room with Mr Hinksman and immediately on his coming in he accused this man Oliver Turner of stealing  the

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trowsers there were several persons then in the Tap Room about then or a Dozen, the man who complained of being robbed was in liquor Mr Hinksman did not take Turner into custody District constable Dell took him in charge about a waurter of an hour or twenty minutes afterwards. The man told Dell that Turner was the person who had robbed him – when I went our of the Tap Room and heard the man accuse the other person on the street of the robbery I left  Turner in the Tap Room,  I had seen two carts standing in the street near Mr Houghton’s House for about an Hour before this I do not know if either of the carts belonged to the man who said he had lost the trowsers, the carts were at the corner of a street, there was no carts standing in front of Mr Houghton’s House at the time

John Dale ( signed)

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The information on oath of Charles Corrigan a convict in the service of the Crown at Launceston who saith on or about the 7th of October about two  o clock I was near the Gaol at Launceston and as I was passing a drain leading form the Gaol wall I saw William Watson a convict in the Drain near the wall he was kneeling on hiss right knee he had a bitch close before him his  breeches were down the tail of the bitch was between the man’s legs he had his left hand round the bitches body I think he also held the bitch with his right hand but I am not certain he moved himself backwards and forwards, I saw his private parts I am not certain if his private parts were actually in the private parts of the  Bitch I looked at him about a minute and he was in the position I have described him all that time

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he was so close to the Bitches hind parts that his body touched the hind quarters of this Bitch after I had looked at him about a minute I said well is it possible Bill you are a horrid man he then let go the Bitch which ran away and he dropped his head to the ground and continued in that position about a minute then got up upon his feet buttoned up the flap of this trowsers and said I hope you will never mention it, I said it ought to be mentioned but I will not mention your name, I saw his private parts as he was getting up just before he began to button up his trowsers, I did not examine the Bitch I saw her the next day and tried to catch he I did not observe if her private parts were swelled or not nothing further passed

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between me and Watson than what I have stated Watson was missing from the Public Works on that day, Watson was never an overseer over me, I never had an angry word with him I have known him for some years he and I were always on friendly terms, the Drain was about two feet and a half deep there was nothing over the drain or by the side of it to conceal Watson from the sight of a person passing.

I was going to cart stones to the Gaol at this time I drawed five or six loads of stone on that say to the Gaol Watson was placed on the wall to take care of the Tools as to count the number of loads of stones which were carted, I did not see Watson any more that day.

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I did not see Watson until the day before yesterday from the day I have previously mentioned. X I remember Mr French and I tilted a cart of stones near the Gaol on that day I did not see Watson at that time I did not see him without a shirt on that day. Watson wore a waistcoat at the time but no jacket.

Chares Corrigan (signed shaky)

Sworn  before me at Launceston the 21st day of October 1829 and read to the Deponent in the presence and hearing of William Watson

James Gordon (signed)

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Mr William Jones sworn saith I am keeper of the Prisoner’s Barracks and Launceston I know William Watson a convict he belonged to the Chain Gang and was confined at night in the Barracks for absconded on the eight of October instant and has not since been in the Prisoners Barracks

William Jones (signed)

Sworn before me at Launceston on the 24th of October 1829

James Gordon (signed)

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Plea William Watson

decided 24th October 1829

p476

The voluntary statement of Thomas Butler who saith I was born at Tulla in the county of Carlow Ireland. My father was a farmer, I left my Father’s house in 1812 I was then about twenty years of age I went to Dublin and enlisted for a soldier in the 25th light dragoons I remained in the Regiment for a year and a half and deserted from it in Maidstone in Kent two of my comrades deserted with me and on our road to Liverpool being without money we stopped a Mr John Ridgeway on the High Road near Stoney Stratford  on an evening in September 1813 and robbed him of between nine and ten pounds in money, we took nothing else from his person we did not ill use him, I held his horse whilst the other men took the money from him which he gave up readily and then rode  towards London, we proceeded along the Liverpool  road to Daventry, we were in Regimentals when we committed the robbery, but had no arms we bought some coloured cloths at Lancaster/Towcester? and left our fatigue dresses there, the next morning we were taken in Daventry examined the same day by  some Magistrates at Stoney Stratford and committed to Aylesbury Gaol and tried on the ninth of March 1814 before Sir Vicary Gibbs and cast for Death, I was transported to New South Wales in the Indefatigable and arrived in Sydney in April 1815 I was first assigned to Mrs Reiby and remained in her service nearly six years when I was returned to the service of the Crown I remained in the Government Boats about twelve months when I was sentenced to be sent to Port Macquarie for heaving a stolen watch in my possession belonging to

p477

Mr Robert Cooper which I had bought when I was intoxicated and to receive a Corporal punishment of a hundred lashes, I was to have remained at Port Macquarie the reminder of my sentence but was taken out of the vessel at Newcastle by the then Commandent Colonel Morrisset who had my irons knocked off and kelp me as one of the crew of his Barge, I went there in February 1822 and remained there and so employed until the latter end of 1826 and was then assigned to Captain Levingstone of the Lord Liverpool Cutter who took me to Sydney and remained with him until the latter end of July 1827 I was employed by my master in assisting to fit out the cutter Currency Lass and in the month of July 1827  I concealed myself  on board that vessel and arrived on board her at Launceston on the twelfth of August at the wharf the Captain

p478

did not knows I was on board or that I landed from her. I went over to Hobart Town where I engaged myself to a man named Bernard Fox a carrier and went with him to Mr John McLeods at Campbell Town, I was employed to protect the Goods on the road, I engaged with Mr McLeod and remained there ten months and was chiefly employed salting beef and taking it to the Commissariat Store in Launceston, after I left Mr McLeods I went to live with Mr Morrisy at Bagdad and hoid? with him as cook and waiter a month and then went to the Ship Inn in Hobart Town where I resided in the capacity of Waiter a fortnight and then came straight to Launceston and the next day I went on Board the Caroline cutter to enquire where she was bound to, Laughton White had a boat alongside and was

p479

shipping potatoes on board I told him I was a shoemaker and was in debt and wanted to stop ion some secret place for a little while, he took me to Captain Paines farm on the right bank of the Tamar that night, the next morning he called me a little way from the House and asked me to tell him the truth whether I was a free man or a prisoner he said tell me the truth if you are a prisoner I will endeavour to protect you as well as if you are a free man, you can go to my other farm on the opposite side of the River where you can hide  privately, I told him I was a prisoner and every thing that had happened to me since I left Sydney, I passed myself by the name of Dennis Redman in Van Diemen’s Land until I gave myself up to the Police in Launceston.

I returned to Launceston

p480

for the purpose of getting out of the Colony. I have not committed any other offence in Ireland England or these colonies besides those I have stated nor in another other part of the world.

/signed/ Thomas Butler

BUTLER, Thomas. Per “Indefatigable”, 1815

1822 Feb 20

On list of prisoners transported to Newcastle per “Elizabeth Henrietta” (Reel 6008; 4/3504A p.476)

1818 Jan 5

Servant to Mary Reibey. Re permission for Butler to proceed to Port Dalrymple (Reel 6005; 4/3497 p.272)

1823

Petition for mitigation of sentence (Fiche 3230; 4/1869 pp.17-17a)

http://colsec.records.nsw.gov.au/indexes/colsec/b/F08c_bu-by-15.htm

p481

T. Butlers statement

1829

p482

Alexander Henderson a Constable Sworn saith on the night of the 11th? of October instant I found Thomas Mehan a convict who has absconded from the service of Mr Patrick Carlin in the house of Thomas Foster in Launceston. Mehan had been reported at the Police Office as an absentee he had been about six weeks absent Foster was laying on a Bed and Mehan was lying behind him covered over with a blanket Foster was awake and spoke to me. I knocked at the Door which was opened by a woman who lived with Foster I went round to the back of the House to a window and heard Foster and Mehan conversing together. Constable John Gardiner was with me.

p483

Thomas Foster is ordered to pay a fine of Twenty Six Spanish Dollars and costs

p484

slip of paper c 10 x 12 cm pasted in

in pencil

1 mile

1 flower drive?

2 axes

next to above Mr Anstey ??? of late 39 Cox

p485

small piece of paper glued on back of page 486

c 6 c 8 cm h x w

2507

June 26 1850

N Stammers

Wellington Street

Waisternt

p486 (written like an envelope addrress)

Captain Kenworthy

Boy? al Seginens?

p487

(two pieces of paper glued onto a 1930? page)

top:

No: 119

Internal revenue

Van Diemen’s Land

Permit Mr George Sommerville of Launceston

to receive Two Hundred Gallons of Colonial Spirits Strength (proof)

as under part of the Stock of

Mr David ? Town Distiller Caledonian Distillery

This permit to be in force from ten o clock AM 8th June for the goods being sent out of stock and to three o clock pm 8th inst for the same being received into stock

witness my hand this seventh day of June 1836

5 casks granted by Stephen E Browne Inspector

2 or fall (proof) spirits

bottom:

Launceston 4th Janaury 1836

Cashier of the TAMAR BANK

PAY TO  The Hunter Marley or Bearer, the sum of

Four Pounds ten shillings and six pence and  place the same to account of

Reward Abstract

DSWHurnes ??

p488

POLICE # 471 LAUNCESTON

January Sixth 1835

The Bearer THOMAS LUCAS a prisoner holding a Ticket of Leave has permission to Pass this day to DALNESS North Esk to the House of Mr D Ralston and return on or before the seventh day of March 1835.

W Lyttleton (signed)

NB This pass is to be taken on the day the bearer arrives in the district to Mr Cottrell Chief constable of Launceston….

p489

(a piece  of paper glued onto a 1930? page)

POLICE OFFICE , HOBART TOWN

To Mr PW Welsh constable and to all constables and others in the said Island whom it may concern

Whereas, information hath been made before me, one of His Majesty’s Justices of the Peace for Van Diemen’s Land and its Dependencies, upon the oath of

Thomas Brennan of the Springs that Sol Oakes a labourer hath absconded from his service contrary to his agreement

These are therefore, in His Majesty’s Name, to command you and everyone of you forthwith to apprehend and bring before me or some other of His Majesty’s Justices of the Peace the body of the said

Sol Oakes

to answer touching the said information and to be further dealt  with according to Law

Given under my hand and seal at Launceston  this sixth day of  August in the year  of our Lord  one thousand eight hundred and thirty

VD Gregson  ??  JP (signed)

p490 (Big handwriting – public notice? – large c A3 page folded into A4 scale) bright red dots on back of each corner which look like wax s- to put on a window?

Launceston 21 October 1831

Henry Helps of Launceston doth hereby caution the public at large against using the House as it is known by the name of the Brittania Public House situate in Launceston and which said House is now kept by a man named Thomas Monds formerly a Tallow Chandler.

For: That the said Thomas Monds, did endeavour to employ and since obtaining his Licence at Vicluation?  the said Henry Helps to encourage persons of any character to resort to his the said Thomas Monds House known  of “Ill fame”

That in consequence of the said Henry Helps refusing to act in accordance with the said Thomas Monds degrading request – he the said Thomas Monds has refused to deliver to him the said Henry Helps – the following articles his property viz.

two shirts

one pair of stockings

That the said Henry Helps having applied to William Lyttleton Esquire now Police Magistrate in the above case for redress, which him the said William Lyttleton refused to grant (as is usual to those parties who have unfortunately once been prisoners) is compelled to adopt the present measures which this notice will forthwith shew.

And I hereby give the Public at large to understand that the said Thomas Monds in lieu of acting as a Publican has acted as pawnbroker by detaining my property. “For what four shillings” he says to get a mob to my house”

Henry Helps

p491

179.87/1

Colonial Secretary’s Office

26th February 1836

My dear Clarke

Mr Curr of Circular Head having applied for a Licence for one of his Overseers who is anxious to be married, I have for the purpose of saving the parties time, transmitted to him the usual affidavits to be filled in, and presented to you, and may I request you will have the goodness, upon their receipt and the sum of £4.4 to put Mr Curr in possession of the accompanying

John Clarke Esq

Launceston

p492

document after filling up the blanks with the names &c which you will find in the affidavits. If either party be under age the affidavit must be certified by the Guardian or legal protector.

Have the goodness to send me the affidavits by return of Post and you can consult your own convenience as to transmitting the £4.4, either by an order in my favor upon the Treasurer?, by a check upon the Bank, or the cash itself if you prefer it.

Yours very faithfully

John Montagu (signed)

p493

26th February 1836

Col sec

Insp Marr Lic

for Mr Curr Overseer

p494

Launceston May 6 1836

It is agreed by and between Louis Henry Lazarus and James Corbett that the said James Corbett shall act as barman at the public house known by the name of the Green Gate in Launceston aforesaid at the weekly salary of thirty shillings the first to be paid on the 14th inst and that the said James Corbett shall be liable to the said LH Lazarus for all fines inflected on him ??? neglect of the said James Corbett such fines all ???? thereupon to be paid by the said James Corbett

witness Ned ? Smith

James Corbett

Lazarus

p495

Rodney (3)  12 02 1853  VDL   24 11 1852 Cork         80  342      339     Alex Maclean           Joseph Caldwell

http://members.iinet.net.au/~perthdps/convicts/shipsTAS.html

(certificate of freedom for Benjamin Vadham/ Qadham/ Gadham ??)  about A4 size in durable woven paper/fabric

FORM 1

VAN DIEMENS LAND

c passed 19/12/321 (in ink pen)

This is to certify that on Examination of the Assignment List it appears that Benjamin Vadham who was tried at Newbury 30 June 1848 and who arrived at Hobart Town in the Ship Rodney 3 in the year 1850 , under a sentence of Transportation for seven years and whose description is hereunto annexed, hath duly served the period for which he had been transported, and is henceforth restored to FREEDOM

GIVEN under my hand at the Comptroller Generals Office Hobart Town

Published in the Hobart Town Gazette

this Third day of August in the year of our Lord, one thousand eight hundred and fifty five

By command of the Governor \signed by who?/

Deputy Comptroller General

p496 (back of pass)

Description of the said BENJAMIN  VADHAM

TRADE  shoemaker

NATIVE PLACE  Newbury

HEIGHT WITHOUT SHOES  5 feet 6

AGE 46

COMPLEXION  fair

HEAD  large

HAIR  brown

WHISKERS  reddish

VISAGE oval

FOREHEAD high

EYEBROWS dark brown

EYES  blue

NOSE  medium

MOUTH do

CHIN do

REMARKS  Hair mole on right shoulder face pock pitted partly bald

J Burnett signed

Memorandum

should this certificate of freedom  be lost, mislaid, or disfigured no duplicate or new certificate will on any account be granted by the Government.

J Burnett

p497

Van Diemens Land

To Wit

To Mr PW Welsh CF Constable and to all constables and others in the said Island whom it may concern

WHEREAS , Information hath been made before me, one of His Majesty’s Justices of the Pace for Van Diemen’s Land and it Dependencies, upon the oath of  John Connelly that Theophilus Feutrill did yesterday assault strike and otherwise ill treat the said John Connelly against the peace of our sovereign Lord  the King His Crow and Dignity.

These are therefore, in His Majesty’s name, to command you and every of you forthwith to apprehend and bring before m, or some other of His Majesty’s  Justice of the Peace, the body of the said

Theophilus Feutrill

Given under my Hand and Seal, this Twenty Third day of February in the year of our Lord One thousand eight hundred and thirty.

p498

Hobart Town

April 23/44

Sir

Finding that Martha Harrington Per Royal Admiral is in the first class I enseize? there must be some mistake in the classification list.

She has been in my service about 17 months and during that time her conduct has been always such as given me satisfaction except on one occasion when she was detected pilfering

p499

she is a sober industrious civil servant and I trust that the lengthened period of her remaining in my service with only one offence will operate in her favour and that she may be forwarded to the third class.

The sentence passed upon her at the time in question was remitted and she was returned to my service at my intercession since which period I have never had occasion to find fault with her. It is seldom that females remain so long a period as this woman has with me and I hope thus may be weighed against her one solitary fault, I may add to this that

p500

previous to her arrival in the colony she had not led a criminal or otherwise abandoned life.

I should be obliged by an answer to this as soon as it can be conveniently given for I could not, however desirous I may be of retaining her in my services, continue her as an inmate of my house upon such wages as she would then be in the receipt of feeling assured. That she could not clothe herself as I wish to seen? servants in my family.

I have the honour to be

sir

your obed servant

John Price

p501 (back of page 500 many people’s writing – not in any order)

I forward both these letters from Mr Price for d expert.

W Nairn

April 44

Something wrong here

M

30 April

P Rund formerly Martha Harrington

Royal Admiral 1st larc

This woman’s class was first in reference to the offence of which she was found guilty in March 1843 – namely “larceny” and for which she received a sentence of 12 months extension of her Sentence of Transportation with a recommendation …. she be placed on Probation on the Wash Hut for 5 months.

No intimation of a remission of this sentence has been received at this office – nor can any memorandum to that effect be found in the office of the late Principal Superintendent

Henry? Montagu? (signed)

The rejection? will be to look into this case and find out where the ??????????? if any has occurred

Nat Hilling (mistyped?)

From the memorandum attached it appears that Martha Harrington was discharged to the Service of Mr Price from the Female House of Co????   of extension of transportation.  There is no memorandum  ???Mr Earles?

??? Massey??

18th may

Mr Price applies to have the two women in his service promised to ??  Clay

James Morrison??

7 May 1844

Recommended

MF Ridley

p502

43

Convict Department

Registrar’s Office

16th may 1844

Immediate

Memo

463 – Martha Harrington Royal Admiral

The superintendent House of Correction or custody is requested to forward for the information of the Comptroller General the authority for the discharge of the woman named in the margin to Private Service on 15th April 1843

James Morrison

Registrar

Sentenced on 31st March 1843

an extension of her sentence of transportation for 12 months – and to be place ofn probation for 6 months at the Wash tubs.

p503

Martha Harrington

per Royal Admiral was returned to the service of John Price esq by an order of the then Principal Superintendent  John  Huntintinssons ?? what long name can this be?

FH Correction

17th May 1844

p504

The Colonial Secretary presents his compliments to the Police Magistrate of Launceston, and begs to inform him that Monsieur Ravac has represented that he merely wishes to give a musical entertainment at his house in Launceston and that, therefore, under the advice of the Crown Solicitor, he will not be obliged to take our a Licence for this house, as a Concert

p505

does not come within the meaning of the act of council for Licensing Places of Public Entertainment

J.E.B

Col:Sec:Office

6 June 1846

p506

6 June 1846

Colonial Secretary

Monsieur Ravac

p507

Bridge Water Station

24th July 1844

Sir

Enclosed I send you a Certificate of my moral character from my Clergy at Norfolk Island I have likewise in my possession a Letter of Commendation from Dr Reid of my abilities in Gardening and Husbandry for him for the last four years. I flatter myself that I could make myself useful as Clerk or Store Keeper. Messenger or Gatekeeper or any occupation that you may have the goodness to recommend me to I shall endeavour to give honour to the credit placed on me – Sir in hopes that you will have the goodness to releive me from this  place of penury as soon at possible. I am your Obed sevt

John Davie  Duke of Richmond

To Wm Gunn Esq

Hobart Town

p508

Wm Gunn Esq

Supt. Prisoners Barracks

Hobart Town

p509

Pencil (Ferguson?) ??? of Robbery 19th April 1846

named Godfrey Myers to M Williams

Value of property £100)

My dear Sir,

A Ticket of Leave holder named Mark Salome called on me about three weeks ago, and claimed compensation for certain expenses he had been put to in the prosecution of a receiver of stolen goods at Launceston.  In addition to a pecuniary loss, he alleges that his conduct in the business has made him so obnoxious to some persons that he has been obliged to place himself under the

The Police Magistrate

Launceston

p510

protection of the Police. Will you have the goodness to furnish me with a statement of the facts of the case so far as they came under your notice, and inform me whether in your opinion he has any claim to renumeration from the Government

Yours truly

J.E. Bicheno (signed)

2 March 1847

p511

2 March 1847

Col Sec

Salomes

Claim

p512

Mariner’s Register Ticket

No of ticket: 410,848

Name: George Lee

Born at: Southampton in the county of: same

On the: 1 April 1833

Capacity: Apprentice

Height: growing

Hair: light

Complexion: fair

Marks on person: none

Bearer’s signature: George Lee

This ticket was issued from the General Register and Record Office of Seamen to the Collector and Comptroller of Customs of the abovementioned Act

signed: Lokwae?  pro registrar

Issued to the above named George Lee by the Collector and Comptroller of Customs of the Port of Southampton on the 20 April 1848

Signed: C N Smith

Examined and entered by: Henry Durkin

p513 (Big page of printed text)

Indenture: 19 April 1848

Aged:15

George Lee

Native of Southampton

Free will and consent apprentice to JOHN VAUX

Term of four years….

to be taught, learned, and informed in the Art, Trade, or Business of a Mariner or Seaman, with the circumstances thereunto belonging and will find and provide for the said apprentice sufficient, meat, drink, washing, lodging, medicine and medical and surgical aid and advice  and also to pay unto the said Apprentice the sum of twenty pounds of  lawful money of Great Britain in manner following (that is to say)  at the end of the second year the sum of six pounds, for the third year six pounds, and for the fourth and last year 8 pounds…..

Witnesses:

Thos N T?????

PM? Lawson

George Lee

John Vaux

p514

for the LADY MONTAGU of Southampton

20 April 1848

George Ludgate collector

LN Smith   Comptroller

http://members.iinet.net.au/~perthdps/convicts/shipsTAS.html

Vessel   Arrived    Port    Sailed   From     Days Embarked Tasmania     NSW  Victoria Norfolk Is      Master            Surgeon Lady Montagu                  09 12 1852  VDL   09 08 1852 Plymouth    122  290      280         And Cheyne    Sam Donnelly

p515

To the Sheriff of Van  Diemen’s Land and its Dependencies , or his Deputy

GREETING

You are hereby commanded that you cause to come before a Court of Quarter Sessions of the Peace, to be holden at the Court House at Launceston on Monday twenty fifth of February next at 10 in the forenoon  good and lawful men duly qualified as jurors according to the jury act, to make a Jury for the Trial of all such Issues of Fact or other Matters as shell be then required to be tried by a jury, And that you have then there the Names of those Jurors as by the said Act is required of you, and also this writ.

Given under my Hand and Seal at Launceston this twenty eighth day of February  1856

JB Kenyon

chairman

p516

booklet glued into volume  48pp

M Kennedy (name written top right)

AN

ACT
TO AMEND THE ACT LATELY PASSED FOR THE

MORE PERFECT CONSTITUTION

OF

COURTS OF GENERAL QUARTER SESSIONS

AND TO PROVIDE FOR THE

MORE EFFECTUAL PUNISHMENT

AND

CONTROL

OF

Transported and other Offenders

HOBART TOWN:

HALL, PRINTER, ARGYLE STREET,

1839.

End of transcription of volume 2

ms 3251 1827-1828 box 1 vol 1

ECHOES OF BUSHRANGING DAYS IN VAN DIEMEN’S LAND: BRADY, MCCABE, PERRY, GEFFREYS, AND BRITTON
1827-1828
ms 3251  Vol 1 of 4 in box 1 . Collection of the National Library of Australia.

TRANSCRIPT:

TEMPLATE

Van Diemen’s Land

To Wit

The examination of     of                         in Van Diemen’s land          taken upon oath before me one of His Majesty’s Justices of the Peace for Van Diemen’s Land and its Dependencies  the BLANK  day  of BLANK in the year of our Lord One thousand eight hundred and twenty BLANK in the presence and hearing of BLANK duly charged before me upon oath BLANK

which said deponent on   BLANK oath aforesaid and saith as follows (that is to say):-

p1

Jan 1827

I hereby acknowledge I have this day namely the fifteenth day of January 1827 I hired myself to Mr Thomas Archer of Woolmers for twelve calendar months for which time of service I am receiving thirty pounds sterling and the following slops and Rations, namely Four cotton striped shirts, one blue cloth jacket, one pair of blue cloth trowsers, one duck frock, two pairs of duck trowsers, and three pairs of shoes during the said twelve months, also ten pound and a half of meat, twelve pounds of coarse flour, three ounces of common tea, one pound and a half of coarse sugar, two ounces of common soap and two ounces of Tobacco each and every week during the said twelve months; and for which said sum on money, slops and Rations I do hereby engage and work for the said Mr Archer at my trade as a carpenter, or in repairing or making carts, wheels for or at any other kind of work that Mr Archer may wish to put me to and that I may be able to perform, and I do engage and exert myself both early and late for Mr Archer’s benefit so long as I continue in his Service

Dated at Woolmers, Lake River

this 15th day of January 1827

Witness Wm Archer Jnr

Signed [actually signed by]

Edward Fuller [in large and shaky handwriting]

p2

The information and complaint of Mr Thomas Archer of Woolmers, Bathurst [?] who being duly sworn saith, on the fifteenth day of this present month of January I hired Edward Fuller a rough carpenter for twelve months certain as per the agreement which I know [now?] produce signed by Edward Fuller & witnessed by Mr Wm Archer – The said Edward Fuller continued steadily at his work until breakfast time this morning the twenty second day of January instant and I am now informed by my overseer Joseph Moore that he said Edward Fuller has left my premises and taken with him his clothes and other articles, intending not to return to his work – I therefore pray that the said Edward Fuller may be caused to appear before the magistrate & answer to my complaint and to be further dealt with according to law.

[signed] Thomas Archer

Sworn before me this 22nd day of Jan 1827

James Cox JP

p3

The information and complaint of Mr George Carthead/Castheart

of Launceston in VDL taken upon oath before me, one of His Majesty’s Justices of the Peace for Van Diemen’s Land and its dependencies, this 30th day of January in the Year of Our Lord one thousand eight hundred and twenty seven. Which said informant on h is oath aforesaid, deposeth and saith as follows (that is to say): – on or about the month of June last I purchased a Boy gelding of Mr John Smith of Norfolk Plains about the twelfth day of September last I put the said Gelding into Mr Charlton’s Yard at Launceston and on or about the nineteenth of that month he was missing from the said yard. I advertised the horse in the colonial times  paper and offered a Reward for his recovery. Last Tuesday the twenty third instant I had received information of my horse being in the possession of James Lindsey, one of the government messengers in consequences of which I went to the government stable at Perth yesterday the twenty ninth instant and there found my Horse in the said Stables he was in one of the stables tied up to the Manger the Doors of the Stables were locked. I went to constable Lloyd who lives close to the stables he immediately called to Lindsey to open the stable door Lindley came out

p4

of the same apartment in which Lloyd then was and unlocked the stable door. I said to Lindley that is my Horse he replied it is impossible it is a government horse and delivered to me as such and was given to me by Mr Williatt Postmaster of Launceston, I rode the Horse to Launceston this morning accompanied by Constable Lloyd in whose custody the horse now is, this is the Horse. It is my property. I know it by a small cut under the li of the right eye I gave 40 pounds for it.

Genv  Casthcart

p5

The information of Mr Newman Williatt Post Master of Launceston who being sworn saith about fifteen months ago Cashmore Garel/Izranel (?) the Government Messenger came to my office with a brown or bay horse which he said belonged to Government he rode that horse until about the month of last April when he said the Horse had got away and he continued to bring  the mail on foot, during the time Izranel rode that Horse the Horse had a very sore back both his knees were broken I cannot give any other description of that Horse I was confined to my Room at this time by illness about the Latter end of September I was standing one day at my Door when I saw a brown coloured horse in the street I thought it was the Messenger Horse and I told John Symes my Servant to go and catch it, he did so and brought the Horse into the Yard, I again  looked at the Horse as it passed my Door I did not examine in minutely I felt confident from the general appearance of the Horse

p6

that it was the same I had seen Izranel ride, and which I understood belonged to Government, I therefore suffered him to take the Horse away the next time he came which I think was on the next Monday, Izranel when he took the horse away did not say it was the same horse he had rode before he did not make any remark to me about the Horse the Horse now produced is of the same colour and appearance as the Horse rode by Izranel but I cannot say it is the same Horse, It was about eleven or twelve o clock when Izranel went away with the Mail on the Monday night alluded to the next week when Izranel returned he told me that the Horse had fallen over a log and he was leaving Launceston and that the Horse had got away a few days afterwards I heard the Horse was in Jacob’s Yard and I sent Lindsey there for the Horse when he was first made Messenger.

Newman Williatt (signed)

Sworn before me at Launceston

the thirtieth day of January 1827

p7

Van Diemen’s Land

To Wit

The examination of William Lloyd  of Perth in Van Diemen’s land Constable taken upon oath before me one of His Majesty’s Justices of the Peace for Van Diemen’s Land and its Dependencies  the BLANK day  of BLANK in the year of our Lord One thousand eight hundred and twenty BLANK in the presence and hearing of BLANK duly charged before me upon oath BLANK

which said deponent on h BLANK oath aforesaid and saith as follows (that is to say):- I reside at the Gaol at Perth a part of the Gaol is used as a Stable for government Horses I know James Lindsay he is one of the Government messengers he has been living with me about eight weeks except when he is on duty. I have lived at Perth since the third of last November Lindsey has frequently called there with a Bay Horse which he said was the property of the Crown he has gone on to Launceston five or six times with the horse Lindsey was at Perth when I first went to live there I never saw him have any other Horse in his possession yesterday evening the twenty ninth of January Mr Cathcart came to Perth and asked me.

p8

to let him look at the government Horse I asked James Lindsey to unlock the stable  door, he did so Mr Cathcart looked into the stable and said I believe that is my horse if he is so you will find the marks I will describe to you Mr Cathcart said the Horse had a small scar under his right eye Lindsey said it was the horse he had had ever  since he had been a Messenger and that he had received the horse from Mr Williatt who is the Post Master at Launceston this is the Horse, Lindsey put the key into the Lock of the Door but could not unlock it Mr Serjeantson Groom /James Erthington was present and unlocked the door

William Lloyd

p9

The examination of  James Lindsey who saith I am government messenger I have been employed to carry the Mail from Launceston to Mr Willis’s farm the 30th September last until about the middle of November and since that time between the Elizabeth Creek and Perth when I was first made Messenger Mr Williatt the Post Master at Launceston told me to go to John Jacobs in Launceston for a Horse I went to Jacobs this Horse was then in his Yard he delivered it to me, I took it to Mr Williat’s the Horse was then not fit to go a journey and I went that day on foot on to the Cocked Hat with dispatches, before I went I put the Horse in the government stable I returned to Launceston the same evening and the next day took the Horse to Mr Willis’s and have had him in my possession ever since until last night during the first six weeks I rode the horse into Launceston every week

James Lindsey (signed)

p10

The information of John Symes of Launceston who being sworn saith I am an assigned Servant to Mr W2illiatt the Post Master of Launceston about the twentieth of last June Cashmore Izanet was messenger and was in the habit of coming to my master’s every week with a bay Horse and on or about that day I was passing the horse when he kicked me and broke my arm the Horse had then a sore back and both its knees were sore they had been broken I went to the Hospital about six or seven weeks afterwards I saw a bay Horse in the Street I told my master I thought it was the Messengers Horse he desired me to catch it I did so and Izanet the Messenger took it away with him the week afterwards a few days after I saw the same Horse in John Jacobs an allotment of Ground where John Jacobs then lived when Izanet came back the next week he said the Horse had fallen over a stump and had got away the Horse I have now seen in the Police Office yard is the same Horse I so caught and afterwards saw in Jacob’s allotment I do not know whether or not this is the Horse that broke my arm.

I do not think is is the same because its knees appear as if they had never been broken. I am employed as a Baker at Mr Williat’s

Sworn before me at Launceston the thirtieth day of January 1827

John Symes

Information respecting Mr Cathcart’s Horse March 1827

p11 (Feb 1827 in blue pencil)

VAN DIEMEN’S LAND

TO WIT

COMPLAINT  of Mr Simion Lord of Launceston in Van Diemen’s Land Dealer taken upon oath before me  one of His Majesty’s Justices of the Peace for Van Diemen’s land and its Dependencies this twelfth day of January in the Year of Our Lord one thousand eight hundred and twenty seven which said informant on his oath aforesaid deposeth and saith as follows (that is to say): –

on the seventh day of December last I had various articles of Merchandise the property of my Father Mr Simion Lord of Sydney in a store in Launceston on the afternoon of that day I left my store and went home to my then residence near the wharf about eight o clock that evening Mr Hugh McLeod my clerk and Shopman who I had left in the store came to me and told me the store had been broken open and several articles stolen therefrom I immediately went to my store in company with Mr Peter Broadfoot and discovered that a wooden bar by which the Door of the store were usually fastened had been sawed in two pieces it had been cut through in the centre directly opposite the place where the two half doors closed when they were shit to I examined the Goods in the Store and found that four pieces of blue woollen kerseymere containing about fifty five yards three pieces of black

p12

kerseymere containing about forty five yards two pieces of drab coloured kerseymere containing about thirty one yards ten yards of olive coloured Pelisse Cloth one piece of coarse blue cloth containing about nineteen yards and two Remnants of coarse blue cloth containing eight yards were missing.

When I left the store that afternoon I told Mr McLean to fasten the Door of the store and come to my Residence to hie Tea, he came to my lodgings about six or seven o clock and went away about an hour afterwards he said he was going to the Store where he usually slept, this piece of blue kerseymere is of the same width the same colour the same quality and it general appearance is the same as the blue kerseymere that was stolen from my store this piece of black kerseymere appears to be exactly of the same description as that I lost from my store I have sold several pieces of black kerseymere about the same

p13

length as this piece but I never sold so great a quantity as this piece of blue kerseymere except to Mr Micklejohn Mr Charlton bought about six yards Mr Micklejohn bought a whole piece about twenty yards I never gave any away any kerseymere of this description. Mr William Smith sold the kerseymere to Mr Charlton on my account I sold the piece that Mr Micklejohn bought.

H.Simpson JP (Signed)  S..Lord jun (signed)

The examination of Donald Micklejohn of Launceston in Van Diemen’s Land Tailor taken upon oath before me one of this Majesty’s Justices of the peace for Van Diemen’s Land and its Dependencies the sixteenth day of January in the year of our Lord One Thousand eight hundred and twenty seven in the presence and hearing of Thomas Jackson duly charged before me upon oath with feloniously receiving and having in his possession five yards of blue woollen cloth the property of Mr Simeon Lord of Sydney knowing the same to have been

p14

stolen which said deposeth on his oath aforesaid deposeth and saith as follows (that is to say)

Between three and four months ago I purchased a piece of blue kerseymere of Mr Lord I never sold or gave sway any of that kerseymine without its being first made up into clothes

H.Simpson JP (signed)

Donald Micklejohn (signed)

p15

Van Diemen’s Land

To Wit

The examination of    THOMAS JOHNSON  of  LAUNCESTON                in Van Diemen’s land          taken upon oath before me one of His Majesty’s Justices of the Peace for Van Diemen’s Land and its Dependencies  the TWELFTH   day  of  JANUARY  in the year of our Lord One thousand eight hundred and twenty SEVEN in the presence and hearing of THOMAS JACKSON  duly charged before me upon oath

FELONIOUSLY receiving and having in his possession five yards of blue woollen cloth the property of Mr Simeon Lord of Sydney knowing the same to have been stolen.

which said deponent on     oath aforesaid and saith as follows (that is to say):-

on the twelfth of December last about ten o clock in the forenoon I saw Thomas Jackson near the Public House kept by Mr Towers of Launceston he appeared to have something very bulkey about his body I went up to him and said I want you come in here we went into Mr Tower’s House I told him I should search his person he appeared confused I found about two yards and a half of Black kerseymere in his Hat and under a duck frock which he then wore and wrapped round his body I found apiece of blue woollen cloth about five yards this is the blue cloth and the smaller piece in the

p16

black cloth or kerseymere the said Jackson had about this Person they have not been out of my presence since I said I believe this is some of the cloth that was stolen from Mr Lord you had better tell me where the rest is to be found Jackson replied it is no use asking me any questions I shall not tell you any thing I immediately took the Prisoner to the Police Office

H. Simpson JP (Signed)

Thos Jhonson (signed)

p17

Van Diemen’s Land

To Wit

The examination of    Mr HUGH MC LEAN  of  LAUNCESTON                in Van Diemen’s land          taken upon oath before me one of His Majesty’s Justices of the Peace for Van Diemen’s Land and its Dependencies  the SIXTEENTH   day  of  JANUARY  in the year of our Lord One thousand eight hundred and twenty SEVEN in the presence and hearing of THOMAS JACKSON  duly charged before me upon  the oath  of Simeon Lord and others with feloniously receiving and having in his possession five yards of blue woollen cloth the property of Mr Simeon Lord of Sydney knowing the same to have been stolen

which said deponent on  HIS    oath aforesaid and saith as follows (that is to say):- about eight of clock on the evening of the seventh of December last I discovered that Mr Lords Store  had been feloniously entered and Sundry articles of property stolen therefrom amongst which were four pieces of blue kerseymere, I never sold or delivered any of that kerseymere, I left the Store a little before seven o clock that evening and went to Mr Lords House to Tea, and as soon as I returned I found that the cross bar which fastened the Doors had been cut in two and one of the Doors partly open all the Doors and the window of the store were fastened and secure when I left the store about

p18

seven o clock in the evening of the seventh of December, the kerseymere now shown me is of the same colours quality and width as the kerseymere that was stolen from Mr Lords store the kerseymere that was stolen from Mr Lords store had been brought there only a few days before from Mr Smiths Shop

H.Simpson JP

High McLean (signed)

The examination of Mr William Smith of Launceston in Vane Diemen’s land Shopkeeper taken upon oath beforeme one of His Majesty’s Justices of the peace for Van Diemens’s Land and its Dependencies this sixteenth day of January in the Year of Our Lord one thousand Eight hundred and twenty seven in the presences and hearing of Thomas Jackson duly charged before me upon oath with feloniously receiving and having in his possession five yards of blue woollen cloth the property of Mr Simeon Lord of Sydney, knowing  the same to have been stolen which said Deponent on

p19

his saith aforesaid deposeth and saith as following that is to say in the month of September last I received some blue kerseymere from Mr Lord to sell for him on Commission, sometime in the early part of December I delivered Mr Lord all that  remained on hand. I never sold any in larger quantities than three yards except one piece of six or seven yards to Mr Clarlton I have not had any of that description of kersey mine in my Shop except which belonged to Mr Lord for the last twelve months.

H Simpson JP (signed)

William Smith (signed

p20

The examination of John Moulds of Launceston in Van  Diemen’s Land taken upon oath before me, one of His majesty’s Justices of the Peace for Van Diemen’s Land and its dependencies this eighteenth day of January in the year of our Lord one thousand eight hundred and twenty seven in the presence and hearing of Thomas Jackson duly charged before me upon oath with feloniously receiving and having in his possession five yards of blue woollen cloth the property of Mr Simeon Lord of Sydney knowing the same to have been stolen which said Deponent on his oath aforesaid deposeth and saith as follows (that is to say) about three months ago I received some narrow woollen blue kerseymere from Mr William Smith on account of Mr Charlton I cannot say how many yards but there were two jackets and a pair of trowsers made of it I saw the kerseymere before it was taken from Mr Smiths it was about three quarters of a yard wide I did not myself receive it from Mr Smith I told Anthony Jones to go and get as much cloth as would make two jackets and a pair of trowsers.

p21

the jacket I have now on is one of them I had from Jones by its appearance I think it is made of the same cloth I bought of Mr Smith I received it from Jones as one of the jackets I had requested him to make I have the trowsers at home. William Fitzgerald had the other jacket. I was present when he got it from Jones.

H Simpson JP (Signed)

John Moulds (signed) (large unused to writing hand)

The examination of Anthony Jones Tailor of Launceston in Vane Diemens Land taken upon oath before me one of His Majesty’s Justices of the Peace for Van Diemens Land and its Dependencies the eighteenth day of January in the year of our Lord one thousand eight hundred and twenty seven in the presence and hearing of Thomas Jackson duly charged before me upon oath with feloniously receiving and having in his possessions five yards of blue woollen cloth the property of Mr Simeon Lord of Sydney, knowing the same to have been stolen which said Deponent on his oath aforesaid deposeth and saith as follows that is to say: – between two and three months ago John Moulds and William Fitzgerald requested me to make them a suit of clothes each about ten days or a fortnight afterwards William Fitzgerald

p22

accompanied me to Mr Smiths where I got some Blue cloth it was narrow Yorkshire cloth I do not know how many yards our of that cloth I made a jacket for Fitzgerald and a jacket for John Moulds I delivered them separately to each party, the clothes were made of the Dance cloth that I received of Mr Smith when I cut the cloth up I found that I was deficient  of three quarters of a yard which quantity I afterwards obtained of Mr Smith of that cloth it would take three yards and a half to make a double breasted Jacket it would take a like quantity to make a pair of trowsers. There was a remnant remaining after the clothes were made up little better than a yard

H Simpson JP

AL Jones (Signed)

p23

Thomas Jackson

decided

G Sessions

20th Feb 1827

p24

Van Diemen’s Land

To Wit

The examination of   MR HENRY DAVIES   of   LAUNCESTON                in Van Diemen’s land          taken upon oath before me one of His Majesty’s Justices of the Peace for Van Diemen’s Land and its Dependencies  the TWENTY EIGHTH   day OF DECEMBER     in the year of our Lord One thousand eight hundred and twenty SIX

which said deponent on   BLANK oath aforesaid and saith as follows (that is to say):-

About six o clock last Tuesday evening Robert Rayner came to my bar and delivered me a bundle tied in a black silk handkerchief  which I threw down upon a sofa in the bar for the first time that evening I saw Robert Lee who was close behind Rayner Constable Crother came in immediately afterwards and asked me if any one had given me a bundle I said yes and gave him the Bundle I had received from Rayner he opened it in my presence it contained a piece of black cloth. Rayner wore a straw hat ad a light jacket when he delivered me the Bundle and went into the Tap Room with Lee immediately afterwards I followed them in about two minutes Rayner was gone. Crother remained in my Car about an hour when Rayner returned to the Tap Room I called to him and he came to the Bar Door I said to him you had better take your bundle away, he looked at Crother and said what Bundle I replied the Bundle

p25

left here he said I do not know any thing about any Bundle he was then dressed the same as when he left the Bundle, he immediately went out at the front door I called to Lee and asked him if he knew the name of the man who gave me the Bundle he replied no I know nothing of any Bundle Crother then took charge of the Bundle half an hour afterwards Rayner was brought back to my house by some constables he then wore a blue jacket and a black hat – when Rayner gave me the Bundle he said will you be good enough to keep this Bundle for me a few minutes (X) I did not ask Lee if he was the Person who had left the Bundle with me

HDavies (signed)

PA Mulgrave (signed)

p26

An Examination of John Crother of Launceston in Van Diemen’s Land taken upon oath before me one of His Majesty’s Justices of the Peace for Van Diemen’s Land and its Dependencies the twenty eighth day of December in the Year of our Lord one thousand eight hundred and twenty six in the presence and hearing of Robert Lee and Robert Rayner duly charged before me upon oath with feloniously receiving and having in their possession upwards of two yards of black woollen cloth for which they cannot satisfactorily account which said deponent on his oath aforesaid deposeth and saith as follows that is to say:

about six o clock on Tuesday evening I saw Robert Lee in Brisbane Street with something tied up in a black silk handkerchief I followed him he spoke to Ann Hardman at the door of her house and went from thence into Mr Davis’s Public House he went in at the Tap Room and I saw him speak to Robert Rayner there were two or three yards from the Door I stepped back and Lee came out at the door without any thing in his

p27

hand he came up to me and said will you have any things to drink I said no and Lee returned into the Tap Room I then went into Mr Davis’s House at the Door opposite the Bar and asked him if any one had left a bundle tthere he said I am very busy I believe there has I saw a Bundle exactly resembling that I had seen with Lee laying upon a Sofa in the Bar I said to Mr Davis is this the Bundle he said yes a man left it here just now you had better sit down a few minutes and I dare say the men will come for it. I sat down about a quarter of an hour went into the Tap Room came out again and when Mr Davis  said he could not see the man that left the Bundle. I asked him if he saw lee he said Yes but that is not the man who left the Bundle he was just behind him, a few minutes afterwards Mr Davis called to some Person  and said you had better take your Bundle away I d reply neither did I see the Person Mr Davis spoken to, he said the man show had left the Bundle was a tall think man with a light coloured jacket and a straw hat Henry Gibbons who was present said it was Rayner.

p28

John Rayner  in the custody of Constable Henderson soon after he then wore a dark coloured jacket and a black hat when I saw him speak to Lee at Mr Davis’s House he had on a light coloured jacket and straw hat I am certain is was Rayner I was about two yards from him.

John Crother

PA Mulgrave

The examination of Henry Givens of Launceston in Van Diemen’s Land Labourer taken upon oath before me of His Majesty Justice of the Peace for Van Diemen’s Land and its Dependencies the twenty eighth day of December in the year of our Lord one thousand eight hundred and twenty six in the presence and hearing of Robert Lee and Robert Rayner duly charged before me upon oath with feloniously receiving and having  in their possession upwards of two yards of black woollen cloth for which they cannot satisfactorily  account which said deponent on his oath aforesaid deposeth and saith as follows that is to say I was employed on the evening of last Tuesday waiting upon the customers of Mr Davis in his Tap Room I saw a tall thin man in a light coloured jacket and straw hat give something in a black silk handkerchief to

p29

Mr Davis I cannot swear it was Rayner I never said  it was Rayner.

PA Mulgrave  Hanry Givens

The examination of Alexander Henderson on Launceston in Van Diemens Land Constable upon oath before me of His Majesty’s Justice of the Peace for Van Diemens Land and its Dependencies the twenty eighth day of December in the year of our Lord one thousand eight hundred and twenty six in the presence and hearing of Robert  Lee and Robert Rayner duly charged before me upon oath with feloniously receiving and having in their possession upwards of two yards of black woollen cloth for which they cannot satisfactorily account which said deponent on his oath aforesaid deposeth and saith as follows I apprehended Robert Rayner in the Public House kelp by Mr Davis between eight and nine o clock in Tuesday night he wore a dark coloured jacket and a black hat.

PA Mulgrave (signed)

Aly Henderson (signed)

p30

Van Diemen’s Land

To Wit

The examination of     Mr Simeon Lord   of          Launceston         in Van Diemen’s land     dealer     taken upon oath before me one of His Majesty’s Justices of the Peace for Van Diemen’s Land and its Dependencies  the twelfth   day  of January  in the year of our Lord One thousand eight hundred and twenty seven in the presence and hearing of Robert Lee and Robert Rayner  duly charged before me upon oath  with feloniously receiving and having in their possession upwards of two yards of black woollen cloth for which they cannot satisfactorily account.

which said deponent on     oath aforesaid and saith as follows (that is to say):-

on the seventh day of December last my store in Launceston was feloniously broke upon and a quantity of woollen cloth and kerseymere the property of my father Mr Simeon Lord of Sydney stole thereform this piece of black kerseymere appears of the same quality and of the same manufacture as the kerseymere I lost this piece measures about two yards and a half I have sold several pieces of that length in Launceston.

H.Simpson JP (signed)

Simeon Lord jun (Signed)

p31

Rex vs Robert Rayner

Robert Lee

G felony

2 February 1827

p32 (Feb 1827 blue pencil)

Van Diemen’s Land

To Wit

Be in remembered that on the seventeenth Day of February in the eighth year of the Reign of Our Sovereign Lord George the Fourth of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith and so forth, James Belane Corporal in His Majesty’s 40 Regiment, Mr John Sinclair and Mr John Smith came before me Peter Archer Mulgrave Esquire one of His Majesty’s Justices of the Peace in and for Van Diemen’s Land, and acknowledged themselves to owe to our said Lord the King to wit  the said James Belane the sum of forty pounds, the said John Sinclair the sum of twenty pounds, and the said John Smith the sum of twenty pounds, of good and lawful money of Great Britain, to be respectively made and levied of their several Goods and Chattels, Lands and Tenements, to the use of our said Lord the King, his Heirs and Successors, if he the said James Belane shall fail in performing the condition under written taken and acknowledged before at Launceston, the day and year above written.

The condition of this Recognizance is such, that if the above names James Belane shall personally be and appear before the first sitting of the Supreme Court of Criminal Jurisdiction at Launceston to answer to the charge of having assaulted Mr Richard Heaney on the twelfth instant and in the mean time be of Good behaviour and keep the peace towards our Sovereign Lord the king, and all his  liege, People, more especially towards the said Richard Heaney then this Recognizance to be null and void, otherwise, to remain in full Force and Virtue.

p33

17 Feb 1827

James Belane

to appear before the Supreme Court

p34 (July 1827 in blue pencil)

Van Diemen’s Land

to wit

The information of Mr Richard Heaney Merchant of Launceston who being sworn and saith between seven and eight o clock on the evening of the twelfth instant I was sitting in my House in Launceston when I heard a Noise outside I went to the Door and saw James Bellane an acting Corporal in the Fortieth Regiment in the Street opposite my House there was no Person near him, I heard him cry out “you bloody Convict Buggers, you bloody Chain Convicts” he was walking towards Mr Hulls and when near Mr Drummond’s House, two men came out of Mr Drummonds, and Bellane struck them both and a scuffle ensued I am certain neither of the two men struck him first, the Sentinel who was on Duty and Mr Hull  came our of the yard and endeavoured to get Bellane away, he laid hold of the Sentinel’s musket and struck him several times, a number of Prisoners had collected together, and I said to the Sentinel you had better endeavour to get this man (Bellane) away, or these People will Murder him, I went to Bellane and said you had better go in with the Sentinel these People are Mustering and will murder you he immediately called

p35

me a Convict Bugger laid hold of me by my shirt and endeavoured to strike me, I endeavoured to prevent him  and he then struck out I returned the blows Mr Bailey assisted to pull him away from me three or four soldiers came from the Barracks and endeavoured to take Bellane away he struck several of them they closed with him and took him towards the Barracks I saw one man strike Bellane before the Soldiers came up I do not know that Bellane had struck him previously they were quarrelling, three or four minutes after then Soldiers had taken Bellane away I was standing in my yard by the paling in front of my House when I saw several Soldiers running towards Mr Drummonds on the opposite side of the street, Bellane was in front of them and shouted out  now run every Convict Bugger through that you meet the Soldiers had their Bayonets drawn in their hands I did not see them strike any body they run after several Persons, one of the Soldiers run after Constable Boyle who run in at my front Door Boyle had previously stood opposite to my House Bellane followed the Soldiers into the passage of my House and threw open my shop Door and went in towards the bed Room Door where my wife was in bed and who had been confined a few hours before I said to Bellane you

p36

are not going to make any noise here my family is in a state that will not admit of it he immediately struck me over the left eye and knocked me against a shelf we scuffled for some time when several soldiers rushed into the shop and one of them struck me with a bayonet upon the fore finger of the right hand and whilst Bellane and I was scuffling one of the soldiers wounded one me in the Palm of my left hand he stood behind some other soldiers and as he was striking at me with his bayonet I attempted to lay hold of it and it was then I was wounded every one of the soldiers  except the serjeant struck me with their Bayonets and they took Bellane away I forced my way into my bed Room armed myself with a Blunderbuss and should have shot some of the soldiers  if I had not been prevented by Doctor  Landale and the Serjeant who wrested it our of my hand my wife and Children as well as the Nurse were screaming at the time the bed Room Door was fastened inside when Bellane went first to it Constable Boyle was standing quietly in the Street when the soldiers ran towards him and one of them ran after him into my House I had not previously seen Boyle interfere with any of the Soldiers I saw all the Soldiers except the Serjeant run towards the Barracks the Serjeant did all he could

p37

to prevent me from being ill used I otherwise verily believe I should have been massacred this is the shirt and these are the trowsers which I wore last Night, they were clean and whole before Bellane first struck me last Night the Shirt was torn in the scuffle with Bellane I did not see any Constables present during the Part of the affray near Mr Drummonds Gate I delivered this shirt and trowsers to Constable Boyle this morning, Bellane was very drunk, there was much abuse between Bellane and his People he struck near Drummonds.

Signed Richard Heaney

Sworn before me at Launceston the thirteenth day of February 1827

signed TC Simpson

signed PA Mulgrave

p38

The information of Mr William Young Master of the Brig Industry who been sworn saith about eight of clock (or a little before) last Night the twelfth instant, I was in the House of Mr Richard Heaney in Launceston when I heard a considerable noise in the street near the house of Mr Heaney and I went our at the Door and I saw several Soldiers on the opposite side of the street one of them said damn every Convict in the Country run every convict you meet through the Body, Mr Field, Captain Heaney and I were standing at Mr Heaney’s Gate, Constable Boyle was near and said it is a shame that no body will go and report the conduct of these men at the Police Office, one of the Soldiers who had a drawn bayonet in his hand ran at Boyle, Boyle ran into Mr Heaney’s House the Soldier after him and several soldiers after them all the Soldiers had drawn bayonets in their hands Captain Heaney ran into the House after the second or third Soldiers there was a scuffle in the passage of the House, I did not see what took place there the Soldiers came our of the House in about five or seven minutes, they were followed to the Door by Captain

p39

Heaney who has a blunderbuss in his hand, one of the soldiers I do not know which attempted to take the blunderbuss from him and Mr Heaney gave it up to Doctor Landale, I did not hear any Person abuse the Soldiers during the affray.

Signed William Young

Sworn before me at Launceston the thirteenth day of February 1827

signed TC Simpson JP

signed PA Mulgrave JP

The information of Mr Edward Bailey who being sworn saith between seven and eight o clock last night the twelfth instant I saw James Bellane near Mr Drummonds Gate he was much intoxicated and was calling a man named  BLANK  a bloody convict  a double Ironed convict, there were twelve or fifteen persons near, some of them scuffled with Bellane and one of them knocked his cap off and I saw some Money fall from it Bellane stooped to Pick it up and two other men also this caused a scuffle and Bellane fought with three men alternately at one time two of them were upon him, and once

p40

I saw three upon him. Bellane went inside Mr Drummonds Paling and said I will fight any bloody Convict or any double ironed Convict in the Country, Captain Heaney was at this time standing in front of his own House I went to him and went into Mr Heaney’s House and in a few minutes after I heard a considerable Noise in the street I went to the Door Mr Heaney then said good God is it possible that a Man is to put up with all this and my Wife ill I will go and give that fellow in Charge there were a number of persons assembled on the opposite side of the street amongst which was Bellane he was exclaiming what are you but a bloody set of Convicts, Captain Heaney went up to him the Sentinel who had been on Duty at Mr Hull’s was standing close to Bellane and endeavouring to keep him quiet. Mr Heaney said to the Sentinel take this fellow to the Guard House or let him be taken to the Watch House or he will be killed by the People, Bellane immediately struck Mr Heaney and they fought I ran across the Road to them there were then two of the  Soldiers endeavouring to drag Bellane from Mr Keaney into

p41

Mr Hull’s yard Bellane had hold of Mr Heaney by the throat one of the two Soldiers who had muskets took his Bayonet off and struck at Mr Heaney with it. Mr Heaney had then hold of one of the Posts of Mr Hull’s Gate, and the Soldiers struck at Mr Heaney’s hand as he held himself fast by the Post and I immediately after saw Mr Heaney’s finger bleeding, I separated Bellane and Mr Heaney who went over to his own House soon afterwards our or five soldiers came up and endeavoured to take Bellane away he made considerable resistance but they at length took him towards the Barracks, about twenty minutes afterwards I was standing near Mr Fields House and heard some persons say the Soldiers have rushed Heaney’s House there was then a considerable noise in the street I ran towards Mr Heany’s and saw Mr Heaney with a carbine or blunderbuss in his hand near his own door in the front yard and a soldier endeavouring to take this Blunderbuss from him, there were several other soldiers present with Bayonets in their hands and a Serjeant who was endeavouring to quiet them, I took the Blunderbuss

p42

from Mr Heaney and the Soldier Doctor Landale came up at the time, I presented the blunderbuss at the soldier and told him I would fire upon the first man that attempted to use his Bayonet, and the Serjeant then succeeded in getting the Soldiers away.

Signed Edward Bailey

Sworn before me at Launceston the thirteenth day of February 1827

signed TC Simpson JP

Signed PA Mulgrave JP

Extract from the Police records at Launceston 17th February 1827 James Bellane a Corporal in the 40th Regiment charged with assaulting Mr Richard Heaney on the 12th instant to find sureties for his appearance before the Supreme Court of Criminal Jurisdiction.

p43

Van Diemens Land

To Wit

The information and complaint of   Thomas Archer Esq JP of  Norfolk Plains in Van Diemen’s Land taken upon oath before  me, one of His Majesty’s Justices of the Peace for Van Diemen’s Land and its Dependencies this twenty fourth Day of April in the Year of our Lord one thousand eight hundred and twenty seven which said informant, on his oath aforesaid, deposeth and saith as follows (that is to say):-

on Sunday the fifteenth day of April instant, James Roberts one of my assigned servants left my farm and remained away all that night and did not return till Monday 16th day of April at about 1 or two o clock in the afternoon – I have long had reason to suspect that my men have been harboured and supplied with spirits by John Hodgetts a worthless fellow at Norfolk Plains and this suspicion was confirmed by some information   which I received on the 16th instant from Mr Charles Reid who stated to me that James Roberts had been seen coming drunk from John Hodgett’s House that morning that Roberts had come down to his farm and that he Mr Reid had heard him Robert complaining to his /Mr Reid’s/ men that while he was drunk at Hodgetts House Hodgett’s sons had robbed him of his shoes and some other parts of his dress. Mr Reid further told me that his own men were frequently made drunk at Hodgetts House and that my men were they very frequently on Sundays and Sunday nights and that Mr William Whyte had seen them there drinking. I therefore pray that justice may be done

Tho: Archer

PA Mulgrave JP

margin:

orderley

booked

Roberts

C: Reid  (signed)

W Whyte (signed)

W. Myers (signed)

1st May

p44

Thos Archer Esq

v

John Hodgetts

Harbouring convicts

24th April 1827

dismissed 5th May 1827

p45 (July 1827 in pencil)

Van Diemens Land

To Wit

The information and complaint of   George Hull of  DepartConsseral???  of Launceston in Van Diemen’s Land taken upon oath before  me, one of His Majesty’s Justices of the Peace for Van Diemen’s Land and its Dependencies this twenty third Day of July in the Year of our Lord one thousand eight hundred and twenty seven which said informant, on his oath aforesaid, deposeth and saith as follows (that is to say):-

I verily believe from information obtained from a credible source that certain forged papers purporting to be Bills drawn by Deputy Commissary General Wenyss on the Lords re commissary of His Majesty’s Treasury are secreted in and upon the House or premises of Richard Naylor of Launceston aforesaid together with the plate from which the said Bills were obtained or printed

Geo: Hull sens

p46

Plea vs R Naylor

23rd July 1827

p48 (July 1827 in blue pencil)

The information of Joseph Parker who being  sworn saith, I am a Constable and was on Duty in the Gaol at George Town on Sunday the twenty fourth day of July instant; about four o’clock in the afternoon I heard a noise resembling a rap at the Gaol Gate, Charles Berry said there is a knock at the gate, I opened the Gate, there was no person there, whilst I was refastening the Gate Berry laid hold of me, I cried out, Berry put his hands before my mouth, Henry Bridge came up and struck me a violent blow on the right side of the Head, with the head of an axe, the Blow knocked me down; James Holmes came to my assistance, Bridge threatened to strike him with the axe, Bridge, Berry, John May and John Mason, all prisoners ran out of the Gaol Gate, they were sloe together when Bridge struck me, I pursued them until I saw some Soldiers go after them and then returned to the Gaol, the Irons of those four men had not been examined since the preceding evening they went to church that morning, I was the only Constable on Duty at the Gaol that day; no person remained in Charge when I left the Gaol, I was not long away, I left nine Prisoners in the Gaol, they were there when

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I returned.

Joseph X Parker

his mark

Sworn before me at George Town the twenty seventh day of July 1825 (1825)

(no signature)

The information of James Holmes, who being sworn saith, I am a constable and was confined in the Gaol at George Town last Sunday; about four o clock in the afternoon I was in the Gaoler’s House, and heard a noise in the yard and Joseph Parker came out; I ran into the yard, I saw Henry Bridge with an axe in his hand near the outer gate, and parker lying on the Ground and his head bleeding, Mason, May and Berry were close to the Bridge, I cryed out Soldiers! Soldiers! Murder! Murder! Bridge said, If you don’t hold your tongue I will cut your bloody head off, he lifted up the axe as if to strike me, I drew back and he, Mason,  Berry and May ran out the Gate; I ran to the Barracks and gave the alarm, then followed Mason and stopped him till the soldiers came ands took him; Mason had Brickbats in his hand, and I took up others; I then went with the soldiers in pursuit of the other three about half a mile into the Bush, I saw Constable Joseph Watts    lying upon May on the Ground,

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Bridge  kicked Watts several times, May got away from Watts, and ran with Bridge some distance before they were taken by the Soldiers.

James Holmes (signed)

Sworn before me at George Town this twenty Seventh day of July 1825

(unsigned)

The information of Joseph Watts a Constable who being sworn saith, I was at the Lumber Yard at George Town about four o clock last Sunday afternoon, Thomas Banks was with me, I heard the cry of Murder in the Gaol, and saw John May, Henry Bridge, John Mason, and Charles Berry run out at the Gate; Banks and I pursued Bridge, may and Berry about three quartes of a mile, I overtook May first, Bridge was a little way before him, May said something, Bridge replied, never mind I will cut his Bloody Head off before I will be taken, I threw May upon the ground and in the struggle fell upon him, Bridge kicked me several times ion the Head and side when I was down; May got away from me and ran off with Bridge, I got up land followed them I heard someone cry out, I saw Charles Mc Kergan a Private of the Fortieth Regiment coming up May and

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Bridge then stopped and  Kergan and other Soldiers went and took them, Berry was at that time about thirty yards on the left, in custody of Thomas Banks, I was unarmed

Joseph Watts (signed)

Sworn before me at George Town this twenty Seventh day of July 1825

(unsigned)

p52

The information of Charles McKergan a Private of the Fortieth Regiment of Foot, who being sworn saith, an alarm was given last Sunday afternoon that some prisoners had escaped from the Gaol at George Town; I pursued John Mason, James Holmes, was running after him about twenty yards before me, James Holmes was gaining upon him, I passed Holmes, and told Mason I would shoot him if he did not stop, he did not stop till I got within eleven yards of him, I did not see him or Holmes take up Brickbats, I did not see any in their hands, I sent Mason back to Gaol in Custody of Thomas Spyron ?? and went with  Holmes after Bridge, Berry and May, Joseph Watts and Thomas Banks were pursuing them several yards before me, I saw Watts thrown May down and fall upon him, Bridge and Berry kicked

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Watts several times; I threatened to shoot them if they did not stop, Bridge ran off, May got away from Watts and followed Bridge two hundred yards before I overtook him, I passed his some distance and took Bridge into custody, Berry ran off to the left and was taken by Thomas Banks, some other soldiers came up and we took Bridge May and Berry back to Gaol; I struck Bridge as he went into Gaol with my piece on the shoulders, the Blow broke my Bayonet I struck in the heat of passion, he made no resistance; we made them run back to the gaol as fast and they could, and I believe some of the soldiers pricked them with their bayonets as they ran; I struck Bridge several times with my piece on is was to the Gaol.

Charles  X  Mc Kergan

his mark

Sworn before me at George Town this twenty Seventh day of July 1825

(unsigned)

The information of Thomas Banks a convict and a carpenter in the Public Works at George Town. Being sworn saith about four o clock on last Sunday afternoon, I heard the cry Murder in the Gaol, I saw Charles Berry, Henry Bridge and John May ran out at the gate in one direction and John Mason in another; Joseph Watts and

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pursued the three first about three quarters of a mile, Watts knocked May down and fell  upon him, Bridge kicked Watts whilst he was upon May; Berry was twenty yards from them, I pursued and took him, I made him lay Down till the soldiers came up; May got away from Watts and ran after Bridge, a soldier pursued and took them; some other soldiers came up, and made the prisoners run back to gaol  as fast as they could, and pricked them with their bayonets as they ran, because they would not run so fact as the soldiers wished they should* May laid down twice and said he was not able to go on so fast, Bridge was pushed down over by Kergan, because he did not go on quick enough.

Thomas X Banks

his mark

Sworn before me at George Town this twenty Seventh day of July 1825

(unsigned)

Mark Wilson being sworn saith, I am Chief Constable of George Town, and I on Sunday last did the Duty of William Longhurst the gaoler who was at Launceston; all  the prisoners were at church on Sunday morning I examined all their Irons when they returned from Church they were all secure, when Henry Bridge, John May, John Mason and Charles Berry were   brought back to the Gaol in the afternoon I again examined them Bridge had not any irons on, I found his irons in the Gaol, the leads of the rivets had been violently broken or knocked off

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May had no irons, they were in the Gaol, the Barils had been bent; the chains of Berry’s irons had been cut, apparently with an axe or some heavy instrument, he had one on both barils on; Mason had his irons on but the chain had been broken with some heavy instrument they told me they struck off their irons with an axe, Constable parker was quite sober that afternoon, Bridge,  Berry and Mason were confined in Gaol under sentence of transportation and May charged with stealing a cash note.

Mark X Wilson

Mis mark

Sworn before me at George Town this twenty Seventh day of July 1825

(unsigned)

Thomas Bolt Private in the Fortieth regiment being sworn saith, I was at the Canteen on Sunday afternoon, I heard the cry of Murder in the Gaol, I ran to the Gaol Gate, there several Prisoners standing there, I particularly remarked Cornelius Mahonny, Joseph Brown, Johns Murply. IN enquired if there was any constable there, one of them said no, I ordered them to go into the yard they returned immediately; I fastened the Gate, and remained there a few minutes  till Mr  Mark Wilson same, I was not armed.

Thomas Bolt (signed)

Sworn before me at George Town this Twenty Seventh day of July 1825

(unsigned)

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The information of Jane Longhurst being sworn saith I am the wife of the Gaoler at George Town Joseph parker was the constable on duty there last Sunday afternoon about 4 o clock, I saw him opening the Gaol Gate, Henry Bridge went up to him and struck him a violent blow on the Head with the back part of the head of an axe, parker fell down, cried out and attempted to get up, Charles Berry put his hands before Parker’s mouth and pushed his down, Berry then unfastened the gate and Bridge struck at parker again with the axe but I believe missed him; Bridge, Berry, John Mason and John May then ran out at the Gaol Gate. Bridge took the axe with him which he Dropped some distance from the gate, I ran to the barracks and gave the alarm then picked up the axe which I saw Bridge dropped, it is the property of the crown, I saw the blow struck and the prisoners ran out the gate through the window.

Jane Longhurst (signed)

Sworn before me at George Town this Twenty Seventh day of July 1825

(unsigned)

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The information of William Kenworthy Esquire Inspector of Public Works who being sworn saith, this axe is the property of the Crown it is worth 5 shillings.

W Kenworthy (signed)

Sworn before me at George Town this Twenty Seventh day of July 1825

(unsigned)

The information of George Lonsdale Gooch a convict who being sworn saith, I am overseer of the Hospital at George Town, I saw Joseph parker at the Gaol last Sunday afternoon, there appeared to be a contused wound on his right jaw, and one small cut inside the right ear, I believe the wound was caused by some heavy blunt instrument.

George L Gooch (signed)

Henry Bridge had a Bayonet wound in the muscle of his right arm, John May had a Bayonet wound in his loins  one quarter of an inch deep and Charles Berry a similar wound low down on the right side. Their wounds were all so trifling I had only occasion to dress them once.

Sworn

p58

Sworn before me at George Town this Twenty Seventh day of July 1825

(unsigned)

p59

rex v

John May, Henry Bridge, John Mason, Charles Berry

committed July 27 1825

CODE (military?) AG e

8th August 1825

p60 (Bushranger Dec 1827 in pencil) Aboriginal children[i]

Cornwall Van Diemens Land

To Wit

The information of oath of John Cable who deposeth and saith between twelve and one o clock yesterday I was at the farm of Mr Jonathan Griffiths on the Tamar where I have lived as overseer for the last three months. Mrs Hooper the housekeeper and a little first were upon the premises, I was in the House with the child when Mrs Hooper ran in and said oh Cable, Cable here are the black fellows. I went to the Door aft and at the Threshold a tall man quite naked his face and whole person covered with blue mud met and presented a gun at me and said stand back and I immediately laid hold of the muzzle of the gun with my left hand and shoved it from me and nearly shoved him down with my right hand, he jumped up and I known him down, he got up again and struck me a blow in the face which knocked me down I still kelp hold of the Gun, he kicked me in the belly, I still held the Fun and he shoved me about with his feet and cried our to a man who was behind  us diguised in the same ways as himself who was shorter wore a pair [?] of fustian trousers and had a double barrelled piece in his hand shoot the Buggers.

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This he repeated a dozen of times whilst we were struggling and at last the shorter man fired at me as I laid upon the Ground and wounded me just above the left elbow when I was compelled to let the Gun go during the struggle we had got fifty feet from the House and when the tall man got the Gun from me he went into the House and the shorter one stood at the Door the tall one took a large hammer into the house with him and as I laid  bleeding upon the Ground I heard the sound of blows as if upon a board, I then heard the report of a Gun and the tall man ran out of the House to the short one and said am I shot is there any blood upon my shoulders, he said no, the tall one picked up a broad axe and went into the house again I got up was going away when the short man laid hold of me and shoved me into the mens [?] kitchen six or seven rods from the house Samuel Taylor, one of my servants was in the kitchen with his hands tied behind him, the short man remained sentinel at the Kitchen Door, he soon afterwards brought in John Berry, another of my master’s servants and made him kneel down with his face to the wall, soon afterwards John Coffee and John B/G/Crowther two other of Mr Griffith’s men came to the House in a Bullock Cart .

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The two armed me told them to do into the kitchen or they would blow their brains out – after Crowther and Coffee had been in the kitchen about half an house the armed men ordered Crowther to get the Bullock Cart – he went our and about five minutes afterwards I heard the tall man cry out drive on, drive on as fast as you can, they ordered out Taylor at the same time with Crowther, I heard the cart drive away and the tall man then said to us in the kitchen stop in here for half an hour or I will blow your brains out, Mrs Hooper and the little Girl were put into the kitchen a few minutes after me, when the armed men and the cart had been gone about half an hour, I went into the House and examined the door which separated the [2] outer room from [1] the bed room had been broken open, two or three bags of sugar, seventy pounds of Tobacco, forty pounds of tea, sixty pounds of bacon, two silver watches, some musket balls, four muskets, one cutlass, one Bayonet, all my master’s and Mrs Hooper’s clothing, two pairs of Blankets, A Rug, a patchwork quilt had been taken away, all belonging to my masters except Mrs Hooper’s clothing, also a blue superfine cloth jacket my property and some clothes belonging to John Berry, also which articles I am certain were in the House when

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the armed men came there. Samuel Taylor returned to the house about an hour and a half after he went away. There was also a tin can and about three gallons of wine taken away. I saw John Crowther at my master’s between five and six o clock this morning who said the men who had taken him away had tied him to a tree and poured win down his throat until he was intoxicated, I did not hear him say how he got his hands untied, both the armed men were white men I do not know them that I ever saw them before I should know them if I were to see them again by   their voices and features the taller was thin about five feet ten inches high dark hair and whiskers his visage not very long and projecting a middling sized mouth, his nose not very long and sharp a high projecting forehead his eyes not very large and darkish, I do not know their exact colour; they were rather sunk in this head, his cheek bones were rather high his voice was rather sharp, he did not look to me to be above one or two and twenty years old he had long but slender limbs his whiskers were bushy – the shorter man was about five feet four inches hight and slender, he had light hair and whiskers which were small his face was long and rather narrow a sharpish chin

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but not projecting, his nose was rather long and hooked his mouth rather small his eyes full and grey his eyebrows small his forehead not high but narrow  and straight, his cheek bone rather high his voice soft. The tall man frequently swore and made use of the phrase by the holy ghost, I thought he spoke like an Irishman the short one like a Londoner

signed

John

X His mark

Cable

Sworn before me at Launceston the fifteenth say of December 1827

Signed PA Mulgrave

The further information of John Cable  who saith the men who robbed my master’s house on Friday had their heads and bodies plastered over with dark blue clay, there is blue clay in a water hole near where John Coffee was fencing very like what they were disguised by and there is plenty of clay near the banks of the Tamar of the same description.

Signed

John

X His Mark

Cable

Sworn before me at Launceston the twentieth day of December 1827

Signed PA Mulgrave

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The further information  on oath of John Cable who saith I am quite certain that Charles Williams now present is one of the men who robbed the house of Mr Jonathan Griffiths on the 14th day of Last Decembers. he is the person who shot me in the arm he was close to me whilst I was struggling with the other man for upwards of ten minuted I had a full view of his countenance during the whole of that time and once afterwards when he stood sentinel at the kitchen. I heard him speak whiles he was so standing. I know it was Charles Williams by his voice as well as his countenance I do not know that I ever saw Charles Williams before the robbery or since until now.

signed

John   his  Cable

X

mark

Sworn before me at Launceston the sixth day of February 1828 and read to him before he put his mark to it in the presence and hearing of Charles Williams as well as his former information

signed

PA Mulgrave

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The information on oath of Mrs Jane Hooper free who deposeth and saith I have resided at the House of Mr Jonathan Griffiths on the west bank of the Tamar about three months, on Friday morning last this fourteenth of December Mr Griffiths left home to go for Launceston between 11 and twelve o clock that forenoon I heard the dogs bark I went our of the House but could see no strange person near. I returned into the house again the dogs continued to bark and I went to the door of the house two or three times at length I saw two men close to the house and coming up to the Door, one of them was quite naked except a grass band which was round his head hid body and face were smeared all over with black mud and crossed in several places with something white, he had either a stick or spear in his hand the other man that was with him had his face and part of his body blackened in like manner down to the waist band of a pair of fustian trowsers which he wore, he had no shoes on stocking s or nor any hat or cap he had some grass round his head he had a musket in his hands, they were tall men the man  that was completely? naked was the tallest, John Cable an old man who had lived with Mr Griffiths a great many years and a half cast girl about seven years of age were the only persons

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in the house with me when the strange men came up to the door. I cried out to Cable here are the natives what shall I do. Cable  rushed towards the door and seized hold of the musket that was in the hands of one of the disguised men which was painted towards the door. Cable and the man struggled together I then went into an inner room and shut the door, there is a loft over that room. I told the Girl to get up into the loft she did so and I handed her up two muskets and a fowling piece, they were all loaded. I got up into the Loft after securing the room door, after I had been in the loft about ten minutes I heard the report of a gun close to the house just before the gun went off I heard the voices of two persons say shoot the white bugger, the voices of the two persons were like the voices of two men I have frequently heard before, one of them I had seen several times in Launceston but I do not known either of their names, soon after I had heard the gun go off I heard some person shaking the door of the inner room and some one said bring the axe and the door was then broken open I fired one of the muskets out of the loft over the Door that was broken open and the shot

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passed through the outer room and through the outer Door of the House I then took up the other musket intending to fire upon the first man who might force his way into the inner Room I remained in that position about a quarter of an hour when Samuel Taylor a free man in Mr Griffith’s employ called to me and told me to come out and not be afraid. I asked him if any person was hurt if Cable was hurt and who was there he again said pray come out of the room do not be afraid no one will hurt you, bring no fire arms with you, I put down the musket went to the Door of the Room and the disguised man who wore the trowsers was standing at the Door with an axe lifted up in one hand and a hammer in the other hand he said something to me which I did not hear distinctly – followed by come out, I then perceived a third man disguised like the other two but shorter and who wore a pair of blue trowsers he had a double barrelled Gun in his hand the man struck at me with the axe, I saw the blow coming stooped down under his arm and scaped it. The shorter man then said do no murder her now leave it until we are going, that man then ordered me to go to the mens hut and went with me, I saw Taylor

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with his hands tied behind him, he was ordered to walk into the hut just before me and to kneel down with his back to the Door, Cable was also in the Hut with his hands tied, soon after John Berry, another of Mr Griffith’s servants was put into the Hut ordered to kneel down and had his hands tied, John Coffee, a prisoner holding a ticket of leave was then brought in and made to sit down in one corner, the short man remained sentinel at the Door and threatened to shoot me but said after I had begged him not to do so he would not hurt me if I would be quiet, I heard a noise like the breaking of Boxes and ran to the Door, the sentinel said go back do not come so close to me, I then saw Mr Griffiths cart drawn by four bullocks and driven by John Brow then come up to the Hut the sentinel again ordered me into the Hut and John Brother went in with me I did not hear any one order him to go in he was laughing and tying his whip to its stick, I heard the sentinel say something to him which I did not understand, I asked Crowthers if he did not see the men before he came

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to the houses, the sentinel told me to be quiet, or he would blow my brains out, the sentinel then ordered Crowther to come our of the Hut I thought they were going to shoot him and I begged him not to do so, he said he would not shoot him or any one else if they would be quiet, the sentinel then order Crowther to taken the cart to the Door of the House, about ten minutes afterwards the disguised man with the fustian trowers came to the hut pointed his musket at me and said “By the holy ghost” you have nearly taken my life and said the   sentinel “Keep them in the Hut” stop here half an hour. I heard the cart driving away and begged the sentinel not to destroy my clothes he said he would return everything that was of no use to them both Mr Griffith’s and mine by the bullock drivers, they ordered Samuel Taylor to go with the cart, the sentinel left the door of the Hut soon after the cart was driven away I went out of the Hut about ten minutes after he was gone and went to the house the boxes and drawers in the house had been broken open, four guns, four or six musket cartridges, two bags of sugar, a whole chest

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of tea part of another chest a hundred weight of bacon (two dozen and a half of white cotton shirts, four white Marseilles waistcoats, one yellow waistecoat, four striped waistcoats, two pair of dark coloured cloth trowsers, two pair of striped cotton trowsers, six pair of white trowsers, three coats, two of them blue the other black, one blue cloth jacket, once striped cotton jacket, and two white cotton jackets, a good many of the shirts were worked in the bosom . I made them myself and could swear to them, one pair of leather boots a pair of shoes two pair of blankets two Rugs, six or seven pair of cotton sheets, four bolster cases, one dozen of wooden handle skinning knives, six silver table spoons, six silver tea spoons, all marked JH and a tin can containing three gallons of wine, one silver watch with a gold chain, and a gilt silver French watch, a repeater also with a gold chain, a piece of striped cotton from ten to twelve yards long, all the property of my Jonathan Griffiths had been taken away as well as a red staff plaid gowns, eight or nine white muslin Gowns, four or five white muslin spencers a black silk spencer a red silk spencer a pink silk crepe  Handkerchiefs with a red border, a white red lens handkerchief; about a dozen cotton shifts,

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seven or eight white muslin petticoats, one plaid silk crape skirt, one black silk skirt, one plaid stuff skirt, one pair of leather shoes, four or five muslin caps, four coloured silk handkerchiefs) all my property were gone. I could swear to the whole of shoes articles, I made them myself, there was also a dark olive green cloth pelize and a patch work counter pane likewise my property  taken away: – Samuel Taylor returned about an hour and a half after he went with the cart with his hands tied behind him, I do not recollect what he said – about five or six o clock the next morning John Growther returned, he said “they had tied him down in the Bush and made his tipsy and driven the cart and Bullocks away themselves” he had with him a Rug in which were tied up five of my white gowns, one black silk shirt, two white petticoats, three shifts, two white skirts belonging to me which had been stolen the day before, together with six silver table spoons, and three silver tea spoons belonging to Mr Griffiths, I asked Crowther if that was all he had brought back he said yes, that he had begged hard for them and was glad to get them” I asked

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him if he had anything else belonging to Mr Griffiths he said no, I have not, this happened soon after he returned, there were two constables there they asked Crowther if he had brought any thing else back he said no, I told Crowther that I was certain that he must have had more things to bring back for they would not have picked the things he head brought back from the rest, I did not see him searched by the constables, – Coffee and Crowther came into the Hut nearly together.

The naked man was about five feet nine inches high, slender made, black hair, black whiskers and I think hair under the shin but I am not positive, along and narrow countenance, a high projecting forehead, large full eyes, I do not know their colour, a hooked nose high in the bridge a wide mouth thin pips a very narrow chine rather long high cheek bones, I did not hear him speak he had a heavy look, the man with the fustian trousers who had the scuffle with Cable was a little shorter but not much than the first, he was thin but a stout boned man, he had black hair, he had a long broad countenance a high projecting forehead, grey eyes neither very large or small, a nose short turned up and rather sharp

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at the end a wide mouth in anything rather out than in, a sharp chin, and rather projecting, he was thin in the lower part of the face, but broad in the upper part; his voice was rather rough , he spoke sharply with an irish accent, he appeared about five and twenty years old, he had short whiskers, the shortest man of the three was about five feet two inches hight, brown hair slender made round countenance the forehead not very high, and narrower than the rest his of face middling sized dark blue eyes, a short sharp nose rather turned up a sharp short chin  rather retreating, middling sized mouth lips rather thick, he spoke like a Londoner, with a soft voice, he was well spoken, cheek bones rather high, he seemed quite young, he had no whiskers. I only saw the man who was quite naked for a moment at the Door I did not see him afterwards – Crowther did not appear the least intoxicated when he returned home on Saturday morning, the two armed men appeared to treat Crowther more gently than the other men who were put into the hut; they made all the rest sit or kneel down and threatened

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to blow their brains out, they did not make him do so or threaten him.

Signed

Her

Jane

Hooper

X

Mark

Sworn before me at Launceston the nineteenth day of December 1827 and read to the deponent in the presence and hearing of John Crowther

Signed PA Mulgrave

Information on oath of Mrs Jane Hooper who deposeth and saith in December last I resided at the farm of Mr Jonathan Griffiths on the Tamar about five miles from Launceston on a Friday about 7 weeks ago his house upon that farm was robbed by two men and I was examined the following Wednesday before the police magistrate respecting that robbery and I am quite certain that Charles Williams was one of those men, he was the shorter man of the two and stood sentinel  over me and others (Mr Griffiths men) at the door of the men’s Hut with a double barrelled gun, I know him by his voice, his countenance and his person, I am positive that he is the same person, I have not the least doubt about it. I do not know that I ever saw him before that time or since

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until now, on the day of the robbery I was close to him for above an house and he spoke frequently during the time

Signed Jane  Hooper

Sworn before me at Launceston the second day of February 1828 and read to the defendent in the presence and hearing of Charles Williams

Signed

PA Mulgrave

The further information on oath of Mrs Jane Hooper who saith, I do not know that I ever saw Charles Williams before the day that Mr Griffiths house was robbed, I was going out at the Door of the police office on last Saturday, when I met him Williams and immediately knew him, I followed him into the office and told the police magistrate that was one of the men who robbed Mr Griffith’s house

Signed Jane Hooper

Sworn before me at Launceston the second day of February 1828 and read to the defendent in the presence and hearing of Charles Williams as well as her two former informations/

Signed

PA Mulgrave

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The information on oath of John Coffee a prisoner holding a ticket of leave, who deposeth and saith, I am in the service of Mr Jonathan Griffiths of the Tamar, last Friday the fourteenth of December instant I was employed fencing about three quarters of a mile from his House along with John Barry, John Crowther brought a load of split  stuff there about 8 o clock in the morning from a place about three quarters of a mile in the bush, he brought two other loads that forenoon when he brought the third load John Barry went home to get dinner ready and I stopped with Crowther until the Cart was unloaded and then went with Crowther w towards Mr Griffith’s house, when we had got within ten or twelve rods of it, I saw a man standing by the kitchen door. he had two pieces in his hand; and another man with a piece and a bayonet upon it near the houses, both the men’s bodies were naked down to the waist and blackened as well as their faces one of them had a coat on, I heard Mrs Hooper crying out and said to Crowther these are the Blacks, the man with the musket and bayonet rushed towards us presented his

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musket and Bayonet at us and said if you do not come here immediately I will blow your brains out, he made me march into the kitchen and Crowther with me, they did not then tie  my hands or Crowthers, John Cable, Mrs Hooper, Samuel Taylor, John Barry and a little fire were in the kitchen, none of those persons except Taylor had their hands tied. Crowther took his bullock whip into the Hut with him  – I did not see any  forks, spades or hoes in the Hut – One of the disguised men was much taller than the other, the shorter one stood sentinel at the gut door and when we had been in about ten minutes. the tall man some which is the bullock driver?  some one said Crowther, the tall man said Crowther, the tall man said  come out, Crowther went out, after they  had been gone about ten minute sone of the strange men ordered John Barry to tie John Cable’s hands, and ordered Samuel Taylors and after he  had been gone some time one of the strange men told us is we put our heads outside the door he would blow our brains out.

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I heard the cart drive away and about fifteen minutes afterwards I untied my own hands, I believe John Barry untied his hands himself , Taylor had not tied our hands fast, – when it was Crowther brought split stuff out of the bush to where I was at work he passed within sight of the nearest water hole to Mr Griffith’s House and I dare say there is a blue clay there, but I do not know, I have taken water out of it several times.

Signed John Coffee (signed)

Sworn before me at Launceston the twentieth Day of December 1827 and read to the depondent in the presence and hearing of John Crowther

Signed

PA Mulgrave

The further information on oath of John Coffee who saith I saw Charles Williams at the House of Mr Laughton Whyte two or three times about six months ago, I recollect when Mr Griffith House was robbed in last December by two men the taller of these men freed me into the Kitchen and as I was going into the Kitchen the shorter one turned

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away from me and I did not see his face whilst he stopped there I do not know that that man was Charles Williams

Signed John Coffee

Sworn before me at Launceston the sixth day of February 1828 and read to him before he signed it in the presence and hearing of Charles William as well as his former information

signed PA Mulgrave

The information on oath of John Barry free by servitude who deposeth and saith I have been employed on the farm of Mr Jonathan Griffiths during the last three months, John Coffee holding a ticket of leave has been working with me splitting and fencing, Last Friday the fourteenth of December John Crowther was employed carting split stuff from the Bush to the place where Coffee and I were fencing, I saw him twice between breakfast and dinner, about one o clock on that day I left my work to go to the hut where I lived to get my dinner, I then saw Crowther coming with a load of Split Timbers coffee went to meet him to shew him where to shoot his load and I went on towards our

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Hut which is about sixty yards from Mr Griffith’s House, when I had got near the Hut I saw two men one of them came from Mr Griffith’s House, and the other from the front of the Hut, they came up to me each had a piece one of them was naked the other partly so, their faces and bodies were blackened, I believe with blue clay, they ordered me into the hut and told me to turn my face to the wall and to kneel down or else they would shoot me, after I had been in the Hut ten minutes or a quarter of an hour Coffee and Crowther came into the Hut, Coffee came in first, and Crowther came in directly after, one of the disguised men stood sentinel at the Door, I do not know if he said anything   to Crowther or not; after Crowther had been about ten minutes in the Hut the sentinel told Crowther to go out, just before he was ordered out I heard Sam the Blacksmith (Samuel Taylor) say I am not the Bullock Driver this is the Bullock Driver – I am not certain whether one of the men I saw at Mr Griffiths House was quite naked or not I am not certain whether one of those men had a double barrelled gun or both had muskets, when those men brought Crowther to the Hut they did not make him kneel down nor did I hear them threaten him, I know that Crowther

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went to Launceston some time ago to complain against Mr Griffiths

Signed John Barry

Sworn  before me at Launceston the nineteenth day of December 1827 and read to the deponent in the presence and hearing of John Crowther

Signed PA Mulgrave

The further information on oath of John Barry who saith I have known Charesl Williams four or five years, I do not know that he was one of the men who robbed Mr Griffith’s House on the fourteenth of  last December I was afraid to look at those men lest they should shoot me, I saw Charles Williams at the House or Mr Laughton Whyte which is on the next farm to Mr Griffiths about three weeks before the robbery of Mr Griffiths House when he said he was going after the natives.

signed John Barry

Sworn  before me at Launceston the sixth day of February 1828 and read to him before he signed it in the presence and hearing of Charles Williams as well as his former information

Signed PA Mulgrave

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The information on oath of Samuel Taylor a free man in the service of Mr Jonathan Griffiths of the Tamar who deposeth and saith on Friday the fourteenth instant I was in my masters kitchen between twelve and one o clock when two men came there they were naked down to the waist bank of their trowsers, blackened over with mud, one of them wore a pair of duck trowsers and I believe the other wore a p air of dark coloured trowsers but I am not certain they were both otherwise naked except a bank of straw round their heads the man with the duck trowsers was a short man and had a double barrelled Gun in his hand the other was a very tall think man he carried a fowling piece the tall man stood at the kitchen door whilst the short one came into the kitchen and tied my hands behind me with a piece of rope, and forced me before them to Mr Griffith’s House which is about thirty yards from the kitchen, John Cable came out he and the tall man scuffled they both fell two or three times at length the tall man cried out “fine, fine” shoot the white Bugger the

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short man fired and wounded Cable in the right arm, Cable continued laying upon the ground the two disguised men then entered the House took up an axe and broke open the Door of an inner room, a Gun was then fired from inside, and the tall Man who had broken open the Door ran out and said to his companions do you see any blood upon me? they then made me go into the House and when there I said to Mrs Hooper who was somewhere in the inner Room don’t fire mistress, some out, and they will not hurt you, the disguised men told me to say so, but did not threaten me if  I refused to call Mrs Hooper out, I was much frightened at the time and I thought that was the best way to act my mistress /Mrs Hooper/ came to the Door the tall man was standing close to the door and was making a blow at her with the axe when the short man jumped between them and caught hold of his arms and stopped the blow, and said “I will not take lives” they then took Mrs Hooper, Cable and I to the kitchen and the little black girl, and the short man stood sentinel over us they made me stand with my head to the wall and made Cable sit down on a Box in the corner

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some time after that John Barry was brought into the kitchen and his hands tied and in about half an hour John Coffee and John Crowther were brought into the Kitchen nearly at the sae time they made Barry kneel down and made Coffee sit down, Crowther came in with a ship in his hand, they did not tell him to lay that down, nor did I hear them order him to sit or kneel down, the handle  of the whip was about as big as my middle finger, I did not see Crowther laugh when he came into the kitchen, I did not hear the Sentinel speak to him, about ten minutes after Crowther was put in the kitchen, the long man said bring that man here with the velveteen jacket on, and Crowther went out, and came in again, they then asked for the Bullock Driver and Crowther went our, ten minutes afterwards the short man untied my arms and said you must come along with us I went our and saw the cart standing near the House Door, and Crowther was standing along side the Bullock, I saw there were two muskets, two bags of sugar, a chest of tea, and two large bundles, one tied up in a Rug, the other in something white, thee might have been more Bundles in the cart

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but I did not see them, the short man went with me to the art and the tall man stood near the kitchen, the short man said to Crowther “drive on, and to me go along side that man” pointing to Crowther when we got about fifty yeards from the Houses the tall man came up to us and said drive on, both the men kept behind Crowther aand I they ordered Crowther to drive straight along across the Bush towards the hills, when we had got about three wuarters of a mile from the House the long man said which is the best Bullock Driver I said he is pointing too Crowther, they then said to me sit down we must tie your hands and the tall man tied my hands behind me with a piece of tanned leather, and made me sit down on a tree with my face turned towards the way we had come, he then gave me a drink of wine out of a Can and said stop here, he then ordered Crowther to drive on, the cart went towards the Hills, they did not tell me how long I was to stay there, when the cart was out of sight I got up and went home, they did not threaten to shoot me or Crowther as we went, we saw no one on the road, I did not hear them converse together.

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the tall man was about five feet eleven inches high, very slender very long limbs, I do not recollect the colour of his hair, he had a long countenance rather oval high forehead, narrower that the other part of his face, not very large eyes rather sunk in his head, I do not know their colour, I do not recollect his mouth, he had a sharp chin that projected a little out, he spoke like an Irishman, he was quite a young man, the short man might be five feet four inches high not very stout, light hair, countenance rather full, I do not remember the shape of his fore head, or the colour of his eyes, he had a longish nose rather sharp, a full mouth and rather a narrow chin, he had a softish voice and spoke like a Londoner, he appeared about one or two and twenty years old. John Crowther came home the next day soon after day light he said that took him into the Bush and tied him to a tree and gave him some wine and made him drunk and that he had to beg hard for the things  he had brought back for Mrs Hooper, he said, that when they had tied him to the tree and gave him some wine they drove the cart away I did not hear him say how he got loose from the tree he

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was sober when he came back. O think I heard the voice of the tall man once before about four years ago at William Griffiths at Norfolk Plains and I believe his name is Bevan.

Samuel X Taylor

his mark

Sworn  before me at Launceston the twentieth day of December 1827 and read to the deponent in the presence and hearing of John Crowther

Signed PA Mulgrave

The further information on oath of Samuel Taylor who saith I am certain that Charles Williams was one of the men who robbed the House of Mr Jonathan Griffiths on the 14th of last December he was the man who tied my hands, I saw him and different times for upwards of an hour during that day and I heard him speak several times I knew that man was Charles Williams by his size shape  and voice  as well as his countenance.

signed Samuel X Taylor

his mark

Sworn  before me at Launceston the sixth day of January  1828 and read to him before he put his mark to it in the   presence and hearing of Charles Williams as well as his former information.

Signed PA Mulgrave

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The information on oath of Charles Ashton a Constable belonging to the Band of Field Police who deposeth and saith I was on the farm of Mr Jonathan Griffiths on the left Bank of the Tamar all last Friday night, John Crowther came there about five o clock on Saturday morning he  had a Bundle tied up in a rug which he said the men who had robbed the house had sent back, Mrs Hooper asked him if those were all the things he had brought back, he said yes,. and I was obliged to beg very hard to get them, Crowther appeared to be stupid and begged to have a cup of tea, after that I went with him about a mile and a half behind Mr Griffiths and he said he was trying to find the place where he had slept all night, he said the men who had taken him away from mr Griffiths had tied him to some thing from which he could not get away and had poured wine down his throat, he searched for the place whence he had slept  all night about two hours, but could not find it, James Burton and young Mr William Griffiths were with us, Crowther and I were first and going up a Hill when he pointed out the track of a cart we followed it until we got about two miles from Mr Griffith’s House, and there found Mr Griffiths cart fixed between some standing trees and the pole broken there were some marks upon the ground as if the Bullocks.

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had stood there some time, struggled and broken away, Crowther went away with young Mr Griffiths and Burton and I searched about the Bush until about ten o clock when we returned to Mr Griffiths House, Mr Griffiths ordered us to take Crowther into custody as Crowther and I were leaving, Mr Griffiths House in the morning, and when about a quarter of a mile form it. I said to Crowther have you got any thing else belonging to Mr Griffiths, or do you know where there is anything else belonging to Mr Griffiths, he said no nothing, except this watch chain two seals and a key attached to it, along with the turret /pendant/ which he took out of his pocket in a in a small hairy pouch, and delivered it to me they have not been out of my possession since and they are in the same state in which I received them from him. Crowther told me that the men who took him away when they tied him took the cart away and returned with it about three hours afterwards put the things in it which they said were for Mrs Hooper and left it there that the place were he slept which he could not find was about a  hundred yards from the cart, that the men came to him there

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and told him they had brought the cart back and left the things in it, and that when he awoke in the morning he saw the cart standing with the things in it he had taken back to Mrs Hooper and this chain seal  key and turnett, in the body of the cart. I examined the ground about where we  found the cart and I am certain it had been taken farther  than where we found it, or we should have discovered the tracks, Crowther did not tell me to what he was tied of how he got loose.

signed John x Ashton

his mark

Sworn  before me at Launceston the twentieth day of December 1827 and read to the deponent in the presence and hearing of John Crowther

Signed PA Mulgrave

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The information on oath of James Burton a constable who deposeth and saith Ii was at the House of Mr Jonathan Griffiths on Friday morning last a little before five o clock, John Crowther then came there with some articles in a rug,  which he said the men who had taken him away had send back for Mrs Hooper, she examined them and asked him is there were all he had brought he said they were and that he had to beg very hard for them. I did not see Crowther deliver any thing to john Ashton I went out with Ashton Crowther and William Griffiths we searched for the place where he said he had slept the night before we found the tracks of a Cart we followed it and found Mr Grifffiths cart, soon after Crowther came to Mr Griffith’s that morning he told me that the mend who had taken him away had tied him to a tree and opened his mouth with a stick and poured wine down his throatm which set him asleep that when he awoke in the morning he was close to the cart.

Crowther got some tea

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I then told him he had better shew me the place where he had slept he begged me to let him sleep for half an hour, when we went in search of the place where he said he had slept he took us in the different direction from the place where we found the cart and when we found it Ashton asked him to point out the place where he said he had slept Crowther looked round and said I do not see it Crowther appeared stupid and said his head ached when he came to Mr Griffiths

Signed Jas Burton

Sworn  before me at Launceston the twentieth day of December 1827 and read to the deponent in the presence and hearing of John Crowther

Signed PA Mulgrave

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The information on oath of mr Joanthan Griffiths who deposeth and saith I have a farm on the left bank of the Tamar I left it last Thursday morning and did not return until Friday afternoon when I went away I left this gold watch chain these two seals , watch key, two rings and this pendant attached to a gilt silver watch, in on of my Draws. They are all my property the chain and the two rings were worth forty shillings at least.

I know the place where John Coffee was fencing, on my farm last Friday, and I know the place from whence John Crowther had to fetch split stuff to John Coffee, the road between these two places led within sixty yards of the nearest waterhole to my house in which there is very dark blue clay the bottom and sides of that hole are all of dark blue clay, no person would get water out of that hole without seeing that the sides were of dark blue clay, that hole was distinctly visible from the road I have before mentioned.

signed J Griffiths

Sworn  before me at Launceston the twentieth day of December 1827 and read to the deponent in the presence and hearing of John Crowther

Signed PA Mulgrave

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The examination on oath of John Crowther a convict, who saith I was late in the service of Mr Jonathan Griffiths of the Tamar one day about a fortnight before last Christmas I think about the 14th or 15th of December I was returning  from my work to M Griffiths Premises in company with John Coffee, we were going to dinner I had a cart and bullocks with me when we got near the House I saw two armed men near it, one of them a tall man came up to us and told us to stand, he had a musket or fowling piece in one hand and a pistol in the other, he made us go into Mr Griffith’s kitchen where we found Mrs Hooper, Samuel Taylor, John Barry, a little Girl, and John Cable who had been wounded in the arm, there was an armed man standing sentinel at the Door his body and face were besmeared with mud, as were also the body and face of the other armed man; after I had been in the kitchen five or ten minutes one of the disguised men said which is the bullock driver some one said I was, and one of the armed men called Taylor and I out of the

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kitchen and made me drive the cart up to the House where there were four or five large bundles tied up in blankets and rugs laying outside the House and a Bag of sugar which the tall disguised man ordered me to help him lift into the cart the other disguised man remained sentinel at the kitchen Door the tall man put the Bundles into the cart as soon as the cart was loaded he ordered me to drive into the Bush, Taylor went with us after the had got six or seven hundred yards from the House the disguised man who has stood sentinel at the kitchen door overtook us they made me drive on about two miles into the Bush they sent Taylor back before we got so far, they tied my hands behind me with a piece of string (small rope) and tied my legs also with a piece of similar rope and made me sit down on the ground, they forced me to drink some wine and the tall mad said stop there until we come back with the cart, there until we come back with the cart, they then went away with the cart. I do not know in what direction, it was then about five o clock in the afternoon, just as it got dark, the tall man came and untied my Hands and roused me, I had been asleep and was drunk with the wine I had drank, he freed me to drink some,

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more wine I saw my cart and Bullocks near me, II got up and tried to walk but was too drunk. I feel down again and went to sleep, I awoke about an hour before day light, the moon was shining, I sat down upon a  tree until day light, when I searched for my cart and Bullocks, I found the cart jammed amongst some trees the pole was broken off and the Bullocks gone there was a Bundle in the cart tied up in a Rug and a silk handkerchief and a watch chain and some    seals I do not know ho many, I do not know if they were gold or not, I took the bundle and the handkerchief home and gave them to Mrs Hoopers the chain and seals I put into the Trowsers pocket and gave them to Constable Ashton during the forenoon, I was so stupid with the wine I had drank that I forgot to give them to Mrs Hooper with the Bundle, The tall man wore a coat but I believe was otherwise naked, the short man had a pair of ragged trowsers on, but no other article of clothing, the tall man appeared about thirty years old, and the shorter man looked to be younger, when I was in the kitchen I looked at the short man when he said if you look this way

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I will shoot you, I think that was the only time he spoke to me, he and his companion spoke together as I was driving the cart into the Bush, but I was kept at too great a distance from them to distinguish their voices I did not see sufficiently, the countenance of the short man to know him again I did not see the front of his face at all, I should not know either of the men again, I think I might know the taller man again, I have known Charles Williams about two years and nine month he lived near to Mr Griffith’s farm, I have many times made tea for him there, when he has  been looking after cattle, I had not seem him for upwards of a month before the date on which Mr Griffith’s House was robbed, I did not see him on that day, I do not think he was one of the men who robbed the House the shorter man was stouter than Charles Williams I never sat Charles Williams undressed

John X Crowther

his mark

Sworn before me at Launceston the ninth day of February 1828 and read for the Deponent in the presence and hearing of Charles Williams

signed PA Mulgrave

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The information on oath of Robert Wainwright Owen Esquire of Launceston Surgeon who deposeth and saith I know John Cable he applied to me about the fifteenth of December last having received a wound in the left arm immediately above the elbow upon examination it appeared to me to be a gunshot wound caused by two or more Buckshot, the wound was superficial I did not consider it dangerous I attended him about three weeks at the end of which time it was nearly healed there was not short lodged in the arm

signed Rt Wt Owen

Asst surgeon

Sworn before me at Launceston this thirty first day of May 1827

signed PA Mulgrave

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copies of informations on Charles Williams

sent originals to A.G.

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The further information on oath of Mr Jonathan Griffiths who deposeth and saith I left me House on the banks of the Tamar on the fourteenth of last December L left a quantity of sugar in my house the whole of which was my property also a whole chest of Tea and half a chest of tea also my property. I returned the same night and found that three bags of sugar worth two pounds per Bag and the chest and half chest of Tea worth seven pounds ten shillings had been taken away as well as a large quantity of wearing apparel also my property all the Tea that was in my House on the fourteenth of December was my property

signed J Griffiths

Sworn before me at Launceston the third day of June one thousand eight hundred and twenty eight

signed PA Mulgrave

margin note illegible (same time) perhaps ‘not found’

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The further information on oath of Mr Jame Hooper who deposeth and saith the value of the different articles that were stolen form the House of Mr Jonathan Griffiths on the fourteenth day of Last December was as follows viz the red stuff plaid gown one pound, the eight white muslin gowns were trimmed with lace and worth three pounds each, the four white muslin spencers thirty shillings each, the red silk spencer two pounds, the pink silk crape handkerchief ten shillings, and the four coloured silk handkerchiefs ten shillings each

signed Jane Hooper

Sworn before me at Launceston the third day of June 1828

margin note illegible (same time) perhaps ‘not found’

p103 (January 28 in pencil)

Cornwall

Van Diemen’s Land

To Wit

The information on oath of Edward Curr Esquire who deposeth and saith about nine o clock on the morning of the twenty eighth of October one thousand eight hundred and twenty seven I was travelling on Horseback  between the Lovely Banks and the Cross Marsh about a mile and a half on this side the House then occupied by Mr Whitfield when a man came out of the Bush between fifteen and seventeen yards from me and called out to me in a manner which induced me to stop I did not hear what he said he was dressed in a Grey jacket and wore a kangaroo skin cap I do not recollect the colour of this trowsers he had a musket in his hand   and the impression upon my mind from his dress and appearance was that he belonged to the Field Police until the presented his musket at me and said you must deliver your money or words to that effect he said have you any fire arms I said not he then desire me to get off the Horse I did so he again asked me if I had fire arms I shewed him I had nth he said you must give me your money I said well there is not help for it I took a few silver shillings out of my pocket six or seven and out of my memorandum book

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a one pound note of Messieurs Gellibrands Bank (I made a memorandum the number of that note in half an hour a forwards) I put the note upon the ground and the silver upon it I said this is all I have he replied oh nonsense you must have more I said I assure you I have not he then said I see you have a watch I must have that I replied you had much better  not take that for be assured it will lead to your detection he said never mind I repeated almost the same words and asked him if he was determined to take it he said yes put in with the rest. I said well if you must had it and put it on the ground it was a silver hunting watch by by Roskill of Liverpool number 29090 worth upwards of ten pounds it was my Property he then same towards my horses Head keeping his musket presented at and with a yard of me and desired me to turn my back I said you are not going to murder me are you he said turn your back Sir I said now do not murder me it will be an useless piece of cruelty if you cut me to pieces you will get no more I have no more he paused a moment and said there Sir I must

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have this horse I replied well I cannot help it he then said you must go a distance off sir I went away about twenty or five and twenty yards down the Road towards the Cross Marsh I stopped turned round and said that parcel strapped before the saddle contains papers that are considerable value to me and can be of no use to you I will be glad if you will put them on the ground he examined the parcel and put in on the ground he mounted the Horse and rode away towards Jericho  at a trot about the time that I put the money on the ground he said if you do what I say I will not fire about the same time I asked him if he knew me he said no I do not I do not know if his Gun was cocked. I did not know that he had either a cartouche box or bayonet – it was a Brass mounted musket and I think the Barrel was not Bright My horse was a Dark Brown horse I verily believe that John Maltwood was the man who then and there robbed me in the manner I have described but I cannot swear it is him I saw him standing in the street of Launceston this morning I looked hard at him and he at me with

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the greatest earnestness possible. He appeared confused remarkably so he was soon after by my request brought to the Police Office. I there heard him speak and from the tone of his voice accent height form and appearance particularly his eyes I believe and do believe he is the man who robbed me from the circumstances of his being a Police Man and his statement at the Police Office I supposed I was mistaken I left the Police Office about the same time that Maltwood did in company with Captain RL Hare. Maltwood joined us and walked by the side of us along the street and endeavoured to explain to me that he was not the man who robbed me I do not recollect the whole of what he said But I know he said I suppose you are Mr Curr who was robbed he said he knew my name by hearing me enquired for at Mr Hull’s by Captain Hare and seeing me come out of Mr Hull’s house immediately afterwards I asked him if he knew any person in the country most particularly like himself he said no. I am a different sort of man from that. I supposed he meant a different sort of man from a Robber, he then stated to me that the day after

PA Mulgrave

Edward Curr (Signed)

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I was robbed he brought the information of my Robbery from Mr Simpsons at Ross Bridge to this side of the Country there had been nothing said to him by me or at the Police Office previous to this conversation that would have led him to suppose that I suspected he was the man who had robbed me I remember that Maltwood said that Stebbings was with him at Ross when I was robbed, I did not observe any remarkable scar upon the face of the robber or that he had lost any of his teeth John Maltwood has an old and very remarkable scar on his cheek and appears to have lost some of his teeth I do not recollect if the man who robbed me had a check or white shirt or if he wore any neck handkerchief it is from the general form of John Maltwoods countenance particularly from his eyes the tone and accent of his voice and his size and height I am induced to suppose that he is the man who robbed me I was a good deal flurried at the time

Edward Curr (signed)

Sworn before me at Laucneston 31st day Jany 1828

PA Mulgrave

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The examination of John Maltwood who saith I recollect bringing some cattle belonging to Captain Malcolm Laing Smith from Mr Bryans at Jericho to Norfolk Plains the latter end of last year James Stebbings went with me from Norfolk Plains we left a letter with Mr Simpson the Policed magistrate at Ross as we went that night we slept there the next night we slept at Mr Harrissons the following night at Lemon Springs and we got to Mr Bryan’s at Jericho the next morning between ten and eleven o clock and drove five head of cattle back that night to Lemon Springs the next day we drove to Mr Simpsons at Ross and stopped there that night the evening that we arrived at Mr Simpsons on our way to Jericho news came that Mr Curr had been robbed Stebbings and I had gone from the Punt on the South Esk to Ross that day we left Norfolk Plains the day before two Bullocks had just been drown when we arrived at the Punt and we stopped there to assist in getting them out.

John Maltwood (signed)

Taken before me at Launceston this thirty first day of January 1828

PA Mulgrave

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The examination of James Stebbings a convict belonging to the Band of Filed Police who saith, I left Norfolk Plains in the month of October with John Maltwood with orders from Captain Smith the Police Magistrate to proceed to Mr Bryants at Jericho that night we stopped at the punt on the South Esk until the next morning, they next day we got to the House of Mr Simpson at Ross and after we were in bed information arrived that Mr Curr had been robbed and I was sent with that information of Campbell Town

James X Stebbings

his mark

Taken before me at Launceston the second day of February 1828

PA Mulgrave

p110 (Bushrangers July 1828 in pencil)

Van Diemens Land

To Wit

The information and complaint of Mr Robert Corney of the Lake River County of Cornwall in Van Diemen’s Land taken upon oath before me one of His Majesty’s Justices of the Peace for Van Diemen’s Land and its Dependencies this twelfth day of July in the year of our lord one thousand eight hundred and twenty eight which said information on his oath aforesaid deposeth and saith as follows (that is to say) about eleven or twelve o clock in the night of Tuesday last the eighth day of July instant I was disturbed by the barking of Dogs but merely supposed it to be occasioned by some cattle having gone into the yard – I desired my son Robert to call one or the men to drive the cattle away and at the same time I went to the window afore of the back room and under the curtain to look  out when immediately a musket or fowling piece was thrust through the glass with the muzzle close to my body , some one at the same time threatening

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that if I did not instantly open the Door he would fire I retired into an adjoining room to consider what I had better do, in the meantime the person or persons outside had gone to the back Door of the House and were attempting to burst it open not having any fire arms in the House but two pistols and judging by the noise of voices outside that these were a number of men outside I thought it better on account of my family to admit them at once rather than to exasperate them by an ineffectual resistance, I therefore desired my son to open the door upon which three men all armed and one of them had a double barrelled Gun entered the House with their Guns presented towards me and immediately demanded my Money and plate saying that if they were given up to them they should not take any thing more. They then commenced searching for those articles and opened every Box in every room in the House, they stole from me one gold watch ( a French one value fifteen pounds), two silver watches value seventeen pounds one silver Basin

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and two silver cups value ten pounds six silver table spoons and twelve silver tea spoons value ten pounds a silver candle stick value two pounds two pistols value one pound and a quantity of Rings broaches and other articles of which I have not the particulars which they feloniously carried away. They also feloniously stole and carried away plate trinkets and other articles belonging to my sister to the value of fifty pounds – I only knew one of the three robbers his name is Joseph Moulds he was lent? home from the Public Works the Harvest before last to reap my Corn – these men remained in my House until three o clock in the morning, of Wednesday last the ninth day of July instant and then compelled one of my men named James Searles to put them across the   eastern side of the Macquarie River in my canoe – as soon as they were gone I ascertained that before these men came to my House they had secured and tied all the men upon my farm, who live in Huts at some distance

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from the house and had with their three muskets which the Robbers feloniously stole and carried away . It unluckily happened that the fire arms which I usually keep in the House had been sent to town to  be repaired. I am informed that an assigned servant of Mr Robert Taylor his shepherd acted as guide to the banditti when they came to my House but whether he came voluntarily of was compelled I do so by the Robbers I cannot tell, I do not know his name.

Signed Robt Corney

sworn before this 12th day of July  1828

signed Thos Archer

Read in the presence of William Ashton William Baker John Gibson and Joseph Moulds the seventeenth day of July 1828 as confirmed by Mr Corney sigd  PA Mulgrave

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The information on oath of Mr Robert Corney of the Lake River settler who deposeth and saith  the information which I gave before Mr Thomas Archer on the twelfth instant and which I have now read is correct. The following articles were stolen from my house on the night of the eighth or morning of the ninth instant by the men already mentioned viz this silver watch the maker was a Jew in Wapping this gold seal with a cornelian stone engraved R Cy, this gold watch with a broken case  I last saw the silver watch in my bed room  about  a month ago, these two silver egg sups and these five silver table spoons marked R C, Joseph  Moulds took the five silver table spoons off a pair of drawers in my Sitting Room, the spoons are my property and were worth five pounds, Moulds also took these silver egg cups off the mantle piece they are my property and are worth two pounds I think Moulds put the spoons and egg cups into his pockets William Baker was in the room when Moulds took the silver

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spoons and egg cups and a manthe size of William Ashton stood at the Door, they were all three armed Mould had a Gun in his hand and two pistols in a Belt and a sword. Baker had also a Gun they remained in my House about three hours.

Robt Corney

Sworn before me at Launceston the seventeenth day of July 1828 and read to the Deponent in the presence and hearing of William Ashton, William Baker, John Gibson and Joseph Moulds

sigd PA Mulgrave

p116

The information on oath of John Crowther as assigned servant to Mr Robert Corney of the lake River settler who deposeth and saith on the night of Tuesday the eighth of July I was in bed in a Hut about two hundred yards from my Master’s dwelling House when som emen entered the Hut I jumped out of Bed caught hold of a frying pan and said who are you are you soldiers or Bushrangers or what are you two or three voices said stand or we will blow your brains out, I laid down the frying pan and one of the men made a blaze at the fire and lighted a lamp, I then saw John Gibson, Joseph Moulds and William Baker, they were each one armed with e Gun and Moulds had a large pistol Moulds put down his Gun and tied my Hands he tied me, he called out to two men who were in the service of Mr Reid whose names I do not know and James Searles a Ticket of Leave man who were all in the Hut and tied their hands likewise baker and Gibson stood over us with Guns Baker said there is two Guns in here is there not I said yes one f them is mind, they searched about the Hut

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and took away one musket belonging to me and a musket belonging to Mr Corney, they took away likewise two knapsacks one of which belonged to Daniel Hollowwood Mr Corney’s assigned servant the other one to Mr Reid’s men, they made us fast two together back to back William Ashton was also there he stood at the Door with a Fun in his hand he pushed into the Hut three men two of which belonged to Mr Corney the other to Mr Fletcher one of them had his hands tied  behind him the other two I believe were bound in the Hut by Moulds, Gibson then stood sentinel at the hut Door and the other three Bushrangers went towards my master’s House William Ashton came twice to Gibson and asked if all was right and one of those times he had a Bundle which I thought was tied up in a handkerchief, he took to   the Paddock Gate about two hundred yards from the Hut and gave it to some other man who I did not know and of whom I had only a slight view, Baker, Moulds and Ashton  then

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returned to the Hut after being absent about three hours and a half Moulds said who understand the Board best we want to go across the water I said Searles they took him with them and Moulds said so soon as he Searles came back he could untie our hands, I have known Joseph Moulds upwards of twelve months he had nothing over his face that night I have know Ashton for six months and seen him frequently the greater part of his face was uncovered that night I have seen john Gibson nine or ten different times during he last twelve  months and have known him intimately his face was uncovered that night – I have seen William Baker twice or three times during that period his face was uncovered that night and I am certain I am not mistaken in the persons of either of those men. This is the musket that Baker took from my bedside, it is my property and is worth five and twenty shillings I know it by this piece

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of iron by which the stock has been mended

signed

John Crowther

Sworn before me at Laucneston the seventeenth day of July 1828 and read to the deponent in the presence and hearing of William Ashton, William Baker, John Gibson and Joseph Moulds

signd PA Mulgrave

p120

The information of James Searles who being first duly sworn saith I am one of Mr Robert Corney’s servants and hold a Ticket of Leave. I resided with my master upon his Farm at the junction of the Macquarie and Lake rivers – about half past ten o clock last night Tuesday the eighth of July extant three armed men rushed into the hut where I was sitting reading and one remained at the Door who was also armed they brought in with them three of Mr Corney’s men with their arms tied behind them, they then tied me and five other of Mr Corney’s men all of whom were in bed except myself and then two of the Gang remained in the Hut with us standing over us with pistols and cutlasses and the others went away in the direction of the House about three or half past three o clock this morning the two men who had gone to the House returned to the hut with some Bundles which they stowed away in their knapsacks, they then loosed my arms and desired me to put them across the River Macquarie in my master’s canoe. I put them across and they  went off in a direction for the Hummocky Hills

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I then went up to the House and then saw Mr Corney who told me that there had been three men there all armed and that they had taken away all the watches, plate and money they could find and desired me to go immediately to Mr Joseph Archer’s with a note, which I did and from thence came to Woolmers I knew one of these mend he was formerly a servant of Mr Abraham Walker’s his name is Joseph Moulds, the others I never saw before but Crowther who is gone to the Police Magistrate at Norfolk Plains knows two of them. These Robbers did not cross in Mr Corney’s canoe to get to the House, I do not know where they crossed butt think the Macquarie River is fordable at Simpson’s farm when these men rushed into the Hut they took three muskets which were there and after they had loosed me and packed up their knapsacks one of the men was desired by the rest to take the Guns, he took two or three Guns up and went away towards Mr Fletcher’s House and one of the Gang who was at the Hut called after him “tell them to go round” the man was away

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about ten mionutes and returned with only one Gun bringing with    five kangaroo dogs.

James Searles

Before me this 9th day of July 1828

Tho Archer

The further information on oath of James Searles who deposeth and saith. The foregoing information has been read to me it is true I am certain that William Baker was one of the men  who came into the hut armed with Joseph Moulds on the night stated in my former information it was on a Tuesday night, I did not see the face of the third man he was about the height of John Gibson he wore a blue jacket I do no know what trowsers

signed James Searles

Sworn before me at Launceston the 24th day of July 1828 and read to the deponent in the presence and hearing of William Ashton William Baker John Gibson and Joseph Moulds

signed PA Mulgrave

p123

information

William Ashton

William Baker

John Gibson

Joseph Moulds

robbing Mr Corney’s  House

8th July 1828

Information of

Robert Corney

John Crowther

James Searles

p124 (July 1825 bushrangers in pencil)

copies

William Ashton

William Baker

John Gibson

Joseph Moulds

information of

Eliza Dunnon

John Dunnon

Thomas Evans 2

John Ashley

David Gray 3

William Frazer

Tristian Fenning

Thomas Baker

Fitzherbert Coddington

John Hargrave

Robert Percival

Joseph Gray

Charles Smith 2 + 3

Thomas Gatter/Catter

Henry Hinksman

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The information on oath of Mrs EIiza Dunnon wife of John Dunnon of the South Esk River Bricklayer who deposeth and saith on the night of Friday the  eleventh of July I was in bed with my husband in out house Thomas Evans a Labourer was in bed in the adjoining Room I was awoke by the dogs barking my Husband called out to Evans and said Tommy look out at the window and see who is there Evans said who is that  someone outside the House said will you give us a light of the pipe Evans said if there is any fire I will give you a light a person outside said open the Door first I then head the Door open and soon heard the voices of several persons in the House some one said are you the Master of the House Evans said no and called out to my Husband Jack you are wanted my Husband said cannot you give the people a light without my getting up Evans said give us the lamp out there was a Lampo in our bed room but not light my Husband got up and gave Evans the Lamp and followed Evans

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into the outer room, I then saw a light in that room and heard some one say this man is Jack Dunnon my Husband said cranky is that you some one said yes it is, Dunnon said I am sorry to see you here the person replied it is a matter of form me being here, one of the strangers said is there any one else here Dunnon said only my wife and my two children they then said have you   got any thing  to eat Dunnon said yes but a little meat and a little flour and tea and sugar they then said we have plenty of tea and sugar and said to Evans make us a fire and let us have something to eat for we are very rvous?? Dunnon said I suppose you are very hungry they said yes we could eat a bit of you a  good fire was then made and Evans cut up some meat and I heard it frying on the fire, I could hear some whispering amongst them at times for about twenty minutes when one of them said Dunnon have you got any grog in the House Dunnon said I have not I have

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not had a drop in the House for a good while, one of the men said we will soon have some, Gibson cut open that knapsack and I soon heard a noise like the placing of bottles upon the table and one of them say come Dunnon drunk Dunnon said I will taste with you one of them said some you runk and Evans said I thank you all the same I never did drink  they said Dunnon will your wife have a drop, Dunnon said I do not think she will have any they replied take a drop and make it hot for her Dunnon soon after brought me some spirits I refused to drink it he took it back and said my wife will not drink, they said will you have a little more, Dunnon said you want to make me drunk, I then heard a noise like the placing of a cup on the table and a little while after I said Dunnon is there any fire one of the strangers said yes here is a good fire I said I shall get up for I am almost frozen I got up and saw four strange men in the room William Ashton William

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Baker John Gibson and Joseph Moulds two of them setting some distance from the fire and the other two were walking about the Room the latter two had each a Gun in their Hands (Moulds and Baker) as soon as I saw them I said good morning, and one of them who was sitting down added I suppose you do not know me now Mrs Dunnon, I said indeed I do he said it is a good while since you saw me now, I said it is about twelve months, I knew him as soon as I saw him his name is John Gibson, he lived with Frank Field when I lived at Mrs Smiths the oldest man (Ashton) said to me sit down he got up and I sat in his place, they then handed the grog about, they had three or four bottles with rum, they had three knapsacks and two Bundles tied in Handkerchiefs or shawls, I saw them take some things out of one knapsack  and put into another I thought it was to make their loads even, the things I saw were wearing apparel like shirts and jackets and trowsers. I did not  see the two Bundles opened

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I saw them have several watches they frequently pulled out of their jackets to see what time it was; Before I got up I heard one of the men say to my husband will you buy a watch my husband said I have not got any money I have only ten shillings in the House the man replied you shall have it for that as you are an old friend of mine and I have know you so long in Hobart Town and Launceston – after they had placed the things in the knapsacks they had some more grog to drink several times, they often asked me to drink but I refused, they almost forced my husband to drink but I begged of him not to get drunk, they talked a great deal about the Gaol about being hanged and the misories they had suffered in government employ they said they did not care how soon they were hanged, Dunnon said Walker’s Blacksmith is in Gaol for the Majors Robbery the woman has sworn to him I said we hear the woman has sworn positively to him one of the men said if she has sworn to him she has taken a false oath is he committed I said I do

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not know they said let us be taken when we will we will clear him, he knows no more about it than the child that is to bear if the Majors people and the woman do not mind what they say we will give them another rousing, the oldest man said there is Johnny Fawkner he has not behaved as he should do I will venture my life into Launceston for him they took it in turns to walk about the Room like Sentinels, the oldest man William Ashton asked me if I wanted to buy any shawls or silks or any thing of the kind I said I have got no money, Dunnon made me a signal to go into the bed room I followed him there, he told me not to buy anything or take any thing from then, we returned into the outer room again and in a short time Ashton brought it up again about the shawls and the things they have got I again said I do not want any he said come you might as well have one we do not want money we want Dunnon to get us some flour if he can, he again said Mrs Dunnon you may as well have one of these shawls I tell you we

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do not want money, we want flour I said I do not want any I brought plenty such things with me into this country Ashton replied did you  come free then I said I did he said you may as well have one I shall not charge you much for it and went towards the two bundles. I said you need not open them I will not have it, I have got plenty, I did not see either of the bundles opened by the time it was day break and Dunnon said it is almost day break, Ashton said I suppose you want to get shot of us but we are not going yet, soon after one of them said to Ashton come we must go it will not do for us to be here in the day Ashton again said we are not going yet; another of them placed the knapsack nearer the door and said we must go Ashton said I am not afraid of being seen on the hight road and soon after called Dunnon on one side I could not hear their conversation Dunnon then said I will speak to my wife and called me to him and said to me in a low voice they want me to get them  some flour Ii said if you can get a chance go and take a Bag with you as soon as you get to

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the old Captains ( Barclays( tell him they are here. I then said to Ashton come you here he came to me I said to him what is this you want? you want Dunnon to get you some flour, he cannot get any before nine or ten o clock it will not do for you to be here at that time of the day, he said we are not afraid to be seen upon the high road by any Body by day, I said let you go when you will you know we must report it, he looked angry at me and said, what business have you to report it, I said it will not do for us to get our necks into the Halter for any one, he again said you have no business to report it, I was afraid to say any more to him, Dunnon gave me a nudge and said to Ashton I will get you some flour he said if you can get it by nine or ten o clock that will do, we do not intend to leave the House before that time, Ashton said to Dunnon go and get it and be sharp back Dunnon got a Bag and left the House they then tied Evan’s Hands behind him one of them opened the window shutter and looked out towards Captain Barclays, Gibson sat down upon Evan’s bed with his gun and

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Ashton sat down by the fire and began to talk to me, he said before I go I will make you a present of some things,  another of the men said Dunnon is a long time I think he is going to deceive usm I said he will be coming directly, Coen? the shoemaker’s man then came to the Door opened it and entered the House and asked me to lend him an iron pot. I told him to take it he was going away with it when one of the four men said stop you are not going yet you are our prisoner as long as we stop here, they then tied his hands behind him the Dogs about the Hose soon after barked and ran from the House Moulds looked out at the door and said they are on us stepped out at the Door and fired off his piece the man upon the bed got up and rushed out accompanied by a third man, I heard the report of half a dozen guns one after the other, Ashton ran to the Door with his double barrelled Gun returned into the House and ran about the roo frequently, looking,, through the cracks of the boards, he said, I see I am taken and said to me I insist on your going into

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your bed room and stopping on your bed; I did so he then put the three knapsacks and two Bundles under Evan’s bed and pulled a kangaroo rug which was upon the bed down to hide the things the then came into my bed room and walked up and down the room, about twenty minutes after one of Captain Barclay’s men called York came close to the House and said Eliza are you in I said “yes, York” Ashton turned round and said to me you hold your tongue, or I will blow your brains out. York (Hargrave) said is there any one in, I said come in and see, he said if non of you will go in I will go in, and see the woman, I heard the Door open Ashton got under my bed immediately with his double barrelled piece and pulled the bed clothes down to the floor. Hargraves then same to  my bed room and said is any one here I pointed under the bed and he lifted the bed clothes and said there he is and pointed under the bed and Frazer’s man immediately pointed a Gun under the bed and Hargraves pulled Ashton out from under the bed, Mr David Gray and some other persons

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then came into the House I am not quite certain who took the knapsacks away I saw Evans give one of them to Thomas Cutter, I think Mr Fenning took away the two Bundles and I saw some thing green something white and something red in one of them as if laid upon the tables. Before those four men same to my House there was no  knapsack in or about our House nor any fire arms – The Bushrangers brought two dogs with them one a white one and the other red and white.

sigd  Eliza X Dunnon

her mark

Sworn before me at Launceston the 16th day of July 1828 and read to the Deponent in the presence and hearing of William Ashton William Baker John Gibson and Joseph Moulds

sigd PA Mulgrave

p136

The information on oath of John Dunnan free by servitude who deposeth and saith I live on the south Esk River on a famr belonging to Captain Barclay on the night of Thursday the tenth of July I was in bed with my wife and no other person in the Hut besides Thomas Evans about twelve o clock I was awoke by the Dogs barking and heard some men talking outside I awoke my wife and Evans. Evans opened a window near his Bead and some one outside asked him for a light, Ecans said I will give you a light got up and opened the Door when four men came in, I was in an inner Room and did not see them some in but heard the voices of four men one of them said to Evans are you the Master of the House he replied no, one said where is he, Evans came to the Bed Room Door and said Jack you are wanted, I replied what do you want with me, cannot you give the man a piece of fire without my getting up, one of the men replied no we want you, I got up and went to the outer room and saw four strange men

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with each a musket in their hands and a knapsack on their back. I returned into my bedroom dressed myself and returned to them, the four men pulled off their knapsacks and one of then (William Ashton) said to me have you got any thing to ear, in the place we are damnation raw another of them John Gibson said get the pan underweigh cut up some meat and let us have something to eat, I cut up part of a forequarter of mutton and a man who I had seen before and knew by the name of cranky (Joseph Moulds) friend the meat, I made them some tea they ate the meat all the bread this was in the house   and obliged Evans to sift some Meal and make some more bread, when he had done so they again ate and drank and Ashton produced three or four bottles of Rum, some of which was drunk amongst us; they forced me to drjnk and said they would throw it over me if I did not especially  one of  them /William Baker/   they said they wanted to cross the river and asked me if I could shew them a  shallow places he did not say where they had

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come from they enquired if any soldiers or Constables had been seen about there I said to Ashton Mrs Youl was robbed on Sunday night was you there one of them I do not know which turned around and said ‘yes’. Ashton made no answer, I said to Ashton=, there is a Blacksmith in Gaol charged with robbing Major McLeod, Ashton replied than mad is an innocent as a child, just come from its mother’s womb, Ashton said have you heard of Mr Fawkners fay/lay I said no, he replied we gave him some property worth two hundred  pounds for which we were to receive fifty  but the Soldiers and Constables were planted  at the place where we were to get the money and we got wind of it  he then said to me we have got some capital watches here for sale, I said have you, what do you ask a piece for them, he opened a knapsack and then pulled out seven or eight watches, I looked at this one, he said chesworth,, five and twenty shillings is it not, I said it may be worth that but I have  only ten shillings in the House, he said well you

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and I have been old acquaintances and you shall have  it, I have him a half crown a six pence and seven shillings in silver and took the watch. I thought as he wanted money he would take it if I did not receive the watch, he said I will tell you whom it came from I said who, he said it came from Mrs Youl I said you were to blame to go to a poor widow  woman who has so many children he replied never mind any port in a storm, I have marked the watch and delivered it to Mr Mulgrave the Police Magistrate, It was now day light Ashton called me on one side and said they were going into the interior part of the Country and asked me if I could get them some flour I said perhaps I can but I have very little in the House I must go to the Captain for it, he said if we let you go up I hope you will not deceive them, I said I would not  they let me go, my wife, Thomas Evans and two young children were the only persons  I left in the house with the Bushrangers I

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went to captain Barclay’s House told him what had passed, and he immediately sent a man to Mr Gray’s, Mr David Gray Mr James Gray Mr William Gray and Mr James Aitken came soon afterwards to Captain Barclay’s House and proceeded to my Hut I soon after heard some firing and ran to my Hut and saw Robert Percival push open my Hut Door with the but end of his piece and a man called York went iinto the hut followed by Mr David Gray and I immediately saw Ashton in custody whom I took with Mr Gray to Captain Barclay’s. The Bushrangers brought two Bundles with them tied up in handkerchiefs and a yellow and a white kangaroo dog, I had not knapsacks in the house when the Bushrangers came there, they did no say what they would give me for my flour, they said they would give me something worth it. I am certain I had not seen  either of those four men for nine months before last Thursday, I did not know either Ashton, Baker or Gibson when they first came to my house on Thursday night – I knew Moulds, neither of them was ever at my House before question??? by Moulds did

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you not go out and get half a gallon of. I did not they would not let either of us leave the hut before day light, I saw a large red silk shawl in my House but I djd not receive it. I do not know what became of it, I did not say I got the rum from a man about a quarter of a mile from my house.

John Dunnon

sworn before me at Launceston the twelfth day of July 1828 and read to the deponent in the presence and hearing of William Ashton William Baker and Joseph Moulds

PA Mulgrave

The further information on oath of John Dunnon who saith on the night of the 10th of July there were no arms of any description in my House until William Asshton William Baker John Gibson and Joseph Moulds came there not any knapsacks or Bundles this Gun was brought by one of them I brough tit to Launceston on Friday the 11th instant and delivered it to the Police Magistrate on the 12th instant

John Dunnon

Sworn before me at Launceston the 30th day of July 1827

PA Mulgrave

£200 for self

£ 200 for wife

PAM 20 July

p142

The information on oath of Thomas Evans free by servitude who deposeth and saith I reside at the Hut of John Dunnon on the South Esk River some time about the middle of the night one Thursday last the twenty of July I was in bed in the Hut Dunnon and his wife were in bed in another Room when Dunnon called to me and told me to look out at the window and see who was there I looked out at a window close to my bed and I saw two men near it one of them said open the Door I did so and four men came into eh Hut they had each a Gun in their hands one of which was a double barrelled Gun three of them had each a knapsack upon their backs I made a light with the fire and lighted a lamp one of them asked me is I was the master of the House I said no another rof them was going into Dunnon’s bed room, I said there is a woman there they called out to the person in the Bed Room “Get up, come out” John Dunnon got up and came to the outer room when one of

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the men called Ashton said is that you Dunnon, Dunnon said I do not know you and then said to another of the men is that you crankey they made me make a fire and boil them some tea they ate and drank and consumed all the bread there was in the House they made me make some dough  and one of them baked some more Bread and boiled some more tea Ashton opened a bundle they had brought with them and took some Bottles of rum from one of the knapsacks I think two they all drank some Rum but Mrs Dunnon and I, Ashton produced a watch a small one they said it was gold it had a gold or gilt chain to it, Ashton said he thought it was worth seventy guines, they made me go out of the hut and chop some wood one of the men named Baker stood over me with a Gun, I was employed getting wood and water and sifting flour more than an hour, I did not see Dunnon buy a watch, the first thing they did at day light was to tie my hands and forced me into an inner room and about an hour after I came out into the outer room and perceived Dunnon was gone, about ten

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minutes afterwards John Ashley Connor Rourke’s Government man came to the hut and asked Mrs Dunnon to lend his master the big iron pot the Bushrangers would not let him go away about half an hour afterwards the Dogs barked, two of the Bushrangers ran out and fired and immediately returned looked through the cracks in the weather boarding of the Hut and said there is my party running over the fence  round the river and said to me and Rourke’s man if any of you offer to move I will blow your brains out the hut Door was shut and I heard some body outside say Davey Gray there is one in now and a voice said I know there is soon after John Hargraves commonly called York pushed open the Door and Robert Percival Mr Frazer’s man sho was with York presented his Gun at Rourke’s man they both came into the Hut, Ashton ran into Dunnon’s bed Room got under the

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bed and pulled the clothes down to hide him as soon as he saw the Door was pushed open, Mr David Gray, Mr William Gray, and Mr Aitken and a man name Barker and another named Thomas Cutter soon after came into the Hut Frazer and man laid down upon the floor pointed a Gun at Ashton and said if you offer to move I will blow your brains out and then said some out Ashton come out Mr David Gray and some of the other persons caught hold of him and were searching of him when Mr Frazer came into the Hut I did not see what was taken from Ashton. The Bushrangers had two dogs with them neither their clothes nor Dogs were wet.

signed Thomas X Evans

his mark

Sworn before me at Launceston the twelfth day of July 1828

Sigd PA Mulgrave

The further information on oath of Thomas Evans who being again sworn saith I cannot swear that William Ashton William Baker John Gibson and Joseph Moulds were the four armed men that came to the House of John Dunnon on the night of last Thursday I think

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they brought only three knapsacks and two Bundles with them they brought some fire arms with them I do not know ho many, I am sure there was no fire arms nor any knapsacks in the House when they came. Thomas Cutter took away one of those Knapsacks and Thomas Barker the other two, I do not believe there was any thing put into either of the knapsacks in Dunnon’s House except by the Bushrangers – I am certain William Ashton was on of the four men

Thomas X Evans

his mark

£200 PAM

Sworn before me at Launceston the seventeenth day of July 1828 and read to the deponent in the presence and hearing on William Ashton  William Baker John Gibson and Joseph Moulds

sigd PA Mulgrave

p147

The information on oath of John Ashton an assigned servant to Connor Rourke who deposeth and saith I recollect the morning when William Ashton was apprehended in the House of John Dunnon. I went there about eight o clock for an iron pot   my master sent me, the Door of Dunnon’s House was not fastened, I shoved it open and saw Joseph Moulds and William Baker standing in the House Baker had a Gun in his hand I  asked Mrs Dunnon to be so good as to lend my master an iron post she said yes take it, I saw an ironic post which had been frequently lent to my Master, I took it up and was going away with it when Moulds who had then a Gun in his hand said come back from to the fire, I put the post down and went to the fire Moulds told me to pur my Hands behind me, I did so and he tied them together with a silk Handkerchief, Ashton was sitting on   a stool by the fire asleep, I saw another man laying upon a bed with a Gun by his side, I did not see his face at all Thomas Evans was looking through a crack in the boards of the House and said some body is coming Moulds and Baker opened the Door looked out and  awoke Ashton and the man who laid upon the bed and said come on and all four ran out of the Room, I heard some Guns fired I do not know how many Ashton then returned

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into the house with a double barrelled Gun in his hand he took two Bundles which were tied up in silk Handkerchiefs off a Table and put them at the foot on Thomas Evans bed, I afterwards saw Mr Fenning’s take those Bundles away, two knapsacks were taken away at the same time and I saw a third knapsack afterwards delivered by Thomas Evans to Thomas Cutler after Ashton had taken the Bundles off the Table He went into an inner Room with the Double barrelled Fun in his hand, I am certain that nothing was taken out or put into either of the knapsacks or Bundles after the four armed men ran out of Dunnon’s House until they were delivered to Mr Fennings and Thomas Cutter except something which looked like a white Handkerchief which was put upon one of the knapsacks by Thomas Evans

sigd John X Ashley

his mark

Sworn before me at Launceston the 30th day of July 1828 and read to the Deponent in the presence and hearing of William Ashton William Baker John Gibson and Joseph Moulds

sigd PA Mulgrave

p149

The information on oath of Mr David Gray of Trafalgar who deposeth and saith about seven o clock yesterday morning the eleventh of July I received information which induced me to go to the House of Captain Barclay on the South Esk River where I saw John Dunon who informed me that four Bushrangers had kept him Prisoner in the Hut all night and that they had allowed him to come out for the purpose of getting flour my Brothers James and William Nairn Gray and Mr James Aitken with Thomas Barker and John Hargrave assigned servants to Captain Barclay proceeded to the Hut and as we approached it some dogs gave an alarm and three men rushed out at the door armed with muskets one of whom fired at me Brother James who returned the fire and the three Bushrangers ran away and were pursued by my two Brothers and some other persons, I went to the Hut with Robert Percival an assigned servant to William Frazer and John Hargraves as assigned servant to Captain Barclay Dunnon’s wife was sitting on the Bed Thomas Evans and

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John Ashley a servant of a shoemaker named Connor were standing near the fire Robert Percival perceived a man under the bed who he pulled out it was William Ashton I laid hold of him and Mr Aitken  and William Frazer who came into the hut at the time took the silver watch marked W M on the side case with a gold seal with a red cornelian engraved R Cy with a metal key, this metal watch without a Glass the case of which is broken and this gold watch chain and two gold or gilt keys and one gold seal from the person of William Ashton and delivered them to me, also this canvas bag containing one silver shilling, two silver sixpences, this piece of a percussion lock and upwards of fifty metal caps for a percussion lock which I brought to Launceston and delivered to Mr Mulgrave the Police Magistrate last night who sealed them up in my presence and I saw his open that seal this morning they are in the same state as when they were taken from Ashton’s person by Mr Aitken or Mr Frazer I desired Thomas Barker to search the Hut and delivered a double Barrelled Gun

p151

with percussion locks to Mr Aitken which I found there and took Ashton to Captain Barclays where Thomas Barker came soon afterwards with the following articles viz the striped cotton half handkerchief this small fowling piece one bundle tied up in a cotton handkerchief a Bundle tied up in a silk handkerchief and three knapsacks and three pistols all loaded one with powder and cut lead the other two with powder and pistol bullets all of which I took to Launceston and delivered to the Police Magistrate last night in the same state in which I received them from Barker, I did not examine the Bundles or knapsacks when I delivered them these are the Bundles and knapsacks and appear to be in the same state as when I received them, the Bundle in the  cotton handkerchief contains two green shawls one white shawl one piece of striped red and yellow gauge one piece of striped blue and white striped silk gauge and two white silk Hat bands the silk Handkerchief contains a piece of buff china silk crape one white shawl one drab shawl one purple velvet pelisse and a loose collar one piece

p152

of blue woollen cloth and one piece of dark blue woollen cloth, one of the knapsacks contains a dark coloured cloth  jacket lined with white surge in one of the pockets a small looking glass one white cotton handkerchief spotted with red six silver table spoons unmarked one silver cream ewer, six silver table spoons marked RC twelve silver tea spoons eleven of them marker RC one unmakers six small silver tea spoons marked AC two pair of silver sugar tongs one plain the other marked RC four silver salt spoons three plain one marked Y/jj a piece of engraved silver a silver tobacco Box engraved NJ Domnum Amici, two plated egg cups, one silver top to a pepper castor and one silver tea spoon, one white and one black handled Razor, one other Razor in a black leather case, one paper ink case, a small quantity of Tobacco, one pair of cotton stockings one back silk handkerchief fie pair of fustian trowsers, new, one new fustian jackets one pair of nankeen trowsers, one linen shirt, one prayer Book, one map of Van Diemen’s Land, one package of gunpowder, one bullet mould

p153

and one penknife with a ivory Handle, knapsack number 2 contained one green frock coat one pair of nankeen trowsers, one bug waistcoat, one cotton shirt marked JY no18 one striped waistcoat one silver handled knife and fork one coloured cotton Handkerchief one white and one coloured Bag, one tin case containing small shot, one tin canister of Gunpowder one quart tin pot one yellow silk handkerchief containing pepper knapsack No 3 contained one cotton shirt marked J Youl one cotton shirt marked Magnus McLeod, tow other cotton shirts, one linen table cloth marked I.E.G. one pair of blue cloth trowsers one blue cloth waistcoat, one chart of Van Diemen’s Land in a case, one piece of linen cloth marked N containing short one small bag containing some small shot and powder one kangaroo skin pouch and one powder horn Barker also delivered to me this drab woollen jacket I have marked all these articles and delivered them to Mr Mulgrave

Sigd David H Gray

Sworn

p154

before me at Launcceston on the twelfth day of July 1828 and read to the Deponent in the presence and hearing of William Aston, William Baker, John Gibson and Joseph Moulds

sigd  PA Mulgrave

The further information on oath of Mr David Gray who saith this is the double barrelled Gun with the percussion locks which I saw in the Hut of John Dunnon yesterday morning, and delivered to Mr James Aitken, I received it this morning from Doctor Alexander McNab; I am sure it is the same Gun the top is broken off one of the Cocks, I cannot be mistaken in the Gun I have put a mark upon it and delivered ti to the Police Magistrate.

David W Gray

Sworn before me at Launceston the 12th day of July 1828 and read to the deponent in the presence and hearing of William Ashton, William Baker, John Gibson and Joseph Moulds

Sigd PA Mulgrave

p155

The further information on oath of Mr David Gray who deposeth and Saith I received this shot Belt from my Brother William Nairn Gray this morning I have marked it and Delivered it to the Police Magistrate.

Sigd David W Gray

Sworn before me at Launceston the 15th day of July 1828 and read to the deponent in the presence and hearing of William Ashton, William Baker, John Gibson and Joseph Moulds

sigd PA Mulgrave

p156

The information o oath of Mr William Frazer farmer of the South Esk river who deposeth and saith I was at the House of John Dunnon  yesterday morning the eleventh of July where I saw William Ashton in the custody of Mr David Gray, I searched Ashton and took from his person one silver watch with a seal and a key on a Ribbon a Handkerchief a gold watch and chain and another watch which appeared to be a metal one. I handed the fold watch to Mr David Gray and I think I gave the silver and the metal watch to Mr Aitken. I did not examined them, I believe this is the silver watch, I took it  out of the fob of Ashton’s trowsers, I verily believe this is the Gold watch, I am sure this is the gold chain, and this is the metal watch Ashton said nothing when I took the watches from him.

Sigd  Wm Frazer

p157

Sworn before me at Launceston the twelfth day of July 1828 and read to the deponent in the presence and hearing of William Ashton, William Baker, John Gibson and Joseph Moulds

sigd PA Mulgrave

p158

The information on oath of Mr Tristian Fenning who deposeth and saith on the morning of last Friday the eleventh of July, I went to the Hut of John Dunnon on the South Esk River, and saw Mr David Gray having hold of William Ashton, I received two Bundles tied up I believe in Handkerchiefs from Thomas Barker in Dunnon’s hut and carried them to Captain Barclay’s House and put them into a Room I have not seen them since, I think I should know one of the Bundles again I believe this is one of the Bundles, I am sure this piece of green and white silk, this piece of red and yellow  gauge and this white and green shawl were in one of those Bundles, it was tied up rather slack but nt quite so loose as it is now, I also received a pistol from Barker in the Hut and carried it to Captain Barclay’s House which si put into the Room with the Bundles. I should not know the pistol again if  I was to see it

Sigd  Tn Fenning

p159

Sworn before me at Launceston the fifteenth day of July 1828 and read to the deponent in the presence and hearing of William Ashton, William Baker, John Gibson and Joseph Moulds

sigd PA Mulgrave

p160

The information on oath of Thomas Barker an assigned servant to Captain Barclay who deposeth and saith, I accompanied Mr David Gray from my master’s House to the Hut of John Dunnon on the South Esk River one Friday morning, the 11th of July the Dogs gave an alarm when we were about forty rods from the Hut and three men armed with muskets came out of the Hut two of them fired towards Mr James Gray and all three of them ran away a forth man came out of the Hut and immediately returned into it again, John Hargraves pulled William Ashton from under a Bed I took a double barrelled piece and a pistol from under the Bed where Ashton was laying the piece had fDifferent locks to what I had ever seen before and one of them was broken there was a little brass thing upoatta right hand cock, I am partly sure this is the piece, I am quite sure the piece I took from the Hut was the same I

p161

I delivered to Mr David Gray I saw two knapsacks and two Bundles tied up in Handkerchiefs in the Hut, Mr Fenning carried the two Bundles to Captain Barclays House and the pistol I carried one of the knapsacks and another man carried the other in my presence to Captain Barclays House I should now know the knapsacks or the pistol again if I was to see them I do not know what became of them I left them at the Door of Captain Barclays House in the presence of Mr David Gray, both the knapsacks were then in the same state as when they were taken form Dunnons Hut. I did not take so much notice of the Bindles as to be able to know them again I do not know that either of the men present were of those who fired near the Hut.

sigd Thomas Barker

Sworn before me at Launceston the thirteenth day of July 1828 and read to the deponent in the presence and hearing of William Ashton, William Baker, John Gibson and Joseph Moulds

sigd PA Mulgrave

p162

The information on oath of Lieutenant Fitzherbert Coddington who deposeth and saith I was in search of Bushrangers yesterday morning the 11th July accompanied by Lieutenant Serjeantson and a party of the 40th Regiment, the party started three men about a mile from the Cocked Hat Hill, I did not see one of them distinctly, Mr Serjeantson and I rode after two of them in advance of our party and when we got within about twenty yeardds of them they stopped turned round and threw down their arms, the party was about a hundred yards in the rear, I dismounted took up the muskets the men had thrown down and stood by them until the party came up, John Gibson and William Baker were the two men, I marked the muskets and delivered them to the Police Magistrate yesterday these are them I am not certain by which of the men the musket with the sling was thrown down. I think it was by Gibson they were both loaded

sigd  Fitzberbert Coddington

Lt 40th Regt

p163

Sworn before me at Launceston the twelfth day of July 1828 and read to the deponent in the presence and hearing of William Ashton, William Baker, John Gibson and Joseph Moulds

sigd PA Mulgrave

p164

The information on oath of John Hargraves as assigned servant to Captain Barclay who deposeth and saith I heard a firing near the Hut of John Dunnon on the South Esk River on Friday morning the 111th of July, Mr Fenning came to me whilst I was at Plough and asked me to accompany him to the Hut as I passed the Hut I saw through a crevice into the boards two men with the hands tied I called out to Mrs Dunnon “Eliza is any one in” she replied some in and see, I pushed the Door open with my Hands and was followed by Robert  Percival who was armed with a fowling piece, I saw William Ashton under a Bed in Mrs Dunnons bed Room, and I saw a shot belt round his neck by which I pulled him out I delivered that shot belt to Mr William Gray about a minute afterwards it had two brasses on the top of which the shot comes out, I think one of the tops was lost out this is the Belt I accompanied Mr David Gray when he took William Ashton  to Captain Barclays

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House soon after he was apprehended.

John X Hargraves

his mark

Sworn before me at Launceston the fifteenth day of July 1828 and read to the deponent in the presence and hearing of William Ashton, William Baker, John Gibson and Joseph Moulds

sigd PA Mulgrave

p166

The information on oath of Robert Percival an assigned servant to Mr William Frazer who deposeth and saith Last Friday morning the 11th of Jjuly one of Captain Barclay’s servants told my master that there was some Bushrangers at John Dunnon’s Hut my master gave me a piece that was loaded and ordered me to go there, on my arrival I saw Mr David Gray and several other persons outside the Hut; one of Captain Barclay’s men I believe John Hargrave pushed open the door, I pointed my piece into the hut and said si any one here, they said come and see, I went into t an inner Room and saw Mrs Dunnon sitting on a Bed the clothes of which reached to the floor I pulled the bed clothes on one side and saw William Ashton under the Ned he was coming from under it when Captain Barclays man (Hargrave) laid hold of a shot belt which Ashton had upon his person and pulled it off him, I then left the House and went in search of some other Bushrangers that I understood were over the Hill. My master’s house is a quarter of a mile from Dunnon’s Hut.

Robert X Percival

his mark

p167

Sworn before me at Launceston the fifteenth day of July 1828 and read to the deponent in the presence and hearing of William Ashton, William Baker, John Gibson and Joseph Moulds

sigd PA Mulgrave

p168

The information on oath of Joseph Gray of Launceston a constable belonging to the band of field Police who deposeth and saith I was with a party of military on last Friday morning when William Baker and John Gibson were apprehended I saw a soldier take this shot belt, this powder horn, this opera glass, and this gold ring with a ruby set in it, from the person of John Gibson the Soldier immediately delivered the shot Belt and Powder Horn to me immediately after he had taken them from Gibson and the opera glass and ring at the Police Office in Launceston. I marked them and delivered them to the Police Magistrate that night. I took this cotton shirt marked JY 14 this knife and this pair of white cotton stockings from the person of William Baker in the Police Office the same day and marked them and delivered them to the Police Magistrate.

sigd Joseph Gray

p169

Sworn before me at Launceston the fifteenth day of July 1828 and read to the deponent in the presence and hearing of William Ashton, William Baker, John Gibson and Joseph Moulds

sigd PA Mulgrave

p170

The information on oath of Charles Smith of Launceston Constable who deposeth I took this shirt marked J Youl 2, this gilt watch and this striped half cotton handkerchief from the person of John Gibson in the Police Office on the afternoon of last Friday I marked those things at the time and delivered them to the Police Magistrate at the same time and place I took this copper ring from the finger of William Baker, these two piece of gilt chain and this gilt watch ring out of this pocket.

I also took this tortoiseshell comb from Joseph Moulds on this 12th instant out of his waistcoat pocket I marked all these things and delivered them to the Police Magistrates

Charles X Smith

his mark

Sworn before me at Launceston the seventeenth day of July 1828 and read to the deponent in the presence and hearing of William Ashton, William Baker, John Gibson and Joseph Moulds

sigd PA Mulgrave

p171

The information on oath of Thomas Cutter a prisoner holding a Ticket of Leave who deposeth and saith I recollect the morning when William Ashton was apprehended in the House of John Dunnon. I saw him pulled from under a Bed by Robert Percival and John Hargrave who took a shot belt off Ashton’s shoulder and I took a powder flask from his neck, I left the House for a short time and in passing it Thomas Evans said will you take this knapsack to Captain Barclay’s he had then a knapsack in his hand which he delivered to me it was open and as I lifted it up two pistols dropped out of it I do not know what else it contained I carried it to captain Barclays and delivered it to Mr David Gray by whose orders I put it by the side of two or three other knapsacks in Captain Barclays yard, I do not know what became of them afterwards the knapsacks was in the same state when I delivered it to Mr Gray when I received it from Thomas Evans

p172

I did  not examine it on the road from Dunnon’s House to Captain Barclays.

Thomas X Cutler

his mark

Sworn before me at Launceston the thirteenth day of July 1828 and read to the deponent in the presence and hearing of William Ashton, William Baker, John Gibson and Joseph Moulds

sigd PA Mulgrave

p173

The information on oath of Charles Smith of Launceston a constable who deposeth and saith I was in company with Mr Henry Hinksman a Police Officer all last night watching the House of a man named Joseph Smith at Paterson’s Plains into which a man entered between nine and tent o clock we did not go close to the House for fear of alarming the Dogs but remained within sight of the door until day break this morning only that person went in during the whole night and no person came out. I went to the door with Mr Hinksman about seven o clock this morning it was ajar we went into the House I said who is there who have we got here Joseph Smith said non but what ought to be here I said how man are there he said two a woman named May was in bed on the opposite side of the Room from that where Smith lay some person in the Bed with Joseph Smith called out is that you Smith or Charles Smith I said yes get up and shew yourself. I immediately heard something fall which

p174

made a noise like the falling of a musket a bag was hung before the window which was removed and Mr Hiinksman then said is it you Moulds and the person who was in bed with Joseph Smith said yes Mr Hinksman. I saw this musket under the bedshead picked it up and asked Moulds if it was his he said yes I said is it loaded he said yes there is a rum charge in it five three quarter balls I fired off the musket, Moulds then delivered me this small bag containing some three quarter Balls and some Buck shot, Joseph Moulds and Joseph Smith were both undressed, I found this tortoiseshell comb in Mould’s waistcoat pocket, I have marked it and delivered it to the Police Magistrate.

Charles X Smith

his mark

Sworn before me at Launceston the twelfth day of July 1828 and read to the deponent in the presence and hearing of   Joseph Moulds

sigd PA Mulgrave

p175

The further information on oath of Charles Smith who saith there was a good deal of laughing and loud talking in the House of Joseph Smith soon after Joseph Moulds entered it I heard it at the distance of thirty yards.

Charles X Smith

his mark

Sworn before me at Launceston the twenty fourth day of July 1828 and read to the deponent in the presence and hearing of   Joseph Smith

sigd PA Mulgrave

The further information of Charles Smith who deposeth and saith I searched the person of John Gibson yesterday in the Police Office and took from it this metal watch this striped cotton half handkerchief and this cotton shirt marked J Youl 2,  I marked them and delivered them to the Police Magistrate immediately afterwards.

Charles X Smith

his mark

Sworn before me at Launceston the twelfth day of July 1828 and read to the deponent in the presence and hearing of   John Gibson

sigd PA Mulgrave

p176

The information on oath of Mr Henry Hinksman Police Officer who deposeth and saith about nine o clock last night Friday the 11th of July I was in company with Constable Charles Smith directed by the Police Magistrate to search for Joseph Moulds in the Forest between Paterson’s Plains and the Cocked Hat Hill, I saw a person stealing along with a Gun in his hand I watched and followed him to the House of a man named Joseph Smith and remained watching the House with Charles Smith until day light this morning when the Door was opened and I went in with Constable Smith and saw Joseph Moulds undressed and in bed with Joseph Smith who was also undressed, there was a woman in bed on the left hand side of the Door when I went in I said who is here, Joseph Smith replied there are tow here it is all right, I said shew yourselves Moulds immediately said is that you Charles I turned a bag which hung before the window on one side and there had a plain

p177

view of Moulds and said is that you Moulds he said yes it is Mr Hinksman I said have you any firearms he said yes I have a Gun if is under the Bed Moulds got out of Bed and delivered a Gun to Constable Smith and gave me this powder flask, I asked him if he had any pistols he said no there is the flask there is the Gun and here are the Balls and delivered a Bag of Balls to Constable Smith, This is the Gun he delivered it to Constable Smith I have now delivered it with thee powder flask to the Police Magistrate also these twelve pieces of silver coin which I have marked I took them from out of the waistcoat pocket of Joseph Moulds after he dressed himself this morning – I carefully searched the House of Joseph Smith he said that Joseph Moulds had delivered himself up for him and that he meant to bring him to Launceston this morning – I have taken from the person of Joseph Moulds one cotton shirt marked JYoul 15, one striped cotton waistcoat one pair of fustian trowsers.

p178

one fustian jacket and one pair of white nankeen trowsers. I have marked them and delivered them to the Police Magistrate.

sigd  A Hinksman

Sworn before me at Launceston the twelfth day of July 1828 and read to the deponent in the presence and hearing of   Joseph Moulds

sigd PA Mulgrave

p179

The information on oath of Joshua Sharp who deposeth and saith I am a prisoner in the service of Mr Joceyln Thomas and reside on his farm at the Snake Bank about two o clock on a Monday morning five weeks ago three men came to my Hut where I was alone one of them was a tall man the other two were short men I do not know how the tall man was dressed one of the short men wore a duck frock a pair of fustian trowsers a yellow handkerchief round his neck and a black handkerchief over his face the other man wore a blue jacket a pair of corduroy trowsers and a coloured handkerchief over his face the man with the duck frock had a brass double barrelled blunderbuss when he came into the Hut he desired me to stand he presented the Blunderbuss at me the man with the blue jacket

p180

went into the loft of the hut and brought down three blankets a blue jacket and two large white coats the coats belonged to my master they were exactly of the same colour and description as these now shewn me but larger. I am not certain that these are the coats that were then stolen the blankets and jacket belonged to Robert Coldwell the men remained at the Hut about ten minutes I do not know that either William Ashton or Joseph Moulds were of the men who came to my Hut on that  day I do not believe that I ever saw William Ashton William Baker John Gibson or Joseph Moulds before this day

Joshua X Sharp

his mark

Sworn before me at Launceston the eighteenth day of July 1828 and read to the deponent in the presence and hearing William Ashton, William Baker, John Gibson and  Joseph Moulds

PA Mulgrave

p181

The information on oath of Robert Coldwell of the Snake bank holding a Ticket of Leave who deposeth and saith on a Monday a month or six weeks ago I lived in a Hut at the Snake Banks in the service of Mr Jocelyn Thomas. John Sharp was my fellow servant. I left home soon after sun rise that morning leaving Sharp in the Hut and these two great coats upon my own bed in the loft. [short hand here in pencil in margin – military?] they are light coloured woollen coast I know this Coat by the hole under the Cape and by being split in the collar I know this other coat by these seams which I sewed myself with black thread they are the property of Mr Jocelyn  Thomas he sent them to the Hut for the use of the Shepherds. I returned to the hut about two or three o clock the things were scattered about in it and Sharp told

p182

me that three armed men had robbed the Hut and taken away these two coats and several other articles.

Rochard X Coldwell

his mark

Sworn before me at Launceston the twenty fourth day of July 1828 and read to the deponent in the presence and hearing William Ashton, William Baker, John Gibson and  Joseph Moulds

PA Mulgrave

p183

The information on oath of Thomas McHenry as assigned servant to Mr Allen Mc Donald  who deposeth and saith on last Friday morning my master Mr Allen Mc Donald ordered me to accompany him in pursuit of some Bushrangers and I saw William Baker and John Gibson taken by two officers between Samuel Porter’s farm and the new Road this drab cloth jacket was laying near the New River and I picked it up in the pursuit some time after one of the Soldiers fired and I soon after picked up a Hat when I came up to Gibson after he was taken he said to me you may as well let me put that Hat on, I gave it to him and he said you may as well let me put on that coat too and I was handing it to him when

p184

one of the officers prevented me from giving it to him – I found this fur cap inside one of the pockets of the jacket they have not been out of my possession since and are in the same state as when I picked them up I have marked them and delivered them to the Police magistrate.

15th/4 (in pencil)

Thos Mc Henry (signed)

Sworn before me at Launceston the fifteenth day of July 1828 and read to the deponent in the presence and hearing William Ashton, William Baker, John Gibson and  Joseph Moulds

PA Mulgrave

(Margin)

Rex vs Ashton and others

15th July 1828

DECIDED

(pencil Mr J Thomas’s coat)

p185 (July 1828 in pencil)  CATHERINE MC LEOD IN 1841 [ii]

Van Diemens Land

To Wit

The information on oath of Mrs Catherine McLeod wife of Donald McLeod Esquire of Emu Plains who deposeth and saith some armed men attacked our house a little before nine o clock on the evening of Monday the twenty third of June and stole therefrom a gold watch the property of  my husband one man remained at the Gate about twelve yards from the House I saw  him once or twice he was once coming towards the House when one of this companions cried out Jack you are not wanted here there is enough without you look out at the back the man I saw near the Gate was about the height and figure of George Archer he wore a shooting jacket of the same appearance as that now worn by George Archer he had a long piece over his shoulder he had a handkerchief tied over his face I could not discern

p186

his features, I am not at all certain that Archer was that man.

Sworn before me at Launceston the first of July 1828

PA Mulgrave (signed)

p187

The examination of George Archer free by servitude who saith on Monday the twenty third of June I was on the premises of Mr Andrew Barclay the whole of the day I was working for him and slept on his premises that nitgh with William Patten a free man slept  in the adjoining room I slept in the kitchen and went to bed about nine o clock in the evening, I remained at Captain Barclay’s from that night until last Saturday, I saw Henry Speakman at the House of George Radford at Perth on Sunday the twenty second of June, I went there to get some clean linen, I did not drink with Speakman at Radford’s House.

G. Archer (Signed)

Taken before me at Launceston this first day of July 1828

PA Mulgrave

p188

The information of Winifred Mc Nally who deposeth and saith I life at the House of Michael Doogan I know George Archer I never saw Jane Brown in the Company of George Archer I do not know that I ever saw a woman named Brown at Doogan’s house I saw a woman there but I do not know her name I recollect a constable coming to Doogan’s House I think on last Friday night he searched the House there was a Box in the House and the Constable asked me to whom It belonged. I said one of the men he broke it open I do not know to whom it belonged I never saw that Box open before I do not know what the Constable took away. Michael Doogan told the Constable he brought the box to his house.

Winifred X McNally

her mark

Sworn before me at Launceston the third day of July 1828 and read to the deponent in the presence and hearing of George Archer

PA Mulgrave

p189

The information on oath of Michael Doogan free by Servitude farmer at the Springs who deposeth and saith I know George Archer he delivered me a Box at the Punt about two months ago it was locked I took it to my House and it remained there until alst Friday. I never saw it opened during theta time he delivered me the box at the House of a man named Radford and asked me to take care of ti for him he did not say what it contained George Archer was at my House twice or thrice between the time he delivered me the Box and last Friday he did not say a word about the Box either time, I knew a woman named Mary Brown a assigned servant to major McLeod she was at My House on a Sunday about four months ago with John Kenny who came with her to the House George Archer

p190

was there she stopped there about two hours she left my House about an hour before sundown with Kenny and Archer she was at my House about a fortnight before that tine Archer was in the House when she came there she went away Archer remained at my House all night Archer never told me that any part of the property which was in the Box he delivered to me belonged to Mary Brown.

Mr Hinksman came to my house one night last week I do not know what night and broke open that Box I never saw it open before he took  away a quantity of women’s clothes out of the box I did not tell him who the clothes belonged to I did not know I did not take any account of the things Mr Hinksman took away I told him it would be necessary to make a memorandum of what he took away and he said it will be allright what I take away

Michl Dugan (signed)

Sworn before me at Launceston the third day of July 1828

PA Mulgrave

p191

The information on oath of Thomas barker an assigned servant to Captain Barclay who deposeth and saith. I saw George Archer in my master’s kitchen on the evening of last Monday week about half past eight o clock with William Patten. I was the first man who ran my master’s premises the next morning and went into the kitchen and saw George Archer in his bed there I did not observe the state of his shoes Archer had been living at my master’s House about a fortnight and slept there all the time there are a number of dogs upon the premises who bark if nay man or thing stirs in the night. I am not certain whether I heard the Dogs bark on that night I never heard that any of the Dogs barked during that night.

Thomas Barker (signed)

p192

Sworn before me at Launceston the third day of July 1828 and read to the deponent in the presence and hearing of George Archer

PA Mulgrave

p193

The information of William Patten who deposeth and saith I was at the House of Mr Andrew Barclay on last Monday week I went to bed a little  after eight o clock on that night in a Room separated from Captain Barclay’s kitchen by a passage I left Archer in the kitchen he was making his bed, I saw him the next morning, at day light he wore the same dress that he now wears. I never saw him have a fowling piece or Gun in his possession I did not observe that state of his shoes that morning, I am a carpenter and was building upon Captain Barclays premises Archer was employed shingling, I saw no watch or clock that night I believe it was after eight of clock that night when I left the kitchen.

William Patten (signed)

(pencil 3d July Speakman and Archer)

p194

Sworn before me at Launceston the third day of July 1828 and read to the deponent in the presence and hearing of George Archer

PA Mulgrave (signed)

p195

The information on oath of John Davis as assigned servant to Mr Andrew Barclay sworn saith about nin o clock on the evening of Monday the 23rd June I saw George Archer in my Master’s kitchen with William Patten I believe he slept there that night I slept in the store about a hundred yards from the kitchen Door I saw nothing of Archer from the time I left him until about five o clock the next morning when I saw him sitting on his bed dressing himself he wore a shooting jacket on the Monday, I never saw a fowling piece in Archer’s possession, I saw his shoes by his bed side in the kitchen on Tuesday morning they were not very dirty it is about a mile and a half from my master’s house to

p196

Major McLeod’s house, the road between the house was very dirty on that morning

John X Davis

his mark

(pencil 3d July Speakman and Archer)

Sworn before me at Launceston the third day of July 1828 and read to the deponent in the presence and hearing of George Archer

PA Mulgrave (signed)

p197

Van Diemen’s Land

To Wit

The information on oath of Mrs Catherine McLeod wife of Donald McLeod Esquire who deposeth and saith Mary Brown the assigned servant of my Husband absconded from his service the early part of last March and has not since been heard of the blue cloth pelisse and the muslin gown produced by Mrs Hinksman were her property I cannot identify any of the other articles produced by Mrs Hinksman as the property of the my Husband Donald McLeod Esquire Mary Brown had that Pellisse and Gown in her possession a short time before she left my House.

George Archer was frequently at my Husband’s house whilst Mary Brown lived there and

p198

they were upon terms of the greatest intimacy

Cathn McLeod (signed)

Sworn before me at Launceston the eleventh day of July 1828 and read to the deponent in the presence and hearing of George Archer

PA Mulgrave (signed)

p199

The information on oath of Mr Henry Hinksman Police Officer who deposeth and saith on the evening of the 28th of last June I found the blue cloth Pellisse and the muslin Gown identified by Mrs Catherine Mc Leod as the property of Mary Brown locked up in a Box in the House3 of Michael Dugan at the Springs, this Bible was also in the Box which I had seen given to Mary Brown on board the ship Persian on her passage from England. This patch work quilt I also know is her property, the other articles contained in the list on the reverse were also in the Box and George Archer now under examination voluntarily states they are all the property of Mary Brown except one shirt one Bible four pairs of cotton stockings and two cotton half handkerchiefs

HH Hinksman (signed

Sworn before me at Launceston the eleventh day of July 1828 and read to the deponent in the presence and hearing of George Archer

PA Mulgrave (signed)

p200

one blue cloth pelisse

one pair of stays

four pair of white cotton stockings x

two bibles one x

1 religious tract

four petticoats

three shifts

one shirt x

one pair of white drill trowsers xx

three cotton night gowns

two half white handkerchiefs marked G.A. no3 4 x

two check apron /2/

2 coloured gowns

two half silk handkerchief

one do do

nine night caps

one pocket

one towel

on pair of kid Gloves

one do leath gloves

one Bag of sundiredd

one bed quilt

HH Hinksman

(Bushrangers in pencil)

George Archer

July 28

Decided

SEALING

p201 (Brady August 1828 in pencil)

The examination of George Thomas who saith I arrived in this colony free with Captain Langdon in the ship Lusitania about five year and a half ago I was employed on the River Derwent about three years in Boats about three years ago  I shipped on board the Schooner Governor Brisbane belonging to mr Kemp Captain Davidson was master of that vessel I think his name was David Davidson we left the Derwent upon a sealing voyage we went to the coast of New Holland and about four months after we had left Hobart Town I was landed with five of the crew and one sealing Boat on South East Island with three months provisions for the purpose of procuring seal skins, I had not the least idea but what the vessel would return to the Island at the end of the three months but I have never seen the vessel since she had

p202

eleven men on board including the Captain when I left her, I remained upon the island and neighbouring coast about eleven months until the Amity a Government Big came to King George’s Sound to form a settlement, a Lieutenant belonging to the Fly sloop of war and Major Lockyer were on Board the Amity those Gentlemen employed me to act as Pilot at King George’s Sound and I remained in that capacity about eight months when I left of my own accord and went to Sydney in the Amity the second time she came there; I do not know what became of the boat belonging to Mr Kemp the men I was left with continued on or about the Island with the Boat, we collected about two hundred skins which were shared out between us, I received payment for my services as pilot at the Secretarys Office in Sydney, I remained in Sydney eight or nine months when I shipped on board the Dragon Brig Captain

p203

Forbes and went to Hobart Town, got my discharge and engaged with a man named Curry who built the Sloop Margaret to go to Penguin Island which had been cast away there we went there in a whale boat Mr Curry four men and I were all that left Hobart Town in the Boat after we had been there four or five days  our provisions were out and I thought proper to leave Mr Curry and came away in a bot called the Fly at Preservation island where Mr Curry had taken his men to, Mr Curry left Preservation to go to Launceston in Captain Innnis’s sloop and four or five days after he was gone I went on board a boat called the Fly under the charge of Henry Rogers to whom the boat belonged there were seventy or eighty kangaroo skins as three or four fowling pieces belonging to Rogers in the Boat, there were three

p204

men besides Rogers and I in the Boat I met Mr Curry at George Town he asked me why I had left I said because I had not provisions the rest of Mr Curry’s men remained on Preservation Island I arrived at Launceston on Saturday night last about ten o ‘ clock I was not bound to serve Mr Curry for any stated time there was no written agreement between us when I told him I had left because I had no provisions he said he could not help it, Rogers brought nothing to Preservation Island in his Boat but the skins and fowling pieces when I left Mr Kemp’s Boat I received about thirty skins for my share, I called upon Mr Barker Mr Kemp’s partner when I was in Hobart Town and rold him where I had been left he did not take or order me to go to the police office – Samuel Lear/Sear, Henry Rogers, Henry Stevens, and John (Blank) were in the Boat Fly when I joined her at Preservation Island, I had not previous knowledge of

p205

those men I ever saw any Licence belonging to the Boat Fly, Lear left the Boat this morning for the purpose of going to Hobart Town to get some £ money from his  Brother who is a baker there to fit out a Boat until the season for sealing began we meant to wait for him in the Tamar eight days about East Arm to catch some kangaroo it is cheaper living there than in Launceston, we sold the kangaroo skins we brought here to Mr Thomas Williams none of us have been to the Naval Office since we  arrived nor to any other places since our arrival to report ourselves

George X Thomas

his mark

Sworn before me at Launceston the 12th  day of August 1828

PA Mulgrave (signed)

p206

The examination of Henry Stevens who saith I arrived in this colony from the Isle of France in the schooner Flamingo about nine or ten months ago I have a sister in Hobart Town married to a man named Clark who keeps a Grocers shop there I was discharged from the Flamingo and remained in Hobart Town until last April when I engaged with Joseph Castle to go to Basses Strait in a Boat to procure seal skins a Boy named John Castle  and Joseph Pike left Hobart Town as passengers in the Boat  which they left with Joseph Castle at his farm at Little Swan Port at Oyster Bay Castle the owner of the Boar gave Henry Rogers charge of her we proceeded to the Straits with Samuel Lear/Sear and James Davis who also belongs to the Boat after we had left Swan Port about two months we landed on a place called the

p207

tongue of land a Mr Curry landed there with a Boat and five men about a week after we got there Davis had been complaining of ill health ever since we left Hobart Town and he died the day after Mr Curry arrived Mr Curry ordered prayers to be read over the body which was buried there we went to the Eddistone and from thence to Preservation Island where we took on board George Thomas one of Mr Curry’s men and a man named John (blank) who was cast away in the Margaret sloop belonging to Mr Curry and arrived at Launceston very late on Saturday night last with about eighty kangaroo skins and three Guns we procured the skins upon the coast and the Guns we brought from Hobart Town, they belong to Castle the owner, we only got two seal skins one of which Mr Curry kept and the other was cured by our Boats Crew for Moccasins. Mr Curry was short of provisions and we supplied him with some of

p208

ours as far as it went and he said he would repay us when we got to Preservation where he had ordered provisions to be sent from Hobart Town but when we arrived at Preservation there had been only a cask of beef sent there for him and we were obliged to come to Launceston for flour which we expected to get by selling the kangaroo skins and with the money we expect Samuel Lear will bring from Hobart Town – I was never at Launceston before I do not know that Rogers or Lear were ever in this port in charge of a Boat before no persons asked us who we were when we arrived a man who I took to be a watchman at the wharf asked us where the boat had come from we told him from the Straits the Boat has remained at the wharf ever since we took the

p209

Guns out on Sunday morning and the skins yesterday I do not know if either Castle or Rogers has a licence for the Boat she is called The Fly this is the Boat clearance I saw castle deliver it to Rogers at Little Swan Port where Castle was obliged to leave the Boat to look after his farm and cattle he first proposed to go sealing in the Boat but altered  his mind when he got to his Farm – we had very bad weather between Swan Port and the tongue of land

Henry Stevens (signed)

p210

The examination of Henry Rogers who saith I arrived at Hobart Town about three years ago in the Medway I was a prisoner for Life and received a Free pardon in last April or May twelve months which I left with Edward Brown a Gardener and labourer in Hobart Town he is married and lives in Liverpool Street he is free by pardon also, we procured our pardons for our services in the Bush in pursuit of Matthew Brady and his party Bushrangers, I left Hobart Town in Last April and went to Little Swan Port where Joseph Castle the Owners gave me command of the Boat and delivered me this clearance we proceeded to Basses Straits sealing, we landed on our way as a place called the Tongue of Land where one of the Boats crew James Davis died, Mr Curry put in at the Tongue of Land with six men they were short of Provisions we lent them

p211

some of ours and he said he expected some provisions at Preservation Island we went there and found that there was no flour there we then proceeded to Launceston taking with us one of mr Curry’s men George Thomas to assist us to pull the Boat we arrived at Launceston on Saturday night last about nine o clock, we were strangers and did not report our arrival except to a constable one the wharf who we told we had come from Preservation Island as that the Boat was a sealing Boat we brought only about eighty kangaroo skins and three fowling pieces besides the Boats Gear and our own clothes one of our Men is gone to Hobart Town for money to  purchase flor & c to fit us our for the Straits for a sealing voyage

Constable Worrall headed the party that I went with after Brady we took Brown Mc Kendrick and Gregory about eighteen miles above Mr Humphrey’s upper Run on the Derwent

p212

Joseph Morgan, David Christmas, Larry Murray and Ayton and John Neale were with me besides Brown and Worrall but no soldiers at the time we took the Bushrangers

Henry X Rogers

his mark

Taken before me at Launceston the 12th of August 1828

p213

The examination of Joseph Robson who saith I am a seaman I arrived in this Colony free in the ship North Briton which I left at Hobart Town last new years day about a week afterwards I was employed in a Boat on the Derwent for William Ramsey of Hobart Town on the 9th of last March I engaged to go to Port Dalrymple in a sloop called the Margaret belonging to Mr Curry on our passage the sloop was cast away on Penguin Island about six weeks afterwards I went to Preservation Island where I have been employed by Munro who lives there (except about a week when I went to the Main in a Boat belonging to Richard Maynard) until I came away in a Boat called The Fly under the care of a man named Rogers about fifteen days ago I arrived at Launceston in the Boat last Saturday night we

p214

brought nothing from Preservation Island but our clothes some kangaroo skins and three fowling pieces which belonged to Rogers or his men where were four men in the Boat besides  me I do not know their names I was never in Launceston before it was about ten o clock when we arrived a constable on the wharf asked where the Boat had come from he was told she came from the Straits

John X Robson

his mark

Taken before me at Launceston this fourteenth of August 1828

A sealing boat and her crew

Aug 1828

p215

(slip of paper c 15 x 8 cm)

Septr 1828

Informations of

Robt Taylor

Benedict Von Bibra

Thomas Smith

Rex versus

William Baker

William Ashton

John Gibson

Joseph Moulds

p216 (sept 1828 in pencil)

The information on oath of Mr Robert Taylor of the Macquarie River settler who deposeth and saith on an evening about seven o clock, I think the eighth of last July on a Tuesday I heard a rap at my front door, Mrs Taylor opened the Door when three armed men entered the house, one of them presented his Gun at Mt wife and said stop the other two followed him, the first then presented his Gun at me and said two or three times is there any  body else in the House I said no what are you  he said Bushrangers my fowling piece was standing at one corner of the Room he took it up and said is it loaded I said no it is not he took the ramrod out of it and said this is just what I want here is a screw at the end of it, he put the ramrod into his own Gun and handed the Fowling piece to one of the other men who was nearest the Door, this is the ramrod I know it by the crack near the larger end it is mine and worth upwards of a shilling, the fowling piece was also mine worth five pounds, the man I first saw then said who is in the Hut I said I do not know two of the men then ran out of the House and I then saw a fourth man standing at the Door

p217

the two men returned in two or three minutes with my shepherd Thomas Smith and a knapsack, I said  I hope they would not use any body badly they said they would not and only take what they wanted the man who first came in took this powder flask my property worth ten shillings from a nail on which it was hanging, and put it round his neck I knew it by its general appearance and by this string off which the green woollen cord was worn, I had had it five years, he searched my boxes containing clothes and took from one of them a pound of Gunpowder worth two shillings,  the tallest man of the three said we will not hurt this man much I have heard a good name of him when the man who came in first turned from the Box and said to me if you will give me all the money you have we will not taken any thing else from you. I replied I believe I have only two pounds in the House and I opened a pocket Book which was in the  Box he had searched and gave him two one pound notes one of M Gellibrands Bank the others of the Cornwall Bank, he said you must have more I said I have not

p218

he then searched the Box and another and took a metal chain and a gold ring out of one of them and put into his pocket, my wife begged him to give her the ring, he did so and upon my telling hism the chain was only metal he threw it down, he asked me for some grog, I said I had none, he asked me what was in another Box I told him a little win he obliged me to take put a half gallon bottle from which all the four men drank several glasses they all then went our of the House I begged them to return me my Gun the tallest man said I might have it but the man who had it in his hand said it is a better one than mine and I shall keep it and took it away one of them said we must take  this man (Thomas Smith) with us I said I hope you will not keep him long they said we will not take him far and then left my premises after having been there about fifteen minutes they went from the back of the house towards the Bush  my House is near to Mr Von Bibras’s and Mrs Robert Corney’s next to hers, about ten minutes after they

p219

were gone I went to Mr Simpson’s Farm where I found James Rowland and another of my servants and sent Rowland to Mr Sutherland the magistrate to inform him that had passed at whose house a party of soldiers were stationed, I returned home and went to bed, Rowland returned about three o clock in the morning with two soldiers and a constable and ten or fifteen minutes afterwards Thomas Smith returned with my fowling piece be said the Bushrangers took him to Mrs Voc Bibra’s House from which they took a sword and a kangaroo dog, that they then ordered him to take them to Mr Corney’s House and when they got near it they tied his hands behind him to a rail and told him he must stope there until they came back to loosen him that they then went to Mr Corney’s House that he remained tied there three or four hours during which time one of the Bushrangers came to him two or three times that he begged very hard to have my piece returned to him and the last tine the Bushrangers came to him he untied his hands and gave him the piece and suffered him to return, all the things taken from my House by the Bushrangers except the knapsack were my property when they told me they were Bushrangers I considered my life was in danger

p220

or I should not have given up the money, I never saw either of these four men before that I know of William Ashton, John Gibson, and Joseph Moulds are three of the men who robbed my House as I have stated. Joseph Moulds is the man who took my Gun and took the Ramrod out of it, it was he to whom I gave the two one pound notes, I it was William Ashton who said he had heard a good account of me and would not hurt me, there was a lighted candle in the House whilst those three men were there their faced were uncovered and I saw them distinctly I do not know if William Baker was the man who stood at the Door or  not, each of the men had a Fun, Joseph Moulds had two pistols stuck in his belt I saw no more than those four strange men in ora bout my House that night

signed Robert Taylor

Sworn before me at Launceston  the 11th day of Sept 1828 and read to the Deponent in the presence and hearing of William Baker William Ashton John Gibson and Joseph  Moulds

sgd  PA Mulgrave

£100 in margin

p221

Copies of information

in the case of Rex

versus

William Ashton

William Baker

William Gibson

Joseph Moulds

p222

The information on oath of Thomas Smith an assigned servant  to Mr Robert Taylor of the Macquarie River who deposeth and saith on a Tuesday evening about the eighth of July last I was in my Hurt near my masters dwelling House when four armed me came there and searched the Hut and took away a knapsack and asked where the other men who lived with me were I told them that the two men who lived at the hut with me had gone with a message to Mr Simpsons they obliged me to go to my masters House with them which they searched and took away a fowling piece belonging to my master they then made me go with them to Mrs Von Bibras House – which they searched in like manner and took from it a sword aa shot belt and a kangaroo dog, they knocked at Mrs Von Bibras Door and as soon as it was opened two of them rushed in and presented their piece at Benedict Von Bibra and his Brother after they had remained there about a quarter of an hour they ordered me to go out with them and made me shew them the road to Mr Rt Corneys house they tied me to a fence within about fifty yards of the mens hut and a hundred or a hundred and twenty yards of

p223

the House, they tied my hands with a handkerchief behind me and then tied  them to a rail and tied Mr Von Bibras dog and another near me they told me to remain quiet and went to the Hut the dogs barked as they went up and I then heard a Rush, I soon after heard a knocking at Mr Corney’s House about half an hour after one of the armed men came to me, he looked at me but did not speak nor I to him he went away again to wards the House and returned to me in about three quarters of an house, I asked him to let me at liberty as I was very cold he said the house is like a Rabbit Warren to search and went away towards the House, he returned the third time in about an hour and took the knapsack which had been stolen from my Hut and which had been left near the Dogs he took it in a direction of the House and said he should not be long and then he would let me at liberty, he came to me in about an hour he had then two pieces in his hands  he untied me and gave me one of the piece told me to go home and give Mr Taylor the piece, I did so, it was Mr Taylors fowling piece, the man just loosened the

p224

handkerchief with which I was bound to the rail and went away I took the handkerchief and gave it to constable John White as soon as I got home, no one of the Bushrangers told me where they had been or what they had done before they came to my masters house I did not hear them speak on those matters to each other, I never saw either of them before, the man who untied my hand gave me nothings besides my masters fowling piece and that had not ramrod, I should know the ramrod that was already in my masters fowling piece by a flaw near the end of it, I believe this is that ramrod = I saw no other men near Mr Corney’s house on that night but these four men who said they had another party who had passed me before them, they took me away forcibly, I do not know I was in fear of my life but if I had refused to have gone, I feared they would have shot me, I did not go with them voluntarily, they told my master they must take me, I did not  hear them call each other by their names when they went into Ms Von Bibras House

p225

Mrs Von Bibra said to one of them for Gods sake that is not you Gibson is it, the man replied do not be alarmed we will not hurt you.

I am certain the four men who robbed my master were the same who made me taken them on that night to Mr Corney’s House.

I know that Joseph Moulds and John Gibson were two of the men who robbed my master’s House. I am not certain that William Ashton and William Baker  are the other two men. I am not certain that I saw either of these two men, Baker and Ashton that night

/signed/ Thomas Smith

Sworn before me at Launceston the twenty seventh day of September 1828 and read to the Deponent in the presence and hearing of William Ashton William baker and JOhn Gibson and Joseph Moulds

/Signed/ PA Mulgrave

p226

Van Diemens Land

To Wit

the information of Benedict Von Bibra who being first duly sworn saith, I reside upon the western Bank of the Macquarie River between Mr Corneys and Mr Simpsons farms last night about eight o clock I was sitting in one of the rooms of the House when I heard the dogs bark. I told my brother Charles to go out and see what they were barking at he had no sooner  put his  head out of the door than two men armed with Guns, one of whom had also a brace of horse pistols  slung round him rushed in and told me to stand, at the same time asking me who was in the House besides I told them there was no one in but my mother my two young brothers and myself, I do not know who these two men were, I never saw either of them before – they were each dressed in a fustian jacket and trowsers with handkerchiefs round their necks and had black beaver hats on – they asked if I had any fire arms, I said I had not they said they knew I had and ordered me to produce what I had – they then asked if I had any kangaroo Dogs, I told them I had one which they said they must have – they then  looked round the room and took down a sword which was hanging upon a short belt – they then sent me

p227

out to look for the dog, one of them went out with me – as soon as I got outside of the door, I saw two other armed men who went our with me, tied a string round his neck – I then went into the House again and the man who went out with me followed me in and then another man came in who was also armed with a Gun, he was dressed in a blue jacket and had an oilskin cap  on. I did not notice his trowsers. This last man had formerly been an assigned servant to my Mother his surname is Gibson, I do no know his Christian name – there armed men brought with them a man named Thomas whose surname I do not know he is shepherd to Mr Robert Taylor who lives next to me – he had no arms and was placed in a corner of the room by the two armed men who first entered the House then they had been at my House about half an hour the man who remained outside called out “come on” and the other three armed men then left the House with Mr Taylor’s man taking with them a sword  value ten shillings a patent shot belt value ten shillings

p228

a kangaroo dog for which I have been offered ‘five pounds, my property, all of which they feloniously and forcibly carried away with them – just about day light this morning I heard a shot fired I supposed that the Bushrangers or robbers were returning and shortly afterwards three armed men and a man without armed knocked aty my window and desired me to get up, I got up and found it was a Constable named White whose Christian name I do not know but who is stationed  at Mr Sutherlands JP and two men who from their caps I took for soldiers – the man without arms was Mr Taylors Shepherd who had left me House with the four robbers as already stated – White told me that he had killed two ducks which I might have if I would fetch them out  of the river on looking for them I found  that he had shot one of my tame ducks – White told me that Mr Corney had been robbed and that the Busrhangers had remained there hours – they then went away towards Mr Corneys, one my way to Woolmers I met Mr Corney and these last four men Mr Corney told me that the robbers had taken a quantity of plate and other

p229

things from him – They then left me and went on towards my House – I crossed at Mr Corney’s canoe and came straight to Woolmers – I am quite positive that these Bushrangers did not cross the Macquarie river in my canoe and the river is not fordable anywhere Mr Simpson has a Canoe and I believe Mr Bailes has one and if they did not cross by one of those  canoes I think they must have gone over the Bridge near Doctor Turnbulls

Before me this 9th day of July 1828

signed B v Bibra

/sd/ Thomas Archer

£100 in margin

The further information of Mr Benedict Von Bibra who being sworn saith the foregoing information which has now been sent to me is true, I believe that William Baker and Joseph Moulds were the two men who came into my mother’s house on the night of the Eighth of July John Gibson came in afterwards he had a Gun William Baker and Joseph Moulds had each a Gun I think it was baker who took my sword down and my shot belt and took them away. Gibson came in afterwards there was another man at the Door taller than either

p230

of the other three I am not certain that William Ashton was that man I do not know that I saw him there that night the shot belt was mine the sword belonged to my mother Elizabeth Von Bibra the Dog was mine

B Von Bibra

Sworn before me at Launceston the 27th of September 1828 and read to the deponent in the presence and hearing of  William Baker William Ashton John Gibson and Joseph Moulds

p231 (oct 1828 in blue pencil)

The information on oath of Robert Petty Stewart Esquire who deposeth and saith I received this letter on the eighth of September by post which I believe is signed by Mr Peter Harrison the Innkeeper and Jericho informing me that a man named Edward Miller had uttered and broken   for one pound which he said had been signed by me at the Barrack Gate in Hobart Town, I never gave an  order on Mr Harrison for any sum of money whatever I do not know that I ever saw Edward Miller before and never had nay dealing with him or authorized him directly or indirectly to take up goods or contract other debt on my account

signed  RP Stewart

Sworn before me at Launceston the 14th of October 1828 and read to the deponent in the presence and hearing of\

Edward Miller

Signed PA Mulgrave

The further information of RP Stewart Esquire who saith I verily believe that the real name of Edward Miller otherwise Henry Ladervig is John Hawkes and that

p232

he was a Private soldier in the 40th Regiment and my servant upwards of four years I then discharged him and he returned to his regimental duty. I was then in the Portuguese service and I heard that he was wounded in the knew at the Battle of Salamanca invalided and sent home there is a scar upon his right knee.

RP Stewart

Sworn before me at Launceston the 14th of October 1828 and read to the deponent in the presence and hearing of\

Edward Miller

p233

The examination on oath of Edward Miller charged with feloniously uttering  as true a forged order for one pound purporting to be drawn by RP Stewart Esquire on Mr Peter Harrison of Jericho knowing the same to be forged with intent to defraud the said Peter Harrison who having been cautioned not to say any thing prejudicial to his case saith my real name is Henry Ladervig I was born in the city of Rochester. My father was a master confectioner there his shop was opposite the Bulls Inn when I was about seven years of age  I was taken from my father by one Mr Gordon who kept the new Inn at Gravesend where I remained until I was about fourteen years old when I was apprenticed to one Mr Simpson a Baker and confectioner in Tooley Street when I was out of my time I entered on board the William Pitt East Indiaman commanded by Captain Graham and went to Calcutta where I left the ship and went into the service of a merchant named Horton who was sometimes called Catton and

p234

after I had been in Calcutta four years I went with my master to Singapore and after I had been there with his fifteen months I left Mr Horton and entered into the service of General Ochterloney. I remained with him eleven months when being very ill I returned to England in the Marchioness of Exeter and arrived at Blackwall in July 1813 I remained in England fifteen months and was employed as an assistance to the messman of the second Battalion of the 36th Regiment then quartered at Colchester, I saw my father once during that time but no other part of my family I embarked with the Regiment at Harwich in August or September 1814 we landed at Corunnu and remained with the Regiment between ten and eleven months when I fell sick and left the Regiment near St JAgo and returned to England in the Transport Robert NX no 50 in January 1815 I sent to my Father who came to me and gave me eleven pounds and said I must go and do the best I could for myself and must not come near his house again because my stepmother and I could never agree I

p235

went to Ipswich in Suffolk and worked with a man named Collier a Confectioner in Water Lane when I was convicted of stealing some gingerbread the property of my master and transported to Van Diemen’s Land for seven years my servitude expired on the 13th of July last at Maria Island where I had been sent for drunkenness I then went to Hobart Town but could get no work and wages were very low and after I had been there about three weeks I heard that wages were better in Launceston and I heard that my sister Mary Ann was living near Launceston with Captain Stewart and I thought she might do something for me when I got to Jericho I was without money and I gave Mr Harrison the Innkeeper an order drawn my me on Mr Stewart and signed Edward Miller in payment for board and lodging I did not tell Mr Harrison that I got the order from Captain Stewart at the Barrack Gate at  Hobart Town I have been in the neighbourhood of Launceston about a fortnight but have not seen or attempted to see Mrs

p236

Stewart or captain Stewart. I have told a great number of people that she is my sister, it is fifteen or sixteen years ago since I  saw her, she was the daughter of my step mother . I did not change my name until I got into trouble and I then gave my name is Edward Miller, Miller was my mothers name, I did not think  there was any harm in giving Mr Harrison the order upon Mrs Stewart, I meant to have called upon her and told her of it so soon as I had turned myself round and got decent clothes, I do not know the maiden name of my step mother, I never saw my father’s father or mother I do not know that my grand mother married after my grand fathers death. I never was in the service of Captain Stewart in my life I never was a soldier the wound in my right knee was caused by a kick from a horse belonging to Captain Carruthers of the 43rd foot at Batangu and I am still lame from that wound if I walk far or fast I left some things in a Box in Hobart Town

p237

in charge of a Baker named Sefton in Elizabeth Street, he has the key of that Box it only contains papers.

signed

Edward Henry Laidwig

Taken before me at Launceston the fourteenth day of October 1828 and read to the Examinant before he signed it

signed

PA Mulgrave

p238

The information on oath of Patrick Carlin a Colour Serjeant in His Majesty’s 40th regiment who saith, I was pay serjeant to Robert Petty Stewart who was a Captain in the 40th Regiment for several months within the last two years, I have frequently seen him write and sign his name, I am persuaded that no part of this order in favour of Edward Miller has the least appearance of Captain Stewart’s handwriting it is very different from his usual handwriting and to the best of my belief it was not written by him

Patrick Carlin

Col Secy H E

£100 PAM

p239

Sworn before me at Launceston the 24th of December 1828 and read to the deponent deponent before he signed it

PA Mulgrave

(unreadable in pencil)

Copies of informations

v S Miller

October 1828

p240

Police Office

Campbell Town

29th Dec 1828

Information of Thomas William Massey of Ben Lomond on oath – about seven months back I sold fifty head of cattle belonging to Charles Fletcher  Howard by auction the greater part of which were purchased by John Warner known by the name of Smutty Jack residing near Launceston – the cattle were all marked CH – Warner after  he purchased them marked them with the letter IW – Some few of them returned to the run almost immediately afterward. I informed Warner that the cattle had returned and fixed a day for his drawing them out of the herd – I also told him some of them were not branded – no one attended at the time appointed to draw them off, since then I have been informed that he had been drawing them off on the seen?? without my consent – George Richards and Henry Boyle assisted Warner in drawing them off til the time the stock were driven off a  cow and calf belonging to Charles Fletcher Howard were taken with them, which in consequence of knocking up, were left by Warner in the

p241

care of Samuel Porter? at the Springs near Launceston – Porter/Patten assisted me in taking the fifty head cattle in, and observing this cow and calf were not of the numbers sold by me refused to give them up to Warner stating this as his reason for refusing – the cow and calf are now in the possession of Porter/Patten – the cattle were driven away without my consent or knowledge and I have no hesitation in stating my belief that the cow and calf were taken with the intention of slatering them – I cannot fix an exact date when the cattle were driven from the run but it must be  about the Tenth of the present month

WM Massey (signed)

Sworn before me

this twenty ninth day of December 182eight

James Simpson

Police Magistrate

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Thomas W Massey

Cow and Calf

December 1828

(Campbell Town in pencil)

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Police Office

Campbell Town 29th Dec 1828

Thomas Davies free on oath – I am overseer to Thomas Massey of Ben Lomond about seven months since I assisted in driving fifty head of cattle the property of Charles Fletcher Howard a into Launceston for Sale – They were sold by auction the greater part were purchased by a man nicknamed Smutty Jack who resides near the Smiths farm at the Cocked Hat Hill – some of the cattle returned to Mr Masseys run most of them being branded IW there was one cow not branded last Tuesday in going to Launceston I called and Samuel Patins told me that there was a cow and calf on their farm which her husband ad stopt as it belongs to Charles Feltcher Howard – it was brought there by Smutty Jack George Richards and Henry Boyle with some cattle that they were bringing from Mr Massey’s – I afterwards met Samuel Porter/Patten and he confirmed what his wife had told me – on  Saturday morning last on my return from Launceston I saw the Cow and Calf  at Porter/Pattens – I can swear positively that the cow belongs to Charles Fletcher Howard she is branded  CH – she has a calf by her side – I do positively swear that she is not one of the fifty head of cattle lately sold by Mr Massey at Launceston

Thomas Davis

his X mark

DA Skiving witness

Sworn before me this twenty ninth day

of December 182 eight

James Simpson

Police Magistrate

END of BOX 1 – End of Vol 1